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Zoning Board OK's patio home project
By a 3-2 count the Cheektowaga Zoning Board of Appeals approved a rezoning request from a developer who plans to build a 52-unit patio home complex on land off Rehm Road.
The split decision allows Sam Tadio to build the homes on an 8.8- acre parcel of land.
The project has been scrutinized since its inception by some town officials because of several variances required in order to accommodate the plan.
Among the variances approved by the decision is allowing for only five feet between homes and adjacent side yards, when 15 feet is required, and road setbacks of 25 feet, when 30 feet is required.
Rear yard setbacks will average 14 feet, less than half required by the town zoning code.
Zoning Board members Jane Wiercioch and John Ptak cast the dissenting votes.
Robert Brandon and James Speyer voted in favor of the variances. Zoning Board Chairman Andrew Kulyk broke the deadlock by siding with Brandon and Speyer.
Councilmember Thomas M. Johnson, a vehement opponent of the project from the start, said he was "very disappointed but not surprised" that the Zoning Board approved the project.
"I still believe that political connections with the developer and Sam Tadio, the property owner, dictated the process of approval through the Town Planning Board, Town Board and Zoning Board of Appeals. Despite the project's deficiencies and substantial differences from the zoning being sought," Johnson said.
The Zoning Board had called a special meeting for September 28 to vote on the matter, but the meeting was cancelled when one of the board members could not attend.
The Times has learned that Robert Brandon was the member who was unable to attend. His absence would have resulted in a tie vote.
Brandon is reported to be a key figure in the Town Democratic Party.
Tadio received support from Pat and Joe Cipolla of the Bella Vista Group during many of the proceed- ings and deliberations. In many cases, Tadio sat in the background while the Cipollas spoke on his behalf.
Johnson said that the zoning board's decision could impact future decisions across New York State.
"It may set a precedent across the State of New York for the quantity of area variances approved, as well as a precedent within the town for variances affecting all types of residential zoning," Johnson said.
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