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DRAFT Chairman Ms. Rood: Moving on to Petition #661 – Todd Gallagher, Foxhole Farm Winery, 8325 Cole Road, Colden requests a Use variance per Town of Boston Code 123-78 A 5 to allow a use as a tavern eating and drinking establishment, and an area variance per Town of Boston Code 123-136 B (4) for size and height for a (2) detached accessory buildings in violation of maximum square footage and height allowed per lot size. Chairman Ms. Rood Made a motion to open the public hearing; Ms. Pryor seconded the motion. All the members voted in favor of opening the public hearing. Chairman Ms. Rood: So, we have a letter from Mr. Gallagher to whom it may concern. I Todd Gallagher of 8225 Cole Road, am requesting a variance for my barn 60 by 90 ft. in structure and my pavilion 16 by 32 ft. in structure. As both buildings were built for agricultural purposes, I am now requesting a C2 variance for a tavern license along with my current farm winery license through the New York State Liquor Authority. Under the guidance of Bob Reed, I have been instructed to apply for this variance. Both structures are currently located on the property of Fox Hole Farm Winery. Thank you for your time in this matter. He is also requesting a special use permit to obtain a tavern license at my current farm winery. Fox Hole Farm Winery is a rustic facility located in the beautiful Boston Hills area on Cole Road. I have been up there operating for several years selling New York State agricultural products that include beer, wine spirits liquor, cider meads and seltzers and other specialty drinking items. Due to the local facilities competition, I am experiencing major financial difficulties, and New York has opened a license that other farm wineries in our local communities have been able to take advantage of that is a tavern license. This will allow me to sell domestic beverages as well as still providing New York State Agricultural products that I currently sell. This license will not allow me to sell new types of products, just different products like the big-name brands. It will allow me to reduce my pricing, making it more affordable for my almost 8,000 followers on social media to visit our beautiful town. Without the special use permit, I am afraid that investment will be lost and I will have to close my facility. The local venues that I referred to that both have a tavern license and a farm winery license are “Still on the Hill” and “Savage Winery”. Both can be looked up and verified by looking at NYS Lamp. I feel that by granting me this permit, it will bring business to our community, exposure and financial gains to all local businesses in our area. Foxhole Farm Winery has had visitors from all over the world, and our visitors make it a point to come up the hill to spend time in this gorgeous facility while taking in the amazing views that this town offers. I have contacted the Erie County Highway Department to put in a Colvert in at the front of the property for additional parking, as well. Thank you for this time with this matter. If there is any questions, I can reach at his phone number. A Letter from our Code Enforcement Officer reads as follows: It was dated June 8, 2026, regarding the area variance for a pole building, use variances for a tavern. Petition wished to obtain two variances for two commercial use buildings at 8325 Cole Road, Boston, NY. The variances sought are as follows: Per Article 25, supplemental lot size and open space requirements, Section 123-136 B (4), maximum allowable height and square footage of lot coverage for 1 and ½ story accessory buildings is as follows: Maximum allowable on heights square footage of lot coverage. For lots of 5 acres or more, the maximum size is 2,500 square feet for all buildings combined. At present there are two detached buildings totaling 1,830 sq. ft. and 5,400 sq. ft. approved by New York State Ag and Markets, and similarly to other Ag authorized buildings, did not need local zoning approval, nor did it need a certificate of occupancy for state liquor to authorize an agricultural base winery and tasting room. Since the large 5,400 sq. ft. building is proposed to become a legal occupancy as a tavern and a formal change of use, it must become legal in area and all building code requirements met as state liquor will be seeking a certificate of occupancy. There is a pavilion that has a total of 768 sq. ft. that was constructed without a permit being issued. Se, area variance allowed is 2,500 square feet. Presently it is 7,998 sq. ft. The request is for 5,488 sq. ft. The use variance Article 14 C-2 general commercial district A5 eating or drinking establishments provided, however, that no live entertainment shall be permitted except by special permit. The property is presently zoned as residential agriculture and the present use a small farm winery is permitted under New York State Ag and Markets rules,