Depew Zoning Board grants Strickland Automotive fence variance after resident alleges permit noncompliance

The Village of Depew Zoning Board of Appeals voted 4–0 to grant an amended area-variance that will allow Strickland Automotive to locate a fence closer to the property line at 0 Humboldt Place. The decision followed staff explanation of required parcel consolidation and a resident’s public comments alleging prior permit noncompliance.

Josh King, representing Strickland Automotive, told the board he was seeking relief for fence height and placement because utility lines along River Street and Humboldt Place require the fence to be located so utilities remain outside the enclosure. "We're asking for variance on behalf of my client," King said during his presentation.

The board’s code enforcement officer summarized pre-board discussions and said the applicant will move the fence, remove old shrubs, cut the fenced corner to a 45-degree line for sight distance, and combine two parcels into one. The officer said enforcement had issued a violation letter and that the applicant had ordered new lights and agreed to tilt them downward to reduce glare.

Neighbor Paul Kemsky of 39 Humboldt told the board he had repeatedly raised concerns about the property’s condition, saying the owner had delayed required work after an earlier special-use permit and that fluids from stored vehicles — including antifreeze, diesel and gasoline — were not properly contained. "Antifreeze is a big problem," Kemsky said, and he said waste oil containers on the lot appeared uncontained and that yard lighting shone into his home.

Staff responded that the issues Kemsky raised had been discussed in pre-board sessions and that there is a timeline tied to enforcement steps; they said unresolved matters such as lighting and permit compliance could be brought to the Village Board and could lead to revocation of the special-use permit if not corrected. The board emphasized that the ZBA’s authority for this item was limited to deciding the fence setback variance.

Acting Chairman Delaney read the six statutory area-variance criteria required under New York State law and confirmed, after discussion, that the board would allow 6 feet of relief from the Humboldt Place setback and no relief from the River Street setback. Member Yarborough moved to approve the amended variance; Member Galvin seconded. Roll-call votes from Galvin, Overholt, Yarborough and Acting Chairman Delaney were all recorded as "yes."

The board’s approval covers the variance request as amended; King later withdrew a separate variance item after saying he had found an alternate way to meet regulations. The board’s decision does not itself resolve the compliance and environmental concerns raised by the neighbor; staff advised the resident to pursue those matters at the Village Board or through enforcement channels.