Southtowns Record

1196 BIG TREE ROAD PUBLIC HEARING

Government
Town of Aurora
Board
Town Board
Meeting
Jun 22, 2026
Kind
Notice
Topics
Zoning and land use, Water, sewer and drainage, Budget and taxes, Public safety, Roads and traffic, Parks and recreation, Audits and oversight

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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