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March 7th, 2007
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Mohan suggests making Bailey Avenue one-way
by JESSICA L. FINCH Associate Editor

Supervisor Satish Mohan is attempting to prepare the town for a proposed Super Wal-Mart on Sheridan Drive.

Although the Zoning Board of Appeals and the Planning Board have not voted on the variances and site plan for the 191,700-square-foot structure at Sheridan Drive and Bailey Avenue, Mohan and Planning Director Rick Gillert have met about ideas for handling the problems voiced by residents.

"We have no authority to rezone ... but we have the authority to take care of our constituents," Mohan said during Monday's Town Board work session.

Several issues were brought to the attention of the Town Board by the Hartford Homeowners Association and other concerned residents. Because the site selected by Wal-Mart is zoned GB-General Business it does not need to be rezoned.

The company is seeking four variances, to be decided by the ZBA. The site plan approval is the decision of the Planning Board.

Gillert presented Mohan's and the Planning Department's ideas to the Town Board at Monday's work session, highlighting possible solutions for the noise, traffic and pollution concerns.

The town is considering widening North Bailey Avenue and Sheridan Drive to handle the already heavy traffic. Residents are complaining that a Wal-Mart would make the problem worse.

Gillert said another suggestion is converting a portion of North Bailey, from Emerson Drive to Sheridan, to a one-way street. Which direction traffic would flow has not been determined.

The town would also recommend building noise barriers, limiting store hours as well as loading and unloading hours, reducing the height of lights and improving the aesthetics with a new storefront.

At the evening meeting, Council Member Dan Ward sponsored a resolution that requests the downsizing of the project and addresses the noise and store-hours concerns.

It also declared a moratorium on any development of the subject premises until the proposed "Stream Control Local Law" is adopted. Attorney Tom Jones said a moratorium requires a local law and public hearing process before it can go into effect.

The resolution passed 4-3, with Ward, Mohan and council members Deborah Bruch Bucki and Shelly Schratz supporting it. Prior to the vote, debates between Schratz and Ward became heated as Ward accused board members of not being honest in what they could do to help residents.

Ward also said the portion of the town in question wasn't being given the same consideration as North Amherst, where the board voted to downzone a parcel, thwarting a proposed Wal-Mart development.

Many of the issues with zoning deal with the Comprehensive Master Plan, which called for the rezoning of portions of Millersport. There was not a recom- mendation for changing the Sheridan Drive parcel.

Many board members vowed to do what they could about the Sheridan Drive proposal.

"Eggertsville needs immediate attention, and I don't think that this location can handle a store that size," Schratz said.

One of the ways the Town Board plans to understand the effects of such a project is to ask for an environmental quality review, as proposed in a resolution by Council Member Bill Kindel.

Kindel had requested that the review be done by town-appointed consultants, but state law allows the developer to prepare the document. In this case the lead agency would have to make a positive declaration to request the review. That would either be the ZBA or Planning Board.

Should a positive declaration be declared, and Wal-Mart chooses not to do the review, then the town can appoint consultants and relay the cost of the study to Wal- Mart.

Gillert said all those steps will play out when the ZBA and Planning Board meet and make their decisions.

Ten residents addressed the board at Monday's meeting, seeking assistance in their fight to stop the Super Wal-Mart in its proposed format.

Many speakers told the board that developments should have a positive impact on the community, but this structure would have a negative effect.

Anyone seeking more information about the residents' concerns can e-mail the group stopamherstsprawl@yahoo.com.