Text · page 11 of 16
Read the whole document on one page (all 16 pages, each with its own heading)
DRAFT which where and eating and drinking establishments are not. All buildings are set back from the road. If the variances are granted, since a tavern will be a commercial use, this must then be referred to the town planning board for their approval of the site layout. Chairman Ms. Rood read a letter from Sarah DesJardins our Planning Consultant: We have regarding petition #661, Todd Gahallager requests a use variance and an area variance to allow eating and drinking establishment at 8325 Cole Road. The area variance is classified as type two action and therefore is not subject to review under SEQR. However, the use variance is a type of action and therefore if it is granted, a SEQR negative declaration must be issued by the board of zoning of Appeals before approval is granted. Respectfully submitted Sarah Desjardins, our Planning Consultant. Chairman Ms. Rood read a letter from a former Code Enforcement officer dated June 21, 2018. Dear Mr. Gallagher, this letter shall serve as verification that a farm winery is permitted use in the RA Residential Agricultural Zoning district in the Erie County Agricultural in the Erie County Agricultural district that you are located in. The is another letter from April 11, 2018, from Bill Ferguson, the former Code Enforcement Officer. This letter shall serve as verification that the proposed poultry slaughterhouse is a permitted use in the RA Agricultural Zoning District that you are located in section 123-48 A3 permitted uses and structures states agricultural, floricultural, and horticultural pursuits including but not limited to general farms, greenhouses, plant nurseries, dairy husbandry, animal husbandry poultry, and livestock together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits. Chairman Ms. Rood: So, you gave us some financial. This is not what we were looking for. With a use variance again, as we were explaining to Mr. Chuba. We are looking for proof that you will not be able to sell your property for a reasonable return right now as it stands. right now. This is the sort of financial situation we are looking for. It may come from relators, appraisers or anyone that can prove that you would not be able to get a reasonable return for it. As we have explained to Mr. Chuba it is very difficult to get a Use Permit. Sometimes an attorney is probably the best thing you could do to move forward with your projects. I am not an attorney. I know that there was one thing that was included in this packet from the State Liquor Authority, Advisory 2022- 15. It talks about the certificate of occupancy being necessary for operating a business. I know you pulled things up when we were at your place when I stopped for the site review earlier today. You pulled some stuff on your phone that I did not get a chance to read or anything. But I think considering all this, a little more work has to be done on the application. Mr. Gallagher: I have a few things that I have through New York State ABC Law and NYS Ag and Market Law that maybe can be documented in front of the Town. If that is okay. In New York State you do not need to change your underlying agricultural designation under New York State Alcoholic Beverage Control 76-A, subparagraph four, farm wineries are legally permitted to operate a restaurant, tavern or food establishment on or adjacent to your licensed production premises. Because a tavern operated directly by a farm winery is considered a built-in privilege of your existing license, you do not need to abandon your farm classification. This is on the ABC Law in New York State ABC under 76-A sub paragraph four. Under section 305-A of the agricultural districts, which are our ag markets, which protects our farms. Chairman Ms. Rood: Yes Mr. Gallagher: It says on-fam marketing activities like tasting and accessory tavern sales are protected as a valid farm operation. Now, I understand what you are talking about with the certificate of occupancy. I am ready, willing and able to go through the process with the town. I would also like and you know would like to proceed forward to apply for the tavern license based on the information I just provided. It is a long process obviously. It takes time as well as the certificate of occupancy does as well. I feel as though the agrotourism that I bring into the Town of Boston is extremely beneficial to our town and our community as well as other local businesses.