[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6598540,"mediaKeyId","3033484-7d9abe59557cec673ca6049bb1b054ae","parentId",3033484,"title","Cheektowaga ZBA approves unit placement and Southside driveway, denies Nagel Drive request","audioSeconds",3003,"startMs",1541000,"endMs",4544000,"viewUrl","/Search/View?dp=1&key=3033484-7d9abe59557cec673ca6049bb1b054ae&start=1541&end=4544","thumbnailUrl","https://assets.pipeline.soar.com/3033484-7d9abe59557cec673ca6049bb1b054ae/thumbnail_1541000.jpg","articleUrl","/articles/6598540/Cheektowaga/Erie-County/New-York/Cheektowaga-ZBA-approves-unit-placement-and-Southside-driveway-denies-Nagel-Drive-request","mediaUrl","https://secure.pipeline.soar.com/6598540-09e46e656314758993ea8a98c02c5e70/orig.mp4?Expires=1770972116&Signature=EZZBDJszyvHW4jm-n7TfMxPr7OGW5S~plDj9kugFSh6~346KrG7kVxxEkYYJ8jK62GyIJElX8IXFnzMubYJB6IDdXSK-AQHWgEbsdR4qt5OGggMsspOxnlIO~QNcL7HaMlqrvD7bQCwPuOMw-UX93A6gjreNh8idFKCaHX1FMPyT57qrvDP2hdkWsCOcAe5tIe7LjMH7IlmPSFyZIMnFqMA9zysaev0uz~GX0edvQD4WMQWO51L47zSoW5AMBOImYvKcXw5r6kY3XJ~9oCa5cG2Ab9GPT7IuFq~-2VZa7ZD~EE7bxWpUxh90esPHwlJa9ab3~uqaRYBf~Jrsby7WYQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Cheektowaga, NY","date","2025-04-17T00:27:15.787Z","article","The Cheektowaga Zoning Board of Appeals on Monday handled several property‑specific variance requests, approving two with conditions and denying one.

Variance for outdoor mechanical unit: The board approved a variance for an outdoor mechanical unit with conditions that the unit be moved back between two rear windows and that a front wind baffle (WBPA 3 per the specification sheet) be installed to redirect airflow. The board set a six‑month compliance period so the property owner could wait until weather permitted work that affects the unit’s refrigerant/heat source. Board members recorded ayes and the motion carried.

64 Southside Drive: The board granted a variance to expand an existing driveway to provide two side‑by‑side parking spaces, subject to obtaining a curb‑cut permit from the highway superintendent (Rick Rosniak) before construction. The applicant presented a sketch and photographs, and staff noted a required letter from the highway superintendent will be placed in the zoning file. The board’s vote on the condition was unanimous.

118 Nagel Drive: The board denied a variance requested by Randy J. Walker Jr. for remedial driveway work after finding prior conditions and enforcement action related to complaint tracking number 2023‑2427 and an earlier 2023 variance. Board members noted remedial action ordered after a previous variance had not been completed and that the matter also was pending in court. The board voted to deny the new variance request as presented.

Votes at a glance:
- Mechanical unit variance (move back, add wind baffle, 6‑month compliance): approved (recorded ayes from board roll call). Condition: unit moved between two rear windows; wind baffle model WBPA 3 installed; compliance within six months.
- 64 Southside Drive (driveway expansion): approved with condition (curb‑cut permit from highway superintendent required; letter to be filed).
- 118 Nagel Drive (driveway variance): denied. The applicant had an active enforcement record (complaint 2023‑2427) and a related court appearance on May 19, 2025.

The board’s deliberations included measurements and practical concerns: speakers discussed unit dimensions (30.5 inches wide by 38 inches deep), clearance to property lines and windows, air‑clearance needs around fixed objects, and whether relocation would require moving gas lines or other utility work. For the Southside driveway, the board emphasized the contractor must secure the highway department curb‑cut letter and that the letter become part of the zoning record.

On procedural questions, staff (Dan Young) advised applicants the curb‑cut letter typically is sent to the applicant from the department; applicants were told to keep that letter in their records because it is a condition of the zoning approval.","mediaType","Video","parentTitle","TOC / Zoning Board of Appeals (ZBA)","oneSentenceSummary","The Zoning Board approved a variance with conditions to move a mechanical unit back and add a wind baffle, approved a driveway expansion at 64 Southside Drive conditional on a curb‑cut permit, and denied a variance for 118 Nagel Drive.","taxTitle","Cheektowaga, Erie County, New York","taxId",56246,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6598545,"Zoning board denies above-ground fuel tank variance, refers code change to town board",1223,2403000,3626000,"/Search/View?dp=1&key=3033484-7d9abe59557cec673ca6049bb1b054ae&start=2403&end=3626","https://assets.pipeline.soar.com/3033484-7d9abe59557cec673ca6049bb1b054ae/thumbnail_2403000.jpg","/articles/6598545/Cheektowaga/Erie-County/New-York/Zoning-board-denies-above-ground-fuel-tank-variance-refers-code-change-to-town-board","https://secure.pipeline.soar.com/6598545-aa72be2dd7c9d57d254d56b71328f7d9/orig.mp4?Expires=1770972116&Signature=Xb88YY0TBHIODHV9uCc63rNz4HHBM-DEtovyKHWL9YKiyCJ1KqLQzd-cAmVcKzp3GxRdWepSGEHw6lPJpeKfMze8xXHLVEht3lGZ3CRgNprzyN6YeaTqAves9HvyRkLwLAWk9kupvX0Foqr1pR7lWX7fuIXux-uLwUu7f~8uxbedAvATJfLYJjz8R-sdu~rQmz1LskvB5AELKM5UNd1rpDCEkvitYlr2Kz6NfDMDoLsf8lxxUdFPlncp8Is5lIykNG-uMmIGFMNh2-urKAVQ4TbrwjtlQlzsnKbP8xGTxUAcbP~WM7xiNZUsoysZoi7t-v01-GE1rTa3Va93Pyz8Rg__&Key-Pair-Id=KUT5TJCACFTXG","The Cheektowaga Zoning Board of Appeals on Monday denied a use-variance request to allow an above‑ground fuel tank at a property on Genesee Street and voted to refer the issue to the Cheektowaga Town Board for possible code changes.

Applicant representative David Piercy of JD2 Environmental told the board the proposed above‑ground tank met the New York State Fire Code (based on the International Fire Code) and that the product has undergone extensive testing. He said above‑ground tanks are inspectable and in use at multiple local properties registered with the New York State Department of Environmental Conservation (DEC).

Board members said they were sympathetic to the applicant’s safety arguments but concluded the zoning board did not have the authority to make a broad policy change by granting the requested variance. A recurring point from board members was that a code amendment from the Town Board — not an individual zoning variance — is the appropriate mechanism to address the town’s rules on above‑ground tanks.

Andrew Rack of Serafini Construction and other speakers described existing above‑ground tanks at local businesses and noted DEC registrations; Rack said his firm had worked with environmental engineers and that temporary tanks are used on job sites under containment. Piercy said the township’s existing code has not been updated in years and that insurance and aging underground tanks are prompting interest in replacements.

After discussion the board moved to deny the variance and refer the topic to the Town Board for review of the zoning code. The board’s recorded answers on the motion were: Mr. Miranda — aye; Ms. Warchock — aye; Ms. Ault — aye; Mr. Kenny Young — abstain. The motion to deny carried.

The board advised members of the public that a petition to change the town code must be brought before the Town Board (for example, via the petitions committee) and that residents may attend and speak at town board meetings to request a code change.

The denial does not itself prohibit future applications; board members said the Town Board could adopt an explicit standard that would allow above‑ground tanks under specified conditions. The board also noted that DEC registration and state fire code compliance would be part of any technical review, but emphasized the zoning questions are for the Town Board to resolve.

Votes at a glance: Denial of use variance for Genesee Street (motion passed; recorded ayes: Miranda, Warchock, Ault; abstain: Kenny Young).","The Cheektowaga Zoning Board of Appeals denied a use-variance request for an above-ground fuel tank at a Genesee Street property and urged the town board to consider updating zoning rules to address above‑ground tanks.","actionData","errors"]

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Cheektowaga ZBA approves unit placement and Southside driveway, denies Nagel Drive request

Zoning board denies above-ground fuel tank variance, refers code change to town board