Mercy Park
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Mercy

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Development

My opinion, and what you can do

Lee Drake, Dorking Rd. Resident

 

This is your last chance!

 

On November 28th at 7PM at the Brighton Town Hall the Town of Brighton will have the final public hearing prior to voting on the rezoning of the Mercy Park Project as currently proposed by Newmark Development.  

 

ON OR AFTER THIS DATE THERE WILL BE A RE-ZONING VOTE.  IF THE VOTE PASSES THERE IS NO WAY TO STOP OR MODIFY THE SCOPE OF THE PROJECT.  

 

I am asking that ANY concerned citizen PLEASE take the time to show up for this public hearing and VOICE YOUR OPINION.  The number one thing you can do is ATTEND and SPEAK AT the public hearing on November 28th.  All comments go on record at the public hearing.  Your councilpeople are bound to represent you, the residents, as part of this process.   If for some reason you need a ride I’d be happy to take you to the meeting place myself.  If you cannot attend at all, but want your opinion heard, take a few minutes to write or type up a statement that can be added to the public record and mail or Email it to the town.  It wouldn’t hurt to show up and reiterate your opinion at the actual town meeting if the vote is brought there.

 

If you have questions you can contact the town, or ask me about the project – I’ve done a fair bit of research.  My contact info is at the bottom of this flyer.

 What ELSE can be done:

 The second thing you can do is to write your councilpersons and the town supervisor regarding your opinion on the project.  I’d suggest that short, concise statements of fact (rather than emotional responses) are most likely to sway opinions.  Targeting specifically the town councilpersons that seem to be for the project and the Supervisor would be the most likely way to get results.  Specifically target issues regarding ZONING on the project as that is what is up for vote.

Finally, anything that can be done to raise media awareness and public awareness about and against the project would be helpful.  If you can write a letter to the editor regarding the project, or speak to reporters about it, that would be helpful.  The more public the call is to resist this project re-zoning, the harder it is – politically – to approve the project.

 

Why I and others in the neighborhood oppose the project as proposed:

The project calls for a high rise apartment building to be built – completely out of character for the existing neighborhood.
The project has, in hopes of retaining the high rise development, eliminated a large number of single family homes – the only part that DID fit in with the current development plans.
The project will, no matter what the developers say, significantly impact traffic on Clover Street, Dorking Road and Kimbark.  Traffic volumes on these streets will increase as residents and staff travel to and from the facility through it’s main entrance on Clover.
The project does NOT fit in (except by using some curious and sly mathematics) to the existing town zoning Master Plan or the proposed Comprehensive plan.
The project does nothing to benefit our neighborhood.

 The current state of the proposed project

The area MUST be re-zoned for the proposed development to go through.  The current zoning doesn’t permit the area to be developed in this way, nor does the town’s new Comprehensive plan or their older Master plan call for this use of the property.  The re-zoning MUST be done by a vote of the town council (All four council persons and the Town Supervisor vote).  

 

Put the meeting date on your calendar and PLEASE attend!

Brighton Town Board Public Hearing

Mercy Park Project Rezoning

When: November 28th, 2001

What time: 7PM

Where: Brighton Town Hall

 

A little history:

This project was originally proposed about 5 years ago.  It’s been revised several times to try to wedge it into the Town’s comprehensive plan.  The Final Environmental Impact Statement (FEIS) was passed in October, with a finding of “No Impact” over the strong objections of two members of the Brighton Town Council.  The project calls for a large development to be placed in the area bordered by the railroad tracks, Clover Street, the Mercy High School Soccer fields and 590 (see picture on page 3).

Here is what the comprehensive plan has to say about how the area should be developed:

Area 36   RECOMMENDATION — Low Density Residential, Existing Zoning — RLC, RLB, Size — +/- 24 acres Environmental — Woodlot EPOD (>85% of site), Federal Wetland (+/- 20%), Bedrock Near the Surface Area 36 is recommended for low density residential use along Clover Street and clustered low density residential use on the interior of the site.  The site is almost entirely covered by a Woodlot EPOD, which should be protected to the extent possible, and contains a significant area of mapped federal wetland, which should be protected.  Traffic impacts of the development of Area 36 would primarily fall on Clover Street, the eastern boundary of the site.  The existing residential development on the east side of Clover Street dictates a land use recommendation for Area 36 that limits traffic impacts on that street. 

 A recommendation for low density development on Area 36 is also supported by the existing low density residential  development to the south and north.  It should be noted, however, that the existence of bedrock near the surface could place economic constraints on the types of structures that are feasible there.   Development should be buffered from I-590 to the west and the rail line to the south.

Area 36, plus 8 acres to the north adjacent to the Mercy High School athletic fields, has been proposed for development as an adaptive care senior community.  A rezoning request has been made by the developers of the project and is currently under review by the town.  The land use recommendations above are made without prejudice to this proposed project.” (comprehensive plan 2001 – Underlines added editorially)

The project would place a very few (30 or so) multiple resident condominium style homes, near Clover and one very large multi-story assisted living facility with 190 “units” or individual apartments (essentially a sky rise apartment complex – completely out of character with the rest of our neighborhood).

The main entrance for the project would be between Kimbark and Dorking roads.  Under pressure from the neighborhood and the town the developers added a “second entrance”.  This entrance actually starts in the back of the Mercy High School parking lot (on the 590 side of the current Mercy building).  Anyone using this entrance would enter through the current Mercy high school front driveway, thread through the parking lot, and then get to the actual project entrance at the back of the parking lot.  The entrance on Clover, on the other hand, will be a large, landscaped entrance with a sign and a gate – directly on Clover Street. 

As a person who used to write Environmental Impact Statements, I can tell you that the traffic studies done to support the project in the EIS were woefully inadequate.  If you’re interested in how the traffic studies fall short let me know and I’ll give you details.

The project has proposed no improvements for Clover Street, other than a sidewalk up the Mercy side of the street to Blossom (no indications as to who would clear this sidewalk of snow), nor any traffic abatement to minimize cross street traffic on Dorking and Kimbark.  It seems VERY LIKELY – given the current state of the project - that these two streets, especially Dorking, will end up being cut-throughs for vehicles traveling to the establishment.  As 25mph streets with both children and adults in the road, increasing the traffic this significantly would have a major impact on our neighborhood.

With a population of well over 300 people, and a large staff to care for the hundreds of disabled or elderly people in the development, there will be significant traffic after development – it doesn’t take an impact statement to see that, all you need is common sense.  During development the company intends to route earthmoving equipment, dump trucks, and other heavy construction vehicles down Clover Steet (since the “back entrance” will be unsuitable due to the fact that it runs through the Mercy parking lot).  Construction will also require blasting as the area is too close to the bedrock to construct basements without blasting.

The construction of a high rise apartment building is in direct contradiction of the town’s directive to the development corporation (through multiple town Master Plans) to develop low to medium density residential housing on that plot of land.  The Newmark Corporation wants to get around that by dividing their 220 units into the entire area of the development, including a pond they cannot remove due to NYS wetland laws, and other area unsuitable for development (next to I590 for instance).  They only want to rezone the area the high rise is on though – they can’t have it both ways.

 

The only people that really benefit from this development are the Newmark Corporation (who will build and run the facility), and the Sisters of Mercy Motherhouse (who are selling the land). 

 

The Political Landscape

 

In a highly debated vote the town board recently adopted a “No Impact” finding (by a narrow 3-2 majority) saying that the project “Fit the comprehensive plan” – which it does not.  Although normally only a “simple majority” is required for a passing vote, there is a petition being raised among the residents along Clover Street to require a “super majority” of ¾’s of the town council to vote for the re-zoning (basically 4 of 5 rather than 3 of 5).  Do not pin your hopes on this petition though – the legal standing of the petition (due to the way that the project rezoning is being requested) is tenuous at best.  Your best bet is to attend and comment at the public hearing.

Based on rhetoric and comments raised in other meetings here are what the sentiments seem to be: 

Councilperson Tierney has indicated at the town board meeting that he opposes significant portions of the project as it currently is written, and that the Final Findings of the FEIS do not meet with his approval.  He voted against approving the final findings of the FEIS.

Councilperson Kraus also was uncomfortable with the “glowing positives” for the project in the FEIS and has indicated opposition to at least some portions of the project as it currently stands.  She voted against the approval of the final findings of the FEIS.

Councilperson Gordon has been an outspoken proponent for the project. He voted for the final findings of the FEIS and actively promotes the project to the town.  He is the most vocal proponent of the project.

Councilperson Vogel refuses to indicate his stance and has had very little comment on the project in town meetings.  He served (about 10 years ago) on the board for Mercy High School (it should be noted that when interviewed he indicated that this “doesn’t influence his decision one way or another” and that the Mercy High School and the Motherhouse – which will directly benefit from the project - are two separate entities).  He voted quite promptly and without reservation FOR acceptance of the FEIS final findings and appeared quite defensive about his stance in recent public meetings.

Supervisor Frankel seems to be “on the fence” regarding this one.  While she did vote for the Final Findings she’s kept an open ear towards community concerns regarding the issue.  Supervisor Frankel seems the most likely “tie breaker” vote regarding this project and I’d encourage any of you to write her if you have objections to the project.

Thanks for taking the time to read this long missive, and I hope that in the near future I’ll see you at the Public Hearing.  I’ve added contact info for the concerned parties to the right of this column

Contact Info:

James R. Vogel, Councilperson
784-5257 (voice mail)
Jim.Vogel@usa.xerox.com 

Raymond Tierney III, Councilperson
784-5256 (voice mail)
RJTThree@aol.com 

Kenneth Gordon, Councilperson
784-5255 (voice mail) 
Kengor@aol.com
 

Sherry Kraus, Councilperson
784-5255 (voice mail, no e-mail)

S
andra L. Frankel,
Brighton Town Supervisor 
784-5251
sfrankel@rochester.rr.com

 

Other contact numbers:

 

Town E-mail address: brtown@rochester.rr.com 
Town Hall Phone Number:  784-5250

 

My contact info:

Lee Drake
244 Dorking Rd.
Rochester, NY 14610

Phone: 716-242-2060

ldrake@leedrake.com