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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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