APPROVE SPECIAL USE PERMIT- 1753 WALDEN AVENUE
WHEREAS, Chick-fil-A, Inc., pursuant to Section 260-47.1C of the Zoning Law of the Town of Cheektowaga, has submitted a development review application and requested a Special Use Permit to construct an accessory drive thru window for a proposed restaurant at 1735 Walden Avenue, AND,
WHEREAS, a public hearing was held before the Cheektowaga Town Board on the 12th day of September, 2017 at 7:00 pm of said day for the purpose of considering said application for the Special Use Permit, after publication and service of the notices required by the provisions of the 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 recommended approval of this Special Use Permit; and
WHEREAS, this Town Board previously issued a Negative Declaration under SEQRA for this project; NOW, THEREFORE BE IT
RESOLVED, that the aforesaid Special Use Permit be and hereby is granted.
LEGAL DESCRIPTION FOR SPECIAL USE PERMIT
ALL THAT TRACT OR PARCEL OF LAND, situate, lying and being in the Town of. Cheektowaga, County of Erie, and State of New York, being part of Lot 24, Township 11, Range 7 of the Holland Land. Company's Survey and more particularly bounded and described as follows:
Beginning at a point in the southerly line of lands taken by the State of New York for the "Walden Avenue Extension" as described in Notice of Appropriation recorded in Erie County Clerk's Office in Liber 4614 of Deeds at page 504, said point being the intersection formed by said southerly line of Walden Avenue with the division line between the lands now or formerly of the lands of TFM of NY, LLC (Book 11112, Page 8050 on the west and the lands now or formerly of Team R n' B New York, LLC (Book 11115, page 9324) on the east; Thence from said point of beginning and along said division line, the following four courses: 1) South 00° 00' 00" E a distance of 199.29 feet to a point; 2) South 90°00' 00" E a distance of 77.00 feet to a point; 3) South 67°20' 56" E a distance of 66.53 feet to a point and 4) South 90°00' 00" E a distance of 111.50 feet to a point in the westerly line of Anderson Road being 60 feet wide as conveyed to Town of Cheektowaga by Deed recorded in Erie County Clerk's Office in Liber 6222 of Deeds at page 699; thence along the same North 00° 00' 00" E a distance of 192.91 feet to a point; thence along the lands appropriated by the State of New York (Liber 11300, page 9181), the following four courses: 1) South 89°59'31" West, 5.02 feet to a point; 2) North 09°11'44" West, 53.42 feet to a point; 3) North 19°50'03" West, 40.33 feet to a point and 4) North 71°22'21" West, 17.42 feet to a point; thence in a easterly direction and along the aforesaid southerly line of Walden Avenue, the following two courses: 1) South 69°00'49" West, 100.74 feet to a point and 2) South 75°54' 11" W a distance of 115.57 feet to the point or place of beginning, containing 1.394 acres, more or less.