Re-vote on rezoning criticized
by JESSICA L. FINCH Associate Editor

The majority of the Amherst Town Board stood strong against their decision to down zone sections of Millersport Highway.

Two weeks following the 3-hour long public hearing and vote on 30 parcels on Sept. 5 Council Member William A. O'Loughlin Jr. sponsored a resolution to re-vote on two parcels, 4225 and 4245 Millersport Highway on Sept. 18. The resolution did not receive a second.

The properties are owned by the Lillis family, and O'Loughlin said they had not been given information needed to file a petition, which would have required a super majority vote of six votes to deny the resolution. The vote was 4-3 to down zone.

"This is not so much a zoning issue but about treating people fairly. We must inform them that they have the right to file a protest petition," he said.

His resolution requested that the family be allowed to maintain their GB-General Business zoning status. During the Sept. 5 vote the parcels were rezoned to SASuburban Agriculture.

Because the family didn't currently have any structures operating under the GB zoning they are now not allowed to develop. A structure on a re-zoned parcel will be considered nonconforming and allowed to remain.

Many residents responded to O'Loughlin's resolution with letters to the Amherst Bee and also spoke at the meeting. They said they were upset with the council member's decision to favor one family and that Millersport Highway should remain downzoned.

Residents were also upset that O'Loughlin stated that flooding was not a problem in that section because they said they knew for a fact that flooding did occur.

With no second from a board member who voted in favor of the re-zoning the motion failed. Although the Lillis family filed a petition after the fact the parcel will remain SA zoning.

e-mail: jfinch@beenews.com