Planning Board Recommends Subdivision of 4170 Broadway to Separate Two Buildings into Individual Lots

The Depew Planning Board recommended approval of an application to subdivide the property at 4170 Broadway so each of two owners may take title to one building and parcel.

Attorney Richard Sherwood, representing Philip and Michael Antonicelli (current joint owners), told the board each brother uses one of the two buildings on the parcel and that the subdivision would not change existing uses. Staff asked whether the split would create any nonconforming uses; Sherwood said the survey and lot line were drawn to meet side-yard setback requirements and that no nonconformance would be created.

Code enforcement and engineering raised practical matters that must be addressed before final action: any shared utilities (sanitary or storm connections) must be documented by a shared-use agreement; a full survey for each new lot must be provided after the split; and drainage responsibilities and agreements should be recorded so future buyers are not left with unresolved access or maintenance issues. Member Soja moved and Member Fedorowicz seconded the recommendation to the Village Board with a stipulation that drainage and responsibility be agreed on by both owners; the roll call vote was unanimous.

The Planning Boards recommendation asks that the applicants supply the required surveys and any needed shared-use agreements as part of the permitting and recording process.