Rensch Road rezoning approved - again
by JESSICA L. FINCH Associate Editor

If the vote taken by the Amherst Town Board stays, these houses on Rensch Road will be sold to GMH Communities, demolished and replaced with a student housing facility. Owners of 13 parcels on the road want the vote to remain unchanged. Photo by Jim Smerecak Purchase color photos at www.BeeNews.com

Can GMH Communities and the residents on Rensch Road finally move forward?

That is the question many hope will be answered now that the Amherst Town Board has voted once again, this time 6-1, to rezone 13 parcels on the road.

"We'll start looking again," Sharon Schlegel said about house hunting with her husband, Bill.

The two already lost a house that was sold while they waited for a decision in what has become a complex matter.

The vote, which took place Monday, rezoned the 13 parcels, from 3995-4145 Rensch Road, from RD-Research Development to MFR-6-Multi-Family Residential.

GMH proposed a $40-50 million 237-unit student housing project on 22.65 acres of space nine months ago. Since that time, seven public hearings have been held, the Town Board approved the rezoning, the University of Buffalo filed a claim, the rezoning was rescinded and the process was restarted.

Representatives from all sides of the project spoke for four hours during Monday's meeting. Just before midnight the Town Board took the vote. Council Member Deborah Bruch Bucki cast the no vote.

Several representatives for College Park Communities, which would run the student housing project, spoke about the project. GMH owns 77 student housing properties around the country and manages 17 student housing properties owned by private investors.

Ronald J. Nestor, vice president of development, addressed safety concerns related to these types of projects. He said security positions would be offered to off-duty Amherst police officers.

Sean Hopkins, of Hopkins, Garas & Sorgi, PLLC, has been representing GMH and said the demand for off-campus student housing is the drive for this project.

"There is truly a desperate need for off-campus housing," Hopkins said, adding that 26 percent of students live on campus.

A voice almost as strong as the petitioner's was the University at Buffalo's. Lawyers from Hodgson Russ LLP, under the direction of Daniel A. Spitzer, lined up at the podium stating that the procedure was once again improperly filed.

One of the hangups in this request was that the Town's Comprehensive Master Plan needed to be amended to allow the rezoning. The master plan was adopted in January 2007.

"Take the time to do it right," said Spitzer, speaking on behalf of UB. "There is a right way to do off-campus housing, and this is not it."

A team of lawyers and administrators from UB spoke against GMH and its reputation. They also blasted some racy ad campaigns they said the company used five years ago.

During Spitzer's allotted five minutes Council Member Dan Ward refuted some of the statements.

"This is a land use issue, not a moral issue," he said.

Hodgson Russ was hired in May by UB to represent them in this case.

"At this point we are reviewing the record of what happened. No decisions have been made about how to proceed," Spitzer said Tuesday.

UB Professor Robert G. Shibley, director for urban design/architecture and executive vice president for University Support Services, said the university was concerned about the Sweet Home Road corridor today and 30 years from now.

"We need to have a working relationship," he said about UB and the town. "We need to pull together for the whole quality of the corridor ... and we haven't had that conversation yet."

He said an RD zoning on Rensch Road works well with expansion plans. In addition to the town's master plan, UB has launched its 2020 plan.

But the residents on Rensch Road don't agree.

Some have been "stuck" for 30 years with an RD zoning that makes it difficult to sell their homes. They returned for yet another public hearing, asking the board to help them with a problem they didn't create.

Jeff Brooks of Rensch Road wants to know why the university is so concerned with the 22 acres in question, which represents about 2 percent of UB's property.

In the past three decades very few projects have taken place on Rensch Road. One includes a large barn used by UB.

The residents say they have been waiting for the opportunity offered by GMH and want to sell their homes. Daniel Hull of Rensch Road accused UB of acting childish.

"You don't want the land, but don't want anyone else to have it either. For 30 years it has been R and D, and you have ignored us," he said.

Mark Kellam found himself with two homes after the Town Board approved the rezoning the first time in March. He is hoping this time he can sell his first house to GMH and move forward with his life.

"UB is flexing its political muscle. It should be what the town and residents want," he said. "Several months ago (the board) thought this was good for the community. This is a reality in my world. Don't let UB run the community."

He added that the situation has the potential to be financially devastating to homeowners.

One Rensch Road resident has voiced opposition to the rezoning.

Site plan approval and special use permits still need to be approved for the project to move forward.

In addition to approving the rezoning, the board also voted 6-1 to issue a negative declaration on environmental impact and the same vote to amend the Master Plan.

Supervisor Satish Mohan said it was a good project for the town and good use of that land.