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ZBA Mtg. #06 Regular Mtg. #06 July 21, 2026 Page 7 2. There will not be an undesirable change in the character of the neighborhood, or a detriment to nearby properties created. 3. The benefit sought cannot be achieved in another way, other than the granting of the Variance. 4. The request is not substantial. 5. There will not be an adverse effect or impact on the physical or environmental conditions of the neigh- borhood or district. 6. The difficulty is self-created, however that does not preclude the granting of the Variance. 7. There will be a properly installed engineered underground drainage system throughout both parking lots to effectively manage the stormwater runoff. 8. The Applicant will clearly identify and provide an appropriate snow storage plan that ensures snow will not be piled against neighboring residential properties. 9. The Applicant will install a six (6) foot high wooden property fence along the property line to help protect privacy, reduce the light intrusion, and to provide a buffer between the commercial parking and the resi- dential homes there. THE VOTE ON THE MOTION BEING: METZ AYE BOWERS AYE MATEER AYE SZALKOWSKI AYE The MOTION was UNANIMOUSLY APPROVED. 8. ZBA File # 24-26, 9274 Group Inc, 0 South Benzing Road, Zoned DR-2, (Part of Farm Lot 29, Township 10, Range 7, SBL #161.06-1-2). Requests a Use Variance to construct a flex use industrial building in a DR-2 Zone. Permitted uses in this DR-2 Zone do not include Flex use industrial buildings. §144-9A, Schedule of Use Controls. Attachment 14-A. APPEARANCE: Sean Hopkins, Attorney Luis Rodriguez, Applicant The Chair confirmed that the Applicants wished to have their case heard tonight. The Applicants presented a PowerPoint presentation. The site is 9.75 +/- acres. The only vehicular access to it is via South Benzing Road. NYS DOT will not allow access onto Milestrip Road; it is a controlled access highway. The site was previously zoned I-1 and changed to DR-2 by the Town in January 2025. The project will also require Site Plan approval by the Planning Board. The proposed project is multi-phase. Phase 1 would be Mr. Rodriguez’s business, composed of an 1800 square foot office building and a 6600 square foot single story commercial garage/flex building with an outside storage area of approximately 61,000 square feet. The Chair inquired as to what would be stored in that area. Mr. Rodriguez and Mr. Hopkins explained that there would be vehicles and dumpsters entirely screened in the back of the building, with an office building in front of it. Mr. Rodriguez’s construction business would be located in the office building. It would be an owner-occupied site. There will be future phases, generally flex commercial spaces. The other buildings are entirely conceptual at this point. Every effort will be taken to be good neighbors. Mr. Rodriguez explained his construction business. He founded it in 2012. Today he has 105 employees and approximately $45 million/year in revenue. Mr. Hopkins discussed the criteria necessary for the granting of a Use Variance. He stated that no other uses are economically viable on this site. In his opinion, the zoning of DR-2 does not work on this site; it was previously zoned correctly. The site owner, Ellicott Development (owner of 1093 and 9274 Groups) did not consent to this rezoning. It is not possible to connect directly to Milestrip Road. He emphasized that the Town has many protections in place- landscaping, lighting, sanitary sewer, stormwater management stand- ards- will all go through the Planning Board.