Smart Growth in Town of Hamburg
Donation protected
We are working for Smart Growth in the Town of Hamburg and in opposition to a project proposed by Glenn Wetzl for a parcel located at the intersection of McKinley Parkway and Boston State Road. Mr. Wetzl's re-zoning application was approved in December 2015.
The Project is for a patio home subdivision of 45 homes. In order to proceed, this Project required approval from the Town Board to rezone the parcel from its current zoning, RA (Residential Agricultural), to PRD (Planned Residential Development). The parcel’s zoning prior to Mr. Wetzl's application approval allowed homes on lots of 2 acres or more. For the full 29-acre lot, that is a maximum of 14 homes. The proposed development is over 3 times that number. The density of homes in the Project is 1 home for every 0.64 acres (29 acres/45 homes). Development consistent with the prior RA zoning would be approximately 1 home for every 2.1 acres (29 acres/14 homes). The Project only re-zoned a subset of the property (24.48 acres), which is located on the center of the parcel, effectively rendering the remainder of the parcel undevelopable. With this smaller area of rezoning, the Proposal has a density of 1 home for every 0.54 acres (24.48 acres/45 homes) compared to the allowable development of approximately 12 homes under the prior RA zoning.
The Town of Hamburg Board voted to rezone the parcel in December 2015. We have filed an Article 78 Petition to Challenge the decision of the Town Board. The petition filed with the State of New York Supreme Court asserts that the Town failed to follow the procedural and substantive requirements of the State Environmental Quality Review Act, violated Section 264 of the Town Law that requires adequate notice to the public prior to rezoning, and violated Section 263 of the Town Law because the decision was not consistent with the Comprehensive Plan. These legal battles are costly and we are asking for your financial support. Many concerned individuals joined us by signing petitions last summer opposing the project - and we're asking you for any dontation to help us fight for fair process and smart growth in Hamburg.
We are headed to the New York State Supreme Court in April 2016 and will need to pay for legal services to support preparation for that hearing and any future Court appearances.
The comprehensive plan for the Town of Hamburg makes specific recommendations for the area between McKinley Parkway and the Town of Orchard Park with regard to aesthetics and development. Specifically, it considers this area to be one of the gateway entrances to the Town of Hamburg and states that this is an area “where aesthetic changes should be made to enhance or preserve visual quality.” The proposed Project does not enhance or preserve the existing aesthetics or view shed. With 45 clustered homes on the site, the land becomes a relatively dense residential area. A proposal consistent with the comprehensive plan with only 14 homes spread throughout the full parcel would be similar to the other properties along Boston State Road and Newton Road between McKinley Parkway and the Town of Orchard Park. A proposal of only 14 homes would also be consistent with the residential-agricultural nature of this area.
The comprehensive plan also makes the recommendation that the “rural character of this area should be maintained as development continues, with higher standards for subdivision design. Connectivity is also important (avoid extensive cul-de-sac development).” As noted previously, the proposed development would NOT be consistent with the rural character and existing zoning of the area and uses a cul-de-sac design rather than a more connected layout.
Please contact us via our facebook page for more information: https://www.facebook.com/HamburgSmartGrowth
The Project is for a patio home subdivision of 45 homes. In order to proceed, this Project required approval from the Town Board to rezone the parcel from its current zoning, RA (Residential Agricultural), to PRD (Planned Residential Development). The parcel’s zoning prior to Mr. Wetzl's application approval allowed homes on lots of 2 acres or more. For the full 29-acre lot, that is a maximum of 14 homes. The proposed development is over 3 times that number. The density of homes in the Project is 1 home for every 0.64 acres (29 acres/45 homes). Development consistent with the prior RA zoning would be approximately 1 home for every 2.1 acres (29 acres/14 homes). The Project only re-zoned a subset of the property (24.48 acres), which is located on the center of the parcel, effectively rendering the remainder of the parcel undevelopable. With this smaller area of rezoning, the Proposal has a density of 1 home for every 0.54 acres (24.48 acres/45 homes) compared to the allowable development of approximately 12 homes under the prior RA zoning.
The Town of Hamburg Board voted to rezone the parcel in December 2015. We have filed an Article 78 Petition to Challenge the decision of the Town Board. The petition filed with the State of New York Supreme Court asserts that the Town failed to follow the procedural and substantive requirements of the State Environmental Quality Review Act, violated Section 264 of the Town Law that requires adequate notice to the public prior to rezoning, and violated Section 263 of the Town Law because the decision was not consistent with the Comprehensive Plan. These legal battles are costly and we are asking for your financial support. Many concerned individuals joined us by signing petitions last summer opposing the project - and we're asking you for any dontation to help us fight for fair process and smart growth in Hamburg.
We are headed to the New York State Supreme Court in April 2016 and will need to pay for legal services to support preparation for that hearing and any future Court appearances.
The comprehensive plan for the Town of Hamburg makes specific recommendations for the area between McKinley Parkway and the Town of Orchard Park with regard to aesthetics and development. Specifically, it considers this area to be one of the gateway entrances to the Town of Hamburg and states that this is an area “where aesthetic changes should be made to enhance or preserve visual quality.” The proposed Project does not enhance or preserve the existing aesthetics or view shed. With 45 clustered homes on the site, the land becomes a relatively dense residential area. A proposal consistent with the comprehensive plan with only 14 homes spread throughout the full parcel would be similar to the other properties along Boston State Road and Newton Road between McKinley Parkway and the Town of Orchard Park. A proposal of only 14 homes would also be consistent with the residential-agricultural nature of this area.
The comprehensive plan also makes the recommendation that the “rural character of this area should be maintained as development continues, with higher standards for subdivision design. Connectivity is also important (avoid extensive cul-de-sac development).” As noted previously, the proposed development would NOT be consistent with the rural character and existing zoning of the area and uses a cul-de-sac design rather than a more connected layout.
Please contact us via our facebook page for more information: https://www.facebook.com/HamburgSmartGrowth
Organizer and beneficiary
Kaitlin McCormick
Organizer
Hamburg, NY
Michelle Claus
Beneficiary
