WHEREAS, Young Development Inc. has made application with the permission of the land owners, David E. Knauss and Gene Di Rosa and has requested the rezoning of 4714, 4720 and 4728 Transit Road from NS- Neighborhood Services to RA- Apartment District for the construction of four (4) ten unit apartment buildings , AND
WHEREAS, a public hearing on such petition was held before this Town Board on the 22nd, day of August, 2017 at 7:00 P.M., after publication and service of the notices required by the provisions of the Code of the Town of Cheektowaga (“Zoning Law”), and the Town Law; and all interested parties were given an opportunity to be heard at such hearing, AND
WHEREAS, the Cheektowaga Planning Board has reviewed such application and has recommended approval thereof, AND
WHEREAS, this Town Board previously issued a Negative Declaration under SEQRA and the Town Environmental Impact Review Ordinance for this rezoning, NOW, THEREFORE, BE IT
RESOLVED, that the application of Young Development Inc. for the rezoning of 4714, 4720 and 4728 Transit Road from NS- Neighborhood Services to RA- Apartment District as further described in the attached legal description is the same is hereby approved, and BE IT FURTHER
RESOLVED, that the applicant has offered the following condition of this approval, which this Town Board accepts, as it provides a visual and aesthetic buffer to the adjacent less intensive residential land uses to the west and further protects beneficial natural resources identified by the Town as important to the entire community:
1. The westernmost seventy feet (70’) of the Project Site as depicted on the Concept Plan prepared by Carmina Wood Morris DPC [Drawing C-100 - Date: 08/15/17] shall be designated as Permanent Open Space that shall not be developed or utilized as principal buildings, accessory buildings, roadway(s) or parking spaces and with the exception of the removal of dead or diseased trees within the Permanent Open Space, the existing mature trees within the Permanent Open Space shall be preserved. Construction activities within the Permanent Open Space shall be prohibited. In order to ensure the permanent protection of the Permanent Open Space, a Declaration of Restrictions Declaration of Restrictions shall be recorded at the Erie County Clerk’s Office once the Project Sponsor closes on the purchase of the Project Site. The content of the Declaration of Restrictions shall be reviewed and approved by the Town Attorney’s Office before the Declaration of Restrictions is recorded at the Erie County Clerk’s Office. A recorded copy of the Declaration of Restrictions and the recording receipt shall be provided to the Town Attorney’s Office, the Building Department, the Town Clerk’s Office and the Town Board immediately upon recording at the Erie County Clerk’s Office.
And BE IT FURTHER,
RESOLVED, that any future additions to the development or site plan must be resubmitted to the Town Board to determine whether the addition is substantially in agreement with the intent of this rezoning and site plan approval, and BE IT FURTHER
RESOLVED, that the Zoning Map and Law of the Town of Cheektowaga be amended in accordance with the above.
All that tract or parcel of land situate in Town of Cheektowaga, County of Erie, and State of New York, being part of Lot Number 42, Township 10, Range 7 of the Buffalo Creek Reservation, bounded and described as follows:
Beginning at a point in the center line of Transit Road, said center line being the east line of Lot Number 42, at a point 225.0 feet north of the south line of Lot Number 42; Thence westerly along a line parallel to the south line of said Lot, a distance of 50.01 to the True Point and Place of Beginning said point being on the westerly line of Transit Road; Thence continuing westerly along a line parallel to the south line of said Lot, a distance of 384.55 feet to the southeasterly corner of lands on map file in Erie County Clerk's Office under Cover Number 2273; Thence northerly along the easterly line of said subdivision map, a distance of 549.20 feet to a point; Thence easterly along the southerly line of said subdivision map, a distance of 385.0 feet to a point on the westerly line of Transit Road; thence southerly and along the westerly line of Transit Road, a distance of 547.87 feet to the point and place of beginning; Parcel containing 4.845 acres of land, more or less.