298 ELLICOTT ROAD (full text)

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: March 10, 2026 The Building Department has accepted a revised Special Use Permit application for 298 Ellicott Rd by Neil Hopkins, principal, on behalf of RNH 298 LLC, owner. The property was previously approved for a campground SUP on 5/13/24 to allow no more than 4 RV sites, 16 tent sites with no swimming posted, water hose bibs labeled as “non-potable”, and year-round access for emergency vehicle maintained. The current request is to expand the campground operations for up to 8 events which consist of 4 days of camping for up to 400 people. This use is allowed in the C3 district as regulated in the C2 district which requires the Special Use Permit. A campground must comply with all Public Health laws, and the applicant has been referred to the Erie County Health Department to begin that process. I would recommend the Town Board make no decision without written response from ECHD. Per Town Code §116-42A the Town Board may take one of the following actions: (1) Take no action (2) Request the applicant modify the application nd resubmit (3) Request the applicant submit an application for site plan review to be made in tandem with this application (4) Refer the application for review to and recommendation by the Planning Board. If the Town Board refers the application to the Planning Board, then once their recommendation is received, a public hearing must be scheduled. A SEQR determination must be made prior to the Town Board’s decision. Due to proximity of the property to the municipal boundary and County highway, a referral to Erie County Department of Environment and Planning is required as per GML §239-m. This is an Unlisted Action for purposes of SEQRA. Please contact my office with any questions. Liz Cassidy

SPECIAL USE PERMIT APPLICATION FORM AND INSTRUCTIONS Please Read Carefully (Submit checklist with application) The Town of Aurora Town Board has the authority to issue special use permits in accordance with Town Code Chapter 116 Zoning. Application requirements: For review and approval of a Special Use Permit Application, the following items must be submitted to the Town Board: ® ae Completed Application Application Fee with check made payable to: “Town of Aurora” Owner Authorization form, if necessary. (If the applicant/petitioner is not the property owner o and the owner did not sign the application, an owner authorization form must be submitted.) : Narrative describing all activitie proposed for the site. ° Y _ Survey of the property ev Unk e “ _ Copy of property deed e af _ Site plan: A Site Plan and/or~Site-Plarn-appheation-may be required as part of the Special Use Permit Application. Please consult with the Building Department to determine if a Site Plan Review Application will be required. a @ / Environmental Assessment Form (EAF), with Part 1 completed and signed. (Short or Full EAF - Please visit http:/Awww.dec.ny.gov/permits/6191.html for EAF information and forms. If you have questions rt ae EAF hot to igs please contact the Building Department.) Vv dren DUS SVP M00 Agency Review: The Town as VA circu the Special Use Permit application packet to the following agencies for review and comment, as necessary: Town: Planning Board, Building Department, Highway Department, Town Attorney County: Department of Environment and Planning Fire: East Aurora FD or South Wales FD or West Falls FD Town Engineer Review: Special Use Permit applications may require review by the Town Engineer. If it is determined that such review is necessary, an escrow account will be required to defray the costs of this review. An estimate of the costs will be provided to the applicant and a check must be received prior to further consideration by the Town Board. Incomplete applications will not be accepted for review. Applications submitted by the deadline (14 days orior to the Town Board work session) will be placed on the agenda at the discretion of the Town Board.

Town of Aurora Town Board 300 Gleed Avenue, East Aurora, New York 14052 Special Use Permit Application Form l. PROJECT INFORMATION (Applicant/Petitioner): Business/Project Name: KH e. (Qe iN LES AGS LW Business/Project Address: AYS E//rcott (& SK dest FrellS NY G/7o _ Applicant Name: /Vei eae p (rims Mailing Address: PO ROK % Ciy WUes FC ERIUS State (VY zP/Y7G Phone 7/6 -863-3G3'2. Fax Email: NH eet! asOTW ace traci cem Interest in the property (ex: owner/purchaser/developer) ll. PROPERTY OWNER INFORMATION (If different than Applicant AND the Owner does not sign below, please submit and original, notarized “Owner Authorization” form - attached): Property Owner(s) Name(s) V-e. | Hoe ple ANN S lf a corporate, please name a responsible party/designated officer: Address FO Bax & Ciy west EWS State (NV 7 ZIP /S// 7 O Phone 246 -SG.3-SGS 2 Fax Email AV [tee Ritus GM feincalnecc ovr. lll. SPECIAL USE AND PROPERTY INFORMATION: Property Address SOO 1 Ellvcot'BR CUSes Falls wT /G(70 SBL# Describe Special Use requested (use additional pages if needed): Borde Laws wee Lend CLA wR ALAS “Tf l= [AL Property size in acres AO© Property Frontage in feet /67G Zoning District__4 Surrounding Zoning _—4 WOT ® ce Current Use of Property _Kec J Persorrnl Size of existing building(s): 4352 sf —_ Size of proposed building(s) B- sf Present/Prior tenant/use: Coece Len eS Parking spaces: Existing: 2S@ Proposed additional spaces: Total #:

Proposed water service: C1 +4 __ public private (well) n/a Is this existing Y/N Proposed sanitary sewer: public private (septic) n/a Is this existing (YN Hours of operation (if applicable): Day Monday | Tuesday | Wednesday Thursday | Friday | Saturday | Sunday By Appt. Vv i/ a i” Hours Peak hours: | Number of employees (if applicable): Full-time 4/ Part-time Seasonal Upon approval of this application, the applicant intends to apply for: (Check all that apply) a. Building Permit b. Sign Permit 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 form must be submitted — see pg. 4 ) BIA WA “Yo eM —— Signature of Applicant/Petitioner Robert Meili He plus Print name of Applicant/Petitioner State of New York; County of Erie On the (57 day ot Lignan in the year 7@2@ before me, the above individual appeared, personally Known to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same for the poses therein stated. SRN “ : / m, ny, f ceva Notary Public = ON ae . % > ! NOTARYPUBLIC . 3 A 3 = oe i ig 3 Notary stam he 5 RR ate OE (Notary P) Zo, OVvionded2? aid — oF vs “ly. “Apo%, 1“ aXy /teay Frat. O N EXP \ a SLT NTS Office Use Only: Date received: Receipt #: Application reviewed by:

RNH 298 LLC - Special Permit Narrative Special Permit Summary: RNH 298 LLC is requesting Special Use Permit approval to host multi-day events at 298 Ellicott Road, West Falls, NY 14170. The repaired infrastructure from Alpine Recreation Center is sufficient to support camping and events. Parcel Details: Size: +200 acres Zoning: C3 Access: (2x) 298 Ellicott Road West Falls, NY 14170; (1x) 145 Ellicott Road West Falls, NY 14170; (1x) 8001 Ellicott Road West Falls, NY 14170 Ownership: Neil Hopkins Background: The parcel at 298 Ellicott Rd West Falls, NY 14170 was the location of the Jewettville Brickyard sometime in the early 1900’s. Well after the Jewettville Brickyard closed the property became Alpine Recreation Center. The Alpine Recreation Center existed from the 1960’s to the 1980’s. The recreation center contained camp sites, cross-country skiing trails, general hiking trails, several playgrounds and a large quarry. The parcel has been privately owned since the closure of the recreation center. We currently own the adjacent business and property (Twinco) at 145 Ellicott Road West Falls, NY 14170. Twinco has been in business since 1969. We took interest in the 298 Ellicott Rd property when it was posted for sale in 2017. After roughly 1 year of negotiations, we purchased the property in 2019. Since that time, significant investment has been made to repair and restore existing buildings, internal roadways, parking areas, and grounds, allowing the property to once — again support recreational use in a controlled and responsible manner. Current Condition: The parcel is currently used for both personal and recreation activities. Corrective maintenance was performed on the 25-acre section where the proposed activity will occur by a team of 3 seasonal workers and other contractors. The property has an existing public water supply. The current blacktop parking area has capacity for roughly 30 vehicles. There is a large open field that can be used for additional parking if required. Access: There are 4 access points to the 298 Ellicott Rd West Falls, NY 14170 parcel. - Primary blacktop access at 298 Ellicott Rd West Falls, NY 14170

- Secondary stone access road on the east end of the 298 Ellicott Road West Falls, NY 14170 parcel - $tone access road on the west side of the 298 Ellicott Road West Falls, NY 14170 parcel via 8001 Ellicott Road West Falls, NY 14170 - Blacktop/stone access road on the east side of the 298 Ellicott Road West Falls, NY 14170 parcel via 145 Ellicott Road West Falls, NY 14170 Proposed Activity: This permit will be used to host multi-day events with overnight camping. The multi-day events and overnight camping will be limited to approximately 25 acres of the 200-acre parcel. The remaining acreage will remain undeveloped and available for passive recreation, such as hiking. Public water is available on-site via several hose bibs and will be clearly labeled as potable. Campers will have access to existing restrooms and shower facilities, which have been renovated and are actively maintained. To accommodate larger groups and organized events, temporary or modular restroom and shower units may be provided as needed and serviced by licensed vendors. The organized multi-day events will be subject to the following limitations: no more than eight organized multi-day events per year, each not to exceed four days in duration, with a maximum attendance of 400 people per event. An example of a multi-day event would be a remote tent site for events such as Borderland and other local events that attract larger crowds. Fires will be permitted only in designated fire rings or approved self-contained fire pits and will be subject to all applicable fire codes and regulations. Fire lanes and emergency access routes will be maintained at all times. On-site dumpsters will be provided for solid waste and recycling, with dumpster capacity increased as necessary during organized events. The owner or manager will be on-site during organized events and peak usage periods, with a 24-hour security presence provided during organized multi-day events. This operational oversight will ensure compliance with permit conditions, noise limitations, safety requirements, and emergency response needs. Swimming or water-based recreation in the quarry is strictly prohibited. Appropriate signage will be maintained to enforce this restriction. No new permanent buildings are proposed as part of this application. The proposed increase in camping capacity and the limited number of organized events is not expected to result in significant traffic impacts. The property is served by multiple existing access points and internal circulation routes. Parking will be accommodated on-site and managed during events to maintain safe access and emergency response capability. Based on the limited scope of development, reuse of existing infrastructure, historical precedent for recreational use, and the operational controls proposed, the project will not result in significant adverse environmental impacts.

5/13/2024 Town Board meeting A Page 4 ACKNOWLEDGEMENT: the undersigned as applicant for this Special Use Permit for an event center at 298 Ellicott Road, PO West Falls, NY, does hereby acknowledge receipt of a copy of this Special Use Permit, agrees, andgaccepts the provisions herein. The applicant further acknowledges that a violation or breach of any covertants, provisions or conditions of this Special Use Permit will result in suspension or revocation of this Sp§cial Use Permit. The undersigned agrees to all terms and provisions of this Special Use Permit as herein s gted or as hereafter may be amended. ‘ SPECIAL USE PERMIT - SPECIAL CONDITIONS x 298 Ellicott Road, PO West Falls, NY 1. USE: Event Center ‘% 2. SIGN(S): Shall be in aceyADyrdance with Section 116.34 of the Town (fae of the Town of Aurora. PARKING: Sufficient aries ‘hie be provided for event attendgy ‘ fond employees of the Gs establishment. . A. EVENTS: \ g a. Events will be held on the 25--aby re maintained portiog of the property. b. No more than 200 people per eves at. 7 c. Events will end no later than 11:00 Qn. vA 5. OTHER CONDITIONS: * f a. The existing four (4) entrances to thenpipPy ‘ty will remain open during events. b. Year-round access for emergency veighfes i Aeauired when events are being held. c. Complaints brought to the Town repfording the’ ase of this property for the activities associated with the bust hess will be browght to the Code Enforcement Officer and, if ngcessary, be brought o the Town Board for Action #173 further action. The Town of Aurora may terminate tlits Special Use SUP for permit at any time for fail reFOF the Applicant to abide’y the conditions event center of the Special Use Perngit, terms of the Aurora Town Colle and/or NYS at 298 Building and Fire Coge.ie ‘ Ellicott aprvd d. The property must Main under the Applicant’s ownership “Transfer ™ of the property to angther owner or use of this permit by another Yndivi or entity will tex inate this special use permit. Upon a vote being takefi: ayes — four noes — none Motion c¥gri Coungilman Wrazen moved that the Special Use Permit for a camp-\ Action #174 ground at 29% Ellicott Road will not result in an adverse environmental , , Neg Dec impacts ast does not involve construction or physical alteration of land and ‘& issued for therefor#for purposes of SEQR a negative declaration is issued. Councilman McCafin seconded the motion. Upon a vote being taken: ayes — four SUP for noes — none Motion carried. campground Councilman Wrazen moved to adopt the following resolution; seconded by Councilman McCann: RESOLUTION APPROVING SPECIAL USE PERMIT 298 Ellicott Road (SBL# 186.00-5-1) WHEREAS, Robert N. Hopkins/RNH 298 LLC has applied for a Special Use Permit for a campground at 298 Ellicott Road, PO West Falls, NY; and WHEREAS, Chapter 116 Section 116-8.9 D(1) states that this type of development in a C-3 (commercial) zoned district requires a Special Use Permit from the Town Board; and WHEREAS, the Town Board of the Town of Aurora referred the Special Use Permit application to the Town of Aurora Planning Board for their review and recommendation; and WHEREAS, the Planning Board voted unanimously to recommend that the Town Board approve the Special Use Permit; and WHEREAS, as an unlisted action under SEQRA the Town Board found that the project will not result in any significant adverse environmental impacts.

5/13/2024 Town Board meeting Page 5 NOW, THEREFORE, BE IT RESOLVED, that pursuant to Chapter 116 — Zoning, Article III of the Code of the Town of Aurora, the Town Board of the Town of Aurora does hereby grant the attached Special Use Permit, including conditions, to Robert N. Hopkins/RNH 298 LLC for a campground at 298 Ellicott Road, PO West Falls, NY. SPECIAL USE PERMIT Pursuant to Chapter 116 Article III of the Zoning Code of the Town of Aurora, a Special Use Permit is hereby granted by the Town Board of the Town of Aurora in accordance with the following: APPLICANT: Robert N. Hopkins/RNH 298 LLC PROPERTY ADDRESS: 298 Ellicott Road (aka Rte. 240), PO West Falls, NY 14170 SBL# 186.00-5-1 PROPERTY OWNER: RNH 298 LLC - mailing address: PO Box 8, W. Falls, NY 14170 CODE: Chapter 116 — Zoning §116-8.9D(1) SPECIAL PERMIT USE: Campground The Town of Aurora Town Board received an application for a Special Use Permit for an event center from the applicant at their March 11, 2024 meeting. At that time the application was referred to the Planning Board. On April 3, 2024, the Planning Board recommended that the Town Board approve the Special Use Permit for a campground. A public hearing was held by the Town Board, at which hearing there were no comments from the public. Background. The 196+-acre parcel at 298 Ellicott Road was once an eight-eight+ site campground and recreation location known as Alpine Recreation Area (or Alpine Resort and Campground) was used as a campground and recreation area until the mid-1980’s. The applicant wishes to use a portion of the property as a campground. The property at 298 Ellicott Road is zoned Commercial (C3). This permit is contingent and subject to the following: 1. CODE REQUIREMENTS: Full compliance with all sections of the Aurora Code as presently codified or as may be amended from time to time. 2. APPLICATION AND PLANNING BOARD: Subject to all plans and specifications Submitted with the application, recommendations of the Planning Board and additional conditions and terms as adopted by the Town Board. 3. VIOLATION: Any violation of the provisions of the Permit or any other applicable law, code, rule or regulation of any government or department shall subject this Permit to suspension or revocation in the discretion of the Town Board. 4. ATTACHMENT: This permit is subject to any and all special conditions attached hereto. ACKNOWLEDGEMENT: the undersigned as applicant for this Special Use Permit for a campground at 298 Ellicott Road, PO West Falls, NY, does hereby acknowledge receipt of a copy of this Special Use Permit, agrees, and accepts the provisions herein. The applicant further acknowledges that a violation or breach of any covenants, provisions or.conditions of this Special Use Permit will result in suspension or revocation of this Special Use Permit. The undersigned agrees to all terms and provisions of this Special Use Permit as herein stated or as hereafter may be amended. SPECIAL USE PERMIT - SPECIAL CONDITIONS 298 Ellicott Road, PO West Falls, NY 1. USE: Campground pa SIGN(S): Shall be in accordance with Section 116.34 of the Town Code of the Town of Aurora. 3. CAMPGROUND: a. No more than four (4) RV sites (RV defined as self-contained unit with sanitary facilities) b. No more than sixteen (16) tent sites. c. Quite time will be from 10:30 p.m. to 7:30 a.m.

5/13/2024 Town Board meeting Page 6 4. OTHER CONDITIONS: a. Signage stating “No Swimming” in the quarry will be posted ar ound the quarry. b. All water hose-bibs in the campground will be labeled “non-potable”. c. Year-round access for emergency vehicles is required when the campground is Action #175 occupied. SUP for d. Complaints brought to the Town regarding the use of this property for the campground activities associated with the business will be brought to the Code Enforcement at 298 Officer and, if necessary, be brought to the Town Board for further action. The Ellicott Town of Aurora may terminate this Special Use permit at any time for failure of aprvd the Applicant to abide by the conditions of the Special Use Permit, terms of the Aurora Town Code and/or NYS Building and Fire Code. e. The property must remain under the Applicant’s ownership. Transfer of the property to another owner or use of this permit by another individual or entity will terminate this special use permit. Upon a vote being taken: ayes — four noes — none Motion carried. Ke KKK Councilman Wochensky moved that the Special Use Permit for an auto Action #176 repair, auto sales and auto undercoating business at 420 Olean Road, East Neg Dec Aurora, will not result in an adverse environmental impacts as it does not issued for involve construction or physical alteration of land and therefore for purposes of in SEOR a negative declaration is issued. Councilman Wochensky seconded the seman motion. Upon a vote being taken: ayes — four noes — none Motion carried. Councilman, VLC 7022 SNES Raeole ee ag PT Te TOTO Thro fe eh i aaseconded by Councilman Wochensky: RESOLUTION APPROVING SPECIAL USE PERMIT 420 Olean Road (SBL# 176.13-2-2) WHEREAS, Ronald Bartsch (dba Bartsch’s Auto Service) has applied for a Special Use Permit for an auto repair, auto sWes and auto undercoating business at 420 Olean Road, East Aurora, NY; and WHEREAS, Chaptér 116 Section 116-8.8 states that this type of development in a C-2 commen zoned district requires a% pecial Use Permit from the Town Board; and WHEREAS, the Town Btard of the Town of Aurora referred the Special Use Permit applicast én 6 the Town of Aurora Planning Boatd for their review and recommendation; and P WHEREAS, the Planning Boarth, oted unanimously to recommend that the town By offrd approve the Special Use Permit; and WHEREAS, as an unlisted action und@gSEQRA the Town Board found thgy fiee proj ject will not result in any significant adverse environmental imp, acts. y" NOW, THEREFORE, BE IT oo RESOLVED, that pursuant to Chapter 116— Zhi ng, Article IILgf the Code of the Town of Aurora, the Town Board of the Town of Aurora does hereby grant he attag! fed Special Use Permit, including conditions, to Ronald Bartsch (dba Bartsch’s Auto Serviegjfor an auto repair, auto sales and auto undercoating business in the existing building at 420 QI as vad, East Aurora, NY. Pci. ; Pursuant to Chapter 116 Article J Ae the Zoning Code of the To T yi a of Aurora, a Special Use Permit is hereby granted by the Towp*Board of the Town of Aurora in accord’ ace with the following: APPLICANT: Ronaldgartsch ey dbaBartsch’s Auto Service PROPERTY . NN ADDRESS: # 420 Olean (aka: Route 16, East Aurora, NY 14052 SBL# 176,13-2-2 PROPERTY OWNER: Brian Shanley and David Dillon mailing address: 420 Olean Road, East Aurora, NY 14052 CODE: Chapter 116 — Zoning §116-8.8 D(S) & Chapter 116 — Zoning §116-8.8 DU1

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Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: RNH 298 LLC Project Location (describe, and attach a location map): 298 Ellicot Rd West Falls, NY 14170 | ; = Brief Description of Proposed Action: CARRS Fer Border Ane mys Feskvurt weekends Name of Applicant or Sponsor: Telephone: 716-863-3632 Robert N Hopkins EMail: Address: 216 Old Glenwood City/PO: State: Zit West Falls NY “to 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule; or regulation? NIGENEC If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. Ifno, continue to question 2. [| 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? — 25 acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 215 acres 4, Check all land uses that occur on, adjoining and near the proposed action. [J Urban [¥)Rural (non-agriculture) [| Industrial [¥]Commercial [Residential (suburban) [Forest (JAgriculture [J Aquatic [_] Other (specify): [Parkland Page 1 of 3

5. Is the proposed action, NO | eOeUse a. A permitted use under the zoning regulations? C1 fg] SI ib) S ISIS) BIBL b. Consistent with the adopted comprehensive plan? | | _ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? af 7. Is the site of the proposed. action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: © 4 oO 4 O e004Ss) 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c, Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: Holding Tanks 12. a. Does the site contain a structure that is listed on either the en or National Register of Historic Places? a4 b. Is the proposed action located im an archeolo gical sensitive area? wena 13, a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain: wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14, Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that a _ [-] Shoreline [_] Forest | Agricultural/grasslands [| Early mid-successional [] Wetland [1 Urban [_] Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO | YES by the State or Federal government as threatened or endangered? v1 | iC] YES 16. Is the project site located in the 100 year flood plain? NO | | wi |it YES| NO 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? [| NO [ |YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: [|No [_]vES Page 2 of 3

18. Does the proposed action include construction or other activities that result in the impoundment of NO | YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: Wil 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO | YES | solid waste management facility? = |_| If Yes, describe: ure — mw : "8 “aT ? Oo. ey ” Y ad uy 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO | YES completed) for hazardous waste? If Yes, describe: ' | | oneness I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Robert N Hopkins Date: if / { si 2OKG Signature: Pose vii Td op A~ PRINT FORM Page 3 of 3

INSTRUCTIONS(RP-5217-POF-INS): WwW.Orps. state.ny.us Geitencstdiemeicns A Y g o | . New York State Departmentof C1. SWI8 Code { i a Li?) | Taxation and Finance y, C2. Oete Dead Recorded | _AN/ anne Office of Real Property Tax Services . C3. Book L145 ceven i age rit RP- 5217-PDF Real Property Transfer Report (8/10) Al i ORA hecessORS Po! PROPERTY INFORMATION | — rage 1. Property 296 Ellicott Road WARY | os pats, Ge 5 mo P ~ ond e — Aurora ee 14052 VR i fo jena d 4 CITY ON TOWN Le * ae Cone 2. Buyer RNH 298 LLC Name = ——"TinaTiwamcousan “Pana Wa AURORA ak~ «=. 7 LART HAMEICOMPANY SRST NAME 7) ” acs indicate where future Tax Biiis sre ta be sent : Mice -. oo addrese ater than buyer addresa(at bottom of form) LAST NAMEICOMPARY PRAT NAL TAR | | Lj éucig STREET NUMBER AND HALE City Gn Town “eare DRS Co by gp 4. indicate tha number ctAssesament =], = Partofa Parca, (Only ¥ Part of a Parcel) Check en they apply: a OF . | Vi ow ts thd ¢ Roll parcels transferred on the deed ——___ oe aealirracicicilabenainpansc Lina &, Oeed X OR 196.60 a oct arn way Property “FRONT FERT * 989TH PORES PF . 7“ 4c. Pcl erode Such wth Map Prone 3500 Genesee Associates LLC . : ; 6. Seller CLARY NAMBIOOMPARY RST MAN rd Neme LAST NAME/COMPANY saad ana : — *7. Select the description which meat accurately describes the item et use of the property at the time of sale: &. Oumerahip Type is Condominium ieee 106A. Property Located within an Agricultural District 108. Buyer received a diecioeure notica indicating thel the property ie in an — Agricultural District SALE IN RMA 16. Check one of mare of these conditions es applicable to tranafer: 14. Sale Contract Cate 11/ 15 72020 8. Sale between Related Compenies or Parinera in Susiness. h oft J C. Oreste Buyers aoa Ser “* 42, Date of Sale/Transter es i, Fes Ton tink Wartaany ov Rese ea od noice oe F. Sie of Fractional or Less then Fee interest (Specify Below) “¢3. Full Sale Prica G. Significent Change in Property Between Taxable Status and Sale Dates (Stan ot wt oun gato et ee pereanel property. ley . ordSele Price ee valli sigitished porairhe ion pmmieogaaeal 1. Other Unusual Factors Affacting Below x J.None iSpecky ) mortgages or obligations.) Please round nearest whole dofar emount. Cemment(s) on Condition: property included in the sale ° _ ESSMENT INFORMATION - Data should reflect the latest Final Assesament Roll and Tax Bil | 16. Year of Assessment Ralt from which information texen(YY) 19 “17. Totel Assessed Vatue 397800 "44. Property Clase 240 ee "19, School Diatrict Nema East Aurora Union Free “20. Tax Map Identifier(e)/Roll identifier(s) (tf more than four, attach sheet with additional identifier(s}) 186.00-5-1 Keith ieoniloal fale Certeet cai cna heme of information entered on this form are true arvd correct (to the best of my knowledge and belief) and | understand thet fatee statement of materia! fact herein subject me to the provisions of the oenat law relative to the making the making of any wiitful and filing of false instruments. 3500 Genesee Associates, LLC sy By A 2/ [5/20 at ete cd svi egarding Rar, ere and xtc conan tha transler must be entered. Type er priet clearty.) tan anateeaenan TURG RNH 298 LLC Hopk opkins Richard Neil dr - ALLE RIGUATINS * LAST MAME FIRST NAME By / ($/20 716 8633632 - ; ‘AREA COME “TELEPHO NUMBER (8x:NE 9900000) 145 Ellicott Road CS GTRERT AMER ——~SCS*S RT it West Falls ngve ae iY NY 14170 dich 5 : , vib! ntli ilq tqile |i i Miahhh SGT i OR TOWN Mh ty an a WH ri “ BUYER'S ATTORNEY “STATE “BE Copa fugit ie intel ne A Nl | orew a i i Hae iy dy bi Nb ‘| Jie} a ae “It Hh i ; | aly efnet ‘i ay as ell alah Mfr if at ee FIRST MAME RG a Aine cain cael | = elt a: it at ee iis ae! pasty Heidifey ry tp TT ai | ve ; 716 8851151 A Moe IL Pte us Oe Pa qi t ui Book11357/Page287 Extra Page 1

DEED This Indenture, Made the lot day of February, Two Thousand and Twenty Between 3500 Genesee Associates, LLC, a New York limited liability company c/o 1600 Main Place Tower, 350 Main Street, Buffalo, NY 14202 (hereinafter referred to as the "Grantor") and RNH 298 LLC a New York limited liability company 145 Ellicott Road, West Falls, NY 14170 (hereinafter referred to as the “Grantee"). WITNESSETH, That the Grantor for and in consideration of the sum of NINE HUNDRED NINETY NINE THOUSAND NINE HUNDRED NINETY and 00/100 DOLLARS ($999,990.00), lawful money of the United States, paid by the Grantee, does hereby convey, grant and release unto the Grantee and its assigns forever: ALL TRACT OR PARCEL OF LAND, situate in the Town of Aurora, County of Erie and State of New York more particularly described in Schedule A annexed hereto and made a part hereof, TOGETHER with all of the appurtenances and all of the estate and rights of the Grantor in and to the said premises. SUBJECT TO easements, restrictions and rights of way of record. TO HAVE AND TO HOLD the above granted premises unto the Grantee and its assigns or v xt Book11357/Page285

Schedule A to Deed Grantor: 3500 Genesee Associates, LLC Grantee: RNH 298 LLC ALL THAT PLOT OF LAND situate in the Town of Aurora, County of Erie and State of New York, being parts of Lots Nos. 59 and 60, Township 9, Range 6 of the Holland Land Company’s Survey, bounded and described as follows: BEGINNING at the point of intersection of the westerly line of Lot No. 60 with the center line of the State Road (Orchard Park-Griffin Mills Road) leading east through said lot: thence southerly along the westerly line of Lot No. 60 and the westerly line of Lot No. 59, 3670 feet to the southwest corner of land deeded to Jewettville Clay Products, Inc. by deed recorded in the Erie County Clerk’s Office in Liber 1384 of Deeds at page 419; thence easterly along the southerly line of lands as aforesaid, 2866 feet to the southwest corner of lands now or formerly owned by George H. Morton; thence northerly along the westerly line of Morton’s lands, 250.2 feet to the northwest corner thereof; thence easterly along the northerly line of Morton’s land, 1075.8 feet to an iron pipe; thence south 52° 58’ east along the northeasterly line of Morton’s land, 172.5 feet to the center line of Pine Tree Road (Old Glenwood Road); thence northerly along the center line of said road, 26 feet to the southwesterly line of lands of the Buffalo, _ Rochester and Pittsburgh Railway Company; thence northwesterly along said line of said Company’s lands, 240 feet to a concrete monument; thence continuing northwesterly along the southwesterly line of said lands 1958.1 feet; thence continuing northwesterly along the southwesterly line of said lands on a curve having a radius of 2897.8 feet, 620.3 feet to the northerly line of Lot No. 59; thence easterly and along the northerly line of Lot No. 59, 60.5 feet to the easterly line of lands conveyed by Martha Johnson and William Johnson to William H. Brush and George W. Schmidt by deed recorded in Liber 623 of Deeds at page 182: thence northerly and along the easterly line of lands conveyed to Brush and Schmidt by deed aforesaid and also along the easterly line of lands conveyed to John H. Black Company by deed recorded in Liber 1823 of Deeds at page 27 in the Erie County Clerk’s Office, 1937.76 feet to the center line of the State Road (Orchard Park-Griffin Mills Road); thence westerly along the center line of said State Road, 1896.18 feet to the westerly line of Lot No. 60 at the point or place of beginning. EXCEPTING parts conveyed by deeds recorded in the Erie County Clerk’s Office in Liber 446 of Deeds at page 112, Liber 464 of Deeds at page 275, Liber 545 of Deeds at page 569. ALSO EXCEPTING parts appropriated by the State of New York in Liber 2183 of Deeds at page 412, Liber 2183 of Deeds at page 415, Liber 2188 of Deeds at page 317, Liber 2189 of Deeds at page 268, and Liber 9378 of Deeds at page 406 in the Erie County Clerk’s Office. | Book11357/Page287

-2- THIS CONVEYANCE does not render the Grantor insolvent and is not made to defraud creditors. AND the said Grantor does covenant with said Grantee as follows: FIRST. - That the Grantor has not done and has not suffered anything whereby the said premises has been encumbered in any way whatever except as aforesaid: SECOND. - That the said premises are free from encumbrances except as aforesaid: THIRD. - That this conveyance is made subject to the trust fund provisions of section thirteen of the Lien Law of the State of New York. IN WITNESS WHEREOF, the Grantor has hereunto caused this deed to be executed by its duly authorized representative as of the day and year first above written. IN PRESENCE OF 3500 Genesee Associates, LLC State of Florida ) ) Ss.: County of Collier —+) Onthe | aay of February in the year 2020 before me, the undersigned, a notary public in and for said state, personally appeared Philip Terranova, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. NS KELLY M. MULCAHY ; § ‘3 Notary Public, State of Florida Notary Public Commission#GG 148851 Hy comm. expires Nov. 17, 202¢ Book11357/Page286

euscouy coenesoerce _IEMIAHMIIAIINMUAI County Clerk's Recording Page ae , Book Type: D Book: 11357 Page: 284 Page Count: 4 Doc Type: DEED Rec Date: 02/13/2020 Party 1: Rec Time: 12:19:03 PM : Control #: 2020034908 3500 GENESEE ASSOCIATES LLC UserID: Coretta Party 2: Trans #: 20230126 ; Document Sequence Number RNH 298 LLC TT2019014501 Recording Fees: Consideration Amount: 999990.00 RECORDING $40.00 COE CO $1 RET $1.00 pao ee ri COE STATE $4.75 RM $4.75 SP MT/M-RAIL $0.00 RP5217 CNTY $9 $9.00 NY STATE TT $4 000.00 RPS217 ST-RES $116 $116.00 TP584 $10.00 ROAD FUND TT| gy $5,000.00 Total: $9,195.00 STATE OF NEW YORK ERIE COUNTY CLERK’S OFFICE WARNING- THIS SHEET CONSTITUTES THE CLERK’S ENDORSEMENT REQUIRED BY SECTION 319&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL. Michael P. Kearns Erie County Clerk | Booki1357/Page284