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Town of Hamburg Planning Board Minutes January 7, 2026 Chair Gronachan had a follow up question of if part of the condition be that if it is rented to a drive thru, that it should be added to the resolution. Mr. Reilly stated definitely. That it should be clearly articulated to the Building Department that if those users change, it may require coming back to the Planning Board. Member Clark stated that since Tim Hortons and Starbucks are considered both a café and fast food maybe it should read “If the drive thru is a fast food or coffee use, the applicant will have to return to the Planning Board for Site Plan modification.” Member Chmura stated that it should also include high volume use which she stated is more than ten stacking. New wording was suggested from Member Clark. SEQR: In accordance with the New York State SEQRA Law, The Town of Hamburg Planning Board has reviewed the Benderson Development Project, which involves the construction of an 8020 sq.-ft. multi-tenant retail/ restaurant outparcel building, with drive thru lane at 5400 Southwestern Boulevard, and held the required public hearing on December 17, 2025. Based on the review of this unlisted action, the Planning Board has determined that the project is not anticipated to result in any significant adverse environmental impacts, and the negative declaration is hereby issued. Member Chmura made a motion, seconded by Member Clark, for the Benderson Development 5400 Southwestern Boulevard Retail/restaurant out parcel SEQR resolution dated January 7th, 2026. As the vote on the motion was six (6) ayes and one (1) abstention (Member Zajac), the motion carried. Site Plan Approval: Based on the review of Benderson Development project materials and having completed the secret process, the Hamburg Planning Board hereby approves the project with the following conditions and determinations: 1. Approval is contingent upon the Engineering Department comment letter dated January 5, 2026. 2. Sidewalks shall be installed as shown on the site plan dated December 1, 2025. 3. The landscaping plan, dated November 5, 2025, shall be approved by the Planning Department. 4. Lighting shall be dark sky complaint. 7