The Amherst Planning Board could begin its review of a North French Road apartment project as soon as next month after a state appellate judge denied the Town Board's attempt to stall the project.
Justice Patrick H. NeMoyer of the Appellate Division, Fourth Department, last week rejected the Town Board's request for a temporary restraining order.
The Town Board last March refused to rezone 4400 North French Road, where the Green Organization plans to construct two buildings with 24 total units. The developer turned to the Zoning Board of Appeals, which granted several variances allowing the project to proceed. That prompted the Town Board to sue the Zoning Board.
A state Supreme Court justice in November ruled the Zoning Board acted properly. The Town Board is appealing that decision and is seeking a preliminary injunction from the full Fourth Department.