Southtowns Record

MAPLE ROAD

Government
Town of Aurora
Board
Zoning Board of Appeals
Meeting
Mar 19, 2026
Kind
Other
Topics
Zoning and land use, Water, sewer and drainage, Budget and taxes, Parks and recreation

Original document

Same meeting

Text · page 28 of 31

Read the whole document on one page (all 31 pages, each with its own heading)

Although the requested variances involve numerical deviations from current ODA standards, New
York courts are clear that substantiality is not measured by arithmetic alone, but by consideration
of actual impacts.

Here, the variances do not increase development intensity, alter neighborhood character, or create
off-site impacts. The requested relief allows development of a single residence on a lot already
approved for that purpose. The lot area, frontage, and access conditions are functionally sufficient
to support residential use consistent with surrounding properties.

When viewed in context, the variances are not substantial.

(4) whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.

The requested variances will not have an adverse physical or environmental impact. The proposed
development does not require grading, removal of natural features, or expansion of impervious
surfaces beyond what is typical for a single-family residence.

SEQRA review for the original ODA resulted in a Negative Declaration, and the current proposal
remains consistent with that review. Access, drainage, emergency response, and utility service can
be adequately accommodated within the proposed site design.

(5) whether the alleged difficulty was self-created, which consideration shall be relevant to
the decision of the board of appeals, but shall not necessarily preclude the granting of the
area variance.

To the extent the difficulty may be characterized as self-created, that factor arises solely from the
Applicant’s ownership of a parcel created pursuant to a lawfully approved ODA subdivision. The
Applicant did not create the dimensional constraints through post-approval actions, and this factor
is entitled to limited weight and does not preclude granting the requested relief.

Balancing

Balancing the benefit to the Applicant against any potential detriment to the community, approval
of the requested variances is warranted. Granting the variances allows reasonable residential use
of a lawfully created lot, consistent with prior Town approvals, without adverse impacts to
neighboring properties or public resources.

Conversely, denial of the variances would effectively deprive the Property of practical use,
undermining the purpose of the original ODA approval and yielding no corresponding public
benefit. The requested variances represent the minimum relief necessary to permit a reasonable
and appropriate use of the Property.