1196 BIG TREE ROAD PUBLIC HEARING (full text)

Zh NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Aurora on the 2204 day of June, 2026 at 6:30 PM at the Aurora Municipal Center located at 575 Oakwood Avenue, East Aurora, New York, 14052, at which hearing parties and interested citizens shall have an opportunity to hear public comment on a Special Use Permit application to operate a campground and construct seasonal cottages, treehouses, a lodge, and convert the existing residences into sleeping rooms and an administration building at 1196 Big Tree Road, East Aurora, NY. All interested parties are entitled to be heard upon the said application at this public hearing. A copy of the application is available for review at the offices of the Town Clerk during normal business hours or on the Town website www.townofaurorany.gov By Order of the Town Board of the Town of Aurora Jeanne Viger Town Clerk Town of Aurora

TOWN OF AURORA _ 575 OAKWOOD AVENUE, EAST AURORA, NY 14052 BUILDING DEPARTMENT (716) 652-7591 MEMO TO: Supervisor Snyder and Town Board Members FROM: — Elizabeth Cassidy, Code Enforcement Officer DATE: February 20, 2026 “asthe, trechousesy a iadge, and convert the existing resi administration building. .. : Town Code requires the Town Board refer the applications to-the Planning: Bond fot their: - feview and fecommendation. The application shall also be referred to the Erie County Planning Department and DOT as per GML 239-m. After receivirig the Planning Board reconureridation “the Town Board shall schedule a public hearing. A SEQR deterihination jis rogue brior, to. a Town Board decision on the applications. . Both applications ate Unlisted actions for purposes of SEQRA. ” Please contact me if you have any questions, liz

Town of Aurora Town Board 576 Oakwood Avenue, East Aurora NY, 14052 Special Use Permit Application Form . PROJECT INFORMATION (Anplicant/Petitioner): Business/Project Name: _ Camprground with Wellness theme and customarily incidental accessory uses Buginess/Project Address: 1196 Big Tree Road, Town of Aurora, NY Applicant Name: _ Catner Development Group Inc. Mailing Address: __ $70 Main Street, Suite 2 city East Aurora State NY ZIP 14052 Phone 716. 725.7669: Fax 716.427.6501 | Emait ~ [email protected] Interest in the propert(ex: y owner/purchaser/developar). Property Owner / aa Operator, I, PROPERTY OWNER INFORMATION (i different than Applicant AND the > Owner does not align below, pleasa submit and original, notarized “Owner Authorization’ form- attached): Property Owner(s) Name(a)_Camer Development Group inc, ‘Ifa corporate, please name a responsible party/designated officer: By Rachel Krajewski, President Address _ 670 Main Sireat, Suite 2 City y . Fast Aurora State NY zip 14052 Phone 716.725.7669 Fax 718.427.6501 Emal! [email protected] Ill. SPEGIAL USE AND PROPERTY INFORMATION: Property Address 1196 Big Tree Road, Town of Aurora, NY SBL# 165.00-1-28.21 Desoribe Special Use requested (use additional pages if needed): Camprground with Wellness theme and customarily incidental accessory uses — see attached narrative for more detalled Project Description Property size in acres _ 5.1 Property Frontage in feet_634.44 Zoning District Agricultural and Rural Residential Surrounding Zoning Agricultural and Rural Residential Current Use of Property ,Cardea Health Spa / Wellness Center, Residential; and Vacant Structure Size of existing building(s): atached ste nin sf several-- see ‘Size of proposed building(s) """™ "gg Present/Prior tenant/use: | Cardea Health Spa / Wellness Center, Residential: and Vacant Structure Parking spaces: Existing: 2° Proposed additional spaces: 41 Total#: 84

Proposed water service: _ _* public private (well} n/a Isthisaxisting YIN Yes Proposed sanitary sewer: public__* _ private (septic)___rv/a Isthis existing Y/N y2sbatto increased Hours of operation (if applicabte): Day Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | By Appt. Hours | ALL AU ALL ALL ALL ALL ALL NA Peak hours: NA Number of employees (if applicable): Full-time 5 — Part-time 2 Seasonal _9_ Upon approval of this application, the applicant intends to apply for: (Check all that apply) a. Bullding Permit * b, Sign Permit x IV. SIGNATURE (This application must be signed by the applicant/petitioner. if the applicant is not the owner of the property, a separate owner authorization farm must be submitted — see pg. 4) , ? (PPh ts } “Signature of AppligéntiPetttioner Carner Development Group Inc., by Rachel Krajawski, President Print name of Applicant/Petttioner State of New York; County of Erie On the tan day offemay in the year 206 before me, the above Individual appeared, personally known to me an the basls of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/ehafthay executed the same for the he stated. Notary Public [/ \ } RYAN MCCARTHY NOTARY PUBLIC, STATE OF NEW YORK! {Notary stamp} Registration No. 02MC6277628 Qualified in Erle County Commission Expires March 11, 2029 Office Use Only: Daie received: Receipt #: Application reviewed by:

FISHER © ASSOCIATES Transportation May 4, 2026 Land Development Energy Peter Sorgi Hopkins, Sorgi & McCarthy PLLC 574 Main Street Suite 204 East Aurora, NY 14052 Transportation Assessment Twin Elms Estate Development Proposed Campground Aurora, NY Fisher Project No. 250690 Dear Mr. Sorgi: We have completed our transportation assessment of the proposed Twin Elms Estate Campground development that will be located at 1196 Big Tree Road (US Route 20A/NYS Route 78) in the Town of Aurora, NY on the site of the former Twin Elms Estate. Below is a summary of our findings. Project Background The proposed project invalves the renovation of the Twin Elms estate into a campground with an existing wellness center on site. The proposed site plan is illustrated in Figure 1 on the following page. The wellness center that currently exists on-site, will remain and be open to campground guests and the general public so the net change in traffic volumes due to the wellness center will be negligible. A total of eighteen (18) sleeping quarters will be provided that will include seven (7} in the main existing house, two (2) in the existing farmhouse, seven (7) individual cabins and two (2) tree houses. The proposed site plan will also include a 1,200 square foot lodge which will consist of an open air gazebo that can accommodate up to 70 guests. The lodge will be used only by guests staying at the campground and their invitees, The site will be serviced by an existing full access driveway located approximately 450 feet east of Cook Road. There is an existing parking lot that services the wellness center and additional parking areas will be created for the campground. Big Tree Road is approximately 32 feet wide with one 12-foot lane in each direction and 4-foot shoulders. Immediately west of the site, Big Tree Road widens to a 3-lane roadway with one lane in each direction and a two-way center turn lane. The posted speed limit on Big Tree Road is 45 mph. In the area of the existing driveway, Big Tree Road is straight with excellent site distance to the west (over 1,000 feet) and approximately 700 feet to the east. The are no By living our clientship principles and core values, we create powerful client experiences. 55 Chicago Street, Suite 200 ¢ Buffalo, New York 14204 © 716.858.1234 ¢ fisherassoc.com

© pedestrian accommodations on Big Tree Road as there are no pedestrian generators in the area, Figure 1 CARMINAWOCOD af Wek | enone DESIGN : i | Twin Elms Estate soe 84072221 Review of traffic volumes collected by the New York State Department of Transportation (NYSDOT) in June 2024 and October 2024 (the most recent data that Is available) for Big Tree Road in the area of the proposed development shows that it carries approximately 11,000 vehicles per day. Historical traffic volumes indicate that there has been very little growth in traffic since 2015. The weekday peak hour of traffic typically occurs between 4:00pm and 5:00pm with peak hour volumes of approximately 700 vehicles per hour traveling east on Big Tree Road and 450 vehicles traveling west. Saturday peak hour traffic volumes are approximately 65% of Friday peak hour traffic volumes Review of crash data collected by the NYSDOT for the time period between 4/30/2021 and 4/30/2025 (most recent 4 year time period that crash data is available), there were no crashes reported in the area of the proposed development. By living our clientship principles and core values, we create powerful client experiences, 55 Chicago Street, Suite 200 © Buffalo, New York 14204 ® 716.858.1234 © fisherassoc.com

© Transportation Assessment The Institute of Transportation Engineers (ITE) Trip Generation Manual, 12" Edition was used to estimate the number of trips that will be traveling to and from the site. ITE is a national organization of transportation engineers, and the Trip Generation Manual contains information compiled from studies by members throughout the nation, ITE provides trip generation data for a campground (ITE Land Use Code 416), although the data is very limited. Another related land use would be Recreational Home (ITE Land Use Code 260). The table below illustrates the estimate number of trips that would be generated during the weekday commuter AM and PM peak hours. Estimated Trip Generation _ Campground 0 “4 4 : 1 |Recreational Home _ 2 2 | 3 2, As ane can see, no matter the land use that is used, only a minima! amount of traffic is anticipated to be generated during the typical weekday commuter peak hours by the campground sleeping quarters The ITE does not provide trip generation estimates for a lodge/open air gazebo, We have used the following assumptions to develop an estimate of traffic for that use. e = Timing of arriving and departing vehicles: it is assumed that use of the lodge/open air gazebo would occur on Friday evenings after the typical weekday commuter peak hour or on the weekend. Traffic will be leaving the site later the same evening and will be distributed over a number of hours. * Many of the guests will travel together as couples, families or groups of friends. Assume there will be 2 -2.5 guests per vehicle and that many of the invitees will be non-campers. Using the above factors gives a range of 25 to 32 additional trips due to the lodge/open air gazebo. This is a conservative assumption at it assumes 100% maximum capacity of the lodge/open air gazebo. It is likely the majority of this traffic would be entering the campground during the same hour prior to the event and departing the campground during the same hour after the event. 8y living our clientship principles and core values, we create powerful client experiences. 55 Chicago Street, Suite 200 « Buffalo, New York 14204 « 716.858.1234 « fisherassoc.com

© The distribution of trips generated by the campground development is likely to follow a combination of prevailing regional travel patterns, existing traffic volumes, location of population centers and the local and regional roadway network. The population centers that the site would draw people from are located north or west of the proposed site. As such, most of the traffic will arrive and depart using State Route 400 with a smaller percentage using US Route 20A to the west. It is likely that very few people will use US Route 204A to the east. Given the relatively low volume of traffic that will be generated by the campground sleeping quarters and the associated lodge/open air gazebo and that the majority of traffic will be arriving and departing after the peak hours, it can be concluded that the proposed campground development will have little to no impact on traffic flow and operations and that there will not be significant adverse traffic operational impacts. Further, it should be noted that the site currently operates as a wellness center that currently generates some amount of traffic. Finally, NYSDOT typically does not require a traffic impact study if a development generates less than 100 peak hour trips. There is not an existing crash history in the vicinity of the site. It is not anticipated that the increased vehicle activity at the proposed site will cause an increase in crashes. There is excellent site distance in each direction to give traffic entering and exiting the site plenty of time and distance to observe any oncoming vehicles. It ls recommended that any landscaping proposed for the site be located away from the edges of the roadway so as not to block the view of exiting vehicles. This study has been conducted for the proposed Twin Elms campground development to assess the transportation and safety impacts relative to the creation of a campground and lodge/open air gazebo social gathering space. This assessment concludes that there will not be any significant adverse transportation or safety impacts due to the project. Should you have any questions regarding the findings of this assessment, please do not hesitate to call. Sincerely, FISHER ASSOCIATES, P.E., L.S., L.A., D.P.C, Vw Pate— Timothy R. Faulkner, P.E. Senior Transportation Manager By living our clientship principles and core values, we create powerful client experiences. 55 Chicago Street, Suite 200 © Buffalo, New York 14204 716.858.1234 @ fisherassoc.com

—_— SUPERVISOR pot Town of TOWN CLERK Charles D. Snyder Jeanne H, Viger (716) 652-7590 (716) 652-3280 [email protected] — [email protected] TOWN OF AURORA Aurora Municipal Center 575 Oakwood Avenue, East Aurora, NY 14052 www.townofaurorany.gov TOWN COUNCIL MEMBERS May 14, 2026 Jessica B. Armbrust Hopkins Sorgi & McCarthy PLL [email protected] Attn: Peter Sorgi, Esq 574 Main St, Suite 204 Benjamin T, Garvey East Aurora,NY 14052 [email protected] Joseph M. McCann RE: Interpretation request dated May 6, 2026, for 1196 Big Tree Rd (East Main St mailing address) [email protected] Mr. Sorgi, Raymond M, Wrazen [email protected] Aurora Town Code §116-7 states in its entirety, “the boundaries of each district are hereby established as shown as on said Zoning Map and are intended to follow street and road lines, existing lot and property lines, creeks and other like natural dividing lines or extensions of such SUPT. OF HIGHWAYS David M, Gunner lines. Where a boundary line does not follow such a line, it shall be located on the map by (716) 652-4050 appropriate descriptions and dimensions.” The Aurora Town Zoning map, last updated in October [email protected] 2017, includes a note which states, “zoning district boundaries are intended to follow road lines, existing property lines, creeks and other like natural dividing lines or extensions of such lines. The CODE ENFORCEMENT Rural Residential (RR) District extends from the right-of-way along designated roadways for a OFFICER distance of 300’. Other boundary lines which do not follow such lines have been located on the Elizabeth Cassidy map by appropriate dimensions and descriptions.” (716) 652-7591 building @townofaurorany.gov The Zoning Map, as authorized by the Town Code §116-6, has specified that the RR District ASSESSOR boundary is 300’ from the right-of-way (ROW). The Aurora Town. Code §116-4 definition of Stephen R, Pigeon right-of-way, public is “land over which the public may travel subject to restrictions by the (716) 652-0011 government with jurisdiction, whether or not said government has control of the land by ownership [email protected] or easement.” In the case of 1196 Big Tree Rd, the northern line of Big Tree Rd is clearly identified on a May 29, 1995 survey by James L. Shisler, LS, PC. This bold line labeled northern DIR. OF RECREATION line of Big Tree Rd is the end of the ROW where the public may travel, and the point from which Christopher Musshafen the RR District is measured. This delineation meets the definition of “street line” as stated in (716) 652-8866 Aurora Town Code §116-4 and in conjunction with the definition of “street, which “road” is [email protected] synonymous with, for the applicable code sections referenced herein. TOWN ATTORNEY Brigid M. Maloney Features of the ROW including but not limited to ditches, roadways, streets, and street markings are out of the scope of a Code Enforcement Officer’s authority. TOWN JUSTICE Jeffrey P. Markello Enclosed is a portion of the referenced survey clearly showing the ROW. James Granville Sincerely, HISTORIAN = ~ Robert L. Goller (716) 652-7944 [email protected] Ce? Se Elizabeth CasSidy” C i — FAX: (716) 652-3507 Town of Aurora/Village of Hast Aurora Code Enforemeent Officer Cell 716.695.5194 This institution is an equal Office 716.652.7591 opportunity provider and employer. Email [email protected]

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TOWN OF AURORA 575 OAKWOOD AVENUE, EAST AURORA, NY 14052 BUILDING DEPARTMENT (716) 652-7591 MEMO TO: Supervisor Snyder and Town Board Members FROM: _ Elizabeth Cassidy, Code Enforcement Officer DATE: — June 17, 2026 On Friday June 12, Peter Sorgi, of Hopkins Sorgi & McCarthy PLLC, as agent for property owner Carner Development Group Inc, dropped off information the Town Board requested at the June 8, 2026, meeting. Mr. Sorgi has provided a survey, listed as Exhibit 1, showing the 300’ Rural Residential (RR)/Agriculture (A) District boundary delineation. Additionally, the survey identifies a line 50’ in front of the boundary delineation which reflects the 50’ extension of the regulations of the A District into the RR District in accordance with Town Code §116-25A. This secondary line shows that the entirety of the main house is within this 50’ extension. Based on my interpretation letter, and the additional documentation submitted, I have determined that the entirety of the main building can be used as sleeping quarters as allowed in the A District. Mr. Sorgi also provided two options for parking. Exhibit 3 shows the parking as required by the Town Code and Exhibit 4 shows the applicant’s preferred amount of parking provided. Town Code §116-27A(11) does allow the Town Board to substitute green space in lieu of parking for a particular application and the Town Board will need to approve a specific parking plan. liz

J. HS June 12, 2026 Aurora Town Board 575 Oakwood Avenue East Aurora, New York 14052 Re: — Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY; SBL No. 165.00-1-28.21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential Dear Aurora Town Board: Our firm represents Carer Development Group Inc. (“Carner”), the owner of 1196 East Main Street in the Town of Aurora and applicant for the Site Plan and Special Use Permit Approvals. Legal Standard for Decisions on Special Use Permits As a preliminary matter, it must be stressed that the New York State Court of Appeals, which is the highest New York State Court, as well as New York State Appellate Courts and New York State Supreme Courts, have consistently set forth the law regarding a municipal board’s decision on special use permits. These rules are: 1. “Review of an application for a special use permit must begin with the recognition that ‘Tt]he inclusion of the permitted use in the [zoning] ordinance is tantamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood.’ The burden on the applicant, unlike the heavy burden on one seeking to obtain a variance, is a light one.”* 2. “The denial of a special permit may not be based on general objections by the Board, adjacent landowners or others, or on conclusory findings which do not have evidentiary support in the record. Further, community pressure is an improper ground upon which to base the denial of a special permit.”2 1 Greene v. LoGrande, 96 AD2d 524, 525, 464 NYS2d 831, 833 (2d Dept 1983) (internal citations omitted). ? Wegmans Enterprises, Inc, v. Lansing, 134 A.D.2d 898, 900, 521 N.Y.S.2d 1011, 1012 (4th Dept 1987) (internal citations omitted); See also Twin County Recycling Corp. v. Yevali, 90 N.Y.2d 1000, 1001-1002, 688 N.E.2d 501, 502, 665 N.Y.S.2d 627, 628, 1997 (internal citations omitted): Court of Appeals reverses the denial of a special use permit upon the following ruling: “the board may not base its decision on generalized cormmunity objections ( Matter of Pleasant Val. HOPKINS SORGI & MCCARTHY PLLC Attorneys at Law 574 Main Street, Suite 204 « East Aurora, New York 14052 Office: 716-805-7191 Ext 2 ¢ Mobile: 716-908-3289 * E-Mail: [email protected] hsmlegal.com

Letter to Aurora Town Board Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY: SBL No. 165.00-1-28.21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential June 12, 2026 3. To deny an application for a special use permit, “the board may only act upon substantial evidence indicating, e.g., that the contemplated project is substantively deficient under the legislated criteria governing the issuance of a special use permit.”? Revised Site Plans Per June 8, 2026 Town Board Meeting and May 28, 2026 Code Interpretation As requested by the Town Board at its June 8, 2026 Meeting, attached please find two revised Site Plans showing the 300 feet line demarcating the Rural Residential District (RR) and the Agricultural District (AR), as well as the line measuring 50 feet into the RR District from the 300 feet line (labeled as “250’ SETBACK” on the Site Plans). These two lines are shown on the Survey prepared by Nussbaumer & Clarke, Inc., a copy of which is attached as Exhibit 1. Please note that the Revised Site Plans as well as the aforementioned lines drawn thereon are consistent with the Code Interpretation of Elizabeth, Cassidy, Town of Aurora Code Enforcement Officer, dated May 28, 2026, a copy of which is annexed hereto as Exhibit 2 and expressly made a part hereof. As can be seen on the plan, and consistent with Ms. Cassidy’s Code Interpretation and Town Zoning Code § 116-25(A), while the 300 feet line does run through the main house, the entire main house can be utilized as a part of the campground project because the line measuring 50 feet into the RR District ends to the south of the main house. Accordingly, all principal and accessory uses and related buildings/structures, are allowed. Note that per our discussion at the June 8, 2026 Town Board Meeting, two plans are being submitted to show the following parking options (the Site Plans are identical except for the parking); Exhibit 3: Revised Site Plan with showing the 300 feet line demarcating the RR and the AR Zoning Districts, as well as the line measuring 50 feet into the RR District from the 300 feet line, with parking as required by the Town Zoning Code; and Exhibit 4: Revised Site Plan with showing the 300 feet line demarcating the RR and the AR Zoning Districts, as well as the line measuring 50 feet into the RR Zoning District Home Constr. v Van Wagner, supra). Given the present record established by petitioner, it is evident that the application was denied not because it failed to meet the applicable criteria but because of generalized community pressure, The determination was, therefore, properly annulled. > Sullivan v. Town Bd, of Riverhead, 102 AD2d 113, 115-116, 476 NYS2d 578, 581 (2d Dept 1984) (emphasis added).

Letter to Aurora Town Board Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY: SBL No. 165.00-1-28.21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential June 12, 2026 from the 300 feet line, with desired parking pursuant to Town Zoning Code § 116-27(A){11) which states that “[t]he Town Board may recommend that green space be substituted in lieu of the required parking area ona particular site plan, and as recommended 6-0 by the Town Planning Board.” Additionally, attached as Exhibit 5 for your reference is the letter submitted to the Town Planning Board dated April 28, 2026 which provides a Project Summary, a Project History and all required plans including the following discussion regarding the reduction of the Lodge from 2,400 square feet to 1,200 square feet: Carner made one substantial change from the Site Plan in its initial application. The Lodge has changed from a 2,400 square feet fully enclosed structure to an approximately 1,200 square feet* open air structure without walls. We anticipate that with tables and chairs, the maximum occupancy of the Lodge will be approximately 70 people. A rendering of the Lodge being proposed is as follows: > * Because the footprint of the Lodge is not a rectangle, the actual square feet is less than 1,200 feet, but to simplify the calculation, 1,200 square feet was used.

Letter to Aurora Town Board Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Ine. Project Site: 1196 Big Tree Road, Town of Aurora, NY; SBL No. 165.00-1-28.21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential June 12, 2026 Town Planning Board’s May 6, 2026 Recommendation A copy of the Town Planning Board’s Meeting Minutes from May 6, 2026 where the Town Planning Board recornmended in favor of approval of the Site Plan and Special Use Permit Applications by a vote of 6-0 with one abstention is attached as Exhibit 6 for your reference. Statement regarding Carner’s Commitment to Follow Town Code and Code Interpretations At the June 8, 2026 Town Board Meeting, Carner was asked to put in writing a statement that it will follow the requirements of the Town Code and any Code Interpretations. Accordingly, Carner hereby agrees to follow the requirements of the Town Code and any Code interpretations. Thank you for your consideration of Carner’s Application. Please contact me with any questions or if further information is required for the Public Hearing. Sincerely, i HOPKINS 4 SORGI & MCCARTHY o . PLLC "a, ag gee Peter J. Sorgi,"Esq. Enc. cc: Jeanne H. Viger, Aurora Town Clerk Elizabeth Cassidy, Town of Aurora Code Enforcement Officer Richard Miga, Town of Aurora Assistant Code Enforcement Officer Brigid Maloney, Esq., Aurora Town Attorney Rachel Krajewski, President, Carner Development Group, Inc. Daniel Garvey, Director of Hospitality, Carner Development Group, Inc. Phil Gusmano, AIA, CPHC, Crafted Concepts Architecture P.C. (Project Architect) Danielle Johnson, AIA, CPHC, Crafted Concepts Architecture P.C. (Project Architect) Daniel LaPietra, PE, Carmina Wood Design (Project Engineer)

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SUPERVISOR T, ownof TOWN CLERK Charles D. Snyder Jeanne H. Viger (716) 652-7590 (716) 652-3280 esnyder(@townofaurorany.gov townclerk(@townotaurorany.gov TOWN OF AURORA Aurora Municipal Center 575 Oakwood Avenue, East Aurora, NY 14052 www.townofaurorany.gov TOWN COUNCIL MEMBERS May 28, 2026 Jessica B. Armbrust Hopkins Sorgi & McCarthy PLL [email protected] Attn: Peter Sorgi, Esq 574 Main St, Suite 204 Benjamin T. Garvey bearvey @townofauroany.gov East Aurora, NY 14052 Joseph M. MeCann. RE: Interpretation request dated May 6, 2026, for 1196 Big Tree Rd (East Main St mailing address) [email protected] Mr. Sorgi, Raymond M, Wrazen rwrazen@townofaurorany, gov This letter has been revised as verbally requested on May 27, 2026, and supersedes the one issued on May 14, 2026. SUPT. OF HIGHWAYS David M. Gunner Features of the public right-of-way (ROW) including but not limited to ditches, roadways, streets, (716) 652-4050 and street markings, and including all manners of which the public may traverse the ROW are out [email protected] of the scope of a Code Enforcement Officer’s authority. Aurora Town Code clearly identifies the scope of the Code Enforcement Officer’s authority including Chapters 35, 59, 65, 68, 72, 87, 91, CODE ENFORCEMENT part of 93, 95, 95A, 95C, 96, 99, 108, and 116. In addition to local Code ordinances, a CEO is only OFFICER authorized to enforce the NYS Uniform and Energy Codes. NYS Vehicle and Traffic Law Section Elizabeth Cassidy 1680 identifies the Department of Transportation as the authority having jurisdiction of the Manual (716) 652-7591 of Uniform Traffic-Control Devices (MUTCD). Providing any interpretation of regulations for [email protected] which a CEO has no jurisdiction, in this case the MUTCD, is improper. ASSESSOR Stephen R. Pigeon However, it is within my authority to provide interpretations on Town Code. Aurora Town Code (716) 652-0011 §116-7 states in its entirety, “the boundaries of each district are hereby established as shown as on [email protected] said Zoning Map and are intended to follow street and road lines, existing lot and property lines, creeks and other like natural dividing lines or extensions of such lines. Where a boundary line does DIR. OF RECREATION not follow such a line, it shall be located on the map by appropriate descriptions and dimensions.” Christopher Musshafen The Aurora Town Zoning map, last updated in October 2017, includes a note which states, “zoning (716) 652-8866 district boundaries are intended to follow road lines, existing property lines, creeks and other like [email protected] natural dividing lines or extensions of such lines. The Rural Residential (RR) District extends from TOWN ATTORNEY the right-of-way along designated roadways for a distance of 300°. Other boundary lines which do Brigid M. Maloney not follow such lines have been located on the map by appropriate dimensions and descriptions.” TOWN JUSTICE The Zoning Map, as authorized by the Town Code §116-6, specifies that the RR District boundary Jeffrey P. Markelio is 300’ from the right-of-way (ROW). The Aurora Town Code §116-4 definition of “right-of-way, James Granville public” is “land over which the public may travel subject to restrictions by the government with jurisdiction, whether or not said government has control of the land by ownership or easement.” HISTORIAN Additionally, the definition of “street line” as defined in Aurora Town Code §116-4, which states Robert L. Goller (716) 652-7944 “the line which delineates the public right-of-way of a road or street, as established by the local, [email protected] county or state agency having jurisdiction and as shown on the real property Tax Maps of the Town” and in conjunction with the definition of “street”, which states “a public or private FAX: (716) 652-3507 thoroughfare which affords the principal means of access to abutting property. This term shall be synonymous with “road,” This institution is an equal In the case of 1196 Big Tree Rd, the northern line of Big Tree Rd is clearly identified on a May 29, opportunity pravider and employer. 1995 survey by James L. Shisler, LS, PC. This bold line labeled northern line of Big Tree Rd, is the “street line” and is the end of the ROW, where the public may travel, and the point from which

1 the RR District is measured. Enclosed is a portion of the referenced survey clearly showing the ROW, A red line has been added and indicates the approximate location of the boundary of the RR district, using the reference scale and a ruler, as I am not a licensed land surveyor. A licensed land surveyor could provide the exact location of the line 300’ from the ROW ona survey. The RR district boundary bisects the existing main residence through the first-floor proposed formal dining/wellness café and a second-floor proposed sleeping quarter. Since a campground, and associated sleeping quarters, is not a permitted use in the RR District, as stated in Aurora Town Code §116-8.44, the sleeping quarters and campground uses from the RR District boundary south within the existing building are not a legal use. However, Aurora Town Code §116-25A states that “where a district boundary line divides a lot in single or joint ownership of xecord at the time such line is established, the regulations for the less-restricted portion of such lot shalt extend not more than 50 feet into the more-restricted portion, provided that the lot has frontage on a street or highway in the less-restricted portion,” While the Aurora Town Code does not define frontage, it does allow for the customary meaning per §116-3. As a result, the customary meaning of frontage is the portion of a property that borders a public road, street, highway, or body of water, In the case of 1196 Big Tree Rd, the property has frontage on Rt 400 at the Northwest portion of the parcel and therefore the regulations for the A District are allowed to be extended 50’ into the RR District. In order to confirm that the entirety of the main residence is within 50’ of the RR District boundary, the Town would require a survey of the front portion of the property from a licensed land surveyor with the following: e The North Line of Big Tree Rd (or ROW) as referenced on the 1995 Shisler survey ¢ The 300’ RR District boundary as identified by this letter and measured in at least 3 locations, including locations where the ROW changes direction * The distance from the RR District boundary to the front of the main residence on the east and west facades of the house A survey with details will confirm how much of the main residence can have the A District regulations extended to. If the entirety of the main residence does not fit within this 50’ A District extension, then a variance to extend it to the entirety of the building could be requested. The accessory uses of the existing tennis court, which is bisected by the RR District boundary, and the inground pool, which is entirely within the RR District, are allowed both in the RR District, as stated in Aurora Town Code §116-8.4A(6), and in the A District, as stated in §116-8.5A(1) and therefore are allowed to be used for both personal use of the single family residence and. the campground. Sincerely, 2A Elizabeth Cassidy Town of Aurora/Village of East Aurora Code Enforemeent Officer Cell 716.695.5194 Office 716.652.7591 Email [email protected]

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L HSM April 28, 2026 Town of Aurora Planning Board 575 Oakwood Avenue East Aurora, New York 14052 Re: Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY; SBL No. 165.00-1-28,21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential Dear Town of Aurora Planning Board: Our firm represents Carner Development Group Inc. (“Carner”), the owner of 1196 East Main Street in the Town of Aurora and applicant for the Site Plan and Special Use Permit (collectively, “Applications”). Project Summary The Project’s Principal Use is a Campground which Is defined by Section 116.4 of the Town of Aurora Zoning Code as “A parcel of land used or intended to be used, let or rented for occupancy by or of two or more recreational vehicles, tents or other recreational or temporary shelter or sleeping quarters of any kind.” The “sleeping quarters of any kind” are: e Seven Seasonal Cottages to be constructed; * Two Treehouse Retreats to be constructed; * Seven Sleeping Quarters in the existing building labeled on the Site Plan as Admin Building and Sleeping Quarters; and * Two Sleeping Quarters in the existing building labeled on the Site Plan as Sleeping Quarters, The Project also includes “Customary accessory uses and structures” which are expressly permitted in the Agricultural Zoning District at Section 116-8.5(A)(5) Town of Aurora Zoning Code which states the following are Permitted Uses: “Use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the HOPKINS SORGI & MCCARTHY PLLC Attorneys at Law 574 Main Sireet, Suite 204 + East Aurora, New York 14052 Office: 716-805-7191 Ext 2 * Mobile: 716-908-3289 « E-Mail: [email protected] hsmlegal.com

Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY; SBL No. 165.00-1-28.21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential March 29, 2026 same lot with such principal use.” The “Customary accessory uses and structures” for this Project are: * Lodge for the Campground to be constructed consisting of an approximately 1,200 square feet* open air structure without walls — note that the Lodge has been substantially changed from the initial Site Plan, as discussed in more detail below; e Wellness Center for the Campground in existing building and currently being operated for this or a similar use.” e Parking Areas; and Related Site Infrastructure and Amenities. Carner is experienced in this type of operation as it has three other campgrounds that it owns and operates on Seneca Lake in the Town of Torrey, Heritage Lake in the Town of Phelps and Conesus Lake in the Town of Lavonia. Additionally, Carner owns and operates the Bank of East Aurora in the Village of East Aurora, the Trust Co. Building and the Bank Shot in the Village of East Aurora and the Hearthstone House in the Village of Ellicottville? Project History ® October 29, 2025: Carner submitted to the Planning Board its Pre-Application Review of the three following potential Projects, all of which are allowed uses with Site Plan Approval and Special Use Permit: © Project / Option 1: Campground with Wellness Theme with Accessory Uses co Project / Option 2: Campground with Accessory Uses o Project / Option 3: Five Two-Family Dwellings + Because the footprint of the pavilion is not a rectangle, the actual square feet is less than 1,200 feet, but to simplify the calculation, 1,200 square feet was used. ? Current Operation is under a Home Occupation Permit which is defined in the Town Zoning Code § 116-8.1({A)(5}(c) as “clearly incidental and secondary to the [9rincipal] use” but under this proposal it would be an accessory use to the principal use as a Campground and “customarily incidental and subordinate to the principal use.” 3 See Carner Development Group Inc. website at https://www.cdginc. org/s-projects-side-by-side

Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY; SBL No. 165.00-1-28,21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential March 29, 2026 « November 5, 2025: Carner appears before the Planning Board to obtain the Planning Board’s input regarding which Project / Option is preferred. As reflected in the Minutes from the Planning Board’s November 5, 2025 Meeting, all five Planning Board Members in attendance favor Project / Option 1. A copy of the Minutes from the Planning Board Meeting of November 5, 2025 is attached as Exhibit 1. e February 20, 2026: Carner submitted its Applications to the Town of Aurora Building and Code Enforcement Department. * February 20, 2026: Town of Aurora Code Enforcement Officer provides a Memo to the Aurora Town Board stating that “[t]he Building Department has accepted Special Use Permits (SUP} and Site Plan applications for 1196 Big Tree Road (East Main mailing address).” A copy of the Code Enforcement Officer's Memo to the Aurora Town Board is attached as Exhibit 2. ¢ February 23, 2026: Aurora Town Board votes unanimously to refer the Applications to the Planning Board for its recommendation(s). This vote was done pursuant to Town Zoning Code § 116-42 which provides the options of either taking no action, request modifications to the Applications, or refer the Applications to the Planning Board.* The Town Board chose the option of referring the Applications to the Planning Board. A copy of the Minutes from the Town Board Meeting of February 23, 2026 is attached as Exhibit 3. ¢ March 4, 2026: Planning Board reviews the Applications. The Planning Board votes 3 to 2 to recommend approval of the Applications, however as the Planning Board is a seven-member “Town of Aurora Zoning Code § 116-42(A). Applications, plans and fees. A. Application for special use permit review and approval shall be made, in writing, on the appropriate forms provided by the Town and shall be filed with the Town Clerk. In certain circumstances, an application for special use permit review and approval shall be made in tandem with application to the Town Board for site plan review and approval for the proposed project. The applicant will first appear before the Town Board for review of the application. The Town Board may take one of the following actions: (1) Take no action. (2) Request that the applicant modify the application and resubmit. {3) Request that the applicant submit an application for site plan review to be made in tandem with the application for a special use permit. (4) Refer the application(s) for review to, and recommendation by, the Planning Board. Note that the 3" option of § 116-42(A) was inapplicable because the Site Plan Application was submitted in tandem with the Special Use Permit Application.

Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY: SBL No, 165.00-1-28,21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential March 29, 2026 board, four votes are needed for a resolution to pass. Subsequently, there was no formal resolution to recommend approval or recommend denial of the Applications. A copy of the Minutes from the Planning Board Meeting of March 4, 2026 is attached as Exhibit 4. ¢ March 17, 2026: Town Board referred Applications back to Planning Board for its recommendation(s) of the lack of a passed resolution at the March 17, 2026 Planning Board. A copy of the Minutes from the Town Board Meeting of March 17, 2026 is attached as Exhibit 5. Changes to Site Plan / Updated Floor Plans / Site Plan and Related Plans Carner made one substantial change from the Site Plan in its initial application. The Lodge has changed from a 2,400 square feet fully enclosed structure to an approximately 1,200 square feet® open air structure without walls. We anticipate that with tables and chairs, the maximum occupancy of the Lodge will be approximately 70 people. A rendering of the Lodge being proposed is as follows: 5 Because the footprint of the pavilion is not a rectangle, the actual square feet is less than 1,200 feet, but to simplify the calculation, 1,200 square feet was used.

Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY; SBL No. 165.00-1-28.21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential March 29, 2026 Enclosed please find: e Exhibit 6: Two Versions of the Revised Site Plan both of which show the Zoning District Line between Rural Residential and Agricultural. Both Site Plans are identical except for the number of parking spaces with the difference in parking spaces described as follows: o 51 Parking Spaces as required by Town Zoning Code © 30 Parking Spaces, which is the amount of parking spaces that Carner feels is needed and accordingly, we hereby request that the Planning Board recommend to that Town Board that it approve 30 Parking Spaces pursuant to Town Zoning Code § 116- 27(A)(11) which states that “[t]he Town Board may recommend that green space be substituted in lieu of the required parking area on a particular site plan.” The Town Board’s authorization to reduce the parking spaces to 30 would preserve greenspace. ¢ Exhibit 7: Proposed Floor Plans and related Plans for the existing Administrative Building with Seven Sleeping Quarters (i.e., the existing main house) which will undergo substantial renovations to address deferred maintenance and to preserve the historic significance of the structure and surrounding property and grounds, the substantial majority of which are in a conservation easement. e Exhibit 8: Proposed Floor Plans and related Plans for: © the existing Building with Two Sleeping Quarters (i.e., the farmhouse); o the seven seasonal cottages; and othe two Treehouse retreats. ¢ Exhibit 9: Rendering of the Lodge (approximately 1,200 square feet® open air structure without walls). 6 Because the footprint of the pavilion is not a rectangle, the actual square feet is less than 1,200 feet, but to simplify the calculation, 1,200 square feet was used.

Application for Site Plan Approval and Special Use Permit Applicant / Property Owner: Carner Development Group Inc. Project Site: 1196 Big Tree Road, Town of Aurora, NY; SBL No. 165.00-1-28.21 Project: Campground with Wellness Theme with Accessory Uses Zoning Districts: Agricultural and Rural Residential March 29, 2026 Thank you for your consideration of our Project. If there are any questions or if further information is required, please advise. Sincerely, HOPKINS SORGI & MCCARTHY PLLC Ee) oe , a PeterJ. Sorgi, Esq. Enc. cc: Rachel Krajewski, President, Carner Development Group, Inc. Phil Gusmano, AIA, CPHC, Crafted Concepts Architecture P.C, (Project Architect) Danielle Johnson, AIA, CPHC, Crafted Concepts Architecture P.C. (Project Architect) Daniel LaPietra, PE, Carmina Wood Design (Project Engineer)

MINUTES OF A MEETING AS HELD BY THE TOWN OF AURORA PLANNING & CONSERVATION BOARD November 5th, 2025 Members Present: Chairman, Doug Crow Tim Stroth Chelsea Root Angela Griffis Chris Contento Alternate Member: Ben Garvey Absent/ Excused: Norm Merriman Laurie Kutina William Heidt Also Present: Liz Cassidy, Code Enforcement Officer Fred Perez, World Mission Society Church of God Varinder Gill, WNY West Falls Inc. Chuck Norris, Project & Safety Manager for WNY West Falls, Inc. Peter Sorgi, Attorney for Carner Development Group, Inc. Rachel Krajewski, President, Carner Development Group, Inc. Paul Ernst, Chair, Town ZBA Eric Diebolt, member of public Chairman, Doug Crow presided over the meeting which began at 7:00 p.m. at the Town Hall,575 Oakwood Avenue, East Aurora, NY. He led the recitation of the Pledge of Allegiance to the Flag. Chairman, Doug Crow states that all 6 members present at tonight’s meeting are voting members. Chairman, Doug Crow asks for a motion to approve the minutes from September 3rd, 2025 Tim Stroth makes a motion to approve the minutes from September 3rd, 2025 Second by Chris Contento Upon a vote being taken: Ayes- 6 Noes-0 Motion carried

ADMINISTRATIVE BUSINESS: a. South Town Working Group update: Tim Stroth In licu of the fall quarterly meeting, Erie County sponsored a training session with NYS Department of State. There were several people from East Aurora in attendance, including members of the Town and Village Boards. The next meeting is scheduled for January. Tim will forward the agenda to the Planning Board for anyone who may be interested in attending. It is typically a low-key dinner meeting. Meal checks are all separate with everyone paying for themselves. The highest attendance is from more rural towns. Erie County schedules informative and interesting speakers for the program. b. Comprehensive Plan Update: Angela Griffis in October we held a public workshop to review the current plan and future land use. Comments during the workshop were incorporated into the final draft plan and it was submitted to the county for final review and approval. Doug Crow added the proposed final draft is set to eliminate ODAs. The plan is to eventually amend the code, to remove ODAs from our code, OLD BUSINESS: None NEW BUSINESS: a. The Building Department has received a Site Plan application for 711 Knox Road, SBL: 163,00-3-23 as submitted by Fred Perez, representing World Mission Society Church of God, for a security booth, and to the continued use as a seminary and place of religious instruction. Fred Perez, representing World Mission Church of God, is here to request the construction of a security booth at the entrance of the property, and the continued use of the property as a seminary and place for religious instruction. Chairman, Doug Crow mentions that the original Site Plan has been revised. The alteration is to move the security booth to be parallel with the maintenance building to eliminate the need for a Variance. Tim Stroth asks ifthe plans for the security booth will include a gate arm and an extra pavement turn around. Fred Perez confirms there will be a gate arm. A paved turnaround will also be added.

Angela Griffis asks if there are plans for any additional lighting. Fred Perez states the are no plans for additional lighting, if not required. Tim Stoth ask CEO, Liz Cassidy for clarification on the Site Plan application, prior to making a motion. CEO, Liz Cassidy states, it would be a Site Plan approval pending additional information for the security booth and, for the continued use as a religious instruction and education center. Tim Stroth made a motion to the Planning Board to recommend to the Town Board to approve the continued use for religious instruction and the updated Site Plan application to show complete details for the security booth. Second by: Chairman, Doug Crow Upon a vote being taken: Ayes- 6 Noes- 0 Motion carried . The Building Department has received a Site Plan application for 1045 Davis Road, SBL: 199.01-1-18 as submitted by WNY West Falls Inc., known as The Corner Market. Chairman, Doug Crow states a Site Plan was approved 2 years ago, however the applicant was unable to start work on the project right away and it expired. The applicant returned in January of 2025, and it was approved again. Currently, they are looking to amend the current Site Plan. Varinder Gill, owner of WNY West Falls Inc. states the request to amend the current Site Plan would include replacement of the existing fuel pumps and canopy. Chairman, Doug Crow asks if it would be necessary to remediate the soil around the fuel tanks. Chuck Norris, Project & Safety Manager for WNY West Falls, Inc., states the present tanks are the property of Sunoco. They will be responsible for the removal and remediation of the tanks and site. They hire a third-party environment company that monitors and does all the sampling per the protocol of New York State DEC. Chairman, Doug Crow asks about the condition of the parking lot and striping.

Varinder Gill states upon completion of the project there will be all new paving and striping. Chuck Norris, indicated that the intention is to hopefully start in approximately two weeks following approval. The tentative time of completion would be mid-January. Angela Griffis asks about the height of canopy. Also, would there be any change in lighting. Chuck Norris, states the canopy height will be 14 feet. The lighting for the new canopy will be updated to LED. Tim Stroth asks where the underground drainage goes. Chuck Norris, that underground drainage will not be installed. All drainage will be above ground directed to existing drainage, which takes most of the drainage. Angela Griffis makes a motion to the Planning Board to recommend to the Town Board, to approve the amendment to the existing Site Plan to include the replacement of the existing canopy and fuel pumps as proposed at 1045 Davis Road. Second by: Chelsea Root Upon a vote being taken: Ayes- 6 Noes-0 Motion carried Concept Plan Review discussion for 1196 Big Tree Road, SBL: 165.00-1-28.21, as submitied by Peter Sorgi, agent for owner Carner Development Group, Inc. Rachel Krawjwewski introduces herself and provides the Planning Board with a brief description of her background and Carner Development Group’s desire to improve spaces in the town. Peter Sorgi is here representing the Carner Development Group. They are here before the Planning Board, looking for input regarding three possible options for the use of 1196 Big Tree Road. There will be no variances required. They are presently in the engineering process. The project site is zoned Rural Residential (first 300 feet) and Agricultural. All three options are allowed with Special Use Permit and Site Plan approval. No variances required.

Rachel Krawjewski provides and explains the three options. 1. Option 1: Glamp ground with wellness theme and accessory uses. A rustic lodge (main house), the existing spa will remain in use, and a common area. There will also be some seasonal cottages, and treehouse retreats. Guests would come here as a wellness hospitality retreat. Chelsea Root asks why the cottages are seasonal. Rachel Krawjewski states that due to the way the code is written, they can only be occupied six months out of the year. Chairman, Doug Crow asks about the common area. Rachel Krawjewski states it can be used as any accessory use as defined by state law. It can be used as a church, a conference area, and a wedding pavilion. All of which are approved uses. Tim Stroth inquires about size occupancy of the cottages. Rachel Krawjewski states typically two to four, depending on structure. Some go up to six. 2. Option 2: Campground with accessory uses. A traditional RV campground per Town Code with a SUP. They would be be preserving the main house as a camp lodge, creating 54 spaces for RVs, which have a maximum stay of 29 days. Chris Contento inquires if sites will have concrete pads Raschel Krawjewski confirms. Also, states the property has public water. Chairman, Doug Crow inquires about the main house. Rachel Krawjewski states there is a potential to convert into rental spaces. 3. Option 3: Five two- family dwelling rentals Rachel Krawjewski states with this option the main building would not be kept in its current capacity. There would be 5 separate, two family homes. They would be

income based rentals. Chairman, Doug Crow asks the Planning Board for their feedback of the three options. Chelsea Root is more in favor of option one or two. Saving the existing structures. Giving people a desirable destination to come to. Ben Garvey asks for provisions for emergency services to the furthest trechouse structures. Rachel Krawjewski states they would be ADA compliant. Ben Garvey has a preference to the first option due to the intention of utilizing the existing structures and the preservation of the natural land. Chairman, Doug Crow states he finds option one to be the most desirable use of the buildings. It is a less intrusive use than an RV park, which would have to clear multiple trees to create sites. Chelsea Root asks about the occupancy potential of option two. Rachel Krawjewski states other surrounding RV parks are full. If this property had room for one hundred sites, it would be full. Chris Contento favors option one. Thinks it would benefit the community in many ways, especially when there are weekend events. There is always a need for accommodations. Angela Griffis agrees with option one for many of the same previously mentioned reasons. Rachel Krawjewski reiterates that the wellness hospitality would offer the availability of massage, nature trails, to name a couple of things. Ben Garvey asks if there will be a pool. Rachel Krawjewski states there is already a pool on the property. Chairman, Doug Crow, asks if there are anymore questions. No response. He concludes the discussion.

Chris Contento inquires, other than tax revenue, how do large solar farms benefit. Angela Griffis states with the increase, there are tax benefits. Chelsea Root states that it is presently a concept she needs to wrap her head around it, to understand the topic more. Chairman, Doug Crow states he will speak with Supervisor, Chuck Snyder and share some of the thoughts and discussion from the Planning Board. CORRESPONDENCES: Erie County Housing Summit training on 11/14/25 via email PUBLIC COMMENTS: none Tim Stroth makes a motion to adjourn at 8:57 pm Seconded by: Chairman, Doug Crow Upon a vote being taken: Ayes-6 Noes-0 Motion carried THE NEXT SCHEDULED MEETING WILL BE. WEDNESDAY DECEMBER 3RD, AT 7:00 P.M. AT THE TOWN HALL, 575 OAKWOOD AVENUE, EAST AURORA, NEW YORK

TOWN OF AURORA ae 575 OAKWOOD AVENUE, EAST AURORA, NY 14052 BUILDING DEPARTMENT (716) 652-7591, MEMO pe . TO: Supervisor Snyder and Town Board Menabers - FROM: Elizabeth Cassidy, Code Enforcement Officer DATE; February 20, 2026 -_~/ ‘he Building Depettment hns-ncoepted Special Use Petinit (SUB) and Sito Pia ippioats "12 1196 Big Tree Rd (Hast Main nisifitig address) from Rachel Krajewdk; el. . Group,owner.of the property. he request is to operate a odmpg Othiges, trschouseyya lodge, and convert the existing residéricey into administration building, mo eet : Town Cade requires the Town Board refer the applications to the Plaaning Board for their ~ teview and recommendation, The application shail alsobe referred fo the Erle County Planning ~Depariment and DOT as -per GML 239-m, After recelvirig the Planning Rodrd recorimiendation “the Towa Board shall schedule a public hearing. A SEQR detertninationis required priortoa . Town Board decision on the applications. . os om i " ..2 . «Both applicat are ions Unlisted actions for purposes of SEQRA. * - a Please contact me if you have any questions. liz.

Town of Aurora | Town Board Meeting | February 23, 2026 A meeting of the Town Board of the Town of Aurora took place on Monday, February 23, 2026, beginning at 6:30 PM. The Board met in-person at the Aurora Municipal Center, 575 Oakwood Avenue, East Aurora, New York. The meeting was streamed via YouTube, Present: Joseph McCann Councilmember Raymond M. Wrazen Councilmember Jessica Armbrust Councilmember Luke Wochensky Councilmember Charles D, Snyder Supervisor Others Present: Brigid Maloney Town Attorney Rich Miga Assistant Code Enforcement Officer Paul Ernst Zoning Board Chairman Rod Simeone Zoning Board Member Douglas Crow Planning Board Chairman Patrick Welch Chief of Police Gene Majchrzak WNY Regional Coordinator for Senator Pat Gallivan Supervisor Snyder opened the meeting at 6:30 PM with the recitation of the Pledge of Allegiance to the Flag. Afterwards, he introduced an audience member Gene Majchrzak, WNY Regional Coordinator, a representative of Senator Pat Gallivan's. Mr. Majchrzak greeted the room and offered up an opportunity for questions before or after the meeting. Supervisor Snyder then moved on to the consent agenda Items. Councilmember McCann moved to approve the Consent Agenda Action #57 consisting of the February 9, 2026 town board meeting minutes and the rl February 23, 2026 - 2025 Encumbered Abstract of Claims, voucher 1919, to be 2/23/26 enc paid from the following funds: abstracts aprvd General Fund $ 4,686.54 Special Districts $ 277 52 Grand Total Abstract $ 4,964.06 And the February 23, 2026 Abstract of Claims, vouchers 126 fo 177, to be paid from the following funds: General Fund $ 46,373.76 Part Town Fund $ 1,918,596.00 Highway Part Town Fund $ $0,754.11 Village Bridge Repairs $ 2,893.50 Special Districts $ 590,078.81 Trust & Agency $ 644,409.02 Grand Total Abstract $ 3,253,105.20 Councilmember Wochensky seconded the motion. Upon a vote being taken: ayes ~ five, noes — none. Motion carried, AUDIENCE |: none UNFINISHED BUSINESS: Councilmember Armbrust moved to set 6:30 PM on Monday, March 9, uanicid 2026 at the Aurora Municipal Center, 575 Oakwood Avenue, East Aurora, as Hearing date 359 the new time, date and place for a public hearing on a site plan and special Quaker 3/7 apyd use permit applications for 359 Quaker Road. Councilmember Wrazen seconded the motion. Upon a vote being faken: ayes — five, noes ~ none. Motion carried. Councilmember Wrazen seconded the motion. Upon a vote being taken: ayes— five, noes — none. Motion carried. Councilmember Wochensky moved to set 6:30 PM on Monday, March cane 9, 2026 at the Aurora Municipal Center, 575 Oakwood Avenue, East Aurora, as Hearing date LE1- the new time, date and place for a public hearing on a proposed Local Law 2026 Dog Contral to increase the Highway Superintendent salary. Councilmember McCann 3/9 apy seconded the motion. Upon a vote being taken: ayes — five, noes— none. Motion carried.

Town of Aurora | Town Board Meeting | February 23, 2026 Councilmember Wrazen moved to approve payments with funds Action #60 disbursed from budget tine H7 5120.210 to Azar Design company for Azar Pymis for culverts apryd professional services: Pymt # Amount Project Dates 24 $2136.36 Church St culvert 1/1-1/30/26 24 $ 757.14 E. Fillmore Ave culvert 1/1-1/30/26 Councilmember Armbrust seconded the motion. Upon a vote being taken: ayes -~ five, noes — none. Motion cairied. Councilmember McCann moved to adopt the following resolution; Actlon #61 seconded by Councilmember Wochensky: 50 Center Ridge SEQR negative RESOLVED that the Town Board of the Town of Aurora declares itself as an declaration interested agency with regard to SEQR for the Site Plan application for solar panel installation at 50 Center Ridge Road; and further RESOLVED that after considering the action stated herein, reviewing the criteria contained in Secfion 617.11 of the Rules and Regulations of the State Environmental Quality Review Act, determines that the action is an Unlisted action; and further RESOLVED that the Town Board of the Town of Aurora has determined that this Unlisted action will result in no significant adverse impacts on the environment, and therefore, an environmental impact statement need not be prepared; and further RESOLVED that a negative declaration is issued with regard to the Site Plan for solar panel installation at 50 Center Ridge Road, East Aurora, NY. Upon a vote being taken: ayes ~ five, noes — none. Motion carried. Action #62 Councilmember Armbrust moved fo adopt the following resolution: 50 Center Ridge seconded by Councilmember Wrazen: site plan aprvd WHEREAS, Empire Solar Solutions, LLC on behalf of Thomas Miller, owner, has submitted ai Site Plan Review Application for solar panel instalation at §0 Center Ridge Road East Aurora NY; and WHEREAS, at their February 23, 2026 meeting the Aurora Town Planning Board recommended approval of the site plan; and WHEREAS, the Code Enforcement Officer determined this to be an unlisted action under SEQRA and the Town Board found that the project will not result in any significant adverse environmental impacts. Now, therefore, be it RESOLVED that the Site Plan for 80 Center Ridge Road, East Aurora, NY, consisting of solar panel installation is approved by the Town Board. Councilmember Wochensky moved to set 6:30 PM on Monday, March 9, Action #63 Public Hearing 2026 at the Aurora Municipal Center, 575 Oakwood Avenue, East Aurora, as date 600 Olean Rd the time, date and place for a public hearing on a site plan application for 3/9 apyd 600 Olean Road, Councilmember McCann seconded the motion. Upon a vote being taken: ayes - five, noes ~ none. Motion carried. Councilmember Wrazen moved to authorize the Supervisor to sign an Out Action #64 of District Water Customer Agreement for 8815 Falls Road, PO West Falls, in the Supv auth fo sign Town of Colden (SBL#213.00-4-5,112). The current property owner is Nathan OOD water agrmt with owners of 8815 Kalwicki, Councilmember Armbrust seconded the motion, Upon a vote being Falls Rd (Colden} taken: ayes — five, noes — none, Motion carried, aeaKE NEW BUSINESS: Action #65 Councilmember McCann moved on a motion to approve budget 2025 budget transfers and amendments for 2025 year end. Councilmember Wochensky Ireinsfers & seconded the motion. Upon a vote being taken: ayes ~ five, noes — none. amendments Motion carried. aprvd Actlon #66 Councilmember Armbrust moved to approve appointment of new Zoning New ZBA member Board of Appeals member David Murray. Councilmember Wrazen seconded appointment aprvd 2/23- the motion, Upon a vote being taken: ayes ~ five, noes — none. Motion carried. 12/31/26

Town of Aurora | Town Board Meeting | February 23, 2026 Councilmember Wochensky moved to authorize the addition of Deputy Action #67 Town Clerk : Stephanie Meyer as an authorized agent * on the Towna Clerk 5.authMeyer added as agent on checking account af the Bank of Holland, a designated depository for the Town Clerk Bank of Town of Aurora, Councilmember McCann seconded the motion. Upon a vote Holland account being taken: ayes — five, noes ~ none. Motion carried. + . A . Action #68 Councilmember Wrazen moved to refer the Special Use Permit and Site 1196 Big Tree site Plan Review from Rachel Krajrewski of Carner Development Group at 1196 Big plan & SUP referred Tree Road, East Aurora, NY to operate ad campground, and construct seasonal to Planning Brd cottages, ireehouses, a lodge and convert existing residences into sleeping tooms and an administration building to the Planning Board for review and recommendation (s}. Councilmember Armbrust seconded the motion, Upen a vote being taken: ayes — five, noes~ none, Motion carried. COMMUNICATIONS and REPORTS: A. Building Permits Report - Jan ‘26 D. Supervisor Report - Jan ‘26 B. Calls & Complaints Report ~ Jan '26 E. Police Department Report - Jan '26 ¢. Dog Control Report ~ Jan ‘26 BUSINESS FROM BOARD MEMBERS/LIAISONS: Councilmember Wrazen shared that he attended the Planning Board meeting that focused on review of the 2025 Comprehensive Plan that helped him formalize a communication that will outline some next steps that include forming an oversight implementation committee as well as conducting a zoning and audit reconciliation that will compare the future land use plan to zoning. Planning Board Chairman Crow added that an implementation recommendation summary will be provided to the board the week of February 23, 2026. Councilmember Wrazen added that he will confer with a colleague who has participated in aq Comprehensive Plan rollout for further rollout ideas, In closing, he stated he'd connect with the grant writer Robbyn to see if there is any funding available for launching a Comprehensive Plan, Councilmember Armbrust also partook in the Planning Board meeting and expressed her appreciation of the dedication and thoughtfulness of the board while they reviewed the Comprehensive Plan. She also attended her first Sewer District meeting with Councilmember Wrazen where she leamed of an upcoming project to change the existing sand filters to cloth, which can be replaced for water palishing. Tours of the facility will be offered when the weather improves. Councilmember Wochensky talked about the change of date for the Climate Smart Task Force meeting which was rescheduled to Wednesday February 25, 2026, He asked for participation especially in light of a planning meeting that will guide what the committee will do through the end of the year as they seek Silver Certification. Councimember asked about the meeting time stating there may be some confusion on the website. Councilmember Wochensky said he would look into that. Councilmember McCann was accepted to attend the Utica Environmental Consortium in June. He will participate in the Oneida Herkimer Solid Waste Authority Food fo Energy Educational Program. Additionally he mentioned attending the latest Zoning Board of Appeals meeting noting It was well run, Supervisor Snyder shared that he and Councilmember Wrazen met with Waste Management to discuss the roll out of bins in fhe town with a new start date of September 1, 2026 committing to a well-constructed communication plan for residents, He also met with a representative from GoNetspeed to help to provide internet in the gap sections of Willardshire and Knox Roads, Councilmember Wochensky added that one of the service Issues is the private road. AUDIENCE Ii: none STAFF REPORTS: Police Chief Welch said three new pari-time dispatchers have been hired. He's also asked the Village to approve hiring a new full-time police officer who would be a laterat transfer from Rochester. The department Is applying for funding from Senator Charles Schumer's for a federal cops grant. Chief Welch has been sourcing some reasonably priced used office furniture to update the department. He has also repurposed one of the former police chief offices io serve as a conference/briefing room which means the entire first floor is now useable space, Planning Board Chairman Crow mentioned the Planning Board meeting held the week prior in review of the 2025 Comprehensive Plan and the forthcoming memo with recommendations about priorities and implementation indicated that he's been traveling and was unable to attend some meetings. He’s looking forward to the February Planning Board meeting where they will discuss the Comprehensive Plan and a few other referred projects.

Town of Aurora | Town Board Meeting | February 23, 2026 Zoning Board of Appeals {(ZBA} Member Rod Simeone thanked the board for considering applicants with technical experience and is pleased with the appointee. Councilmember McCann moved to adjourn at 7:51 PM. Seconded by Action #69 Councilmember Wrazen. Upon a voie being taken: ayes ~ five, noes ~ none. Mier oad Motion carted. Jeanne H. Viger Town Clerk

MINUTES OF A MEETING AS HELD BY THE TOWN OF AURORA PLANNING & CONSERVATION BOARD March 4", 2026 Members Present: Chairman Doug Crow Norm Merriman Chris Contento Tim Stroth Alternate Member: Ben Garvey Absent/ Excused: — Chris Contento Laurie Katina Angela Griffis Chelsea Root William Heidt Also Present: Peter Sorgi, Hopkins, Sorgi & McCarthy, PLLC Danielle Johnson, Crafted Concepts Daniel LaPietra, Carmina Wood Design Rich Miga, Assistant Code Enforcement Officer Chairman Doug Crow presided over the meeting, which began at 7:00 p.m. at the Town Hall, 575 Oakwood Avenue, East Aurora, NY. He led the recitation of the Pledge of Allegiance to the Flag. ADMINISTRATIVE BUSINESS: Chairman Doug Crow asked the board if anyone would like to make a motion on the minutes from last month. Tim Stroth made a motion to approve the February 4". 2026, meeting minutes. Second by Ben Garvey Upon a vote being taken: Ayes- 5 Noes- 0 Motion carried Chairman Doug Crow stated that there are five (5) voting members present, and all were voting members. With a possible sixth member, but the member is running late, and as long as four members vote in favor, it will pass.

Chairman Doug Crow stated that the following application on the agenda is large and would like to split it out to ensure that people who want to speak can be heard. He noted the Planning Board is a recommendation board, and the Town Board will make the final decision after a public hearing. NEW BUSINESS: The Town Board made a referral to the Planning Board for the review and recommendation of a Site Plan and Special Use permit applications for 1196 Big Tree Road SBL# 165.00-1-28.21, as submitted by Carner Development Group Incorporated. The application is for thé redevelopment of the present site for a campground with a wellness theme and customarily incidental accessory-use structures. Chairman Doug Crow asked for an introduction of the applicant and a brief.description of the project. Peter Sorgi, protect attorney, from Hopkins, Sorgi & McCarthy, PLLC. Daniel LaPietra, project civil engineer, from Carmina Wood:Design, Danielle Johnson, project architect, from Crafted Concepts. Peter Sorgi stated that they are here for the board’s review-of their Site Plan and Special Use permit applications. This is under the definition of your zoning code, as a campground. Carner Development has two other campgrounds in western New York State, one on Seneca Lake and one on Heritage Lake. They also have other hospitality-oriented developments at Canisius Lake in-Ellicottville and then of course The Bank and The Liberty buildings in East Aurora; The property itself is eighty-three acres. Peter Sorgi then moved to the presentation boards and described the property with ariel renderings. He spoke of the conservation casement that will not be developed and the walking paths that are existing. Chairman Doug Crow asked if there has been in contact with the people associated to the conversation easement? Peter Sorgi replied, yes, and the group is the Genesee Valley Land Conservancy. He also noted that Rachael is not here tonight for a personal reason. Peter Sorgi went on to say that existing main house is going to be renovated. They are working with New York State Historic Preservation on that because it is historic property. There wil! be no additions, but they will be improved in terms of general maintenance, windows, and roofing. The main building will be converted into seven sleeping quarters as well as being the administrative space for the property. There is an existing house behind this building that is called the farmhouse, that is proposed to be converted into two additional sleeping quarters. Peter Sorgi then recited the definition of campground from the Town’s Zoning code and stated that they are proposing seven seasonal cottages and two tree houses. These seasonal structures are similar to the ones they have in the Town of Torre and Seneca Lake. These projects can be found on Carner website. He went on to

describe one existing building that will be used as a wellness center, as they consider this project as more of an upscale campground, and another building that will be new construction that will be a lodge. Chairman Doug Crow stated he saw the lodge was 2,400 square feet, but how big is the existing building that will be the wellness center? Danielle Johnson replied that she does not know off hand. Peter Sorgi stated that the main house would be greater as it has multiple floors. Peter Sorgi went on to describe the submitted documents to include the SWPPPS and all the engineering and architectural plans needed for this submission and review. He noted that they will have to look at and may need to widen the access lanes for fire safety access. This would be fleshed out during the SEQR. process and with the fire company comments with the Town Board. Chairman Doug Crow agreed and noted hard packed lanes. Daniel LaPietra also noted that the fire access width would need to be 20 feet and there will be a need for turnarounds in a few spots. Peter Sorgi continued to state that they are looking to only impact an acre of land, and the big picture is to help preserve the historical property. Like the Knox estate, it’s not ideal for a single-family home as it would cost too much to maintain, repair, and manage the slate roof. This property is very unique and the Town is luckily that the zoning code allows for this type of use. Chairman Doug Crow noted he found the square footage of 3,400 square feet for the wellness center in the parking calculations. Chairman Doug Crow asked whether the parking calculations are required for each use even though the accessory uses are used by the occupants for the sleeping units, is that correct? Peter Sorgi replied that you must look at the situation and determine what the parking is going to be. He went on to describe a scenario in the Village. Asst. CEO Richard Miga interjected that parking will be calculated based on the intent use of the structure and then what the zoning code table establishes for that use. This can be by square footage or by spaces per guestroom. Peter Sorgi stated that he thought the Town code may allow the Town Board to waive those types of requirements. Chairman Doug Crow replied that would be a variance requirement. Asst. CEO Richard Miga concurred with that statement.

Peter Sorgi stated they will comply without variance. Chairman Doug Crow inquired about the SHPO. Peter Sorgi stated that SHPO signed off on the archaeological, and that they are working with them on the basic maintenance improvements. Chairman Doug Crow requested clarification that this property is eligible for historic but is not historical yet. Peter Sorgi confirmed it is eligible and they hired Clinton Brown to help facilitate this. Chairman Doug Crow asked Asst. CEO as to whether fire hydrant(s) will be required. Asst. CEO Richard Miga stated that would depend on the specific requirements of each structure and whether fire protection system is required. These units would bé considered transient units. That is a hotel and motel, and those aspects may incur having a sprinkler system, but-we would have to go through a code analysis. Peter Sorgi noted that DEC issued permits for campgrounds and they will have their own set of requirements. Chairman Doug Crow asked the board if they had-any questions. Chris Contento asked whether there is an intent for RV spots. Peter Sorgi said no. Tim Stroth asked whether the main house will be seasonal ér-not. Peter Sorgi responded that the main house will be year-round and the cottages and treehouses as seasonal. He then recited the campground definition. Tim Stroth questioned whether the main house was in the Rural Residential (RR) or the Agriculture (Ag) zoning district. Peter Sorgi noted that the zoning district line goes right through the building and the building is mostly in the Ag district. He stated he has a discussion regarding this with Ms. Cassidy of the Building Department. Tim Stroth asked if that is an official interpretation from the building department regarding the main building being considered in the Ag district? Asst. CEO Richard Miga confirmed that Liz’s interpretation is the interpretation of our office. Peter Sorgi noted that the board having the application in front of you is the Building Department’s approval of the application.

Tim Stroth inquired about the reference to a hotel earlier in the meeting. Peter Sorgi stated that this came from the Assist CEO and regarding the parking calculations as campground does not have defined criteria in the parking table. Tim Stroth asked for a description of the lodge. Peter Sorgi replied that the lodge was going to be used for activities at the campground. They are also looking to keep the existing pool and repurpose the existing tennis courts into a recreational surface. Tim Stroth asked if the lodge would have tables and chairs or for standing rooms, or both and what will be the occupancy? Multiple people talking. Peter Sorgi stated that the space will be used for a variety of things, but it is not defined. Danielle Johnson noted that the owner shoes the style of the lodge based on the previous greenhouse that was on the property. She stated that the greenhouse is gone but the pad remains. Tim Stroth inquired about a traffic study by Passaro Associate that was done under the previous application and whether they concluded that there wouldn’t be any impact? Peter Sorgi said that is correct and it was based on it on a New York State highway and the size of 20A. Tim Stroth asked if the board could get a copy of that report. Peter Sorgi said they can provide, but it was apart of the use variance application. They wil! need to adjust it based on the uses of the current plan. Chairman Doug Crow open the floor to public comments. The chairman noted that this is not a public hearing and a public hearing will be schedule by the Town Board. Taylor Quinn of 1224 Big Tree Road voiced her family’s opposition to this project that is described as a campground with a wellness theme and customary incidental accessory-uses because it seems to be a repackaging with different terminology of what was previously proposed in the commercial rezoning application that was denied. Ms. Quinn brought up numerous questions regarding parking, a campground verses a resort, wedding events, and public notification of this meeting. Megan Quinn of 1224 Big Tree Road spoke regarding the short environmental assessment form (SEAF) noting the proposed action was permitted under zoning and consistent with the existing building and landscape, but this proposal suggests otherwise. She requested that the traffic study be made available and verified with NYSDOT, as the SEAF indicated no impact. She raised concern over stormwater and the change in the rural

character of the area, She and her family are opposed to the application and asked the board to look at the long- term effects of this application. Rod Simeon of 85 Byeberry Court raised concerns regarding the zoning of the lot and the districts of RR and Ag, as it pertains to the definition of a campground. He asked whether campground and camp are one of the same. Chairman Doug Crow replied that the board’s understanding is that the camp/campground is based on the agriculture zoning district on the lot and the wellness site is apart of the accessory-use of the camp/campground > and that camp/campground in the agriculture zoning district are synonymous. Asst. CEO Richard Miga interjected in agreement with the Chairman’s reply. Rod Simeon states that under Rural Residential section 116-8.4A(6), the wellness center is not permitted use based on the application exceeding the allowable limit for employees. Chairman Doug Crow replied that the board’s understanding is that the application is considered under the agriculture (116-8.5) for the proposed application to include the main building where the building is in both the RR and Ag districts. Peter Sorgi responded that their intent and interpretation is that this application is solely in the Ag district and the aspects of permitted use under RR are not applicable. Rod Simeon then questioned how the wellness center is to be defined, if it is not seasonal and exceeding the permitted allotment of employees. Peter Sorgi responded, by reiterating that the application was compliance with the code because the application is presented to the board for review, and the wellness center is considered in the Ag district and customary incidental accessory-use(s). Rod Simeon then stated that the board during their deliberation that they should seek Town’s council before voting. Courtney, of 1289 Main Street (Big ‘Tree Road) stated that she seconds the points that were made in the public comments and is concerned that this application is a play on words, and that a year-round camping facility that is within a house is not considered a hotel. Dan Quinn of 1224 Big Tree Road stated concerns of the intent of this large financial investment being achievable as a campground if other things not clearly defined in the application are sought to get a return on the investment. He then stated an example of the closest campground, Three-Valley Campground in Holland, that is 460 acres as a comparison. Chairman Doug Crow asks in closing the public comment asked if Peter Sorgi has any closing comments.

Peter Sorgi responded, by reiterating that the application was compliance with the code and not a play on words. He also clarified the public comment that indicated the previous application was for a use variance that was denied and not a rezoning application. He also stated that they did their due diligence with the application, SWPPP, stormwater, and septic, In closing he stated that if the application did not meet the code, it should be denied, otherwise a recommended approval should be rendered, and the Town attorney does not have legal authority to interpret the code, that is the position of the Code Enforcement Officer, and the application is before you so we are past that. Tim Stroth made a point of clarification that there was a rezoning application request from last June 4th that the board reviewed. Peter Sorgi agreed, and that it was withdrawn and not denied. Tim Stroth questioned whether item 18 on the site plan checklist was completed as members of the audience were not notified. Asst. CEO Richard Miga responded that public hearing notification with be through the Town Clerks office once scheduled and our office will work with the Town Clerk with that. Tim Stroth reiterated the aspect of the application regarding the zoning districts and then questioned the year- round and seasonal uses of the customary accessory uses and structures as being a camp use. Peter Sorgi responded that some are year-round and some will be seasonal, and the code allows for year-round campground, He stated that there will be nine sleeping units that will be year-round and nine that wil! be seasonal. He noted that they all could be year-round if they decide to winterize the seasonal units. He stated as well that the conservation casement does allow certain things like cross country skiing and walking paths, which is encourage, so people can enjoy the beautiful area. Tim Stoth asked for clarification that there will be no impact to the conservation easement. Peter Sorgi responded that they will not violate the law and will not impact on the conservation easement as there would be fines involved. Norm Merriman asked if the wellness center will only be for the campers or will it at some point be open to people outside of the campground? Peter Sorgi responded that he believes it will be for the campers, but he does not really know the answer to that. It is not intended to be a standalone entity. Chairman Doug Crow states that they should move to discussion among the board. Tim Stroth asked Asst. CEO if there are any existing variances on the property?

Asst. CEO Richard Miga responded that there is a variance #1293 for professional practice in an accessory building on the premises. Chairman Doug Crow asked whether the variance expired with the change in ownership? Asst. CEO Richard Miga responded that the variance stays with the property unless the owner relinquishes it to the Town’s Zoning Board of Appeals. Tim Stroth asked if we received any feedback from the Town engineer: Asst, CEO Richard Miga responded that at this time we have not: We also have not received feedback from Erie County about the SEQR application that was submitted around February 18%, 2026. ‘Tim Stroth stated that the board received an email regarding this application, should the board interpret whether the points raised are valid? : Asst. CEO Richard Miga stated that email is no different than a.person from the public coming up and speaking to you tonight. : Chairman Doug Crow asked the board if they had a chance to review the email. Board members confirmed they did. Chris Contento asked Asst. CEO whether the Zoning codé has a definition of a sleeping room/mit, and a hotel or a season cottage? Asst. CEO Richard:Miga responded no regarding the sleeping unit definition. Ben Garvey recited ‘the definition of’ hotel from the Zoning code. Asst. CEO Richard Miga stated that sleeping units are not defined and we would look at the state code for that. Ben Garvey recited the definition of a campground from the Zoning code. He then states that there is ambiguity between whether it is a sleeping uhit or a hotel dwelling unit, but if the main draw is to be able to provide access to property as a campground, he does not go to a hotel to hike. Peter Sorgi noted that the rule of law in the state and he quotes “zoning ordinance because they're in derogation of the common law and must be strictly construed against the municipality that seeks to enforce it and in favor of the property owner. He states that he does believe the definition of campground is not ambiguous because the definition states “quarters of any kind”. Ben Garvey resided that the board under the previous rezoning application that there were concerns of future use and spot zoning, but the application was withdrawn.

Chairman Doug Crow noted that he considered the plans well done and thought was put into the character of the community and stated that he has no problem with the nine units in the back of the campground, and to a point the spa and lodge, but does regarding the other nine units in a building that is in two zoning districts. He states his opinion that it is a sketch to consider half the units in a non-seasonal location and not in the Ag district. Tim Stroth stated that he does not fully understand the intent of the lodge but understands that there is a fine line between uses and the conceptual intent. The low-resolution picture looks like a greenhouse, but what does it include, We should infer use as we must for the Special Use permit. Considering this building, under the previous application it was proposed to be a wedding venue. Chairman Doug Crow asked member Tim if he thinks he is against the applications or if it should be tabled. Tim Stroth responded he did not know. Multiple people talking. Chairman Doug Crow asked member Ben for his thoughts. Ben Garvey stated he struggles as well with the non-seasonal units. He believes that it fits into the criteria of what is being requested, but there is a tough line between the RR and Ag because it goes through the building. Chairman Doug Crow asked member Chris for his thoughts. Chris Contento stated he has no problem with the seasonal cottages and the treehouses. It is a good use of open space. He asked Asst. CEO Rich Miga whether if his house was in the Ag district, could he consider his house a camp and rent out sleeping quarters? Asst. CEO Richard Miga responded that from your example, I would say no, it couldn't because it's a single- family dwelling. If you're going to change it and not live there and try to change it in a manner where you're going to make it an area of this application, then that interpretation could change. Chris Contento asked if he has a treehouse on his property and lived there, can that be called sleeping quarters and treated as such? Asst. CEO Richard Miga responded that the treehouse would be accessory to the primary building on the property, which is a single-family house, so no. Chris Contento asked if a Special Use permit was to be considered, would there be any restrictions on events or social gatherings. Chairman Doug Crow stated the board could add conditions.

Chris Contento stated in spirit of trying to please the project and the adjoining neighbors, concerns were brought about traffic, the outbuilding, noise, parking, and wastewater, if the Special Use permit were to be granted as submitted, are they having weddings with two hundred people? Peter Sorgi noted that the occupant load will be based on the square footage and it is common to have condition on an application. He stated that he customized the applications to the code, but there can be conditions. New York State law allows conditions, and the Code Enforcement Officer must enforce them. Could they have a wedding, yes, but it would have to be accessory, and in his vision, the people who would be hosting the event would have to be staying there. Cannot be a standalone thing. ‘ Chairman Doug Crow states that if for example that the sleeping units are being used by the family of the wedding, and hundred people show up, that would be accessory.to the use. Peter Sorgi noted that they reviewed a database of every: campground in NYS. and what accessory uses are allowed and events are common, but where it would go outside the scope of that is if it was rented out just for the event, then it would cease to be accessory. Chairman Doug Crow asked member Norm for his thoughts. Norm Merriman asked what is the risk if the Town engineer has not reviewed the application yet? Chairman Doug Crow replied that the building department has not submitted it to the Town engineer. Asst. CEO Richard Miga noted that the Town board will be reviewing a proposed fee for the Town engineer to review the SWPPP in the next Town board meeting. Norm Merriman asked whether the SHPO review ‘was complete. Chairman Doug Crow reiterated that they received a positive declaration and that there were no archaeological issues. Pending the sign-off with no objections and getting their tax credits. Norm Merriman stated it seems they respect the historical nature of the property and find the proposed applications as being harmless. Tim Stroth interjected that, can we restrict events like bands? Asst. CEO Richard Miga noted that they can add conditions to the special use permit for outdoor music, noise, etcetera, that you deem to be in consideration of the Town board's approval. Chairman Doug Crow asks for a motion. Tim Stroth asked if there are not four votes, then goes the application go down? Chairman Doug Crow responded that basically means our recommendation to the Town Board is that they do not approve it.

Peter Sorgi asked if the board was a seven-person board? Chairman Doug Crow and Tim Strouth both responded, yes. Peter Sorgi noted he thought there were alternates and not a seven-person board. Chairman Doug Crow and Tim Strouth both responded, seven member and two alternates. Peter Sorgi stated that they were fine tabling this. It’s a fair thing, but we would have to go through the whole presentation again, so whatever the board wants to do. Chairman Doug Crow stated that we can make a motion for or against, and if against, the Town Board can decide whether they want to pursue or ask us to reconsider. Which has happened so we can articulate why. Peter Sorgi asked where the 300 feet of the Rural Residential district started. Asst. CEO Richard Miga replied that the district starts after the right-of-way (ROW). The ROW width is half the street width and is measured from the centerline of the street. After that width, the three hundred feet begins. Chairman Doug Crow reiterated that the board should rule in favor ot against as they owe it to the applicant to try, but it appears to be a split. The other alternative is to table it. Norm Merriman stated that considering the property as it is now and has been for a while, let’s face it, it’s in decline, and believes it is a good way to use the property. It is harmless or nearly harmless to the whole community, and there seems to be a pledge that the property is going to be fixed up. Norm Merriman made a motion to the Planning Board to recommend to the Town Board to approve the Site Plan request as submitted for 1196 Big Tree Road SBL# 165.00-1-28.21 as presented by Sorgi & McCarthy, PLLC, for the redevelopment of the present site for a campground with a wellness theme and customarily incidental accessory-use structures. It would be a good additional to that portion of the Town and is pretty harmless. Ben Garvey amends the motion with the condition that the Building Department provide clarification that the main building is considered under the Agricultural zoning district for zoning ordinances and the rights there of, and not in the Rural Residential zoning district. Seconded by Ben Garvey Upon a vote being taken: Ayes- 3 Noes- 2 Motion denied.

Chairman Doug Crow stated the motion does not pass. The board could make a countermotion to recommend that they do not do it, but he does not believe that it will pass so it might be best suited to recommend this be tabled till our next meeting. We can move it to the Town Board and say we cannot make a decision, but they might not accept that and request that we try again with more people. Peter Sorgi asked with regard to the Special Use permit motion. Tim Stroth asked Asst. CEO Rich Miga, since the Site Plan did not pass, is there a need to go through the Special Use permit? Asst. CEO Richard Miga replied, yes. Norm Merriman made a motion to the Planning Board to recommend to the Town Board to approve the Special Use permit request as submitted for 1196 Big Tree Road SBL# 165.00-1-28.21 as presented by Sorgi & McCarthy, PLLC, for the redevelopment of the present site for a campground with a wellness theme and customarily incidental accessory-use structures. Seconded by Ben Garvey with the same condition previously stated for the site plan application. Upon a vote being taken Ayes- 3 Noes- 2 Motion denied. Chairman Doug Crow restated that after the motion, they did not have the needed four votes. The option to table the application is available, but this board is an advisory board, and the Town Board is the ultimate authority to schedule the public: hearing or decide to send the applications back to this board to review with more members to achieve the four-tiember threshold. Peter Sorgi responded that the Town Board would review this board’s findings and decide whether to proceed or send it back to this board? Chairman Doug Crow replied yes, and he has seen them do that. Peter Sorgi said Thank you very:much for your time. PUBLIC COMMENTS: None. OLD BUSINESS: Chairman Doug Crow stated that, with member Chelsea Root not being present in tonight’s meeting, the internal checklist she developed will not be reviewed and commented on tonight. Chairman Doug Crow made a motion to adjourn

Seconded by: Tim Stroth Upon a vote being taken: Ayes- 5 Noes- 0 Motion carried. Meeting adjourned at 8:48 pm The next meeting scheduled will be Wednesday, April 1st, 7:00 p.m. at the Town Hall, 575 Oakwood Avenue, East Aurora, New York

Town of Aurora | Working Session | March 17, 2026 The following members of the Aurora Town Board met on Wednesday, March 17, 2026 at 6:30 PM for the purpose of holding a work session. The Board met in-person at the Aurord Municipal Center, 575 Oakwood Avenue, East Aurora, New York. Present: Luke Wochensky Councilmember Jessica Armbrust Councilmember Raymond M. Wrazen Councilmember Joseph McCann Councilmember Charles D. Snyder Supervisor Others Present: David Gunner Highway Superintendent Elizabeth Cassidy Code Enforcement Officer Supervisor Snyder opened the session at 6:30 PM with the recitation of the Pledge of Allegiance to the Flag. 1) Second West Falls Hamlet Sign — Alan Davis: Mr. Davis, President of the Friends of Griffins Mills, requested support from the board for a second Welcome to Griffins Mills sign be installed at the east end of Griffins Mills. A check for $810 was provided by the Friends of Griffins Mills with an ask to use the beautification funds to cover the $1,000 difference to build it. This would also help draw attention to the nearby 35 MPH sign. The fown would install this sign as they did the first. The board supports this initiative and it will be added to the March 23, 2026 Town Board agenda for approval and acceptance of the check. 2) Door Security System Upgrade ~ Nick Fodero (wnynetWORKS): topic postponed 3) 1196 Big Tree Road Rachel Krajewski, owner of Carner Development Group and Peter Sorgi, her legal counsel, joined the board to discuss the aforementioned property which had been referred to the Planning Board on March 11. Mainly due to not meeting Planning Board quorum voting requirements, these Special Use Permit and Site Plan Review applications have come back before the board for further discussion. The proposal is for a campground at the Twin Elms property, about 86 acres, with most of the land ina conservation easement that will remain protected and undeveloped. The existing main house would become an administrative building, with additional lodging such as cabins and treehouses, plus a wellness center and a lodge for occasional events. Mr. Sorgi stated that the project fully complies with code and does not require variances. A major point of discussion was whether the proposal properly fits the town's zoning definition of a campground, and Mr. Sorgi strongly maintained that it does and that the code interpretation must be in the hands of the Code Enforcement Officer. Mr. Sorgi states and Ms. Krajewski affirms that due diligence in meeting town code is their priority. Board discussion focused less on the project design itself and more on process: whether ihe planning board’s role is to evaluate site plan and special use permit criteria only, or also weigh in on the zoning interpretation. Because the planning board was split and lacked enough votes for a recommendation, the applications will return to the Planning Board for further review with the goal of full quorum in order to meet required voting parameters before returning to the town board. 1

‘Town of Aurora | Working Session | March 17, 2026 “Unrelated to these applications, conversation ensued about an email phishing incident in which the Planning Board chairman was impersonated and requested sums of money for building fees. Code Enforcement Officer Elizabeth Cassidy reviewed the process for collecting monies, none of which is conducted via email, 4) Town of Aurora Salt Barn Informational Highway Superintendent David Gunner summarized a 2025 NYForward grant application for a new salt barn, a $607,555 project funded 75% by grant and 25% by town match. The Hybrid Building Solutions quote from last summer has increased about $10,000, which can go toward the match. He said the proposal needed to be signed within two weeks to meet the March 31 expiration date and hold the contractor's place. The town would pay upfront and be reimbursed through the grant. Code Enforcement Officer Cassidy said the site is fine, but the proposal must meet 2025 New York State code and still needs engineering and stamped plans, which could affect cost. The grant also includes a new brine facility quote, but not pipes or electrical. Superiniendent Gunner said the town would need to front about $60,000 in material costs to start, though the current building budget line has only $27,000. He also said delaying would not jeopardize the grant because the funding is already allocated through DEC. The board also discussed asphalt versus concrete, with Superintendent Gunner leaning toward asphalt. 5) June 6 Pride Event- AMC Parking Lot Use Councilmember McCann asked Highway Superintendent Gunner for his help blocking off the parking lot, also needs podium and the doors to the municipal center open for public bathroom use. **Notice of Executive Session** Supervisor Snyder stated the Town Board would be holding an executive session at the end of this working session on the topic of an ongoing litigation. 6) 2025 Town of Aurora Comprehensive Plan ~ Implementation Supervisor Snyder spoke up to acknowledge the positive feedback received during the Comprehensive Plan public hearing on February 23, 2026. He asked Comprehensive Plan Steering Committee Chair Councilmember Wrazen if he planned to respond to any of the comments from the hearing and offered to work together on it. Councilmember Wrazen partnered with a few other communities to collect best practices for ralling out the plan. The Planning Board previously identified some “low hanging fruit” to tackle first: activate an implementation team and upon adoption, conduct a zoning audit. Councilmember Wrazen plans to implement, measure, monitor and report progress back as the plan comes online. Supervisor Snyder brought up leaning on the Code Committee as a resource to help with writing the local law to incorporate the comprehensive plan 2

‘Town of Aurora | Working Session | March 17, 2026 into town code. Councilmember Wrazen concurred having had the same idea: formalize the committee, set recurring meetings and align goals. Councilmember Wochensky said it would be advisable to officially form that committee through board action. NYForward Grant Selection Committee Supervisor Snyder teed up a quick chat about his recommendations for the NYForward Grant Selection committee. In addition to himself, he suggested Councilmember Wochensky, Code Enforcement Officer Cassidy, Kathleen Moffatt, William Heidt, Meaghan Tent, Conor Schneider, Donna Schwarzewholzer and Adam Zaremski. This committee will propose how fo implement the funds awarded to the town. Invasive Hemlock Aphid Qwens Falls Councilmember Wrazen discussed the Hemlock Woolly Adelgid (HWA], an invasive, aphid-like insect which has been identified as a threat to the trees in the vicinity of Owens Falls Park. The Land Conservancy recently treated hemlocks at J.P. Nicely Park providing a 5-7 year stave off period. Councilmember Wrazen expressed the need to go fo the next level of treatment which introduces insects native to the Northwest US to eradicate the issue long term. He is in contact with the Land Conservancy about what needs to be done to advance matters proactively. Executive Session Supervisor Snyder made a motion to enter executive session to discuss an ongoing litigation at 7:49 PM, Councilmember Wochensky seconded. At 8:15 PM, Councilmember McCann moved to exit executive session and Councilmember Wrazen seconded the motion. The meeting adjourned at 8:16 PM. Jeanne H. Viger Town Clerk

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Please note that due to the large size of the survey drawings, which are not legible when scaled to fit 8.5x11 paper, hard copies are available for viewing in the Town Clerk’s Office M-F 8:30-4:30 PM. |