Rochester Approves Redevelopment of Housing Complex for Seniors

Landlord sought to redevelop a 60-unit affordable housing community for seniors. The 1957 deed from the City of Rochester to prior landlord contained several restrictive covenants, including a provision that any construction plans for the project be approved by the City Planning Commission (CPC). In 2016, landlord sought to redevelop the project by demolishing the existing complex and constructing several new apartment buildings containing over 100 apartments. The city sent landlord a letter outlining the project's approval process, which concerned financing, review under the State Environmental Quality Review Act (SEQRA), site plan review, and city approval. After a hearing and approval of the project, tenants filed an Article 78 court proceeding to challenge the city's ruling.

 

The court ruled against tenants, who appealed and lost. A city zoning manager complied with SEQRA in issuing a negative declaration that the project designation didn't require an environmental impact statement because the zoning manager properly relied on a soil study that concluded there was no indication of any metals located on the premises. Also, the CPC's use of the special permit standard in its review of the project was neither arbitrary nor capricious under Rochester zoning law because the CPC provided a reasonable explanation for its decision to recommend the used standard. And changes made to the project were not substantial that a second referral for possible SEQRA review was needed.