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Patio home talks get nasty, personal
By John J. Hopkins
Tempers flared and accusations flew during Tuesday's Town
Times
Board work session as the developers of a proposed patio home project off Rehm Road expressed frustration at what they perceive as obstacles to the plan.
Sam Tadio's Genesee Engineering hopes to build a 52-unit patio home development on an 8.6-acre parcel of land to the north of Rehm Road.
Along with a zoning change from residential to apartment district, the proposed project requires the granting of several variances from the Zoning Board, and has been before other panels for review including the town planning board, traffic safety committee and environmental advisory committee.
Tuesday's meeting often became chaotic, with arguments sometimes supplanting discussions of the topic.
Joe Cipolla, president of the construction firm Bella Vista Group, said that Genesee Engineering has met all demands, but feels they are "going in circles," being sent from one board to another.
"We feel frustrated," said Cipolla. "We have a project that certain people are not in concert with."
Challenging one point of contention, Cipolla asked how the town can legally require sidewalks on private property.
Cipolla also questioned why Zoning Inspector Daniel Ulatowski compiled an estimate for the project's profitability.
"I don't understand where this is his job," Cipolla said. "And I don't understand where, as a zoning inspector in the Town of Cheektowaga, he has the experience to come up with numbers like this."
Supervisor Dennis H. Gabryszak agreed with Cipolla that Ulatowski's estimate was irrelevant.
Councilmember Thomas M. Johnson countered that a financial hardship must be proven in order to receive zoning variances.
"So Dan Ulatowski addressed the issue of profitability based on the number of homes that could actually be built," Johnson said.
At one point, Joe Cipolla addressed concerns listed in a letter written by a Rehm Road resident.
When Johnson inquired as to whom Cipolla was referring, Joe's father Pat Cipolla replied, "the one you wrote the letter for."
"I didn't write anything," Johnson shot back. The two continued to bicker, throwing accusations of "liar" at each other.
Johnson's position is that the project does not adhere to the town's master plan, and the zoning board would be in violation of New York State law by allowing "significant" changes from ordinance requirements without the developer proving hardship.
Town Attorney Michael Stachowski said that the town's master plan is "inadequate."
Cipolla also addressed a question of a possible conflict of interest on Gabryszak's part. Apparently, there have been accusations that Gabryszak's daughter works for Bella Vista.
"Even if that were true, I don't know that somebody's child's employment is any reason for anyone to recuse himself from a job he's elected to perform," Cipolla said, before adding that Jennifer Gabryszak works as a commercial space leasing representative for a firm owned by Cipolla's sister, Innovative Realty Services Inc.
"Bella Vista is only involved in this project because of our relationship with Genesee Engineering and my father's personal relationship with Sam Tadio," Joe Cipolla added. "Every road block that we've encountered is an eleventh hour, manufactured argument."
Another concern that has been raised by various town officials is that of limited parking, with no options for parking along a narrow road. The road is projected to be only 20 feet wide.
A total of six representatives from the developer's team attended the session, but only three of them spoke.
Residents will have an opportunity to speak about the project Monday at 6:30 p.m. during a public hearing in Town Hall. The hearing precedes a regular meeting of the Town Board.
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