Amherst’s Never Ending Story

Oct. 5, 2018

One of the ways our town lost money was in law suits. A case in point occurred on March 2017, the Town of Amherst wouldn’t rezone a parcel at 4400 North French road.

Amherst has another Board called the Zoning Board of Appeals which said yes to a developer’s group who wanted this land rezoned.

The Town sued our own ZBA for their actions towards this property. Then lo and be hold the developer sued the town for their action against the ZBA. Since all four of our town attorneys were selected from a list of 4 submitted by Jerry Schad, the town board chose all 4 of them from Mr. Schad’s list. Mr. Meyer, one of the four, left the group and started his own office.

The town lost the case against our ZBA. The town decided to take the case to a higher court. When the firm which represented our ZBA wasn’t paid for their work, they turned around and are now suing the town for non payment of fees.

 

2 Responses to “Amherst’s Never Ending Story”

  1. walt says:

    So what is new in regard to the Town delaying or not paying their bills? This has gone on for quite some time and has some vendors not bidding or performing tasks for the Town. The issue between the Town Board and the Zoning Board of Appeals boils down to the fact that legal counsel for the developer explored a viable option once the Town Board denied the rezoning. At the time of the denial, the Supervisor and some Board members may have some association with the owners of the apartment complex in the general vicinity of this property. They had made statements that the proposed development could possibly saturate the rental market, even though they have done several apartment type developments within the town. The issue in regard to negotiations between the Town and the proposed developer may have stalled due to the extended length of time it has taken to be granted approvals to proceed.

  2. Money Talks says:

    The issue is the ZBA reversed the denial of a rezoning by the Town Board by granting of a USE VARIANCE, something that is supposed to be VERY rare. In my opinion the members of the ZBA displayed very little understanding of how to test for the criteria of a USE VARIANCE, but instead relied on the attorney for the petitioner to do their thinking for them.

    We as residents of the Town of Amherst need to be protected from a ZBA more concerned about being sued by any well connected attorney than doing their job according to the law.

    All I want is an honest process, and in my opinion the ZBA failed to engage in one.

    -$$

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