2085 BOIES ROAD (full text)

CASE NO. _| 54Y DATE OF HEARING L/14/ZL 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 Vv AREA VARIANCE SPECIAL USE PERMIT USE VARIANCE INTERPRETATION ll. APPLICANT/PETITIONER Applicant's Name _ JV OrdAan LACNInWw ALISSQ Lacningn Address_2O085 Boies RA City WEST Fas State NY ZIPA*\-] O Phone Se SEs Fax EN] aS Interest in the property (ex: owner/purchaser/developer) & Ill. PROPERTY OWNER INFORMATION (If different from applicant information.) Property Owner(s) Name(s) Address City State ZIP Phone Fax Email lll. PROPERTY INFORMATION Property Address 2ZOSBS BoieS Rd est Falls NYI4ITO SBL#_200.00-4-\W.A2 | ' Property size in acres 1.19 Acres Property Frontage in feet 12 5 : 0) O Zoning District__. RRIA Surrounding Zoning , 22/4 Current Use of Property, thane - SFO v IV. REQUEST DETAIL (check all that apply) S€ Variance from Ordinance Section(s) #_§/ g/é YQ rd SPI ba CLx [16-944(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 ) Sonailne of ‘Applicant/Petitioner ALISSQ Lachinag Print name of Applicant/Petitioner State of New York; County of Erie On the J day ofApea:( inthe year 202% 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 purpose rein one, Se Public ae (Notary stamp) TESSANDRA MOSIER Notary Public - State of New York No. G1MO6445682 Qualifted in Cattaraugus County Miy CSommissien EERIE 12/27/2026 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 ” see atiacne 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)

To the Town of Aurora Zoning Board, lam respectfully requesting a variance to allow construction of a charcoal-colored 26'x 40' pole barn with a mean height of 14’, to be located 10 feet from my property line. Due to the position of my house on the lot, placing the pole barn at the 10-foot setback is necessary to make access to the building practical and feasible. A greater setback would significantly limit the ability to access and use the barn properly. In addition, the orientation of my house causes a direct view toward my neighbor’s house from my dining area. The proposed barn would also help provide privacy and improve the overall use and enjoyment of my property. | am requesting this variance so the structure can be placed in a location that works with the existing layout of my property while still maintaining an appropriate setback. Thank you for your time and consideration of this request. Sincerely, Jordan Lachina A

SUPERVISOR TOWN CLERK Charles D. Snyder Jeanne H. Viger (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.townofaurorany.gov TOWN COUNCILMEMBERS May 11, 2026 Jessica B. Armbrust jarmbrust(@townofaurorany. gov Jordan LaChina Joseph M.McCann ~—- 9985 Boies Road [email protected] East Aurora. NY 14052 Raymond M. Wrazen rwrazen(@townofaurora.com Jordan, SUPT. OF HIGHWAYS sq as ‘ David M. Gunner Lhe Building Department has reviewed your request for an accessory structure (barn) at (716) 652-4050 | 2085 Boies Road. The request has been denied because it fails to meet the requirement for [email protected] — side yard setback in the Rural Residential (RR) zoning district in which the accessory structure is located. CODE ENFORCEMENT OFFICER Elizabeth Cassidy (716) 652-7591 Sections 116-8.4G(2) [email protected] § Required: Accessory building/structure: a distance equal to the mean height of the proposed accessory building/structure, but not less than 10 feet. ASSESSOR Stephen R. Pigeon Requeste d: : 10’ side side yar yard setback setback fromfrom thethe soutl south property liline. [email protected] Wariance: 3’-8” - This is based on the mean height of 13’-8” of the accessory structure (716) 652-0011 (barn). DIR. OF RECREATION Christopher Musshafen . . . oo, ; (716) 652-8866 This letter serves as notice that we have received the application and fee for the Zoning [email protected] Board of Appeals. You will receive notification from the Town Clerk with the date and time of the next available hearing. If you have any questions, please contact our office at TOWN ATTORNEY 652-759] Brigid M. Maloney ; TOWN JUSTICES Sincerely, Jeffrey P. Markello James F. Granville fp > Robert L. Goller Richard M (716) 652-7944 Assistant Code Enforcement Officer [email protected] FAX: (716) 652-3507 This institution is an equal opportunity provider and employer.

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2085 Boies Rd Page 1 of 1 near East Aurora Printed from my iPhone 2085 Boies Rd 2085 Boies Rd

Short Environmental Assessment Form Part 1 - 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. Part 1 — Project and Sponsor Information Name of Action or Project: p 0 / p Ba r Nn Project Location (describe, and attach a location map): 2085 Boies Bo See attached Brief Description of Proposed Action: 2ipx 0 pole barn ltl Off Property ine Name si Applicant or Sponsor: ; Telephone: —————— TOFAAN LACH 1/Q+N\\sSO LOCh ine 85 By 2) Dol vainly Address: a City/PO: sae Ty 7 = West Falls 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that | [| 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: - TA Ls Dept LI 3. a. Total acreage of the site of the proposed action? Y * {.15 acres b. Total acreage to be physically disturbed? .O13__ acres c. Total acreage (project site and any contiguous properties) owned L or controlled by the applicant or project sponsor? UNS acres 4. Check all land uses that occur on, are adjoining or near the proposed action: [_] Urban MM Rural (non-agriculture) [_] Industrial [[] Commercial [1] Residential (suburban) L_] Forest iM Agriculture [-] Aquatic [_] Other(Specify): [__] Parkland Page | of 3 SEAF 2019

5. Is the proposed action, N/A aie : KK] a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO | YES 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? NO | YES If Yes, identify: Kl 2) Z 8. a. Will the proposed action result in a substantial increase in traffic above present levels? IKI 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? Z, @) If the proposed action will exceed requirements, describe design features and technologies: PS 10. Will the proposed action connect to an existing public/private water supply? NO | YES If No, describe method for providing potable water: q 11. Will the proposed action connect to existing wastewater utilities? YES Kl 8 If No, describe method for providing wastewater treatment: [3] 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district YES 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? kK 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? IBZ 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: Page 2 of 3

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 4] 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? 2] AS Oe) Oe FO )\Ole) Dx EIS] 16. Is the project site located in the 100-year flood plan? 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 NO | YES or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: : 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? x If Yes, describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Nie ‘4 Aer TACN \ YV\OW. Date: 4A. [ ZO / 2\y Signature: GZ Title: Chey, OWdO ~N CY PRINT FORM Page 3 of 3

INSTRUCTIONS: hitp:/Avww.orps.state.ny.us or PHONE (518) 473-9791 FOR COUNTY USE ONLY REAL PROPERTY TRANSFER REPORT C1. SWIS Code pt U2dy, a J STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES C2. Date Deed Recorded | O' / i\ vA 25 J C3. Book | \. l Ft, # ek. Fege | WA 6 ' SF, RP - §217- PDF RP-5217 Rev 1/29/09 PROPERTY INFORMATION | 1.Property 2085 Location Boies Road * STREET NUMBER ZL * STREET NAME. ——— Aurora 14052 * CITY OR TOWN VILLAGE *2IP CODE 2, Buyer Lachina Jordan A. meee * LAST NAME/COMPANY FIRST NAME Terhart Alissa M. LAST NAMEICOMPANY FIRST NAME 3. Tax . Bui Indicate where future Tax Sills are to be sent ing Address if other than buyer address(at bottom of form) TAST NANECOUEANY Saat NA STREET NUMBER AND NAME CITY OR TOWN STATE ZIP CODE 4. indicate the number of Assessment 1 ‘a Part ofa Parca! (Only If Part of a Parcel) Check as they apply: Roll parcels transferred on the deed —___! # of Parcels on 4A. Planning Board with Subdivision Authority Exists CT] 5. Deed 125 X 400 OR 1.15 4B. Subdivision Approval was Required for Transfer — ty ° FRONT FEET > DEPTH “ACRES C] me 4C.Parcel Approved for Subdivision with Map Provided r] Marfurt Deborah &. Seller * LAST NAME/COMPANY FIRST NAME Name LAST NAMB/COMPANY FIRST NAME “7. Select the description which most accurately describes the vidicnaiie boxes neon as el apply: use of the property at the time of sale: 8. Ownership Type is Condominium A Lone fam i ly PLA deh. a4 9. New Construction on a Vacant Land OOOO 140A. Property Located within an Agricultural District 10B. Buyer received a disclosure notice indicating that the property is in an Agricultural District {SALE INFORMATION} 15. Check one or more of these conditions as applicable to transfer: |_| A. Sate Between Relatives or Former Relatives 14. Sate Contract Date 10/01/2020 |__| B. Sale between Related Companies or Partners in Business. |_| C. One of the Buyers is also a Seller P D. Buyer or Seller is Government Agency or Lending Institution * 42. Date of Sale/Transfer Ol / o tf CDR | |_| E. Deed Type nat Warranty or Bargain and Sale (Specify Below) |__| F. Sale of Fractional or Less than Fee Interest (Specify Below) °43, Full Sale Price 309,000 00 |__| G. Significant Change in Property Between Taxable Status and Sale Dates ( Full Sale Price is the total amount paid for the property including personal property. H. Sale of Business is Included in Sale Price . | 1. 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. ral Comment(s) on Condition: 14, Indicate the value of personal 0 property included in the sale .00 i ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill | 16. Year of Assessment Roll from which information taken{YY) 20 “17. Total Assessed Value 282,769 *48. Property Class 210 _ “19. School District Name East Aurora *20, Tax Map identifier(s}/Roll identifier{s) (If more than four, attach sheet with additional identifier{s)) 200.00-4-16.12 | CERTIFICATION | | Certify that all of the items of information entered on this form are true and correct {to the best of my knowledge and belief) and | understand that the making of any willful faise statement of material fact herein subject me to the provisi of the penal ons jaw relative to the making and filing of false instruments. SELLER SIGNATURE (Enter information for the buyer. Note: {f buyer is LLC, society, association, corporation, joint stock company, estate or entity that is not an individual agent or fiduciary, then a name and contact int ion of an individuals dit Sg) ye i \ .> j PY j q { Ww party who can answer questions regarding the transfer must be entered. Type or print clearly.) SELLER SIGNATURE . DATE BUYER SIGNATURE Lath: WA B28 2 LAST NAME FIRST NAME . 2/e G83 Yi7t / - ? ~ wn On, / AREA CODE TELEPHONE NUMBER (Ex: 9999999) BUYER SIGNATURE ABS BHEERD DATE F * STREET NUMBER * STREET NAME EAST riU ROA Wy sfés2 “CITY OR TOWN “STATE “ZIP CODE BUYER'S ATTORNEY Deew DEAN LAST NAME FIRST NAME TIO AREA CODE SES /1T/TELEPHONE NUMBER (Ex: 9999999} Book11372/Page6061 Extra Page 2

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 Great Lot No. 25, Township 9, Range 6 of the Holland Land Company's Survey, being more particularly described as follows: , BEGINNING at a point on the center line of Boies Road, 1,208 feet north of the intersection of said center line with the south line of Great Lot 25; thence running westerly at right angles to said center line, 400 feet to a point; running thence northerly parallel with the center line of Boies Road, 125 feet to a point; running thence easterty at right angles to the previously described course,400 feet to the center line of Boies Road; running thence southeasterly along the center line of Boies Road, 125 feet to the point or place of beginning. a Book113/72/Page6061

SESSA CMichael P. Kearns : [ey yim Erie County Clerk He, Wg ey f 92 Franklin Street Oo—v, ey Buffalo. New York 14202 to Deborah Maur 4430 Avondale Drive NOTICE Williamsville NY 14221 From County Clerk Michael P. Kearns regarding a change in ownership of your property NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY To: Deborah Marfurt (name of owner of record) Our records show that you are listed as the current owner of record for residential property: Section: __ 200.00 Block: _ 4 Lot: 16.12 Located At: 2085 Boies Road , Aurora , County of Erie, New York (street address) (city/town/village) On January |( 2021, documents were filed at this office to change ownership and transfer title of your property. To: Jordan A. Lachina and Alissa M. Terhart (name of new owner) If you have any questions regarding the validity of the documents, and wish to dispute the recording of this transfer, you should obtain legal counsel. If you believe you are the victim of a crime related to this recording, contact your local law enforcement agency of, if in the City of New York, the office of the Sheriff. Book1 1372/Page6061 Extra Page 1

ERIE COUNTY CLERK'S OFFICE County Clerk's Recording Page Return to: Book Type: D Book: 11372 Page: 6059 BOX 94 Page Count: 3 Doc Type: DEED Rec Date: 01/11/2021 Rec Time: 03:06:57 PM Party 1: Control #: 2021005437 MARFURT DEBORAH UserID: Aaron Trans #: 21004328 Party 2: Document Sequence Number LACHINA JORDAN A TT2020012453 Recording Fees: Consideration Amount: 309000.00 RECORDING $35.00 BASIC MT $0.00 COE CO $1 RET $1.00 SONYMA MT $0.00 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 $1,236.00 RP5217 ST-RES $116 $116.00 ROAD FUND TT $1,545.00 TP584 $10.00 Total: $2,971.00 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. Michael P. Kearns Erie County Clerk Book11372/Page6059

7 : boy 44 _ + + CHER D baw Warranty Deed Indenture, made the av day of Decemory oe This Between DEBORAH MARFURT 4430 Avondale Drive Buffalo, NY 14221 Grantor, and JORDAN A. LACHINA and ALISSA M. TERHART 6271 Clinton Street Elma, NY 14059 AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP Grantees Witnesseth, that the Grantor, in consideration of One & More Dollars ($1 & More), lawful money of the United States, paid by the Grantees, does hereby grant and release unto the Grantees, their heirs, distributees and assigns forever. SEE ATTACHED SCHEDULE “A” Together with the appurtenances and all the estate and rights of the Grantor in and to said premises. distributees To have and to hold, the above granted premises unto the Grantees, their heirs, and assigns forever. And said Grantor covenants as follows: First, that said Grantees shall quietly enjoy the said premises; Second, that said Grantor will forever Warrant title to the said premises; Third, that this conveyance is subject to the trust fund provisions of section thirteen of the Lien Law. . In Witness Whereof, the Grantor has hereunto set her hand on the date respective of the acknowledgments for each below. > Deborah Marfurt State of New York ) County of Erie ) ss: On the 24" day of Dec mian, , 2020, before me, the undersigned, a notary public in proved and for the State of New York, personally appeared Deborah Marfurt, personally known to me or evidence to be the individual whose name is subscribed to the within to me on the basis of satisfactory signature instrument and acknowledged to me that she executed the same in her capacity, and that by her acted, executed the on the instrument, the individual, or the person upon behalf of which the individual instrument. TRACI L. O'HALLORAN | Bars = Cy Hadlco~ Notary Public, State of New York Qualified in Erie County My Commission Expires April 1, QAR 3 0% = gist Avi. peep- A Book11372/Page6060

Frank Kumro 2087 Boies Rd West Falls, NY 14170 To Whom It May Concern, |, Frank Kumro, am the owner of the property located at 2087 Boies Rd West Falls, NY 14170, which adjoins the property of Jordan Lachina at 2085 Boies Rd West Falls, NY 14170. | have been informed that my neighbor intends to apply for a side setback variance in order to construct a pole barn approximately 10 feet from our shared property line. | have reviewed the proposed location and have no objection to the variance request orto the construction of the pole barn as described. Please accept this letter as my written consent and support for the requested side setback variance. Sincerely, Frank Kumro 7Io -484-s22>

Courtney Okhamvilaysack 2081 Boies Rd West Falls, NY 14170 To Whom It May Concern, 1], Courtney Okhamvilaysack, am the owner of the property located at 2081 Boies Rd West Falls, NY 14170, which adjoins the property of Jordan Lachina at 2085 Boies Rd West Falls, NY 14170. | have been informed that my neighbor intends to apply fora side setback variance to construct a pole barn 10 feet from the property line. | have reviewed the proposed location and have no objection to the variance request or to the construction of the pole barn as described. Please accept this letter as my written consent and support for the requested side setback variance. Sincerely, ( ) cL — Courtney Okhamvilaysack