A state Supreme Court judge has ordered an approval for a 209-unit housing development in Perinton, ruling the town board acted improperly in denying the project at the former Burgundy Basin Inn site.
The development submitted a special use permit in April 2023, which was denied by a split town board vote in June 2025.
State Supreme Court Judge James Walsh Jr. ruled that the Perinton Town Board decision to deny a special use permit for a planned mixed-use development was arbitrary and capricious. The decision also granted the special use permit, which had been denied by a tied board vote in June 2025. The court’s decision on the Article 78 petition was handed down on April 6, about 10 months after the town board denied the permit.
Court rejects town’s rationale for denial
In his decision, Walsh said that while there was community opposition to the project and concerns about how it would affect traffic, flooding and its fit with the neighborhood, it was insufficient grounds to deny the developer’s application.
At oral argument, the town said the board members who voted against the special use permit did so based on neighbor opposition and traffic. They also argued that because there was a tie, no decision was made and the project could be resubmitted. Walsh pushed back on this notion, pointing to case law that showed a tie of the board results in a denial under town code, calling it a “misplaced argument.”
The permit application aligned with the town’s comprehensive plan and Perinton town code, Walsh’s decision says. It also highlighted evidence such as a geotechnical engineering report, which determined the project would not damage the Erie Canal embankment, and a traffic impact report, which determined there would be less peak hour trips than generated by the former inn. The traffic report was reviewed by a third-party engineering firm, state Department of Transportation and the town public works department.
The town board gave a negative declaration for the state-mandated environmental review of the site plan before the split vote, where issues of impact on the traffic, canal and local environment were addressed. This means it was believed the 11.3-acre redevelopment would not harm the existing environment.
Then-Town Supervisor Ciaran Hanna and councilpersons David Belaskas and Meredith Stockman-Broadbent voted for the negative declaration. Councilperson Michael Folino voted against.
In the following vote for the special use permit, Hanna and Belaskas voted in favor. Meeting minutes at the time show Hanna stated the motion failed to carry.
What the Burgundy Basin Inn redevelopment includes
The planned redevelopment includes three apartment buildings totaling 189 apartments and 20 townhomes with onsite parking, a dog park and pickleball courts. An existing building on the site would remain according to drawings from November 2023.
The plans call for 255 parking spaces for the apartments and 80 for the townhomes, which are less than the code requirements.
— Steve Howe reports on suburban growth, development and environment for the Democrat and Chronicle. An RIT graduate, he has covered myriad topics over the years, including public safety, local government, national politics and economic development in New York and Utah.
This article originally appeared on Rochester Democrat and Chronicle: Judge orders Perinton to approve 209‑unit Burgundy Basin project
Reporting by Steve Howe, Rochester Democrat and Chronicle / Rochester Democrat and Chronicle
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