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Propositions would impact board powers

Published:October 31, 2009, 7:50 AM

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Updated: August 21, 2010, 2:51 AM

Amherst residents will be asked to vote on two propositions Tuesday, both of which would diminish the power of individual Town Board members.

The first proposition would make it harder for board members to change or remove deed restrictions tied to land rezoning. This proposition came about in response to citizen concerns about the controversial redevelopment of the former gun club property on Maple Road.

Benderson Development Co. agreed to a series of deed restrictions in order to get the property rezoned to a “general business” designation to allow for a large, mixed-use development on the property.

While the deed restrictions would prohibit big-box retailers and other unwanted businesses from being built at that location, residents said they were concerned that a simple majority vote by a future Town Board could void the restrictions.

Proposition 1, if approved, would allow the Amherst Town Board to change or remove rezoning- related deed restrictions only through unanimous vote.

The second proposition deals with how the Town Board fills the vacant seats of elected officials.

Currently, the board makes interim appointments based on simple majority vote. Proposition 2, however, would make it so that the only board members from the same party as the individual who vacated the seat could appoint a successor.

Though not stated in the proposition, the law would allow the full board to vote in cases where an appointment by a majority vote of party members on the board is not possible. The law would still require that the board appoint someone from the same party as the person who vacated the elected position.

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