559 SOUTH STREET (full text)

CASE NO. | 54 | DATE OF HEARING Town of Aurora Zoning Board of Appeals 575 Oakwood Avenue, East Aurora, New York 14052 Zoning Board of Appeals Application Form l. TYPE OF REQUEST xX _ AREA VARIANCE SPECIAL USE PERMIT USE VARIANCE INTERPRETATION ll. APPLICANT/PETITIONER Applicant’s Name “Babect ©) \aniuSor \o COA VNELT\ Address F. 54 Shor Or City Sack Aorero State wie ZIP IGO52 Phone 00- Fax o™ Email Interest in the property (ex: owner/purchaser/developer) Oro yecr lll. PROPERTY OWNER INFORMATION (lf different from applicant information. ) Property Owner(s) Name(s) Address City State Zi Phone Fax Email lll. PROPERTY INFORMATION Property Address yb 4 SD Sr / sal#__|719. |= 1= u Property size in acres oS Property Frontage in feet__ 70 | Zoning District eef Surrounding Zoning Z| Current Use of Property L05\ At 22 | IV. REQUEST DETAIL (check all that apply) _X Variance from Ordinance Section(s) #[email protected]& (2) ____ Special Use Permit for: ____ Use Variance for: ___ Interpretation of

V. SIGNATURES (This application must be signed by the applicant/petitioner. If the applicant is not the owner of the property, a separate owner authorization form must be submitted — see pg. 5 ) Signature of Applicané/Pétitioner Kober Lb. EA tus Print name of Applicant/Petitioner State of New York; County of Erie On the/i7L. day oft Z inthe year7OZ( before me, the above individual appeared, personally known to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same for the purposes therein stated. NotankPétbtic SS sare é OFNEW YORK". % Notary stamg) = ; NOTARYPUBLIC: 3 otary stam to! Qualified j : 7 i ie » Erie count :§ 3 GO", otvinododzg MVS %%," Ors a iylgetres, / a ey e x Minh EXE Office Use Only: Date received: Receipt #: Application reviewed by: ECDP ZR-1 form sent to EC: Hearing publication date: PREVIOUS APPEAL(S): A previous appeal to the Zoning Board of Appeals ( ) has ( ) has not been made with respect to this property. Previous appeals: Date: Type of Appeal: Granted Denied Date: Type of Appeal: Granted Denied

PETITIONER’S LETTER OF INTENT Please describe in detail the proposed project, reason the variance and/or special use permit is being requested and any additional information that may be helpful to the Zoning Board of Appeals in deciding this appeal: (attach additional pages if needed) ( a) 1 | | “Tht: +o Tos TO BE COMPLETED ONLY WHEN A USE VARIANCE IS BEING REQUESTED: A Use Variance is requested because the applicable regulations and restrictions in the Zoning Code of the Town of Aurora have caused unnecessary hardship as demonstrated by the following: 1) | cannot realize a reasonable return on my property for each and every permitted use allowed in the current zoning classification as demonstrated by the accompanying financial evidence (provide financial evidence to support your argument). Financial Evidence Provided Yes — No (financial evidence is required per NYS Town Law) 2) Describe why your alleged hardship relating to the subject property is unique and does not apply to other properties in the zoning district or neighborhood: 3) Describe why you believe that the essential character of the neighborhood/community will not change if the Zoning Board of Appeals grants you a use variance: 4) Is your need for a use variance a result of you own actions (is your difficulty self-created)? Please explain: (Attach additional pages if needed)

SUPERVISOR TOWN CLERK Charles D. Snyder Martha L. Librock (716) 652-7590 (716) 652-3280 csnyder(@townofaurora.com townclerk(@townofaurora.com TOWN OF AURORA Aurora Municipal Center 575 Oakwood Avenue, East Aurora, NY 14052 www.townofaurora.com TOWN COUNCIL MEMBERS Robert and Jennifer Brayman 559 South St Luke Wochensky East Aurora, NY 14052 [email protected] Joseph M. McCann April 16, 2026 [email protected] Mr. & Mrs. Brayman, Raymond M. Wrazen rwrazen(@townotaurora.com The Building Department has reviewed your request to construct a deck at the front of your residence at 559 South St. The request has been denied because it fails to meet the SUPT. OF HIGHWAYS requirement for the front yard setback in the Residence-1 (R1) Zoning District in which it David M. Gunner is located. There is an existing neighborhood front yard setback average of 57.21”. (716) 652-4050 highway(@townofaurora.com Section 116-8.1E(2) CODE ENFORCEMENT Requirement: Where 20% or more of the lots in the same block on the same side of the OFFICER street and within 1,000’ of a proposed building are improved with buildings, the average Elizabeth Cassidy (716) 652-7591 setback of such existing buildings shall establish the minimum setback or building line. [email protected] This provision shall not be interpreted to permit a front yard depth of less than 45’. Requested: Front yard setback of 26.5’ ASSESSOR Variance: 30.71’ Stephen R. Pigeon assessor(@townofaurora.com (716) 652-0011 This letter serves as notice that we have received the application and fee for the Zoning Board of Appeals. You will receive notification from the Town Clerk with the date and DIR. OF RECREATION time of the next available hearing. If you have any questions, please contact our office at Christopher Musshafen 652-7591. (716) 652-8866 [email protected] TOWN ATTORNEY Brigid M. Maloney TOWN JUSTICE Jeffrey P. Markello Code Enforcement Officer Anthony DiFilippo [V HISTORIAN Robert L. Goller (716) 652-7944 [email protected] FAX: (716) 652-3507 This institution is an equal opportunity provider and employer.

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or ees CHARLES J, ROSEN & WIFE LIBER 1808 PAGE 506 CENTER LINE OF SOUTH STREET THERLY CORPORATION LINE 1722.62' D&M TO THE rere mote {E VILLAGE OF EAST AURORA CENTER LINE CF OLEAN ST. ieee reese SOUTH LINE OF aa sc a ae SOUTH STREET SO . osa & :¢ 2 § 3 ae i ee a i en iden, qi } = a A 5 % Fy : ¥ nner s 4 Sap om acy — FSA ib * rine Sel Gemeel, Fe > s 2 ¢ inn ’ Bu Oe tte DO 2 ° we da: iy + ke 2 STORY FRAME HOUSE FRAME MovEep ( 4% eer 6.38" | NO. 55% HOUSE 6.91" 22,8" SBASL SS CHUVE 2.8° EAST i BLOCK , | j Phe . CARAGE iy “Spe = a nes ah P oe m j oonemenreca ‘om 18.4° @ v e see Ng Stisig i ab D & ; PEE Z a; ; } ttt Chee pti, BLACKTOP CORE J = = ¢ ra Al : *y : | Pann O faa) = ~ UW xt Se N N a ae - | WEST LINE OF i) ROSEN L. 1808 P. 500 va > a & = og an) fer) FENCE POST Oo if} ie} 2.57' WEST _— ~ MANGUSO LAND SL PROF LAND SUR 572 TUSCAROE 0.94" a 7 ANGOLA,NY 1 _— 9 SHED PHONE & FAX 716 HE - LIC NO 0497 EMAIL Rick@MangusoLar SUCCESSOR TO THE REC WILLIAM ©. QUCKLA NORMAN B. FOHNS 71.50° D&M WILSON M. HUNTE FENCE POST 3.29 WEST LEGEN ‘\ 1.17? SOUTH PARALLEL WITH THE CENTER LINE OF SOUTH STREET These standard sym be found in the dra venae {STOW} WO Sseysind ues nod asojeq alAoq “su Aq POeAISDel SQ ISNU! WHOL SIUL nee . EXISTING IF 9 SET IRON P “<- UTILITY PO BOUNDARY es CRAPPER DP NE

Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. prpoers and Gannifer OOM) Part 1 — Project and Sponsor Information Name of Action or Project: u9 Redd EMO, ior “pot Project Location (describe, and attach a location map): BSA Sous os. eact Avmm OM Brief Description of Proposed Action: Spang boen LKIStUG Concrcky dad oud Ne OO) ho DARS OL ROAD Name of Applicant or Sponsor: Telephone: ~|\ly- 6007 “1035 : Avior % Qenindin VA teuman — Mioray man" &) Onan7 E-Mail: I t Address: E54 Dos Gv City/PO: a QoKoren State: pou Zip \Ao SO. 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that E4 | may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: | , 3 TWA build Oot + | 3. a. Total acreage of the site of the proposed action? 4 acres b. Total acreage to be physically disturbed? 1D Sa&4 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? » Ab _ acres 4. Check all land uses that occur on, are adjoining or near the proposed action: [] Urban [J Rural (non-agriculture) LJ Industrial [_] Commercial rae Residential (suburban) [-] Forest [[] Agriculture [_] Aquatic [_] Other(Specify): [| Parkland Page | of 3 SEAF 2019

5. Is the proposed action, N/A 21 1 | 2 HN) & CO} ¢ a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: Z| INIRI Z| 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO | YES If No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO | YES If No, describe method for providing wastewater treatment: 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district YES Nit which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? IRIMz b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:

14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: [_]Shoreline [_] Forest [_] Agricultural/grasslands [_] Early mid-successional []Wetland [-] Urban [_] Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? 4)| 2 NOs Oe Oe 16. Is the project site located in the 100-year flood plan? JS S/RZ 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water g or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: é] 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO | YES management facility? If Yes, describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO | YES completed) for hazardous waste? If Yes, describe: a I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: uf | Ib | Ib Applicant/sponsor/name: , V9 hs - Dr qi WAMN—— a ‘4 . a? Signature: | | ad ° Title: Owe’ in ae ad PRINT FORM Page 3 of 3

INSTRUCTIONS(RP-£217-PDF -INS): www.orps.state.ny.us FOR COUNTY USE ONLY New York State Department of C1. SWIS Code | LUV do 4 J Taxation and Finance C2. Date Deed Recorded |_ iv) eZ 4 } 5 | Office of Real Property Tax Services . Month Oay +. Yea RP- 5217-PDF C3. Book ut { L.@, 1 jca.Page (4 qu, , | aR! | Real Property Transfer Report (8/10) AURORAASSESsoRe OPPIC! PROPERTY INFORMATION | 1. Property 559 South Street Leéation aes * STREET NUMBER * STREET NAME Aurora 14052 * CITY OR TOWN VILLAGE * ZIP CODE 2. Buyer Brayman f£/k/a Lewis Jennifer A. hare “ LAST NAME/COMPANY FIRST NAME Brayman Robert L. LAST NAME/COMPANY FIRST NAME 3. Tax indicate where future Tax Bills are to be sent Billing if other than buyer address(at bottom of form) “Pinan Sher hae ree ae Address a: STREET NUMBER AND NAME CITY OR TOWN STATE | » att 4, indicate the number of Assessment 1 # of Parcels ‘5 Cc] Part of a Parcal {Only If Part of a Parcel) Check as they apply: = Roll parcels transferred on the deed R 4A. Planning Board with Subdivision Authority Exists hoe Property 70 Xx 225 OR 0.00 48. Subdivision Approval was Required for Transfer * FRONT FEET * DEPTH *ACRES = 4C, Parcel Approved for Subdivision with Map Provided Brayman £/k/a Lewis Jennifer A. 6. Seller * LAST NAME/COMPANY FIRST NAME Name LAST NAME/COMPANY FIRST NAME “7, Select the description which most accurately describes the Check the boxes below as they apply: use of the property at the time of sale: 8. Ownership Type is Condominium A. One Family Residential 9, New Construction on a Vacant Land OOO 410A. Property Located within an Agricultural District 108. Buyer recaived a disclosure notice indicating that the property is in an Agricultural District [SALE INFORMATION| 16. Check one or more of these conditionsas applicable to transfer: x A. Sale Between Relatives or Former Relatives aomeswnoe — __ZIS\O\S\ 5, 11. Sale Contract Date B. Sale between Related Companies or Partners in Business. SZ C. One of the Buyers Is also a Seller O.~ Buyer or Seller is Government Agency or Lending Institution x E. Deed Type not Warranty or Bargain and Sale (Specify Below) |_| F. Sale of Fractional or Less than Fee Interest (Specify Below) *43, Full Sale Price 1 .00 |__| G. Significant Change in Property Between Taxable Status and Sale Dates H. Sale of Business is Included in Sale Price ( Full Sale Price is the total amount paid for the property including personal property. |_| |. Other Unusual Factors Affecting Sale Price (Specify Below) This payment may be in the form of cash, other property or goods, or the assumption of J. None mortgages or other obligations.) Please round to the nearest whole dollar amount, *Comment(s) on Condition: 14, Indicate the value of personal property Included In the sale 00 ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill | 16. Year of Assessment Roll from which information taken(YY) 14 “47. Total Assessed Value 94,600 *48, Property Class 210 1 *49. School District Name Bast Aurora *20. Tax Map Identifier{s)/Roll Identifier(s) (if more than four, attach sheet with additional identifier(s)) 175.16-1-11 | CERTIFICATION | | Certify that all of the items of Information entered on this form are true and correct (to the best of my knowledge and bellef) and | understand that the making of any willful false statement of material fact herein subject me to the_provisions of the penal law | relative to the making and filing of faise Instruments. B NT ! (Enter information for the buyer. Note: If buyer is LLC,soclety, association, corporation, Joint stock company, estate or entity that is not an individual agent or fiduciary, then a name and contact information of an individual/responsibie parly who can answer questions regarding the transfer must be entered. Type or print claarty.) Brayman Jennifer & Robert * LAST NAME FIRST NAME AR OME, TELEPHONE NUMBER (E> s9adges, 559 South Street * STREET NUMBER * STREET NAME East Aurora NY 14052 “CITY OR TOWN “STATE *21P CODE ER’ Flaherty Carol A. LAST NAME FIRST NAME (716) 652-9600 AREA CODE TELEPHONE NUMBER (Ex: 6999999} Book11287/Page496 Extra Page 1 Page 4 of 4

Bl 131 _ QUIT CLAIM DEED THIS INDENTURE, made the 4, of October, 2015, between Jennifer A. Brayman, f/k/a Jennifer A. Lewis, residing at 559 South Street, East Aurora, New York 14052, party of the first part, and Jennifer A. Brayman and Robert L. Brayman, husband and wife, residing at 559 South Street, East Aurora, New York 14052, party of the second part, WITNESSETH, that the party of the first part, in consideration of One and No More Dollars, lawful money of the United States, paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL THAT TRACT OR PARCEL OF LAND...see attached Schedule A THIS deed is made not to defraud creditors, nor does it render the Grantor herein insolvent. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires, IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: CLrnd on ll Kayman ennifer A. Brayman f/k/a fennifer A. Lewis STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: On the SMa, of October, in the year 2015 before me, the undersigned, personally appeared Jennifer A. Brayman f/k/a Jennifer A. Lewis personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within/attached instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. ya Signature and Office of Individual Hales Taking Acknowledgment (affix stamp) CAROL A. FLAHERTY Notary Public, State of New York Qualified in Erie County " 7 My Commission Expires December 28, 20 { j YW Z WY per Aw ~ GV ‘ Book11287/Page495 Page 2 of 4 ee ee

Schedule “A* ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Aurora, County of Erie and State of New york, being part of Lot No. 22, Township 9, Range 6 of the Holland Land Company’ s Survey, bounded and described as ’ follows: ‘BEGINNING at a point in the center line of South Street which is the southerly Corporation line of the Village of East Aurora, 1722.62 feet west from ite intersection with the center line of Olean Street which is also the northwest corner of lands conveyed to Charles J. Rosen and wife by dead recorded in Erie County Clerk’s Office in Liber 1808 of Deeds at page 500; thence southerly along the westerly line of said Rosen’s land and a gontinuation thereof to a point 225 feet southerly from the center line of South Street; thence westerly parallel with the center line of South Street about 71.5 feet to a point in a line drawn southerly at an angle of 88° 14! from a point in the center line of said street 70 feet westerly from the joint of beginning; thence northerly along said line about 225 feet to the center line of South Street; thence easterly along said center line 70 feet to the place of beginning. Book11287/Page496 Page 3 of 4

cuscouvrycisnxsormce ——_ATMIANIINTTNA TAIT County Clerk's Recording Page —_ er Book Type: D Book: 11287 Page: 494 Page Count: 3 Doc Type: © DEED Rec Date: 10/23/2015 Part} 1: Rec Time: 12:30:55 PM Cc #: 2015217946 BRAYMAN JENNIFER A FKA | a Nace Party 2: Trans #: 15172981 BRAYMAN JENNIFER A N mona 06 a _— Recording Fees: Consideration Amount: 1.00 RECORDING $35.00 BASIC MT 0. COE STATE $14.25 GEN $14.25 ADDL MT/NFTA $0.00 COE STATE $4.75 RM $4.75 SP MT/M-RAIL $0.00 RP5217 CNTY $9 $9.00 NY STATE TT $0.00 RP5217 ST-RES $116 $116.00 ROAD FUND TT $0.00 TP584 $10.00 . Total: $190.00 STATE OF NEW YORK ERIE COUNTY CLERK’S OFFICE _ WARNING — THIS SHEET CONSTITUTES THE CLERK’S ENDORSEMENT REQUIRED BY SECTION 319&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL. _ Christopher L. Jacobs County Clerk ~ Book11287/Page494 | Page 1 of 4