Development at Como and Borden in Cheektowaga

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June 13th, 2018, 09:58 PM
WNYresident

Development at Como and Borden in Cheektowaga

I saw John Mahoney start up a post on facebook

https://www.facebook.com/groups/3005...action_generic

Quote:

Great town meeting tonight our neighborhood turned out in bunches and I Think the council listened

I'm following along to learn how the town board handles items like this.

From what I read I believe the darkened area is where the units will go

https://c2.staticflickr.com/2/1748/4...278f147b_c.jpg

Over head to see what is in the local area

https://c2.staticflickr.com/2/1721/4...d465fdde_c.jpg

https://c2.staticflickr.com/2/1751/4...40c372c9_c.jpg

https://c2.staticflickr.com/2/1721/4...d0a8564d_c.jpg
June 13th, 2018, 10:02 PM
WNYresident

https://c1.staticflickr.com/1/879/41...b965abed_c.jpg

https://c2.staticflickr.com/2/1744/4...31fddca7_c.jpg

Looking down Como over Borden

https://c2.staticflickr.com/2/1736/4...6e5d6ed5_c.jpg

Looking down Como over Hitchcock

https://c2.staticflickr.com/2/1757/4...f6eac7fc_c.jpg

Looking down Hitchcock from Como

https://c2.staticflickr.com/2/1729/4...8d423f5e_c.jpg
June 13th, 2018, 10:29 PM
WNYresident

Kubacki is the developer

They want to build 6 duplexes and wants variances for 20 foot drivewats with a 30 foot setback from 40 ft.
June 14th, 2018, 04:14 PM
WNYresident

When Jerry sold his property to the church group wasn't Kubacki involved with that?
June 14th, 2018, 04:31 PM
cheektowaga

Did Jerry own that property also...What a POS he must be...selling property what a DICK..SAVE the TREES!
June 14th, 2018, 06:06 PM
WNYresident

Quote:

Originally Posted by cheektowaga

Did Jerry own that property also...What a POS he must be...selling property what a DICK..SAVE the TREES!

What are you talking about. Jerry did a good job with his property. Seriously he did a good job selling it.

Here is why I brought this up.

Is this true?

Kubacki is the developer who wants to build the duplexes. Yes or no. ?

Next... Variances are needed for the project. Yes or no?

Next... Did Jerry sell his property directly to Kubacki or did Kubacki negotiate the sale for the church which Jerry profited from? (Good job and I wouldn't expect any less from any person selling a piece of property.)

Here is the issue. Seeing it's Kubacki who wants to build the duplexes and needs the variances I think it would be a conflict of interest for Jerry to vote on the matter.

I'm AM NOT SAYING THIS HAPPENED.

I could see a developer helping a board member profit on a land sale to gain favor down the line on other projects.
June 14th, 2018, 06:17 PM
WNYresident

For the record I think the project is fine. The other home owners might not want to lose the trees but then again it's not their property. I think I would rather have 6 duplexes near my home versus a small commercial strip, a delta sonic or gas station.
June 15th, 2018, 01:58 AM
WNYresident

Check this out.

This is the site plan

https://c2.staticflickr.com/2/1751/4...dd5a252b_b.jpg

To make it easier to understand what is going on I superimposed the site plan on a google map

I filled a color where each duplex is going to be. Doesn't really seem to be all that bad. They don't look that much bigger than the single family homes in that area. If you look around with google maps there seems to be duplexes already in that area. Keep as many trees as possible and it won't look much different than what seems to be across the street.

What is the main reason the surrounding home owners are against this?

And you all know how costly our property taxes are thanks to the group who has ran our town for the last 25+ years. 6 new duplex units have to worth at least 150 to 200k each. 200k X 6 units would be another 1,200,000 in taxable property. If each building generated $6000 dollars in tax revenue that would be another $36,000 gross per year. That could cover the benefits for one town employee.

https://c2.staticflickr.com/2/1735/4...18283197_b.jpg
June 15th, 2018, 02:20 AM
WNYresident

Go to google and use street view. There are quite a few doubles already in that area. Those six duplexes will most definitely change the characteristics on Hitchcock Dr.

What would be better for the town but it won't happen would be if 6 old homes were replaced with 6 new homes on the same lots. The cost to the developer would be higher because of the demo cost but I think that would be better for the town in the long run. We are losing population. Do you really think the town needs to lose green space when other space can be reused?
June 15th, 2018, 02:26 PM
cheektowaga

Jerry sold it to a church through a realtor, the church then put a bid for construction, Kulbacks was the one THEY selected, not Jerry..
June 15th, 2018, 05:16 PM
WNYresident

Fair enough. Seriously though he did a good job selling the property.
June 15th, 2018, 05:17 PM
WNYresident

So what is your opinion on that project. I did hear that there are flooding issues in that area.
June 19th, 2018, 10:05 AM
WNYresident

Well one fact was given.

The our town legal department will not allow doubles on Hitch because of deed restrictions. Those home owners should get that in writing. My opinion is this doesn't mean single family homes can't be built on Hitchcock. If flooding is the concern to the current home owners a 2000 square foot double is no different than a 2000 square foot single family home. I'm referring to flooding based on rain.

Without details about sewer capacity or water pressure capacity you really can't say if 6 families versus 12 families would make a dent on the current infrastructure.

6 single family homes with 3 kids each could be 12 adults with 18 kids would use more water compared to 6 doubles with 12 single elderly people who take a bath once a month.

Here is the Site Grading, Drainage & Utilities Plan

https://www.flickr.com/photos/tonyol...posted-public/

https://c2.staticflickr.com/2/1749/2...c48829ef_h.jpg
June 19th, 2018, 04:38 PM
WNYresident

A new statement..

The town legal department can't enforce deed restrictions. Just the parties that were involved in the deed. IE: The person who made the agreement and the home owners.
June 19th, 2018, 06:05 PM
gorja

Quote:

Originally Posted by WNYresident

A new statement..

The town legal department can't enforce deed restrictions. Just the parties that were involved in the deed. IE: The person who made the agreement and the home owners.

Wasn't it the town who put the deed restrictions on the property to begin with?

In fact, it's in the Cheektowaga town code -

§ 260-23R Residence District.
Regulations for the R Residence District shall be as follows:
A. Permitted uses.
(e) By special permit authorized by the Zoning Board of Appeals.[Amended 2-17-2016 by L.L. No. 1-2016]

Two-family dwellings in the following described area of the Town of Cheektowaga: Beginning at the intersection of Como Park Boulevard and Union Road; thence southerly along Union Road to Slate Bottom Creek; thence southeasterly along Slate Bottom Creek to Transit Road; thence northerly along Transit Road to Zurbrick Road; thence westerly along Zurbrick Road and the south boundary of the Village of Depew to the point where the Village of Depew boundary intersects Rowley Road; thence southwesterly along Rowley Road to Indian Road; thence southerly along Indian Road to Como Park Boulevard; thence westerly along Como Park Boulevard to Union Road at the place of beginning.
June 19th, 2018, 09:56 PM
WNYresident

I don't know. Someone has to know.
June 19th, 2018, 11:03 PM
WNYresident

Some reading was sent over..

Quote:

So this is a question that a client posed to me a couple years ago and I couldn't necessarily nail down an answer. Now that I've joined here perhaps you can shed some light.

Fictitious Scenario:

I own a large tract of land. I create a subdivision on said land. When creating the deeds for the newly created parcels I add in a deed restriction. One that I have seen in a deed is no dogs of a certain breed. Let's say Chow. 10 years down the road I drive by and see a man in his yard playing with his friendly Chow. But alas, this was a deed restriction! How dare he! He can't have that! Didn't he read his deed? Call the police! Oh wait, they won't care will they? Maybe the building inspector? But is this truly an issue that they would handle? It has nothing to do with zoning and it's not in violation of any town code...

So the question is, who enforces deed restrictions? If a land owner violates a deed restriction who resolves the issue?

This came up at a planning board meeting where a disgruntled land owner wanted assurance that he could call someone if the 25' buffer along his property line was disturbed. In that instance, the building inspector could possibly issue a stop work order and alert the current owner to the restriction, but even if he continues to cut or dig, is a deed restriction violation an offense that can be prosecuted? Will he get a fine? Will he be arrested? I assume he could be sued... But in the case of a dog breed restriction, who would sue him?

How can deed restrictions be enforced?

https://rplstoday.com/community/busi...n-enforcement/

Deed Restriction Enforcement Without HOA Management

Quote:

Visitor's Question: I have a buyer who is interested in purchasing a home in a neighborhood with 2006 deed restrictions and an HOA (without management). The buyer owns a boat which is not allowed according to the recorded deed restrictions. There are other homeowners in the development that have boats on their property.

The buyer is reluctant to purchase. What would be the process if he purchased the home, stored his boat on the property, and one of the homeowners took issue with the boat?

Editors Reply: We apologize for overlooking this question when it was asked. But it addresses an important general topic, so we decided to answer.

Enforcement of deed restrictions is always a private matter. In other words, another resident could not call the city or county and ask them to enforce the deed restriction (unless the local government has taken the unusual step of providing in their ordinances that property owner behavior must conform to deed restrictions).

https://www.useful-community-develop...anagement.html
June 20th, 2018, 05:48 AM
gorja

But the duplex deed restriction was put in by the town not a landowner and a Special permit is needed by the ZBA.
June 20th, 2018, 09:26 AM
WNYresident

I was told towns do zoning not deed restrictions. I told the one home owner to get it "officially" in writing.
June 20th, 2018, 10:38 AM
WNYresident

Quote:

Originally Posted by gorja

Wasn't it the town who put the deed restrictions on the property to begin with?

In fact, it's in the Cheektowaga town code -

§ 260-23R Residence District.
Regulations for the R Residence District shall be as follows:
A. Permitted uses.
(e) By special permit authorized by the Zoning Board of Appeals.[Amended 2-17-2016 by L.L. No. 1-2016]

Two-family dwellings in the following described area of the Town of Cheektowaga: Beginning at the intersection of Como Park Boulevard and Union Road; thence southerly along Union Road to Slate Bottom Creek; thence southeasterly along Slate Bottom Creek to Transit Road; thence northerly along Transit Road to Zurbrick Road; thence westerly along Zurbrick Road and the south boundary of the Village of Depew to the point where the Village of Depew boundary intersects Rowley Road; thence southwesterly along Rowley Road to Indian Road; thence southerly along Indian Road to Como Park Boulevard; thence westerly along Como Park Boulevard to Union Road at the place of beginning.

Isn't this more of a zoning statement not a deed restriction?
June 21st, 2018, 04:57 AM
gorja

Quote:

Originally Posted by WNYresident

Isn't this more of a zoning statement not a deed restriction?

The Zoning issue is that they don't want duplexes built in that area

So, what is the deed restriction about?
June 21st, 2018, 09:29 AM
WNYresident

We should research the best ran town in the USA and see if we can pay them for some consulting work. Two different answers from two people who work with the town.