ZBA grants special use permit for student housing
by JESSICA L. FINCH Associate Editor

After the Amherst Zoning Board of Appeals' recent granting of a special use permit for American Campus Communities, Supervisor Satish Mohan and Council Member Shelly Schratz tried to ask the Zoning Board to rethink its decision.

But the efforts to pass the resolution were withdrawn during a special meeting Monday because other board members said they weren't prepared to vote.

"This is about town code, I want to be told before the meeting about what will be discussed," Council Member William A. O'Loughlin Jr. said.

Frustrated with not being informed about topics before a meeting, O'Loughlin questioned items board members brought to the table.

The Amherst Bee was informed of Monday's special meeting regarding the Zoning Board of Appeals on Aug. 23 in a release from Mohan.

This was the first time the work session was moved to 3 p.m. in an effort to have more efficient meetings, but because Mohan called a special meeting it was held in the meeting room instead of the board members' conference room.

The Zoning Board made its decision on Aug. 15 to grant a special use permit for the Chestnut Ridge Student Housing Community at 4460 Chestnut Ridge Road being developed by American Campus Communities.

An environmental impact study will not be required, which Zoning Board Member Colleen Bogdan said she wanted done. The question of wetlands in the area has been addressed, and according to Mohan, a five-year-old report stated that the wetlands exist.

Inundated with phone calls, Mohan sponsored the resolution to address the issue that has sparked a lot of residents' concerns. Throughout the process residents and board members, alike, were concerned about safety and the impact the project will have on the area.

American Campus Communities already operates units on Sweet Home Road. Close to 200 police calls have been placed from the building since it opened in May 2005.

Schratz said because the questions on safety and environmental impacts were not fully addressed, she thought the Town Board should request more information from the Zoning Board about its decision.

"Have they explored everything?" Schratz said, adding it is unknown if the wetlands remain the same as when studied years ago.

Zoning Board of Appeals Chairman Joseph Speth said the vote was 4-1 to grant the special use permit.

"There were a lot of factors, and we had to weigh all the factors," he said. "After weighing them all, we cast our vote."

The next step for the plan is going before the Planning Board for site approval.

In response to the Town Board's questions, Speth said he thinks the board has the right to voice its opinion and question decisions. He added that just as any residents have the right to question or comment so does the Town Board.

What the Town Board doesn't have is power to require the Zoning Board to do or not do anything, town attorney Tom Jones said at Monday's special meeting.

"The Town Board has no authority over the Zoning Board of Appeals according to the New York State Bar Association," Jones said.