0 UNDERHILL ROAD (full text)
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Page 1
CASE NO. GU i
DATE OF HEARING / {{b [2
Town of Aurora Zoning Board of Appeals
575 Oakwood Avenue, East Aurora, New York 14052
Zoning Board of Appeals Application Form
I. TYPE OF REQUEST
x AREA VARIANCE ____ SPECIAL USE PERMIT Muse VARIANCE _____ INTERPRETATION
il. APPLICANT/PETITIONER
Applicant’s Name _ | ALISON Cullens and Con cm Ferm CU
Address _ 14 vn Ver Yoad , . :
city_ Poy tailo State NU aT 4220
Phone “]\\p- 2U4- OLK0 Fax Email FermWUCol © Awa. (46m
Interest in the property (ex: owner/purchaser/developer) OWNers
Ill. PROPERTY OWNER INFORMATION ((f different from applicant information. )
Property Owner(s) Name(s)
Address
City State ZIP
Phone Fax Email
lll. PROPERTY INFORMATION
Property Address Lye inden Malli Ra
sBL#__ | 08. 06 - oH
Property size in acres 2. Wk : Property Frontage in feet \1 7’ Wadi 667 blilel,
Zoning District Yara! vesiaennal furounding Zoning _\l i JA [ids
Current Use of Property V il ( il + | an
IV. REQUEST DETAIL
check all that apply)
Variance from Ordinance Section(s) #__] \le- GH uf
Special Use Permit for:
X_Use Variance for:_IN- {Aw SUK
___ Interpretation of
Page 2
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)
tho |G —
Signature of ee
CO acicce ferruce | | psi (Wlleny
Print name of Applicant/Petitioner
State of New York; County of Erie
On the 26/day of May in the year 2029 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
S f Va rein stated.
PAUL S. WALIER, ESQ.
(Notary stamp) NOTARY PUBLIC, STATE OF NEW YORK
Registration No. O2WA5088575
Qualified in Erie County <—q@4
Commission Expires November 28, 20” /
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
Page 3
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)
We ate rodiaecrhnd a vanane \erute the natural chevadtns and
Avade ok the bint mave the pmndicd home, dation the Moc
pcolancll Ona Ve leave Ophon “hr the ate. Due 2 Hw oasnn?g
RYO Tab, +e a \C Ae aned to have A WE out adic Yoon
The ©
Wig nds with Ene, C\eyahbh changes & Lhe \oet me han
(owing exrescue avadlnd ov abererhont ts +e. nngery. 1 uf
aWow) 3 usis Nae A eau, cathe Nan “a dey ard
7? Yedon tv the We vananw iC -b include ah _th-law Guia . The
pre 1) O& finde Farnild Nowe And tit it i Ta UW. The
pulonnse at Fredin | ain iy tl to Coe fannild, U needed, When
Ue Time Ans.
TO te 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 mh (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: ey nav ag + hg ym) Vou
AN)
AVOCA AO gyvizs sional Lontrathn Howat velo nNded Khe han
we Wnderlil OA Th, Canes in ehevathon + Arad ind thant at hy,
poner ave necescan) for hore desiin ahd olarMnentDt allonnnd dfe, proper
A faint ] Wit WA Waiewment. We cevahon plone ot the lo hints
3) anne
Fannie wuilding
hy you
Yohons:
believe Mat the essential character of the neighborhood/community will not
change if the Zoning Board of Appeals grants you a use variance:
Cirnwhng the Veaiaessed Woe WEN Acs Will ot aren the ce nhal
Ontirantey of} Safe noahtichoed peace tne OWnOveA UO Wil Y2MALN
Cavdorbal in Nove and vant! be contistant! WA Ya
en
SAMA aa plain,
4) Is your need Sr a use variance a result of you own actions (is your ev self- created)? Please
explain: The reaion ty yo UK Vintner i tw dnc nw _t
Lntiiihe Ov inion Cure . The nc use Lt dv rei nde dandy.
Vor ANA +he p\uipsd “6k ve ule, “WW pelu to cre fey farnly =
(Attach additional pages if needé d) if yeea ey Wren AWne Hine anyes
Pssisted Dwelling Unt [' AW) five tin the NOW comyvehenive plan,
Page 4
Town of Aurora Zoning Board of Appeals
575 Oakwood Avenue Application
East Aurora, NY 14052 Owner Authorization
www.townofaurora.com
The undersigned, who is the owner of the premises know as:
(0. Winder h i {J eAdN EAs. BWA NAS entiied as Tax Map spit BB. 00 “lad
(address)
hereby AUTNOSLIZES 2... eee e cece eee eee tenet tee nee neeneneneeenenes to bring an application for\e) area variance
( ) special use permit \ fuse variance ( ) interpretation before the Town of Aurora Zoning Board of
Appeals for review and potential approval. The undersigned further permits the Town or its authorized
representative(s) access to the property to review existing site conditions during the review process.
Carissa fereuce | buen Culler’ Date
05]20]20Lb
Owner (print)
Oh
Owner (signature) Cem
STATE OF NEW YORK )
ss
COUNTY OF ERIE )
On this Lo day'of M G — ; 20d y before me, the undersigned, a notary public in and for said state,
personally appeared PALO” Cu. (nf (nds a Eé (Mébersonally known to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument. 4
PAUL 8. WALIER, ESQ.
Notary Puplic NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 0O2WA5088575
Qualified in Erie County <9 &%
Commission Expires November 28, 26 i
Page 5
SUPERVISOR Tun at TOWN CLERK
Charles D. Snyder AUT Ola Jeanne H. Viger
(716) 652-7590 SYN (716) 652-3280
csnyvder@townofaurorany. gov — [email protected]
TOWN OF AURORA
Aurora Municipal Center
575 Oakwood Avenue, East Aurora, NY 14052
www.townofaurorany.gov
TOWN COUNCIL MEMBERS Ajlison Cullens & Carissa Ferrucci
Jessica B. Armbrust 130 Culver Rd
Buffalo, NY 14220
[email protected]
Benjamin T. Garvey June 23, 2026
[email protected]
Joseph M. McCann RE: V/L Underhill Rd SBL: 188.00-1-6.34
im [email protected]
Ms. Cullens & Ms. Ferrucci,
Raymond M. Wrazen
[email protected]
The Building Department has reviewed your request to construct a residence on Underhill
Rd, SBL: 188.00-1-6.34. The request has been denied because it fails to meet the
SUPT, OF HIGHWAYS requirement for the side yard setback in the Rural Residence (RR) Zoning District in
David M. Gunner which it is located. The proposed in-law apartment is not an allowed use in the RR
; (716) 652-4050 Zoning District and use variance is required.
[email protected]
CODE ENFORCEMENT _ The primary street is Underhill Rd, and the proposed residence meets the front yard
_ OFFICER setback requirement on Underhill Rd. Town Code Section 116-8.4F(3) allows for the
Elizabeth Cassidy —_ secondary street, in this case Blakeley Rd, to have a 45’ front yard setback and the
-759] . . .
buildine@ own fon proposed residence meets this requirement also.
ASSESSOR Section 116-8.4G(1)
Stephen R. Pigeon Requirement: A side yard setback for a principal building a minimum of 20’.
(716) 652-0011 Requested: Side yard setback of 15.086’
[email protected] . 5
Variance: 4,914
DIR. OF RECREATION
Christopher Musshafen The unenclosed side porch meets the requirements of Town Code Section 116-28E
. (716) 652-8866 —_ provided the above variance is approved and the porch remains unenclosed.
[email protected]
TOWN ATTORNEY This letter serves as notice that we have received the application and fee for the Zoning
Brigid M. Maloney Board of Appeals. You will receive notification from the Town Clerk with the date and
a time of the next available hearing. If you have any questions, please contact our office at
TOWN JUSTICE 652-7591.
Jeffrey P. Markello
James Granville
Sincerely, _ 7
HISTORIAN
Robert L. Goller
(716) 652-7944
q liza Le eassid
[email protected]
Code Enforcement Officer
FAX: (716) 652-3507
This institution is an equal
opportunity provider and employer.
Page 6
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PIN PARALLEL WITH SOUTH LINE LOT 12 — 92.89"
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‘SOUTH LINE OF LOT 12
590.50" c > EO
S 87°49'00"
BLAKELEY eme, RD,
NOTE: THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF AN UPDATED NOTE: tis survey MAP IS VALID ONLY FOR THE DATED INTENT.
ABSTRACT OF TITLE AND [S SUBJECT TO ANY STATE OF FACTS THAT MAP IS NOT VALID ANO VOIDS ALL LIABILITY WITH UNAUTHORIZED REPRODUCTION,
MAY BE REVEALED BY AN EXAMINATION OF SUCH. ALTERATION AND/OR ADDITION TO THIS SURVEY MAP. IT IS A VIOLATION OF SECTION
7209, PROVISION 2 OF THE NEW YORK STATE EDUCATION LAW,
©2025 Landmark Land Surveying Co. Successor to the Records of:
All Rights Raserved Nawton Land Surveying... Est 1995
PL. Est, 1981
I Over 100 years of Records Est 1989
Eat, 1988
ANDMARK Est, 1860
Est 1855
AND SURVEYING CO. Est 1955
™ Est 1855
Est. 1950
PO Box 182+ Sanborn, NY 14132 Eat, 1048
Niagara County (716) 731-4080 5. (718) 71-4499
loutiston, & G.
Houteton,Reekientia!
Est 1908
& Commerclal
Erie County (716 ) 854-6338 . Licensed in the State of New York end Florida |. asaya
TOWN OF AURORA COUNTY OF ERIE NEW YORK UNLESS EMBOSSED WITH
PART OF LOT - 12 TOWNSHIP - 9 RANGE - 6 HOLLAND LAND CO.
REF, DEED L.11289 P.2490
SBL # 188.00-1-6.34 SCALE 1° = 120° JOB # 2250210 DATE : 6/12/2025
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Page 14
| Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
of Part 1. Responses become part of the
project sponsor is responsible for the completion
Part 1 — Project Information. The applicant or verification. Complete Part 1 based on
to public review, and may be subject to further
application for approval or funding, are subject respond to any item, please answer as
research or investigation would be needed to fully
information currently available. If additional
thoroughly as possible based on current information.
e will be needed by or useful to the
e any additional information which you believ
Complete all items in Part 1. You may also provid
to supplement any item.
lead agency; attach additional pages as necessary
Part 1 — Project and Sponsor Information
Allison Cullens and Carissa Ferrucci
Name of Action or Project:
Underhill and Blakley
map):
Project Location (describe, and attach a location
4460 Underhill Road, East Aurora, NY 14052
Brief Description of Proposed Action: propsoed home dsign the most practical and
elevations and grade of the property make the
We are requesting the variance because the natural phy, the home is being designed with a walk out basement that works with the elevation
reasonable optionfor the site. Due o the existing topgra backyard, rather than a side yard
This allows for us to have a
ive grading or alterations of the property.
changes of the lot rather than requiring excess
that works well with our home design.
e
famly home and that is its intended use. The purpos
to include an in-law suite. The home is a single
The reason for the use variance is for the home when the time arises.
if needed,
of the in-law suite is solely to care for family,
comprehensive plan.
Assisted Dwelling Units ("ADU") are in the new
Telephone: 716-343-0280
Name of Applicant or Sponsor:
E-Mail: ferruccici @gmail.com
|
Carissa Ferrucci, Allison Cullens
Address:
130 Culver Road
State: Zip Code:
City/PO: - INY 14220
Buffalo
NO YES
tive adoption of a plan, local law, ordinance,
1. Does the proposed action only involve the legisla
administrative rule, or regulation? that [|
proposed action and the environmental resources
If Yes, attach a narrative description of the intent of the questi on 2.
to Part 2. If no, continue to
may be affected in the municipality and proceed NO YES
Agency?
approval or funding from any other government
2. Does the proposed action require a permit,
If Yes, list agency(s) name and permit or approv
al:
| 4} |
— ? 2.68 acres
3. a. Total acreage of the site of the proposed action 0.7 acres
b. Total acreage to be physically distur bed?
properties) owned
c. Total acreage (project site and any contiguous 2.68 acres
or controlled by the applic ant or projec t sponso r?
or near the proposed action:
4. Check all land uses that occur on, ate adj oining
[_] Industrial [[] Commercial Residential (suburban)
[_] Urban [-] Rural (non-agriculture)
[_] Agriculture [] Aqatic [J Other(Specify):
[| ¥orest
[__] Parkland
SEAF 2019
Page 1 of 3
Page 15
NO YES N/A
5. Is the proposed action,
a. A permitted use under the zoning regulations?
LJ
ZIRININ 2) O18| Osi
b. Consistent with the adopted comprehensive plan?
landscape?
minant character of the existing built or natural
6. Is the proposed action consistent with the predo
YES
it adjoin, a state listed Critical Environmental Area?
7. Is the site of the proposed action located in, or does
Cl
If Yes, identify:
YES
se in traffic above present levels?
8. a. Willthe proposed action result in a substantial increa
OW
near the site of the proposed action?
b. Are public transportation services available at or
ed
routes available on or near the site of the propos
c. Are any pedestrian accommodations or bicycle
action? YES
code requirements?
9. Does the proposed action meet or exceed the state energy
be design features and technologies:
If the proposed action will exceed requirements, descri
NO | YES
public/private water supply?
10. Will the proposed action connect to an existing
If No, describe method for providing potable water:
LI
NO | YES
ater utilities?
11. Will the proposed action connect to existing wastew
treatment:
If No, describe method for providing wastewater
Septic system
site, or district
ntially contiguous to, a building, archaeological
12. a. Does the project site contain, or is it substa
[S||é
by the
of Historic Places, or that has been determined
which is listed on the National or State Register eligibl e for listing on the
tion and Historic Preservation to be
Commissioner of the NYS Office of Parks, Recrea
State Register of Historic Places?
IN
in or adjacent to an area designated as sensitive for
b. Is the project site, or any portion of it, located
vation Office (SHPO) archaeological site inventory?
archaeological sites on the NY State Historic Preser
contain
sed action, or lands adjoining the proposed action,
13. a. Does any portion of the site of the propo
SiiIsié
, state or local agency ?
wetlands or other waterbodies regulated by a federal
or encroach into, any existi ng wetland or waterbody?
b. Would the proposed action physically alter,
of alterations in square feet or acres:
If Yes, identify the wetland or waterbody and extent
Page 16
project site. Check all that apply:
occur on, or ate likely to be found on the
14. Identify the typical habitat types that
Early mid-successional
[_]Shoreline [_| Forest rT] Agricultural/grasslands [_]
[]Wetland [7] Urban |v] Suburban
listed by the State or
in any species of animal, or associated habitats,
15. Does the site of the proposed action conta
joo OeiOle
BINISIE ISIC
gered?
Federal government as threatened or endan
ear flood plan?
16. Is the project site located in the 100-y
YES
oint sources?
water discharge, either from point or non-p
17. Will the proposed action create storm
If Yes,
nt properties?
a. Will storm water discharges flow to adjace
storm drains)?
ted to estab lished conveyance systems (runoff and
b. Will storm water discharges be direc
If Yes, briefly describe:
in the impo undment of water NO | YES
ruction or other activities that would result
18. Does the proposed action include const
lagoon, dam)?
or other liquids (e.g., retention pond, waste
If Yes, explain the purpose and size of the impo undment:
LI
NO | YES
or an adjoining property been the location of an active or closed solid waste
19. Has the site of the proposed action
- management facility?
If Yes, describe: Ca
NO | YES
an adjoining property been the subject of remediation (ongoing or
0.Has the site of the proposed action or oo
completed) for hazardous waste?
If Yes, describe: a
ACCURATE TO THE BEST OF
ON PROVIDED ABOVE 1S TRUE AND
ICERTIFY THAT THE INFORMATI
MY KNOWLEDGE
Date: )S | Al | 2,024,
ee ZZ Aljison Cullens, Carissa Ferrucci
’]
Title: Owners
CC a
Signature: he
Ce ee
PRINT FORM Page 3 of 3
Page 17
PLEASE RECORD. AND RETURN TO:
This Indenture
Made the ‘| day of September, Two: Thousand and Twenty-Five
Between
Grantors: John C. Radford and Emilee Radford F/K/A Emilee Morlock
With an address of 1150. Underhill Road, East.Aurora, New York 14052
and
enA Car ssa Ferru Cc Tenanhs lor the tnh “
Grantee: Allison R. Cullens
ch
With an address of 130 Culver Road, Lower, Buffalo, New York 14052
& More) lawful
Witnesseth that the Grantors in consideration of one and more Dollar(s). ($1.00
and release unto the Grantee
money of the United States, paid by the Grantee does hereby grant
and her heirs and assigns forever,
“A”, which is
All That Tract or Parcel of Land, hereby conveyed is described. as Schedule
attached hereto and made a part hereof.
the Grantors in and to the said
Together with the appurtenances and all the estate and rights of
premises.
Grantee, her heirs, and assigns
To have and to hold, the above granted premises. unto to the said
forever.
And the said Grantors do covenant with the said Grantee as follows:
First. — That the Grantee shall quietly enjoy the said premises.
premises.
Second. — That the Grantors will forever WARRANT the title to said
of the lien law.
Third, — Subject to the trust fund provisions of section thirteen
made to defraud creditors.
This conveyance will not render the Grantors insolvent nor is
DEED RESTRICTIONS:
THE SUBJECT LOT
THE GRANTEE ACKNOWLEDGES AND ACCEPTS THAT
CT TO THE FOLLO WING RESTRICTIONS:
CONVEYED HEREIN SHALL BE SUBJE
DATE OF THE FILING OF
FOR A.TEN (10) YEAR PERIOD EFFECTIVE FROM THE
ON OR PLACEMENT OF
THIS DEED THERE SHALL BE NO CONSTRUCTI
‘HOMES , SINGL E-FAMILY RANCH-
BARNDOMINIUM RESIDENCES, MODULAR
THAN SIXTE EN HUNDR ED (1,600) SQUARE FEET OR
STYLE HOMES SMALLER
TWO THOUSAND
SINGLE-FAMILY COLONIAL-STYLE HOMES SMALLER THAN
OR OUT BUILD INGS.
(2,000) SQUARE FEET EXCLUDING GARAGES
s” and “Grantees” whenever the
The terms “Grantor” and “Grantee” shall be read as “Grantor
sense of this deed-so requires.
day and year first above
In Witness Whereof, the said Grantors have set their hand and seals the
written.
[BALANCE OF PAGE LEFT BLANK INTENTIONALLY,
SIGNATURE PAGES TO FOLLOW]
Page 18
In Presence of:
John CS Radford
State of New York )
County of Erie) ss.
Wi in the year 2025, before me, the undersigned, personally
appeared John C. Rad. ord, 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 instrument
and acknowledged to me that he/she executed same in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalfof which the individual
acted, oh ons
the inst: (dl
Notary Arr Hous
ANNA MARIA DOLINA
NOTARY
STATE OF NEW YORK
PUBL! Ic COUNTY
Lic FA DO0025397
COMM, EXP. 05/31/2028
Page 19
In Presence of:
Emilee Radford F/K/A Emilee Morlock
State of FLORIDA )
County of iy iale Vn 5 ) ss.
On the Oly day of Octo in the year 2025, before me, the undersigned, personally appeared
me on the basis of
Emilee Radford F/K/A Emilee Morlock, personally known to me or proved to
subscribed to the within instrument and
satisfactory evidence to be the individual whose name is on the
that by his/her signature
acknowledged to me that he/she executed same in his/her capacity, and
pesson upon behalf of which the individual acted, executed the instrument.
instrument, the individual, or the
SP°F5%, _ANGELAGENTILE-SMITH
iff) ie: MY COMMISSION # HH 515035
SEES «EXPIRES:
April tt, 2028
*
Page 20
SCHEDULE A
LEGAL DESCRIPTION
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.
12, Township 9, Range 6 of the Holland Land Company's Survey,
described as follows:
BEGINNING at a point in the center line of Blakeley Road, at
its intersection with the center line of Underhill Road, said point
being the southwest corner of Lot No. 12; thence south 87° 49" 00"
east along the south line of Lot No. 12 (being also the center line
of Blakeley Road), a distance of 590.50 feet to a point; thence
north 00° 00' 00" east and parallel with the west line of Lot No.
12, a distance of 160.54 feet to a point; thence north 81° 00° OO”
west, a distance of 192.89 feet to a point; thence north 14° 00!
00" west, a distance of 27.62 feet to a point; thence north 87° 49!
00" west and parallel with the south line of Lot No. 12, a distance
of 393.16 feet to a point in the west line of Lot No. 12; thence
south 00° 00' 00" west along the west line of Lot No. 12 (being
also the center line of Underhill Road), 210.00 feet to the point
of beginning.
Premises commonly known as Vacant land on Underhill Road, Aurora, NY