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Cheektowaga ZBA denies Empire FCU use-variance request for 0 Chrisfield
Summary
The ZBA denied a requested use variance sought by Empire FCU (represented by Kelly Sizer) to allow commercial office use on two residential-zoned parcels at 0 Chrisfield; the board said the applicant did not meet New York State criteria for a use variance.
The Cheektowaga Zoning Board of Appeals unanimously denied a use-variance request from the applicant representing Empire FCU for two parcels at 0 Chrisfield Avenue that are zoned residential. The bank had asked to establish a small office/administrative use on the parcels and described financial hardship if the lots remained restricted to residential use.
Mr. Kenny Young, reading the application, told the board the request required proof under New York law that the property cannot yield a reasonable return under permitted uses and that hardship is not self-created. The board reviewed the applicant’s financial statements and purchase history and said the documentation provided did not meet the strict statutory criteria for a use variance under state law. The board also noted the parcels are part of a previously discussed mixed-use assemblage and said the town board — not the ZBA — has authority to rezone parcels if that is the chosen remedy.
A resident from 278 Chrisfield spoke during public comment, recounting earlier public presentations in 2022 when developers said adjacent areas would not be affected and said neighbors now fear future changes. The resident said correspondence and visuals shown previously had reassured neighbors; she said that, with the parcels now owned by the applicant, neighbors were concerned about potential alternate development plans.
After deliberation, the board adopted a motion to deny the variance request. Board members advised the applicant that options remain: provide substantive market evidence to meet the state’s four-part test in a future filing or pursue rezoning with the town board.
Votes recorded: the board approved the motion to deny with all members voting in favor.
