Southtowns Record

Planning Board Regular Meeting, Jan 21, 2026 — Minutes

Government
Town of Hamburg
Board
Planning Board
Meeting
Jan 21, 2026
Kind
Minutes
Topics
Zoning and land use, Roads and traffic, Water, sewer and drainage, Public safety, Budget and taxes, Housing

Original document

Same meeting

Text · page 13 of 18

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Town of Hamburg Planning Board Minutes  January 21, 2026

principal use. According to the site plan approval there was a condition stated of no
outdoor storage.

Mr. Hopkins stated that the purpose of that was to reiterate that it is not permitted.

Member Chmura asked since the Applicant stated that this is temporary in nature, is
there a timeline.

Mr. Hopkins stated that at this point in time they envision, depending on revenue that they
will have completed phase two at the maximum within five years.

Member Chmura had an issue with the fact that in the past they went through the
extensive process and made the point that there was going to be no outdoor storage,
and that if the Board were to now approve a plan that has outdoor storage after it has
already been approved, that they are setting a precedent that they can change their
minds and that no site plan is sacred.

Mr. Hopkins stated that he would be willing to talk to his client about a time limit being
put in place with respect of phase one.

Mr. Rogers indicated that this project is going before the Zoning Board in March.

Member Chmura would like to see the project have a time limit of two (2) years for them
to come back before the Board for an update on phase one. The two years are not a
maximum of two years but that after two years it gets looked at again.

The project was tabled to allow the Applicant to appear before the Zoning Board of
Appeals.

Ted Czosnyka- Requesting a use variance for an adult-use cannabis retail
dispensary at 3233 Lakeshore Road

Mr. Rogers gave the following background:

This applicant has been here before for a location at 3231 Lakeshore Road. In early
2025 the applicant was before this Board to get a referral to the Zoning Board where
they did receive a use variance for a retail dispensary. This parcel is zoned M-3 and in
the Town of Hamburg code retail dispensaries are typically allowed in the C-2 district.
The original location fell through and they are now back looking for this Board to again
refer them to the Zoning Board for the property located at 3233 Lakeshore Road.

Attorney Corey Auerbach appeared on behalf of the project.

There is an error on this agenda as this property is owned by Ms. Kathy Fabiats and Mr.
Ted Czosnyka was the name that was on 3231 Lakeshore. The property on the corner

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