Board admits Rensch Road rezoning was a mistake
by JESSICA L. FINCH Associate Editor

The Amherst Town Board has backed down following a lawsuit filed on May 16 by the University at Buffalo, in which UB claimed the board's March 19 vote to rezone parcels of Rensch Road was illegal.

UB filed the suit, an Article 78 action, to annul the rezoning and the special use permit for the student-housing project proposed by GMH Communities.

Town Attorney Tom Jones said his office was notified of the lawsuit on Wednesday and on Monday the board members voted on the matter, admitting they were wrong.

"The board is admitting it made a mistake," Jones said. "They are willing to back off from any further (court) proceedings and plan to work with UB."

The Town of Amherst was not the only defendant in the case. The developer, GMH Communities, and homeowners on Rensch Road were also named. Jones said the other parties will have to make their own decision in regard to the case.

The lawsuit came almost two months to the day after the controversial vote was taken. In all, 14 parcels on Rensch Road were rezoned from RD-Research Development to MFR-6 Multi Family Residential to make way for the proposed GMH Communities 835-student housing project. The vote was 5-2 with Council Members Bill Kindel and Deborah Bruch Bucki voting no.

During that meeting, Jones told the board it was his opinion that the rezonings would be illegal and should not take place.

"You have a matter before you now ... where the application is not consistent with that adopted master plan, which you are legally bound to follow," he said during that meeting.

The board proceeded, approving the rezonings.

By doing so the Town Board allowed for the selling of the 14 parcels of land to GMH from the residents. Many residents spoke in favor of the project, saying their homes were nonconforming with RD zoning and made it nearly impossible for them to sell. At press time it was unknown if any real estate transactions had taken place.

The Planning Board held a public hearing on May 17, which remains open, for the following properties: 3995, 4005, 4025, 4035, 4045, 4065, 4075, 4080, 4095, 4105, 4130, 4140 and 4145 Rensch Road. The item was adjourned with no action taken.

Marsha Henderson, vice president for external affairs at UB, commented on the Town Board's decision, "Part of our suit was pointing out to the Town Board the actions were incorrect and inappropriate. We are pleased they recognized that."

The rezonings were considered illegal because they did not follow the Town's Comprehensive Plan adopted in January.

"The bigger question that needs to be resolved is whether the town, as a whole, is getting the best outcome from the border areas around the university," Henderson said, adding that part of UB's concern in its plan for growth has been to better connect with the community.

Henderson questioned how UB would be able to move forward a good plan when the plan from the town is inconsistent.

"We can't plan against something that is inconsistent," she said.

Board members had ridiculed UB's pace in moving forward. Henderson responded that work has begun from UB's end and it has always been willing to work with the town.

"I wish it was done today, but it isn't; you have to have a little bit of patience," she said, adding that decisions shouldn't be made that can't be reversed.

"Fifty-year decisions are being made too casually and without adequate information and input from the university and Amherst residents," Henderson said at the time the suit was announced.

A representative for GMH statviolated ed, "We are reviewing the Town Board's decision and have no further comment at this time."

The vote taken Monday puts the project on hold while the Town Board makes a decision on further proceedings.

During the March 19 meeting, Council Member William A. O'Loughlin Jr. had asked the question, "If someone is going to sue us ... who is going to sue us?" after the board voted in favor of the rezonings.