ERIE COUNTY
NOTICE OF MEETING
TOWN OF CHEEKTOWAGA
ZONING BOARD OF APPEALS
Meeting: 5/20/2026
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Cheektowaga will hold a Public Hearing on 5/20/2026 at 7:00 P.M. at the Cheektowaga Town Hall, Council Chambers, 3301 Broadway, Corner of Broadway and Union Roads, to consider the following applications for Variances, Temporary or Special Permits, and/or Zoning Law Interpretations under the Zoning Law pursuant to Article IX of the Zoning Law of the Town of Cheektowaga. All meeting information is posted on the Town website, www.tocny.org under “News & Announcements” one week prior to the scheduled meeting date.
Temporary Permit requested by Superior Tent Rentals c/o American Promotional Events/LLD Enterprises
For property located at 3825-3865 Union Road
The applicant, American Promotional Events East d/b/a TNT Fireworks, is requesting a Temporary Use Permit for an outdoor sales display at 3825-3865 Union Road, Cheektowaga, NY 14225 SBL# 102.08-3-1, which is a C-Retail Business Zoning District, whereas, zoning law does not permit outdoor sales in that district.
Area Variance requested by Anthony J. Pandolfe, PE of Carmina Wood Design/1593 Walden, LLC
For property located at 1593 Walden Avenue; 1492, 1496 & 1500 Dale Road
Chapter 260, Article III, Section 260-32(C)(1)
WHEREAS, Anthony J. Pandolfe of Carmina Woods Design on behalf of 1593 Walden LLC for local project 2026-1077 at the lead parcel of 1593 Walden, Cheektowaga, NY 14225, SBL 102.14-4-1.12*, proposes a front yard setback of 43.43 feet, whereas the local law requires a front yard setback of 50 feet from the lot line.
Chapter 260, Article V, Section 260-43(B)(2)
WHEREAS, Anthony J. Pandolfe of Carmina Woods Design on behalf of 1593 Walden LLC for local project 2026-1077 at the lead parcel of 1593 Walden, Cheektowaga, NY 14225, SBL 102.14-4-1.12*, proposes a parking setback from the street line of 2.49 feet, whereas the local law requires a setback of 25 feet from the street line.
*Applicant proposes the merging of four parcels with the first of the following being the lead parcel:
-1593 Walden Avenue, Cheektowaga, NY 14225, SBL 102.14-4-1.12
-1500 Dale Road, Cheektowaga, NY 14225, SBL 102.14-4-1.11
-1496 Dale Road, Cheektowaga, NY 14225, SBL 102.14-4-4
-1492 Dale Road, Cheektowaga, NY 14225, SBL 102.14-4-5
Area Variance requested by Peter J. Sorgi, Esq. as Project Attorney for AC Power 48 LLC
For property located at 3695 Broadway
Chapter 260, Article VI, Section 260-59(F)(1)(b)
WHEREAS, Attorney Peter J. Sorgi representing the applicant AC Power 48 LLC on behalf of the owner Ingersoll-Rand Company for local project 2026-1268 at the lead parcel of 3695 Broadway, Cheektowaga, NY 14227, SBL 103.17-1-19, proposes a security fence height of 7 feet as required by Section 110.31 of the National Electric Code, WHEREAS the local law requires a fence height of 3.5' feet in any required open space.
Chapter 260, Article VI, Section 260-59(F)(3)(a)
WHEREAS, Attorney Peter J. Sorgi representing the applicant AC Power 48 LLC on behalf of the owner Ingersoll-Rand Company for local project 2026-1268 at the lead parcel of 3695 Broadway, Cheektowaga, NY 14227, SBL 103.17-1-19, proposes a security fence height of 7 feet as required by Section 110.31 of the National Electric Code, WHEREAS the local law requires a fence height in any rear or side yard to not exceed 6' feet in height.
Area Variance requested by Matthew C. Edwards, AIA,Buffalo Construction Consultants/Niagara Transformer
For property located at 1755 Dale Road
Chapter 260, Article IV, Section 260-37(C)(4)
WHEREAS, Buffalo Construction Consultants on behalf of the owner Niagara Power Transformer Co. for local permit 2026-1294 at the lead parcel of 1755 Dale Road, Cheektowaga, NY 14225, SBL 102.03-3-6.1, proposes a zero foot side yard setback for a loading area that crosses parcels, whereas the local law requires a 10 foot setback for any parking, loading, and stacking area.
Area Variance requested by Matthew C. Edwards, AIA,Buffalo Construction Consultants/Niagara Power Transformer
For property located at 1755 Dale Road
Chapter 260, Article IV, Section 260-37(C)(1)
WHEREAS, Buffalo Construction Consultants on behalf of the owner Niagara Power Transformer Co. for local permit 2026-1295 at the lead parcel of 1755 Dale Road, Cheektowaga, NY 14225, SBL 102.03-3-6.1, proposes a 32.6-foot front yard building setback whereas the local law requires a 50-foot front yard setback.
Chapter 260, Article IV, Section 260-37(C)(2)(a)
WHEREAS, Buffalo Construction Consultants on behalf of the owner Niagara Power Transformer Co. for local permit 2026-1295 at the lead parcel of 1755 Dale Road, Cheektowaga, NY 14225, SBL 102.03-3-6.1, proposes an 8.8 foot side yard building setback whereas the local law requires a 15-foot side yard building setback.
Chapter 260, Article VI, Section 260-59(F)(1)(a)
WHEREAS, Buffalo Construction Consultants on behalf of the owner Niagara Power Transformer Co. for local permit 2026-1295 at the lead parcel of 1755 Dale Road, Cheektowaga, NY 14225, SBL 102.03-3-6.1, proposes a path of circulation within the front yard whereas the local law does not consider such a permitted obstruction in a required open space.
Area Variance requested by Matthew C. Edwards, AIA, Buffalo Construction Consultants/Niagara Power Transformer
For property located at 1747 Dale Road
Chapter 260, Article VI, Section 260-59(F)(1)(a)
WHEREAS, Buffalo Construction Consultants on behalf of the owner Niagara Power Transformer Co. for local permit 2026-1296 at the lead parcel of 1747 Dale Road, Cheektowaga, NY 14225, SBL 102.03-3-6.1, proposes a path of circulation within the front yard whereas the local law does not consider such a permitted obstruction in a required open space.
Chapter 260, Article IV, Section 260-37(C)(4)
WHEREAS, Buffalo Construction Consultants on behalf of the owner Niagara Power Transformer Co. for local permit 2026-1296 at the lead parcel of 1747 Dale Road, Cheektowaga, NY 14225, SBL 102.03-3-6.1, proposes a zero foot side yard setback for a loading area that crosses parcels, where the local law requires a 10 foot setback for any parking, loading, and stacking area.
Temporary Permit requested by Barclay Damon LLP, Ari M. Goldberg, Esq/Student Transportation of America
For property located at 850 Aero Drive
The applicant, Ari Goldberg, Esq. of Barclay Damon, LLP, representing Student Transportation of America for the parcel at 850 Aero Drive, SBL# 81.04-1-22, is seeking to renew the Temporary Use Permit for the use of commercial automotive fleet storage and servicing, of which is not a permitted use within an M2-General Manufacturing District.
Area Variance requested by Amanda Bartle
For property located at 39 Wilshire Road
The applicant, Amanda Barete, of 39 Wilshire Road, SBL# 80.19-5-29, proposes a three (3) foot driveway expansion that will be one (1) foot from the property line, whereas, zoning law requires a minimum of five (5) feet.
Area Variance requested by Marcus Cline, Jennifer Hoffman
For property located at 84 Kilbourne Road
The applicant, Marcus Cline of 84 Kilbourne Avenue, SBL# 102.23-3-6, is proposing the construction of a detached garage which will be fourteen (14) feet in height, whereas, zoning law states the maximum height of any accessory structure is twelve (12) feet.
Area Variance requested by Kelly McEvoy
For property located at 158 Seton Road
The applicant, Kelly McEvoy, of 158 Seton Road, SBL# 91.10-1-10, proposes an expansion of a portion of the driveway that will be .6’ from the property line, whereas, zoning law requires a minimum of five (5) feet.
Area Variance requested by Brian M. Papero Jr.
For property located at 80 Milsom Avenue
The applicant, Brian Papero of 80 Milsom Avenue, SBL# 113.47-3-14, proposes a six (6) foot fence in the required side yard, whereas, zoning law permits a maximum height of three and one half (3.5) feet.
Temporary Permit requested by Julius A. Hatten
For property located at 1258 Walden Avenue
The applicant, Julius Hatten, of 1258 Walden Avenue, SBL# 102.53-4-20, is requesting a Temporary Use Permit for an outdoor hot dog cart located on a corner of the property, whereas, zoning law does not permit any outdoor sales in a C-Retail Business Zoning District.
Area Variance requested by Kelly M. Smith-Mary
For property located at 11 Gregory Court
The applicant, Kelly Smith-Mary of 11 Gregory Court, SBL# 114.16-5-14, is proposing a driveway expansion that is four (4) feet in front of the principal dwelling, whereas, zoning law does not permit it.
Use Variance requested by Derrick C. Warburton Sr.
For property located at 280 Pine Ridge Road
The applicant, Derrick Warburton, of 280 Pine Ridge Road, SBL# 101.36-5-5, is seeking a Use Variance for the property, which is zoned R-Residence District, for uses allowe
