Board denies driveway variance amid conflicting surveys; owner told to seek certified survey or housing-court review

The Cheektowaga Board of Appeals denied a request to regularize a driveway that may encroach on an adjacent property, citing conflicting surveys and the need for a definitive legal determination of the property line.

An owner at the hearing said the driveway had been installed previously and that a town employee had measured and approved it. "When it was in place, it was based on the survey that was done, and it was actually approved by the town and everything," the owner said, arguing that requiring him to cut back concrete installed years earlier was unfair.

Town staff and the board pointed to a later survey submitted by a neighbor that produced a different property line. Board counsel and members said the town does not perform definitive property-title surveys and recommended the parties obtain certified surveys or bring the matter to housing court to resolve the boundary dispute. The board also noted that a prior town employee may have acted without authorization when measuring and approving the original work.

Motion and vote: After discussion the board denied the variance application and advised that an official certified survey be obtained; if the parties cannot resolve the discrepancy, the matter may proceed in housing court.

What happens next: The owner may obtain a certified survey and, if necessary, pursue adjudication in housing court. The board asked staff to record the denial and to consider a memorandum clarifying that enforcement actions will be held pending court resolution, when appropriate.