On the evening of May 5th, at the Amherst Town Hall, an important vote is scheduled to be taken.  Our Town Board will vote whether or not to rezone the Maple Rd. Gun Club property, which is now owned by Benderson Development Company, to a GB zoning.  

This GB zoning would allow the Benderson Company to begin working on their new development.  I have seen the layout of their revised plans for the development.  It will have small boutique type stores, apartments, a hotel, restaurants, a food store, a community playhouse, a European type spa and possibly a movie house containing 6 or more theaters.

The majority of the public hasn’t seen Benderson’s revised plan and I strongly advocate the new plans be viewed by the public and explained by Mr. Todd Benderson.  He sees the development as a different type of land use which he wants to bring to Amherst.

Benderson is the man who has the answers most Amherst residents need to understand the development.  Why is Todd Benderson fighting so hard for this project to be realized?  The Benderson Company is a billion dollar company, so if you think it’s to add more money to the Company pot, you are partly right; but mostly it’s because Todd wants to change the negative feelings people have for the Benderson name.

Todd’s belief in this project is truly heartfelt.  He is aware there is strong opposition from the people who live in the area who believe that granting a GB rating on Maple Rd. near their homes will bring a flow of other developers wanting a piece of Maple Rd.  They fear their neighborhood will turn into another Niagara Falls Blvd. in a very short period of time.  They also fear increased traffic and problems for their property stemming from the Benderson Project.

The opposing groups have made huge blunders presenting their points of view to one another.  It may take longer but the most important thing yet to be done is that each side must offer clear, concise information concerning their stand for or against the project.

The home owners must open their ears and eyes to honestly see and hear Benderson’s ideas. The home owners must respond with more precise questions about their fears of what could happen in their neighborhood if the revised project comes to realization.

Both groups closing their eyes and ears to each other and the distrust both groups have towards each other is a hard stumbling block to overcome.

Issues

Saving America’s Jobs

I believe in the American Dream because I’m living it. The solutions to so many of our nation’s ills, from crime and poverty to dignified retirement and healthcare, can be found in good paying jobs.

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Supporting the Military

My Iraq position is simple - bring the troops home. It is time to shift the burden of Iraq off the military that won the war and onto the shoulders of the politicians in Washington and in Baghdad who must now negotiate the peace.

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Cleaning Up Washington

We really need to get the special interests out of politics - which is why I am pledging not to accept PAC money or lawyer and lobbyist money in this campaign, and why I have the independence to tell the truth.

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Supporting Local Farmers

Predatory trade is hurting family farms. New York’s farmers and growers are victims of the predatory trade policies of countries like China and our own government is not doing enough to protect fair and open markets.

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 Congressman Brian Higgins (NY-27) reacted to the New York State Thruway Authority’s vote to increase tolls by calling the move offensive and unnecessary.

“This unwarranted toll increase is a slap in the face to the hard-working residents of Western New York,” said Congressman Higgins, a member of the House of Representatives Transportation and Infrastructure Committee. 

“The Thruway Authority has created a fictional budget hole as a means to justify a toll increase that pads their already bloated bureaucratic pocketAccording to the audit recently released by New York State Comptroller Thomas DiNapoli, even by conservative measures, the Authority has underestimated federal aid by a minimum of $125 million for a 5-year budgetary perioComptroller DiNapoli’s audit finds, “between 1988 and 2007, the Authority received an average of $33.5 million a year in Federal highway funding. It therefore seems that the Authority’s projected average of $4.9 million a year in such funding is unreasonably low.” 

The audit further claims, “It would be reasonable for the Authority to estimate at least $30 million a year in Federal highway funding (this is consistent with the past average of $33.5 million a year).  Adjusted estimates in this manner would result in an additional $125.3 million being available…”  Congressman Higgins also noted that Thruway Authority promises to use toll revenues on Western New York road projects have not been met.  “Between 2007 and 2010 the Thruway Authority will fall over $200 million short on promised projects in the Thruway’s Buffalo Division, which covers Erie and Chautauqua Counties,” Higgins added.  “The Authority has used excuse after excuse to validate a 45% toll increase in just five years.  Actions taken by the Authority board today clearly demonstrate the need for reform that puts in place decision makers that are more receptive and accountable to the public they serve.” 

$130,000 in Federal Funding Supports Ownership, Rehab & Foreclosure Prevention Effort

Congressman Brian Higgins (NY-27), Black Rock Riverside Neighborhood Housing Services (NHS) Executive Director Linda Chiarenza and First Niagara WNY Regional President Daniel Cantara are pleased to announce efforts underway to promote home ownership, rehabilitation and foreclosure prevention in the Black Rock Riverside community with the support of $130,000 in federal aid.   

“The City of Buffalo’s beautiful older homes add to the character of our community but can sometimes become costly and difficult to maintain for struggling families,” said Congressman Brian Higgins, Co-Chair of the Congressional Older Cities Task Force.  “Through the great work of Black Rock Riverside NHS, homeowners are able to receive counseling, assistance and guidance on how to initiate and maintain homeownership.  With that support from Black Rock Riverside NHS and similar organizations throughout this region, block by block we are building stronger neighborhoods.” 

A $75,000 Federal Home Loan Bank grant available through the New York State Affordable Housing Corporation, the Black Rock Riverside (NHS) and their sponsoring institution, First Niagara Bank, will assist very low and low-income families to make necessary repairs to their homes which negatively affect their health, safety and general welfare.  This program will offer ten homeowners the opportunity to bring their homes up to federal Housing Quality Standards and make other repairs that will improve the quality of housing stock that is old and in need of repair. Homeowners will be required to work closely with the sponsor’s Rehab Specialist during the processes of reviewing the condition of the home, developing the scope of work to be completed, and the completion of repairs.  The participants will be selected by a lottery, pulled by Reverend Fred Jensen, from a large group of interested parties qualified for the program.      

The Federal Home Loan Bank of New York, a congressional chartered system created during the Great Depression in 1932, is one of several branches of the Federal Home Loan Bank system that lends low-cost funds to financial institutions for home mortgage, small business, and rural and agricultural loans.  Since 1990, through the Affordable Housing Program initiative, the FHLB has set aside 10% of its private earnings to support the creation and preservation of housing for lower income families and individuals.   

In addition to Federal Home Loan Bank funds, Black Rock Riverside NHS received $45,000 through their collaboration with West Side NHS, a chartered NeighborWorks ® America organization, to support their ongoing housing efforts in the Black Rock Riverside community and an additional $10,138 through the NeighborWorks National Foreclosure Mitigation Counseling Program.   

In FY 2008, NeighborWorks America (also known as the Neighborhood Reinvestment Corporation) will provide more than $76 million in grants to its national network of more than 230 community-based nonprofit organizations to create homeownership for lower-income families, produce and manage affordable, high-quality rental properties, stem the tide of foreclosures that threaten neighborhoods and local economies, and revitalize and strengthen communities.     

Oil prices rose sharply Friday responding to the news that a ship under contract to the U.S. Defense Department fired warning shots at two boats in the Persian Gulf.  Retail gas prices, as expected rose further into record territory, nearing $3.60 a gallon.

Crude prices rose on initial reports that a U.S. ship had fired on two Iranian boats; the news raised concerns that a conflict between U.S. and Iranian forces could cut oil supplies from the region.  A Navy spokeswoman said the origin of the boats was unclear.

The Buffalo News has given their support to the Benderson project on Maple Rd, where the old gun club still stands. They recently published two major stories concerning the same topic ~ meetings between some of the Amherst Town Council members and Benderson people.

 There is a major story in Wednesday’s News wordy enough to have the citizens of Amherst begin believing that backdoor deals were made between Benderson Company people and some Council Members.  Four Amherst Council members were not involved in this meeting.  They were Dan Ward, Dr. Weinstein, Mark Manna and Debbie Bucki.  The News produced not a shred of proof there was any exchange between any members of the two groups that did meet other than the exchange of information concerning the Benderson project.

The Buffalo News broke the cardinal rule of reporting - don’t make the news, just report it.  Sandra Tan’s article in Wednesday’s Buffalo News sounded like the first shot fired at Fort Sumter which began of the Civil war, effectively spitting our county. Tan’s words seemed aimed to do a similar division of our residents.     

In the opening headline of her article she used the word BLAST.  She used it to explain how very few members of the citizen groups spoke against the Benderson project this past Monday night.  That may have been true for that meeting yet at the Town Board meeting two weeks prior there were about forty people who spoke during Suspension of Rules.  Sandra Tan didn’t write one word about what they said against the Benderson Group.Tan’s attack against the citizen groups illustrates her open bias for the developers and against the people of Amherst.  There was a time in history when the newspapers were the protector of the people, now it seems they write what they are told.In Tan’s open volleying she mentioned how much the Benderson people are spending on this project, $44 million dollars.  

Then the word lambasted was used to explain how one lady, the head of the Fairways group, lambasted the Town Board for holding private meetings with the Benderson group. The leader of the Fairways Group did say that all the private meetings where Benderson discussed the new ideas should have been held in a public forum.  This way the public could understand any changes Benderson offered in the latest proposal.  That would have avoided the need for any private meetings with Town Board members avoiding up this kettle of worms.Sandra Tan’s article feed the people of Amherst bits of information which designed to anger them against their neighbors who were fighting for their homes.

An interview I had with Councilwomen Shelly Schratz on Tuesday brought out an interesting view.  Councilwoman Schratz worked on our Master plan.  This Master plan was adopted by the Town Board and now is law.  She made it clear to me; it is only a guide which can be changed by the Town Board.  This is why she believes Benderson didn’t break the law.

The revised Benderson Project proposal, which three Town Board members had explained to them in detail, leaves the other four Town Board members and the people of Amherst in the dark with little or no knowledge of the revised plan.Tan’s article’s only purpose was to add fuel to a fire which is burning between two groups, who each strongly desire to have things their way.

 If the Buffalo News would have followed this story honestly when it broke months ago it would have been dead and buried by now.  Sandra Tan’s article could have cleared up why a public hearing should have been held instead of the small group meetings.  Then I could understand the value of her article.  Instead it repeats these are the same old stories with hot coals and water thrown on to raise smoke to cover a house of cards.  Sandra Tan offered nothing new in the article.

Here is the latest update sent by the Fairways Group.

Friends of the Fairways Group   It was another interesting meeting with the Town Board Monday evening. There were several issues being discussed including some rather important Local Law Amendments. Please read below RESOLUTION 2008-348, which we feel is a start to correcting and protecting home owner’s rights. We feel and a majority of the TB feels it needs some modifications regarding access roadways and zoning requirements of those roadways. We applaud the TB for reviewing this further. Resolution 2008-348   “A local law to amend Chapter 203 of the Zoning Code of the Town of Amherst with respect to certain rezoning petitions.” This issue was discussed at length last evening after being tabled at the April 7, 2008 TB meeitng. It is a resolution to amend the current zoning law and is closely associated with Town Law Section 265. This section of Town Law deals with implementation of super majority. (Read Article 265 below).		What’s the Latest? Resolution 2008-348 Town Law Article 265 The Sly Developer Town Law Article 272-a(11) Quick Links New York State Town LawFairways Group Home PageAmherst Home Owners
Understanding Town Law Article 265 - Why is this so important? This is the section of Town Law pertaining to super majorty:  S 265. Changes. 1. Such regulations, restrictions and boundaries may from time to time be amended. Such amendment  shall  be  effected  by  a  simple majority  vote  of  the  town  board,  except that any such amendment shall require the approval of at least three-fourths of the members of  the  town board  in  the  event  such  amendment is the subject of a written protest, presented to the town board and signed by:       (a)  the owners of twenty percent or more of the area of land included in such proposed change; or       (b)  the owners of twenty percent or more of the area of land immediately adjacent to that land included  in  such  proposed  change,  extending  one hundred feet therefrom; or       (c)  the  owners  of  twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the  street  frontage of such opposite land. The Sly Developer  The reason the developer has created this 101 foot wide linear park is now quite obvious. It is an attempt to circumvent the super majority. The developer is quoted in the local press as stating that the park was added at the request of the residents. That is absolutely false.  Focusing on section C of the above law it is clear that regardless of the setback distance, the 100 foot distance begins at the street frontage.      This leads to the next ploy by the Benderson Company which is to simply “carve up” the property having the linear park remain as it is currently zoned, which is CF (community facility). Now the “park” is not needing TB approval for rezoning, thus lifting the super majority and eliminating the 100 foot street frontage standard. You can see what lengths the developer will go to circumvent the law and the Town Comprehensive Plan. (To pass it off as a granted gift to the residents at their [resident’s] request is absurd).     This leads us back to the resolution above. If this local law was amended and it allows access roadways to be considered as separate entities subject to separate zoning requirements, the adjacent landowners would suffer. The Town Board tabled the pubic hearing and vote to further review this critical point. We applaud the Town Board when they voted 5-2 (Weinstein & Marlette opposed) in favor of further review.  Think about how important this vote is. How would access to and from the developed property occur? It is our opinion the roadways leading to the development should be considered part of the GB zoning, thus the 100 foot requirement IS in effect, thus super majority is in effect. Access to a large commercial development with roadways crossing a “pedestrian park” is dangerous and will increase the potential for serious injury accidents. Town Law Section 272-a (11) - This is important !  Effect of adoption of the town comprehensive plan.  (a)  All  town land  use  regulations  must  be in accordance with a comprehensive plan adopted pursuant to this section. This section of the Town Law deals directly with land use within the adopted Comprehensive Plan. Please note the wording from the law clearly states …”regulations MUST be in accordance…” It does not say “…MAY be in accordance…”. This is important because as the Comprehensive Plan stands now our elected officials can not vote any other way except to vote no to the petitioner’s request to General Business Zoning. If any Board Member votes “yes”, they will be violating the law.      Our Comprehensive plan elaborates that the project area, in particular, is not to be used for commercial development. That these portions of Maple Rd. should be protected from further commercial development or redevelopment (section 3-16 CP).
Remember that WE are in control of our neighborhood’s destiny. All Amherst residents must realize that we have an adopted Comprehensive Master Plan that we (the tax payers) paid for. It is in place for a reason. As Dr. Mohan has reminded us numerous times, let’s not forget why we have elected our officials. Let’s tell them our concerns and let’s encourage them to make the right decisions.      Finally, we at the Fairways Group do not want to depend on super majority to defeat this rezoning application and frankly we don’t think it will. We feel that the Town Board will see through these ploys and deny this vote by a MAJOR MAJORITY.

Congressman Higgins Says Lack of Space Is Poor Argument for Staffing Shortfalls in Local Social Security Disability Office             

Congressman Brian Higgins (NY-27) was critical of comments made by Social Security Commissioner Michael Astrue at an April 23 congressional committee hearing in which the Commissioner suggested that it would be difficult to increase the number of Administrative Law Judges and support staff at the Buffalo Hearing Office because of insufficient available office space.             

Just last week Congressman Higgins and Senator Hillary Clinton wrote letters to the Commissioner insisting on more Administrative Law Judges in the Buffalo-area hearing office.  The Buffalo-area office service area includes:  Erie, Chautauqua, Niagara, Genesee, Ontario, Monroe, and Cattaraugus counties.  According to March 2008 statistics, it takes 669 days (nearly two years) for the average Western New Yorker to have their SSA case heard and processed in the Buffalo Hearing Office and each Administrative Law Judge in Buffalo has an average caseload of 895 SSD applicants.              

“Persons with disabilities are waiting two to three years for their case to be heard and the Commissioner is worried about office space,” said Congressman Higgins.  “We need the Social Security Administration to re-think their priorities.”                

The Social Security Administration has announced 135 Administrative Law Judge appointments in Fiscal Year 2008.  Ten have been assigned to New York: 3 in New York City, 2 in Queens, 3 in Syracuse, and 2 in Albany.  No new judges have been assigned to Buffalo even though the backlog has been well-documented by the Social Security Administration itself.            

“If the problem is office space, I would be happy to find them available space in downtown Buffalo tomorrow,” Higgins added, pointing out that according to a Militello Realty report on downtown Buffalo property, as of January 779,228 square feet of Class A office space was vacant in the immediate downtown area.              

Congressman Higgins noted that staffing shortages aren’t exclusive to the Administrative Law Judges.  Staffing at Western New York field offices have decreased substantially – by approximately 170 employees - over the past 25 years, even though the need for services has increased.              

The Congressman has long supported increased funding for the Social Security Administration.  In January, Congressman Higgins introduced H.R. 5110, the Social Security Customer Service Improvement Act which if enacted would provide Members of Congress with detailed information on the operation and staffing of Social Security offices in their districts and around the country.  Members of Congress should have ready access to this type of information, not only because it is exactly the type of information necessary to measure the effectiveness of government agencies, but also because when citizens aren’t treated properly at their local Social Security office, they immediately reach out to their local Member of Congress for expedited assistance.            

“The hard-working people of Western New York who paid into the Social Security system deserve better treatment from their government,” said Congressman Higgins.  “We are talking about people here, not numbers, - people who deserve an answer, one way or another, so they can plan for their future and live each day without the fear and frustration these backlogs create.  An immediate alleviation of these caseloads is essential.”

Saturday, May 3, 9 am to Noon

Greg Coniglio will lead a birding hike through Amherst’s Nature View Park. Given the time of year, we may encounter a wide variety of spring migrants, arriving in Western New York to their summer territories or journeying towards an eventual destination north of here.  We will look for warblers, vireos, thrushes, sparrows, tanagers and maybe other rarer birds.  Bring your binoculars, if you have them.  Trails may be wet - dress appropriately.  We’ll not only look for birds, but also learn about the behavior and role of the birds of Nature View Park.

Reservations are required.  Please call 716.687.1225 for directions and reservations.  No reason to stay home for lack of funding, hikes are free for everyone. 

(Amherst, NY)—Erie County Legislator Ed Rath, 15^th District (R) will conduct an Open House Saturday, April 26, 2008 from 8:00AM to 11:00AM at his Williamsville District office, 5500 Main Street, Suite 1. The entrance is to the left of the main building entrance. Legislator Rath will be available to answer your questions regarding Erie County Government, how the various departments work on your behalf, and current legislation.

This is a golden opportunity for residents to learn more about how their county tax dollars work for them.   For more information on this event please contact Legislator Rath’s district office at 5500 Suite 1, Williamsville, NY or by E-mail at rathe@erie.gov or by phone 633-0617.

No RSVP is required for “Coffee and Conversation with Ed Rath.”