Neighbors are in court challenging a rezoning that allows 45 patio homes in Hamburg, but meanwhile, the developer has moved ahead in seeking town approval for his project.
Glenn Wetzl has filed plans with the town on the cluster of homes in a subdivision on vacant land between Newton Road, McKinley Parkway and Boston State Road (Route 391.)
Neighbors assumed they had collected enough signatures on petitions to require a unanimous vote by the three-member board to rezone the parcel. But the proposal had changed, and instead of asking to rezone the entire 29-acre lot, Wetzl was looking for the new classification for just the 24 acres in the center.
That meant the state law requiring a super majority vote by the Town Board did not apply because those objecting no longer were close enough to the property in question.
The rezoning was approved by a 2-1 vote, and neighbors challenged the action in State Supreme Court.
But now Wetzl is asking the Planning Board to approve his plan for the development, and town officials say legally they must consider the request.
Since the the property was rezoned to a planned residential development, the plan has not changed since it was rezoned over a year ago. Sean Hopkins, the attorney for the developer, told the Planning Board that 17.1 acres of the 29.29 acres will be permanent open space, subject to a deed restriction ensuring it will never be developed.
The entrance to the subdivision will be on Boston State Road.