Southtowns Record

0 UNDERHILL ROAD (full text)

Town of Aurora Zoning Board of Appeals Jul 16, 2026 20 pages

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CASE NO. GU i DATE OF HEARING / {{b [2 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 x AREA VARIANCE ____ SPECIAL USE PERMIT Muse VARIANCE _____ INTERPRETATION il. APPLICANT/PETITIONER Applicant’s Name _ | ALISON Cullens and Con cm Ferm CU Address _ 14 vn Ver Yoad , . : city_ Poy tailo State NU aT 4220 Phone “]\\p- 2U4- OLK0 Fax Email FermWUCol © Awa. (46m Interest in the property (ex: owner/purchaser/developer) OWNers Ill. PROPERTY OWNER INFORMATION ((f different from applicant information. ) Property Owner(s) Name(s) Address City State ZIP Phone Fax Email lll. PROPERTY INFORMATION Property Address Lye inden Malli Ra sBL#__ | 08. 06 - oH Property size in acres 2. Wk : Property Frontage in feet \1 7’ Wadi 667 blilel, Zoning District Yara! vesiaennal furounding Zoning _\l i JA [ids Current Use of Property V il ( il + | an IV. REQUEST DETAIL check all that apply) Variance from Ordinance Section(s) #__] \le- GH uf Special Use Permit for: X_Use Variance for:_IN- {Aw SUK ___ Interpretation of

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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) tho |G — Signature of ee CO acicce ferruce | | psi (Wlleny Print name of Applicant/Petitioner State of New York; County of Erie On the 26/day of May in the year 2029 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 S f Va rein stated. PAUL S. WALIER, ESQ. (Notary stamp) NOTARY PUBLIC, STATE OF NEW YORK Registration No. O2WA5088575 Qualified in Erie County <—q@4 Commission Expires November 28, 20” / 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

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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 ate rodiaecrhnd a vanane \erute the natural chevadtns and Avade ok the bint mave the pmndicd home, dation the Moc pcolancll Ona Ve leave Ophon “hr the ate. Due 2 Hw oasnn?g RYO Tab, +e a \C Ae aned to have A WE out adic Yoon The © Wig nds with Ene, C\eyahbh changes & Lhe \oet me han (owing exrescue avadlnd ov abererhont ts +e. nngery. 1 uf aWow) 3 usis Nae A eau, cathe Nan “a dey ard 7? Yedon tv the We vananw iC -b include ah _th-law Guia . The pre 1) O& finde Farnild Nowe And tit it i Ta UW. The pulonnse at Fredin | ain iy tl to Coe fannild, U needed, When Ue Time Ans. TO te 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 mh (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: ey nav ag + hg ym) Vou AN) AVOCA AO gyvizs sional Lontrathn Howat velo nNded Khe han we Wnderlil OA Th, Canes in ehevathon + Arad ind thant at hy, poner ave necescan) for hore desiin ahd olarMnentDt allonnnd dfe, proper A faint ] Wit WA Waiewment. We cevahon plone ot the lo hints 3) anne Fannie wuilding hy you Yohons: believe Mat the essential character of the neighborhood/community will not change if the Zoning Board of Appeals grants you a use variance: Cirnwhng the Veaiaessed Woe WEN Acs Will ot aren the ce nhal Ontirantey of} Safe noahtichoed peace tne OWnOveA UO Wil Y2MALN Cavdorbal in Nove and vant! be contistant! WA Ya en SAMA aa plain, 4) Is your need Sr a use variance a result of you own actions (is your ev self- created)? Please explain: The reaion ty yo UK Vintner i tw dnc nw _t Lntiiihe Ov inion Cure . The nc use Lt dv rei nde dandy. Vor ANA +he p\uipsd “6k ve ule, “WW pelu to cre fey farnly = (Attach additional pages if needé d) if yeea ey Wren AWne Hine anyes Pssisted Dwelling Unt [' AW) five tin the NOW comyvehenive plan,

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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: (0. Winder h i {J eAdN EAs. BWA NAS entiied as Tax Map spit BB. 00 “lad (address) hereby AUTNOSLIZES 2... eee e cece eee eee tenet tee nee neeneneneeenenes to bring an application for\e) area variance ( ) special use permit \ fuse 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. Carissa fereuce | buen Culler’ Date 05]20]20Lb Owner (print) Oh Owner (signature) Cem STATE OF NEW YORK ) ss COUNTY OF ERIE ) On this Lo day'of M G — ; 20d y before me, the undersigned, a notary public in and for said state, personally appeared PALO” Cu. (nf (nds a Eé (Mébersonally 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. 4 PAUL 8. WALIER, ESQ. Notary Puplic NOTARY PUBLIC, STATE OF NEW YORK Registration No. 0O2WA5088575 Qualified in Erie County <9 &% Commission Expires November 28, 26 i

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SUPERVISOR Tun at TOWN CLERK Charles D. Snyder AUT Ola Jeanne H. Viger (716) 652-7590 SYN (716) 652-3280 csnyvder@townofaurorany. gov — [email protected] TOWN OF AURORA Aurora Municipal Center 575 Oakwood Avenue, East Aurora, NY 14052 www.townofaurorany.gov TOWN COUNCIL MEMBERS Ajlison Cullens & Carissa Ferrucci Jessica B. Armbrust 130 Culver Rd Buffalo, NY 14220 [email protected] Benjamin T. Garvey June 23, 2026 [email protected] Joseph M. McCann RE: V/L Underhill Rd SBL: 188.00-1-6.34 im [email protected] Ms. Cullens & Ms. Ferrucci, Raymond M. Wrazen [email protected] The Building Department has reviewed your request to construct a residence on Underhill Rd, SBL: 188.00-1-6.34. The request has been denied because it fails to meet the SUPT, OF HIGHWAYS requirement for the side yard setback in the Rural Residence (RR) Zoning District in David M. Gunner which it is located. The proposed in-law apartment is not an allowed use in the RR ; (716) 652-4050 Zoning District and use variance is required. [email protected] CODE ENFORCEMENT _ The primary street is Underhill Rd, and the proposed residence meets the front yard _ OFFICER setback requirement on Underhill Rd. Town Code Section 116-8.4F(3) allows for the Elizabeth Cassidy —_ secondary street, in this case Blakeley Rd, to have a 45’ front yard setback and the -759] . . . buildine@ own fon proposed residence meets this requirement also. ASSESSOR Section 116-8.4G(1) Stephen R. Pigeon Requirement: A side yard setback for a principal building a minimum of 20’. (716) 652-0011 Requested: Side yard setback of 15.086’ [email protected] . 5 Variance: 4,914 DIR. OF RECREATION Christopher Musshafen The unenclosed side porch meets the requirements of Town Code Section 116-28E . (716) 652-8866 —_ provided the above variance is approved and the porch remains unenclosed. [email protected] TOWN ATTORNEY This letter serves as notice that we have received the application and fee for the Zoning Brigid M. Maloney Board of Appeals. You will receive notification from the Town Clerk with the date and a time of the next available hearing. If you have any questions, please contact our office at TOWN JUSTICE 652-7591. Jeffrey P. Markello James Granville Sincerely, _ 7 HISTORIAN Robert L. Goller (716) 652-7944 q liza Le eassid [email protected] Code Enforcement Officer FAX: (716) 652-3507 This institution is an equal opportunity provider and employer.

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AD. (66' WIDE ) UNDEREILL z ‘2 bi) me Z 393.16" - N 87°49'00" W —~ Fe C y | PIN PARALLEL WITH SOUTH LINE LOT 12 — 92.89" Tao'og" w™ g 5 iN % 2 VACANT LOT \ 5 2.6764 ACRES PARALLEL WITH THE WEST LINE OF LOT 12 —""J uw Ey Sb 2S osc ZN £3 SOUTHWEST CORNER Pi 2 ‘SOUTH LINE OF LOT 12 590.50" c > EO S 87°49'00" BLAKELEY eme, RD, NOTE: THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF AN UPDATED NOTE: tis survey MAP IS VALID ONLY FOR THE DATED INTENT. ABSTRACT OF TITLE AND [S SUBJECT TO ANY STATE OF FACTS THAT MAP IS NOT VALID ANO VOIDS ALL LIABILITY WITH UNAUTHORIZED REPRODUCTION, MAY BE REVEALED BY AN EXAMINATION OF SUCH. ALTERATION AND/OR ADDITION TO THIS SURVEY MAP. IT IS A VIOLATION OF SECTION 7209, PROVISION 2 OF THE NEW YORK STATE EDUCATION LAW, ©2025 Landmark Land Surveying Co. Successor to the Records of: All Rights Raserved Nawton Land Surveying... Est 1995 PL. Est, 1981 I Over 100 years of Records Est 1989 Eat, 1988 ANDMARK Est, 1860 Est 1855 AND SURVEYING CO. Est 1955 ™ Est 1855 Est. 1950 PO Box 182+ Sanborn, NY 14132 Eat, 1048 Niagara County (716) 731-4080 5. (718) 71-4499 loutiston, & G. Houteton,Reekientia! Est 1908 & Commerclal Erie County (716 ) 854-6338 . Licensed in the State of New York end Florida |. asaya TOWN OF AURORA COUNTY OF ERIE NEW YORK UNLESS EMBOSSED WITH PART OF LOT - 12 TOWNSHIP - 9 RANGE - 6 HOLLAND LAND CO. REF, DEED L.11289 P.2490 SBL # 188.00-1-6.34 SCALE 1° = 120° JOB # 2250210 DATE : 6/12/2025

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eset tt io" :—{ COVERED PATIO . sereDRep CELN ¥ oF unoou Rotten . rots dor, Rely: ty st arse aeeser pe oe eee Tan cc! a | ¥ SELVES — om [aj| BEDROor <3 ler poe SLECTRIG PADPLACE OFFICE fo! BCORBHELYER tot CF ie MASTER ‘SHELVES BEDROOM ‘ormiona. fama Doan OPEN Fe LN, pre sar wae ete oF 7 yen ey et DRO? AREA q IN-LAW 4 3 . BATH ‘ 2 2 ra = atest e ei Yawat 21g zc) Toot || i. (/ 4r= =a) * te es I za S (A a n GARAGE . FLOM CONCEPT © TO COMPLETION ... a DESIGN 4 DRAFTING SERVICES : we r SW Se Ae WILLIAM D. PEARCE JR IN-LAW 3 =f ATTICA, NEU YORK PHONE OK) SOTloTs WS pa Zz LeiumoateD Ai temanol OF ZODMEH TO THE {9a, =o a A : | By r ; r ary NEW RESIDENTIAL CONSTRUCTION FoR: CARISASA FERRLICH & ALLISON CLLLENS UNPCRIULL & BLAKELOY RD! AURA Ny. DRAWING: FLOOR PLAN BASEMENT WALL HEIGHT 3 MAN FLOOR WALL HEIGHT: lo'] JUAST REVISION DATE: IN-LAW WALL HEIGHT: 8 BEVIS LIVING AREA: 3238 SF, [SCALE Due No.. IN-LAW AREA: Ted SF. [anet-o" lori

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| Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing of Part 1. Responses become part of the project sponsor is responsible for the completion Part 1 — Project Information. The applicant or verification. Complete Part 1 based on to public review, and may be subject to further application for approval or funding, are subject respond to any item, please answer as research or investigation would be needed to fully information currently available. If additional thoroughly as possible based on current information. e will be needed by or useful to the e any additional information which you believ Complete all items in Part 1. You may also provid to supplement any item. lead agency; attach additional pages as necessary Part 1 — Project and Sponsor Information Allison Cullens and Carissa Ferrucci Name of Action or Project: Underhill and Blakley map): Project Location (describe, and attach a location 4460 Underhill Road, East Aurora, NY 14052 Brief Description of Proposed Action: propsoed home dsign the most practical and elevations and grade of the property make the We are requesting the variance because the natural phy, the home is being designed with a walk out basement that works with the elevation reasonable optionfor the site. Due o the existing topgra backyard, rather than a side yard This allows for us to have a ive grading or alterations of the property. changes of the lot rather than requiring excess that works well with our home design. e famly home and that is its intended use. The purpos to include an in-law suite. The home is a single The reason for the use variance is for the home when the time arises. if needed, of the in-law suite is solely to care for family, comprehensive plan. Assisted Dwelling Units ("ADU") are in the new Telephone: 716-343-0280 Name of Applicant or Sponsor: E-Mail: ferruccici @gmail.com | Carissa Ferrucci, Allison Cullens Address: 130 Culver Road State: Zip Code: City/PO: - INY 14220 Buffalo NO YES tive adoption of a plan, local law, ordinance, 1. Does the proposed action only involve the legisla administrative rule, or regulation? that [| proposed action and the environmental resources If Yes, attach a narrative description of the intent of the questi on 2. to Part 2. If no, continue to may be affected in the municipality and proceed NO YES Agency? approval or funding from any other government 2. Does the proposed action require a permit, If Yes, list agency(s) name and permit or approv al: | 4} | — ? 2.68 acres 3. a. Total acreage of the site of the proposed action 0.7 acres b. Total acreage to be physically distur bed? properties) owned c. Total acreage (project site and any contiguous 2.68 acres or controlled by the applic ant or projec t sponso r? or near the proposed action: 4. Check all land uses that occur on, ate adj oining [_] Industrial [[] Commercial Residential (suburban) [_] Urban [-] Rural (non-agriculture) [_] Agriculture [] Aqatic [J Other(Specify): [| ¥orest [__] Parkland SEAF 2019 Page 1 of 3

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NO YES N/A 5. Is the proposed action, a. A permitted use under the zoning regulations? LJ ZIRININ 2) O18| Osi b. Consistent with the adopted comprehensive plan? landscape? minant character of the existing built or natural 6. Is the proposed action consistent with the predo YES it adjoin, a state listed Critical Environmental Area? 7. Is the site of the proposed action located in, or does Cl If Yes, identify: YES se in traffic above present levels? 8. a. Willthe proposed action result in a substantial increa OW near the site of the proposed action? b. Are public transportation services available at or ed routes available on or near the site of the propos c. Are any pedestrian accommodations or bicycle action? YES code requirements? 9. Does the proposed action meet or exceed the state energy be design features and technologies: If the proposed action will exceed requirements, descri NO | YES public/private water supply? 10. Will the proposed action connect to an existing If No, describe method for providing potable water: LI NO | YES ater utilities? 11. Will the proposed action connect to existing wastew treatment: If No, describe method for providing wastewater Septic system site, or district ntially contiguous to, a building, archaeological 12. a. Does the project site contain, or is it substa [S||é by the of Historic Places, or that has been determined which is listed on the National or State Register eligibl e for listing on the tion and Historic Preservation to be Commissioner of the NYS Office of Parks, Recrea State Register of Historic Places? IN in or adjacent to an area designated as sensitive for b. Is the project site, or any portion of it, located vation Office (SHPO) archaeological site inventory? archaeological sites on the NY State Historic Preser contain sed action, or lands adjoining the proposed action, 13. a. Does any portion of the site of the propo SiiIsié , state or local agency ? wetlands or other waterbodies regulated by a federal or encroach into, any existi ng wetland or waterbody? b. Would the proposed action physically alter, of alterations in square feet or acres: If Yes, identify the wetland or waterbody and extent

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project site. Check all that apply: occur on, or ate likely to be found on the 14. Identify the typical habitat types that Early mid-successional [_]Shoreline [_| Forest rT] Agricultural/grasslands [_] []Wetland [7] Urban |v] Suburban listed by the State or in any species of animal, or associated habitats, 15. Does the site of the proposed action conta joo OeiOle BINISIE ISIC gered? Federal government as threatened or endan ear flood plan? 16. Is the project site located in the 100-y YES oint sources? water discharge, either from point or non-p 17. Will the proposed action create storm If Yes, nt properties? a. Will storm water discharges flow to adjace storm drains)? ted to estab lished conveyance systems (runoff and b. Will storm water discharges be direc If Yes, briefly describe: in the impo undment of water NO | YES ruction or other activities that would result 18. Does the proposed action include const lagoon, dam)? or other liquids (e.g., retention pond, waste If Yes, explain the purpose and size of the impo undment: LI NO | YES or an adjoining property been the location of an active or closed solid waste 19. Has the site of the proposed action - management facility? If Yes, describe: Ca NO | YES an adjoining property been the subject of remediation (ongoing or 0.Has the site of the proposed action or oo completed) for hazardous waste? If Yes, describe: a ACCURATE TO THE BEST OF ON PROVIDED ABOVE 1S TRUE AND ICERTIFY THAT THE INFORMATI MY KNOWLEDGE Date: )S | Al | 2,024, ee ZZ Aljison Cullens, Carissa Ferrucci ’] Title: Owners CC a Signature: he Ce ee PRINT FORM Page 3 of 3

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PLEASE RECORD. AND RETURN TO: This Indenture Made the ‘| day of September, Two: Thousand and Twenty-Five Between Grantors: John C. Radford and Emilee Radford F/K/A Emilee Morlock With an address of 1150. Underhill Road, East.Aurora, New York 14052 and enA Car ssa Ferru Cc Tenanhs lor the tnh “ Grantee: Allison R. Cullens ch With an address of 130 Culver Road, Lower, Buffalo, New York 14052 & More) lawful Witnesseth that the Grantors in consideration of one and more Dollar(s). ($1.00 and release unto the Grantee money of the United States, paid by the Grantee does hereby grant and her heirs and assigns forever, “A”, which is All That Tract or Parcel of Land, hereby conveyed is described. as Schedule attached hereto and made a part hereof. the Grantors in and to the said Together with the appurtenances and all the estate and rights of premises. Grantee, her heirs, and assigns To have and to hold, the above granted premises. unto to the said forever. And the said Grantors do covenant with the said Grantee as follows: First. — That the Grantee shall quietly enjoy the said premises. premises. Second. — That the Grantors will forever WARRANT the title to said of the lien law. Third, — Subject to the trust fund provisions of section thirteen made to defraud creditors. This conveyance will not render the Grantors insolvent nor is DEED RESTRICTIONS: THE SUBJECT LOT THE GRANTEE ACKNOWLEDGES AND ACCEPTS THAT CT TO THE FOLLO WING RESTRICTIONS: CONVEYED HEREIN SHALL BE SUBJE DATE OF THE FILING OF FOR A.TEN (10) YEAR PERIOD EFFECTIVE FROM THE ON OR PLACEMENT OF THIS DEED THERE SHALL BE NO CONSTRUCTI ‘HOMES , SINGL E-FAMILY RANCH- BARNDOMINIUM RESIDENCES, MODULAR THAN SIXTE EN HUNDR ED (1,600) SQUARE FEET OR STYLE HOMES SMALLER TWO THOUSAND SINGLE-FAMILY COLONIAL-STYLE HOMES SMALLER THAN OR OUT BUILD INGS. (2,000) SQUARE FEET EXCLUDING GARAGES s” and “Grantees” whenever the The terms “Grantor” and “Grantee” shall be read as “Grantor sense of this deed-so requires. day and year first above In Witness Whereof, the said Grantors have set their hand and seals the written. [BALANCE OF PAGE LEFT BLANK INTENTIONALLY, SIGNATURE PAGES TO FOLLOW]

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In Presence of: John CS Radford State of New York ) County of Erie) ss. Wi in the year 2025, before me, the undersigned, personally appeared John C. Rad. ord, 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/she executed same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalfof which the individual acted, oh ons the inst: (dl Notary Arr Hous ANNA MARIA DOLINA NOTARY STATE OF NEW YORK PUBL! Ic COUNTY Lic FA DO0025397 COMM, EXP. 05/31/2028

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In Presence of: Emilee Radford F/K/A Emilee Morlock State of FLORIDA ) County of iy iale Vn 5 ) ss. On the Oly day of Octo in the year 2025, before me, the undersigned, personally appeared me on the basis of Emilee Radford F/K/A Emilee Morlock, personally known to me or proved to subscribed to the within instrument and satisfactory evidence to be the individual whose name is on the that by his/her signature acknowledged to me that he/she executed same in his/her capacity, and pesson upon behalf of which the individual acted, executed the instrument. instrument, the individual, or the SP°F5%, _ANGELAGENTILE-SMITH iff) ie: MY COMMISSION # HH 515035 SEES «EXPIRES: April tt, 2028 *

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SCHEDULE A LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Aurora, County of Erie and State of New York, being part of Lot No. 12, Township 9, Range 6 of the Holland Land Company's Survey, described as follows: BEGINNING at a point in the center line of Blakeley Road, at its intersection with the center line of Underhill Road, said point being the southwest corner of Lot No. 12; thence south 87° 49" 00" east along the south line of Lot No. 12 (being also the center line of Blakeley Road), a distance of 590.50 feet to a point; thence north 00° 00' 00" east and parallel with the west line of Lot No. 12, a distance of 160.54 feet to a point; thence north 81° 00° OO” west, a distance of 192.89 feet to a point; thence north 14° 00! 00" west, a distance of 27.62 feet to a point; thence north 87° 49! 00" west and parallel with the south line of Lot No. 12, a distance of 393.16 feet to a point in the west line of Lot No. 12; thence south 00° 00' 00" west along the west line of Lot No. 12 (being also the center line of Underhill Road), 210.00 feet to the point of beginning. Premises commonly known as Vacant land on Underhill Road, Aurora, NY

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