Southtowns Record

Planning Board Regular Meeting, Jan 7, 2026 — Minutes

Government
Town of Hamburg
Board
Planning Board
Meeting
Jan 7, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage, Roads and traffic

Original document

Same meeting

Text · page 7 of 10

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.

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