Town of Amherst Zoning Board of Appeals·May 19, 2026
A synagogue expansion clears a neighbor's objection · A fire company loses its curbs · Nine grants, one adjournment, one withdrawal
A Zoning Board of Appeals sitting one member short worked through ten cases in about 42 minutes and granted every request it heard — approving a two-story addition for the Center for Jewish Life at 757 Hopkins Road over the sworn objection of a next-door owner, waiving curbing and landscaping so the North Amherst Fire Company can fit its growing trucks under one roof at 2200 Tonawanda Creek Road[*], and clearing a run of setback, garage, sign and rooftop-screening variances across the town. The board adjourned an oversized-garage case at 284 Ayer Road[*] to June, accepted the withdrawal of a long-adjourned sign appeal at 9170 Transit Road, and passed every vote it took 4–0 with member Ellen Parker absent.
The only contested hearing of the night pitted an institutional expansion against a neighbor's long list of grievances — and the expansion won. The Center for Jewish Life, Inc. returned to the ZBA seeking area variances to build a two-story addition onto its building at 757 Hopkins Road, in an Office Building (OB) zone.[1] Attorney Jeffery D. Palumbo[*] of Block & Longo told the board the center's programs — synagogue services, holiday meals, kosher meal delivery, senior and children's learning — all share one crowded room, and the addition would give each "their own dedicated areas" plus needed bathrooms.[2]
The relief is significant. The addition would sit 13 feet from the rear (east) property line where the ordinance requires 30, and 5 feet from the north and south lines where 15 is the minimum — a 17-foot rear variance and 10 feet of relief on each side.[1] Palumbo[*] noted the center has a signed agreement to buy a five-foot strip from the north neighbor and would handle the survey and subdivision work itself. He walked the board through New York's five-factor area-variance test, arguing the change is not undesirable, the benefit can't be had another way because congregants "walk to the services," and the overall effect is "substantially positive."[2]
Then Thomas Volpini[*], a co-owner of the commercial building next door at 747 Hopkins Road, rose in opposition. He recited years of friction — trash drifting into his yard, his parking lot used during events without asking, and an incident he said left his building "stoned" by a line of children. His zoning point was concrete: dropping the side setback "from 15 to 5 feet" with a two-story brick wall would box in his own ability to expand. "Imagine pulling up… and seeing a brick wall against your property line where one doesn't exist right now," he told the board.[2]
Palumbo[*] answered that the neighbors' complaints were "a question of neighbors getting along" with nothing to do with the benefit-versus-detriment test, and that the center is parking-compliant even with the addition. Rabbi Labkovski[*] confirmed the roof had been replaced two years earlier and pledged to tell members not to park next door.[2] After a member questioned the design on the south side, the board closed the hearing and, on a roll-call vote, granted the variances — the night's only recorded roll call.[1]
The board granted the variances 4–0, with Ronald Shubert[*] moving and Erik A. Goergen[*] seconding.[1]
Nine of the ten items on this docket were area variances — permission to build closer to a property line, taller, or larger than the zoning code allows, without changing what the property is used for. (That distinguishes them from a use variance, the harder-to-win request to do something the zone forbids outright, like running a business in a residential district.) New York Town Law makes the ZBA weigh every area variance against a five-factor balancing test: (1) whether it would produce an undesirable change in the neighborhood; (2) whether the benefit could be achieved some other feasible way; (3) whether the request is substantial; (4) whether it would have an adverse effect on the physical or environmental conditions; and (5) whether the difficulty was self-created — which counts against the applicant but is not, by itself, disqualifying. Applicants and their attorneys march through these five points on the record precisely because the board must weigh them; the applicant's benefit is balanced against any detriment to the health, safety and welfare of the neighborhood. At 757 Hopkins Road the board heard a neighbor argue factor one and factor three the other way — and granted the relief anyway.
The North Amherst Fire Company came seeking room for equipment that has outgrown its building. Capt. Greg Burrow[*] told the board the company plans a new truck room — the current bays can't hold the bigger apparatus — and wants to consolidate its engines, ambulance, boat and ATV "under one roof" at the station in the Community Facilities (CF) zone.[1][2] The variance is narrow but practical: the new parking lot would skip the code-required three-foot landscape strip along the building and the upright curbing and interior landscaped islands.[1]
Burrow[*] ran the five factors himself, arguing curbing would fight the fire trucks' turning radius, that the lot already has none, and that a flat, curb-free apron doubles as training space and lets crews park on the grass during fundraisers rather than on the ditch-lined shoulder of Tonawanda Creek Road[*]. "During response time in an emergency every second counts," he told the board. No one from the public spoke. Granted 4–0.[1][2]
The rest of the night moved quickly, and every applicant left with a grant. At 6164 Sheridan Drive (MFR-5 zone), Michelle Grieco[*] won a special-use permit for a Type 2 home occupation — a hair salon her daughter would run by appointment out of a ground-level unit while helping care for Grieco's ill husband — on the property she and her family are buying from Jacqueline Schu[*].[1][2] At 2190 Wehrle Drive[*] (MFR-5), Joe Young[*] of Young Development Inc. secured a variance to internally light a subdivision sign and to build it at 64 square feet where the ordinance caps such signage at 20, tied to the multifamily project under subdivision review that drew variances back in March.[1][2]
Two lot-shape setback cases followed. At 12 Adrian Avenue[*] (R-3), architect Tommaso Briatico[*] got relief to place one of three new single-family homes 21.5 feet from a skewed rear line (30 required), with the shortfall abutting a parking lot.[1][2] At 450 N. Ivyhurst Road, Jeremy Bates[*] of Buffalo Modular — building for owner Bryan Price[*] — won front- and rear-setback and lot-area variances for a two-unit townhouse (19 ft rear, 20 ft front against a 30-ft standard) on a parcel of just 9,211 square feet where the code wants 11,700, a plan pared down from an earlier four-unit proposal.[1][2] At 53 Berryman Drive[*] (R-3), Carina Schoenberger[*] won permission to rebuild a garage on its existing footprint, 2 feet from the west line and 2.58 feet from the north (3 ft required).[1][2] And at 995 Dodge Road (CF), Christopher Streng[*] of Kulbacks Construction, for The Well Church, was excused from screening two rooftop HVAC units — screening would void the pre-engineered building's warranty and the structure can't bear the load, and the units sit 180 feet back from Hauser Road[*], out of view from Dodge.[1][2] Each grant was unanimous, 4–0.[1]
Two items produced no decision. The oversized-garage case at 284 Ayer Road[*] — a request to build accessory structures totaling 2,590 square feet against a 1,279 cap and to reach 22 feet in height where 20 is the limit — was adjourned to June 16 on a 4–0 vote when the applicant, Zachary Day[*], was not present to argue it; that hearing was held and the variance granted at the following meeting.[1] And the long-pending sign appeal at 9170 Transit Road — a request to erect a 128-square-foot pole sign and add wall signage for a cumulative 360 square feet, twice adjourned since March — was withdrawn, closing the docket.[1]
Four of the five ZBA members sat — Chairperson Brian Bray, Vice Chairperson Ronald Shubert[*], Kelly J. Philips[*] and Erik A. Goergen[*] — with member Ellen Parker absent; every recorded vote carried 4–0, all aye. Movers and seconders and the granted/adjourned/withdrawn dispositions below are taken from the official May 19, 2026 minutes; only the 757 Hopkins Road grant was taken by roll call. No recusals were recorded.
Area variances for a building addition 13 ft from the rear (east) line (30 ft required) and 5 ft from the north and south lines (15 ft required), Office Building (OB) zone. Attorney Jeffery D. Palumbo, Esq.[*] and Rabbi Labkovski[*] spoke for the applicant; Thomas Volpini[*] of 747 Hopkins Road spoke in opposition. Chairman Bray closed the hearing; the board granted the variances on a roll-call vote. Motion by Shubert[*], second by Goergen[*].
Special use permit for a Type 2 home occupation (hair salon as an accessory use in the dwelling) under Sec. 6-8-6B(2), MFR-5 zone. Michelle Grieco[*] spoke for the petitioner (property being purchased from Jacqueline Schu[*]); no public comment. Motion by Goergen[*], second by Shubert[*].
Area variance to omit the required three-foot building-adjacent landscape strip, upright curbing and interior landscaped islands for a new truck room and parking lot, Community Facilities (CF) zone. Presented by Capt. Greg Burrow[*]; engineer of record Studio T3 Engineering, PLLC. No public comment. Motion by Philips[*], second by Goergen[*].
Area variance for accessory structures totaling 2,590 s.f. (1,279 s.f. limit) and 22 ft in height (20 ft limit), R-3 zone. Applicant Zachary Day[*] did not appear; the board adjourned the hearing to June 16, 2026. Motion by Shubert[*], second by Philips[*]. (The variance was granted at the June 16 meeting.)
Area variance to internally light a subdivision identification sign (not permitted by ordinance) and to build it at 64 s.f. (20 s.f. limit), MFR-5 zone. Joe Young[*] of Young Development Inc. spoke (owner Acquest Wehrle, LLC); no public comment. Motion by Goergen[*], second by Philips[*].
Area variance for a single-family dwelling 21.5 ft +/- from the rear line (30 ft required) on a lot with a skewed rear line, R-3 zone. Architect Tommaso Briatico, R.A.[*] spoke for the petitioner; no public comment. Motion by Shubert[*], second by Goergen[*].
Area variances for a two-family dwelling 19 ft +/- from the rear line and 20 ft from the front line (30 ft required each), on a 9,211 s.f. parcel where 11,700 s.f. is the minimum lot area. Jeremy Bates[*] of Buffalo Modular spoke (owner Bryan Price[*]), describing a two-unit plan scaled back from an earlier four-unit proposal; no public comment. Motion by Philips[*], second by Shubert[*].
Area variance to rebuild a garage on its existing footprint — 2 ft from the west line and 2.58 ft from the north (3 ft required), with the roof eave 1 ft from the west line (1.5 ft required), R-3 zone. Petitioner Carina Schoenberger[*] spoke (application by Steven Steer & Carina Schoenberger); no public comment. Motion by Philips[*], second by Goergen[*].
Area variance to permit two rooftop air-conditioning/heating units without the required roof-mounted screen, CF zone. Christopher Streng[*] of Kulbacks Construction[*] spoke for The Well Church, noting screening would void the pre-engineered building's warranty and the structure can't support the added weight and wind load; the units sit ~180 ft back from Hauser Road[*] and are not visible from Dodge Road. Twice adjourned (March 27, April 14) before being heard. No public comment. Motion by Philips[*], second by Goergen[*].
Requested a 128 s.f. pole sign (a 100 s.f. pole sign was previously granted; the ordinance permits 64 s.f.) plus wall signage for a cumulative 360 s.f. where 150 s.f. is the maximum, GB zone. Twice adjourned since March 27 with no appearance; formally withdrawn on May 19. No board vote.
The board approved the minutes of its April 14, 2026 meeting. Motion by Philips[*], second by Shubert[*]; passed 4–0.
This brief was built from the Town of Amherst YouTube stream transcript and is corroborated by the official May 19, 2026 minutes, which are the authority for dispositions, movers/seconders, attendance and votes. The five-member ZBA roster — Chairperson Brian Bray, Vice Chairperson Ronald Shubert, Esq., and members Kelly J. Philips, Esq. (spelled with one "l" per the official roster), Ellen Parker, and Erik A. Goergen, Esq. — is verified against the Town's official Boards & Committees page. The minutes record Ellen Parker absent; the four seated members voted aye on every item, so each grant carried 4–0. No recusals were recorded.
Corrections applied. Proper nouns were reconciled to the official agenda and minutes, which govern spelling. Street names: the transcript's "Tonawana Creek" is Tonawanda Creek Road and "Adrienne Avenue" is 12 Adrian Avenue (both high-confidence street-check suggestions, confirmed by the minutes); "Iyer/Iyer Road" (street check flagged Ayer vs. Meyer) is 284 Ayer Road per the agenda; the audio's "Worley Drive" is Wehrle Drive and "Berrymore Drive" is 53 Berryman Drive per the minutes (Wehrle and Berryman are not yet in the Town street index; used as the official record spells them). Applicant/entity names corrected from audio: "Greco" → Michelle Grieco; the fire captain "Greg Burrow" and owner "Jacqueline Schu" are heard only in audio; "Plummer/Plumbo" → Jeffery D. Palumbo, Esq.; "Lazer Lepkowski" → Rabbi Labkovski (agenda spelling); "Briarico" → Tommaso Briatico, R.A.; "Colbex" → Kulbacks Construction and "Strang" → Christopher Streng; "Karina Schoenberger" → Carina Schoenberger (with co-applicant Steven Steer); and "Iberhurst/Ivy Hearst" → 450 N. Ivyhurst Road. Names heard only in the audio (applicant representatives, the opposing neighbor, individual owners) carry the [*] flag and should be verified against the Town Clerk's record before quoting.