1776 BLAKELEY ROAD (full text)
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Page 1
caseno._ (G46
DATE OF HEARING _ b|(g/ 26
Town of Aurora Zoning Board of Appeals
575 Oakwood Avenue, East Aurora, New York 14052
Zoning Board of Appeals Application Form
I. TYPE OF REQUEST
%_ AREA VARIANCE SPECIAL USE PERMIT ____ USE VARIANCE INTERPRETATION
li. APPLICANT/PETITIONER
Applicant's Name Re be mt D@ YUL S ter |
Address _ (776 Blakeley Corners el.
City ost Aurerg ( State zipP_ (FOS 2
Phone —————————————
Interest in the property (ex: owner/purchaser/developer) O47 A &-
li. PROPERTY OWNER INFORMATION (if different from applicant information.)
Property Owner(s) Name(s) Ie O bent g Lo n| Da Ande sten
Address_/ 7) G 13 [a Ue ley Corne rc We
Ciy Cast Aiulravey State_/b.Y __zIP_/4¥o5 2
Phonatieteenr Fax
lil. PROPERTY INFORMATION
Property Address_!'776 Blale leey Corners Kea
SBL# /27.00-3-B.17
Property size in acres 5 acres Property Frontage in feet 28 7 feet
Zoning District AR/A : y Surrounding Zoning AR [A
Current Use of Property tome 5 bad
IV. REQUEST DETAIL N(o- 2A
(check al that apply) a | } f bh. y ~- 4
“Variance from Ordinance Section(s) #_C | | OW te 2 ho | to b Cc 4.8
____ Special Use Permit for:
____ Use Variance for:
___ Interpretation of
Page 2
V. SIGNATURES (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. 5 )
Signature of Applicant/Petitioner
Print name of Applicant/Petitioner
State of New York; County of Erie
On the@Z day ot A latgin the year“OCbefore 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
forthe p s therein stated.
/ _
/
[ > _— Tz»
Notary Public y
JEANNE H VIGER
York
Notary Public - State of New
(Notary stamp) No. 01110040429
Qualified in Erie County
|
My Commission Expires 08/12/2029
jute moe saws 7
Office Use Only: Date received: Receipt #:
Application reviewed by:
ECDP ZR-1 form sent to EC: Hearing publication date:
PREVIOUS APPEAL(S):
A previous appeal to the Zoning Board of Appeals ( ) has ( ) has not been made with respect to this property.
Previous appeals:
Date: Type of Appeal: Granted Denied
Date: Type of Appeal: Granted Denied
Page 3
PETITIONER’S LETTER OF INTENT
Please describe in detail the proposed project, reason the variance and/or special use permit is being
requested and any additional information that may be helpful to the Zoning Board of Appeals in deciding this
appeal: (attach additional pages if needed)
We request a variance that would allow the height of our new three rail white vinyl fence to be 6 4
inches higher than the zoning height of 42 inches. Aesthetically we prefer the appearance of a 3 rail
fence vs a two rail fence. We believe a three rail fence is preferable to a two rail in a country setting.
Moreover, the variance would be unnoticeable because the road grade is up to 2 /% feet higher than the
lawn. The instillation of the fencing will improve the appearance of our property and the neighborhood.
This is our continuing effort to do that. After purchasing our property, 3 2 years ago, we had
underground conduit installed to cover an unsightly ditch that ran the length of our property.
TO BE COMPLETED ONLY WHEN A USE VARIANCE IS BEING REQUESTED:
A Use Variance is requested because the applicable regulations and restrictions in the Zoning Code of the
Town of Aurora have caused unnecessary hardship as demonstrated by the following:
1) | cannot realize a reasonable return on my property for each and every permitted use allowed in the
current zoning classification as demonstrated by the accompanying financial evidence (provide financial
evidence to support your argument).
Financial Evidence Provided Yes «No (financial evidence is required per NYS Town Law)
2) Describe why your alleged hardship relating to the subject property is unique and does not apply
to other properties in the zoning district or neighborhood:
3) Describe why you believe that the essential character of the neighborhood/community will not
change if the Zoning Board of Appeals grants you a use variance:
4) Is your need for a use variance a result of you own actions (is your difficulty self-created)? Please
explain:
(Attach additional pages if needed)
Page 4
Town of Aurora Zoning Board of Appeals
575 Oakwood Avenue Application
East Aurora, NY 14052 Owner Authorization
www.townofaurora.com
The undersigned, who is the owner of the premises know as:
A 276 Blakeley LA [ast hee, S40 Seentities as Tax Map (SBL)# (S. (.00- 3-3, Seeebweuese dae estes ee ne esse eh eee [2
ite ,
hereby authorizes Koheactt Bennis ee, Pe to bring an application for ( ) area variance
( ) special use permit ( ) use variance ( ) interpretation before the Town of Aurora Zoning Board of
Appeals for review and potential approval. The undersigned further permits the Town or its authorized
representative(s) access to the property to review existing site conditions during the review process.
Owner (signature)
STATE OF NEW YORK )
Ss
COUNTY OF ERIE )
On this 611 day of Md: Lf. 20a before me, the undersigned, a notary public in and for said state,
personally appeared Roke f” 7 E52 VMAS 42
Cr , personally known to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
JEANNE H VIGER
Notary Public - State of New York
No. 01V10040429
Qualified in Erie County
My Commission Expires 08/12/2029 5
Page 5
SUPERVISOR TOWN CLERK
Charles D. Snyder Jeanne H. Viger
(716) 652-7590 (716) 652-3280
[email protected] townclerk(@townofaurora.com
TOWN OF AURORA
Aurora Municipal Center
575 Oakwood Avenue, East Aurora, NY 14052
www.townofaurorany.gov
TOWN COUNCILMEMBERS
May 8, 2026
Jessica B. Armbrust
jarmbrust(@townofaurorany. gov Robert Bannister
1776 Blakeley Road
Joseph M. McCann East Aurora, NY 14052
imccann(@townofaurora.com
Raymond M. Wrazen
rwrazen(@townofaurora.com Robert,
The Building Department has reviewed your request for a 48.5” high three-rail fence in
SUPT. OF HIGHWAYS
David M. Gunner the front yard at 1776 Blakeley Road. The request has been denied because it fails to meet
(716) 652-4050 the requirement for fence height in the Rural Residential (RR) zoning district in which the
highway(@townofaurora.com proposed fence will be located.
CODE ENFORCEMENT
OFFICER
Elizabeth Cassidy Sections 116-28A
(716) 652-7591 Required: A wall or fence not over 3 1/2 feet (or 42”) high in any front yard or side-street
[email protected] side yard, subject to § 116-38.
Requested: 48.5” to the top rail of fence
ASSESSOR
Stephen R. Pigeon Variance: 6.5”
assessor(@townofaurora.com
(716) 652-0011
This letter serves as notice that we have received the application and fee for the Zoning
DIR. OF RECREATION
Christopher Musshafen
Board of Appeals. You will receive notification from the Town Clerk with the date and
(716) 652-8866 time of the next available hearing. If you have any questions, please contact our office at
[email protected] 652-7591.
TOWN ATTORNEY
Sincerely, 7”,
Brigid M. Maloney fa rd gp
a fo JV/kAf
ny f
fT, f
TOWN JUSTICES
Jeffrey P. Markello
Via Z/
James F. Granville kien +d
Assistant Céde= ovcemen Officer
HISTORIAN
Robert L. Goller
(716) 652-7944
[email protected]
FAX: (716) 652-3507
This institution is an equal
opportunity provider and employer.
Page 6
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DATE | JOB DESCRIPTION <——__ ©
PROFESSIONAL LAND SURVEYOR
PHONE & FA:
9653 SAVAGE ROAD
HOLLAND, NEW YORK 14080 (716) 537-21;
DRAWN BY: SHS SCALE: 1"= 40’
CHECKED BY: PGP DATE: 1/17/20
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Page 11
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:
Bann ote Front Property
Project Location (describe, and attach a location mag):
Fence
INTé& Bla ke ley Cann @rs Road, Lach fuer Uy
=i Description of Proposed Action:
Tu ste! line a 4 Hay | ich, fe viny| | fence Zon ¢
preper ty Front ace beliveenn’ ctrt ve wea y Coliums
Name of Applicant or Sponsor: | Telephone: _— | ; = =
lau ster E-Mail:
Ko be ot Ban
oY
Address: “—
(776 Ble keley Coruers ood
City/PO: State: Code:
La st Avira /) ¥ 7605 2.
1. Ce. the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES
administrative rule, or regulation? >
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that Ed []
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other government Agency? NO
If Yes, list agency(s) name and permit or approval: TA 8 ( ARny Nepe: ct Su
3. a. Total acreage of the site of the proposed action? 7. . acres
b. Total acreage to be physically disturbed? (6) acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 4-1 _ acres
4. Check all a occur on, are adjoining or near the proposed action:
[] Urban Rural (non-agriculture) [_] Industrial [[] Commercial [Residential (suburban)
[| Forest [[] Agriculture [_] Aquatic [J] Other(Specify):
[__] Parkland
Page | of 3 SEAF 2019
Page 12
5. Is the proposed action, NO | YES | N/A
a. A permitted use under the zoning regulations? | [|
b. Consistent with the adopted comprehensive plan? [| [| Ee
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
° ° a 2 ° . ° NO YES
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO | YES
If Yes, identify: mT
8. a.
, . , _ .
Will the proposed action result in a substantial increase in traffic above present levels?
NO | YES
rE
b. Are public transportation services available at or near the site of the proposed action? st |
c. Are any-pedestrian accommodations or bicycle routes available on or near the site of the proposed TAT 4
action?
9. Does the proposed action meet or exceed the state energy code requirements?
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me
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If the proposed action will exceed requirements, describe design features and technologies:
a)
Ch
10. Will the proposed action connect to an existing public/private water supply?
eo)
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If No, describe method for providing potable water:
Ls
11. Will the proposed action connect to existing wastewater utilities?
ols)
q ge |
If No, describe method for providing wastewater treatment:
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
which is listed on the National or State Register of Historic Places, or that has been determined by the
O\|ols
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
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No 6
wetlands or other waterbodies regulated by a federal, state or local agency?
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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:
pares
quate
ores
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Page 13
14. Identify the typical a a on, or are likely to be found on the project site. Check all that apply:
[JShoreline [_] Forest Agricultural/grasslands [_] Early mid-successional
[]Wetland [] Urban [[] Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or
=C m [| SONIC ;
Federal government as threatened or endangered?
RIG GIRIGInIE
16. Is the project site located in the 100-year flood plan?
17. Will the proposed action create storm water discharge, either from point or non-point sources?
\
If Yes,
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h
a. Will storm water discharges flow to adjacent properties?
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water YES
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Z,
or other liquids (e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment:
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste | NO | YES
management facility?
If Yes, describe: ail
Ly
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: or
| CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: T<e b et 15 ay) v1) S$ far Date: Y s[ O% / v 6
Signature: SALUD YL S4 LYALL Title: O her
PRINT FORM onoe doh
ALC aoe me
Page 14
INSTRUCTIONS(RP-5217-PDF-INS): WwwwW.orps.state.ny.us
FOR COUNTY USE ONLY . New York State tof
C1. SWIS Code i cf od, > 4 | Taxation and Finance
C2. Date Deed Recorded ld a
Month Day Yeer
alias inn 5017-PD -
as T-
C3. Book | \ iy] A | C4. Page L.),0,34 | Reat Property Transfer Report (8/10) ;
PROPERTY INFORMATION |
1. Propertyrf 1776 Blakeley Road
* STREET NUMBER ener nenenenntenneeeenee
* STREET NAME
Se@® Aurora
* CITY OR TOWN
14052
VILLAGE *2IP CODE
2. Buyer Bannister
Name Robert D.
T LAST RAMON
FIRST NAME
Bannister Lori D.
LAST NAME/COMPANY FIRST NAME
3. aan indicate where future Tax Bills are to be sent
ng if other than buyer address(at bottom of form) LAST NAME/COMPANY
AA Say
Address FIRST NAME TOP WN Nt nceme 8
STREET NUMBER AND NAME CITY OR TOWN STATE 2IP CODE
- 4. Indicate the number of Assessment ‘a Part of a Parcel (Only Hf Part
of a Parcel) Check as they apply:
Roll parcels transferred on the deed Parcel
Hot Parcels OR 4A. Planning Board with Subdivision Authority Exists
= Does 289 X 154 OR 4.80 4B. Subdivision Approval was Required for Transfer) “°°
Property * FRONT FEET * DEPTH *ACRES =" 8 +
Size
4C. Parcel Approved for Subdivision with Map Provided
KZ
Bienias Thomas J.
6. Seller * LAST NAME/COMPANY FIRST NAME
Nemes Bienias Barbara A.
LAST NAME/COMPANY FIRGT NAME
*7. Select the description which moat accurately describes the
use of the property at the time of sale: Check the aia beicon as they apply: PARAL & 4
8. Ownership Type is Condominium AR
[] 1 Br 2 | / () él
A. One Family Residential .
8. New Construction on a Vacant Land
* eon ws Nay be qi
C]
10A. Property Located within an Agricultural District []
108. Buyer received a disclosure notice indicating that the property is in an
Agricultural District CI
[SALE INF: ORMATION] 15. Check one or more of these conditions as applicable to transfer:
44. Sate Contract
Date [_] A. Sale Between Relatives or Former Relatives
10/10/2020 |_| B. Sale between Related Companies or Partners in Business.
. |_| C. One of the Buyers is also a Seller
« 1 2/18/2020 ) ‘2 / lo Q oO ___| O. Buyer or Seller is Government Agency or Lending Institution
12. Date of Sale/Tranafer |__| &. Deed Type not Warranty
or Bargain and Sale (Specify Below)
|_| F. Sale of Fractional or Less than Fee Interest (Specify Below)
"43. Full Sale Price 559,500 00 |_| S. Significant Change in Property Between Taxable Status and Sale Dates
{ Full Sate Price is the total amount paid for the property including personal property. H. Sale of Business is Included in Sale Price
This payment may be in the form of cash, other property or goods, or the assumption of y |. Other Unusual Factors Affecting Sale Price (Specify Below)
mortgages or other obligations.) Please round to the nearest whole dollar amount. J. None
Comment(s} on Condition:
14. indicate the vaiue of personal
property included in the sale 0 00
| ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roi l and Tax Bill |
16. Year of Assessment Roll from which information taken(YY) 20 “47. Total Assessed Value 154,300
“18. Property Class 210
*49. School District Name East Aurora Union
*20. Tax Map identifier{s)/Roll identifier{s) (If more than four, attach sheet with additional
identifier{s})
187-3-8.12
CERTIFICATION |
| Certify that all of the items of information entered on this form are true and correct
(to the best of my knowledge and belief} and | understand that the making of any willful
“ falge statement of material fact herein subject me to the
relative to the making and filing of false instruments.
A) | ZA ~~ SELLER SIGNATURE nd
(Enter information for the buyer. Note: If buyer is LLC,sociaty, association,
corporation, joint stock company, estate or
- cal welame
(Ss entity that is not an individual agentor fiduciary, then a name and contact information
\ 7» ,? of an individual/responsible
party who can answer questions regarding the transfer must be entered.
Type or print clearty.)
te SELLER SIGNATURE DATE
Bannister Robert D.
x 2, A / 174 "3 af & [4v- 27“ AST NAME FIRST NAME
he) fas YER Si RE 2htor |
DATE
*AREA CODE “TELEPHONE NUMBER [Ex. 9899999)
1776 Blakeley Road
* STREET NUMBER * STREET NAME
nlite by East Aurora
h if
NY 14052
1 a “CITY OR TOWN “STATE “ZIP CODE
Ay ghey ayia BUYER'S ATTORNEY
; . Ne h oH i i
1 Wie (} ane DiFilippo Anthony
/, i ii Puan tee Ley | LAST NAME FIRST NAME
mi ! 1 dy (| dy! (
We dedueiuoughegmF (726)AREA CODE 652-9560 TELEPHONE NUMBER (&x: 9999999)
Book11371/Page7041 Extra Page 2
Page 15
Qor2°
Warranty Deed with lien covenant from an individual
This Indenture, made the \* > day of
® ten
Deer tn , 2020.
Between Thomas J. Bienias and Barbara A. Bienias, husband and wife,
residing at 1776 Blakeley Road, East Aurora, New York 14052-9005,
Grantors,
Robert D. Bannister and Lori D, Bannister, husband and wife,
residing at 272 Porterville Road, East Aurora, New York 14052,
Grantees.
WITNESSETH, that the Grantors in consideration of ONE and MORE Dollars
($1.00 + More) lawful money of the United States, paid by the Grantees, subject to the
trust fund provisions of section thirteen of the lien law, hereby grant and release unto the
Grantees, their heirs, distributes, and assigns forever.
ALL THAT PLOT OF LAND, situate in the Town of Aurora, County of Erie, and
State of New York, being part of Lot Number twenty (20), Township nine (9), Range
six
(6) of the Holland Land Company’s Survey, bounded and described as follows:-
BEGINNING at a point in the center line of Blakeley Road, being the south line
of Lot Number twenty (20), distant four hundred forty-four and seventy hundredths
(444.70) feet west of the center line of Underhill Road, being the east line of Lot Number
twenty (20); running thence northerly at an interior angle of 88° 06” seven hundred fifty-
four and nineteen hundredths (754.19) feet to a point on the south line of lands conveyed
to Thomas J. Haney and Dawn M., his wife, by deed recorded in the Erie County Clerk’s
Office in Liber 9884 of Deeds at page 642; thence westerly at an interior angle of 91°
54’
and along the south line of lands conveyed to Haney and along said south line if
extended
westerly and parallel with the center line of Blakeley Road, two hundred eighty-ni
ne
(289) feet; thence southerly at an interior angle of 88° 06’ seven hundred fifty-four
and
nineteen hundredths (754.19) feet to the center line of Blakeley Road; thence easterly
ie
Book11371/Page7040
Page 16
along the center line of Blakeley Road, two hundred eighty-nine (289) feet to the point or
place of beginning.
Together with the appurtenances to and all the estate and rights of Grantors in
said premises.
To have and to hold the above granted premises unto the Grantees, their heirs,
distributes, and assigns forever.
And Grantors covenant as follows:
First, that Grantees shall quietly enjoy the said premises, and
Second, that Grantors will forever warrant the title to the said premises.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands on the date
respective of the acknowledgments for each below.
Kure es ls
Thomas J. Brenias
af v
se. on pane 7 Sw A> ls
Barbara A. Bienias
State of New York ).
County of Erie ) ss:
On ‘De combi (¢, WW , before me, the undersigned, a Notary Public
in and for the State of New York, personally appeared Thomas J. Bienias and Barbara A.
Bienias, personally known to me or proved to me on the basis of satisfactory evidence to
be the individuals whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their capacities, and that by their
signatures on the instrument, the individuals, or the persons upon whose behalf of which
the individuals acted, executed the instrument.
Danriu/t. ) Lana sch
Notary Public
DANIEL E, WISNIEWSKI
NOTARY PUBLIC, State of New York
Qualified in Erie County
My Gommission Expires August 31, ot oa
Book11371/Page7041
Page 17
Michael P. Kearns
Erie County Clerk
92 Franklin Street
Buffalo, New York 14202
on _ NOTICE
To: THOMAS J. BIENIAS
FOX CREEK ESTATES, APT. 207
9500 Transit Road: -
East Amherst, NY 14051
From
County Clerk Michael P. Kearns
regarding a change in ownership
of your property
NOTICE OF SALE OR TRANSFER OF OWNERSHI
P
OF YOUR RESIDENTIAL PROPERTY
TolHOMAS J. BIENIAS & BARBARA A. BIENIAS
(name of owner of record)
Our records show that you are listed as the curren
t owner of record for residential property:
Section: Block: Lot:
Located At; 1776 ROAD Sse AURORA
BLAKELY ‘ _.
(street address) ___, County of Erie, New York.
(city/town)
On x | a] [JOA , documents were filed at this office to
change ownership and transfer title of
(date) your property.
To: ROBERT D. BANNISTER & LORI D. BANNISTER
(name of new owner)
If you have any questions regarding the
validity of the documents, and wish to
you should obtain legal counsel. If you dispute the recording of the transfer,
believe you are a victim of a crime relat
law enforcement agency or, if in the ed to this recording, contact your local
City of New York, the office of the sherif
f.
Book11371/Page7041 Extra Page 1
Page 18
ERIE COUNTY CLERK'S OFFICE
County Clerk's Recording Page
WANU
arent Book Type: D Book: 11371 Page: 7039
Page Count: 3
Doc Type: DEED
Rec Date: 12/24/2020
Party I: Rec Time: 11:37:16 AM
,
BIENIAS THOMAS J a
#: 02022
eae
Party 2: Trans #: 20390332
;
BANNISTER ROBERT D pocumen S is
N
umber
Recording Fees: Consideration Amount: 559500.00
RECORDING $35.00
BASIC MT 0.00
COE STATE $14.25 GEN $14.25 ADDL MT/NETA
COE STATE $4.75 RM $0.00
$4.75 SP MT/M-RAIL $0.00
RP5217 CNTY $9 $9.00 NY STATE TT
RP5217 ST-RES $116 $116.0
$2.238.00
TPsed $10.000 ROAD FUND TT en
$0.00
Total: $2,428.00
STATE OF NEW YORK
ERIE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERK’S ENDORSEMENT REQUIR
ED
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
Book11371/Page7039