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