NOTICE PURSUANT TO ARTICLE 2 OF THE NEW YORK EMINENT DOMAIN PROCEDURE LAW FOR THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED IN THE TOWN OF VICTOR, ONTARIO COUNTY, NEW YORK
NOTICE IS HEREBY GIVEN to all persons that a public hearing, pursuant to Article 2 of the New York Eminent Domain Procedure Law ("EDPL"), will be held by the Town of Victor (the "Town") on Monday, April 24, 2023, beginning at 7:00 p.m., local time, at the Town of Victor Town Hall located at 85 East Main Street, Victor, New York 14564.
In addition to informing the public, said public hearing is being held for the purpose of considering (i) the proposed "acquisition" by condemnation (as such quoted term is defined under EDPL; hereinafter referred to as the "Acquisition") of certain "real property" (as such quoted term is defined under EDPL), located at the situs at the Eastview Mall (located at 7979 Pittsford-Victor Road in the Town of Victor, Ontario County, New York; the "Eastview Mall"), consisting of the former, and now vacant, approximately 93,000 square foot Lord & Taylor's department store together with the existing Lord & Taylor's improvements and the adjoining and nearby parking fields and related improvements located at 700 Eastview Mall Drive (identifiable by Tax ID#: 6.00-1-12.600 and owned by HBC Victor LLC) and containing in the aggregate approximately 8.40 acres (collectively, the "Proposed Site") in the Town of Victor, Ontario County, New York and (ii) the public purpose of the proposed Acquisition, location of the Proposed Site, general effects of the proposed Acquisition on the environment and the residents of the locality and other relevant information. No proposed alternate locations are being considered.
Wilmorite Construction, LLC (an affiliate of Eastview Mall, LLC, the landowner of Eastview Mall), for itself and on behalf of its affiliates including LTEVM, LLC, a Wilmorite controlled entity (collectively, the "Company"), has requested the Town's assistance with respect to the Acquisition of the Proposed Site in connection with the reuse and redevelopment by the Company of the vacant and underutilized Proposed Site through a municipal and economic development project consisting of (collectively, the "Project"): (A) leasing approximately 11,000 square feet to the Town for use as a business incubator office, community and recreation center space and other Town-related uses to provide additional foot traffic near that area of Eastview Mall, (B) leasing approximately 50,000 square feet to a leading and growing international new to market and regionally significant retailer (currently under confidential lease negotiations with the Company) known for its affordable, sustainable, environmentally conscious and trend setting clothing, beauty products, homeware and accessories to create a sought after retail destination and (C) leasing approximately 32,000 square feet to a family-owned grocer (currently under a confidential letter of intent with the Company) focused on healthy, environmentally conscious and nutritious food choices, all to further the public purposes of advancing the general prosperity and economic welfare of the residents of the Town by returning the vacant and underutilized Proposed Site to productive use and thereby, among other things, attract additional businesses and visitors to the Eastview Mall, while creating employment opportunities, increasing the property tax base within the Town, increasing sales tax revenues to the Town and Ontario County, and decreasing the negative impacts associated with large vacant buildings within the Town and surrounding community.
All interested persons are invited to attend said public hearing and present their views regarding the proposed Acquisition. Persons unable to attend the public hearing, or persons in attendance at the public hearing, may submit to the Town, either prior to or during the public hearing, any written comments or other related documents regarding the proposed Acquisition. Any written comments and related documents received prior to or on the public hearing date will become part of the official public hearing record. Written comments can be sent to the Town of Victor, c/o Town Supervisor, 85 East Main Street, Victor, New York. Comments received after the close of the public hearing on Monday, April 24, 2023, will not be considered.
Dated: April 4, 2023
TOWN OF VICTOR