Town restarts Rensch Road rezoning procedure
by JESSICA L. FINCH Associate Editor

Residents of Rensch Road told the Amherst Town Board on Monday that its lack of efficiency is costing them money.

When the board voted to rescind its vote to rezone 13 parcels on Rensch Road, following a lawsuit by the University at Buffalo last month, some of the residents found themselves with two homes. Others are at risk of losing homes they had bid, or planned to bid on.

Lester and Diane Busdiecker of 4035 Rensch Road have moved out of the house they have lived in for decades, and now have their names on two deeds.

Lester told the board that when considering a rezoning it should choose the best use and he thinks GMH Communities' proposal for student housing is the best.

"Please get back on track," he said during the suspension of rules.

He was joined by five other residents at the Town Board meeting who urged the board to make a decision as their lives were in limbo by the rescinding of the rezoning.

When the board approved the rezoning in March it paved the way for GMH to move towards site approval of a 858-bed student building.

Daniel Hull, owner of 4140 Rensch Road, said the project was a win/win for the town, for the students and even UB.

"Don't turn your backs on this world-class project," he said, adding that the dorm-like structure is safer than the apartments in which some students live in.

He recounted his own situation as a graduate student at UB where, not until there was a fire in the house he lived in, did he know he was in an illegal basement apartment. He was then evicted.

The board approved a resolution proposed by Council Member William A. O'Loughlin Jr. that would start an opportunity review of the rezoning request.

Because the Town Board adopted a town comprehensive master plan in January all changes must now go through a review process. The Town Board can do a fiveyear, annual or opportunity review.

According to Town Attorney Tom Jones the steps are as follows: the Erie County Planning Agency has 30 days to review the request (from the day it receives it), the Planning Board must hold another public hearing and make a recommendation, and the Town Board must hold another public hearing before making its decision.

"The difference this time, why it is legal, is because the Town Board is going through the process of amending the master plan," Jones said.

The 13 parcels on Rensch Road were returned to an RD, or research and development, zoning at the May 21 Town Board meeting. GMH, represented by Sean Hopkins of Hopkins, Garas & Sorgi, PLLC, is requesting a MFR-6, or multi-family residential district 6 zoning.

"It has been R&D for 30 years and clearly that experiment failed. There has been no interest in any of the parcels, at any price ... it's not realistic to think there will be in the future," Hopkins said.

He said there is concern that with too much delay the developer will drop the project, which is expected to bring in $500,000 in taxes a year.

"My client, GMH, will take millions of dollars elsewhere and the residents of Rensch Road will be left behind," he said.

Rick Gillert, planning director, said following Monday's meeting that his staff has started to prepare the steps within the process.

Following the vote to approve O'Loughlin's resolution, he said he thinks the action is enough to keep GMH interested in the project.

The process will take at least a month just for Erie County to make its recommendation.

The resolution was passed with a 5-1 vote.

Council Members Deborah Bruch Bucki and Bill Kindel voted no to the rezoning in March, which led to UB's lawsuit last month. When the board rescinded its vote the action stopped.

Supervisor Satish Mohan recused himself from the vote because he is awaiting a response from UB on the status of his leave of absence and whether he is a state employee.

"I do not want to repeat the mistake of last time until it is clear with the UB lawyer," he said about a review in ethics. Mohan was an engineering professor at UB.

Whether GMH or the Town Board takes the appropriate steps needed for the project, one resident said the process has been expensive.

Mark Kellam, of Rensch Road, said he had to do something for his family and purchased a home.

"I can't afford two homes, I hope something happens quickly," he said. "This has been financially devastating to us."

He added that UB said at its May 29 forum that it has no current plans for Rensch Road and he can't accept that.

"This did not happen from my own accord. It was put in my lap," he said. "Make this happen right away."

In other Town Board news, Town Engineer Jeff Burroughs said officials of the Wastewater Treatment Plant has been notified by the state Department of Health that the plant is at risk of losing its accreditation.

The plant is currently operating without an assistant chemist engineer, according to Monday's agenda.

In the event accreditation is lost the plant would have to send all samples for the state to an accredited lab, which costs more money and takes more time.

To date four people had been interviewed and one was recommended for the vacant position. No further information on a decision was available.

+ The board set a new public hearing date for extending lighting districts into Daisy Lane, Timber Cove, Willow Heights and Village Edge. By law the town must extend districts into new subdivisions.

The public hearing has been set for 7 p.m. Monday, July 2 at town hall.

The estimated cost to residents is as follows: Timber Cove, $249.17 annually; Daisy Lane, $260.50; Willow Heights, $184.30 and Village Edge, $107.35.