Board denies variances for 160-unit McKesson Parkway apartment project after parking and watershed concerns

Frank Chianese of Legacy Development presented a proposal to merge two parcels at McKesson Parkway and build a 160-unit apartment complex on 6.1 acres, requesting multiple variances: increased density (160 units vs. the by-right 73), increased principal building height (50 ft vs. 35 ft), accessory building height exceptions, and reduced parking (212 stalls proposed vs. 328 required).

Chianese said the site was rezoned earlier in the year with the project in mind and argued the location is a suitable "urban infill" adjacent to the mall, transit and commercial uses. He told the board the development team had designed bio-retention and underground stormwater controls and expects state and county environmental reviews. "We cannot build it with less than 160 units. It just doesn't work," Chianese said, explaining the project's financial constraints and reliance on proximity to existing commercial parking.

Multiple residents and neighbors questioned the parking assumptions, traffic circulation at Union Road, and whether runoff and the proposed bio-retention system would protect Scajaquada Creek. One resident asked whether the project would have a "detrimental effect to the creek," and the applicant responded that the project is subject to New York State DEC and Erie County reviews and that the design includes treatment and controlled release into the watershed.

After extended public comment and debate, a motion to deny all variances was made and carried by the board. The record shows the board declined the requested variances, leaving the project to return with revised plans or pursue other remedies.