The Amherst Town Board is hiring an attorney to sue the town's Zoning Board of Appeals over a recent decision on a proposed apartment building.
The Town Board in March denied an application to rezone 4400 North French Road and build two, 2-story apartment buildings of 12 units each. But the Zoning Board on May 16 considered the project and issued five variances, which would permit the project to move forward.
Supervisor Barry A. Weinstein said it's part of a recent pattern of the Zoning Board superseding the Town Board, including a recent application to rezone 190 Maple Road.
"I think this is a lousy precedent," he said. "When the Town Board makes a decision to deny a rezoning, it should not be changed by an unelected board."
The Town Board voted, 4-1, to hire the Hancock Estabrook law firm to "commence litigation" against the Zoning Board.