PETITION

File #: 2-2021-03

We, the undersigned property owners within the Town of Amherst, hereby file a protest to the proposed application for rezoning and development of a “portion of 520 Campbell Boulevard.”

This application was filed by Ciminelli Real Estate Corporation (“Ciminelli”), by and through their attorney, Sean W. Hopkins, Esq., to the Town of Amherst Planning Department on February 22, 2021.

BACKGROUND

The Property Ciminelli seeks to rezone and develop exists within the Preserve at Muir Woods in Amherst, New York. The Preserve at Muir Woods consists of a three-phase plan to build 133 single-family homes by the builder, Ryan Homes. Ryan Homes acquired these lots from Ciminelli. Ciminelli owns the land. The builder has sold all lots in phases 1 and 2 of the project and plans to begin selling phase 3 soon.

The builder provided each home buyer with the three-phase plan, consisting of 133 single family homes, as part of the contractual agreement to build their home. This plan was provided to each purchaser. This plan was a binding contractual agreement for the homeowners of the Preserve at Muir Woods.

Subsequently, after phases one and two were nearly complete, a sign was posted at Sierra Dr. and Campbell Blvd. stating “ZONING / DEVELOPMENT APPLICATION PENDING FOR INFORMATION CALL AMHERST PLANNING DEPT. 631-7051.” Many homeowners in the Preserve at Muir Woods called the Amherst Planning Department to inquire about this sign. We were told that there was an application to build an additional eight single family homes at the entrance to the neighborhood. For the following reasons, we, the petitioners, respectfully request that the application filed by Ciminelli on February 22, 2021 be denied by the Town of Amherst Planning Department.

REASONING

Ciminelli’s application should be denied for the following reasons:

1. The proposed application changes an essential character of the neighborhood, will negatively affect the neighborhood’s property values, and poses a threat to the health and safety of the neighborhood as it will increase neighborhood traffic and drain the community’s resources and infrastructure.

2. The proposed application constitutes a significant change to original contract (purchase agreement) and infrastructure of all homeowners at the Preserve at Muir Woods.

3. The proposed application changes the integrity of the entire property and is a drain on the infrastructure.

4. The proposed application will negatively impact the resale values of the already-built homes in the Preserve at Muir Woods. The long, private, green and quiet entrance to the neighborhood at Sierra Dr. and Campbell Blvd. is a major selling point for the neighborhood.

5. Without the long, private, green and quiet entrance to the neighborhood at Sierra Dr. and Campbell Blvd. some of the current homeowners may not have decided to purchase homes in the Preserve at Muir Woods, thus substantially altering their contract for their home purchase.

6. The proposed application is a burden on the school district and the neighborhoods overall infrastructure and resources.

7. The eight additional homes will significantly increase the traffic within the neighborhood, as well as make it imperative that the Town of Amherst spend additional funds to put in a traffic light at Sierra and Campbell. This is already a busy crossroad and the additional traffic caused by the proposed homes would make a traffic light essential. 

Therefore, the undersigned respectfully request that the application filed by Ciminelli on February 22, 2021 be denied by the Town of Amherst Planning Department.