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