Supermajority vote blocks plans for Wal-Mart
by JESSICA L. FINCH Associate Editor

Parcel 5, also known as 4300 Millersport Highway and the plot proposed for a Wal-Mart, will not see any big box development under its new zoning status.

The Town Board voted in a supermajority ruling of 6-1 to rezone the 67.2 acres from SCshopping center to TND-town neighborhood district.

The decision was made during the Sept. 5 board meeting following a three-hour public hearing on rezoning 30 parcels in the surrounding area.

Councilman William A. O'Loughlin Jr. cast the only no vote but the change was close to failing. For nearly a minute before he voted, Councilman Michael McGuire sat staring at the screen where the map of the parcels was shown.

The crowd shouted, "Come on Mike," and "Do the right thing." Board members even voiced their opinion as McGuire pondered his decision, at one point pulling at his arm to vote for the rezoning. In the end he raised his hand to yes - rezone parcel 5.

The crowd erupted in cheers and applause when the vote was finalized. A petition of 1,815 signatures, opposing Wal-Mart, had been filed during the public hearing. Many residents speaking against the "big box" development were concerned about flooding, wetlands, traffic, soils and quality of life.

O'Loughlin voiced his opposition to the proceedings throughout the meeting, voting no on rezoning the majority of the parcels.

"You have kissed away the right to have balance in the town," he said about the board's decision to change the zoning. "You have shifted the tax (burden) to the residents."

He added that developers will now not look at building in the Town of Amherst.

Sean Hopkins and Peter Sorgi from Hopkins, Garas & Sorgi, PLLC spoke during the public hearing on behalf of Wal-Mart.

Hopkins told the board the reasons against having a Wal-Mart developed on the property, which has been zoned SC for 30 years, have not been supported. He said the flooding and traffic issues raised are not supported by any evidence that they will be a problem.

Sorgi said the developer would have liked the opportunity to go forward with the process and possibly flush out those problems.

Attorney Jeffery Palumbo, representing the landowner, who has owned the land for more than 30 years, said the downzoning of the Millersport corridor was in response to the Wal-Mart site plan. "It is clear the whole purpose of this is to stop Wal-Mart," Palumbo said.

He added that with no discussion about the change, the vote to rezone would be flat out wrong.

Questions have been swirling on whether the consideration to rezone the parcels took place following Wal-Mart's interest.

According to Councilwoman Shelly Schratz, the votes were taken to follow the town's Comprehensive Plan and to respond to a serious flooding problem.

The change was not recommended by the Planning Board.

Palumbo told the board, "(We) will not sit idle if downzoned. (We) will sue for the full purchase price (of 4300 Millersport Highway)."

A call to Palumbo's office was not returned.