A group of Amherst neighbors won a small victory this week over Benderson Development Co.
The Amherst Town Board has voted – at the recommendation of the town Historic Preservation Commission – to make a century-old home on Chateau Terrace in Snyder a historic landmark.
Benderson had strenuously objected and argued the move would set a bad precedent. But the neighbors contended 22 Chateau was worth preserving and Benderson, after tearing down the property’s garage without permission, can’t be trusted to do this on its own.
“Given Benderson’s disregard for following the law, they have proven to be an unreliable steward of such an historic piece of property,” resident Christina Coyle-Lenz said during an at-times-contentious public hearing at Monday’s Town Board meeting. “We urge you today with your vote to trust the experts in HPC and ensure that this gateway to the neighborhood stays as such.”
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However, the local landmark designation does nothing to stop a nearby Benderson development that is bitterly opposed by the same residents.
The company has received permission to tear down unused commercial buildings on Main Street near Chateau and construct apartments and restaurant space in their place.
“Demo permit in hand for commercial buildings. Activity is underway,” Eric Recoon, Benderson’s vice president of development and leasing, said in an email.
Mix of uses eyed
Benderson bought the home at 22 Chateau in 2018 as part of its project centering on the former Squire Shop site – two commercial buildings at 4548-4564 Main St., just east of Harlem Road.
The developer is demolishing the two-story structures there and planning to build a three-story, U-shaped complex of 44 apartment units and two ground-floor restaurants.
Some neighbors say the project is too big for the site and would significantly worsen traffic and parking along Chateau Terrace and Fruehauf Avenue.
They also objected to Benderson’s initial proposal to tear down the 1,730-square-foot home at 22 Chateau. In response, the company last spring agreed to preserve the home while tearing down its garage.
Without the 22 Chateau property, the total disturbance area for the project site is 0.97 acres – just under the 1-acre threshold that triggers the requirement for approval from the state Historic Preservation Office.
“They pretend like they’re the good guys because they said that they’re going to save the building. When, really, what that did is reduce the size of the project to below the level that they would need state permits,” said neighbor Mike Kozelsky.
Still, the town’s Historic Preservation Commission in September voted to recommend the Town Board landmark 22 Chateau.
Landmarking sought
Commission members found that it met several criteria for local historic landmark status, including its connection with the growth of Amherst as a Buffalo suburb and its “distinctive characteristics” as a Craftsman-style home with a stucco exterior.
Neighbors had pushed the town to landmark the property. Benderson said this effort acted as a “weaponization” of the town landmark process.
The Town Board is weighing whether to landmark the Craftsman-style home at 22 Chateau Terrace, off Main Street, a move supported by the town's Historic Preservation Commission and by many neighbors.
Following the discussion at the Feb. 5 Town Board meeting, “it is even more apparent that this house is indistinguishable from all other homes in the Snyder area and does not merit landmark designation,” James Boglioli, an attorney with Benderson, wrote in a Feb. 19 letter.
While the landmark approval process played out, a crew on Jan. 25 tore down the garage at 22 Chateau. The company did not have the town’s permission when it demolished the structure.
“It’s awful that they tore down the garage,” Kulpa said Monday.
The town fined Benderson $1,000 and will charge the company a higher demolition permit fee of $1,200 – amounts residents deemed insufficient and unlikely to curb future violations by the developer.
“Benderson blindsided us on every turn,” said resident Mary Beth Glose.
In a public hearing that stretched for more than two hours over the Town Board meetings held Feb. 5 and Monday, residents implored board members to landmark the 22 Chateau property.
No one from Benderson appeared at either meeting.
Project moves on
Several speakers accused board members of ignoring the wishes of residents and catering to the interests of developers. Landmarking the home, they said, would send a powerful message.
“Town of Amherst has done nothing to thwart Benderson at all. Nothing. It’s an insult to the neighborhood. It’s an insult to the taxpayers of Amherst,” said neighbor Bob Drdul.
The discussion later deteriorated to the point where Kulpa called for a five-minute recess to try to calm things down.
After the meeting resumed, he said speakers appeared to incorrectly assume the board would ignore the commission’s recommendation and vote down the request.
Instead, the board voted 4-0 to make the property a local historic landmark.
The move allows the commission to review future renovations to the home’s exterior. Benderson has said it plans to rehabilitate the home for use as a rental property.
While the neighbors’ group emerged victorious Monday evening, the larger Benderson development is moving ahead.
Neighbors had filed a legal challenge to the project but a state Supreme Court judge has lifted the temporary restraining order that blocked work on the Squire Shop site, Recoon said.
The company also has received the necessary permits from the town Building Department, he said, and initial site work has begun.
News business reporter Jonathan D. Epstein contributed to this report.