Town of Cheektowaga
Erie County, NY

ZBA Resolution

240 Oehman Avenue


Department:Zoning Board of AppealsSponsors:
Category:Area Variance


ARTICLE(S): ___II___               SECTION(S): _260-23B(1)(a)(1)__

ARTICLE(S): ___II___               SECTION(S): _260-23B(2)(a)(1)__

ARTICLE(S): ___II___               SECTION(S): _260-23C(3)     ____

ARTICLE(S): ___VI__               SECTION(S): _260-59(A)(3) _____

ARTICLE(S): ___V___               SECTION(S): _260-42B(1)(b)_____

of the zoning law for property located at:


Meeting History

Dec 20, 2017 7:00 PM  Zoning Board of Appeals Regular Meeting

Neither Donald Czapla nor Austin Czapla were present to discuss the five (5) variances they requested to build a single-family home on the existing concrete pad of the old house.

Many neighbors from the Oehman area were present and wished to speak on this project to voice their opposition. Mr. Brandon allowed that request, but informed them that no action will be taken until the applicants appear.

There was an arson fire and only a pad (crawl space) from two (2) houses remain of the old structures that stood there. A letter from Schenne & Associates states that the foundation, with a minor amount of repair, is suitable to build on. They also state that any new work on the foundation must conform to the 2015 RCNYS, including minimum depth of foundation for frost protection and Energy Code requirements.

Lisa Prierce-Puff of 248 Oehman Avenue spoke about conditions prior to the fire and that commercial trucks were parking in the driveway. The police were informed of the situation existing on that parcel prior to the fire.

Security lights on Mrs. Dupre’s house did help Police find the culprits that started the fire.

After the fire, trees were burned on both sides of the old houses as well as on the rear property owned by Mr. DuRosa, who was present. He also verified existing conditions after the fire and that their properties were damaged by firefighters, debris, and sewage on the forty (40) foot lot and nothing was done to clean up the ground area.

There have been numerous owners of the property. Jeffrey Allen and Ken Graci who own it now, purchased the home on July 16, 2016 under his son’s name.

There was no clean-up of the premises to date.

A motion was made to table the variance for more information.

RESULT:TABLED [UNANIMOUS]Next: 1/17/2018 7:00 PM
MOVER:Jane Wiercioch, Board Member
SECONDER:John Marriott, Board Member
AYES:Robert J. Brandon, Jane Wiercioch, Kenneth L. Young, John Marriott, Justin Young