Category “Zoning”

BIG changes coming to the Town of Amherst!

Really?

The Work Session for the July 6th Regular Town Board meeting at 4 pm could prove “interesting”!

Agenda: http://amherstny.iqm2.com/citizens/FileOpen.aspx?Type=14&ID=2678&Inline=True


The full agendas for both July 6th Town Board meetings are now posted on the Town of Amherst meeting portal, and both are blockbusters!

The following are the resolutions that are the most concerning since they involve the selling or purchasing or swapping of very $$$ land namely the Town of Amherst land at the Audubon Recreational Complex and Mensch Capital Partners land at the former Westwood Country Club.

July 6th Regular Town Board meeting at 5 pm
http://amherstny.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3778

2020-572   Creation of Amherst Central Park Guidance Task Force

2020-576   Statute of Limitations Tolling Agreement (CRS #2103) Between Mensch Capital Partners, LLC an the Town of Amherst

2020-577   Contract of Sale (CRS #2105) Between The Uniland Partnership of Delaware, L.P. and the Town of Amherst

2020-578   Purchase and Sale Agreement Between Town of Amherst and Bones & Guts, LLC(CRS #2107) Portion of 500 Maple Road

2020-579   Memorandum of Understanding (MOU) (CRS #2108) Between Mensch Capital Partners, LLC, Bones & Guts, LLC and the Town of Amherst

July 6th Special Town Board meeting at 6 pm
http://amherstny.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3747

2020-567  500 Maple Road Rezoning


There are many more “normal” resolutions in these two Town Board meeting, but the passage of those listed above will fundamentally change the nature of what we call the Town of Amherst for years, if not decades to come.

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July 2020 Reminder Notes

On Thursday, July 2, 2020 the Town Board agendas for the next two Town Board meetings, both on Monday, July 6, 2020, will be posted on the Town of Amherst Meeting Portal website.

Link: http://amherstny.iqm2.com/citizens/

The work session starts at 4 pm, TB meeting 1 at 5 pm, and TB meetings 2 at 6 pm. That is quite an ambitious time schedule given the topics being discussed. Apparently they are planning on little or no discussions.

We recommend you look at both agendas, and for anything like “MOU“, or “Audubon“, or “Mensch” or “Westwood“.

If you view the YouTube video posted on the Supervisor’s re-election Facebook page you see why the July 6th Town Board meeting is important to you. It is when the Town Board will decide on a whether to approve a Memorandum of Understanding (MOU) between Mensch Capital Partners and the Town of Amherst on the land swap of a portion of the Audubon Recreational Complex (ARC) and Westwood.

We really have no idea what the Supervisor and his people are doing behind virtual/real closed doors with Mensch, but we MAY get a small glimpse of what they are willing to let the public know in the July 6th Town Board agenda.

Remember the Town Board currently says they are constrained to complete this MOU by July 10th, or Town Hall will become a pumpkin patch. But don’t hold your breath, they moved the goal posts before and they can do it again using their infamous use of the “Suspension of the Rules” to hide agenda items.

Resolution 2020-570: http://amherstny.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=3744&MediaPosition=&ID=22067&CssClass=

What else is happening at the July 6th Special Town Board meeting (the second one that day)? The Town Board votes on the UBMD/Ciminelli rezoning of 14.97 acres at Audubon to allow private development there, a key element to the larger plan for something similar with Mensch for the remaining portion of the 93 acres the town originally alienated.

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SPECIAL Planning Board Meeting Thursday, June 25th at 6:30 PM

 

UPDATE June 25th:    Apparently the rezoning vote on June 18th will stand. A procedural problem with a previous Z-2020-04 vote on April 23rd requires another vote to rescind that action at the next Planning Board meeting on Aug 20th.


This is a rather unusual situation since the Planning Board met just last week. What’s going on here?

Agenda: http://amherstny.iqm2.com/citizens/FileOpen.aspx?Type=14&ID=2676&Inline=True

The Minutes of June 18th Planning Board haven’t yet been finalized, and somehow a Special Planning Board meeting has been scheduled in less than a week to reconsider a rezoning request that was unanimously voted down at that meeting.

REQUEST TO REZONE 0.39± ACRES FROM R-3 TO OB,
Z-2020-04 Property located at 21 Klein Road (835 Hopkins Road)
RJK Buffalo Properties LLC, Petitioner

Call-In Instructions: 1-646-558-8656
Meeting ID: 842 7493 5505
Password: 743990

For those who would like to see something different and educational, this is the meeting for you.

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FOUR Town Board Meetings in June

Amherst Municipal Building
5583 Main Street Williamsville, NY 14221

There are FOUR Town Board meetings scheduled for this June where TWO are additional SPECIAL meetings for work that apparently need to be handled right away. A very BUSY month for the Town Board councilmembers indeed!

We anticipate that there will be NO public participation at the TWO REGULAR Town Board meeting listed below (i.e., IF no public hearings).

1. Monday, June 8, 2020 at 4 pm (4:30 pm) — Work Session at 4 pm   (Updated June 3)
2. Monday, June 22, 2020  at 4 pm

The other TWO SPECIAL Town Board meetings appear to involve a “virtual public hearing” of some kind.

3. Monday, June 15, 2020 at 4 pm

” … substantial amendments to the 2018 and 2020 Annual Plans regarding the use of the CDBG-CV funds and previously determined programming, and to revise the Citizen Participation Plan allowing for virtual public hearings.”

4. Monday, June 22, 2020  at 6:30 pm

 ” … public hearings regarding the pending request to amend the zoning classification of 14.97 acres of 500 Maple Road (“Project Site”) from RC to CF and to amend the Comprehensive Plan to accommodate the proposed UBMD project.”

These Town Board meetings are listed on the Town website.

http://amherstny.iqm2.com/citizens/

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Planning Board Meeting Thursday May 21st

Source: Z-2020-05_500 Maple Rd_052120_Drawings

Just a reminder that the Planning Board will hold five PUBLIC HEARINGS this Thursday May 21st at 6:30 pm via Zoom video conferencing.

Agenda: http://amherstny.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=2635&Inline=True

The last two public hearings concern the preparation of 14.97 acres of the Audubon recreational area for sale to a private owner. The fourth public hearing is to discuss if the Comprehensive Plan should be amended to allow this rezoning (RC to CF).  Expect a quick positive vote with little discussion so they can move on to the main event of the evening, the rezoning request.

The fifth and final public hearing is to discuss the rezoning of a portion of 500 Maple Rd (Audubon) by Audubon Park MOB LLC, petitioner. Also expect a rather quick positive vote with little discussion. The deal to get a UBMD facility built on this parcel has been in the works for months. Over a year ago the town’s started the process to request that the State grant the alienation 93 acres of Audubon property in anticipation of selling some or all of it.

Comments (1)

He feels the NEED… the NEED for SPEED…

Source: Z-2020-05_500 Maple Rd_052120_Drawings

The agenda of the May 21st Planning Board meeting contains two public hearings related to the 500 Maple Rd rezoning that must be held quickly in order for the Supervisor to get his Audubon parkland alienation/UBMD/Westwood/Ciminelli/500 Maple Rd rezoning deal done on time.  But the clock is ticking, TICK, TICK, TICK!

How much time remains to get this deal done you might ask. The short answer is apparently 9 months after Oct 3, 2019. The Governor signed Senate Bill S6285A into law for the Audubon parkland alienation on Oct 3, 2019.


For those who want the messy details, let’s start with Town Board Resolution 2019-617 of May 20, 2019 which states at one point that …

BE IT FURTHER RESOLVED, that a signed MOU for the Town’s question of  Westwood must be in place within 9 months or the Town Board directs the Town Attorney to re-designate the Audubon property as inalienable parkland,  and

Resolution 2019-617:  https://amherstny.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=20469

But it wasn’t until Aug 19, 2019 when Resolution 2019-990 was adopted that the unsigned MOU (Memorandum of Understanding) first appeared in public. This MOU contained a 9 month “Exclusivity” clause between the Town of Amherst and Bones&Guts, LLC, a legal entity insulating other involved parties.

Resolution 2019-990:  http://amherstny.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=20882&highlightTerms=2019-990

Will the Town of Amherst hold true to it’s promise of a 9 month window to get this deal done?  The answer is  … MAYBE, it all depends how much we trust our Town Board to act with honesty and integrity.

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Planning Board Meeting May 21th

The Amherst Planning Board will meet via Zoom video conferencing on Thursday May 21th at 6:30 pm. The Planning Board “public work session” is 30 minutes earlier at 6 pm.

According to the agenda the public will be allowed to participate this time.  At the last Planning Board meeting on April 23rd the public was not allowed to speak at any of the public hearings.

Agenda : http://amherstny.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=2635&Inline=True

There are 5 PUBLIC HEARINGS on the agenda (2) for SITE PLANS (1) for SUBDIVISIONS and (2) for REZONING/BICENTENNIAL PLAN CHANGES. These last two (4 and 5) are by far the most widely concerning to all Amherst residents.

Property located at 500 Maple Road (portion)
Audubon Park MOB LLC, Petitioner

This is the comp plan/rezoning portion of the “UBMD deal” the Supervisor has been putting together. It started with the alienation of 14.97 acres of the Audubon recreational area by New York State. Where it ends is as yet a mystery. More details soon!

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One Million Trees or Tree Hypocrite?

Supervisor Kulpa’s Plant One Million Trees initiative is a laudable goal and has won accolades around town. However, this effort is poised to be undermined before tree one is planted by the Town Board appointees on the ZONING BOARD OF APPEALS at their meeting on Tuesday night.

Northtown Automotive continues to land grab any available space near its ever expanding Sheridan Drive sea of asphalt. Recently, Northtown paved over its newly acquired properties located at 3890-3930 Sheridan Drive & 621 Getzville Road from its frontage on Sheridan Drive all the way back to the 290. The completed project was required, under zoning code 7-2-4 (A) & 7-2 4(A)(2), to have installed landscaped screening on the parcels northern edges. In typical arrogant-developer manner, Northtown ignored the landscaping requirements and, when called on their non-compliance by the town landscape architect, they filed an after-the-fact variance request to retroactively approve their bad behavior ignoring the tree planting requirements.

It would clearly be the height of hypocrisy if the Kulpa appointed ZBA approves this outrageous request and lets Northtown skate on meeting basic landscaping requirement in place for all projects.

Hey, Northown, we are not only Not coming there first, we’re not coming there at all unless you start acting like a good neighbor. Plant the trees as required and rescind the variance request.

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Town Board Meeting MONDAY

Here’s a quick summary of Town Board agenda items for this coming Monday’s meeting that we find the most intriguing (in no particular order):

Boulevard Mall Rezone – At the Town Board’s 4:00pm work session, the Planning Department will present the revised zoning for this 64-acre site. The Boulevard Mall’s current owner is expected to pursue redevelopment of the site as a mixed-use town center to include retail, office space and housing. This is the residents’ first glimpse of the town’s major rework of commercial zoning code and sure to be a blockbuster—zoning code tailor-made to the developers’ wishes.

At the Town Board’s 7:00pm regular meeting, there is a Deed Restriction Removal Request on Park Club Lane (behind the Walker Center). The standard MO developers employ in Amherst when confronted with neighborhood opposition to their projects is to offer a deed restriction to appease residents in the short term to quell unrest. (A deed restriction is an additional layer of restrictions on land use beyond the zoning code.) Then, after the passage of time, the same developer and the town together, remove the deed restriction and move forward with what the developer initially wanted. This has happened repeatedly in the past. And, now, here we are again with one on Park Club Lane. Typically the deed restriction relates to height. That’s what happening here. The powers that be either make a deal with the neighbors or they don’t. This is another major renege.

NYSDOTthe last agenda item is a notice from DOT designating Main Street, from Bailey Avenue to the 290 as a restricted highway effective immediately. There are no details on this at all but the designation means that a major construction or reconstruction activity is set to begin shortly. This is a huge heads up to all of Eggertsville and Snyder.

The Amherst Town Board meets this Monday, February 24, 2020, at 4:00pm for their work session and again at 7:00pm for their regular meeting. Both the work session and regular meeting are open to the public.

Town Board meetings are held in the Amherst Municipal Building located at 5583 Main Street Williamsville, NY 14221.

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