~ Agenda ~ Wednesday, November, 16, :00 PM Council Chambers

Transcription

1 Zoning Board of Appeals Office of Building Inspections 275 Alexander Ave Cheektowaga, NY Regular Meeting tocny.org ~ Agenda ~ Wednesday, November, 16, :00 PM Council Chambers I. Call to Order A Regular Meeting was called to order of the Zoning Board of Appeals of the Town of Cheektowaga, Erie County, New York at the Town Hall Council Chambers, 3301 Broadway, corner of Broadway and Union Roads, in said town on November 16, 2016 at 7:00 PM there were: Attendee Name Present Absent Late Arrived Chairman Robert J. Brandon Board Member Jane Wiercioch Board Member Kenneth L. Young Board Member John Marriott Board Member Justin Young Melissa A. Reese Esq. II. Tabled Items Julie Zabinski-Smith and Zachary Smith 278 North Willowlawn III. New Items Chris Nachreiner & Dave Carr / Erie Painting and Maintenance, Inc. 999 Rein Road Daniel Dee and Jessica Dee Seyfried 296 George Urban Boulevard Jon Benzel 15 Redwood Drive Yvette S. Aragon 4 Frantzen Terrace Benderson Properties, Inc. / James A. Boglioli Walden Avenue Randall Benderson Trust / James Boglioli Broadway Street Paul Conner / Darlene Lauer 228 Losson Road Life Storage, Inc. / Paul C. Case, P.E. Greenman-Pedersen, Inc. Zoning Board of Appeals Page 1 Printed 11/3/2016

2 Regular Meeting Minutes November 16, Cayuga Road ORG Management, Inc. / Tony Scirri 1270 Harlem Road Zsuzsanna Heilig 292 Seton Road Keith Euscher 5 South Carefree Lane IV. Adjournment Zoning Board of Appeals Page 2 Printed 11/3/2016

3 2.1 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION Whereas, Julie Zabinski-Smith and Zachary Smith has made application for a(n) Area Variance, under ARTICLE(S): II ARTICLE(S): II ARTICLE(S): VI of the zoning law for property located at: SECTION(S): C(3) SECTION(S): C(2)(a)_ SECTION(S): G(5) 278 North Willowlawn The applicant proposes a rear yard open space of (5) five feet, whereas, the Zoning Law requires the rear yard to be equal to 25% of the depth but not less than (25) twenty five feet. The applicant proposes a side yard open space of (3) three feet at the North property line, whereas, the Zoning Law requires the minimum width of any side yard to equal 10% of the lot width, but need not exceed (10) ten feet. The applicant proposes a (3) three foot distance separation between an existing detached garage and the new dwelling addition, whereas, the Zoning Law requires a minimum of (10) ten feet between a detached accessory structure and any dwelling. Whereas, a public hearing was held on 10/19/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 3

4 2.1.a Attachment: 278 N Willowlawn (ZBA : 278 North Willowlawn) Packet Pg. 4

5 2.1.a Attachment: 278 N Willowlawn (ZBA : 278 North Willowlawn) Packet Pg. 5

6 2.1.a Attachment: 278 N Willowlawn (ZBA : 278 North Willowlawn) Packet Pg. 6

7 2.1.a Attachment: 278 N Willowlawn (ZBA : 278 North Willowlawn) Packet Pg. 7

8 2.1.a Attachment: 278 N Willowlawn (ZBA : 278 North Willowlawn) Packet Pg. 8

9 3.1 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION Whereas, Chris Nachreiner & Dave Carr / Erie Painting and Maintenance, Inc. has made application for a(n) Area Variance, under ARTICLE(S): V of the zoning law for property located at: SECTION(S): A 999 Rein Road The applicant proposes to construct an addition to an existing building approximately (2) two feet below Flood Plain elevation as an extension of the same use, whereas, the Flood Damage Prevention Law requires the lowest floor, including the basement or cellar, be elevated (2) two feet or more above the base flood elevation, or be flood proofed. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 9

10 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 10

11 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 11

12 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 12

13 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 13

14 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 14

15 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 15

16 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 16

17 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 17

18 3.1.a Attachment: 999 Rein Road (ZBA : 999 Rein Road) Packet Pg. 18

19 3.2 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION Whereas, Daniel Dee and Jessica Dee Seyfried has made application for a(n) Area Variance, under ARTICLE(S): VI ARTICLE(S): VI of the zoning law for property located at: SECTION(S): _260-59C(1)(b)(1) SECTION(S): _260-59F(1)(b) 296 George Urban Boulevard The applicant proposes to install a fence within (1) one foot of the East property line at the dwelling and within approximately (15.24) feet of the East property line at the detached garage, whereas, the Zoning Law requires an exterior side yard width of not less than (18) eighteen feet. The applicant proposes to install a (6) six foot high fence in the required side yard, whereas, the Zoning Law allows fencing not to exceed (3.5) feet in height. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 19

20 3.2.a Attachment: 296 George Urban (ZBA : 296 George Urban Boulevard) Packet Pg. 20

21 3.2.a Attachment: 296 George Urban (ZBA : 296 George Urban Boulevard) Packet Pg. 21

22 3.2.a Attachment: 296 George Urban (ZBA : 296 George Urban Boulevard) Packet Pg. 22

23 3.2.a Attachment: 296 George Urban (ZBA : 296 George Urban Boulevard) Packet Pg. 23

24 3.2.b Attachment: EC Referral 296 George Urban (ZBA : 296 George Urban Boulevard) Packet Pg. 24

25 3.3 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION ARTICLE(S): V ARTICLE(S): VI ARTICLE(S): VI ARTICLE(S): II ARTICLE(S): VI ARTICLE(S): II Whereas, Jon Benzel has made application for a(n) Area Variance, under of the zoning law for property located at: SECTION(S): B(1)(a) SECTION(S): G(4) SECTION(S): G(5) SECTION(S): D(3) SECTION(S): G(4) SECTION(S): C(1) 15 Redwood Drive The applicant proposes to extend the existing concrete driveway at the West side of the dwelling to the new proposed garage and extend to (0) zero feet of the West property line (would be directly on the property line), whereas, the Zoning Law requires a minimum of (5) five feet from the property line for access drives. The applicant proposes to construct a (24) twenty-four foot by (24) twenty-four foot pole barn at the Northwest corner of the property. The new pole barn will be located directly on the rear (North) property line (zero feet) and directly on the side (West) property line (zero feet), whereas, the Zoning Law requires a minimum of (3) three feet to a rear lot line and a minimum of (3) three feet to a side lot for an accessory building. The applicant proposes to construct a (24) twenty-four foot by (24) twenty-four foot pole barn/garage at the Northwest corner of the property. The new pole barn/garage will meet the existing Northwest corner of the dwelling (less than (6) six inches), whereas, the Zoning Law requires that detached accessory buildings be at least (10) ten feet from the dwelling. The applicant proposes to construct a pole barn/garage at the Northwest corner of the property to a height of approximately (15) fifteen feet / (18) eighteen feet at the peak, whereas, the Zoning Law requires a maximum height of (12) twelve feet. The applicant proposes to erect a (12) twelve foot by (14) fourteen foot shed (0) zero feet from the East property line, whereas, the Zoning Law requires a minimum of (3) three feet from a side lot line for an accessory building. The applicant proposes to construct a (12) twelve foot by (14) fourteen foot shed at the Southeast corner of the property within (12) twelve feet from the front (South) property line, whereas, the Zoning Law requires a minimum of (25) twenty-five feet in a front yard. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Page 1 Packet Pg. 25

26 3.3 Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 2 Packet Pg. 26

27 3.3.a Attachment: 15 Redwood (ZBA : 15 Redwood Drive) Packet Pg. 27

28 3.3.a Attachment: 15 Redwood (ZBA : 15 Redwood Drive) Packet Pg. 28

29 3.3.a Attachment: 15 Redwood (ZBA : 15 Redwood Drive) Packet Pg. 29

30 3.3.a Attachment: 15 Redwood (ZBA : 15 Redwood Drive) Packet Pg. 30

31 3.3.a Attachment: 15 Redwood (ZBA : 15 Redwood Drive) Packet Pg. 31

32 3.3.a Attachment: 15 Redwood (ZBA : 15 Redwood Drive) Packet Pg. 32

33 3.4 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION under Whereas, Yvette S. Aragon has made application for a(n) Area Variance, ARTICLE(S): VI ARTICLE(S): VI of the zoning law for property located at: SECTION(S): _260-59C(1)(b)(1)_ SECTION(S): _260-59F(1)(b) 4 Frantzen Terrace The applicant proposes to replace the existing fence located on the East property line at Borden Road, whereas, the Zoning Law requires that the exterior side yard shall not be less than (18) eighteen feet. The applicant proposes to erect a (6) six foot high fence along the East property line at Borden Road within the required side yard, whereas, the Zoning Law does not permit fencing to exceed (3.5) feet in height in the required side yard. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 33

34 3.4.a Attachment: 4 Frantzen (ZBA : 4 Frantzen Terrace) Packet Pg. 34

35 3.4.a Attachment: 4 Frantzen (ZBA : 4 Frantzen Terrace) Packet Pg. 35

36 3.4.a Attachment: 4 Frantzen (ZBA : 4 Frantzen Terrace) Packet Pg. 36

37 3.4.a Attachment: 4 Frantzen (ZBA : 4 Frantzen Terrace) Packet Pg. 37

38 3.4.a Attachment: 4 Frantzen (ZBA : 4 Frantzen Terrace) Packet Pg. 38

39 3.4.b Attachment: 4 Frantzen EC Referral (ZBA : 4 Frantzen Terrace) Packet Pg. 39

40 3.5 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION Whereas, Benderson Properties, Inc. / James A. Boglioli has made application for a(n) Area Variance, under ARTICLE(S): VI of the zoning law for property located at: SECTION(S): D(1) Walden Avenue The applicant s proposed free standing signs will not be on the parcel where the business/use is located, whereas, the Zoning Law restricts signage to where the business activity or use is located. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 40

41 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 41

42 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 42

43 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 43

44 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 44

45 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 45

46 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 46

47 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 47

48 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 48

49 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 49

50 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 50

51 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 51

52 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 52

53 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 53

54 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 54

55 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 55

56 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 56

57 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 57

58 3.5.a Attachment: Walden (ZBA : Walden Avenue) Packet Pg. 58

59 3.5.b Attachment: Walden EC Referral (ZBA : Walden Avenue) Packet Pg. 59

60 3.6 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION Whereas, Randall Benderson Trust / James Boglioli has made application for a(n) Area Variance, under ARTICLE(S): VI of the zoning law for property located at: SECTION(S): _260-51D(2) Broadway Street The applicant is proposing to modify a drive lane at Broadway Development which will result in the required green space at the side lot line being reduced to (4.5) feet, whereas, the Zoning Law requires that the required landscaping shall have a depth of at least (10) ten feet along all side and rear lot lines. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 60

61 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 61

62 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 62

63 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 63

64 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 64

65 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 65

66 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 66

67 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 67

68 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 68

69 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 69

70 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 70

71 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 71

72 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 72

73 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 73

74 3.6.a Attachment: Broadway (ZBA : Broadway Street) Packet Pg. 74

75 3.6.b Attachment: Broadway EC Referral (ZBA : Broadway Street) Packet Pg. 75

76 3.7 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION Whereas, Paul Conner / Darlene Lauer has made application for a(n) Area Variance, under ARTICLE(S): V of the zoning law for property located at: SECTION(S): B(1)(a) 228 Losson Road The applicant s driveway extension is a minimum of (6) six inches from the East property line, whereas, the Zoning Law requires (5) five feet minimum. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 76

77 3.7.a Attachment: 228 Losson Rd (ZBA : 228 Losson Road) Packet Pg. 77

78 3.7.a Attachment: 228 Losson Rd (ZBA : 228 Losson Road) Packet Pg. 78

79 3.7.a Attachment: 228 Losson Rd (ZBA : 228 Losson Road) Packet Pg. 79

80 3.7.a Attachment: 228 Losson Rd (ZBA : 228 Losson Road) Packet Pg. 80

81 3.7.a Attachment: 228 Losson Rd (ZBA : 228 Losson Road) Packet Pg. 81

82 3.7.b Attachment: EC referral 228 Losson (ZBA : 228 Losson Road) Packet Pg. 82

83 3.8 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION Whereas, Life Storage, Inc. / Paul C. Case, P.E. Greenman-Pedersen, Inc. has made application for a(n) Area Variance, under ARTICLE(S): VI of the zoning law for property located at: SECTION(S): _260-58B(1)(a) 550 Cayuga Road The applicant proposes to construct a two-story climate controlled building with a proposed building height of 29 4, whereas, the Zoning Law allows (15) fifteen feet heights within a distance of 200 feet from any boundary of the airport. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 83

84 3.8.a Attachment: 550 Cayuga Rd (ZBA : 550 Cayuga Road) Packet Pg. 84

85 3.8.a Attachment: 550 Cayuga Rd (ZBA : 550 Cayuga Road) Packet Pg. 85

86 3.8.a Attachment: 550 Cayuga Rd (ZBA : 550 Cayuga Road) Packet Pg. 86

87 3.8.a Attachment: 550 Cayuga Rd (ZBA : 550 Cayuga Road) Packet Pg. 87

88 3.8.b Attachment: EC referral 550 Cayuga (ZBA : 550 Cayuga Road) Packet Pg. 88

89 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group Hillwood Parkway Fort Worth, TX Issued Date: 10/20/2016 Timothy MacVittie Life Storage Inc Main Street Buffalo, NY Aeronautical Study No AEA-8766-OE 3.8.c ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Life Storage-Climate Controlled Self Storage Location: Cheektowaga, NY Latitude: N NAD 83 Longitude: W Heights: 700 feet site elevation (SE) 30 feet above ground level (AGL) 730 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form , Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part 1) X Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/ L Change 1. Attachment: FAA Determination (ZBA : 550 Cayuga Road) This determination expires on 04/20/2018 unless: (a) (b) (c) the construction is started (not necessarily completed) and FAA Form , Notice of Actual Construction or Alteration, is received by this office. extended, revised, or terminated by the issuing office. the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of 2 Packet Pg. 89

90 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST 3.8.c BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. If we can be of further assistance, please contact our office at (817) On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2016-AEA-8766-OE. Signature Control No: ( DNE ) Debbie Cardenas Technician Attachment: FAA Determination (ZBA : 550 Cayuga Road) Page 2 of 2 Packet Pg. 90

91 3.9 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION Whereas, ORG Management, Inc. / Tony Scirri has made application for a(n) Temporary Permit, under ARTICLE(S): III of the zoning law for property located at: SECTION(S): _260-31A 1270 Harlem Road The applicant desires to establish a motor repair facility on a temporary basis, whereas, the Zoning Law does not permit motor services uses within C-Retail Business Zoning District. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Temporary Permit is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 91

92 3.9.a Attachment: 1270 Harlem Rd (ZBA : 1270 Harlem Road) Packet Pg. 92

93 3.9.a Attachment: 1270 Harlem Rd (ZBA : 1270 Harlem Road) Packet Pg. 93

94 3.9.a Attachment: 1270 Harlem Rd (ZBA : 1270 Harlem Road) Packet Pg. 94

95 3.9.a Attachment: 1270 Harlem Rd (ZBA : 1270 Harlem Road) Packet Pg. 95

96 3.9.a Attachment: 1270 Harlem Rd (ZBA : 1270 Harlem Road) Packet Pg. 96

97 3.9.b Attachment: EC referral 1270 Harlem (ZBA : 1270 Harlem Road) Packet Pg. 97

98 3.10 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION under Whereas, Zsuzsanna Heilig has made application for a(n) Area Variance, ARTICLE(S): VI ARTICLE(S): VI ARTICLE(S): II of the zoning law for property located at: SECTION(S): C(1)(b)(1)_ SECTION(S): F(1)(b) SECTION(S): C(1) 292 Seton Road The applicant proposes to install a (6) six foot high privacy fence approximately (1) one foot from the side yard East property line, whereas, the Zoning Law requires the width of the exterior side yard to be not less than (18) eighteen feet for this corner lot. The applicant proposes to install a (6) six foot high privacy fence in a required front and side yard on a corner lot, whereas, the Zoning Law does not permit fencing to exceed (3 ½) feet in height. The applicant proposes to install a (6) six foot high privacy fence approximately (8) eight feet from the front yard South property line, whereas, The Zoning Law requires the front yard to be (25) twenty five feet. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 98

99 3.10.a Attachment: 292 Seton (ZBA : 292 Seton Road) Packet Pg. 99

100 3.10.a Attachment: 292 Seton (ZBA : 292 Seton Road) Packet Pg. 100

101 3.10.a Attachment: 292 Seton (ZBA : 292 Seton Road) Packet Pg. 101

102 3.10.a Attachment: 292 Seton (ZBA : 292 Seton Road) Packet Pg. 102

103 3.10.a Attachment: 292 Seton (ZBA : 292 Seton Road) Packet Pg. 103

104 3.11 TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS DECISION ARTICLE(S): II ARTICLE(S): II Whereas, Keith Euscher has made application for a(n) Area Variance, under of the zoning law for property located at: SECTION(S): _260-27B(4) SECTION(S): _260-27B(6)(e) 5 South Carefree Lane The applicant proposes to erect a (10) ten foot by (10) ten foot shed (15) fifteen feet from the residential mobile home park site boundary, whereas, the Zoning Law requires a minimum distance of (25) twenty five feet. The applicant proposes to erect a (10) ten foot by (10) ten foot shed (1) one foot North of the principal dwelling, whereas, the Zoning Law requires a minimum distance between principal structure and accessory structure of (10) ten feet. Whereas, a public hearing was held on 11/16/2016 after proper notice, Whereas, this Board, after reviewing the application, and conducting a public hearing and after due deliberation and vote of the Board, Be it resolved, by virtue of the power vested in the Zoning Board of Appeals, this Area Variance is hereby Pending. *Note Construction cannot begin until a building permit is applied for and approved. This decision will be automatically revoked unless a building permit is obtained within six (6) months of the date hereof and unless construction commences within one (1) year of the date hereof. Page 1 Packet Pg. 104

105 3.11.a Attachment: 5 South Carefree (ZBA : 5 South Carefree Lane) Packet Pg. 105

106 3.11.a Attachment: 5 South Carefree (ZBA : 5 South Carefree Lane) Packet Pg. 106

107 3.11.a Attachment: 5 South Carefree (ZBA : 5 South Carefree Lane) Packet Pg. 107

108 3.11.a Attachment: 5 South Carefree (ZBA : 5 South Carefree Lane) Packet Pg. 108

109 3.11.a Attachment: 5 South Carefree (ZBA : 5 South Carefree Lane) Packet Pg. 109

110 3.11.b Attachment: 5 South Carefree EC Referral (ZBA : 5 South Carefree Lane) Packet Pg. 110