Southtowns Record

ZBA 2026-07-02 Agenda & Minutes

Government
Town of Boston
Board
Zoning Board of Appeals
Meeting
Jul 2, 2026
Posted by publisher
Sep 30, 2026
Kind
Minutes
Topics
Zoning and land use, Housing, Roads and traffic

Original document

Text · page 13 of 16

Read the whole document on one page (all 16 pages, each with its own heading)

DRAFT
Chairman Ms. Rood: Residentially or Agricultural?

Mr. Gallagher: Yes, it is residential agricultural, but on the New York State Agricultural Map it is an AG.

Chairman Ms. Rood: It is in an AG Zone. Okay they have special.

Mr. Gallagher: Well, I had to go down to East Aurora to the New York State Department of Ag and Markets. I
had to get the proper soil clarifications and everything for crop growth and livestock. What was it going to be
compatible with the area or what the substrate of the property was. Ms. Pryor: Understood.

Mr. Gallagher: It is an actual New York State Agricultural zone. Yes, the town of Boston says it is residential
AG but is still under the New York State umbrella of agriculture.

Ms. Pryor: I understand. No, I got it.

Chairman Ms. Rood: It super seeds Town Law.

Chairman Ms. Rood: I guess you need to probably talk with Mr. Reed, again.

Mr. Gallagher: Okay.

Ms. Pryor: I guess we do not know, but Mr. Reed is aware of that section 76-A farm winery license. So, is Mr.
Reed aware of the winery’s license. Shawn, I know this is not your case.

Code Enforcement Office Mr. Shawn Vanderdoes: Currently, I don’t know if he is aware or not aware of it. The
only thing he did was to bring me up to speed with some of what was going on. He said, “If your winery was
approved for this variance and the Certificate of Occupancy would be processed too. “Chairman Ms. Rood: The
certificate of Occupancy is hinging on changing the or to get to getting the use variance.

Code Enforcement Officer Mr. Shawn Vanderdos: Part of it is he does not have a valid certificate of occupancy.
So, when Mr. Reed and I were talking, if he gets your variance tonight, we can Proceed. The Certificate of
Occupancy would automatically be approved. There were certain stipulations. I do not remember them off hand.

Mr. Gallagher: I know it was the doors.

Chairman Ms. Rood: There must be some changes to the property.

Mr. Gallagher: The actual structure itself to protect for safety for the public. So, I swing doors inwards. I would
have to change the doors, so they swing out in case of a panic situation. Lower door test was still in discussion.
We were still kind of going back and forth about. We weren’t sure because it is already occupied. Then having
quote unquote some of the public come in. We were under discussion on what was going to be done with the
lower door test. I was in full agreement with him that I would get my you know, apply for the temporary CO and
then which would give me some time to make the modifications and do the tests and anything else that needed to
be done at the facility under the guidance of the code enforcement.

Chairman Ms. Rood: I mean, is there other types of things that will change like if you are serving food now.

Mr. Gallagher: No Mam. So, the tavern license that I am going for is a food prep area. It is all non-greaseable
items. It is salads already pre-made sandwiches, things that are microwaveable. It would not be food prep on
site. Other than I also have Foxhole Farm Catering and I have a commissary kitchen with New State Department