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Apartments project to proceed after judge rules in Amherst Town Board vs. Zoning Board case

Plans for an apartment complex on North French Road in Amherst can move forward now that a judge has ruled in a case that pitted two government boards against each other.

The Amherst Town Board in March rejected a request to rezone 4400 N. French Road, mainly due to concerns that the location is within the town’s flood plain. The Green Organization had planned to construct two buildings with a total of 24 apartment 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.

State Supreme Court Justice Jeannette E. Ogden ruled Tuesday the Zoning Board was proper in granting the variances, said Jeffery D. Palumbo, the developer's attorney.

Supervisor Barry A. Weinstein said the Town Board will likely consider possible next steps during an executive session at its Dec. 11 meeting.

Two Amherst boards at war over who controls growth in town

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