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Whole Foods project faces another lawsuit

May 08, 2018 06:43 AM

This lawsuit names the Daniele Family of Companies, the Brighton Town Board, and the Town Planning Board among others.

It is asking a judge to halt the Whole Foods project until the issue of incentive zoning is resolved.

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The lawsuit is brought by Brighton Grassroots, which is a group of neighbors and business owners. The issue that is outlined in nearly 70 pages of court documents is incentive zoning.

The lawsuit states that the town is misusing and misrepresenting incentive zoning. The group thinks that the incentives offered by the Daniell’s don’t equal what the family will gain in developing a Whole Foods Market and in bringing other retail.

Brighton Grassroots says it is bringing this lawsuit to “right size” the plaza based on normal zoning therefore not requiring all of the variances needed.

The Daniele Family have promised several improvements to this area mainly to reduce the size of the project by 10,000 feet and agreeing to eliminate access via Clover Street and Allens Creek Road. The family also agreed to traffic lights and a dedicated nature trail. 

“We will continue to fight this," said developer Anthony Daniele. "Time will get us to the end. We believe the law is on our side. We haven’t done anything wrong. The town of Brighton has been diligent in its process and we believe that Brighton as hard as they are to work with because things take a long time. Part of that process includes them crossing every 'T' and dotting every 'I'.”

The Daniele Family say this will delay the project but it won't stop it.  

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