Mark IV Enterprises' hyper-controversial proposal for a 167-unit apartment complex along the Erie Canal in the Village of Pittsford is still alive, but so is the layered saga surrounding it.
The project at 75 Monroe Avenue, called Westport Crossing, is still caught up in a tangle of lawsuits and at the end of July, the developer added a new one. Mark IV wants state Supreme Court Justice John Ark to strike down parts of a recent Pittsford village board resolution.
On July 2 the village board, acting at Ark's direction, reissued special permits and a regulation plan for the project. These are the same permits and plan the board first issued in November 2012, and they've always included limits on building footprints, sizes, and heights.
"The village has always supported the legitimacy of the special permit that was originally granted to the project," says Mayor Bob Corby.
After the permits were first issued in 2012, Mark IV submitted plans for village boards to review and approve. But Corby and other village officials say those designs are inconsistent with the permits and regulation plan because the buildings are too tall and too large. Last month's resolution renewing the permits included demands for changes to the project designs.
The company has maintained that its plans comply with the permit. Don Riley, Mark IV's vice president of marketing and development, says the court proceedings are in their final stages. Mark IV has invested substantially in the project already, and the company continues to plan for the development, Riley says.
"We've gone too far to walk away," Riley says.