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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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).