Zoning Board of Appeals document — November 19, 2026 (full text)

CASE NO. I4YS2 Toa of i DATE OF HEARING II -([G*2023 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 ys AREA VARIANCE SPECIAL USE PERMIT USE VARIANCE INTERPRETATION ll. APPLICANT/PETITIONER Applicant's Name The Viayl OH: | Address __ (38S 70 Brmadieey St City__ Chee ktowage State __A/Y zZIP_/Y¥227 Phone [7/ ob 1S: ~O$ 6D Fax Email J-(cen el Hr vioniloutlet comm Interest in the property (ex: owner/purchaser/developer) (ar OWN trae oy lll. PROPERTY OWNER INFORMATION ([f different from applicant information. ) Property Owner(s) Name(s) br uUcé Le SF Address _ ///§ Olean Ko/ City + Avroce State A/V ziP_ /Yos-Z. Phone ( Email lil. PROPEn: fo FEMWE QERnwerd ii’ Property Address__ ///8 _Oléan Rel End Aurora pK a LSOS Z SBL#__/88. O] -2-22 Property size in acres Zz _ Property Frontage in feet 242. G Zoning District R-| | Surrounding Zoning Current Use of Property Pu Mer Hovse IV. REQUEST DETAIL (check all that apply) _Z~ Variance from Ordinance Section(s) # it ™ ¥ { - gE [1 ) ____ 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 ) Ne oni rnc — of Applicant/Petitioner Jay Prentice } Jace D ekee Print name of Applicant/Petitioner State of New York; County of Erie On the,2/ day onseptorth te ear Z02Z3pefore 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 acknowledg 4, to me that he/she/they executed the same esjdtherein leak N_Notary Rite starrer agen ms abana Gur: eReege owes tee ran N. anatoninaneen O05 o a: (Notary stamp) LINDAS. HODAK i hg nar ie net Couny York ie oC ualified in Erie Coun eae ‘a oe, SS Raia RANI RAG Rak Gain cite hai kintse co SUA 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

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) Proposed Orject is Q ( L wd /o* iJ Porch ON He front ot Nove. . lurrently ¢q Ly xs concceke shb is there. The front door, cusrrenthy ) 65 that mets cod as tle step vo fice He Coney ofe fo fle QS ‘ull GS “sakdy, ne He ‘Mb focal twill be bo tb 4fees thread “To ; : porch being insicle. ot the ninimom mit cotbock of WS. The house 1s fervently at YS! ham tHe ROW, Lde ave only extend ing He Dare h just ennugh foo Cour He existing Concrete Docch. 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)

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: — LL 2) (C7 a Le identified as Tax Map (sBLy#../98..01.22-22 (address) hereby authorizes ...... The. Mow). Quel be ceeeeeeaeens to bring an application for me area variance ( ) special use permit ( ) use 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. kK Xpvce BR. ast xX AS Sop Q3 Owner (print) Date y x My Nav Pah Owner ((signature) STATE OF NEW YORK ) SS COUNTY OF ERIE ) A tA | On this ch ; day of September ; 203.3 before me, the undersigned, a notary public in and for said state, personally appeared Reuce. R Udest , personally 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. TESSANDRA MOSIER . Notary Public - State of New York 7D No. O1MO6445682 feasts aa Qualified in Gattaraugus County Notary Public My Commission Expires 12/27/2026

SUPERVISOR TOWN CLERK James J. Bach Martha L. Librock (716) 652-7590 (716) 652-3280 [email protected] [email protected] TOWN OF AURORA Aurora Municipal Center 575 Oakwood Avenue, East Aurora, NY 14052 www.townofaurora.com TOWN COUNCIL MEMBERS September 25, 2023 Charles D. Snyder [email protected] Luke Wochensky Bruce West [email protected] 1118 Olean Road East Aurora, NY 14052 James F. Granville [email protected] Joseph M. McCann Bruce: jmccann(@townofaurora.com The Building Department has reviewed your request to construct a front porch/deck at SUPT. OF HIGHWAYS 1118 Olean Road (SBL 188.01-2-22). The request has been denied because it fails to meet David M. Gunner the requirements for front yard setback. (716) 652-4050 [email protected] Section 116.8. 1E(1) CODE ENFORCEMENT Required: Minimum of 75’ from the street right-of-way OFFICER Requested: 39’front yard setback Elizabeth Cassidy Variance: 36’ . (716) 652-7591 [email protected] ASSESSOR This letter serves as notice that we have received the application and fee for the Zoning Roger P. Pigeon Boardof Appeals. You will receive notification from the Town Clerk with the date and [email protected] time of the next available hearing. If you have any questions, please contact our office at (716) 652-0011 652-7591. DIR. OF RECREATION Christopher Musshafen. (716) 652-8866 Sincerely, ZL [email protected] TOWN ATTORNEY Brigid M. Maloney Richard Miga TOWN JUSTICE Asst. Code Enforcement Officer Jeffrey P. Markello Anthony DiFilippo IV HISTORIAN Robert L. Goller (716) 652-7944 [email protected] FAX: (716) 652-3507 This institution is an equal opportunity provider and employer.

SITE PLAN OR ZONING REFERRAL TO COUNTY OF ERIE, N.Y. AND REPLY TO MUNICIPALITY Submit this form with full statement of proposed action (as described in GML 239- DO NOT WRITE IN THIS SPACE m(c)) at www.Erie.gov/IRonline, OR mail a hard copy (retain a copy for your files) Case No.: to: Erie County Division of Planning, 95 Franklin Street, Room 1053, Buffalo, N.Y., 14202 Postmark/Delivery Date: The proposed action described herein is referred in accordance with the provisions of NYS General Municipal Law §239 1 - nn A Municipal Referral Map is available to help determine whether an applicable action is subject to referral. Description of Proposed Action 1. Name of Municipality: Town of Aurora §239-m(4)(b) provides that the county shall have 30 days after receipt of a full statement of the proposed action to reply. If the county fails to reply within such period, the referring body may take final action. However, any county reply received after 30 days but 2 or more days prior to final action by the referring body shall be subject to §239-m(5) The referring body shall file a report of its final action with the county within 30 days per §239-m(6). 2. Hearing Schedule: Date 11/16/2023 Time 7:00)M Location 575 Oakwood Ave., E.Aurora 3. Action is before: C1 Legislative Body CL) Board of Appeals CL! Planning Board 4. Action consists of: [1 New Ordinance [] Rezone/Map Change 1 Ordinance Amendment C1 Site Plan Variance LI Special Use Permit CL] Other: 5. Location of Property: © Entire Municipality Address: 1118 Olean Road (Re. lo) 5a. S.B.L.of Property; 188.01-2-22 6. Referral required as 1] State or County [1] Municipal Boundary (J Farm Operation located in an site is within 500’ of: Property/Institution Agricultural District C] Expressway County Road State Highway L] Proposed State or County Road, Property, Building/Institution, Drainageway 7. Proposed change oruse: —_— front porch addition closer to right of way than allowed by Town Code (specify the action, such as the scope of variances or site plans) 8. Other remarks: 9. Submitted by: Martha Librock, Town Clerk — Email:[email protected] 10. Return Address: 575 Oakwood Ave., East Aurora, NY 14052 Reply to Municipality by Erie County Division of Planning Receipt of the above-described proposed action is acknowledged on . The Division herewith submits its review and reply under the provisions of applicable state and local law, based on the information submitted with this referral. 1. (] The proposed action is not subject to review under the law. 2. (_] Comment on proposed action is attached hereto. 3. (] The proposed action is subject to review; Recommendation on Proposed Action is attached hereto. 4. [|] No Recommendation; proposed action has been reviewed and determined to be of local concern. By the Division of Planning: Date: ZR1 Revised 5/22

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: Front Buch bo’) Project Location (describe, and attach a location map): ) Front of hovse (i118 Olecn @ Brief Description of Proposed Action: {6 build a naw front porch Ha evbends le! fom Vay! OuHlet the hovece and extend /o!' sa width ghag He house, Name of Applicant or Sponsor: Telephone: 5 &) b7 $-O€00 The Address: Viny | OuHed EMail:“J Ocenhee® He vioylose BCom 25 7O Broaduay SH+. EC hae L twas State: Al V a 227 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 Dt [ ] 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 governmental Agency? NO | YES If Yes, list agency(s) name and permit or approval: NM a 3.a. Total acreage of the site of the proposed action? 2 acres b. Total acreage to be physically disturbed? ¢ OO/F acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? Z acres 4, Check all land uses that occur on, adjoining and near the proposed action. ; [] Urban [XJRural (non-agriculture) [Industrial [Commercial PAResidential (suburban) [JForest [Agriculture J] Aquatic [_]Other (specify): []Parkland Page 1 of 3

5. Is the proposed action, NO ne Gp n sci Z > a. A permitted use under the zoning regulations? [] LisOK b. Consistent with the adopted comprehensive plan? [ sot 6. Is the proposed action consistent with the predominant character of the existing built or natural ml DN landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? 7.) Zz mn se ) If Yes, identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? oe) Z ira LO b. Are public transportation service(s) available at or near the site of the proposed action? K] |é Bowe c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? gpl as 7) 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? E me DN If No, describe method for providing potable water: LJ 11. Will the proposed action connect to existing wastewater utilities? E as 2 ) N If No, describe method for providing wastewater treatment: LL [IL 7.) [ 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic cpl me DINE MA s Places? b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain as 7) = wetlands or other waterbodies regulated by a federal, state or local agency? 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: [7] Shoreline [_] Forest J Agricultural/grasslands [JEarly mid-successional [J] Wetland Egurban ‘TaSuburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO | YES by the State or Federal government as threatened or endangered? LI Met 16. Is the project site located in the 100 year flood plain? YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO | YES If Yes, ; a. Will storm water discharges flow to adjacent properties? [ZNO [ ]YES IM L] b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: [S4NO [_]vES Page 2 of 3

18. Does the proposed action include construction or other activities that result in the impoundment of NO | YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO | YES solid waste management facility? “I H 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? Ww ol If Yes, describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE PRINT FORM Page 3 of 3

ish 9 ~ O 7 Sl as od East Line —ee— West Line 2= = . ae Lot 12 T9 RE Lot 4 T9 RE wat, | eee rp 3 mm) ; ofp +> = A) a 5)? \, “ Parallel Parallel to q of Olean St. ww aw Liber 4932 Page ; g 159 7 0" | F rame Garnqes / - Liber 7216 — Page 341 497 i Existing Rebar Existing 3/4” Pipe ‘Now or Formerly Milton D. Cole This survey was prepared without the benefit - of an up to data Abstract of Title and is subject to any State of Facts that may be revealed by an examination of such, ~ Survey of ‘ Part of Lots 4 & 12 T.9 R.6 Holland Land Co. Survey /————_ xy ™\ Town of Aurora, Erie Co. N.Y. a Seale: 1”=50’ Nov.5, 1965 Freeman& Freeman -~ Resurveyed: October 12, 1993 Civil [Engineering ‘oo ‘y Computer Mapping Ph ’ z ee Environmental Studies A, Jf \ - 10432 Crump Road t 3 “~ Glenwood N.Y. 14069 i ; Ne (716) 592-7740 _, Job no. 5269 tS ¥

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