WE THE PEOPLE SCAMMED AGAIN

Benderson and our Town officials are currently engaged in revising their plans for the Gun Club property. This is exactly what we all predicted would happen once the General Business zoning was granted. This arrogant and persistent ignoring of the people, laws, procedures and common sense is the basis of our lawsuit. It goes to court October 23rd.
    
The Fairways Group
 

The Fairways Group

SCHRATZ REINVENTS REALITY AT SEPT. 2 TOWN HALL MEETING

The Town Hall meeting September 2 was surreal. Deputy Supervisor
Schratz stated with conviction that she was NOT on Campbell Blvd. the day of the Rubino vote, July 7. She instead stated that she was there on June 27th, undermining her own previous statements that are in the public record. People at the meeting were stunned, especially those living on Campbell Blvd. who confirmed her presence on Campbell Blvd., July 7th. The truth factor is remarkably non-existent in her world.

It was revealed that residents in the area holding the supermajority status were offered large sums of money to remove their names from the protest petition. Anywhere from $5,000 to $30,000. All had declined, but one. What part did our Deputy Supervisor play in this process? Why was she on Campbell Blvd. talking with targeted residents promoting a developer's project on July 7, (day of expected
vote) that resulted in removal of names from the supermajority petition?

It was also revealed that our Deputy Supervisor is not cooperating
with the Ethics Board. She was outraged that the Ethics Board would
even consider questioning her. We have recommended that an independent investigation be initiated.

It is critical that the citizens of Amherst stay abreast of this situation and not allow the investigation to be dismissed or swept under the rug by her supporters.

Amherst residents deserve better. She was elected to serve us not
herself or special interest groups.

The Fairways Group

SCHRATZ AND MOHAN DIVERT PUBLICS' ATTENTION

The public was cast into a fool’s role by Supervisor Mohan's deliberate diversionary tactic to cover up Deputy Supervisor Schratz recent unethical and unlawful actions that renders her unfit for public office.

During deliberations on Schratz ethics (recorded public meeting, August 4th), Councilmember Manna told Schratz: "The perception is you conspired somehow to talk to people who signed the protest petition to convince them to get off." Manna asked: "Did you specifically target people who signed the protest petition? Did you coordinate in any way with the activities of the petitioners?" Schratz disjointed responses included a remark about "Schumer" and "Hillary".

 On Monday, August 11th, we released an open and shut case, substantiated by public recordings, records on file, six witness accounts and Schratz admitted behavior, in an interview with the Amherst Times, August 3. All that was necessary was a review and a roll call for unethical and unlawful actions by our Deputy Supervisor. Instead of reviewing the incriminating, self evident argument and acting swiftly on it, Supervisor Mohan conjured up a charade.

 MEDIA DIVERSION, FACTS AND OUTRAGE:

1). Dr. Mohan knowingly selected a very hot public issue and called a press conference August 11th, regarding the condominium loophole. He said the Town Board was “seriously thinking of adopting the homestead option". The Amherst Bee responded, August 13th: "Why the big announcement? Why now? ...Came out of nowhere." ....Too many unanswered questions...." ".....Causes panic." "If the town needs further review and more detailed plans, why get the residents involved and cause more unease and confusion?'

Why, indeed?? We claim that this was a political ploy. Supervisor Mohan stirred and manipulated the voters, at large, as a means of diversion from the unethical and unlawful behavior of Deputy Supervisor Schratz. This ploy did cause "unease and confusion". (See recorded meeting August 18).

A response from someone not familiar with the timing of the ethics investigation, posed this perspective: "Even after being advised by the Town Attorney, Assessor, etc. about the need for the state to change the law, the likes of the TS (Town Supervisor) and his deputy decided to place their own resolutions on the agenda. So once the Town Board meeting had started the TS gave a half-hearted apology to the crowd and stated 'that he never attended (sic) it to affect existing condo owners'." (Speak Up Western New York, August 20).  

This confirms Supervisor Mohan knowingly brought forth, in a public forum, a resolution that was truly non-sensical. The question is: Were we participating in a comedy or tragedy? This deception was at the expense of the taxpayers of Amherst. 

2). Mr. Rubino, defended Schratz and himself in an Amherst Bee story August 13. Clearly, the link continues between the developer and Schratz, who came on the scene July 7th, lobbying for him, the day of the expected vote.

"Shelly Schratz should be removed from office if she refuses to resign...." (Speak up WNY, Aug. 11)

Deputy Supervisor Schratz has violated her public office and public trust and should step down.

3). The STENCH gets WORSE. Opposed petition count: Foxberry Village 95, residential homeowners 85. The Supermajority (takes only one opposed) was NOT broken on August 4, as was announced and we were lead to believe. The Town's legal council, in full knowledge, rendered the decision to negate the Foxberry Village count. This granted Shelly Schratz the power to lead and swing the vote.  

Crucial Note: These petitions are the only documents missing from the Clerk's file. They provide the evidence to the discovery of this unlawful act.

On August 4, the opponents were left with no other recourse than to utilize the suspension of rules to turn the planned vote. They presented and exposed an ethical quagmire. This left no alternative but to vote 7-0. (Camera recorded, August 4). 

This common practice of interfering with the local democratic process, demonstrates the arrogance of power to serve those involved and a selected few in our community. It is NOT in the service of the constituency at large and is inconsistent with the Town's vision.

We are confident that there are many voices in our community that want to be heard on this outrageous, disturbing and offensive finding. An independent special investigation is in order.

COUNCILMEMBER SHELLY SCHRATZ VERSION
DEFIES FACTS AND ORDINARY COMMON SENSE

Grass-roots constituencies are trying to challenge the abuse of power by our elected officials where laws, procedures and fundamental rights of homeowners are being denied. Discussions are commencing among the coalitions to unify and mobilize for common purpose. No longer will we tolerate divide-and-conquer.

On July 7th, the day of the expected vote on the Rubino rezoning, Deputy Supervisor Shelly Schratz and John Rubino visited the homes of four targeted, SENIOR citizens that were CRUCIAL to getting the proposal passed. These SENIORS had held to the petition for months, despite calls, letters and visits but WITHDREW on the SAME DAY of their visit, thereby breaking the SUPERMAJORITY.

DAMAGE CONTROL, CONTAINMENT, COVER-UP & PUBLIC OUTCRY:

1. One of the senior withdrawals submitted a written statement that John Rubino and Shelly Schratz visited her home. All parties knew, she was a proxy representative entered into the Clerk's record. She was revisited by the proxy representative and revealed the facts of what occurred. So-called ethical investigation: Pressure for retraction commenced on witness. She is afraid and intimidated. Her son fears for his mother's welfare.


2. Councilmember Schratz made a phone call to Ms. Marando (Foxberry resident), from Canada, the evening Ms. Marando's statements went public, July 28. Marando had stated: " The perceived influence of the Councilperson lends credibility and was effective with these seniors." " Isn't this a conflict of interest for an elected official who serves in a fiduciary role to be visiting homes of petitioners who opposed this project?" Conversation consisted of political spin. "She made no negative comments about this project, however, she did make positive comments." "Why is there this appearance of comradery?"


3. M. Washer, 480 Campbell Blvd., also received a phone call from Schratz on July 28. Washer was told she went to her home but no one was home. Schratz is now saying she saw someone in the yard but missed him. Washer stated: "It is wrong an elected representative would use their position to aid a developer in removing names from a petition." "One has to wonder, what was in it for Ms. Schratz." " Is Democracy for sale?"


4. Stender, 480 Campbell Blvd., stated at the recorded, August 4, 2008 meeting: "My neighbors on both sides of me made deals with Rubino, taking money and took their names off the petition." He said he did not receive a visit from Ms. Schratz on July 7, even though he was home. He was told she was across the street talking with Rubino. When she got done talking with two other residents, she went across the street and talked with Stender's neighbor. All three of the residents, she mentioned, took their names off the petition, that day.


5. 465 Campbell Blvd. , another staunchly opposed homeowner who lives ACROSS from Stender and NEXT DOOR to the property was not visited by Rubino/Shelly Schratz either, at the time and place of question. States: " It was wrong to show up at anyone's door to help a developer." "She has lost credibility and trustworthiness." (Favata)


6. J. Ferraro presented witness note at August 4 meeting and said: "We did not elect any of you to LOBBY for ANY DEVELOPER."


7. Cover-up: " A petition with the signatures of people against the Rubino development has vanished." " I have never seen a more scrambled mess." ..... several important papers were missing." "It would take Einstein to figure out what everything meant ....."
"This type of bookkeeping was not the standard of Mrs. Jaros or her staff." "I have to question what the people signed at their homes when the Rubino brothers/Shelly Schratz visited them."
(Aug. 6, Amherst Times). RECORDS CAN COME UP MISSING BUT EYE WITNESSES CANNOT. Public meeting recordings, written records and witnesses substantiates the evidence.


8. "Shelly said she did speak to four of the people whose names were on the petition voting "no" to the Rubino project." "Interestingly the four people she spoke with did remove their names from the petition sheets." (Aug. 3, Amherst Times). This substantiates the four, targeted seniors that were crucial for maintaining the Supermajority and getting the proposal passed. (see record)


Recall vote took place Aug. 4. Councilmember Schratz continued, at the least, to exercise poor judgment. She did not remove herself from the vote as conflict of interest.


"She said her purpose in going out to the area was to help some people who were having trouble with their land." (Aug. 3 Amherst Times). For the record, the two referenced by Schratz with drainage concerns (Lieber, 541 Campbell, Zebrowski 537 Campbell), were publicly opposed until July 7, the day in question (see public recordings June 16, July 7). These too, were now in favor as entered into the closing argument submitted by Rubino's attorney on JULY 8. (see record).


9. Public comment (Aug. 3, Amherst Times ). " What Shelly did was sell out her name to help a developer. She should be removed from the Town Board now."


Our elected officials are held to a higher standard, ethically and legally. They are entrusted to act in the best interest of the constitutency, at large. Deputy Supervisor has violated the fiduciary role that she
was elected to do. Her action is a dereliction of duty. ON PERCEPTION ALONE, the honorable measure for Ms. Schratz would be to step down. For every day she presides in office, she taints all honest politicians in the duly rank and file of our elected officials. In this Presidential election year, constituencies at large are crucial to the vote.

A SWIFT RESOLUTION IS NECESSARY.
 

THE FAIRWAYS GROUP FILES LAWSUIT
WHILE TWO STATE INQUIRIES ARE UNDER WAY

The Fairways Group has filed a lawsuit against the Town of Amherst and Benderson Development Co. LLC.

We can no longer allow our Town officials to violate laws, procedures and infringe on the welfare of their constituents with impunity. We will hold them accountable and responsible for their failures. Their failures and "foolishness" has cost and will continue to cost the taxpayers thousands of dollars until such lawlessness is stopped.

CONCURRENTLY, ALL AMHERST CITIZENS NEED TO KNOW, as a matter of public record, there are two inquiries in progress against our Town officials for their failure to conduct business in compliance with Local, State and Federal law. One was submitted to U.S. State Senator Hillary Clinton, and one to N.Y. State Senator Mary Lou Rath. All these documents are on file at Town Hall and available to everyone through the Freedom of Information Act.

We will continue our battle for truth and to reveal the behind-the-scene measures that have been taking place to accommodate developers at the expense of residents and our Town.

We wish to thank Dan Ward for joining our lawsuit. This should send a message to all Town officials and citizens that Dan, as an elected official and an attorney, recognized the many violations that occurred during the entire planning and approval process. The "Town Board looks foolish" because of those who voted for the developer (Dr. Weinstein, Shelly Schratz, Guy Marlette, Dr. Mohan), in spite of blatant violations and arrogantly thought there would be no consequences.

Our lawsuit is available to be viewed here.

The Fairways Group

It is sad to watch land abuse issues being brought before our Town Board in hopes that some of you will stop using the average citizens as your pawns in aiding developers to accomplish their desires. It is sad to watch the Comprehensive Plan being challenged because of inconveniences to developers and to watch our Town officials descend to sophistry in defending them.

We the people, will no longer stand by and permit you to continue representing special interests groups to the detriment of the majority of homeowners. We will not permit anyone to invoke Abraham Lincoln's words "for the greater good" to justify the cynical manipulations by developers of those beholding to them. This is a blatant distortion of Lincoln's character, philosophy and words.

The time has come for the people of this Town to demand the truth of what goes on behind closed doors and expose our Town officials who have habitually pandered to developers and their own agenda. There has been no limit to the machinations employed to achieve their agenda. Our public servants who have attempted to be truthful have been dismissed and/or discredited. The general population has been demoralized by the stranglehold our Town officials have permitted developers to exert and virtually run this Town.

We now know, the emperor/emperors have no clothes.

You may be deceived and manipulated by propaganda but we, the common people are not.

The Fairways Group
Judy Ferraro

THANK YOU!
DEBORAH BUCKI DAN WARD & MARK MANNA

The Fairways Group would like to thank Deborah Bucki, Dan Ward and Mark Manna for standing up for the people of Amherst. They stood strong against enormous pressure from the Benderson Corp. and all his related associates.

ALL PEOPLE OF AMHERST SHOULD BE GRATEFUL TO THEM. They recognized the far-reaching destruction of voting for the GB zoning in a residential/recreational area that is in total violation of our Town's
Comprehensive Plan. This Plan that was/is intended to protect residents from rampant development in inappropriate locations.

It is a true tragedy that the four Republican members of our council (Dr. Mohan, Shelly Schratz, Guy Marlette, Dr. Weinstein) have now
opened the door for any developer to go wherever they wish in Amherst to continue building on any open or green space available. The developers are not being held accountable for filling the 1000's

of square feet of empty properties proliferating around our Town or to redevelop existing slum-like plazas.

The Fairways Group intends to continue the battle against this abuse to the Amherst residents. Some Board members are referring to Maple Rd. as the new "Downtown" or "City" of Amherst. This would transform our residential/ recreational area into a commercial corridor. To achieve this, our golf courses and ball fields will be in jeopardy along with well-over 1500 residential homes in the area.

We are asking for donations to our legal fund to aid in fighting this abuse throughout Amherst. We want this abuse to end before it is too late, before there is no more space to build on...where the developers move on and our lovely Amherst is left blighted by more empty properties and slum-like plazas.

Please send donations to:

The Fairways Group
213 Donna Lea
Amherst, New York 14221

Thank you.
The Fairways Group

MAJOR VIOLATION OF COMPREHENSIVE PLAN IMPACTING CENTRAL AMHERST

There is a great deal of misinformation about the Benderson proposal. It is touted as a town center. In reality, it is nothing more than an enormous strip plaza with condos, set in a sea of 1000 parking spaces. This is NOT a walkable, livable community. It will contain every type of business and housing we already have in abundance with many sitting empty.

The location, mid-block on Maple Road adjacent to a residential, recreational area is a blatant violation of our adopted Comprehensive Plan. The Plan, that cost the taxpayers $750,000 and is thus THE PEOPLE'S plan.

Our Town officials need to follow this Plan, created to protect the people and their property . Town officials are so concerned about following laws, they should start by following the Master Plan instead of working at finding or creating loopholes to satisfy the self interest of a developer and some Board members. If this rezone is allowed, it will become clear that the $750,000 was a waste of taxpayer money and that we the people have been
sold out to yet another special interest entity.

Our Town recreational facilities belong to the people not to Board members to be cutting deals with anyone. The behind-closed-door negotiating and planning with Mr. Benderson for the future of Central Amherst needs to be fully vetted and disclosed to ALL Amherst residence. We demand the truth from our elected officials not Benderson's marketing hype or spin. We the people are not duped by it, whether it comes from Benderson and company or from Town officials. None of you should be so arrogant to tell us what is good for we the people. Common sense tells us what is in our best interest.

We live in a democracy where it is government of the people, by the people, and for the people. We elected our Board members to represent us not to dictate to us.

The traffic generated by this project and by the secondary development would turn Maple Rd into a commercial corridor. It will NOT be POSSIBLE to safely mitigate traffic on any of the nearby roadways. It is unconscionable that any Board member would sacrifice the safety of citizens traveling these roads, in addition to taking land from a small-business owner, and land from a historic preservation school house to fulfill Benderson's vision and their own. The people of Central Amherst do not want another Transit Road or Niagara Falls Blvd. brought to Maple Rd. courtesy of some Board members.

Put the project where the Master Plan says is should go and replace it with something compatible with a residential, recreational area.
 

SUPERVISOR MOHAN AND REPUBLICAN BOARD MEMBERS FAIL TO
HONOR CAMPAIGN PROMISES

The many experts involved in creating the Comprehensive Plan had the foresight and vision to recognize the potential for serious problems if any commercial development in the residential/recreational area of Maple Rd. were allowed.

It is astounding that there are those on our Board that are still trying to put a square block into a round hole to satisfy a developer
and THEIR own vision of turning Central Amherst into Bendersonville. To accomplish THEIR vision, our golf courses, ball fields, and a portion of the hike & bike trail will be in grave danger of disappearing. All Amherst residents need full disclosure from these Board members, as to THEIR plan for OUR future. We know it is in violation of our Comprehensive Plan, but just how egregious is this violation? We elected our Board members to protect all citizens of Amherst and to uphold the Comprehensive Plan as some members specifically said they would do, during their campaigns. We did not give any member a mandate to violate the law and the people of Amherst.

There are a multitude of problems associated with this Benderson project on Maple Rd. One is the horrendous traffic it will generate. It does not take a genius or an engineer to understand that traffic cannot be mitigated to a safe level for ANYONE traveling on Maple Rd., North Forest, Fairways, Donna Lea, Foxcroft, Sandhurst, Maplemere and all roads in the Maplemere subdivision where an elementary school is located. It has been said by Urban Engineers and many times by Dr. Mohan that if traffic cannot be mitigated at North Forest, the project is in jeopardy and should not go forward.

How can any Board member even consider using eminent domain to satisfy a developer's quest for area dominance. This is the ultimate in amoral behavior.

For the greater good is the phrase some board members are using to explain their position. It has become clear it is nothing more than an abuse of power and a rationale for abusing our citizens. The greater good seems to apply ONLY to the developer and his associates, who on command, attend meetings and call and send letters to Town Hall. At the May 5th meeting many green-button people were heard saying they were there ONLY because their bosses told them to be.
These green-button people are NOT THE MAJORITY. No one should be impressed by or believe these underhanded tactics.

WHEN IS AN OATH NOT AN OATH? 

The Town of Amherst's Comprehensive Plan (CP) was adopted unanimously in 2007.  Once it was adopted, it became subject to Town Law regulations.  Town Law is a set of state mandates that town municipalities in New York govern themselves by. It deals with everything from zoning issues to establishing town newspapers. The Town Law is not an optional set of guidelines. They are as much an enforceable mandate as are the Vehicle and Traffic Law or the Penal Law. As the CP stands now, with its clear and precise wording and instruction regarding the protection of Maple Rd. from further development, the rezoning application for Maple Rd. must not be approved. It is not an option to ignore the law without violating it.
     Our Town Officials took an oath to uphold the law. They are all aware of section 272-a(11) of  Town Law, which provides that where a town has adopted a formal comprehensive plan, the town's zoning decisions must be consistent with that plan. It clearly states "must be".   It does not say "may be" or "should be".
     The bigger issue here is about obeying the law, not about rezoning Maple Rd. If the residents of Amherst can't have the basic trust in our elected officials to obey and uphold our laws then what do we have? As a town resident can I trust them to be fiscally responsible? Can I trust them to be ethically and morally responsible? Ignoring these points will call into question the character and integrity of our elected officials. It is a point that must not be compromised.
     An oath is a solemn, usually formal calling upon God, to witness the truth of what one says. I hope our elected officials understand that.  

Bill Fleming
The Fairways Group

WHY IGNORE THE $700,000 COMPREHENSIVE PLAN?

The Comprehensive Master Plan IS the blueprint for development in
Amherst. It was adopted in January 2007. It was studied and researched for several years. One of the stated visions of the plan, is that Amherst be renowned for its exceptional quality of life.
Isn't it ironic that we are here, once again, discussing how this
project, at this location is an assault on the quality of life of
Amherst residents, living in over 1000 homes? Knowing, additionally,
this number will increase dramatically because this development
is just the beginning of a conversion into another commercial
corridor? This is something our comprehensive plan repeatedly and
specifically advised against for this section of our Town.
The Master Plan elaborates that the project area, in particular, is
not to be used for commercial development... That the residential
portions of maple road should be protected from further
commercial development or redevelopment (section 3-16)

Some of the relevant violations are:
     It is not consistent with surrounding land use or highway corridor.
     It is not at a major intersection.
     It is not in keeping with the neighborhood scale.
     It creates numerous adverse environmental impacts on adjacent
     land use.

The authors of our Master Plan recognized the problems involved in
developing this area of our town or rezoning it and advised against it.
Our own Amherst Planning Department understood the problems
associated with rezoning this property and advised against it.
Our own Amherst Traffic Safety Board understood the safety
problems associated with rezoning this property and advised against
it. The neighborhood residents have said and to continue to say no to
rezoning of this property to general business/commercial.
This entire proposal, including all environmental issues needs to be
looked at comprehensively through clear eyes not through the prism of dollar signs and a developers spin. 

Be Alert all Amherst Residents!!

Incredible, desperate, how-low-can-you-go moves to garner support for the wrong project in the wrong location.
       Click here & Get THE TRUTH!
 

 QUAINT VILLAGE STYLE SETTING, YEAH RIGHT!

We want everyone to understand how big this development will be. The image here is the current Maple Rd. property with an overlay of the Lowe's Plaza from Maple and Transit Rd. If you think the Lowe's  plaza is big, wait until you see this! The developer proposes a much larger development (350,000 sq. feet). See more of the proposed plans here.