2200 BOIES ROAD (full text)
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Page 1
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caseno. 9!)Z-
Les! W | | DATE OF HEARING _4 | |7/Z26&
Town of Aurora Zoning Board of Appeals
9/5 Oakwood Avenue, East Aurora, New York 14052
Zoning Board of Appeals Application Form
|. TYPE OF REQUEST
ss. AREA VARIANCE SPECIAL USE PERMIT __ USE VARIANCE INTERPRETATION
ll. APPLICANT/PETITIONER
Applicant's Name Oy pon Were
Address ADOD Cores Ad
City west SKat\s State a/ VY ZIP_\AN7 ©
Phone 7ib-26 37-7485 Fax Email AYAQ re ASV
ce ech. Cer
Interest in the property (ex: owner/purchaser/developer)___ >\\WyeC
lll. PROPERTY OWNER INFORMATION (if different from applicant information. )
FON teceee,
Seeonit
Property Owner(s) Name(s)
ree,
Py co
Address
Phone Fax Email : Oe
lll. PROPERTY INFORMATION
Property Address _ ARPS Pope s QR é Ve sk XaA\s NY \AN?) 69
SBL#_ ACO .-©oO - \-4
Property size in acres _\2 .022. _ Property Frontage in feet_ > 2
Zoning District QQ Doar Aes Lenk a\ [ Px Surrounding Zoning RQ QuGA Qe Si dedi p\ | he
Current Use of Property. § ‘Wom /
IV. REQUEST DETAIL
(check all that apply)
_X_ Variance from Ordinance Section(s) # + ef NbedQ ”> \\b -“AS
____ Special Use Permit for:
____ Use Variance for:
____ Interpretation of
Page 2
V. SIGNATURES (This application must be signed by the applicant/petitioner. If the applicant is not
the owner ofjthe property, a separate owner authorization form must be submitted — see pg. 5)
Ay ram
tle
Signature of Applicant/Petitioner
Werner
Print name of Applicant/Petitioner
State of New York; County of Erie
On the” day of kilt, inthe year Zl 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
forthe purposes therein stated.
\ ues
Notary Public
MELISSA M. DUNNING
(Notary stamp) NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DU6113644
Qualified in Erie County
iCommission Expires August 2,20 2
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)
Ours pk end KB Oovertay yoy, %. SP Nard ave
Weed as) vir Salo Skpte Sf Gu ee ON
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)
Page 4
SUPERVISOR ry ba
ive of TOWN CLERK
Charles D. Snyder Jeanne H. Viger
(716) 652-7590 716) 652-3280
csnyder@townofaurorany.
gov [email protected]
TOWN OF AURORA
Aurora Municipal Center
575 Oakwood Avenue, East Aurora, NY 14052
www.townofaurorany.gov
TOWN COUNCIL MEMBERS Ryan Keller
Jessica B. Armbrust
2200 Boies Rd
[email protected] West Falls, NY 14170
Benjamin T. Garvey July 29, 2026
[email protected]
Joseph M. McCann Ryan,
[email protected]
The Building Department has reviewed the installation of the pillars at the end of your
Raymond M. Wrazen driveway. The pillars do not meet the height requirement for a wall/fence in the front yard
rwrazen(@townofaurorany. gov
in the Town.
SUPT. OF HIGHWAYS Section 116-28A
David M. Gunner Requirement: A wall or fence not over 3.5’ high in any front yard or side -street side yard.
(716) 652-4050
Requested: Pillars 5.25’ high
[email protected]
Variance: 1.75’
CODE ENFORCEMENT
OFFICER This letter serves as notice that we have received the application and fee for the Zoning
Elizabeth Cassidy Board of Appeals. You will receive notification from the Town Clerk with the date and
(716) 652-7591
[email protected]
time of the next available hearing. If you have any questions, please contact our office at
652-7591.
ASSESSOR
Stephen R. Pigeon Sincerely,
(716) 652-0011
assessor(@townofaurorany.gov a“)
<< - oe AA via
DIR. OF RECREATION
Christopher Musshaten, OOM Z Ssidy
(716) 652-8866 Code Enforcement Officer
[email protected]
TOWN ATTORNEY
Brigid M. Maloney
TOWN JUSTICE
Jeffrey P. Markello
James Granville
HISTORIAN
Robert L. Goller
(716) 652-7944
historian(@townofaurorany.gov
FAX: (716) 652-3507
This institution is an equal
opportunity provider and employer.
Page 5
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PART OF LOT 25, J. 0. R GeTOWN OF AURORAS COUNTY OF ERIE@ STATE OF NEW YORK
~ UPDATE / REVISION —-
ms PAUL G. PAGANO, PLS
BATE 7 08 DESCRP To <3} agar
PROFESSIONAL LAND SURVEYOR
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Page 10
Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
Part I — 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:
OINKCS Vac aOCle,
Project Location (describe, and attach a location map):
Q2AQWop woes ANY ver Wis Wy Wo
Brief Description of Proposed Action:
ko be. 63 WAL WF yar
ONS KONO end ox COW Ee vay
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Name of Applicant or Sponsor:
Telephone: “7 \& Zh 2, - JOS at
WYKO Vedel a
Address:
AQAVO spr & QQ \
City/PO: State: Zip Code:
“eer SNF NY WANT O
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:
3. a. Total acreage of the site of the proposed action? \P - e232 acres
b. Total acreage to be physically disturbed? & acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 0.0% acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
[-] Urban [_] Rural (non-agriculture) [LJ Industrial [[] Commercial Dd Residential (suburban)
LJ] Forest [[] Agriculture [|] Aquatic [_] Other(Specify):
[__] Parkland
Page | of 3 SEAF 2019
Page 11
5. Is the proposed action,
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a. A permitted use under the zoning regulations?
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b. Consistent with the adopted comprehensive plan?
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6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
ZIR4)IRI
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7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
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If Yes, identify:
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:
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10. Will the proposed action connect to an existing public/private water supply? NO | YES
If No, describe method for providing potable water: mM =
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 NO | 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?
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 YES
wetlands or other waterbodies regulated by a federal, state or local agency?
LL
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
Page 12
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 [x] Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or
[| [ | :
bd bel bel] 3} Bs}xX )3) Bx] |
Federal government as threatened or endangered?
16. Is the project site located in the 100-year flood plan? ES
<i
17. Will the proposed action create storm water discharge, either from point or non-point sources? E
C2)
-<
If Yes,
CLL
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:
iim
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:
[|
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
—_ RY AD Wihac Date: T/ awn/ Q [..
WW Title: 7 i2 WW, A A
PRINT FORM Page 3 of 3
Page 13
County Clerk's Recording Page
a aA 01 Book Type: D Book: 11405 Page: 928
Page Count: 3
Doc Type: DEED
Rec Date: 07/21/2022
Party 1: Rec Time: 11:56:23 AM
PARLATO JOSEPH V JR ron nan sat
Party 2: Trans #: 22112167
KELLER RYAN T namie ; wee ce Number
Recording Fees: Consideration Amount: 300000.00
RECORDING $35.00
COE CO $1 RET IC MT ,
$1.00 SON MA MT eo 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
aH
wpe ST NON RES $241 mao NX
ROADSTATE
S100 FUNDTT TT eon 0
$1,500.0
Total: $3,015.00
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
Book11405/Page928
Page 14
g Witranty Deed with Lien Covenant , Box 30 |
Laws of 1917, Chap. 681, Laws of 1954 880
This Indenture,
Made the (8%) day of July , 20 x)-
Between,
JOSEPH V. PARLATO, JR., 232 Linwood Avenue, Buffalo, New York 14209
Grantor(s), and
RYAN T. KELLER, 1136 Blakely Road, East Aurora, New York 14052 &
ERICA R. LIPKE, 6594 Megan Rose Way, East Amherst, New York 14052,
As Joint Tenants with the Right of Survivorship,
Grantee(s).
Witnesseth, that the said Grantor(s), in consideration of One and More Dollars ($1.00 & More)
lawful money of the United States, paid by the Grantee(s), does hereby grant and release unto the Grantee(s),
their heirs and assigns forever.
All That Tract or Parcel of Land, (see attached Schedule A)
Together with the appurtenances and all the estate and rights of the Grantor(s) in and to the said
premises.
To have and to hold, the above granted premises unto the said Grantee(s).
And, the said Grantor(s) does covenant with said Grantee(s) as follows:
First. — That the Grantee(s) shall quietly enjoy the said premises.
Second. — That the Grantor(s) will forever WARRANT the title to said premises.
Third. — Subject to the trust fund provisions of section thirteen of the lien law.
In Witness Whereof, the said Grantor(s) has hereunto set his hand and seal the day and year first
above written.
IN PRESENCE OF
STATE OF NEW YORK )
COUNTY OF ERIE ) SS.:
On this 187 day of Ju / i , 20 #2 before me, the undersigned, a Notary Public in and
for the State, personally appeared JOSEPH V. PARLATO, JR. , 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 he/she/they executed the same in his/her/their capacity, and that by
his/her/their signature on the instrument, the individual, or the person on behalf of which the individual
acted, executed the instrument.
KAREN M. DIXSON ‘ >
NOTARY PUBLIC, STATE OF NEW YORK °
istration No. 01D14878473 Notary Publi y,
Fe etaiifod in Erle °
—— : u| (_
So 4, 2022
RV (en
Book11405/Page929
Page 15
gf .»
Mi stewart TITLE
Sake Cnanhaths
ty 41, ones
SCHEDULE A - 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. 25, Township 9, Range 6 of the Holland Land Company's Survey,
described as follows:
BEGINNING at a point in the south line of Lot No. 25 at its intersection with the centerline of Boies
Road, said point being the point of beginning; thence N 08° 54’ 06” W along the centerline of Boies Road, a
distance of 300.00 feet; thence S 87° 34’ 53” E parallel with the south line of Lot No. 25, a distance of
' 1,472.88 feet; thence S 00° 41’ 06” W, a distance of'298.31 feet to the south line of Lot No. 25; thence N 87°
34’ 63” W along the south line of Lot No. 25, a distance of 1,448.88 feet to the point of beginning.
- Schedule A Description (Page 1 of 1) -
ee,
Book11405/Page930
ee ee
-
Page 16
Michael P. Kearns
Erié County Clerk
92 Franklin Street
Buffalo, New York 14202
NOTICE
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: _, lose Ply wv late
name of owner of record)
Our records show that you are listed as the current owner of record for residential property:
ont of
Section: a OO. OS Block: ae Lot: lL ; t\
Located At: VJ | = 0 (es Road Pouwrova. , County of Erie, New York.
(street address) ( Yo) Tay Cres) (city/town)
On _"] {2 ae documents were filed at this office to change ownership and transfer title of your property.
date)
To: Ruan TT Kelley % Friea R. Lipke
(name of new owner)
If you have any questions regarding the validity of the documents, and wish to dispute the recording of the transfer,
you should obtain legal counsel. If you believe you are a victim of a crime related to this recording, contact your local
law enforcement agency or, if in the City of New York, the office of the sheriff.
-Book11405/Page930 Extra Page 1
Page 17
INSTRUCTIONS(RP-5217-PDF-INS): www.orps state ny.us
FOR COUNTY USE ONLY Y 4 New York State Departmentof
C1. SWIS Code Taxation and Finance
{ RP- §217-PDF
C3. Book C4, Page Real Property Transfer Report (8/10)
PROPERTY INFORMA eae u
1. Property y/L
Lecation
Boies Road
bs cee eens
NENA WARES ONT AT
“STREET MUAER “@TREET NAME
Aurora
14170
* CITY OR TOWN VILLAGE * 2iP CODE ;
2Buyer Keller Ryan T. AURORA ASSESSOR
Ee
S
Name are |
Lipke Erica R.
LAST NAMEACOMPANY FIRBT NAME AUG ) 5 2022
* alee indicate where future Tax Bilis are to be sent _
Aserens if other than buyer eddress(at bottom of form) LAST RAMESCOMPANY FIRST MAME 3 : “ <BR ° : IVE 10)
STREET NUMBER AND NAME CITY OR TOWN BTATE 2 CODE
4. indicate the number of Assessment Part
of aParce; (Only if Part of a Parcel) Check as they apply:
Roll pereeis transferred on the deed vorPaces on LX 4A. Planning Board with Subdivision Authority Exists Oo
5. pDeed 300
SRONT TRE x 1,452
=e OR 10.00
= 4B. Subdivision Approval was Required
for Transfer r]
at 4G. Parcel Approved for Subdivision with Map Provided OQ
Parlato Joseph V., Jr.
&. Setier * LABT MAMEICOMPAMY FIRST NAME
Name
LAST SAMME/COMPANY FIRST MAME
*?, Select the description which most accurately describes the Check the boxes below as they apply:
use of the property at the time of sale: &. Qwnership Type is Condominium C
C. Residential Vacant Land 8. New Construction on a Vacant Land ‘2
10A. Property Located within an Agricultura! District C]
106. Buyer received a disclosure notice indicating that the property is in an
Agricultural District C)
[SALE INE ORMATIONT 16. Check one or more of these conditions as applicable to transfer.
A. Saie Between Relatives or Former Relalives
06/13/2022 B. Sale between Reiaied Companies or Partners in Business.
LIE a
11. Sale Contact Dete
C. One of the Buyers ia also a Seller
* 12. Date of Sale/Transfer
*43. Full Sate Price
Hy 300,000 006
D. Buyer or Seller is Government Agency or Lending institution
E. Deed Type not Warranty or Bargain and Sale (Specify Below)
F. Sale of Fractional or Less than Fee interest (Specify Below)
G, Significant Change in Property Between Taxable Status and Sele Dates
H. Satie of Business is Included in Sale Price
( Full Sale Price is the total amount paid for the property including personal property.
1. Other Unusual Factors Affecting Sele Price (Specify Below)
This payment may be in the form of cash, other property or goods, Sole a aetion af
J. None
mofigages or other obligations.) Please round fo the neareat whole dogar amount
Comment(s) on Condition:
14. indicate the vatue of personal
property inctuded in the sale 0 .00
f ASSESSMENT INFORMATION - Data should reflect the tatest Final Assessment Roll and Tax Bil i
16. Year of Assesament Roil from which Information taken{YY) 20 “17. Total Assessed Value 57,800
“48. Property Clase 322
"48. School District Name East Aurora Union Free
“20. Yax Map tientifier{s)Roll identifier(s} (W more than four, atiach sheet with additional identi¥ier(s}}
Part of 200.00-—4-46.11
[CERTIFICATION
| Certify that all of the items of information entered on this form are true and correct (to the best of myy knowledge
and belief} and ! understand that the making of any wiliful
faise atatement of material fact herein subject me to the provisions of the penal jaw relative to the making and filing of false instruments.
(Enter information for the buyer. Note: # buyer is LLC society, association, corporetion, joint stock company, estate or
that ie not an individual agent of fiduciary, then a name and contact information of an individuai/responsible
Zuo can eeveoes quentione egeicing the waneter must be ented Type or print clearly.)
Keller & Lipke Ryan T. & Erica R.
* LABT NAME FIRST NAME
4005 ——S (Min SE_) ae Bleleky Kd
“AREA CODE “TELEPHUNE NUMBER iF 9999990
EET NUMBER
Wey FR "CITY QR TOWN
“STATE | "IP COCE
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DiFilippo Anthony
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LAST MAME FIRST NAME
it
ile iv yen "aseOS
1 ja! te ae iilesiatauth Hi a
}eb yal (716) 652-9560
h Arte WSs ey
a sp ds AREA CODE TELEPHONE
HUMBER (Ex: 9908008)
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Book11405/Page930 Extra Page 2