Zoning board renews Student Transportation's temporary permit, conditions work on zoning text

Ari Goldberg, an attorney with Barclay Damon LLP, told the Cheektowaga Zoning Board of Appeals that Student Transportation of America remains a long-term tenant at 850 Aero Drive and cannot easily pursue a rezoning because any downzoning would require landlord consent. Goldberg asked the board to renew the long-standing temporary use permit that allows commercial fleet storage and servicing at an M2 general manufacturing site where bus storage is not an explicit permitted use.

Goldberg said the company had tried prior avenues — including a zone-text amendment — but that staff turnover and administrative changes stalled the effort. "In recognition of those extraordinary circumstances, I think it makes sense to take extraordinary action by the zoning board of appeals, and once again, issue a temporary use permit for this business in the town of Cheektowaga," Goldberg said, noting the tenant has invested in site improvements and is a local employer.

Board members acknowledged the permit has been renewed repeatedly and pressed Goldberg on whether the applicant has a plan to seek a permanent fix through the town's zoning process. Mr. Young moved to grant a two-year extension through June 30, 2028, with a condition that the applicant contact the town attorney or planner and work toward a zoning-text change to allow fleet storage in the M2 district; the motion was seconded and passed by voice vote.

The board limited the renewal to Student Transportation and emphasized the temporary nature of the permit while the applicant and town explore a longer-term regulatory solution. The board recorded the vote in favor and advised follow-up with planning staff on next steps.