Town of Cheektowaga
Erie County, NY

Resolution
RES-2017-684

Call for Public Hearing -Special Use Permit Request
1050 Maryvale Drive

Information

Department:BuildingSponsors:Councilmember James P. Rogowski, Supervisor Diane Benczkowski
Category:Public HearingFunctions:Special Permits/Rezonings

Body

              WHEREAS, Bell Atlantic Mobile Systems of Allentown, Inc. d/b/a Verizon Wireless has made application with the permission of the land owner, Cheektowaga Maryvale Union Free School District and is requesting a special use permit to erect a micro cell antenna on the building roof of an existing school building at 1050 Maryvale Drive, AND

 

              WHEREAS, the proposed micro cell antenna will have a mounting height of approximately (7.5) seven and one half feet in height above the roof of the subject building, NOW, THEREFORE BE IT 

 

              RESOLVED, that a Public Hearing be held regarding said request under the provisions of the Zoning Law on January 9, 2018 at 7:00 P.M., at the Cheektowaga Town Hall, 3301 Broadway at the corner of Union Road.

             

Notice of Public Hearing

 

              NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town Board of the Town of Cheektowaga, Erie County, New York at the Town Hall in the said Town of Cheektowaga, 3301 Broadway corner of Union Road on January 9, 2018 at 7:00 o'clock P.M., of said day for the purpose of considering the application of:

 

Bell Atlantic Mobile Systems of Allentown, Inc. d/b/a Verizon Wireless

 

for a special use permit to erect a micro cell antenna on the building roof of an existing school building at 1050 Maryvale Drive.

 

All parties in interest and citizens will be given an opportunity to be heard in regard to such proposed application.

 

BY ORDER OF THE TOWN BOARD, Town of Cheektowaga, NY

 

                                                        VICKIE L. DANKOWSKI

                                                        TOWN CLERK

             

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Cheektowaga,  County of Erie, State of new York, being parts of Farm Lots 13 and 14, Township 11, Range 7 of the Holland Land Company’s Survey and more particularly described as follows:

 

BEGINNING at a point in the easterly line of Union Road, as now existing, which point is distant seven and forty-six hundredths (7.46) feet more or less southerly from the intersection of the northerly line of said Lot 13 with the said easterly line of Union Road, as measured along said easterly line; thence easterly along the northerly line of the secondarily described part of the premises conveyed by the County of Erie to Edward J. Lublin and Hilda Lublin, his wife, by deed dated October 20, 1942, and recorded in Erie County Clerk's Office on October, 23, 1942 in Liber 3316 of Deeds at page 366 a distance of one hundred thirty (130) feet; thence south parallel to said East line of Union Road and along the east line of premises so conveyed by said County of Erie to said Lublin and wife, three hundred twenty and sixty-four hundredths (320.64) feet more, or less to the southerly line of the premises conveyed by Charles Ulrich, Referee, to the County of Erie by deed dated January 19, 1940 and recorded in Erie County Clerk's Office on January 24, 1940 in Liber 2951 of Deeds at page 388; thence easterly along said line of the premises so conveyed by said Referee to the said County of Erie, seven hundred twenty-four and thirty-four hundredths (724.34) feet more or less to the west line of the premises acquired by the said County of Erie by tax proceeding in Rem No. 72, Serial 346, and more particularly described in a certain deed to said County of Erie dated and recorded 1 in Erie County Clerk's Office on the 29th day of October, 1947, in Liber 4216 of Deeds at page 411; thence south and parallel to said easterly line of Union Road five hundred thirty-one and sixty-three hundredths (531.63) feet more or less to the south line of the premises so deeded to the County of Erie by said last mentioned deed; thence east along said last mentioned line six hundred twenty-eight and seventy-two hundredths (628.72) feet more or less, to the east line of the premises heretofore referred to deeded to said County by deed recorded in Erie County Clerk's Office in Liber 4216 of Deeds at page 411; thence north parallel to the said east line of Union Road, five hundred thirty-five (535) feet more or less to the south line of the premises deeded by Charles Ulrich, Referee, to the County of Erie by deed dated January 19, 1940 and recorded January 24, 1940 in Erie County Clerk's Office in Liber 2951 of Deeds at page 388; thence east along said south of said premises so conveyed by said Charles Ulrich, Referee, to the County of Erie a distance of three hundred forty-nine and seventy-six hundredths (349.76) feet more or less to a point which is distant, as measured along the said south line, three hundred seventy (370) feet west from the center line of the premises described in a certain deed given by the County of Erie to the Buffalo Niagara Electric Corporation and which deed is dated July 26, 1946 and recorded in Erie County Clerk's Office on December 16, 1946 in Liber 4038 of Deeds at page 225; thence northerly and on a line parallel with said center line of said premises so described in said deed given by the County of Erie to the Buffalo Niagara Electric Corporation and said line extended, one thousand five hundred thirty-two and five tenths (1532.5) feet more or less to the north line of the premises conveyed by Charles Ulrich, Referee, to the County of Erie by deed dated April 23, 1941 and recorded in the Erie County Clerk's Office in Liber 3095 of Deeds at page 337; thence west along the said north line of said premises so conveyed, one thousand six hundred ninety-eight and thirty-seven hundredths (1698.37) feet more or less to the east line of the firstly described part of the premises conveyed by the County of Erie to Edward J. Lublin and Hilda Lublin, his wife, by deed dated October 20, 1942 and recorded in Erie County Clerk's Office on October 23, 1942 in Liber 3316 of Deeds at page 366; thence south along said east line, which said line as also parallel to the east line of Union Road, as now existing, one-thousand one hundred seventy-three (1173) feet more or less to the south line, of the firstly described part of the premises so conveyed by said County of Erie to said Lublin and wife; thence west on a line parallel to the north line of the premises deeded by said Charles Ulrich to said County of Erie and so recorded in Erie County Clerk's Office in Liber 3095 of Deeds at page 337, one hundred thirty (130) feet more or less to the easterly line of said Union Road, as now existing; thence south along said easterly line of said Union Road, sixty-eight (68) feet more or less to the place of beginning.

 

ALSO, THAT TRACT OR PARCEL OF LAND situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot 14, Township 11, Range 7 of the Holland Land Company's Survey being Subdivision Lot 226 and parts of Subdivision Lots 224, 225 and 227 as shown on map known as "Nob-Hill" and filed in the Erie County Clerk' s Office under Cover 1628 and further bounded and described as follows:

 

BEGINNING at the southwest corner of subdivision lot 226 being the intersection of the east line of Union Road (100’ wide) with the south line of land shown on Subdivision Map of "Nob-Hill" filed in Erie County Clerk's Office under Cover 1628, said point of beginning also being two hundred (200) feet southerly from the intersection of the east line of Union Road with the south line of Babcock Pkwy; thence northerly along the east line of Union Road one hundred (100) feet; thence easterly parallel with the south line of the above mentioned Subdivision Lots 224, 225 and 226 two hundred twenty-three (223) feet; thence southerly one hundred and forty-hundredths (100.40) feet to a point in the south line of said Subdivision Lot 224 two hundred thirty and eighty-four hundredths (230.84) feet east of the point of beginning; thence westerly along the south line of said Subdivision Lots 224, 225 and 226 two hundred thirty and eighty-four hundredths (230.84) feet to the point of beginning.

 

ALSO, ALL THAT TRACT AND PARCEL OF LAND, situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot No. 13, Township 11, Range 7 of the Holland Land Company’s Survey, bounded and described as follows:

 

BEGINNING at the northwest corner of Subdivision Lot No. 10 as shown on a map filed in the Erie County Clerk's Office under Cover No. 1748, said point being in the south line of lands conveyed to Helen Burdeete by deed recorded in the Erie County Clerk's Office in Liber 2528 of Deeds at Page 317; thence northerly along an extension northerly of the west line of said Subdivision Lot No. 10, also being along the west line of Subdivision Lots Nos. 2 and 3 as shown on a map filed in the Erie County Clerk's Office under Cover No. 1832, about 56.49 feet to the north line of lands conveyed to Helen Burdeete by deed aforesaid; thence westerly along said last mentioned line about 336.14 feet to the northwest corner of lands conveyed to Helen Burdeete by deed aforesaid; thence southerly along the west line or lands conveyed to Helen Burdeete by deed aforesaid, about 55.91 feet to the southwest corner of said lands conveyed to Helen Burdeete by deed aforesaid; thence easterly along the south line of said lands conveyed to Helen Burdeete by deed aforesaid and along the north line of lands shown on map filed in the Erie County Clerk's Office under Cover No. 1748, about 336.15 feet to the point of beginning.

 

ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot No. 13, Township 11, Range 7 of the Holland Land Company's Survey, bounded and described as follows:

 

COMMENCING at a point in the west line of said Lot No. 13 distant 530.66 feet south of the northwest corner thereof; running thence easterly parallel with the north line of said Lot No. 13 a distance of 371.36 feet to the true point of beginning; thence continuing easterly along said parallel line 500 feet; thence southerly parallel with the west line of Lot No. 13 a distance of 50 feet; thence westerly parallel with the north line of said lot, 500 feet; and thence northerly 50 feet to the point of beginning.

 

ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Cheektowaga, County or Erie and State of New York, being part of Lot No. 13, Township 11, Range 7 of the Holland Land Company's Survey, bounded and described as follows:

 

COMMENCING at a point in the west line of said Lot No. 13 distant 740.66 feet south of the northwest corner thereof; running thence easterly parallel with the north line of said Lot No. 13 a distance of 371.36 feet to the true point of beginning; thence continuing easterly along said parallel line 500 feet; thence southerly parallel with the west line of Lot No. 13 a distance of 50 feet; thence westerly parallel with the north line of said lot, 500 feet; and thence northerly 50 feet to the point of beginning.

 

ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot No. 13, Township 11, Range 7 of the Holland Land Company's Survey, bounded, and described as follows:

 

COMMENCING at a point in the west line of said Lot No. 13 distant 580.66 feet south of the northwest corner thereof; running thence easterly parallel with the north line of said Lot No. 13 a distance of 533.36 feet to the true point of beginning; thence continuing easterly along said parallel line 338 feet; thence southerly parallel with the west line of Lot No. 13, a distance of 110 feet; thence westerly parallel with the north line of said lot, 338 feet; and thence northerly 110 feet to the point of beginning.

 

ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot No. 13, Township 11, Range 7 of the Holland Land Company’s Survey, bounded and described as follows:

 

COMMENCING at a point in the west line of said Lot No. 13 distant 380.66 feet south of the northwest corner thereof; running thence easterly parallel with the north line of said Lot No. 13 a distance of 371.36 feet to the true point of beginning; thence continuing easterly along said parallel line 500 feet; thence southerly parallel with the west line of Lot No. 13 a distance of 50 feet; thence westerly parallel with the north line of said lot. 500 feet; and thence northerly 50 feet to the point of beginning.

 

EXCEPTING AND RESERVING ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot 14, Township 11, Range 7 of the Holland Land Company's Survey, and being a portion of lands now or formerly conveyed to the Common School District No. 2 of the Town of Cheektowaga by deed recorded in the Erie County Clerk’s Office in Liber 4424 of Deeds at Page 27, and a portion of lands now or formerly conveyed to Union Free School District No. 2 by deed recorded in the Erie County Clerk’s Office in Liber 5342 of Deeds at Page 32, being more particularly bounded and described as follows:

 

BEGINNING at a point on the east line of Union Road (width varies) at the southwest corner of Subdivision Lot No. 228 as shown on the Nob - Hill Subdivision filed in the Erie County Clerk’s Office under Map Cover 1628, said point also being the northwest corner of Subdivision Lot No. 50 of the Unionhurst Subdivision filed in the Erie County Clerk’s Office under Map Cover 1658;

 

Thence northerly along the said east line of Union Road, a distance of 100.00 feet to a point;

 

Thence easterly at an interior angle of 89° 18' 33" and parallel with the south line of said Map Cover 1628, a distance of 223.00 feet to a point;

 

Thence southerly at an interior angle of 95° 12' 08”, a distance of 140.40 to a point on the south line of said Map Cover 1628, said point being 230.84 feet easterly from the said east line of Union Road as measured along the said south line of map Cover 1628;

 

Thence easterly at an interior angle of 264° 47' 52” along the said south line of Map Cover 1628 and also along the south line of the North Hills Estates Subdivision filed in the Erie County Clerk’s Office In Map Cover 1805, a distance of 464.71 feet to a point;

 

Thence southeasterly at an interior angle of 105° 05' 12”, a distance of 323.81 feet to a point;

 

Thence southerly at an interior angle of 165° 41' 03”, a distance of 159.82 feet to a point;

 

Thence southwesterly at an interior angle of 101° 32' 16", a distance of 468.37 feet to a point;

 

Thence westerly at an interior angle of 167° 48' 47", a distance of 191.47 feet to the east line of lands now or formerly conveyed to Edward J. and Hilda Lublin by deed recorded in the Erie County Clerk’s Office in Liber 3316 of Deeds at Page 366;

 

Thence northerly at an interior angle of 90° 10' 11” along the said east line of lands conveyed to Lublin, a distance of 572.72 feet to the said south line of Map Cover 1628;

 

Thence westerly at an interior angle of 269° 42' 31” along the said south line of Map Cover 1628, a distance of 130.00 feet the point or place of beginning, containing 358,173 square feet or 8.22 acres of land, more or less.

Meeting History

Dec 12, 2017 7:00 PM  Board Regular Meeting
RESULT:ADOPTED [UNANIMOUS]
MOVER:James P. Rogowski, Councilmember
SECONDER:Diane Benczkowski, Supervisor
AYES:Diane Benczkowski, James P. Rogowski, Gerald Kaminski, Timothy J. Meyers, Christine Adamczyk, Linda Hammer, Alice Magierski

Discussion