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Facts and Comments on All Matters of Zoning in the Town of Sheldon

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News

For news items more than 60 days old, please visit the News Archive.

News from the September 17 Town Board meeting

The meeting was attended by Supervisor Becker and all members. The only zoning items discussed at the meeting were brief reports from Supervisor Becker on the regular (long-ago negotiated) payments coming from Invenergy on the contract for the existing windmills and the contract for the removal of junk from the Dennis Mills property.  

The County Zoning Department report to the Town Board on their enforcement work for the Town of Sheldon shows a one-sentence report on the Zoning Board of Appeals report on the American Legion Post project, one permit issued for a swimming pool, and no other work during the month of August 2025.  

News from the September 10, 2025 Planning Board Meeting

The meeting was attended  by Board members Mary Kehl, Deb Kirsch, and Don Pawlak and Alternate Kathy Roberts.  Supervisor Becker also attended part of the meeting with Town Board member and Deputy Supervisor Joe Meyer.  Mr. Meyer is running for re-election this November.  Don Roberts, the County’s Code Enforcement Officer, also attended the Planning Board meeting.

The regular meeting was adjourned to a planning session to deal with proposed changes to the draft zoning law.

Supervisor Becker reported on the current situation with the American Legion Post’s proposal to build a new memorial and activity center on property with road frontage on Route 78.  The amount of road frontage for the property acquired for the Legion’s proposed project is insufficient under the current zoning law, and a variance request was put to the Zoning Board of Appeals.  The matter is still pending.  Supervisor Becker reported on his assessment of the positions of property owners along the affected section of Route 78.  Supervisor Becker and Town Board member Meyer left the meeting after this discussion.

Don Roberts remained for the entire meeting. Mr. Roberts is the head of the office that drafted the proposed new zoning law for Sheldon.  That draft includes extensive property maintenance requirements and other significant changes from the existing Town zoning law. Until this proposed new law was submitted to the Town Board in October 2024, Mr. Roberts personally attended Planning Board meetings and explained his reasons for the significant changes his draft proposed from the Town’s current zoning law.  Those changes drew criticism from the audience at the public hearing convened by the Town Board in January 2025.  Neither Mr. Roberts nor any of his staff attended Planning Board meetings in the seven months following the public hearing while the Planning Board discussed changes to Mr. Roberts’ draft law.  

At the September 10 meeting, Mr. Roberts discussed a significant change that the Planning Board members had tentatively approved at their earlier meetings.    

The Planning Board had tentatively decided to delete the percentage of the lot size provisions in all parts of the new zoning law and to go back to the current law provisions that have been in place for many years.  

Mr. Roberts explained why, in his view, the percentage of lot size should be restored -- it would help keep open spaces in rural areas while allowing more dense building in villages.

Basically, for relatively small lots, the percentage restriction would be limiting because the percentage would apply to all buildings, not just the house.  However, for bigger lots, more and potentially much bigger buildings would be allowed.  There would be no limit on building size.  This would apply to buildings like data centers, trucking warehouses, and very large private storage centers.

The Planning Board tentatively decided to do what Mr. Roberts advocated.  However, their review is ongoing.

News from the August 20 Town Board meeting

The meeting was attended by Supervisor Becker and all members. The only zoning items discussed at the meeting were brief reports from Supervisor Becker on the proposed new NYSEG power line and the Dennis Mills case.

NYSEG power line:  Supervisor Becker reported that the existing transmission line from the Sheldon substation is at full capacity.  This limits any new wind or solar projects in the town.

The proposed new 230 kV power line (Line 67) from Stolle Rd to the Sheldon substation is a major transmission double circuit rebuild project which itself is part of a project known as the Erie Wyoming Transmission Solution Initiative.  NYSEG proposes to build parallel to the existing 230kV line, about 11 miles, using steel monopole and H-frame structures offset in the existing right-of-way.  The monopoles are 90 feet high.  The visual impact is similar to a 9-14 story building.  NYSEG’s regional transmission planning documents say this project will begin in August 2026.

The proposed new NYSEG power line to the substation in Sheldon is a part of the Empire State Line project.  That project includes a very large new 345 kV transmission line extending 20 miles from the Dysinger switchyard in Royalton, Niagara County, to NYSEG’s Stolle Rd. substation.  Dysinger is a major hub for western New York where seven high-voltage lines converge.

The project documents say this project supports increasing demand in other parts of the state and “is structured to enhance reliability and accommodate the state’s clean energy transition plans.”  It is regulated under Article 7 of the New York Public Service Law, which makes it very difficult for towns to resist.  NYSEG says that “community notifications and input sessions have been a part of the project process with public notices distributed in Erie and Wyoming counties.”

Mills zoning enforcement case:  Supervisor Becker reported that a private contractor will be removing the junk from Mr. Mills’ property.  Because no company responded to the Town’s required advertisements, Supervisor Becker made arrangements with Twin Village Recycling Co., 4153 Broadway, Depew, for removal of the junk with the Town paying the difference between the salvage value recovered and the cost of removal.  No date has been set for the removal.

In response to a question, Supervisor Becker reported that there is no estimate as to the Town’s expense in this regard because the salvage value is not yet known.  He reported that the Town would not lose on this transaction because all of the Town’s expenses of any kind whatsoever from the beginning with regard to this enforcement effort would be recovered in full from the property.  He reported that he has oral assurances from multiple attorneys on this point. 

News from the  August 13 Planning Board meeting.

The meeting was cancelled.

News from the postcards

The third set of postcards sent to town residents on zoning asked for views on 8 important issues arising out of the proposed new zoning law.  The postcard asked whether the recipient “agreed” with the way the proposed new law treated the subject, or “disagreed” as to the subject, or “needed more information” before making a decision.  260 people (64%) responded.  Here’s what they said.

Issue #1:  No restriction on size of buildings in the town:  

Yes 5%;     No 79%;    More info 16%

Issue #2:  The requirement for public hearings can be waived:  

Yes  1%;   No 94%;   More info 5%

Issue #3:  Leave out any limitations on Zoning Officer entering private property:  

Yes  2%;     No 88%;   More info 10%

Issue #4:  Include detailed property maintenance (HOA) requirements: 

Yes 5%;      No 85%;    More info 10%

Issue #5:  Allow unlimited number of permits for new houses in the Low Density District:

Yes 5%;      No 74%;    More info   21%

Issue #6:  Delete farming from list of protected interests:  

Yes  4%;    No 86%;    More info  10%

Issue #7:  Add new requirements on floodplains and wetlands:  

Yes  14%;   No  60%;   More info  25%

Issue #8:  Should the Town Board enact the new proposed 157-page zoning law: 

Yes  3%;    No 85%;     More info  12%

From this survey, the average approval rating for the proposed new zoning law is 4.9%. Check it out yourself; the Clerk keeps the postcards in her office.

What does the County Zoning Officer actually do for the Town?

The proposed new 157-page zoning law raises the questions:

The answer to the first question on the work actually done by the Zoning Officer can be determined by looking at the Zoning Officer’s reports.  Current law requires the Zoning Officer to issue a monthly report to the Town Board.  Those reports must provide details on all actions of the Zoning Officer, all permits, all complaints, and all violations found.  The data showing how many actions actually occurred are listed HERE. 

Please note that there are no reports on any activity on the proposed new zoning law. and the proposed new zoning law eliminates entirely the requirement for monthly reports from the Zoning Officer.

The current law allows the Zoning Officer to issue routine permits for common low-impact local activities like single family housing, standard ag buildings, fences, sheds and the like.  In the first 3 months of this year, the Zoning Officer issued 4 of these.  In all 12 months of 2024, the Zoning Officer issued 41 of these, an average of 3 to 4 per month.  No permits were denied.

So that brings on the second question --  whether there is anything in the volume and type of work that the Zoning Officer is currently doing that requires a complete re-write of the Town’s zoning law.  The Town’s residents apparently do not raise complaints; there appear to be no regular property maintenance violations that need attention; and the day-to-day workload of the Zoning Officer does not seem to highlight any urgent need for reform.

If a justification exists for an entirely new zoning law that justification must lie elsewhere.

HERE’S WHAT IS GOING ON: