BUSHNELL’S BASIN, N.Y. — A state judge has ordered the Town of Perinton to approve a controversial apartment and townhome development at the long-abandoned Burgundy Basin, leaving neighbors frustrated, and town officials looking to push back.
News10NBC’s Tom Kowalski first reported on negative neighbor response to the Burgundy Basin proposal one year ago. The town’s board rejected the project in May 2025, but County Judge James Walsh, acting on behalf of the State Supreme Court, recently ruled that decision was “arbitrary and capricious” and said the town must grant developers a special permit to build the homes.
Neighbors react
“I said, oh, damn. That was pretty much it,” Joe Charles said.
Charles has lived across from the Burgundy Basin for 40 years. One of his and his neighbors’ biggest concerns is traffic, especially with a one-lane bridge acting as the fastest way across the canal to Route 96. The bridge can’t be upgraded due to its historic nature.
“If we had a two-lane bridge there, [or] if there were better access on Marsh Road. Yeah, I could see it,” Charles said. “Maybe not, you know, 180 units.”
Redevelopment details
The project calls for 189 apartments and 20 townhomes. Last year, the vote failed with just a 2-2 tie, with some board members raising concerns about possible canal embankment compromises, project density and neighborhood character.
A New York State Department of Transportation study says the development wouldn’t have significant impact on traffic. That was partly why Walsh ruled in favor of the developers.
Developers Carl Arena and Mike Clarcq said in a statement they’re “pleased Judge Walsh ruled in their favor.”
But neighbors feel otherwise.
“I’ve seen their studies and they said, ‘oh, it’s going to be no worse than the Basin Inn, when it was a party house.’ But the problem is when the Basin Inn was a party house and they let out, it lasted for maybe 15 minutes, and that was it. The traffic here is going to be all day long,” Charles said.
Kowalski spoke with seven other neighbors in the area who didn’t want to speak on camera. Six of them were against the project.
Town files appeal
The Town of Perinton filed an appeal two days after the judge’s decision. Town Supervisor Jenn Townsend sent the following statement:
“The Town is reviewing Judge Walsh’s decision related to the Burgundy Basin Inn litigation. We are carefully evaluating the ruling and consulting with counsel to understand the Town’s options and determine the best way to move forward in the community’s interest. Given the nature of the ongoing legal process, we are unable to comment further at this time.”
“I don’t mind change, and I don’t mind it being developed, but not to the tune of 180 units,” Charles said.
In a previous town poll from 2025, 42 voters were in favor of the redevelopment, while 58 were opposed.
You can read the full decision from Judge Walsh here:
Walsh decision re Burgundy BasinDownloadState judge orders Town of Perinton to approve Burgundy Basin redevelopment despite neighbor opposition WHEC.com.
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