All three Hamburg Town Board members must vote in favor of rezoning property off Howard Road for proposed luxury apartments to be built.
Many neighbors oppose the project west of Heatherwood Drive and east of Camp Road, and they submitted enough signatures to force a “supermajority” of the board to vote in favor of the rezoning.
Under state law, the supermajority requires approval from three-quarters of the board members. Two yes votes on the three-member board is less than the required 75 percent, so a unanimous vote is required.
Boston State Holding is seeking to rezone 8.1 of 10 acres from R-2, single-family residence, to R-3, which would allow multiple dwellings or condominiums, hospitals, nursing homes, colleges and dorms.
The developer wants to build 66 luxury units, with apartments of 700 to 1,000 square feet.
Supervisor Steven J. Walters said Monday night the earliest the board would vote on the rezoning would be its Feb. 25 meeting.
“Quite frankly, I would be skeptical it would be this early,” Walters told residents.
He said all the public comments have been submitted to the developer, and the town is waiting for a response from the developer.
“They’re hoping to get those responses back to us sometime within the next month or so,” he said.
Walters and Councilwoman Amy Ziegler said in the work session before the regular meeting that the developer has offered to meet with residents, and the town would like to see that occur.
“I said I would participate if they wanted,” Ziegler said.
“If the applicant is willing to meet with residents one more time to try to address some of these issues, try to compromise on some of these issues, I think that’s probably a wise thing to do before coming back to us,” Walters said.
Neighbors object to the development, and their petition contends it will destroy a natural ecosystem, cause flooding conditions on nearby property, infringe upon deeded conservation easements and diminish the quality of life for adjacent property owners.
Drew Reilly, the town’s planning consultant, told board members in the work session that he understands residents’ concerns, but he said the development will increase green space near a conservation area.
“Their petitions say we’re reducing green space,” Reilly said. “We are not.”
He said there would be 150 feet to 200 feet of space between the backs of residential lots and any new building.