Proposed change to zoning code too late for Town Centre petitioners
by JESSICA L. FINCH Associate Editor

The Town of Amherst Planning Department is addressing some old zoning issues.

(See editorial on page four)

A public hearing, held at the April 7 meeting, remains open as procedural changes need to be made to the proposal, with a vote expected at the April 21 meeting.

Assistant Planning Director Gary Black presented two proposed changes during the meeting, one that addresses a loophole developers use to avoid a supermajority vote when seeking a rezoning.

Currently, New York State Law says that if 20 percent of adjacent landowners, including those across a right of way, petition against a development, then rezoning approval requires a supermajority vote: for the Amherst Town Board that would be six votes in favor.

But a loophole allows developers to get around that rule by basically making themselves the adjacent landowner. They move the proposed development farther into the land being reviewed for rezoning, placing a buffer between them and the petitioner.

Such was the case with the proposed Town Centre project. Benderson Development Corp. put a 4.5-acre linear park in front of the project, thus voiding the petition by homeowners on the other side of Maple Road. That park will remain CF-Community Facilities, not subject to a rezoning vote, and the portion sought to be rezoned is now not subject to a supermajority vote.

Black said the proposed changes to the Town Code add to the state law, which has been followed for at the least the 20 years he has been with the town.

"It was being reviewed prior to the Maple Road project," he said.

He added that all projects currently being processed by the town are grandfathered in.

During the April 7 public hearing presentation, Black said it was a lengthy process to find a fair compromise to change the current code.

Using the Town Centre as an example, Benderson moved the project back 100 feet from Maple Road, placing the linear park between the roadway and the front of the project. Under the proposed change, the project would have to be moved back an additional 100 feet, thus placing it 200 feet from the roadway.

"The proposed change creates a penalty for developers that move the zoning line in," Black said.

For some proposals, that could result in a smaller development if 200 feet of land is "lost." Black said under current law, developers use it as a tactic to avoid supermajority.

Canterbury Woods resident George Richmond said it was about time for the change.

"This law corrects a longstanding abuse of rezoning," he said, adding that the current law allows "carving out" of property.

He said many developers have left "chunks of land" undeveloped, leaving people to question why it was zoned the way it was.

Richmond was one of three residents to speak, all of who cited the Maple Road project as the exact issue with the current zoning code.

"This has been here before and it doesn't go nearly far enough," Council Member Dan Ward said about the proposed change.

Council Member Mark Manna agreed, saying the loopholes are used as escape hatches and with just three votes from the Zoning Board of Appeals, a developer can receive a variance.

"It's baby steps; we need to push for stronger (laws) until we close this giant loophole," he said.

The board is expected to vote on the proposed change on Monday, April 21, the same meeting that it is supposed to vote on the rezoning request for the Town Centre project.

The other zoning change reviewed is to require a second exit/entrance for dead end streets and cul-de-sacs that are 800 feet or longer. The issue had been considered a safety problem.