David Andreatta

@david_andreatta

A controversial residential and retail complex proposed for the village of Pittsford cleared a major logistical hurdle this week when a state judge ordered the village's trustees to stay out of the planning process.

State Supreme Court Judge John Ark ordered the village Planning Board to decide on a site plan for the project as soon as possible and barred the Board of Trustees from weighing in on the matter.

At issue is the fate of Westport Crossing, which would erect 167 apartment units and a 125-seat restaurant on 7.4 vacant acres on Monroe Avenue near the Erie Canal.

Chris DiMarzo, the chief operating officer of Mark IV, the construction firm developing Westport Crossing, called the decision a "turning point" in a long, litigious saga and said he hoped to break ground next spring.

The project has been a political and civic headache in Pittsford for several years, representing growth and prosperity to some and the destruction of the village's historic charter to others.

The Planning Board last year preliminarily approved revised plans for the site that would have moved the restaurant closer to Monroe Avenue than the developer had originally specified.

But trustees, who under village code may review Planning Board decisions, argued that relocating the restaurant violated conditions under which a special permit had been granted to get the project underway, and held the change up as grounds to reopen a lengthy and costly environmental review process.

Trustees had support of a group calling itself the Friends of Pittsford Village, residents who believe the project is too large and will worsen already maddening traffic congestion on Monroe Avenue.

The developer challenged the move in court and the decision, dated Tuesday but released Wednesday, was the result of that litigation.

The decision does not order the Planning Board to approve the site plans, but rather gives the board unfettered freedom to move forward.

In an interview, DiMarzo said the Planning Board's track record and willingness to work with his company suggested the necessary approvals would be granted.

"For the last three years we've been going down a route with the Planning Board very positively toward approval," DiMarzo said. "I think that this decision is really a turning point and that we should be able to complete our approvals within the next few months, and our hope is to begin construction in the spring."

Phone messages left for Mayor Robert Corby late in the afternoon at Village Hall and on his cellphone were not immediately returned.

Left undecided by Judge Ark was a separate case before him that was brought by the Friends of Pittsford Village in 2012.

That case argued the process by which the village had granted the project a special permit was improperly conducted without an opportunity for public input.

Alan Knauf, a lawyer representing the group, said whether the project will move forward hinges on his client's case.

"Everything depends on the special permit," Knauf said. "If they don't have the special permit, then everything else is meaningless."

DANDREATTA@Gannett.com

Twitter.com/david_andreatta