Depew board approves dumpster-relocation variance tied to NYSEG lease; neighbor concerns noted

The Village of Depew Zoning Board of Appeals voted 5-0 to grant a variance permitting FQSR LLC to relocate an existing dumpster enclosure at 535 **** Road, a change the applicant said was required by NYSEG lease conditions.

Ryan Jervanes, of Marathon Engineering, said the relocation was driven by NYSEG's new lease requirements and would move the dumpster from the north portion of the leased NYSEG lot to the southern corner near Barnabas and **** Road. "To accommodate this, we are looking at relocating two parking spots ..." Jervanes said, describing the constrained timetable to produce the submission.

A neighbor who said she lives next door expressed concerns that the new enclosure could be an eyesore or attract rats for senior neighbors, but she added she would not oppose the move if the enclosure is kept clean and lids remain closed.

On the record, the chair read the six New York State area-variance criteria and staff noted the relocation was coordinated with the Erie County Department of Transportation and was expected to add roughly 78 square feet of impervious surface associated with the relocated parking and enclosure. The record initially described minimum necessary relief as 26 feet (to permit a 4-foot front setback where 30 feet is required), but the applicant later clarified that the primary address orientation means the relevant measurement is a side-yard setback. That correction reduced the numerical relief to about 6 feet. "We believe the side setback, not the front setback ... would be 6 feet instead of 26," Jervanes said for the record.

A motion to grant the variance was made and seconded; the board voted unanimously 5-0 to approve the relief. The hearing was closed thereafter.

The approval was framed as a narrowly tailored change to meet a third-party lease requirement; neighbors asked the applicant and the village to maintain the enclosure to avoid public-health nuisances.