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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