Site plan for Sheridan Drive Wal-Mart approved
Lawsuit already in place
by JESSICA L. FINCH Associate Editor

A Wal-Mart may have finally made it through the red tape in Amherst.

The site plan for a proposed 184,914-square-foot Wal-Mart Supercenter at 3232, 3240 and 3242-3288 Sheridan Drive and a portion of 700 Sweet Home Road was approved 5-2 by the Amherst Planning Board on Thursday.

Planning Board Chairman Catherine Weiss said the current traffic problems at North Bailey Avenue and Sheridan Drive was not a reason to deny the proposal.

"Traffic is terrible. A big traffic study was done but you didn't need that to know it's horrendous," she said, adding that the problem is common throughout town.

For Weiss, the need to redevelop vacant space is the reason she voted in favor of it.

"Obviously, it's a very commercial site. Something needed to happen there, and I thought (Wal-Mart) was appropriate," she said.

The site, a former Ames and DWS shoe store, has been vacant about a decade.

Wal-Mart's storefront will be on Sheridan Drive. Weiss said the company plans to build a more attractive roof line, steering away from the "big box" design.

The Zoning Board of Appeals had approved a variance to allow the loading docks to be on the side of the building, moving them away from a residential area.

A variance for using an adjacent lot for parking was denied.

Weiss said, in addition to moving the docks, Wal-Mart had tried to accommodate the neighbors, offering money for landscaping and holding information meetings.

Based on Weiss' comments, it appears those for and against Wal-Mart see the same issues.

Frank Pasztor, president of the Hartford/North Bailey Homeowners Association, agrees the parcel shouldn't remain vacant, but he dislikes the planned use.

"The fact is, we aren't against development. It would be better to have stores there than have it be empty, but it's the size of the project and that it's a 24-hour operation. It's just too big for that site," he said.

The association feels so strongly that it has filed an Article 78 action against the Town of Amherst, the Zoning Board of Appeals, Wal-Mart Stores Inc. and Benderson Development Co. claiming a full environmental review should be done on the site.

Pasztor said the town misinterpreted the environmental requirements when it labeled the parcel an unlisted action - meaning it had to undergo only the minimal level of environmental review. The lawsuit is seeking a Type 1 action label, requiring further study.

"We want a full EIS (environmental impact study) done," he said.

An EIS reviews several environmental issues, including noise, traffic and pollution.

Pasztor added that the main issue for residents is the traffic. Two studies, one by Benderson engineers and another by a company appointed by the town, were done on the traffic patterns.

The studies indicated that although there is a lot of traffic in that section of town, the roadways would be able to handle the increased traffic with mitigations - including a light at Augusta Drive and Sheridan.

"The existing site is empty. It's going to go from no traffic to more than 500 vehicles per hour," Pasztor said, adding that the area was labeled as the "worst possible condition" for level of service in regards to traffic.

The lawsuit was filed on Nov. 8, and a ruling has not been announced. Pasztor said he was not aware of a possible date.

Planning Director Rick Gillert said the next step for the developer is to request building permits. The land was already properly zoned, and therefore, the Amherst Town Board did not have a say in the project.