Cheektowaga Zoning Board tables two fuel-tank requests, tables or denies several variance requests

The Town of Cheektowaga Zoning Board of Appeals on April 3 reviewed multiple variance and use-permit requests and took separate actions: it tabled two proposals to install above-ground fuel storage tanks pending town-board/code review; tabled a homeowner heat-pump placement for further documentation; denied a request to allow parking in front of a converted garage at 35 Ruth Drive; and deferred a developer parking-variance request for Midtown Apartments to the planning board for revised site review.

Why it matters: several items raise public safety, traffic and neighborhood-impact questions. The above-ground fuel storage requests implicate state and fire-code standards now memorialized in DEC and NFPA guidance, the converted-garage decision affects a property-maintenance and zoning enforcement case, and the Midtown Apartments parking request drew concerns about traffic near a nearby elementary school.

Above-ground fuel tanks: two applicants asked to replace existing underground tanks with above-ground, double-walled storage. David Piercy of JD2 Environmental spoke for Hertz Realty Corporation at 4193 Genesee Street and described a 6,000-gallon, double-walled, continuously monitored tank with secondary containment and electronic alarms. He said the design follows industry practice and the New York State fire code; he also said monthly inspections and annual testing records would be kept. The board and staff noted the town’s current zoning code requires tanks to be underground and that the building department recommended a special-use permit and town-board review because the town does not have an existing code framework for above-ground tanks. The board tabled the request for further study and directed the applicant to consult with town planning, the fire department and the DEC before return.

A second applicant seeking to replace a 10,000-gallon underground tank at 3529 Broadway made similar technical arguments and said the underground tank is at the end of its certification period. Board members again cited the lack of a specific local code that contemplates above-ground tanks; the item was tabled and the applicant was directed to work with town planner Dan Young on next steps, including possible town-board action to amend local rules.

Midtown Apartments parking request (6386 Transit Road): Joe Young of Young Development asked the board for a variance to add 35 parking spaces adjacent to the front of two buildings at Midtown Apartments, citing leasing difficulty for the two buildings and calling the expansion a remedy for tenant convenience. Several residents and board members raised pedestrian and traffic-safety concerns because Transit Road is a busy state route, there is an elementary school across the street and parent drop-off activity occurs during peak hours. Questions included whether the new strip would reduce the existing two-way drive lane, the distance between front-row spaces and the sidewalk, effects on green space, and whether landscaping islands could soften the frontage. The building inspector recommended the applicant return to the planning board for a revised site plan; the ZBA voted to table the variance and require planning-board review before the ZBA considers the variance again.

35 Ruth Drive (garage-to-kitchen conversion): the applicant sought a variance to park in front of the principal dwelling where a garage had been converted into a kitchen. The board found the structure now forms part of the principal dwelling and concluded parking in front of the converted garage would violate the Town zoning requirement that prohibits parking in front of the principal dwelling. The board voted to deny the requested variance, and the applicant was told a town letter explaining the decision would follow within 7–14 days.

95 Hemingway Road (heat-pump placement): the owner said a Mitsubishi heat pump already had been installed within the five-foot setback to the property line because site constraints limited alternative locations. Neighbors and some board members raised concerns about proximity to an adjacent driveway, snow-plow impacts, and long-term liability if a vehicle struck the unit. The board asked the applicant to return with additional documentation from the installing contractor (Salino Plumbing) on mounting options, alternative bases, and any manufacturer guidance about wall-mounting or alternative supports. The item was tabled for one month to allow the applicant to provide additional options and specifications.

Other business and process notes: the board repeatedly emphasized it enforces the local zoning code and cannot rewrite town law; several applicants were directed to consult the town planner and, for the fueling proposals, the fire chief and town engineer. For cases where contractors installed work prior to permits, board members noted recurring cases where installers advised owners work did not require town review; the board said that does not relieve the owner of compliance or enforcement risk.

Votes at a glance - Calvert/Caliber Collision (vehicle-use area variance, Genesee Street): variance granted with conditions (town access to pump station and EAC/Planning concurrence). Vote recorded as ayes by named members in the transcript (see provenance). - 6386 Transit Road / Midtown Apartments (parking variance, 35 spaces): tabled; applicant directed to return with revised site plan to the Planning Board for review. - 35 Ruth Drive (variance to allow parking in front of converted garage): denied (board members voted to deny). - 95 Hemingway Road (heat-pump placement within 5-foot setback): tabled for further documentation from contractor and manufacturer. - 4193 Genesee Street & 3529 Broadway (above-ground fuel-tank requests): both tabled pending town-board/code review and input from fire, planning and DEC. - 118 Nagle Drive (driveway/flatwork within setback): tabled for one month; case is also in enforcement/court for prior noncompliance.

What’s next: applicants were told to consult the town planner (Dan Young), the building department and, for fuel-storage proposals, the fire department and DEC; several items will be re-noticed to the ZBA after the planning-board or town-board steps recommended by staff.

Speakers quoted in this summary are identified in the meeting record and appear in the speaker list accompanying this article.