Development
Did Depew board deny Coyote’s patio expansion or amended request?
By Lee Chowaniec
Sep 14, 2007, 16:26

The professional media announced that the Depew Village Board this past Monday denied Coyote’s Nightclub a special use permit to expand its patio because of quality of life impacts that were brought forth from neighbors.

The language of the resolution read: The Village of Depew hereby denies special use permit for Pasta Grille Inc. for an outdoor patio with liquor sales and consumption for Coyotes Nightclub, located at 2094 George Urban Blvd., Depew.

In so many words, the village board voted No on a special use permit for Pasta Grille Inc, for the present outdoor patio, with liquor sales and consumption for Coyotes Nightclub.

“A big stumbling block was they wanted to be open until 2 a.m.,” Mayor Barbara A. Alberti said after the meeting. “And nobody wanted it.”

Joseph Cipolla, Bella Vista president, which owns most of the plaza on George Urban, appeared before the village planning board on two previous occasion to petition the board for a special use permit that would allow him to expand the patio operation, have a bar located on the patio and serve alcohol until 2 a.m.

The current 16’ x 42’ (672 square-foot) smoking patio would be enlarged to a 48’ x 62’ (2,976 square-foot) smoking and drinking patio. Cipolla had informed the attendees at a recent public hearing that the patio would be 2,500 square-feet in size. The current six-foot fence would be replaced with a ten-foot fence.

Alberti said the Planning Board first tabled the request because Coyote’s needed a state variance for an insufficient number of bathrooms in the club. The mayor said Coyote’s also did not have a permit for the existing fence. The village did issue a permit, doubling the fee because it was erected without a permit, she said.

A big stumbling block was they wanted to be open until 2 a.m.,” Mayor Barbara A. Alberti said after the meeting. “And nobody wanted it. “That original fence was put out there so they could go out there and smoke,” she said. “We’re denying any alcohol being served out there.” Alberti asserted that if the patio were in the front of the building, neighbors would most likely not take issue.

Depew Village Board members, without comment, unanimously denied a special- use permit Monday night; however, the denial was for alcohol sales and consumption under present patio conditions

September 6, 2007 planning board meeting

On September 6th, the Planning Board voted, 3-1, to recommend that the Village Board deny the special use permit. But, which permit?

According to the Planning Board minutes of the September 6th meeting, Cipolla requested the board table his request for a special use permit for patio expansion until next spring and consider his request for a special use for the current patio.

Chair Seelig asked if Cipolla was asking for the matter to be tabled to spring until he could do further research.

Cipolla explained that he requests the board tables the application for the full permit, for patio expansion, but he was petitioning special use permit for less, for the current patio.

Members Beutler and Burkhardt asked whether the amended permit sought would include the sale of drinks. Cipolla answered “yes”.

At that point, Village Attorney Anthony Nosek interjected that he would clarify what Cipolla was asking for. “To sum it up, he is asking for a covered patio, a six-foot fence, and with the purpose of patron smoking and drinking. No food allowed. Beer would be served in bottles and mixed drinks in cups. Liquor sales to end at 2 a.m. There would be music piped to the patio, all lighting under one roof, doors closed, gate equipped with audible alarm when opened. The permit would be good for one year and issued to pasta Grill. No parking in the rear of building (band exception). There would be no bar on the patio, only a waitress serving drinks.

Trustee Linda Hammer objected to 2 a.m. liquor sales. “Quite hours are 11 p.m. to 7 a.m.”

At this point Chair Sellig called for a roll call vote on approval of special use permit.

Chair Seelig and Members Burkhardt and Beutler voted no. Member Pecora cast the only approval vote. Member Hamernik was absent.

Detention pond concerns

As in the past, planning board member Beutler brought up detention pond concerns at the September the meeting.
Attorney Nosek wanted to know how this pertained to Coyotes, now or with future expansion.

Beutler cited that the pond was not a retention pond as the board was led to believe by Cipolla. “It is a detention pond that was partially filled several years ago, was not graded properly and now has standing water in it at all times. It needs to be cleaned out - tires, shopping carts and other debris can be found in the pond.”

“Mr. Cipolla says he can’t get in the pond to clean it out because of the water in it. He stated that the pond was converted into a retention pond when the Wegmans expansion occurred.”

Cipolla had declared at the previous board meeting: “The DEC made it into a wet pond with the Town of Cheektowaga as lead agency.” The Village and the Town of Cheektowaga express they have no knowledge of such action and will be looking into Cipolla’s claim.

I have documentation that says otherwise.” Documentation from your own engineer that says it’s a dry pond!”
“I am concerned about the threat of West Nile virus not only to the neighbors, but also to the patrons of the nightclub that would be sitting out on the patio. This needs to be addressed!”

Tom Johnson Jr., current Cheektowaga Town Council Member residing at 171 Meadowlawn also raised concerns regarding the berm Cipolla planned for the future and the potential for West Nile virus from mosquito breeding in the polluted pond.

“This pond is a self-created hardship that was never graded or managed properly,” said Johnson. He read memos from 2002 reports on the detention basin regarding housekeeping issues that Cheektowaga’s Engineer felt Depew should have looked into.

When asked by attorney Nosek if Cheektowaga had ever taken enforcement action, Johnson explained only if the town’s sewers were compromised. Otherwise, it is Depew’s job to enforce codes.

Norm Piotrowski, 105 Meadowlawn, confused, as some of us are even today, wanted to know what exactly Cipolla was asking for at this meeting.

Cipolla answered: To allow sales of liquor on the existing patio. There will be no bar, just a waitress serving drinks from the main establishment.

The planning board voted denial. What exactly did the village board vote denial on? It appears it was for the sale and use of alcohol on the patio, period.

The Village Board just follwed up on the planning board's recommendation for permit denial.

In closing, Mr. Cipolla asked the board if there were any recommendations that would make the permit acceptable.
Member Beutler responded, “At minimum, no liquor sales or consumption after midnight.

Chair Seelig said he was against the expansion of the patio and outdoor liquor sales.

The granting of this special use permit would have set a precedent in that all other restaurants do not serve alcohol on the patio and such businesses do not remain open after dinner hours.







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