Variances for Amherst warehouse, distribution center again up for discussion

AMHERST — Residents bordering a proposed warehouse and distribution facility came out in opposition at an Amherst Board of Zoning Appeals meeting Wednesday evening. Ray Fogg Building Methods is seeking two variances for its proposed Amherst Commerce Park: one allowing it just a 50-foot setback from its eastern edge, rather than the 300 feet required; and the other for a 50-foot tall building, when the maximum height allowed is 40 feet. The park, consisting of two industrial buildings with a combined 500,000 square feet of floor space, is planned for a wooded area between Cooper Foster Park Road and state Route 2. Engineer Jake Szaras of Ray Fogg Building Methods attempted to address residents' concerns brought up at last month's meeting about the proposed warehouse and distribution center. He said the 50-foot setback would be landscaped, with final designs going through the city's planning commission. The request for the lower setback comes from the usage, he and Ray Fogg Building Methods President/CEO Mike Merle said – the property is zoned C-2, with warehousing being an I-1 usage but allowed in a C-2. The I-1 usage requires a 300-foot setback more in line with manufacturing uses. C-2 commercial uses, which would include a Target or Walmart, only require a 30-foot setback Szaras and Merle noted. Still, homeowners from the Linn, Weaver and Virginia Neighborhood Coalition came out against the variance requests, with concerns ranging from a decrease in property values, to light flooding their backyards and "piercing" noise from truck traffic at all hours. "If the board rules in favor of the developers' variance request, without compromise, we would be forced to live with this blatant encroachment, as many of us don't have the option to move," Virginia Drive resident Carol Brim said, reading a statement from the neighborhood group. Brim also pointed to safety concerns, as the property could allow "would be criminals and pedestrians" and easy access to their neighborhood. She also presented additional signatures on a petition given to the zoning board in May asking it to deny the variances. Merle said he was willing to work with residents, if the variances were approved, and was also in favor of keeping trees in the setback — another concern neighbors voiced. Current plans call for a 6-foot-tall dirt mound to be placed 50 feet from the property line, but Merle was open to working with the Planning Commission on other options. "We recognize what we're asking you to give up," Merle said. He said based on other property's tenants, such as Home Depot, truck traffic wouldn't be 24/7, as the trucks are normally sent out for deliveries or distribution in the morning, other drivers restock the warehouse throughout the day, and the original drivers come back in the late afternoon. Warehouse workers load trucks for the next day at night, he said. The project would bring an estimated $600,000 in income tax revenue to the city, as well as revenue for the school district, Merle said. BZA chairman Terry Tomaszewski said the zoning board is just the first step for the developers, and many of the concerns brought by residents – if the project moves forward – will be addressed by the Planning Commission and City Council. The Board of Zoning Appeals is a quasi-judicial body, with its members adjourning to deliberate in a closed session whether or not to approve or deny the requests. Fogg will be notified of the decision in writing within 14 days. Contact Carissa Woytach at (440) 329-7245 or cwoytach@chroniclet.com.