Town of Amherst Town Board·April 27, 2026
The town scraps its own 44-year-old environmental law · A resident challenges Albany's reach · A sidewalk fight lands on the agenda for next time
In a brisk 35-minute evening meeting, the Amherst Town Board held a public hearing and then unanimously repealed Chapter 104 of the Town Code — the local environmental-review ordinance the town first adopted in 1977 — on the argument that New York State's own SEQR regulations have superseded it since 2019, making the local law redundant red tape; a resident countered that letting a state regulation override a duly-enacted local law is “kind of troubling.” The board also opened its meeting by honoring a fire captain[*] for a life-saving rescue during a fatal Radcliffe Drive house fire and by memorializing the town clerk's mother and a departed civic gadfly; approved a Williamsville Farmers Market license and a police fundraiser fee waiver; cleared a long consent slate topped by a $3.41 million wastewater-plant oxygen-system award; and extended a townwide roofing contract by suspension. Every recorded item passed 5–0. A developer's request to skip sidewalks in the Regency Commons subdivision was not decided — only referred — and is teed up for a future hearing.
The evening's substantive business was a piece of housekeeping with a constitutional edge. Assistant Planning Director Daniel J. Ulatowski[*] asked the board to repeal Chapter 104 of the Town Code — Amherst's local law for administering the State Environmental Quality Review Act, or SEQR — which the town first enacted in 1977 and last overhauled in 1982. His case was that the law has been dead letter for years: when New York State rewrote its SEQR regulations effective January 1, 2019, Amherst's older, more expansive local version fell out of step, and under the state's own rules an inconsistent local procedure is automatically superseded. “Our current Chapter 104 is out of date,” Ulatowski told the board; keeping it on the books, he argued, only forces residents and developers to “decipher and navigate” two conflicting rulebooks.[1]
Supervisor Lavin pressed the point home for the record: since 2019, he asked, hadn't the town effectively been operating under state SEQR wherever the two conflicted? Correct, Ulatowski said — repealing Chapter 104 changes nothing in practice, it just removes the redundant layer. Lavin, a self-described “major proponent” of “getting rid of these kind of archaic old rules,” noted that the alternative to repeal would be to amend the local law to mirror the state's — and then re-amend it every time Albany tweaks the regulations again, which the governor is already proposing to do.[1] Ulatowski confirmed the practical upside: with only the state framework in force, some actions the local law had swept into heightened review — area variances for setbacks, for instance, which the state treats as Type II actions exempt from SEQR — would no longer be needlessly escalated. Less “duplicity,” in his word, and less bureaucratic drag.[1]
The public hearing drew two speakers. Tom Frank[*] of 5403 Main St used his three minutes on a sprawling pitch for a Glen Park–to–Amherst State Park greenway — a “demonstration project” he tied, loosely, to SEQR — before the supervisor gently steered him back to his other meeting across the hall. The sharper intervention came from Matt Plunkett[*] of 299 Northill Dr[*], who agreed the old law was probably worth scrapping but raised a genuine legal objection: can a state regulation really override a duly-enacted local law? “There is a hierarchy of legislative acts,” he said, and “laws, as far as I knew, always exceeded regulations.” If Albany can nullify one local law by regulation, he warned, “they can do a lot of things that I'm not sure we'd be happy with.”[1] Ulatowski answered that the SEQR regulations themselves say a local law that is inconsistent or less protective is superseded by the statute; Lavin allowed that Plunkett's point was “well taken” as a general matter, even as he judged repeal the right call here.[1]
With the hearing closed, the board moved in three quick strokes: it opened and closed the public hearing (Res. 2026-331), adopted a SEQR negative declaration finding no significant environmental impact from the repeal (Res. 2026-332), and then adopted the local law repealing Chapter 104 outright (Res. 2026-333) — each 5–0. The 44-year-old ordinance took effect as repealed immediately, pending filing with the Secretary of State.[2]
“Repealing an environmental-review law” sounds like the town is weakening protections. It isn't. SEQR is a state mandate; every New York municipality must follow the state's regulations (6 NYCRR Part 617) no matter what. A town's own local SEQR law only adds detail on top — and when the state updated its rules in 2019, Amherst's local version became inconsistent and, by the state's own terms, automatically overridden. So the town had two options: rewrite Chapter 104 to copy the state rules (and rewrite it again every future update), or delete it and simply follow the state framework directly. The board chose deletion. Environmental review continues unchanged — only the redundant local layer is gone.
Before any resolution, the board spent its first ten minutes on recognition. Deputy Supervisor Marinucci led an in-memoriam for Francina J. Cartonia — a freelance writer for the Buffalo News and Courier-Express, a small-business founder, a traffic-safety volunteer, and the mother of Town Clerk Francina J. Spoth — and for “Joe,”[*] a fixture at town and village meetings whom she described as an “open government, good government advocate” who came “looking for transparency… accountability.” He “didn't always like the answers that I gave him,” she said, “but he at least got some of them, and we will miss him.”[1]
Supervisor Lavin then presented a heroism proclamation to a fire captain[*] from a local volunteer company[*] who was first on scene at a residential fire on Radcliffe Drive. According to the citation Lavin read, the captain evacuated one occupant, re-entered the structure, and — working with an in-home caregiver — brought a second resident down from the second floor directly above the fire. Lavin noted the incident was not without cost: it “did have a tragic loss,” and the board observed a moment of silence before the recognition. “This is what we do, and this is what we train for,” the captain said.[1]
Councilmember Kavanaugh delivered the invocation, turning it toward political violence — asking the room to “reflect on our social media posts… and… build bridges of understanding.”[1]
The heroism proclamation was delivered verbally; no written citation was included in the published agenda packet or minutes, so the captain's name, the fire company, and the details of the rescue come only from the meeting audio and carry the [*] flag. The audio rendered the company as “Gatsville”/“Gutsville,” which does not match any Amherst company cleanly; it is most likely Getzville or Eggertsville, but the Listening Post is not asserting which absent an official source. See the Editor's Note.
A dispute that would dominate a later Town Board meeting surfaced here only as a filing. During public expression, Elliot Lasky[*] of 471 N. Forest Rd told the board his attorney, Sean Hopkins, Esq.[*], had filed for a sidewalk waiver in the Regency Commons subdivision — specifically to skip sidewalks on Birch Lane, the private street serving the patio-home community off Klein Road. Lasky said he had expected a public hearing on the request that night; instead it was routed as a communication. He asked the board to take it up at its next meeting, arguing a sidewalk on the private road “is a very bad idea” that “creates unnecessary liabilities” and “invasion of privacy.”[3] The board made no decision: Hopkins's letter (Communication 2026-42) was simply referred to the Town Attorney and Planning Department, 5–0.[4] The waiver itself would come back — and be denied — at the board's June 8 meeting. Jane Cox[*] of 4584 Harlem Rd also spoke, renewing a standing request to restore a second public-expression period to the board's rules of order, and Plunkett returned to wish the board an early Happy Mother's Day.[3]
The bulk of the night moved on a single consent vote, each item adopted 5–0. The largest number by far was Resolution 2026-368: a $3,413,799 award to Adsorptech, LLC for Phase 1 of a new oxygen-generation system (a VPSA procurement) at the town's Water Pollution Control Facility — a $3.10 million base bid plus a $315,193 change order to add factory wiring, recommended by the town's engineering consultant, Arcadis.[5] The board also approved three School Resource Officer agreements with the Sweet Home, Amherst, and Williamsville school districts (Res. 2026-355 through 357, together bringing in more than $539,000 in revenue to the town's police budget), a $23,838 interior-abatement contract at Town Hall, a $172,000 lighting-district extension hearing for The Hamlet and Cricket Lane subdivision, a $125,000 litigation settlement in Panaro v. Town of Amherst, two new department-head-level appointments (a Municipal Director of Facilities at $120,766 and a Sr. Deputy Town Attorney at $138,704 plus stipend), a stack of piggyback and standardization contracts (Kubota tractors, Sherwin-Williams paint, 84 Lumber, Amazon Business), and a Williamsville Farmers Market license.[5] Off the consent slate, Councilmember Davis carried a fee waiver (Res. 2026-330) for a May 31 police-and-highway community-policing fundraiser at the Northtown Center benefiting the New Beginnings Food Pantry, and the board referred four Notices of Claim / petitions — Holyoke, Farmers Insurance a/s/o Emke, and Ziemer among them — to the Town Attorney. Finally, by suspension of the rules, the board extended its townwide roofing contract with Jos. A. Sanders & Sons two more years, through April 24, 2028, after the prior deal lapsed the Friday before.[6] No members were absent and no recusals were recorded. The meeting adjourned at 7:35 PM.
All five members were present and voting throughout: Supervisor Shawn A. Lavin[*] (chair), Deputy Supervisor Angela Marinucci[*], and Councilmembers Michael Szukala[*], John B. Davis and Jack Kavanaugh[*]. Every recorded action passed 5–0; most were adopted together on the consent agenda. Movers, seconders and results below are taken from the official IQM2 minutes. No recusals were recorded, and there was no executive session.
Adoption of a local law repealing Chapter 104 of the Amherst Town Code (“Environmental Quality Review”), first adopted 1977 and last amended by local law May 17, 1982. The board found the local law inconsistent with the State's SEQR regulations since the January 1, 2019 state amendments, and therefore redundant. Repeal takes effect immediately, pending filing with the Secretary of State. Preceded by a public hearing (2026-331) and a SEQR negative declaration (2026-332).
Public hearing on the repeal of Chapter 104, presented by Assistant Planning Director Dan Ulatowski. Opened 7:10 PM, closed 7:26 PM. One resident spoke on the record: Tom Frank, 5403 Main St. (Matt Plunkett also addressed the hearing per the audio.) Opened and closed on unanimous motions.
The Town Board, as SEQR lead agency, issued a Negative Declaration finding no significant adverse environmental impact from the repeal of Chapter 104.
Authorizes the Supervisor to execute a 2026 license for the Village Preservation Foundation to use the Town Lot for the Williamsville Farmers Market, Saturdays 5/9/26 through 10/31/26 (CRS #6275).
Waives admission fees (approx. $1,000 revenue) at the Northtown Center for a Police + Amherst Highway Employees Association community-policing fundraiser, Sunday May 31, 2026; proceeds to the New Beginnings Food Pantry.
Awards the Water Pollution Control Facility oxygen-generation system Phase 1 (VPSA procurement, Contract 1P) to Adsorptech, LLC: $3,098,606 base bid + $315,193 change order (factory wiring) = $3,413,799. Two bidders; consultant Arcadis recommended the award. Funds in KP 2517-4972. Adopted on consent.
Three SRO program agreements (7/1/2026–6/30/2027) between the Amherst Police and the Sweet Home ($107,898.70 revenue), Amherst ($107,898.70) and Williamsville ($323,696.10) Central School Districts. Adopted on consent.
Orders a May 11, 2026 public hearing to extend the Consolidated Lighting District to include The Hamlet and Cricket Lane subdivision (est. improvement cost ~$172,000). Town Attorney Steven B. Bengart, Esq. Adopted on consent.
Authorizes settlement of Panaro v. Town of Amherst (binding arbitration) for $125,000 (P1915.4110) and the Supervisor to execute settlement documents. Adopted on consent.
Awards the Town Hall interior-abatement contract to Regional Environmental Demolition, Inc. at $23,838.00 (eight bidders; KP2606.4972). Adopted on consent.
Creates/appoints a Municipal Director of Facilities (eff. 4/28/2026, $120,765.66, Grade 3 Step I) and appoints a Sr. Deputy Town Attorney (eff. 4/28/2026, $138,704.01 + $16,930.87 Land Use Planning Specialist stipend). Adopted on consent.
Budget amendments recognizing Community Development program income (CDBG and HOME) from properties in Amherst and Tonawanda. Adopted on consent.
Six contract items: extend Erb Co. plumbing/HVAC supplies through 5/24/2028; piggyback Omnia/84 Lumber; piggyback Amazon Business; award air sampling & analysis to Paradigm Environmental Services; piggyback Sherwin-Williams paint; award townwide general construction to The Peyton Barlow Co. Adopted on consent.
Declares standardization on Kubota tractors for the Highway Department (GML §103(5)), and piggybacks the Erie County Jackson Welding & Lab Gases contract. Adopted on consent.
Authorizes subrecipient agreements with Cheektowaga and Tonawanda for the 2026-27 program year under the Amherst-led HOME Investment Partnership consortium. Adopted on consent.
Digital Surveillance Solutions access control at Paradise Park ($20,429.55); an FY2022 Tactical Team grant budget amendment; ICAT “train the trainer” travel (2 officers, Decatur IL, ~$2,026.77); and an FY2023 Critical Infrastructure grant agreement. Adopted on consent.
Wastewater-plant housekeeping: two operator travel/training requests; a DSS intercom/camera-server contract amendment; Hach WIMS water-information software (Aquatic Informatics); an auction of surplus sewer-maintenance equipment; and an Idexx sole-source supply contract. Adopted on consent.
Northtown Center water-tower treatment contract with M.I.S. of America ($6,485); and acceptance of two completed sanitary-sewer public/private improvement permits at 669 Youngs Road (PIP 3155 and 3154; $23,862.50 maintenance bond). Adopted on consent.
Approved an AAUW Buffalo book-sale sign-fee waiver (Comm. 41). Referred to the Town Attorney & Planning Department the Sean Hopkins, Esq. letter seeking a Regency Commons sidewalk waiver (Comm. 42). Referred to the Town Attorney three matters: Notices of Claim in Will Holyoke v. Town of Amherst (43) and Farmers Insurance a/s/o Daniel Emke v. Town of Amherst (44), and a Notice of Petition in Heidi A. Ziemer v. Town of Amherst (45).
By suspension of the rules, extends the townwide roofing-services contract with Jos. A. Sanders & Sons two years, through April 24, 2028, under the same terms; the prior contract expired April 24, 2026 (CRS #6264). Suspension of Rules opened 7:34, closed 7:35 PM.
This brief was built from three sources: the transcript of the Town of Amherst's own YouTube livestream of the April 27, 2026 regular Town Board meeting (~35.3 minutes of audio, faster-whisper “medium” model, language confidence p=1.00); the official IQM2 (Minutetraq) agenda packet for the meeting; and the official IQM2 minutes. The agenda and minutes govern every proper noun, resolution number, address, dollar figure and outcome; the transcript supplies the discussion and quotations. Amherst holds a companion Town Board work session earlier the same day — where much deliberation occurs — but no separate work-session stream was captured here, so this brief documents the 7:00 PM regular meeting only. (Jane Cox's public comment references that she had her questions answered by the assistant planning director “after the work session today.”)
The board's five-member roster — Supervisor Shawn A. Lavin (chair), Deputy Supervisor Angela Marinucci, and Councilmembers Michael Szukala, John B. Davis and Jack Kavanaugh — is verified against the Town's official Town Board page and reconciled to this meeting's minutes, which record all five present and voting aye on every item. No board-member names carry the verify flag. Names appearing only in the audio — the assistant planning director (audio “Lutowski”/“Yolotowski” → official Daniel J. Ulatowski), residents who spoke, and the honored fire captain — carry the [*] flag and, where possible, were reconciled to the minutes' speaker list. Street/address corrections applied from the official minutes: audio “North Hill Drive” → 299 Northill Dr (Matt Plunkett); “Harlem Road” confirmed as 4584 Harlem Rd (Jane Cox); “Radcliffe Drive” validated as an Amherst street. The street-validation tool flagged “Hill Drive” as ambiguous (resolved to Northill Dr via the minutes) and did not silently rewrite anything.
The opening heroism proclamation was delivered verbally and has no written citation in the agenda packet or minutes, so the fire captain's name, the details of the rescue, and the fire company come only from the audio and are [*]-flagged. The audio rendered the company as “Gatsville”/“Gutsville,” which matches no Amherst company cleanly; it is likely Getzville or Eggertsville, but this brief does not assert which absent an official source. The [*] symbol marks a proper noun reconciled from likely Whisper homophone error against the official record; verify against the Town Clerk's minutes before quoting in any formal communication.