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Town of Hamburg Planning Board Minutes July 15, 2026 Whereas, the Town of Hamburg has reviewed the special use permit application from Southtowns Early Learning Nest, LLC for the interior buildout of a 6,500 sq-ft daycare center with a new 3,000 sq-ft playground exterior to be located at 4090 Jeffrey Blvd, based on a determination by the Town Code Enforcement Officer; and Whereas, the Hamburg Planning Board held the required Public Hearing on July 15th, 2026, and received no objections from the public; and Whereas, the Hamburg Planning Board in reviewing the proposed project (special use permit), has determined, in accordance with Section 280-312 and 280-321 (Nursery schools and day-care centers) that: 1. The project will be in harmony with the purposes and intent of Section 280-312 (Special Use Permits). 2. The project will not create a hazard to health, safety and general welfare. 3. The project will not alter the essential character of the neighborhood, nor will it be detrimental to its residents. 4. The project will not otherwise be detrimental to the public convenience and welfare. For nursery schools and day-care centers: A. Nursery schools or day-care centers shall not receive an occupancy permit until licensed by the State of New York. B. Adequate outdoor play space shall be provided based on the number of children. There shall be a minimum of 75 square feet per child under the age of three and 100 square feet per child three years and older. No play area or equipment shall be located in the front yard. C. Where a nursery school or day-care center abuts a residential property or an area zoned residential, there shall be a minimum thirty-foot buffer with adequate screening as determined by the Planning Board. D. Child discharge and pickup areas shall not be in the public right-of-way. E. There shall be one off-street parking space for each full-time staff person and a minimum of three spaces for parents and visitors. Whereas, the Applicant was unable to meet Special Use Permit standard (B) which required 4,500 sq-ft of outdoor play space, and required an area variance to receive relief from the Code for 3,000 sq-ft of outdoor play space; and Whereas, the Applicant received approval of an area variance from the Hamburg Zoning Board of Appeals for the allowable square footage of 3,000 square feet for the outdoor play space at their July 7th, 2026, meeting. 3