WHEREAS, an application was submitted by DePaul Properties, Inc. for the rezoning of 2224, 2228 and 2240 Old Union Road from CF- Community Facilities to RA- Apartment District to allow for the construction of (2) two three story (40) forty unit apartment buildings and the construction of a (2) two story, 15 unit addition to an existing apartment building, AND
WHEREAS, a public hearing on such petition was held before this Town Board on the 10th, day of October, 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, the subject property is currently developed and utlized by Depaul Properties, Inc., a non profit organization that provides for special residential services, including memory care and mental health support, AND
WHEREAS, an existing Payment In Lieu of Tax Agreement (P.I.L.O.T.) is currently in effect for the existing premises, AND
WHEREAS, the applicant has agreed to re-negotiate the P.I.L.O.T. agreement with the Town, to offset any future cost of Town provided services as a result of the new project, 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 DePaul Properties, Inc. for the rezoning of 2224, 2228 and 2240 Old Union Road from CF- Community Facilities to RA- Apartment District as further described in the attached legal description is the same is hereby approved, 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 the Town of Cheektowaga, County of
Erie, State of New York, and is more particularly described as follows;
Beginning at a point on the northwesterly right-of-way line of Old Union Road, said point being the intersection formed by the said right-of-way of Old Union Road and the south line of Town Lot 88 and being further described as being the southeast corner of a parcel of land conveyed to DePaul Properties, Inc. in a deed filed in the Erie County Clerks’ Office, Liber 10970 of Deeds, Page 8956,
thence, Northeasterly forming an interior angle of 133°32’02” along the northwest right-of-way line of Old Union Road a distance of 512.72 feet to a point, thence, Northwesterly forming an interior angle of 90°00’00” a distance of 192.06 feet to a point, thence, Westerly forming an interior angle of 136°24’35” a distance of 500.00 feet to a point, thence, Southerly forming an interior angle of 90°00’00” a distance of 87.79 feet to a point, thence, Southeasterly forming an interior angle of 117°37’55” a distance of 194.50 feet to a point, thence, Southerly forming an interior angle of 225°51’30” a distance of 105.50 feet to a point, thence, Southwesterly forming an interior angle of 240°06’00” a distance of 176.38 feet to a point, thence, Southerly making an interior angle of 136°27’58” a distance of 96.68 feet to a point, thence, Easterly making an interior angle of 90°00’00” a distance of 205.00 feet to the point and place of beginning.
Intending to describe a parcel of land situated on the northwesterly side of Old Union Road, containing 4.465± acres of land to the right-of-way, Town of Cheektowaga.