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Amherst board denies developer's sidewalk waiver, requires sidewalks for Regency Commons; neighbors press drainage and broken‑promise complaints
Summary
After a developer asked the board to waive a required sidewalk, the Amherst Town Board voted to deny the waiver and require sidewalks for the Regency Commons subdivision; multiple residents used public comment to accuse developers of breaking prior agreements and to raise drainage and safety concerns.
The Amherst Town Board on June 8 denied a developer's request to waive a sidewalk requirement for the Regency Commons subdivision, voting to require sidewalks as part of the subdivision approval and the town's comprehensive plan.
Jonathan Shear, who identified himself as representing Regency Builders, told the board the sidewalk proposal for Birch Lane and 166 Klein Road "does not serve any public benefit" and called the plan "a sidewalk to nowhere," saying the route ends at a cul-de-sac, would cross a gas line and would create homeowners'-association maintenance and liability without meaningful pedestrian use. Shear said some lot owners oppose the sidewalk and provided letters and a PowerPoint to explain site constraints.
Board members questioned how the street would be used and who would carry liability if someone walking on the private road were injured. Several board members and residents pushed back on the developer's framing, stressing safety and precedent for sidewalks on new subdivisions. Supervisor Lavin told the developer and the audience that the board expects commitments made during approvals to be honored: "When you make a commitment to the town, to the residents, and to the neighbors, I'm going to hold you to that commitment."
During public expression, multiple neighbors raised separate but related complaints about recent local development. Resident Adam Netherro accused a developer of repeatedly breaking negotiated agreements, citing the clearing of a promised five- to six-foot buffer of mature trees and failing to carry out other concessions. Netherro also said police were called after an incident he described as indecent exposure by a worker; he said he provided photos to the board. The board did not make any criminal findings on the record; Netherro's allegation was presented as his account.
Other speakers described worsening drainage and standing water near Bentley Court and the cul-de-sac, removed protective buffers and construction debris they say has been left on or near adjoining properties. Ju Joe and Dennis Shiovala urged the highway and building departments to inspect drainage and address erosion and debris.
The board had temporarily suspended rules to hear the developer presentation earlier in the meeting. After discussion, the council considered resolution 2026-457 on whether to waive the sidewalk requirement. The town attorney clarified that a "yes" vote on the resolution would require sidewalks; the board then held a voice vote and all members voted in favor of the resolution as drafted, which the attorney said means the waiver is denied and sidewalks must be installed as required by the subdivision approval and the comprehensive plan.
Next steps: the board chair said the building and code enforcement departments would inspect compliance with prior approvals and follow up on neighbor complaints; several residents asked for active enforcement and clearer communication about remedies.
Sources: developer remarks by Jonathan Shear; public comments by Adam Netherro, Ju Joe, Dennis Shiovala; board comments by Supervisor Lavin and council members. The board enacted resolution 2026-457 (sidewalk requirement) by voice vote.
