QUAKER ROAD (full text)

a - | CASE NO. | HoH towne | Vs Ur ora DATE OF HEARING _4i[(1] 2 Town of Aurora Zoning Board of Appeals 300 Gleed Avenue, East Aurora, New York 14052 Zoning Board of Appeals Application Form |. TYPE OF REQUEST SPECIAL USE PERMIT USE VARIANCE INTERPRETATION X_ _ eexancueenemereast AREA VARIANCE ll. APPLICANT/PETITIONER Applicant’s Name Thomas Kosakowski Address 4175 Martingale Ct State NY ZIP 14052 City East Aurora Phone 716 462 9993 Fax Email [email protected] Condominium Interest in the property (ex: owner/purchaser/developer) President, Polo Grounds ill. PROPERTY OWNER INFORMATION ((f different from applicant information.) Property Qwner(s) Name(s) LeMay (o\o Cvdunas Address Do haley Jf fia State __AN ZIP___ | 40S 2 City oi sk Phone Fax Email ill. PROPERTY INFORMATION Property Address 350 Quaker Rd EastAurora NY 14052 SBL# 175.06-2-1 Property size in acres 16 Property Frontage in feet 283.33 Zoning District R2 Surrounding Zoning #-2 /A/C3 Current Use of Property Residential IV. REQUEST DETAIL . (check all that apply) X__ Variance from Ordinance Section(s) #1 16-98 B (1) } \i— 101 3) ____ 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 ) C ~% a hoki > ke but - Signature of Applicant/Petitioner Thomas W Kosakowski Print name of Applicant/Petitioner State of New York; County of Erie On hooey J in the year 90% 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 ame (Notary stamp) MARGARET C. CALLANAN York Notary Public, State of New Qualified in Erie County 0-2 April 3, My Commission Expires 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) The Polo Grounds Condominium Board of Managers is requesting a variance specifically from Sec 116-98B(1) related to Residential Lighting. We would like an exemption from replacing our existing (49) outdoor lamppost heads to the fully shielded version as specified in Sec 116-101B, when a repair is required. See attached for further request details. 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)

{ y SUPERVISOR TOWN CLERK ry Ne lian of | Charles D. Snyder Jeanne H. Viger (716) 652-7590 (716) 652-3280 cesnyder(@townofaurorany.gov townclerk(@townofaurorany.gov TOWN OF AURORA Aurora Municipal Center 575 Oakwood Avenue, East Aurora, NY 14052 www.townofaurorany.gov TOWN COUNCIL MEMBERS Polo Grounds Condominium Attn: Thomas Kosakowski, President Jessica B. Armbrust [email protected] 4175 Martingale Ct East Aurora, NY 14052 Benjamin T. Garvey bgarvey(@townotauroany.gov August 5, 2026 Joseph M. McCann [email protected] Tom, Raymond M. Wrazen The Building Department has reviewed request for exemption of replacing existing [email protected] lighting fixtures (lamp posts) with fully shielded fixtures. The request has been denied because it fails to meet the code requirements for outdoor lighting fixtures in the Town. SUPT. OF HIGHWAYS David M. Gunner Section 116-98B(1) (716) 652-4050 Requirement: Any outdoor lighting fixture that is replaced, changed, repaired, or [email protected] relocated, in whole or in part, after the effective date of this article shall comply with its CODE ENFORCEMENT provisions. OFFICER Requested: Continued use of existing post light fixtures Elizabeth Cassidy Variance: Continued use of existing post light fixtures (716) 652-7591 [email protected] Section 116-101B ASSESSOR Requirement: All outdoor lighting fixtures shall be fully shielded and aimed straight Stephen R. Pigeon downward. (716) 652-0011 Requested: Continued use of existing post light fixtures which are unshielded [email protected] Variance: Continued use of existing post light fixtures which are unshielded DIR. OF RECREATION Christopher Musshafen (716) 652-8866 This letter serves as notice that we have received the application and fee for the Zoning [email protected] Board of Appeals. You will receive notification from the Town Clerk with the date and TOWN ATTORNEY time of the next available hearing. If you have any questions, please contact our office at Brigid M. Maloney 652-7591. TOWN JUSTICE Sincerely, Jeffrey P. Markello James Granville HISTORIAN Pa Ji Robert L. Goller -CRrivabeth Cassidy (716) 652-7944 Code Enforcement Officer [email protected] FAX: (716) 652-3507 This institution is an equal opportunity provider and employer.

Zoning Variance Request 1. Lampposts and associated lighting have existed for approximately 17 years without incident or complaints from PGC residents. We had our first complaint this year, from a resident that recently moved to our community. We are a “self- contained” condo community, isolated from other Town of Aurora residents; avoiding the potential of “light trespass” to them. 2. New code compliant lampposts would decrease the overall illumination “footprint”, to the areas they were originally designed for. This is the only PGC provided means of outdoor lighting. We have streets at least 4’ narrower than other Town private roads, no sidewalks, and no streetlights. There are currently (10) resident households that have dogs and walk them on our roads regularly, both day and night. Additionally, the average resident age is closely estimated to be between 73- 76 years. We feel as a board complying with this new requirement reduces pedestrian safety, and increases our community’s liability exposure. (see addendum for additional reference) 3. Since we are bound by Sec 8.03 of our By-Laws to “maintain conformance to materials, color and style of common elements, as originally provided by the Sponsor,” our adherence to the new code will place an unreasonable S60K+ financial burden upon our community. = se€& 47TH Hf SEE A TT yc Cs « 7 é

4. We have received an overwhelming positive confidential vote response from PGC residents, in support of our petition for a variance. Per the attached, we had only (1) household that was -_ ue in opposition to our variance request. It should be noted that when the residents in dispute purchased their unit last October, it was supplied with custom installed drapes and blinds. See the attached information from the previous owner. They have = 9&* a stated in writing “we should not have to deploy drapes and blinds to block intense blue-light bulbs”. However, their lamppost fixture never had a 5000K 75w bulb installed in the lamppost that serves their unit. Their correspondence suggests they were speaking on behalf of other PGC residents. The recent community vote does not align with their thinking. 5. However, we will agree to revise our Condo “rules & regs” and maintenance practices, to prohibit 5000K or “daylight” light bulbs in these lampposts. We were slowly installing the “daylight” or 5000K bulbs over the other “soft” or 2700K bulbs due to the ability of the 5000K to offer better color contrast (encouraged by insurance and law enforcement for security). Since illumination levels between daylight and soft is insignificant, we feel the change will not be a detriment to our community. 6. Our variance request is not “substantial”, just allowing us to maintain past practice, with the revision cited above in #5. 7. In our view the human safety/property security factor heavily outweighs the intent of the code revision. Additionally, recent

by the Town of AuroraCode sce “ATTA 4 light readings, conducted °“ Enforcement department, in the most “worse case” scenario, did not exceed Town standards for “light nuisance”. Therefore, it is our position that “blocking” the back side of our four-sided light fixture is not necessary. It deprives residents of the aesthetic effect of illuminating the front of their unit, while creating shadows impacting property security. 8. This situation was not self-created, but rather a new code revision which collides with our existing system of community provided lighting.

AODENDOM Liability & Safety Analysis vs Fully Shielded Lighting Summary-— As a Board of Managers for the Polo Grounds Condominium, our primary fiduciary and legal responsibility is to protect the residents and insulate our community from liability. Our neighborhood consists of 49 established, 7-7.5-foot-tall lampposts illuminating the common areas, including 20-foot-wide roads with no sidewalks or streetlighting. Our residents- with an average age ranging from 73 to 76- must walk directly on the asphalt at dusk and night to walk dogs or go to a nearby neighbor’s home. While “fully shielded” lighting is highly effective on tall commercial highway poles (25+ feet), enforcing it on low-height residential posts creates an immediate safety hazard by blinding drivers to the presence of pedestrians. 1. Physics of Distance: Why full Shielding Creates Blind Spots By international lighting and dark-sky standards, a fixture is only “fully shielded” if it mechanically blocks light from traveling at flat, horizontal angles (80-90 degrees relative to the post). On atall 25-foot municipal streetlight, blocking these flat angles is safe because the light is meant to project straight down. However, given the height of our lampposts, the math changes completely: e The Current Setup: Our lampposts have a solid top that blocks 100% of skyward light pollution. However, the translucent side panels allow light to travel horizontally. When a resident walks 20 feet +/- away from a lamppost, these horizontal rays strike their body, illuminating their chest, face, clothing, and pets as appropriate. They are highly visible to oncoming vehicles. e The fully Shielded Alternative: if we force these lamppost heads to be fully shielded, the internal barriers will completely chop off those horizontal light paths. At 20 feet +/-, the light will pass entirely beneath a pedestrian’s waist. A driver looking down the road will see the illuminated asphalt, but the actual torso and face of the resident will be cast into deep shadow.

2. The Aging Eye and the Danger of Facial Recognition Failure The average age in our community ranges from 73 to 76. Physiological studies show that older adults require significantly higher vertical contrast to distinguish moving objects and recognize faces at night. lf we transition to fully shielded fixtures, at our current lamppost heights, we are drastically dropping the vertical foot-candles (the light that hits a standing body). This creates a dangerous optical environment for seniors: e Inter-visibility Failure: a driver turning a tight corner will not be able to see the upper body of a resident in time to brake. e Security & Anxiety: Residents walking at dusk will no longer be able to recognize the faces of oncoming people, significantly decreasing the actual and perceived security of our private roads. Our current system strikes the perfect balance: our solid top prevents light pollution into the night sky, while our translucent light fixture panels provide the vital horizontal throw needed to keep human bodies illuminated and visible. 3. The Legal Liability of Changing a Proven System From a legal and liability exposure perspective, changing our infrastructure poses a major risk to the Condominium for three reasons: e No History of Negligence: Our current lighting system works well within our local laws (producing no more than 1.23 foot-candles at 10 feet, safely below the municipal 2.0 foot-candle nuisance threshold). In the history of our Condominium, we have had zero lighting-related accidents. e Creating a Known Hazard: If the Condominium modifies these lights to a fully shielded design, and a resident is subsequently struck by a vehicle because their upper body was hidden in a shielding shadow, the Board/Condominium can be sued for creating a known visual hazard. SEE ATTACH HS

e Deviation from Standard Care: Modifying lighting in a community with no sidewalks, where seniors must share the narrow road with vehicles, requires prioritizing pedestrian safety over skyward shielding. Conclusion and Requested Action While we respect the intent of this new lighting code, the fully shielded standard is an engineering mismatch that strips away light from the human body. Our solid top lamppost head design already solves the problem of upward light pollution. To protect our residents from physical harm and to protect the Condominium from catastrophic personal injury liability, we respectfully request we must maintain our current solid-top, translucent sided lamppost system. It is the only configuration that ensures a senior resident on a sidewalk-free road can be seen by their neighbors and oncoming traffic.

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ATTAH #3 -rom: Consuelo Neffc [email protected] Subject: Custom draperies end2 Hunter Douglas Blinds B Sate: Jul 22, 2026 at 8:07: 46 vig To: Kosakowski Thomas« [email protected] Consuelo R Neff sold: 4050 Martingale Court East Aurora NY 14052 to QP October 27, 2025. This sale included custom draperies and Hunter Douglas Blinds ..cost $39,000. The draperies and blinds provided full coverage from the front of the house and street. Consuelo R Neff

Atidcu H+ SUPERVISOR TOWN CLERK Charles D. Snyder Jeanne H. Viger (716) 652-7590 (716) 652-3280 esnyder(@townofaurorany.gov [email protected] TOWN OF AURORA Aurora Municipal Center 575 Oakwood Avenue, East Aurora, NY 14052 www.townofaurorany.gov TOWN COUNCIL MEMBERS July 7, 2026 Jessica B. Armbrust Tom Kosakowski [email protected] 4175 Martingale Ct Benjamin T. Garvey East Aurora, NY 14052 [email protected] Re: Light readings Joseph M. McCann imecann(@townofaurorany.gov Tom and Board members, Raymond M. Wrazen At your request I completed a light reading at the Polo Grounds for the existing post fixture and rwrazen(@townotaurorany.gov differing bulbs. Attached are the readings. None of the light bulbs tested rose to the level of a violation as stated in Town Code. The new section of Town Code for outdoor lighting considers light trespass a nuisance when “1-illuminance at or beyond a property line abutting a residential SUPT. OF HIGHWAYS David M. Gunner parcel exceeds 2 footcandles as measurable from any orientation of the measuring device.” The (716) 652-4050 Town Code is silent on the temperature (Kelvin scale) of bulbs and so it is up to the property owner [email protected] to determine what setting is preferred. As you can see from the readings, the difference between the daylight version and the soft version are minimal. The difference is how the light is perceived. CODE ENFORCEMENT OFFICER The post light fixtures are non-compliant with the new lighting code, which requires all new and Elizabeth Cassidy repaired fixtures to be fully shielded, meaning no light spills up or horizontally from the fixture. (716) 652-7591 Any work on the fixture, other than replacing a bulb, requires the entire fixture to be replaced with [email protected] a compliant fixture. For example, replacing a post, or rewiring the light sensor would trigger the ASSESSOR new code and require an entirely new post light fixture. There is no grandfathering for these Stephen R. Pigeon fixtures. However, the Association could, recommended with a majority vote of the owners, (716) 652-0011 submit a variance request to keep these fixtures when they are repaired. We discussed both the assessor(@townofaurorany.gov safety aspects of the fixtures and the potential replacement cost for the owners and this information could support the request for the variance. There is no guarantee that a variance will be approved. DIR. OF RECREATION Christopher Musshafen My recommendation would be to block the back panel of each fixture to prevent spill back on the (716) 652-8866 houses and install any of the bulbs tested. This would show a willingness to work toward meeting [email protected] the intent of the code while not meeting the letter of it. Additionally, I would also recommend TOWN ATTORNEY discussing the issue with the owners to determine if a variance request is preferred over replacing Brigid M. Maloney all the fixtures. I can provide guidance to the application submission if necessary. TOWN JUSTICE Please contact me with any questions. Jeffrey P. Markello James Granville Sincerely, mn ~ — HISTORIAN Robert L. Goller in (716) 652-7944 << [email protected] Elizabeth Cassidy Town of Aurora/Village of East Aurora FAX: (716) 652-3507 Code Enforcement Officer Cell 716.695.5194 Office 716.652.7591 This institution is an equal Email [email protected] opportunity provider and employer.

ATiadh 44, Mut re rr Light Readings 7/6/2026 —Ap UU - SSE Existing resident installed light \. 1" % ieee Wel 75 W 5000K LED (.23 Fe \ 75W 2700K LED |) 14 & | 75 W 5000K blocked th Ex | 60 W 2700K aaa | 40 W 2700K » Sb Fe _ ug n ai) y— ebl ¥%¢ V Other Measure Options if Needed iB? a An 75 W 2700K blocked (" | 60 W 2700K blocked 60 W 5000K blocked 40 W 2700K blocked 40 W 5000K blocked

From: William Kolkmann [email protected] Subject: PGC - Lighting Code / Zoning Board of Appeals Date: July 17, 2026 at 12:39PM To: Tom Kosakowski kosa4 @icloud.com Cc: Stephen Powell [email protected], Deanna Sornberger [email protected] Tom: As discussed, should any regulatory action result in a mandate that essentially reduces the lighting available throughout Polo Grounds, an increased liability hazard will be created. This new and changed reality and consequent increased hazard may, and theoretically should, be reason for an increase in your liability insurance premiums. BK William E. Kolkmann Lawley | INSURANCE | EMPLOYEE BENEFITS p 716.849.8652 | m 716.432.2992 wkolkmann @lawleyinsurance.com Twitter | LinkedIn | Facebook | News 361 Delaware Ave, Buffalo, New York 14202 Recognized as one of the Top 100 Brokers in the U.S. Please visit our website at www.lawleyinsurance.com. The information in this e-mail and in any attachment is confidential. If you are not the named addressee or if you receive this e-mail in error, any distribution/copying/use of this communication or the information it contains is prohibited. Please notify me immediately by e-mail and delete the message from your computer. While attachments are virus-checked, Lawley does not accept any liability with respect to any virus which is not detected. Please note: Lawley sor io honor any request to bind or affect coverage, alter or amend coverage or terms of any policy, or accept notice of loss via e-mail or voice- mail request.

4G A Tm Melissa 2390 2300 Series Traditional Large Outdoor Post Lighting Fixture Now: $867.24. Available in Old Iron, Black. Old Copper, Old English, Old Bronze Measures 10.25 inches wide, 21 inches tall Wet rated Uses 1 150w Edison bulb(s) $867.24 - @ In stock - Free delivery - Free 30-day return Missing: BK | Show results with: BK + upekade fee = #(087, 2° (iwelvoes Tax)

7 Atiaw # (716) 207-8425 www.thepropertybutler.net [email protected] 2861 Southwestern Blvd #2, Orchard Park, NY 14127 4175 Martingale Ct_1616 Thomas Kosakowski The Polo Grounds 07/14/2026 (716) 462-9993 4175 Martingale Ct [email protected] East Aurora, New York14052-2178 Project Summary: Estimate LANTERN REPLACEMENT PROJECT (ALL HOA) 49.00 $200.00 $9,800.00 - Assess front yard lanterns throughout HOA to determine best removal and install process needed. - Disassemble lanterns from existing post by removing all set screws and hardware that secure each in place. - Disconnect existing electrical line, cap it off until new top is ready or install. - Unbox and assemble new lantern tops as needed. - Hook up existing electrical lines and tie lines together using wire nuts and electrical tape. - Mount new lantern top to existing lamp post and secure using all included set screws and hardware. - Adjust lantern top as needed and install bulbs. - Test lantern is in good working order. - Cleanup any leftover materials, tools, and debris. - Ensure customer is fully satisfied. - Note: This estimate does not include any materials, just labor. - Note: This estimate does not include any repair of faulty electrical issues or issues on lamp post or base. - Note: This estimate is subject to change after assessment of 1st lamp post. - Note: This estimate does not include any building or zoning permits needed. Sales Tax 8.75% $857.50 50% Deposit REQUIRED over $1,000.00 $9,800.00 $857.50 $10,657.50 - 07/14/2026 Signed By: Thomas Kosakowski Thank you for the opportunity to serve you. At The Property Butler, we take pride in delivering tailored solutions for your home. Please note, this quote is subject to change if substantial adjustments become necessary. \AIE MOANJERI BRERA ARAM SS. MALT OS mssblacer mete Peco AR Mawelwal Preawke BIW FAD

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Short Environmental Assessment Form Part 1 - 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: Lamppost Variance Request Project Location (describe, and attach a location map): 350 Quaker Rd, East Aurora, NY 14052 Brief Description of Proposed Action: The Polo Grounds Board of Managers is requesting a variance from Sec 98 B(1) related to updating our (49) outdoor lamppost heads to fully shielded code compliant versions, as specified in Sec 116-101B. Name of Applicant or Sponsor: Telephone: 716 462-9993 TSth IkeSanaient E-Mail: {9544 @icloud.com Address: 4175 Martingale Ct City/PO: State: Zip Code: East Aurora NY 14052 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, YES administrative rule, or regulation? IGMSIE 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. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? ; If Yes, list agency(s) name and permit or approval: 3. a. Total acreage of the site of the proposed action? 16 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? 16 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: [[] Urban [[] Rural (non-agriculture) [2] Industrial [[] Commercial Residential (suburban) [J] Forest [[] Agriculture [-] Aquatic [[] Other(Specify): [__] Parkland Page | of 3 SEAF 2019

5. Is the proposed action, N/A LIN) é 4/3) 8/00) & a. A permitted use under the zoning regulations? N eiNiO b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 4) IN| 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? E iF 2) -< If Yes, identify: LI s|LIIN ES ~< 8. a, Will the proposed action result in a substantial increase in traffic above present levels? aN OO b. Are public transportation services available at or near the site of the proposed action? 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: NI LI 10. Will the proposed action connect to an existing public/private water supply? NO | YES If No, describe method for providing potable water: 7] 0 11. Will the proposed action connect to existing wastewater utilities? NO | YES 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 Bie N\é which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? NJ a 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? NIN joe 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: Page 2 of 3

14. Identify the typical habitat types that 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 YY] Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or YES Federal government as threatened or endangered? N 4/2 KUO )2)O |) HON) 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, 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 NO | YES or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: y 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: LJ 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: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: _Tom Kosakowski Date: July 15, 2026 Signature: nk ZL L Title: President Poloo Grounds Condominium | PRINT FORM Page 3 of 3

f Pee a RP PhO PPV © WVEFTCIN VVINIEEEING UN CURIVI INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY PA) aie) y fess tn d C1. SWIS Code Es re OD ES ae ae Sees Oe Fitts ; iene C2. Date Deed Recorded ie, 3 BOARD OF REAL PROPERTY SERVICES | 8 a] oat | a c: BS cae _ Month Day Year iy C3. Book | te Pee if 8S Cone | C4. Page| : a eet Ene d | RP - 5217 RP-5217 Rey 3/97 PROPERTY INFORMATION | 1. Property 350 | Location STREET NUMBER Seal ay CITY OR TOWN VILLAGE ZIP CODE 2.Buyer | = LEGACY POT, | | Name LAST NAME / COMPANY FIRST NAME LAST NAME / COMPANY FIRST NAME | 3. Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address (at bottom of form) | | Addréss LAST NAME / COMPANY FIRST NAME STREET NUMBER AND STREET NAME CITY OR TOWN | STATE | ZIP CODE | 4 . Indicate the number of Assessment (Only if Part of a Parcel) Check as they apply: i _~ | # of Parcels OR || Part of a Parcel [I Roll parcels transferred on the deed | 4A. Planning Board with Subdivision Authority Exists 5. Deed | | | | | 4B. Subdivision Approval was Required for Transfer LI Propert y moe ae Nraaaa x a OR 1 ! \ ACRES ; : ivisi 4C. Parcel Approved for Subdivision j Map with i Provided [| 6. Seller Rania |_ 220 G LAST NAME / COMPANY | FIRST NAME | LAST NAME / COMPANY FIRST NAME | 7. Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: 8. Ownership Type is Condominium [| A || One Family Residential E Agricultural I Community Service 9. New Construction on Vacant Land [| ‘| 2 or 3 Family Residential F Commercial J Industrial 10A. Property Located within an Agricultural District [| Cc || Residential Vacant Land G Apartment K Public Service 10B. Buyer received a disclosure notice indicating Cl D ; | Non-Residential Vacant Land H Entertainment / Amusement L Forest that the property is in an Agricultural District i SALE INFORMATION i 15. Check one or more of these conditions as applicable to transfer: 11. Sale Contract Date A Sale Between Relatives or Former Relatives B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12. Date of Sale / Transfer | | D Buyer or Seller is Government Agency or Lending Institution E Deed Type not Warranty or Bargain and Sale (Specify Below) F Sale of Fractional or Less than Fee Interest (Specify Below) am = . ns . . G Significant Change in Property Between Taxable Status and Sale Dates 13. Full Sale Price | ! \ ae ee ed : Yi VY - 0, 0 | H Sale of Business is Included in Sale Price (Full Sale Price is the total amount paid for the property including personal property. I |__| Other Unusual Factors Affecting Sale Price (Specify Below) This payment may be in the form of cash, other property or goods, or the assumption of J. None mortgages or other obligations.) Please round to the nearest whole dollar amount. 14. Indicate the value of personal ; ; ; ,o,0, 0 | property included in the sale 5 y ° r) | | ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill | 16. Year of Assessment Roll from 17. Total Assessed Value (of all parcels in transfer) | which information taken 18. Property Class sy hig 33 cath‘y ntl L% Ba 7 20. Tax Map Identifier(s) / Roll identifier(s) (If more than four, attach sheet with additional identifier(s)) ry ent 4 4 ¢ thy te Yad at “PY mg | CERTIFICATION | knowledge and belief) and I understand that the making I certify that all of the items of information entered on this form are true and correct (to the best of my making and filing of false instruments. of any willful false statement of material fact herein will subject me to the provisions of the penal law relative to the BUYER’S ATTORNEY BUYER we Tom Ore a — ad FIRST NAME BUYER SIGNATUR 5 & wy ¢ eon gil CDF Li cumOS, i STREET NUMBER STREET NAME (AFTER SALE) AREA CODE TELEPHONE NUMBER iu Ph Baw wyey ae, (aie Tor) Oe CITY OR TOWN STATE CITY/TOWN ASSESSOR SELLER CORY oy Pkg i 4 : SELLER SIGNATURE; i

Box #/ THIS INDENTURE, made the [Ot day of Auguat- , 2005 BETWEEN 350 QUAKER ROAD ASSOCIATES, a Partnership 3976 Seneca Street, West Seneca, New York party of the first part, and LEGACY POLO GROUNDS, LLC, a New York limited liability company 5 Autumn Creek Lane, East Amherst, New York 14051 party of the second part, WITNESSETH, that the party of the first part, in consideration of $1.00 and More Dollars ($1.00 & More) lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, its heirs and assigns forever, SEE ATTACHED SCHEDULE A Together with ail right, title and interest of, in and to any streets and roads abutting the above described premises. Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises, To have and to hold, the above granted premises unto the said party of the second part, its heirs and assigns forever. And said party of the first part covenants as follows: FIRST, that the party of the second part shall quietly enjoy the said premises; We - AS0/000: [kara AOS ] Book11100/Page3928

SCHEDULE A Description ALL THAT TRACT OR PARCEL OF LAND, situate in the Village of East Aurora, Town of Aurora, County of Erie and State of New York, being part of Lots Nos. 39 and 31, Township 9, Range 6 of the Holland Land Company’s Survey, described as follows: COMMENCING at a point In the center line of the highway known as Orchard Park Road, also Quaker Road and Big Tree Road, as now laid out fifty-eight (58) feet westerly from the west corporation line of the Village of East Aurora, being indicated by a stone monument thirty-three (33) feet south of the center of said road and at right angles thereto; thence easterly along the center of said highway fifty-eight (58) feet to the west corporation line of the Village of East Aurora: thence continuing easterly along the center line of the paved portion of said highway, eighty-five and five tenths (85.5) feet to the southwest corner of premises conveyed to Lester C. J. Fischer and Ellen C. hts wife by deed recorded In Erie County Clerk’s Office In Liber 6063 of Deeds at Page 82: running thence northerly at right angles and along the west line of premises conveyed to said Fischer a distance of three hundred (300) feet: running thence easterly at right angles and along the north tine of premises conveyed to said Fischer a distance of ninety-elght (98) feet to the west line of premises conveyed by Marvin L. Fox to the Town of Aurora by deed recorded In said Clerk's Office in Liber 5159 of Deeds at Page 115: running thence northerly at right angles and along the west [Ine of premises conveyed to sald Town of Aurora a distance of nine hundred sixty-three (963) feet to premises owned by Knox: thence deflecting to the left in a straight line to a point two hundred sixty (260) feet at the north end of a line extending north from the place of beginning and at right angles to the center line of said Orchard Park Road one thousand three hundred forty-seven (1,347) feet northerly therefrom: thence southerly one thousand three hundred forty-seven (1,347) feet to the place of beginning. EXCEPTING that portion lying within the bounds of Orchard Park Road as now existing. Commonwealth Land Title Insurance Company 37 Franklin Street, Suite 100 @ Buffalo ¢ New York # 14202 Phone: 716.853.6800 ¢ Fax: 716.853.6806 Book11100/Page3931

signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. NOTARIAL SEAL ; 3% DESIREE NORRIS. thoy Publ Olreern C. len F222 My Commission Expres May 13, 2007 NOTARY PUBLIC ‘: ©: = S.8 t Chester, Stet c =. 7. STATE OF NEW YORK) soy” DAS COUNTY OF ERIE +) SS: > On the [O% day of _ Alaquat in the year 2005, before me, the undersigned, a notary public in and%or said state. personally appeared GEORGE FLETCHER, JOHN GLENN, RICHARD GLOVER, ROBERT GRAY, KENNETH HOLMES, GERALD PATTERSON, EDWARD SNYDER, CLARK THRASHER, WALLACE WEIGEL and JAY ZULINKE, 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 capacity, and that by their signatures on the instrument, the individuals or the persons upon behalf of which the individuals acted, executed the instrument. Qba A. L&EJ NOTARY PUBLIC DEBRA A. RITZ WOTARY PUBLIC, STATE STAT OF KEW YORE My Correniasion Expiees Book11100/Page3930

SECOND, that said party of the first part will forever Warrant the title to said premises. THIRD, that this conveyance is subject to the trust fund provisions of Section Thirteen of the Lien Law. In Witness Whereof, the parties of the first part have hereunto set their hands and seals the day and yearfirst above written. IN PRESENCE OF D D BARR GEORGEZVETCHER he OHN GLENN RICHARD i ROBERT GRAY’ KENNETH HOLMES ZS BSB SEO OD pv GERALD PATTERSON Von J A Clarke C . tern aln. NI CLARK THRASHER ; younwl) Nee JAY FULINKE STATE ont Qs) COUNTY OFC paths ) SS: On the 3 day of Cu sust KOS in the year 2005, before me, the undersigned, a notary public in an@ for said state, personally appeared DONALD BARR, 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 Book11100/Page3929

nah COVER SHEET REV 07-12-05 ERIE COUNTY CLERKS OFFICE County Clerk's Recording Page Book: 11100 Page: 3927 Return To: Page Count: 5 BOX 41 Doc Type: DEED-$165 EQUIL Rec Date: 08/30/2005 Rec Time: 12:55:00 PM Control #: 2005018282 Party 1: User ID: patti 350 QUAKER ROAD ASSOCIATES Trans Num: 7209 DEED SEQ: TT200502512 Party 2: MTG SEQ: LEGACY POLO GROUNDS LLC UCC: SCAR: INDEX: Recording Fees: Consideration Amount: $250,000.00 RECORDING $32.00 BASIC $0.00 COE COUNTY 1.00 SONYMA $0.00 TRANSFER NFTA TT er oso 00 ADDL $0.00 $14.25 NFETA MT $0.00 COE STATE GENERAL COE STATE RM $4.75 TRANSFER $1,000.00 RP5217 NON RES $156.00 NFETA TT $1,250.00 RP5217 COUNTY FEE $9.00 $10.00 TP58¢4. 10.00 Total: $2,477.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE WARNING - THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT, REQUIRED BY SECTIONS 3198&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL. David J. Swarts County Clerk Book11100/Page3927