#Residential Disputes
Target:
Town of Amherst Planning Dept
Region:
United States of America
Website:
pawaamherst.weebly.com

We are against the proposed developments at 4300 Millersport and 800 New Road in their current incarnations. Good development, that suits the characteristics of the land and nature of the surrounding neighborhood, is important for Amherst, however these proposed developments do neither.

There are multiple serious issues with the proposed developments:

1. The proposed development is 25x as dense as the surrounding area.

The proposed development will add 122 residences on 22 acres (6 units per acre). The surrounding neighborhood has 35 residences on 125 acres (0.25 units per acre). This will result in additional traffic and noise pollution.

North Amherst has a unique rural neighborhood feel. In 2021 the Town of Amherst proposed new zoning rules specifically to take this atmosphere into account.

2. These wetlands are critical to our raptor, insect, and amphibian populations.

The developer is pushing to develop this property before the federal wetlands on the property are resurveyed by the state DEC and claimed as state wetlands.

In addition, the wetland survey being used is over five years old, and is inaccurate. The water table in this area fluctuates by as much as four feet from February to September.

The current wetland survey inadequately accounts for the seasonality of the Federal Wetlands on the property. Those wetlands are devoid of water for 1/3rd of the year, however currently there are large areas surveyed as non-wetland that are under 8 inches of water or more.

The State DEC has notified the property owner and adjacent property owners of their interest in claiming jurisdiction of the existing federal wetlands at a later date. The Town should properly steward these wetlands until the state can step in.

There is no buffer around the wetland area. Runoff from landscaping and other activities will directly impact the quality of the wetland area, harming insect, amphibian, and avian wildlife.

Abandoned autos on the property have been leaking chemicals and flaking paint and rust into the soil for years. All autos should be removed, all contaminated soil should be removed, and appropriate testing should be done before the area is disturbed.

The area currently has limited local light pollution, with the predominant nighttime light sources being the Crosspoint business park and Transit Road in Niagara County. There are no streetlights in the area, and limited outdoor lighting.

3. This property is an important agricultural resource for town residents.

The amount of viable agricultural property in the Town of Amherstis dwindling. In the age of food scarcity and inflation, resources like 4300 Millersport should be preserved for future generations.

This property was agricultural land for a long time, and has now become an important wildlife habitat. The Town's renewed commitment to agriculture should be reflected in any development that takes place on the property.

4. The storm drains on New Road and Smith Road are overloaded.

The proposed drainage plan does not properly account for the fact that the water table is regularly above ground level in the area. Even with the storm drain updates that the county did in 2022, the storm drains are still completely saturated much of the year, overflowing onto residents' lawns and providing a habitat for mosquitoes and rats. The property at 4300 Millersport is an important stormwater reservoir for the surrounding floodplain.

The planned retention ponds will be insufficient when the water table is at or above ground level. How are you going to pump storm water out if the water table is at ground level? Where is that water going to go?

This property holds 100,000 cubic YARDs of water during storms. If you raise the property by one foot, that 100,000 cubic yards of water is going to be pushed onto neighboring properties.

5. Putting a sewer system in under the proposed plan will result in future overflows.

The complex sewer plan involves transporting the water for over 150 residents over 600 feet in a 4" pipe, tapping into a system that is already overloaded in some areas, and with additional sewer load planned. The combination of flood plain, wetlands, inadequate rainwater drainage, and complex sewer system do not make for an appropriate long term solution.

The Town of Amherst must address these issues with the developer:

1. Work with the State Department of Environmental Conservation to ensure that the wetlands are adequately protected for future residents, despite the current lack of jurisdiction. An additional, independent, survey should take place during the wet season, to adequately assess the extent of the wetlands.

2. Introduce a 100' buffer zone around the wetland area and existing residences to limit the impact of runoff. The buffer zone should be appropriately landscaped to shield light and noise from the existing residents.

3. Require that the lighting plan for the proposed development not impact the evening and nighttime light levels for nearby properties.

4.. Require that the drainage plan is amended to ensure that runoff does not impact the wetlands or current residents, and that seasonal/flood conditions are properly considered.

5. Require the sewer plan be more robust, and not rely on fair weather or luck to prevent overflows and backflows.

6. Not approve any plan that consists of more than two single family residences per buildable acre at the address, in order to not disrupt local traffic or the quietude of the current neighborhood.

6. Survey the abandoned vehicles on the property, and to appropriate mediation of the vehicles and soil.

7. If possible, find a way to incorporate this property into the Town's agricultural commitments for future generations.

We are calling on the Town of Amherst to act now to serve the concerns of North Amherst residents, work to develop a plan that "maintains the area’s overall rural character," and protect our wetlands which "are unique assets that contribute to Amherst’s overall economic, social, and environmental health."

We the undersigned,

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The Address Amherst Resident Concerns Regarding 4300 Millersport + 800 New Road Development petition to Town of Amherst Planning Dept was written by PAWA Amherst and is in the category Residential Disputes at GoPetition.