NOTICE OF ADOPTION
Approval of Rezoning - 2480 & 2490-2550 Walden Avenue
Publish 8/9/2012
Document RES-2012-412
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              WHEREAS, Benderson Development Company, LLC petitioned for a rezoning from M1-Light Manufacturing District to CM-General Commercial District for property owned by it and located at 2480 Walden Avenue and 2490-2550 Walden Avenue, Cheektowaga, New York, which property is described in the attached legal description, for commercial/retail/restaurant use, and

 

              WHEREAS, a public hearing on such petition was held before this Town Board on the 20th day of June, 2011 at 6:30 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 Benderson Development Company, LLC for the rezoning from M1-Light Manufacturing District to CM-General Commercial District of the property described in the attached legal description be and the same is hereby approved, subject to the following conditions:

 

1.              The actual development or site plan must be submitted to this Town Board for approvals.

 

and BE IT FURTHER

 

              RESOLVED, that the Zoning Map and Law of the Town Of Cheektowaga be amended in accordance with the above.

 

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LEGAL DESCRIPTION

 

LEGAL DESCRIPTION OF LANDS TO BE REZONED

 

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. 11, Township 11 and Range 7 of the Holland Land Company's Survey and being further bounded and described as follows:

 

BEGINNING at a point in the east line of Lot No. 11 distant 140 feet south of its intersection with the south line of Zoerb Avenue as laid out on a map filed in the Erie County Clerk's office under Map Cover No. 2146;

Thence westerly, parallel with the south line of Zoerb Avenue, a distance of 757.89 feet to the True Point and Place of Beginning;

Thence southerly at an interior angle of 89˚52’43”, a distance of 580.99 feet to a point on the northerly line of said Walden Avenue;

Thence westerly along the northerly line of said Walden Avenue, a distance of 837.63 feet to a point in the west line of lands conveyed to Nathan Rovner by deed recorded in the Erie County Clerk's Office in Liber 5897 of Deeds at page 528;

Thence northerly along the west line of land so conveyed to Nathan Rovner, 986.51 feet to a point 140.0 feet southerly from the intersection of the said west line of Rovner's land with the south line of Zoerb Avenue as laid out on a map filed in the Erie County Clerk's office under Map Cover No. 2146;

Thence easterly, and parallel with the south line of said Zoerb Avenue 827.02 feet to the True point and place of beginning.

 

This parcel containing 759,351 Sq.Ft. or 17.432 Acres more or less.

Public Discussion