1776 BLAKELEY ROAD (full text)

284 B/2o/ee CES | CASE NO. _| G4 | FY downed 3 DATE OF HEARING SI 20(2 Town of Aurora Zoning Board of Appeals 575 Oakwood Avenue, East Aurora, New York 14052 Zoning Board of Appeals Application Form l. TYPE OF REQUEST XK AREA VARIANCE SPECIAL USE PERMIT USE VARIANCE INTERPRETATION ll. APPLICANT/PETITIONER — Applicant's Name TCobvr t Sanne ster Address__{ 7 76_ Blakeley Corners lgoad’ ciy “ast Aavoera 7” State A} Y ZIP / YSIS DW Phone _7/6- 740-97 (8& Fax Email_j-pher t bann @ Yohed.coam Interest in the property (ex: owner/purchaser/developer) Oinlv— ill. PROPERTY OWNER INFORMATION ((f different from applicant information.) {<e bert G Lor i 54 Wn) S te “> Property Owner(s) Name(s) Address (776 Bie@leeley Cyrnevs WeOdk | ciy £ne+ Auemd& ( State VY zip J4YOS 2. Fax Phone 7/4 = 440-7908 Email heberthovn © io hte» Com lll. PROPERTY INFORMATION Property Address mine Ela be ley Civ nevs 124 SBL# —_ / Property size in acres Y.TDE Property Frontage in feet__2 S72 Zoning District j ourrounding Zoning Current Use of Property Hy Nes t CAG IV. REQUEST DETAIL (check all that apply) Gi lp ld LOD ly imy § te be b o “ TOA (16-284 Variance from Ordinance Section(s) # ___ Special Use Permit for: ____ Use Variance for: ___ Interpretation of

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 Robert Bannister Print name of Applicant/Petitioner State of New York; County of Erie On the day of J uly in the year 20vt 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 purposes therein stated. Ze Notary Public. ERIK URBANK (Notary stamp) Notary Public, State of New York Qualified in Erie County Reg. No. 01UR0038747 My Commission Expires June 25, 20.2.4 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

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) Reauest a Ve@MAQnee +e dlow two sHone ; AA oeiwvay felimns + ex ceed de heh | oe dhe rec] fence. Lolyamns +» bv 3’%3' eK Ss’. photo hac been prev, Ae. The _foltvunt will ey hance He wu ntes re perty yak A pplarin ee and htgh bu 4rol 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)

Town of Aurora Zoning Board of Appeals 575 Oakwood Avenue Application East Aurora, NY 14052 Owner Authorization www.townofaurora.com 112. 6 Blalte le, Rd. [EB My... 452. identified as Tax Map (SBL)#../ S10 0-5-5 e y hereby authorizes ... | ‘veet Bann a fa- ... 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. Robert Bannister of [17 [26 Owner (print) Date Owner (signature STATE OF NEW YORK ) Ss COUNTY OF ERIE ) On this day of ,20___, before me, the undersigned, a notary public in and for said state, personally appeared , 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. Notary Public

SUPERVISOR \N Tiuinot TOWN CLERK Charles D. Snyder Jeanne H. Viger (716) 652-7590 > \ N Y. (716) 652-3280 csnyder(@townofaurora.com townclerk(@townofaurora.com TOWN OF AURORA Aurora Municipal Center 575 Oakwood Avenue, East Aurora, NY 14052 www.townofaurorany.gov TOWN COUNCILMEMBERS June 23, 20 26 Jessica B. Armbrust jarmbrust@townofaurorany. gov Robert Bannister 1776 Blakeley Road Joseph M. McCann East Aurora, NY 14052 imecann(@townofaurora.com Raymond M. Wrazen [email protected] Robert, The Building Department has reviewed your request for the installation of two (2) 62” SUPT. OF HIGHWAYS David M. Gunner high stone pillars/columns on each side of the driveway that are in association to the (716) 652-4050 fencing that will be installed in the front yard at 1776 Blakeley Road. The request has highway(@townofaurora.com been denied because it fails to meet the requirement for fence height in the Rural Residential (RR) zoning district in which the proposed fence will be located. CODE ENFORCEMENT OFFICER Elizabeth Cassidy (716) 652-7591 Sections 11 6-28A [email protected] Required: A wall or fence not over 3 1/2 feet (or 42”) high in any front yard or side-street side yard, subject to § 116-38. ASSESSOR Stephen R. Pigeon Requested: 62” to the top of the pillars assessor(@townofaurora.com Variance: 20” (716) 652-0011 DIR. OF RECREATION Christopher Musshafen This letter serves as notice that we have received the application and fee for the Zoning (716) 652-8866 Board of Appeals. You will receive notification from the Town Clerk with the date and [email protected] time of the next available hearing. If you have any questions, please contact our office at 652-7591. TOWN ATTORNEY Brigid M. Maloney Sincerely, TOWN JUSTICES Jeffrey P. Markello James F. Granville HISTORIAN Robert L. Goller AssistantC ode Enforcement Officer (716) 652-7944 [email protected] FAX: (716) 652-3507 This institution is an equal opportunity provider and employer.

ZONING BOARD OF APPEALS APPLICATION FORM AND INSTRUCTIONS Please Read Carefully The Zoning Board of Appeals (ZBA) has the power to issue interpretations of the Zoning Ordinance and to grant area variances, use variances and use permits. Application requirements: 1. Prior to seeking a variance from the ZBA, the Applicant/Property Owner must receive a denial from the Building Department for a building permit, a decision from the Code Enforcement Officer, or a referral from the Planning Board or Town Board. 2. Completed applications must be submitted by the second Monday of the month prior to the next scheduled meeting of the ZBA. The ZBA meets the third Thursday of each month. a All applications must be accompanied by the proper application fee. ZBA application fee is $100.00. Checks made payable to Town of Aurora. 4, lf the applicant/petitioner is not the property owner, an owner authorization form must be submitted. D. Submit one (1) original and ten (10) copies of the following information: spens 12 ec. Y“oroL se . Oe: ZBA application with all questions answered. Are 2 Petitioner's letter of intent. pho of Sketch, drawing, plan or brochure showing all dimensions of the structure that requires a variance | and any other information as may be necessary (ex: photos of the property). / Survey prepared by a licensed surveyor, licensed architect or professional engineer showing the property involved and the location of all existing structures and proposed structures. All setback measurements must be shown on the survey. oA site plan showing the proposed structure and all dimensioning including distance from property lines and roadways, driveways, wells, septic, drainage ditches and any other features relevant to the variance being requested. 6.“Copy of property deed. wv Short Environmental Assessment Form (SEQRA) — Part | completed by applicant. Incomplete applications will not be accepted for review. Attendance at the Hearing: The property owner, applicant, owner/applicant’s attorney, engineer and/or architect or a duly authorized person must attend the public hearing.

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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: Danni ster Frout Feuce Project Location (describe, and attach a location map): Rel La of furor, juy L776 Bla ke ley Corners Brief Description of Proposed Action: Tustalling two aki ceway columns Name of Applicant or Sponsor: Telephone: 7 / {- Lf 4 )- 9 df / Pp Ko bee ¢ Banus te a E-Mail: phar thaun ‘a Address: al keley Corners Web 10. .€o YVahoo L6WiW 1976 Bla —) City/PO: State: Zip Code: _ Pact uv 0v9 , ¥ /'405 2 1. Does 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 pa [| 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 YES DA ah beor mnie If Yes, list agency(s) name and permit or approval: 3. a. Total acreage of the site of the proposed action? Li) S acres b. Total acreage to be physically disturbed? Bb _ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? if ; 7 4 acres 4, Check all land uses that occur on, are adjoining or near the proposed action: [] Urban a (non-agriculture) [_] Industrial [-] Commercial CO Residential (suburban) [_] Forest [-] Agriculture [] Aquatic [J Other(Specify): [_] Parkland ge | of 3 SEAF 2019

5. Is the proposed action, S| 4/11 /s|\O) § rol 4 a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? SKI c. Are any pedestrian accommodations or bicycle routes available on or near the 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: S| 10. Will the proposed action connect to an existing public/private water supply? [6 If No, describe method for providing potable water: Is] 11. Will the proposed action connect to existing wastewater utilities? YES NC If No, describe method for providing wastewater treatment: ra 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 RGIS: 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 wetlands or other waterbodies regulated by a federal, state or local agency? SIE 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: D- mee, CY oo ft” rave ae 2 Of 3

14. Identify the typical ne (RK es occur 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 [s{|8| Lal | ONE Federal government as threatened or endangered? 16. Is the project site located in the 100-year flood plan? EN 5 Cs ‘* 17. Will the proposed action create storm water discharge, either from point or non-point sources? Z If Yes, RSIS a. Will storm water discharges flow to adjacent properties? N 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 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 management facility? If Yes, describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or Z, e) completed) for hazardous waste? If Yes, describe: MS I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF 7 Eee MY KNOWLEDGE Applicant/sponsor/name: ko aa ba i oe = ler Date: Ob 117 Jag Title: O Ly W Ci Signature:

INSTRUCTIONS(RP-5217-PDF-INS); WwWw.orps.state.ny.us FOR COUNTY USE ONLY e . Now York State tel C1. SWIS Code | | e o,, ip 4 | Taxation and Finance G2, Pate Deed Recorded | 1 ob f Le (O2 g7| Office of Real Property Tax Serviess “aio ‘2 | RP- §217-PDF C3. Book i | \ 3, 7] | [C4. Page | 7,0,34 | Real Property Transfer Report (8/10} PROPERTY INFORMATION | —_ 1.Property 1776 Location lates Renteemengeuptnreemmnmenntate Blakeley Road _ SR aa n> * STREET NUMBER ter * STREET NAME STEN 2a@€ Aurora 14052 TS CHTY OR TOWN VILLAGE * ZIP CODE 2. Buyer Bannister Robert Name D., rT EET Oe “FIRST NAME Bannister Lori D. LAST NAME/OOMPANY FIRST NAME — 3. Tax indicate where future Tax Bills are to be sent oe —_OA AN ey ida other than buyer addresa(et bottom of form) LAST NANEICOMPANY FIRST NAME RD SOR’S STREET NUMBER AND NAME CITY OR TOWN STATE = BP CODE too i. . ~ 4, Indicate the number of Assessment =] Part ofa Parcel {Ortly if Part of a Parcel) Chack as they apply: Roll parcels tranafe the deod ____# of Parcel on rred Parcels oR a 4A. Planning Board with Subdivision Authority Exists, [] Seed = 289 754 OR Bas. . STP Aar Oe k 5 “os 8 wees Property = ont Fast x Sey OR _4.80 42 4B, Subdivision me Approval was Required “ for Transfer’ ¥ 8" =" "4 va uth [Tes D 4, Parcel Approved for Subdivision with Map Provided CF Ji6 (Ze Bienias Thomas J. 6. Seller ee * LAST LAST NAME/COMPANY MAMBICOMPANY a IRSTNAME FIRST NAME ners Bienias Barbara A. LAST NAME/COMPANY PIT WAME 7, Selectthe description which moet accurately describes the Gheck the boxes below as they apply: . wt ute of the property at the time of sale: 8, Owners Type ls Candominium hip CAN 9 | 2021 A. One Family Residential 9. New Construction on a Vacant Land fs as [] 40A. Property Located within an Agricuttural District 4108, Buyer receiveda disclosure notice Indicating that the propertyia in an Agricutural District (J [SALE INFORMATION] 16. Check one or more of theae conditions as applicable to transfer: |_| A. Sala Between Relativ or Former Relatives es 44, Sale Contract Date 10/10/2020 |_| 8. Sale between Related Companies or Partners in Business, ° _| ©. Oneof the Buyers is also a Seller * 42, Date of Sale/Tranafer 121e/2020 )@ lle Sie) | D. Buyer or Seller is Goverment Agency or Lending Institution : | &. Deed Type not Warranty or Bargain and Sale (Specify Below) “43, Full Sale Price ___| F. Sele of Fractional or \.esa than Fae Interest (Specify Betaw) 559,500 00 |_| G. Significant Change in Property Between Taxable Status and Sale Detas ( Fullu Sale Price ist) the total amount paid for(s) the property Including personal property . SE L er arte la chee fy Melis — This payment may be in the form of cash, other property or goods, or the assumption of r J. None ena aaa Sale Price ( Below) morigages or other obligations.) Please round fo the nearest whole dollar amount. Comment(s) on Condition: the velus of personal 14. indicate 0 property inchidedin the sale 00 ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill | 16. Year of Assessment Rol from which information teken(YY} 20 “17. Total Assessed Value 154,300 “18. Property Class 210 _ *19. School District Name Bast Aurora Union “20. Tax Map fdentifisr{s}/Roil Identifier(s) (If more than four, attech sheet with additional identifter{s)} 187~3-8.12 CERTIF ICA TON | Fog ae ae atoms of Information entared on this form are true and correct (to the best of my “fa e statement of material fect herein subject me to the provisions of the pena} law relative knowledge and bellef) and | understand that the making of any willful to the making and filing of false instruments, y | BA « - SELLER SIGNATURE (Enter information for the buyer, Note: if buyeris LLC,sociely, association, comoralion, joint stock company, estate or Re \ entity that Is not an individual agent or fiduciary, than a name and Contact a ,? party who can answer questions regarding the transfer mustba entered. infomation of an individualresponaibie & ia Ye Type or print clesrty.) SELLER SIGNATURE DATE Bannister Robert D. re, * LAST NAME FIRST NAME (716) “AREA CODE “TELEPHONE NUMBER (Ex. RIGROB9) 1776 Blakeley Road * STREET NUMBER “ STREET NAME Rast Aurora | NY 14052 “CITY OR TOWN “STATE “ZIP CODE BUYER'S ATTORNEY DiFilippo Anthony LAST NAME FIRST NAME (716) 652-9560 AREA CODE TELEPHONE NUMBER (Ex: S2090399} Book11371/Page7041 Extra Page 2

Qot° Warranty Deed with lien covenant from an individual . “AN This Indentur €, made the \ day of Deesnity , 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-nine (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 Duk — ARIMA Ok Qua Book11371/Page7040

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. Lo 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. iA moe Seadelath Pe a a) ls Thomas J. Bréenias a * , ces bag Sy bo NS ern ls Barbara A. Bienias State of New York ). County of Erie ) ss: On_Pecenbs (G, =o 0_, 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. Danie! t. UW) rash’ Notary Public DANIEL E. WISNIEWSK! NOTARY PUBLIC, State of New York Qualified in Erie County My Gommission Expires August 31, 0-6 dA Book11371/Page7041

Michael P. Kearns . Erie County Clerk 92 Franklin Street Buifalo, New York 14202 Sean RIS _ NOTICE To: THOMAS J. BIENIAS FOX CREEK ESTATES, APT. 207 9500 Transit Road: - ____ Bast Amherst, NY 14051 From County Clerk Michael P. Kearns regarding a change in ownership of your property NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY yoTHOMAS J. BIENIAS & BARBARA A. BIENIAS (name of owner of record) Our records show that you are listed as the current owner of record for residenti al property: 187 3 fy 8.12 Section: Block: | Lot: Located At: . 1776 BLAKELY ROAD ‘ ae AURORA (street address) , County of Erie, New York. (city/town} On | 2| 2 Noca0 , documents were filed at this office to change ownership and transfer title of your property (date) To: ROBERT D. BANNISTER & LORI D. BANNISTER (name of new owner) if you have any questions regarding the validity of the documen ts, and wish to dispute the recordin g of the tran you should obtain legal counsel. If you believe you are a victim sfer, of a crime rela ted to this recording, cont law enforcement agency or, if in the act your local City of New York, the office of the sheriff. Book11371/Page7041 Extra Page 1

ERIE COUNTY CLERK'S OFFICE County Clerk's Recording Page aes Book Type: D Book: 11371 Page: 7039 Page Count: 3 Doc Type: DEED Rec Date: 12/24/2020 Pasty 1: Rec Time: 11:37:16AM BIENIAS THOMAS J eae " meee Party 2: Trans #: 20390332 BANNISTER ROBERT D eon oo ig ce Number Recording Fees: Consideration Amount: $59500.00 RECORDING $35.00 COE CO $1 RET BASI $1.00 SONYMA MT - 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 $116.00 ROAD FUND TT $2,238.00 TP584 "$0.00 $10.00 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 (S) 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 ©

Case #1544 Exhibit #_| Date BulZe TOWN OF AURORA ZONING BOARD OF APPEALS 575 OAKWOOD AVENUE EAST AURORA, NEW YORK AUGUST 20, 2026 ROBERT BANNISTER 1776 Blakeley Corners Road East Aurora, NY 14052

PETITIONERS LETTER OF INTENT AND RATIONAL August 20, 2026 Town of Aurora, NY Mr. Ernst, Members of the Town Board of Zoning Appeals. My name is Robert Bannister. I reside at 1776 Blakeley Corners Road in the Town of Aurora. I am proposing to erect two Faux Stone pillars/columns on either side of my entrance driveway. Those pillars/columns will measure 3 foot square by 62 inches high. The top of the pillars/columns will be reinforced concrete measuring 40 inches square by 3 inches thick. Each pillar/column have installed a “dawn to dusk” light fixture measuring 5 inches x 5 inches x 18 inches. Each light will emit a total of 60 lumens, equivalent to a 60 watt light bulb. A facsimile photo (Exhibit A). The foundation for these pillars/columns have been moved back 4 feet from their original location at the request of the Town of Aurora's zoning office (Exhibit B). This relocation cost $1,611.70. As you are aware, my request to install these pillars/columns was denied because they violated Section 116-28A of the Town's Building Code fence height requirement. I am seeking a variance to the code to be able to move forward with this project which I believe will improve, enhance and beautify our property and the neighborhood. This objective has been an ongoing practice for the properties I have owned since locating to the Town of Aurora in 1998. I have done this on the following properties: 1.) 272 Porterville Road: In addition to renovating and painting the home I added a fence similar to the one we are currently proposing on Blakeley Corners Road (Exhibit C). 2.) 66 Pain Street: In addition to renovating and painting the home I removed unsightly and dangerously high Fir trees (Exhibit D). 3.) 186 Elmwood Avenue: In addition to the renovation and painting the home I improved the landscaping. This included removing several large dead Ash trees, unsightly, unkempt overgrown bushes, scrubs and weeds (Exhibit E-1 & 2). I also installed an underground drainage system to alleviate the swampy conditions of the back yard. 4.) 1776 Blakekey Corners Road: First, at considerable expense, I had the unsightly and dangerous ditch running the length of the property filled, graded and planted to new lawn (Exhibit F-1). Second, I removed dozens of dead trees, overgrown bushes and underbrush (Exhibit G 1-2). Third, I removed several Fir trees, one of which was fastened to the overhead utility lines (Exhibit H). Fourth, I have been restoring the stone foundation of the orginal house built in 1860 (Exhibit I). And finally I am building a 3 rail fence with accompanying pillars/columns. Notwithstanding the fact this Zoning Board of Appeals has already graciously allowed me to exceed this height limit for my fence, I feel this requirement might be appropriate in the village, to require the same for country properties seems inapproporate. This observation was confirmed by the Town's zoning staff. Upon filling the original variance, I was informed that this request would “in all probably” be approved because the height requirement for country property was out dated and should be amended.I concur with that statement. ()

My orginal building permit request was submitted February 6, 2026. Today marks the 195 day of seeking permission to futher improve, enhance and beautify this historic property and the neighborhood. The property was orginally purchased from the Holland Land Company in 1826, 200 years ago. The purchasers were Joseph and Salley Blakeley. The road obviously bearing their name. What I am proposing to do contrasts with numerous unsightly/unhealthy properties in the neighborhood. Consequenty it is my hope this variance will be granted. Contrast examples below: 1.) The property directly across the road has been abandoned and neglected for over a quarter of a century (Exhibit J 1-2). 2.) Improperly drained and maintained ditches pose a health risk by providing habitats for varments and misquitos which, among other things, carry diseases such as West Nile Fever (Exhibit K). 3.) Debris/litter and unkempt yards (Exhibit L 1-2). In closing I want to state that dealing with the Town's building department has been an arduous and costly experience. The first instance I was denied a permit to put an addition on my garage at 272 Porterville Road. At the variance hearing two individuals spoke against my request because they felt it would change the “look” of what they called a “historic home”, which they exclaimed they “enjoyed looking at the when they drove by” (sic). I assume their objection was a factor in denying the permit. This denial was a major reason I put our beloved home on the market. This is a sad example of the subtle, yet pervasive and persistent erosion of one's property rights. After this experience I decided not to obtain a permit to install an egress window for the basement prior to listing the house for sale. This decision cost me dearly. When the buyer found out I hadn't gotten a permit to install the window he withdrew his contract. I ended up taking a second offer for a lot less. I expect you have heard property owners make similar statements so I thank you for your time and patience. I urge you to approve this variance request. I'll attempt to answer any questions you might have.

SUPPORTING EXHIBITS Exhibit A: Facsimile Photo of Proposed Pillar/Columns .........c..ccccccccssssseseees 3 Exhibit B: Relocation of Pillar/Column Foundation ....0......cccccsscsssessseeseeeseees 4 Exhibit C: Silimar Proposed Fence (272 Porterville Road) .......ccccceecsesseseees. 5 Exhibit D: Before/After Improvements (66 Paine Street) ...........ccescceseeseeeees 6 Exhibit E-1: Before Improvements (186 Elmwood Ave.) ........cccescesseesseeseees 7 Exhibit E-2: After Improvements (186 Elmwood Ave.) ......c...ccccccssesseessesseeees 8 Exhibit F: Correcting Ditch Health and Safety Hazzards (1776 Blakeley) ..... 9 Exhibit G-1: Before Front Yard Improvements (1776 Blakeley) «2.0.00... 10 Exhibit G-2: After Front Yard Improvements (1776 Blakeley) .........c eee. 1] Exhibit H: Apparent Safety and Zoaning Violation (1776 Blakeley) ............ 12 Exhibit I: Stone Wall Restoration of Original Blakeley Home ..............00c0000 13 Exhibit J-1: Abandoned/Neglected Property Across from 1776 Blakeley ...... 14 Exhibit J-2: Additional Photos of Abandoned/Neglected Property ................. 15 Exhibit K: Improperly Drained and Maintained Drainage Ditches ................. 16 Exhibit L-1: Debris/Litter in Unkempt Neighborhood Yards ..............c:ccsccesee. 17 aed jammed, & a

EXHIBIT A Facsimilie Photo of Proposed Pillar/column iMe Hits lia i) ! i 1 itt iH i ttt ( wi" H i"NF it a i iy Hy |e Waites, e eae i Hoare 4 ccaaaaia iiiit a til ’ ry ee ih i ‘atte Tt ea iid ii, ‘th | ‘get ail mM ra me ; if tt i lh ei + Hy

EXHIBIT B Relocation of Pillar/Column Foundations 4

EXHIBIT C oe Photo of § lar Rail Fence Installed at 272 Porterville Road (5)

EXHIBIT D BEFORE and AFTER Improvements 66 Pain Street F spr AO, EE yet The. ot ~ wd€ “ a % + ] aa Be y a,

EXHIBIT E - 1 BEFORE Photo of Improvements at 186 Elmwood Avenue ‘ & te 3: : EY es 4 pote Bs oes (7)

EXHIBIT E - 2 AFTER Photo of Improvements at 186 Elmwood Avenue Heil} iol % i ¥ (8)

EXHIBIT F Correcting Ditch Health and Safety Hazards ¥ : WR. PY waa Tobie att Pte DO rane) hy

EXHIBIT G - 1 Improv ing, Enhanch ing an d Beautifying 1776 Blakeley Corners Road ee, a’ a i sek TS ae a" . ot Sth ‘= aed 1 Eya i NN Wis | he wi MA: AD Ye fot y nent apd aoe SS (10)

EXHIBIT G- 1 Improving, Enhanching and Beautifying 1776 Blakeley Corners Road AFTER

EXHIBIT H Utility Wires Unsafely Fastened to Tree in Front Yard

EXHIBIT I Restoration of Historic Stone Foundation of Orginal Blakeley House BS FA 7s. ¥ t 13

EXHIBIT J-1 Over 25 Years Neglected Property Direc tly Across From 1776 Blakely Road i ri a0 SR nt me) Pe ~ monn Be eee 14

EXHIBIT J-2 Over 25 Years Neglected Property Directly Across From 1776 Blakely Road ae Say ages 4:3vf ee i Mi 5.4 i a aly late aaa f

EXHIBIT K ys aS a ma we Improperly Dra ined and M aintained Ditches <s a . 5. K \ - a S| as a ae + (16)

EXHIBIT L Debris/Litter and Unkept Yards in Neighborhood ae op qieeey a dewany (17)