Board vote on Maple Road could be held until 2008
by JESSICA L. FINCH Associate Editor

When Town Assessor Harry Williams verified the legitimacy of a petition related to the Maple Road Town Centre development, the whole process changed.

A valid petition, with at least 20 percent of the surrounding property owners opposing the project in written form, pushes the approval into the super majority category, meaning six Town Board votes are needed to permit the rezoning.

The question has been, does the project have six votes? Five members of the current board - Supervisor Satish Mohan and council members Shelly Schratz, Michael McGuire, Bill Kindel and William A. O'Loughlin Jr. - have expressed support for the project, with Council Member Dan Ward expressing opposition.

That leaves Council Member Deborah Bruch Bucki, who acknowledged at Monday's board meeting that she knows she is viewed as a "swing vote."

"I don't know how I am going to vote until all the information is in," she said following Monday's nearly five-hour meeting.

A good portion of that time was used by residents speaking about the Maple Road multi-use development and the board members' views on the final environmental impact statement, most commonly known as FEIS.

When the board votes to accept a FEIS, it is accepting a document that states how the project would affect the environment.

The board voted 4-3 to table the decision on the FEIS until Dec. 17 to review members' concerns and those brought up by the residents.

But Bucki said that's not enough time for her to be ready to vote. She wants an independent traffic study done, which could take more than a month.

"I will be unable to vote in the affirmative without an independent traffic study," she said. "I want to be fair, I take my responsibility very seriously."

The recent traffic study on the Sheridan Drive and North Bailey Avenue area, site of the planned Wal-Mart, took six weeks, according to the town's Engineering Department.

Bucki said, 30 pages of the FEIS deal directly with traffic. Many of the residents who opposed the project said they were concerned the project would cause gridlock on Maple, making it another Niagara Falls Boulevard or Main Street.

Isabell and Richard Berger, who live across the street from the proposed project, both spoke against it on Monday.

"There has been quite a swell of interest and opposition to the project," Richard said, adding that further review should be done.

Isabell said she interpreted the town's Master Plan as protecting that area of town as residential. She also questioned the need for new commercial development.

"I took a tour around town and found a lot of vacant properties. Some old, some new, some have been vacant for years," she said, while her photos of vacant buildings were shown on the screen.

All of the photos she shared were of Benderson buildings, she said.

The board can accept the FEIS with four votes, but when it comes time to vote on the rezoning, six "yes" votes will be required.

Benderson Development Corp. is seeking a rezoning at 218 and 330 Maple Road. A 28-acre portion zoned Community Facilities CF is being proposed for rezoning to General Business GB. The other parcel, 5.2 acres, is CF and Residential-R3, and the request is for Multi-Family Residential District MFR-6.

The parcel was operated as the Buffalo Shooting Club, which involved another major factor for residents. The level of lead on the property has residents concerned, and they accused the developer of trying to cut corners.

But the developer said the land will be cleaned up to the highest standards, as determined by the state Department of Environmental Conservation.

Attorney Craig Slater of Harter, Secrest and Emery LLP has been hired by Benderson as an environmental consultant on the project. He said the land will be cleaned to residential standards, and not commercial, as rumored.

He said the difference between residential and commercial are vast. The third category is industrial.

"If you need another reason to vote for this great project, this is one of them," he said about fully excavating the site.

Bucki said she would also require that Benderson put the cleanup agreement in writing.

Eric Recoon, vice president of leasing development for Benderson, said the company has addressed the concerns in the FEIS and reiterated its answers before the public.

That includes changes to Maple Road for safer and better traffic flow. He also defended the Town Centre's appropriateness on the parcel, saying it keeps with the character of the area - which is surrounded by the University at Buffalo, the bike path, Pepsi Center and Audubon Golf Course. The section of Maple between Interstate 290 and Millersport has been developed with restaurants, hotels, stores and offices.

"Aesthetically it's an eyesore, and there is live ammunition. This project would be the first of its kind; it's very unique," he said.

Attorney Jeff Palumbo of Damon & Morey LLP, representing the developer, said the project is consistent with the town's Master Plan.

After the board voted to table the decision on the FEIS, he said several issues were raised and the developer will continue to address them.

The next work session is at 3 p.m. Monday, Dec. 10. The next regular meeting, when the board indicated it would revisit the issue, is at 7 p.m. Monday, Dec. 17. Both are at Town Hall, 5583 Main St., Williamsville.

Copies of the FEIS are available through the Planning Department and the council members' office.

Should the vote be pushed into next year there will be three new members. Mark Manna, Guy Marlette and Dr. Barry Weinstein. Kindel, McGuire and O'Loughlin are leaving the board.

For information on the Town of Amherst, visit online at www. amherst. ny. us.