Southtowns Record

Town Board Regular Meeting Agenda, Jun 8, 2026 — Agenda (full text)

Town of Hamburg Town Board Jun 8, 2026 93 pages

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Agenda Natalie E. Nitsche Town Clerk Town Board of the Town of Hamburg June 8, 2026 1. Roll Call 2. Pledge of Allegiance 3. Minutes of Previous Meeting RESOLVED, that the Town Board does hereby approve the minutes of the previous meeting as follows: May 4, 2026 4. Agenda Items 4.1. PROCLAMATION HONORING EARL KNAUSS 4.2. Establishing and Honoring Women Veterans Day – JUNE 12 4.3. Public Hearing Proposed Local Law 8, 2026 4.4. Public Hearing Proposed Local Law 9, 2026 4.5. Schedule a public hearing for proposed local law 4.6. Lake Shore Volunteer Fire Company, Inc. New Member 4.7. Big Tree Volunteer Fire Company, Inc.-New Member Russo 4.8. Amendment to Chapter 75 - Brush, Grass and Weeds 4.9. Engineering Intern 4.10. Police-PAF 4.11. PAF - Court Officer - Burlow 4.12. Senior Clerk Typist - Justice Court (Caber) 4.13. Town Clerk PAF 4.14. Engineering PAF 4.15. Youth, Recreation, & Senior Services PAF 1

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4.16. Building & Code PAF 4.17. B&G PAF 4.18. Police-Budget Amendment 4.19. Police-Recoveries/Sales Budget Amendment 4.20. Budget Adjustment/Transfer – Dept. of Youth, Recreation, & Senior Services 4.21. Budget Amendment: Receipt of Revenue and Budget Transfer 4.22. B&G Revenue Account Transfer 4.23. Erie County Division of Sewage Management Right-of-Entry Request Lake Avenue 4.24. Unsafe structure at 5036 Lakeshore Road 4.25. Arena Sound System Proposal Acceptance 4.26. Taylor Road Alcohol Permits 4.27. Zoning Board of Appeals Appointments 4.28. Nike Concession/Restroom Plumbing Connections 4.29. Award of Town Beach Jetty Repair Project 4.30. Polling Location Lease Agreement 4.31. Buffalo Bills NFL Stadium Economic Impact Area & Town of Hamburg CFA Zoning Updates Public Hearing and Lead Agency Resolution 5. Public Comment 6. Meeting is adjourned by Supervisor 2

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.1. PROCLAMATION HONORING EARL KNAUSS WHEREAS, the Town of Hamburg is proud to recognize individuals whose dedication, compassion, and leadership strengthen the fabric of our community; and WHEREAS, Earl Knauss has demonstrated an extraordinary commitment to service through his vision, leadership, and tireless efforts in establishing and sustaining the Farm to Family program in Hamburg, New York; and WHEREAS, the Farm to Family program has provided meaningful support to local families by improving access to fresh, nutritious food while also supporting local agriculture and fostering community connections; and WHEREAS, Earl Knauss’s initiative reflects the highest ideals of volunteerism, embodying generosity, innovation, and an unwavering dedication to improving the lives of others; and WHEREAS, in recognition of his outstanding service and enduring impact, Earl Knauss has been honored with the prestigious Rotary International “Service Above Self” Award, a distinction that celebrates individuals who exemplify selfless service and leadership in their communities; and WHEREAS, his efforts have not only addressed critical needs within the Town of Hamburg but have also inspired others to contribute their time and talents toward the betterment of the community; NOW, THEREFORE, BE IT PROCLAIMED, that I, on behalf of the Town of Hamburg, do hereby honor and commend Earl Knauss for his remarkable contributions and extend our deepest gratitude for his continued dedication to serving others; and BE IT FURTHER PROCLAIMED, that all residents are encouraged to join in recognizing Earl Knauss for his exemplary service and the lasting positive impact he has made on the Town of Hamburg. IN WITNESS WHEREOF, we have caused the seal of the Town of Hamburg to be affixed this 8 th day of June, 2026. 3

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______________________ Elizabeth Farrell Lorentz, Supervisor Dan Kozub, Deputy Supervisor Frank Bogulski, Councilmember Lynne Dixon, Councilmember Nick Oritz, Councilmember 4

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.2. Establishing and Honoring Women Veterans Day – JUNE 12 WHEREAS, the Hamburg Veterans Committee has requested the Town Board of the Town of Hamburg recognize, June 12th as Women Veterans Day; and WHEREAS, Women Veterans Day is recognized nationally as commemorating the signing of the Women’s Armed Services Integration Act on June 12, 1948, which granted women permanent status in the United States Armed Forces; and WHEREAS, women have served the United States with courage and sacrifice since the founding of the Nation; and WHEREAS, during the Revolutionary War, women served as nurses, messengers, spies, and in combat roles despite formal prohibition; and WHEREAS, Margaret Cochran Corbin manned a cannon after her husband fell at the Battle of Fort Washington and became the first woman to receive a United States military pension; and WHEREAS, Molly Pitcher exemplified bravery at the Battle of Monmouth by providing aid and manning artillery under fire; and WHEREAS, Deborah Sampson disguised herself as a man to serve honorably in the Continental Army; and WHEREAS, women continued to serve as nurses, intelligence operatives, and support personnel through the Civil War and subsequent conflicts; and 5

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WHEREAS, during World War I and World War II, women served with distinction in vital military roles, including as members of the Women Accepted for Volunteer Emergency Service (WAVES) and the Women Airforce Service Pilots (WASP); and WHEREAS, following World War II, women veterans played a critical role in the permanent integration of women into the Armed Forces, leading to expanded roles and equal recognition; and WHEREAS, women now serve openly and honorably across all branches of the Armed Forces. 6

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.3. Public Hearing Proposed Local Law 8, 2026 LEGAL NOTICE TOWN OF HAMBURG NOTICE OF PUBLIC HEARING Proposed Local Law #8, 2026 PLEASE TAKE NOTICE that there has been presented to the Town Board on April 27, 2026, pursuant to the Municipal Home Rule Law, a proposed local law, to be known as proposed local law 8, 2026; said proposed local law will amend the provisions of Chapter 75 of the Code of the Town of Hamburg entitled "Brush, Grass and Weeds", specifically §75-1; Purpose, §75-2; Standards and §75-4 A. Inspection; removal by Town. A complete copy of the proposed amendments will be available at: A detailed copy of the proposed amendments will be available, for public review, during regular business hours at the following locations: HAMBURG TOWN HALL (2 offices) 1. Town Clerk’s Office 2. Office of Code Enforcement 6100 South Park Avenue Hamburg, New York 14075 And on the Town of Hamburg’s website: townofhamburgny.gov Click on Legal Notices & Bid THEREFORE, pursuant to the statutes and the provisions of the Municipal Home Rule Law, the Town Board of the Town of Hamburg will hold a public hearing on June 8, 2026, at 7:00 p.m. (local time), at which time all interested people may be heard. Dated: April 27, 2026 Natalie Nitsche Town Clerk Town of Hamburg 7

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.4. Public Hearing Proposed Local Law 9, 2026 LEGAL NOTICE TOWN OF HAMBURG NOTICE OF PUBLIC HEARING PROPOSED LOCAL LAW #9, 2026 PLEASE TAKE NOTICE that there has been presented to the Town Board on April 27, 2026, pursuant to the Municipal Home Rule Law, a proposed local law, to be known as proposed local law # 9, 2026; said local law provides for an amendment to Chapter 280 of the Zoning Code of Town of Hamburg, to amend the Hamburg Town Code as follows: *Amend Chapter 280 of the Code of the Town of Hamburg entitled “Zoning”, specifically Article XLIV Site Plan Review” in its entirety A detailed copy of the proposed amendment is available during regular business hours (9:00 a.m. to 5:00 p.m.) Monday through Friday at: HAMBURG TOWN HALL HAMBURG PLANNING DEPARTMENT 6100 South Park Avenue lower level of Town Hall Hamburg, New York 14075 The proposed amendment may also be found at the Town’s website www.townofhamburgny.gov, click on “Legal Notices and Bids.” AND-at the Planning Department page on the Town’s website at: https://www.townofhamburgny.gov/508Planning THEREFORE, pursuant to the statutes and the provisions of the Municipal Home Rule Law, the Town Board of the Town of Hamburg will hold a public hearing on June 8, 2026, at 7:00 p.m. (local time), at which time all interested people may be heard. Dated: April 27,2026 Natalie Nitsche Town Clerk Town of Hamburg 8

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.5. Schedule a public hearing for proposed local law WHEREAS, the Hamburg Town Code contains and specifies the local laws and ordinances of the Town of Hamburg; and WHEREAS, the Code Review Committee reviewed various regulations of the Town of Hamburg Code and has sent these suggested revisions to the Town Board to begin the adoption process; and BE IT RESOLVED that the Town Clerk is authorized to schedule a public hearing on a Proposed Local Law. The proposed local law would provide a new chapter to the Hamburg Town Code for Unmanned aircraft take-offs and landings in accordance with the recommendations of the Town of Hamburg Code Review Committee. BE IT FURTHER RESOLVED that, in accordance with the State Environmental Quality Review Act (SEQRA), the Town Board will seek Lead Agency status for this proposed legislation and authorizes the Planning Department to perform the appropriate mailings and notifications. BE IT FURTHER RESOLVED, that the Hamburg Town Board hereby authorizes the referral of these proposed Code amendments to Erie County; and BE IT FURTHER RESOLVED, that the Hamburg Town Board sets a Public Hearing on these proposed Code amendments at the Hamburg Town Hall, 6100 South Park Avenue, Hamburg, NY at 6:00 pm on July 13, 2026. ATTACHMENTS: UAS code 5-9-26.docx 9

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Unmanned aircraft take-offs and landings Purpose and intent It is the intention of the Town of Hamburg to protect and enhance the public health, safety, security, privacy, and well-being of the residents of the community as well as of the guests and visitors thereto by the establishment of regulations and procedures governing the operation of unmanned aircraft (aka "drones") and/or unmanned aircraft systems (hereinafter "UAS"). Definitions As used in this chapter, the following terms shall have the meanings herein indicated BUFFALO BILLS COMPLEX All of the approximately 250 acre parcel of land situated in the Town of Orchard Park and in the Town of Hamburg, New York, locally known as "One Bills Drive," inclusive of the stadium, the Sports Training Performance Center, the Fieldhouse, parking lots, entrances, walkways and practice fields. UNMANNED AIRCRAFT [1] A device that is intended to navigate in the air without an onboard pilot; and [2] An aircraft that is operated without the possibility of human intervention from within or on the aircraft. Unmanned aircraft are also referred to as "drones." UNMANNED AIRCRAFT SYSTEM An unmanned aircraft and associated elements (including communications links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system. 10

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RESTRICTIONS ON USE A. It shall be unlawful for any person to take off or land in any zone within the Town of Hamburg an unmanned aircraft or unmanned aircraft system within one mile of and within two hours before or after an open air event sponsored by the Town of Hamburg and located within the Town of Hamburg, such events including, but not limited to, parades, concerts, street dances, festivals, art shows, sporting events and recreational events. B. It shall be unlawful for any person to take off or land an unmanned aircraft or unmanned aircraft system within two miles of the Buffalo Bills Complex on the day of any event held at the Buffalo Bills Complex and four hours prior to or four hours after any event held at the Buffalo Bills Complex. C. All unmanned aircraft or unmanned aircraft systems shall be subject to all applicable Federal Aviation Administration (FAA) regulations. Exceptions Express written permission required. The takeoff or landing of an unmanned aircraft or unmanned aircraft system as proscribed herein may be permitted pursuant to a permit issued by the Town of Hamburg Clerk after approval is granted by the Town of Hamburg Police Department. The permit fee shall be set by resolution by the Town Board. Enforcement This chapter shall be enforced by the Town of Hamburg Police Department. Penalties for offenses. Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable by a fine set forth in the Schedule of Fines and Penalties. 11

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.6. Lake Shore Volunteer Fire Company, Inc. New Member BE IT RESOLVED, that the Hamburg Town Board approves that attached recommendation for the membership of Dennis James Lambert. ATTACHMENTS: 2026 0522 - Town Board Approval - Dennis Lambert.pdf 12

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Lake Shore Volunteer Fire Company, Inc. May 22, 2026 Hamburg Town Board S-6100 South Park Avenue Hamburg, New York 14075 Attn: Natalie Nitsche At the last regular company meeting of the Lake Shore Volunteer Fire Company Inc. held on Wednesday, May 20, 2026, the following applicant was approved for active membership: Dennis James Lambert 6342 Southwestern Boulevard Hamburg, NY 14075 Please notify us upon the Town Board’s approval of their membership. Thank you for your consideration in this matter. Sincerely, Peggie Lipka Corresponding Secretary Lake Shore Volunteer Fire Co. Inc. 4591 LAKESHORE ROAD | HAMBURG, NY 14075 | STATION (716) 627-3522 | FAX (716) 627-7502 13

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.7. Big Tree Volunteer Fire Company, Inc.-New Member Russo RESOLVED, that the Hamburg Town Board does hereby approve the request of the Big Tree Volunteer Fire Company, Inc. to add to the ranks of their membership of the following individual: Christopher Russo ATTACHMENTS: DOC060426-001.pdf 14

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.8. Amendment to Chapter 75 - Brush, Grass and Weeds WHEREAS, the Hamburg Town Code contains and specifies the local laws and ordinances of the Town of Hamburg; and WHEREAS, the Code Review Committee reviewed the provisions of Chapter 75 of the Code of the Town of Hamburg entitled “Brush, Grass and Weeds”, and suggested amendments for the Town Board to consider; and WHEREAS, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law to amend the following sections of Chapter 75: §75-1. Purpose, §75-2. Standards and §75-4; Inspection; Removal by Town. WHEREAS, a public hearing was held on June 8, 2026, for discussion and public comment concerning adoption of this proposed local law; and WHEREAS, the Town of Hamburg has determined that this proposed local law amendment is a Type II action under SEQR, and no SEQR decision is necessary; and WHEREAS, these proposed local law amendments were referred to Erie County through the 239-m referral process and received no objections; and WHEREAS, the proposed amendments are in accordance with the recommendations of the Town of Hamburg Code Review Committee and the Town of Hamburg Planning Board. NOW THEREFORE BE IT RESOLVED, the Hamburg Town Board amends Local Law #9 of the year 1974 of the Code of the Town of Hamburg Chapter 75 entitled “Brush, Grass and Weeds” to provide for the revision of the Town Code as referenced above and attached. ATTACHMENTS: Chapter 75 Brush code change.docx 16

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§ 75-1Purpose. In order to prevent blight and the excessive growth of weeds and grass, it is hereby declared that all lots for which at least one building permit has been issued, shall be maintained in conformity with the standards set out in this chapter so as to assure that the subdivision and community at large will not be adversely affected. 75-2 Standards It shall be unlawful for any person having control or ownership or any type of tenancy in any lot for which at least one building permit has been issued, in the Town of Hamburg, County of Erie and State of New York, to permit or maintain on such land, or portion thereof, any growth of weeds, grass or other rank vegetation to a greater height than 10 inches on the average, or any accumulation of dead weeds, grass or brush. § 75-4Inspection; removal by town. A. If an alleged violation has occurred, the Town Building Inspector shall send written notice of the violation to the last known address of the property owner by certified mail. From the date of the mailing the property owner shall then have ten (10) calendar days to cure the violation. At the end of the ten day period, the Town Building Inspector shall make an inspection, and if such inspection discloses that the owner or occupant has not complied with said notice, then the Inspector shall cause weeds, grass and other vegetation on such lands or portions thereof to be cut and removed. Once the initial removal of the weeds, grass and other vegetation has been completed by the Town of Hamburg, the Town shall continue to maintain the property with cuts or clearings approximately every two weeks until such time as the property owner or occupant has provided written notice by certified and regular mail to the Supervising Code Enforcement Officer acknowledging the condition and confirming that the property will be maintained by the property owner or occupant. B. If the topography of said land is such as to make it impossible or impractical to use machinery in the clearing and cutting, the Inspector shall first grade the land in order that the cutting and removal may be done by machinery. 17

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C. The actual cost of such cutting and removal, and grading, if necessary, plus a fee of 20% for inspection and administrative overhead therewith, shall be certified by the Building Inspector to the Town Receiver of Taxes and shall thereupon become and be a lien upon the property on which said weeds, grass and other vegetation were located, and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes levied and assessed against such property. 18

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.9. Engineering Intern BE IT RESOLVED, the Town Board authorize Aiden Ziobro, student at Lake Shore Senior High School, to complete a summer Internship in the Engineering Department starting June 24, 2026, at no cost to the Town 19

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.10. Police-PAF BE IT RESOLVED, that the Town Board approves the following PAF ATTACHMENTS: Term PAF Caber.pdf 20

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.11. PAF - Court Officer - Burlow Be it Resolved, that the Town Board accept the resignation of Court Officer Michael Burlow effective June 1, 2026. ATTACHMENTS: PAFBurlow.pdf 22

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.12. Senior Clerk Typist - Justice Court (Caber) BE IT RESOLVED, that the Town Board approve on the recommendation of Town Justice Carl W. Morgan and Town Justice Walter Rooth, III along with Court Administrator Brigid Lavelle, to hire Theresa Caber to the provisional position of Senior Clerk Typist with a date of Monday, June 15, 2026, salary is $25.31/hour. Funds available in account A.1110.0100 Personal Services. ATTACHMENTS: PAFCaber.pdf 24

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.13. Town Clerk PAF BE IT RESOLVED, that the Town Board approves the attached Town Clerk's PAF ATTACHMENTS: DOC060426-06042026141102.pdf 26

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.14. Engineering PAF RESOLVED, that the Town Board approve the attached PAF as recommended by the Town Supervisor and Engineer to hire Jessica Urbanczyk to the full-time provisional Senior Clerk Typist position effective June 9, 2026. The salary is $25.31 per hour and funds are available in account A1440.0100.0000 ATTACHMENTS: 06-08-2026 Eng PAF.pdf 28

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.15. Youth, Recreation, & Senior Services PAF BE IT RESOLVED, that the Town Board approve the termination and hiring of personnel for the Youth, Recreation & Senior Services Department as follows: ATTACHMENTS: scan_2026_06_04_11_44_06_120.pdf 30

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.16. Building & Code PAF RESOLVED, that the Town Board approve the attached PAF as recommended by the Town Supervisor and Supervising Code Enforcement Officer to hire Kevin Jewett to the full-time provisional Assistant Code Enforcement Officer position effective June 9, 2026. The salary is $34.88 per hour and funds are available in account A3620. ATTACHMENTS: PAF K.Jewett Code Enforcement.pdf 33

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.17. B&G PAF BE IT RESOLVED, that the Town Board approves the termination and hiring of the following employees in Buildings & Grounds. ATTACHMENTS: BG PAF 06-08-26.pdf 35

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.18. Police-Budget Amendment WHEREAS, the Town of Hamburg Police Department receives distribution payments from a share of assets forfeited from defendants from time to time and, WHEREAS, these items are not included in the 2026 budget, NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the receipt of the following monies and approves a budget amendment to the revenue account as follows: ATTACHMENTS: Police_Budget Amendment_1311.56 6-8-2026.pdf 37

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.19. Police-Recoveries/Sales Budget Amendment WHEREAS, the Town of Hamburg Police Department receives distribution payments from a share of assets forfeited from defendants from time to time and, WHEREAS, the use of these funds has been recommended by the respective department and, WHEREAS, these items are not included in the 2026 budget, NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the receipt of the following monies and approves a budget amendment to the revenue and expenditure accounts as follows: ATTACHMENTS: Police_Budget Amendment_Adj_B2625_6498.5_6-8-2026.pdf 39

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.20. Budget Adjustment/Transfer – Dept. of Youth, Recreation, & Senior Services WHEREAS, a grant for $2,500, was received from the United States Tennis Association to be used for youth tennis programs in 2026. NOW THEREFORE BE IT RESOLVED, that the Town Board does hereby authorize a budget amendment to increase the appropriate revenue and expenditure lines for the receipt of the payment. Increase: A.2001.015 (Youth Tennis Revenue) Increase: A000.0000.2705.0000 (Gifts and Donations) 41

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.21. Budget Amendment: Receipt of Revenue and Budget Transfer RESOLVED, The Hamburg Town Board approves the deposit of $10,000 generated from the Legacy Trail Partner Agreement into Account A000.0000.2770.0000 Sponsorships and Naming Rights; and BE IT FURTHER RESOLVED, that the Town Board approves a budget amendment transferring $2,500 from Account A000.0000.2770.0000-Sponsorships and Naming Rights to Account A000.7020.0440.0000-Independent Contractor Services; and BE IT FURTHER RESOLVED, that the Town Supervisor and Finance Office are authorized and directed to make the necessary accounting and budgetary entries to carry out this amendment. 42

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.22. B&G Revenue Account Transfer WHEREAS, the Buildings & Grounds Department received a check from Lynnette Mann for $150.00 for a sign at the Dog Park, and THEREFORE BE IT RESOLVED, the Town Board approves funds in the amount of $150.00 to be deposited into Revenue Account A.2705 and transferred to Account A.7141.413 for the sign. 43

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.23. Erie County Division of Sewage Management Right-of-Entry Request Lake Avenue WHEREAS, the Town granted right-of-entry to Erie County Division of Sewage Management (ECDSM) for the park property at 4699 Lake Avenue on March 9, 2026, to perform video inspection of the existing sanitary sewer within their easement; and WHEREAS, ECDSM has determined that sanitary sewer needs maintenance and therefore plans to perform CIPP lining and install one new manhole along the sewer; and \WHEREAS, ECDSM has submitted another request for right-of-entry and the Town Engineer and Town Attorney have reviewed the request and found it reasonable. NOW THEREFORE BE IT RESOLVED, that the Town Board authorize the Supervisor to sign the Right of Entry form for 4699 Lake Avenue and for the Town Engineer to coordinate with ECDSM as needed throughout the project. ATTACHMENTS: 4785 LAKE Ave ROE(MH INSTALL).pdf 44

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RIGHT-OF-ENTRY PARCEL 151.15-4-7___ KNOW ALL MEN BY THESE PRESENTS Town of Hamburg 6100 South Park Ave Hamburg, N.Y. 14075 That I (We) of the Town of Hamburg , County of Erie, State of New York, owner of lands located on 4699 Lake Ave_ in the Town of Hamburg COUNTY OF ERIE, and designated as SBL No. 151.15-4-7 , do hereby agree to allow the County of Erie, its’ employees, representatives and designated contractors, to enter upon said lands for the purpose of Ingress & Egress of equipment and personnel to install a 5-foot diameter sewer manhole on the existing 21-inch diameter gravity sanitary sewer located within an existing permanent easement, to serve as a bypass pumping access point for an upcoming cured in place pipe lining project and avoid the need for future sanitary sewer bypasses crossing over Smokes Creek. Work shall include excavation, manhole installation, backfill with excavated soils and lawn restoration to the Town’s satisfaction. and hereby release said employees, representatives, contractors and the County of Erie, of being liable for trespass, and do hereby waive any and all claims for such entry or occupation. Permission for right-of-entry expires on November 1, 2026 L.S. Title Phone # Dated In Presence of: DSM-ROE 1/26 45

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.24. Unsafe structure at 5036 Lakeshore Road WHEREAS, the Town of Hamburg Code Chapter 80 references the procedure for unsafe buildings in the Town of Hamburg, and, WHEREAS, the Supervising Code Enforcement Officer of the Town of Hamburg made a formal inspection of the property located at 5036 Lakeshore Rd. Hamburg, NY (SBL 169.18-1-15) and deemed the structure unsafe, and, WHEREAS, the Supervising Code Enforcement officer provided the Town Board, in writing, a report of his findings and recommendations for demolition, and, WHEREAS, the Town Board has considered the report, and, BE IT RESOLVED, that the Town Board finds the structure located at 5036 Lakeshore Rd. Hamburg, NY unsafe and orders its removal, and, BE IT FURTHER RESOLVED, that the Town Board authorizes the Code Enforcement Department to advertise for demolition bids of said structure, and, BE IT FURTHER RESOLVED, that the Town Board designates the Supervising Code Enforcement Officer, an Assistant Code Enforcement Officer, the Town Attorney or Deputy Town Attorney, and the Code Enforcement liaison from the Town Board to schedule and hold a public hearing on the demolition of the structure, and, BE IT FINALLY RESOLVED, that once demolition bids are received, the Town Board shall make proper notification to the property owner stating the public hearing date, time, place, and estimated costs for the demolition. ATTACHMENTS: 5036 Lakeshore Rd Inspection Findings for unsafe building.docx 46

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To: Supervisor Farrell-Lorentz & Town Board Members Re: Unsafe Conditions of Structure at 5036 Lakeshore Rd. From: Jeffrey Skrzypek, Supervising Code Enforcement Officer Date: May 22, 2026 Inspection Findings: 5036 Lakeshore Rd, Hamburg, NY 14075 The exterior brick on northwest, northeast and southwest walls have been neglected and have been in need of repair or replacement for an extended length of time. The brick along the northwest wall has started to partially and fully pull away from the structure. The front step and side porch steps are in a state of disrepair. The house and garage roof show signs of neglect with some shingle tabs removed. The structure also has approximately three feet of water in the basement. A supporting column in the basement has detached from the floor beam causing possible structural integrity issues. The abandoned structure has long been unsuitable for occupancy. The above items constitute this structure as an unsafe structure per the 2025 New York State Property Maintenance Code Chapter 3 Sections 304, 305 and 306. Summary: The Town residents have voiced numerous complaints to this department regarding the blight caused by this deteriorated property. The property is an unattractive nuisance and a detriment to the community. The neighboring property owners are becoming more and more concerned and are looking to the Town to take action. The property owner was served a Violation Notice on April 1, 2024 and numerous court dates followed. Recommendation: The unsafe and dilapidated condition of this property has continued to get worse year to year. The building is structurally compromised and poses an imminent risk of further failure. It is my recommendation that the Town of Hamburg require the building to be repaired or demolished to remediate the conditions that make this structure unsafe. Respectfully submitted, Jeffrey Skrzypek Supervising Code Enforcement Officer 47

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.25. Arena Sound System Proposal Acceptance BE IT RESOLVED, that the Town Board authorize the Youth, Recreation & Senior Services Dept. to accept the one and only quote received for a replacement sound system for the Hamburg Town Arena from Park Place Installations INC. in the amount of $23,997.96. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the transfer of $23,997.96from the General Fund unassigned fund balance A.0000.0909 to Ice Arena A.7184.0440 - Contracted Services BE IT FURTHER RESOLVED, that the Town Supervisor and Finance Office are authorized and directed to make the necessary accounting and budgetary entries to carry out this amendment. 48

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.26. Taylor Road Alcohol Permits BE IT RESOLVED, that the Hamburg Town Board does hereby approve alcohol waivers for July 2026 Taylor Road Cabin rentals as follows: 7/2/26 7/5/26 7/10/26 7/11/26 7/12/26 7/17/26 7/18/26 7/19/26 7/24/26 7/25/26 7/26/26 7/30/26 7/31/26 49

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.27. Zoning Board of Appeals Appointments Resolved, the Hamburg Town Board appoints current ZBA Alternate Catherine Mika to the Zoning Board of Appeals for a term commencing July 1, 2026 and ending June 30, 2033; and Be It Further Resolved, the Hamburg Town Board appoints current ZBA member Mark Yoder whose term expires June 30, 2026 to the Zoning Board of Appeals as ZBA Alternate for a term commencing July 1, 2026 and ending June 30, 2028. 50

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.28. Nike Concession/Restroom Plumbing Connections WHEREAS, the Town of Hamburg installed a new concession and bathroom building at the soccer fields on the Nike Recreational Facility; and WHEREAS, the building requires connection of all plumbing features; and WHEREAS, the Engineering Department obtained a quote for the work from Kevin’s Plumbing for $4,500.00. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the supervisor to sign the attached proposal and work to start immediately. Funds are available in H.21.7141.0303 ATTACHMENTS: Hamburg Plumbing estimate_783.pdf 51

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Kevin's Plumbing 2210 William St | Cheektowaga NY 14206 716-868-9819 | [email protected] | kevinsplumbingwny.com RECIPIENT: Estimate #783 Camie Jarrell Sent on 04/27/2026 Hamburg, New York 14075 Total $4,500.00 Product/Service Description Qty. Total Utility Room Hookups We will install all necessary plumbing within the utility room to 1 $4,500.00 facilitate the complete building installation. This quote includes all connections within the utility room. Please note that any additional connections outside the scope of this work will be assessed in the field, and any resulting expenses will be the responsibility of the customer. Total $4,500.00 Contract / Disclaimer PAYMENT TERMS Projects under two thousand dollars ($2,000): Payment due in full upon completion Projects over two thousand dollars ($2,000): 30% deposit due at contract signing 30% at start of work Remaining balance due upon completion -Any additional work or change orders must be paid in full at the time of approval - A finance charge of 1.5% per month (16% annually) or the maximum allowed by NY law (whichever is lower) may be applied to balances over 30 days past due - Customer agrees to pay all reasonable collection costs, including attorney fees, if enforcement is required In the event of cancellation prior to scheduling or permit filing, refunds may be issued at the sole discretion of Kevin’s Plumbing. DEPOSIT POLICY (NONREFUNDABLE) A deposit is required to secure scheduling, administrative processing, and project mobilization. Deposits become nonrefundable once any of the following occur: - Project is scheduled - Permits are filed - Materials are ordered - Work preparation has begun Deposits represent costs incurred by Contractor including labor allocation, administrative processing, and project planning. If cancellation occurs prior to the above, any refund is at the sole discretion of Kevin’s Plumbing. CUSTOMER CONSENT 1 of 2 pages 52

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Kevin's Plumbing 2210 William St | Cheektowaga NY 14206 716-868-9819 | [email protected] | kevinsplumbingwny.com Any alteration from the above specifications and corresponding price adjustments (if necessary) will be made only at the Customer's request or approval. Completing the work in the Estimate a the time scheduled is contingent upon accidents or delays beyond our control. This Estimate is based primarily on the Customer's description of the problem and is subject to change as dictated by site/ground conditions as determined by Kevin's Plumbing Field Crew. Acceptance of Contract – I/We have read, understand and agree to the terms and conditions of this Estimate and the attached Limited Warranty (together the, "Contract"). You are authorized to do the work as specified in the Contract and/or as dictated by site/ground conditions as determined by Field Installation Crew. I/We will make the payment(s) set forth in this Contract to the Crew Leader due at the completion of the job. I/We will pay your service charge of 1-1/3% per month (16% per annum) if my/our account is 30 days or more past due, plus your attorney’s fees and costs to collect and enforce this Contract. In the event the contract is not paid in full, Kevin's Plumbing & Heating Inc reserves the right to place a claim against property in form of a lien. Signature: _____________________ Date: _____________ 2 of 2 pages 53

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.29. Award of Town Beach Jetty Repair Project WHEREAS, the Town of Hamburg advertised for bids for the Town Beach Jetty Repair Project; and WHEREAS, a Public Bid Opening was held on June 1, 2026, at 11:00AM and bids read aloud; and WHEREAS, the bids have been reviewed by the Engineering Department who determined that Legend Excavating LLC is a qualified and responsible lowest bidder, and recommends that the contract be awarded to them. BE IT RESOLVED, that the contract for this project is awarded to Legend Excavating LLC for $1,170,416.00 total bid, that the Town Supervisor is authorized to sign the contractual agreement, and that the Notice of Award and Notice to Proceed be issued at the appropriate times. BE IT FURTHER RESOLVED, that all project costs will be initially funded from the Town of Hamburg General Fund Balance (A000-0000-0909-0000), pending reimbursement from FEMA and the 25% local match of will be fully funded by the General Fund balance (A000-0000-0909-0000) and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the following budget amendments to transfer funds from the General Fund to the Jetty Restoration Capital Project Fund: GENERAL FUND (A): A000.0000.0599.0000 - Appropriated Fund Balance - $1,170,416 A000.9950.0975.0003 – Interfund Transfers to Capital Fund - $1,170,416 CAPITAL FUND (H): H114.0000.5031.0000 – Interfund Transfers from General Fund - $1,170,416 H114.7185.0281.0000-Capital Construction - $1,170,416 54

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.30. Polling Location Lease Agreement BE IT RESOLVED, that the Hamburg Town Board authorizes Supervisor Farrell Lorentz to execute the attached Polling Location Lease Agreement. ATTACHMENTS: 2026 BOE lease.docx 55

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POLLING LOCATION LEASE AGREEMENT CITY/TOWN & DISTRICTS This agreement made on the __________________________ (date), by and between the TOWN OF HAMBURG, hereinafter known and referred to as the OWNER, and the Board of Elections for the County of Erie, hereinafter referred to as the TENANT. Witnesseth that said OWNER has agreed to let, and by these presents, does hereby grant, demise and let unto the said TENANT the following described premises: CITY/TOWN DISTRICT(S): HAMB 031 LOCATION: HAMBURG TOWN HALL ADDRESS: 6100 South Park Avenue, Hamburg, NY 14075 The area to be leased is a room or location that has been pre-approved by the Board of Elections within the building suitable for registration and voting and which is as close as possible to a convenient entrance to such building that provides access, by ramp or otherwise, to physically disabled voters. PRIMARY CONTACT: Natalie Nitsche DELIVERY CONTACT: Natalie Nitsche PHONE NUMBER: 649-6111 Ex 2360 PHONE NUMBER: 649-6111 Ex 2360 EMAIL: [email protected] EMAIL: [email protected] BUILDING OPENER: Patrick Ryan CELL PHONE NUMBER: (716) 609-1514 EMAIL: [email protected] As a place to hold official voter registrations and conduct elections in accordance with the provisions of the New York State Election Law on the dates listed below: PRIMARY ELECTION: TUESDAY, JUNE 23, 2026 GENERAL ELECTION: TUESDAY, NOVEMBER 3, 2026 The TENANT agrees to pay the OWNER $100 for each election listed above for the use of 6100 South Park Avenue, Hamburg, NY 14075. The TENANT is to have uninterrupted use and possession of the leased area on each said date from 5:30 am, being one- half hour prior to the opening of the polls until 9:30 pm, being one-half hour after the closing of the polls or until the inspectors have completed their work, whichever shall be later. In the event an election is delayed or continues as a result of a common disaster to another date, the OWNER agrees to make available the leased area to the TENANT on said subsequent date. The OWNER hereby agrees to open the building for delivery and pick up of the voting machine(s) on a date mutually agreed to by the parties, between the third and sixth day prior to the election and between the first and fourth day following the election. 56

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The OWNER hereby promises, covenants and acknowledges as follows: A. To furnish necessary light, heat, and if available, cooling, to the leased area; B. To provide and set up twelve chairs and four tables no less than 48” in length for each machine delivered to the leased area; C. To ensure that the leased area is accessible to the public during the times heretofore specified and that the doors are opened; D. That there is a functional restroom facility available for use by employees of the TENANT during said day; and E. That political contributions by the OWNERS of a polling place are prohibited and that it is a misdemeanor for such OWNER to make, offer or promise any such political contribution as an inducement for the leasing of these premises. The TENANT hereby promises, covenants and acknowledges as follows: A. Not to use said premises, or any part thereof, for any purpose other than the official voter registration and election functions; B. Not to let or sign over said premises, or any part thereof, to another without the prior written consent of the OWNER; C. To punctually pay said rent as the same accrues; and D. To take special care that no damage happens to the building, or any improvements or fixtures therein. A breach of any promise or covenant made by the TENANT shall be reported by the OWNER to the commissioners of the Erie County Board of Elections as soon as practicable. If any damage shall occur to the leased premises as a result of the negligence by the TENANT or any of its agents or employees, the TENANT hereby agrees to cooperate with the OWNER in filing a claim for damages with the County of Erie. The County does not assume liability for the OWNER’s obligation to maintain and operate the property, building, premises and ingress/egress thereto in a safe condition. Any reported incident related to election operations will be investigated and evaluated by Erie County in cooperation with the lessor. The commissioners of the Board of Elections, no later than four weeks following the receipt of the fully executed lease agreement and the conclusion of the election, shall transmit to the Erie County Comptroller a voucher, in the form required by said comptroller, requesting prompt payment of the rental due to the OWNER in the amount stated above. In the event that following the execution of this lease agreement, the premises shall become damaged, restricted, or placed under repair to such an extent that the leased area is no longer suitable for the conduct of voter registration and election, the TENANT shall have the right to terminate this lease agreement. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above mentioned. ERIE COUNTY BOARD OF ELECTIONS: OWNER: Town of Hamburg ___________________________________ BY: ___________________________________ Ralph M. Mohr, Commissioner of Elections Elizabeth Farrell Lorentz Town of Hamburg Supervisor ____________________________________ Howard Johnson, Commissioner of Elections 57

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Town Board of the Town of Hamburg June 8, 2026 Meeting 4.31. Buffalo Bills NFL Stadium Economic Impact Area & Town of Hamburg CFA Zoning Updates Public Hearing and Lead Agency Resolution Whereas, the Hamburg Town Code contains and specifies the local laws and ordinances of the Town of Hamburg; and Whereas, in December 2023, the Town of Hamburg was awarded $126,000 on competitive basis from New York State Department of State (NYSDOS) for the development of the Buffalo Bills NFL Stadium Economic Impact Area & Town of Hamburg Zoning Update Project; and Whereas, after numerous Committee and stakeholder meetings, extensive public outreach, and agency coordination, the Town’s CFA Zoning Committee and Fisher Associates as the project consultant have developed specific Code and zoning map revisions; and Whereas, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law as follows: Be it enacted by the Town Board of the Town of Hamburg, New York, that the Hamburg Town Board amends the Hamburg Town Code as follows (full copies attached): Amend Chapter 280 (Zoning) by adding a new Article, entitled “SIA - Stadium Impact Area District” Amend Article LVI McKinley Mall Area Incentives Append the “Bills Stadium Economic Impact Area Plan” to the Comprehensive Plan; and Whereas, pursuant to Municipal Home Rule Law, the Town Board is also proposing to enact a local law which proposes to amend the Town’s Zoning Map as follows: Be it enacted by the Town Board of the Town of Hamburg, New York, that the Hamburg Town Board amends the Town Zoning map as follows (as illustrated on the attached maps): Rezone SBL # 160.19-1-4.1 from R-3 to SIA Rezone SBL # 160.16-1-12 from R-3 to SIA Rezone SBL # 160.11-2-17 and 160.15-1-28 from HC to MU-1 Rezone SBL # 160.11-2-18 from NC to MU-1 Rezone the following SBL #s 160.11-2-19, 160.11-2-20, 160.11-2-21, 160.11-2-22, 160.11-2-23, 160.11-2-24, 160.11-2-25, 160.11-2-26, 160.11-2-27, 160.11-2-28, 160.11-2-29, 160.11-2-30, 160.11-2-31, 160.11-2-32, 160.15-1-20, 160.15-1-18, 160.15-1-16, 160.15-1-14, and 160.15-1- 12.2 from C-3 to MU-1 58

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Rezone the following SBL #s: 160.15-1-24.1, 160.11-2-8.113, 160.11-2-8.12, and 160.11-2-9 from C-2 to MU-1 Rezone the following SBL #s: 160.14-2-35, 160.14-2-37, 160.14-2-49, and 160.14-2-50 from R- 2 to MU-1 Now, Therefore, Be It Resolved , pursuant to Part 617 6NYCRR, Article 8 of the Environmental Conservation Law (SEQRA), it is the intent of the Town of Hamburg Town Board to establish itself as SEQR Lead Agency and conduct a coordinated review of these proposed zoning map amendments and proposed revisions to Chapter 280 Zoning in the Town Code. Be It Further Resolved, the Hamburg Town Board hereby authorizes the referral of these proposed zoning map amendments and proposed law amendments to Erie County. Be It Finally Resolved, the Hamburg Town Board sets a Public Hearing on these proposed amendments at the Hamburg Town Hall, 6100 South Park Avenue, Hamburg, NY at 7:00 pm on June 22nd, 2026. ATTACHMENTS: Hamburg Stadium Impact Area Zoning DRAFT JTR Comments 5.14.26 (1).docx Hamburg Zoning Update Memo_05.14.26_McKinley.docx Part 1_Attachment_Description of Proposed Action.docx Part 1 Full EAF - HamburgSIA (1).pdf 59

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Hamburg Stadium Impact Area (SIA) District Draft Zoning Ordinance Notes  This will create a new zoning district  On zoning map, change the site from existing Multifamily to SIA  Location: Current code has Articles for each district. Numbering will need to be updated  Add definition: a) Hotel, luxury/boutique. A lodging facility, primarily for transient guests for compensation, that provides access to or offers ancillary amenities and accommodations which may include but is not limited to a minimum of two or more of a restaurant and/or lounge or bar area, swimming pool, fitness center or similar amenities that would be consistent with industry standards as additional benefits for the patrons of such lodging facilities. Such hotel shall be officially designated as a four or five-star hotel as determined by an independent third party ratings system. 60

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HAMBURG SIA DISTRICT ZONING 2 ARTICLE XYZ 280-XYZ PURPOSE A. The Stadium Impact Area (SIA) District is established to guide development of the area adjacent to the Buffalo Bills Highmark Stadium. The intent of this district is to: 1. Implement the vision, goals, and development guidelines of the Bills Stadium Economic Impact Area Plan (2025). 2. Facilitate the creation of a vibrant, mixed-use neighborhood that complements the stadium while serving as a year-round destination for residents, visitors, and businesses. 3. Encourage a diverse mix of uses including entertainment, commercial, cultural, and recreational that generate activity throughout the year and contribute to a strong local identity. 4. Promote walkable development patterns that support safe and attractive pedestrian circulation, reduce reliance on automobiles, and integrate multiple modes of transportation though construction aligned with complete streets principles. 5. Develop world-class public open spaces, plazas, and civic amenities as integral components of redevelopment. 6. Ensure sensitive transitions between new development and surrounding single-family neighborhoods by requiring landscaped buffers and other appropriate measures. 7. Establish high-quality design standards for buildings, streetscapes, and public spaces that imbue vibrant community character and foster a wholesome environment for both game- day visitors and everyday users. 8. Coordinate new development with transportation, utility, and infrastructure improvements to ensure accessibility, efficiency, and long-term viability. 9. Provide flexibility in site planning and building placement to allow innovation while ensuring consistency with the Town’s Comprehensive Plan and the adopted Bills Stadium Economic Impact Area Plan. 280-XYZ Relationship To Other Regulations 1. Unless otherwise provided herein, all development within the Stadium District shall comply with the standards, procedures, and requirements of the Town of Hamburg Zoning Code. 2. Where a standard in this article conflicts with the Town of Hamburg Zoning Code, the provisions of this article shall govern. 3. Where a standard is not identified in this article, the applicable provisions of the Town of Hamburg Zoning Code shall apply. 61

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HAMBURG SIA DISTRICT ZONING 3 Section 280-XZY Required Process A. Objective. The objective of this process is to ensure that the SIA is developed as part of a cohesive master plan approved by the Town Board. An applicant may not subdivide land within the SIA for the purposes of avoiding the objectives of this process. B. Approval for an application shall be through the Town’s Special Use Permit process in accordance with Article XLVI of this Chapter and any provisions of this Article XYZ. Where a conflict exists between the provisions of Article XLVI and this Article XYZ, the provisions of this Article shall prevail. C. For purposes of this Article XYZ, the Town Board shall authorize Special Use Permits. If the Town Board finds the application in accordance with the intent of this district and Bills Stadium Economic Impact Area Plan, the Town Board will refer the application to the Planning Board in accordance with Article XLVIII of the Town Zoning Code. The final approved Plan will represent the approved uses for the site. D. As part of the application process, the applicant shall submit a conceptual plan of development for the district and appropriate State Environmental Quality Review Act (SEQRA) information. As part of approval for the Special Use Permit, the Town Board must find the application in accordance with the intent of this district, the Buffalo Bills Stadium Economic Impact Area Plan, and the Comprehensive Plan. The final approved Plan will represent the approved uses for the site. E. A Special Use Permit shall only be granted for a single plan that covers the entirety of the SIA district, or multiple plans, where each plan complies with all design requirements of this district, the Buffalo Bills Stadium Economic Impact Area Plan, and the Comprehensive Plan and all plans in total meet all requirements of and cover the entirety of the entire SIA district. Any subdivision of land within the SIA must occur after a Special Use Permit approval is granted. Any land that has been subdivided is subject to the obligations and requirements associated with the master plan. F. Once a Special Use Permit is received for the uses and overall layout of the site, the owner of the site may need to come before the Planning Board for subdivision approval and to receive full site plan approval for proposed phases of the project. This approval will follow the requirements of site plan approval under Article XLIV but will only involve the Planning Board as a recommending board, with the Town Board responsible for subdivision and/or site plan approval. G. Once the Special Use Permit is granted, if the owner wishes to change the plan or change or add additional uses, a new application would need to be submitted, following the same procedure noted in Subsection A above. H. Alternative Approval Process 1. For the SIA Zoning District, the Hamburg Pre-permitted Site Incentive Law can be utilized to establish this site as a “Pre-Permitted” site in the Town of Hamburg. This process (described in the Pre-Permitted section of the zoning law), of obtaining a “Pre- Permitted” site designation, can allow the Town and future owners/developers of the site to set more parameters for development that relate to the impacts of the development of this site, and allow the development to take place without an extended process. The required 62

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HAMBURG SIA DISTRICT ZONING 4 GEIS for Pre-Permitted designation will also set thresholds and conditions and further evaluate layouts of the site. 2. As stated in the Pre-Permitted law, if this designation is received, proposed development phases and projects would not be subject to further Town Board/Planning Board reviews. Engineering plans/site plans/subdivision plans will be submitted to a SIA District Committee, to be set by the Hamburg Town Board (the format of these plans shall be in accordance with the Town requirements for site plan/subdivision review). If this Committee finds the project to be in conformance with the SEQR findings and Town standards, and other regulatory permits and approvals have been issued, the applicant can proceed with applications to the Town Building Inspection Department for site-clearing and building permits. Section 280-XYZ Objectives In reviewing proposals within the SIA, the Town Board shall consider whether the following objectives are achieved. To demonstrate that these objectives are achieved the applicant shall develop a plan that complies with the principles and physical character described in the Buffalo Bills Stadium Economic Impact Area Plan (2025). A. Economic Vitality. Creation of a unique destination that supports attracts private investment and expands the Town’s tax base. B. Integrated Land Uses. Promotion of a cohesive land use mix, including retail, dining, entertainment, residential (townhomes and other smaller scale residential building types), office, and community facilities, arranged in a compact and walkable pattern. C. Public Realm Excellence. Provision of usable and well-located open spaces, plazas, and pedestrian-oriented streets that create a vibrant public life. D. Neighborhood Compatibility. Preservation and enhancement of surrounding residential character through transitional design, green buffers, and context-sensitive building massing. E. Transportation and Access. Advancement of multimodal circulation systems—including pedestrian, bicycle, shuttle, and vehicular access—that mitigate traffic impacts and improve safety, particularly on event days. F. Design Quality. Coordination of architectural styles, building forms, and site design to achieve compatibility, visual interest, and climate-appropriate construction. G. Environmental and Cultural Stewardship. Preservation and integration of natural features, sustainable practices, and opportunities for cultural or recreational facilities that reflect Hamburg’s community identity Section 280-XYZ Dimensional and Development Standards A. This section provides dimensional standards for various roadway types and building types in the SIA. Applicants should reference the Bills Stadium Economic Impact Area Plan (2025) for additional guidance. B. Maximum height within 1,000 linear feet of the nearest face of the Buffalo Bills Stadium is 35 feet. This height maximum supersedes the maximum heights described elsewhere in this district. 63

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HAMBURG SIA DISTRICT ZONING 5 C. Streets and Roadways 1) General. The applicant shall create a network of roadways throughout the site. These roadways within the SIA shall be developed according to a hierarchy of streets based upon their intended use and adjacent land use. The roadways shall be designed to accommodate all users of the road in accordance with complete streets principles. Street Type Tier 1 – Access Streets Description Tier 1 roadways connect the site to external roadways and distribute traffic throughout the district. They are designed to handle the traffic associated with development on throughout the year, including during events at the stadium. A. Setbacks1 15 feet minimum, 30 feet maximum B. Sidewalks 6 feet minimum width. At its discretion the Town Board may approve alternative pedestrian infrastructure such as a multiuse path. C. Trees 50 foot spacing D. Height / Hotel, maximum six stories, 70 feet Other uses, maximum four stories, 55 feet E. Step-back 15 foot upper floor step-back required for buildings greater than three stories Block length Not applicable, however, crosswalks are required at all crossings. 1 For purposes of the SIA, setbacks refer to the front façade of the building to the roadway, whether a public right-of-way or internal to the private development 64

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HAMBURG SIA DISTRICT ZONING 6 Street Type Tier 2 – Pedestrian-Focused Streets Description Tier 2 roadways serve as the main commercial and pedestrian corridors of the district. They are designed for slower speeds and to enhance the pedestrian realm. They are generally located within commercial and mixed-use areas of the SIA A. Setbacks2 0 foot minimum, 20 feet maximum B. Sidewalks 12 feet minimum width. Sidewalks along Tier 2 streets shall be multi-functional. Three distinct zones shall be articulated to provide adequate space for circulation with a minimum clear width of 5’, adequate space for streetscape and amenities, and adequate space for activity in front of buildings. C. Trees 40 foot spacing D. Height Hotel, maximum six stories, 70 feet Other uses, maximum four stories, 55 feet E. Step-back 15 foot upper floor step-back required for buildings greater than three stories Block length Blocks shall not exceed 400 feet in length between intersections. Crosswalks are required at all intersections. 2 For purposes of the SIA, setbacks refer to the front façade of the building to the roadway, whether a public right-of-way or internal to the private development 65

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HAMBURG SIA DISTRICT ZONING 7 Street Type Tier 3 – Neighborhood Streets Description Tier 3 roads serve areas of the district that are primarily residential. A. Setbacks3 10 foot minimum, 30 feet maximum B. Sidewalks 6 feet minimum width C. Trees 35 foot spacing D. Height Maximum three stories Block length Blocks shall not exceed 300 feet in length between intersections. Crosswalks are required at all intersections. D. Building and Site Standards 1) Façade length: Maximum 200’ along front façade. 2) Ground floor transparency: Minimum 70% of the first floor of the front of a principal building shall be clear glass. This 70% requirement can be modified during the application process if Town Board determines the project contains other aesthetic features that enhance the visual impact of the District. Residential-only buildings are exempt from this requirement. 3) Orientation: Buildings must be oriented toward streets and open spaces, including placement of front entrances. 4) Avoiding blank walls: Blank wall surfaces greater than 20’ are prohibited if visible from streets or other public areas. Any side of the building that has frontage on a sidewalk or street shall include windows, doors, murals or other architectural articulations. 3 For purposes of the SIA, setbacks refer to the front façade of the building to the roadway, whether a public right-of-way or internal to the private development 66

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HAMBURG SIA DISTRICT ZONING 8 5) Concealing unappealing functions. Site layout shall be designed to minimize impact, visibility, and public view of service areas, loading docks, dumpsters, utilities, and other utilitarian functions of the property. The site layout should place these components on the side of the building with the fewest number of expected pedestrians to the degree practicable. In areas likely to be seen by pedestrians, these functions should be buffered with site landscaping, architectural screening, and fencing. Chain link fencing is not acceptable for screening purposes. 6) Mechanical equipment: Mechanical equipment, including metal chimneys and elevator penthouses at grade, attached to, or on the roof of a building, shall be screened from the view of the most adjacent street or driveway or they should be integrated into the overall design of the building through use of materials, placement, roof shape or form, or other means. E. Site standards for dwellings 1) Applicability. The following is applicable to single-family and two-family dwellings. 2) Purpose. Single- and two-family dwellings shall be developed in such a way that contributes to the walkable, mixed-use nature of the SIA District. 3) Single- and two-family dwellings shall be sited on lots 3,000 SF or less. 4) Single- and two-family dwellings are suitable only for Tier 3 streets as described in Section C above. 5) Single- and two-family dwellings are not permitted within 2,000 square feet of the nearest face of the Buffalo Bills Stadium. F. Building Materials 1) Buildings must use high quality materials that contribute to a vibrant neighborhood and resist deterioration. 2) Building facade materials permitted within the SIA include, but are not limited to, brick, concrete masonry, wood, cementitious fiber board, manufactured limestone, cast stone, masonry, stone, glass, terra cotta, cellular PVC trim, tile, and sustainable materials. 3) The following building materials are prohibited on any façade visible to the general public: a) Plain concrete block b) Glass block c) Exposed aggregate (rough finish) concrete wall panels, d) Exterior insulating finish systems (EIFS) e) T-111 plywood or oriented strand board (OSB) siding. f) Plastic g) Vinyl, except cellular vinyl trim may be used as decorative or detail elements for up to 25% of the facade. h) Metal, except as decorative or detail elements for up to 30% of the facade. 67

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HAMBURG SIA DISTRICT ZONING 9 i) Metal panels with a depth of less than one inch or a thickness less than U.S. Standard 26 gauge. j) Mirrored glass with a reflectance greater than 40%. G. Lighting 1) Placement of lighting fixtures shall be designed to provide adequate ambient light levels for safety and usefulness, and shall be configured to highlight pedestrian paths and building entrances. 2) Along Tier 2 and Tier 3 streets, site lighting shall use shielded and full cut-off fixtures that avoid spilling light onto neighboring streets, properties, structures, and into the night sky. Site lighting shall use low height fixtures, between 14 and 17’, which shall reinforce the pedestrian scale. H. Open Space Requirements. 1) District-Wide Standard. A minimum of 10% of gross site area within the development shall be preserved as usable open space. 2) Public Plazas. A publicly accessible plaza, depicted in the guidelines of the Bills Stadium Economic Impact Area Plan must be included in the approximate location identified on the Plan. Said plaza must be a minimum 5,000 square feet, designed with seating, shade, and active frontages. 3) Green Buffers. Landscaped buffers of 200 feet minimum are required along edges adjacent to existing residential districts. Applicants must demonstrate how said buffers provide adequate mitigation of impacts associated with development in the district, including impacts associated with but not limited to visual, traffic, and noise. I. Parking and Access. 4) Off-Street Parking Requirements. k) Applicants shall develop a parking plan to demonstrate how it will adequately accommodate parking demand associated with development. Applicants are encouraged to include multiple means to reduce parking demand and associated traffic impacts via Transportation Demand Strategies. l) Based upon an analysis of this plan, the Planning Board shall make a recommendation to the Town Board as part of the Specia Permit approval process. 5) Location a) Along a Tier 1 Street: Parking areas must be lined with landscaped buffers to minimize the visual impacts of parking areas. b) Along a Tier 2 or Tier 3 Street: Parking areas for mixed-use and non-residential buildings must be located to the rear or side of buildings and public spaces. When located on the side of a building the parking areas must contain a landscape buffer to minimize the visual impacts of the parking area. 6) Pedestrian Access. All parking areas must be connected via sidewalks or paths to adjacent streets and buildings J. Signs 68

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HAMBURG SIA DISTRICT ZONING 10 7) For applicable Sign regulations, see Article XXXVI. Section 280-XYZ Uses A. General Provisions. 1) Multiple uses are permitted on each lot. All uses are subject to the Special Use Permit process. 2) Where a use is not expressly listed, the Town Board shall determine whether it is: a) Substantially similar to a permitted use b) Permitted subject to conditions c) Prohibited 3) Location and mix of uses. The Buffalo Bills Stadium Economic Impact Area Plan (2025) shall serve as a guiding document governing the appropriate location and mix of uses within the SIA. Applicants are shall demonstrate how proposed uses align with the goals and vision articulated in the plan. Alternatives to the mix of uses envisioned in the Buffalo Bills Stadium Economic Impact Area Plan may be permitted at the discretion of the Town Board if the applicant demonstrates that the proposed plan meets the spirit and helps achieve the vision of said plan. 4) Mixed-use buildings are encouraged, but individual buildings may contain single uses, provided that the district contains a balanced mix in accordance with the Buffalo Bills Stadium Economic Impact Area Plan. B. Permitted Uses 1) Residential a) Dwelling, single-family (See Section 280-XYZ.E for applicable standards) b) Dwelling, two-family (See Section 280-XYZ.E for applicable standards) c) Townhouse d) Two-family homes e) Residential units as part of a mixed-use building, provided that the ground floor of any side facing a street or open space is occupied by non-residential uses. 2) Commercial and Retail b) Eateries, including restaurants, breweries, cafes, and bars. c) Financial Institution d) Retail e) Entertainment venues (indoor/outdoor performance spaces). f) Health clubs, wellness centers, fitness studios g) Hotel, luxury/boutique h) Office 3) Community and Civic 69

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HAMBURG SIA DISTRICT ZONING 11 a) Athletic facilities (indoor and outdoor) b) Community centers, cultural or recreational facilities c) Museums or cultural exhibits d) Public parks, plazas, and open spaces e) School f) Day care centers g) Educational facilities 4) Accessory Uses a) Parking facilities, including structured parking and surface lots b) ATM c) Temporary events and installations C. Prohibited Uses. The following uses are prohibited within the SIA and not permitted under any circumstances: d) Adult entertainment establishments e) Automotive repair f) Cannabis dispensary g) Car wash h) Distribution center i) Drive-through j) Filling station k) Industrial uses l) Mobile Home m) Motel n) Multifamily building, excluding mixed-use building o) Parking garage or parking lot as a principal use p) Smoke shop q) Storage facility r) Warehousing Section 280-XYZ Development Standards A. Infrastructure. All development shall be services by public water and sewer. The applicant must provide documentation of sufficient capacity to handle the needs of the proposed development. B. Transportation Impacts 1) Overview. Applicants must conduct a detailed traffic study and take appropriate measures to mitigate the negative traffic impacts associated with new development. 70

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HAMBURG SIA DISTRICT ZONING 12 2) Traffic Study: A study is required documenting existing traffic conditions in the vicinity of the proposed project, accurately describe the volume and effect of the projected traffic generated by the proposed project, and identify measures necessary and sufficient to mitigate any adverse impacts on existing traffic conditions. The Traffic Study shall contain the following: a) Existing traffic conditions: Measurement and assessment of average and daily peak hour vehicular, pedestrian and bicycle traffic volumes, average and peak speeds, sight distances, accident data and Levels of Service (LOS) of all intersections and streets within the project impact area and including any intersection projected to be adversely affected by the project over the No Build condition. b) Projected traffic conditions: Projected traffic conditions for the design year of occupancy, including a statement of the design year of occupancy, estimated background traffic growth on an annual average basis, and impacts of other proposed developments that have been approved in whole or in part by the Town of Hamburg or an abutting municipality which will affect future traffic conditions. c) Projected impact of proposed project: Projected peak hour and daily traffic generated by the project on the roads and ways in the project impact area, sight lines at the intersections of the proposed driveways and streets, existing and proposed traffic controls in the vicinity of the proposed Development Project, and projected post- development traffic volumes and Levels of Service (LOS) of intersections and roads likely to be affected by the proposed project. d) Traffic mitigation measures: Specific measures to be undertaken by the Applicant in order to mitigate the impacts of the proposed project. Mitigation measures may include both on-site and off-site measures. Measures may include but are not limited to intersection improvements, shuttle options, bicycle and pedestrian infrastructure, and other means to both accommodate vehicular traffic and promote multiple transportation options. The proposed mitigation measures, if approved, shall be required to be completed prior to the issuance of a final certificate of occupancy for the project component. e) Gameday and special events: The transportation study must include an analysis of traffic impacts related to events at the Buffalo Bills Stadium, including but not limited to Buffalo Bills games. C. Project Phasing. 1) At the request of the Applicant phasing of the project shall be permitted with Town Board approval, provided that the submission shows the full build-out of the Project and all associated impacts as of the completion of the final phase. Any off-site mitigation requirements shall be structured in phases to coordinate with the project buildout and must be completed prior to construction of that phase of work. 2) Phased projects will have time frames set at the time of approvals. If the time frames set for the construction of these phases are exceed, the applicant must return to the Town Board to update the plan. 71

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Date: May 14, 2026 To: Elisabeth Farrell Mark Mewlski Joshua Rodgers Project: Hamburg Zoning Update Re: Zoning recommendations outside of Stadium Impact Area District: McKinley Parkway Corridor and Mall SECTION 1. PURPOSE AND CONTEXT The Town of Hamburg initiated the Stadium Zoning Project to modernize zoning regulations and guide redevelopment surrounding the new Buffalo Bills Stadium. Early phases of this project focused on crafting a new zoning district, the Stadium Impact Area (SIA), to capture the area’s unique potential as a mixed-use, entertainment-oriented destination. With the SIA zoning now drafted, the Town is turning its attention to the broader Zoning Study Area, which extends beyond the immediate stadium vicinity and includes established residential neighborhoods, commercial corridors and industrial properties. While the SIA warranted the creation of a new zoning district, the rest of the study area will continue to rely on the Town’s existing zoning framework. This study area is divided into two components:  The first focuses on the McKinley Parkway corridor, including McKinley Mall. This area is walkable to the stadium and is integrally connected to the SIA. Zoning updates will occur concurrently with the SIA  The second focuses on other areas subject to the grant but not directly affecting the stadium impact area due to the geographic distance. This includes areas along Lake Avenue and in the northeast corner of town. The purpose of these memoranda is to identify locations where existing zoning districts and associated standards are misaligned with current or desired land uses and to recommend targeted map adjustments using existing zoning districts. These adjustments are intended to improve compatibility between existing and future development, reinforce the intent of the new SIA zoning, and ensure a coherent regulatory framework across the entire study area. 180 Charlotte Street • Rochester, New York 14607 • 585.334.1310 • fisherassoc.com 72

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180 Charlotte Street • Rochester, New York 14607 • 585.334.1310 • fisherassoc.com 73

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SECTION 2. MCKINLEY MALL AND SURROUNDING AREA Character: McKinley Mall represents an opportunity for complementary development at another large site, relatively close to the SIA. The site is more than 70 acres large, with a number of additional parcels surrounding the Mall property along McKinley Parkway. To the east of the mall are parks and residential areas. Throughout the country, numerous malls are being reimagined and redeveloped into mixed-use areas. These developments are based on several factors:  The nature of retail common with traditional malls has changed, due to a number of factors that has altered fundamentally demand. There is far less demand for a 180 Charlotte Street • Rochester, New York 14607 • 585.334.1310 • fisherassoc.com 74

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traditional malls that are inward facing, surrounded by a sea of parking, contain anchor stores with other chains (many of which can be purchased online).  Mixed-use development, with residential supplementing retail is often part of reimagined malls  These new developments tend to put a stronger focus on experiences, restaurants, walkability and the public realm. Overview of Recommended changes: Hamburg’s zoning code already has a McKinley Mall Area Incentives Zone (Article LVI). This is an overlay on top of the base zoning district to offer incentives to applicants that help implement the Town’s comprehensive plan goals. The zoning article provides a list of amenities and developer could provide. In exchange, the Town Board may provide a number of incentives that would help to make a project financially feasible (e.g., allowing mixed-use development, increased heights, etc.). The Town may also consider a cash payment in lieu of providing amenities. Given that there is already a district intended to facilitate redevelopment, it makes sense to make adjustments to this zone rather than create a new district. Adjustments should focus on specific elements that would be complementary to the SIA, which is approximately a mile to the south. It should be noted that zoning can help incentivize and facilitate the conditions for redevelopment, but there are a number of factors involved in whether a site gets developed, including a willing landowner, market conditions, etc. Zoning recommendations  Sec. 280-398 Purpose and intent. In addition to referencing the Town’s Master Plan, it should also reference the Bills Stadium Impact Area Plan (2025)  Sec 280-399 Area designated for incentives. The section references the Town’s Zoning Map, which does not seem to be posted online. The Town should confirm boundaries include surrounding parcels in addition the mall itself.  Sec 280-400 Amenities for incentives which may be offered. o Additions to this list include: shuttle bus to SIA and stadium, athletic facilities, parks and open space, parking (as an accessory use) to SIA and stadium. o The first bullet “(1) The reuse/transformation of components of the McKinley Mall incentive area” is nebulous. This should be deleted or amended to capture the original intent. o The third bullet “(3) Road improvements” should be expanded upon to better capture what this means. For example, “Road improvements, including intersection improvements, widened sidewalks, crosswalks, bicycle facilities, or other complete streets improvements that facilitate multimodal travel.” 180 Charlotte Street • Rochester, New York 14607 • 585.334.1310 • fisherassoc.com 75

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 Sec 280-401 Incentives Permitted. This section already, in effect, provides extremely flexible development, especially given that the final provision G states “Any other changes in the Zoning Ordinance of the Town of Hamburg provisions.” This provision suggests that the zoning itself is not causing a barrier to redevelopment. 180 Charlotte Street • Rochester, New York 14607 • 585.334.1310 • fisherassoc.com 76

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SECTION 3. MCKINLEY PARKWAY / SOUTHWESTERN BOULEVARD INTERSECTION Character: This area, immediately to the west of the proposed SIA District, contains autocentric commercial uses. They are primarily strip malls, with a grocery store, gas station, fast food, auto service center, a car dealership, etc. Furthermore, the roadways themselves are characterized by a complete primacy of motor vehicles with numerous travel lanes in each direction, albeit narrow sidewalks and crosswalks do exist. For example, the southern 180 Charlotte Street • Rochester, New York 14607 • 585.334.1310 • fisherassoc.com 77

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approach (pictured below) has six lanes of traffic in that direction (more than most interstate highways). Slight further north along McKinley Parkway, the roadway character changes slightly, with only two lanes in each direction. There are some single family homes along this area and the potential for additional housing; the roadway character, however, is still challenging here, as the roadway design encourages high speeds (straight roadway with wide travel lanes) and the area lacks sidewalks. Over the long term, this area has the potential to be an attractive gateway to the SIA and Bill Stadium, connecting a reimagined McKinley Mall area to the amenities of the SIA. From a practical perspective, this will be a major challenge, as most parcels are currently occupied and the autocentric roadway is not conducive to a walkable district that complements the SIA district. Overview of Recommended changes: This area contains several zoning districts: C2 (General Commercial), C1 (Local Retail Business), and C3 (Office). Both C1 and C2 are fairly similar, except that C1 focuses more on smaller scale businesses that serve the local community, where as C2 are more for chain retail, manufacturing, and autocentric uses. Dimensional standards are similar in both (e.g., 35 foot heights and 40 foot front setbacks). The Office district allows for office uses and much greater heights, although it is unlikely the small parcels currently designated as office would have demand for a tower in that location. 180 Charlotte Street • Rochester, New York 14607 • 585.334.1310 • fisherassoc.com 78

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Zoning recommendations The collection of parcels along McKinley Parkway (excepting the few parcels containing existing homes), including the parcels immediately to the west of the proposed SIA District, could be rezoned as Mixed Use, MU-1. This will provide the flexibility for parcels to be redeveloped in a manner that allows for mixed-use development, creating a corridor that is complementary in uses to the proposed SIA. 180 Charlotte Street • Rochester, New York 14607 • 585.334.1310 • fisherassoc.com 79

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Brief Description of Proposed Action (include purpose or need): The proposed action involves the adoption of the Town of Hamburg's "Bills Stadium Economic Impact Area Plan" and associated zoning for creation of a new zoning district called the "Stadium Impact Area (SIA) zone.” The action also involves complementary modifications to existing zoning districts in areas adjacent to the SIA. The Area Plan, which will be appended to the Town's existing comprehensive plan, sets forth a vision for the current Erie Community College (ECC), an approximately 100-acre site adjacent to the new Buffalo Bills Stadium. ECC has plans to vacate the property in coming years. The plan sets forth a vision for an innovative, walkable, mixed-use neighborhood. The plan includes a set of programmatic, urban design, mobility, and building guidelines for future developer(s) to implement the vision. The SIA zoning district facilitates creation of new development that aligns with the Plan vision. It sets forth a process for adoption that requires a district-wide conceptual plan to ensure a cohesive development. The district includes allowable uses focused on a midscale, walkable mixed-use environment, as well as transportation network standards that emphasize multimodal travel. North of the SIA, the action includes modest changes to the zoning. A collection of parcels along McKinley Parkway rezoned as MU-1. Further north, at the existing McKinley Mall, the McKinley Mall Incentive Zone would be modified to increase the types of amenities available as part of the incentives intended to spur redevelopment and be more complementary to the SIA. 80

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Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either “Yes” or “No”. If the answer to the initial question is “Yes”, complete the sub-questions that follow. If the answer to the initial question is “No”, proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part 1is accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: Hamburg Stadium Impact Area Plan and Zoning Project Location (describe, and attach a general location map): Town of Hamburg, Stadium Impact Area (current Erie Community College campus and adjacent areas) Brief Description of Proposed Action (include purpose or need): See attachment Name of Applicant/Sponsor: Telephone: 716.649.6111 Town of Hamburg E-Mail: [email protected] Address: Hamburg Town Hall, 6100 S Park Avenue City/PO: Hamburg State: Zip Code: NY 14075 Project Contact (if not same as sponsor; give name and title/role): Telephone: 716.649.2023 Joshua Rogers, AICP, Town of Hamburg Planning Department E-Mail: [email protected] Address: same as above City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: Various including Erie County-owned ECC South Campus E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 FEAF 2019 81

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B. Government Approvals B. Government Approvals, Funding, or Sponsorship. (“Funding” includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, 9 ✔ Yes 9 No Town Board [Plan and zoning adoption] June 2026 or Village Board of Trustees b. City, Town or Village 9 Yes 9 No ✔ Planning Board [Recommendation for Approval] June 2026 Planning Board or Commission c. City, Town or 9 Yes 9 No Village Zoning Board of Appeals d. Other local agencies 9 Yes 9 No e. County agencies 9 Yes 9 No ✔ Erie County Dept of Environment and Planning [GMU 239-L Review and Recommendation] f. Regional agencies 9 Yes 9 No g. State agencies 9 Yes 9 No h. Federal agencies 9 Yes 9 No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? 9 No 9 Yes ✔ ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ✔ 9 Yes 9 No iii. Is the project site within a Coastal Erosion Hazard Area? 9 Yes ✔ 9 No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the 9 Yes 9 No ✔ only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ✔ 9 Yes 9 No where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action 9 Yes ✔ 9 No would be located? b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; 9 Yes 9 No ✔ Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): _______________________________________________________________________________________________________ NYS Heritage Areas: West Erie Canal Corridor ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, 9 Yes ✔ 9 No or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Page 2 of 13 82

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C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. 9 Yes 9 No ✔ If Yes, what is the zoning classification(s) including any applicable overlay district? ECC_________________________________________________________________________________________________________ South Campus is currently zoned R3 (Multifamily), McKinley Mall is zoned C1 (Local Retail Business) with an overlay district (McKinley Mall Incentive Zone), and the other affected parcels are zoned C3 (Office). Other parcels in corridor are C2. _________________________________________________________________________________________________________ b. Is the use permitted or allowed by a special or conditional use permit? 9 Yes 9 No c. Is a zoning change requested as part of the proposed action? 9 Yes 9 No If Yes, i. What is the proposed new zoning for the site? New ___________________________________________________________________ SIA District, rezoning corridor to MU-1, modifications to McKinley Mall Incentive Zone C.4. Existing community services. a. In what school district is the project site located? Frontier ________________________________________________________________ Central School District b. What police or other public protection forces serve the project site? Town_________________________________________________________________________________________________________ of Hamburg Police Department; Erie County Sherriff; New York State Police c. Which fire protection and emergency medical services serve the project site? __________________________________________________________________________________________________________ Scranton Volunteer Fire Company; Mercy Hospital; Big Tree EMS d. What parks serve the project site? __________________________________________________________________________________________________________ Orchard Acres Park near the existing McKinley Malld. The Stadium Economic Impact Area plan envisions significant public open spaces. __________________________________________________________________________________________________________ D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? _________________________________________________________________________________________________________ b. a. Total acreage of the site of the proposed action? _____________ acres b. Total acreage to be physically disturbed? _____________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? _____________ acres c. Is the proposed action an expansion of an existing project or use? 9 Yes 9 No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % ____________________ Units: ____________________ d. Is the proposed action a subdivision, or does it include a subdivision? 9 Yes 9 No If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ________________________________________________________________________________________________________ ii. Is a cluster/conservation layout proposed? 9 Yes 9 No iii. Number of lots proposed? ________ iv. Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________ e. Will the proposed action be constructed in multiple phases? 9 Yes 9 No i. If No, anticipated period of construction: _____ months ii. If Yes: • Total number of phases anticipated _____ • Anticipated commencement date of phase 1 (including demolition) _____ month _____ year • Anticipated completion date of final phase _____ month _____year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: _______________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 3 of 13 83

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f. Does the project include new residential uses? 9 Yes 9 No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) Initial Phase ___________ ___________ ____________ ________________________ At completion of all phases ___________ ___________ ____________ ________________________ g. Does the proposed action include new non-residential construction (including expansions)? 9 Yes 9 No If Yes, i. Total number of structures ___________ ii. Dimensions (in feet) of largest proposed structure: ________height; ________width; and _______ length iii. Approximate extent of building space to be heated or cooled: ______________________ square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any 9 Yes 9 No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ________________________________________________________________________________ ii. If a water impoundment, the principal source of the water: 9 Ground water 9 Surface water streams 9 Other specify: _________________________________________________________________________________________________________ iii. If other than water, identify the type of impounded/contained liquids and their source. _________________________________________________________________________________________________________ iv. Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres v. Dimensions of the proposed dam or impounding structure: ________ height; _______ length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): ________________________________________________________________________________________________________ D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? 9 Yes 9 No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i .What is the purpose of the excavation or dredging? _______________________________________________________________ ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): ____________________________________________ • Over what duration of time? ____________________________________________________ iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iv. Will there be onsite dewatering or processing of excavated materials? 9 Yes 9 No If yes, describe. ___________________________________________________________________________________________ ________________________________________________________________________________________________________ v. What is the total area to be dredged or excavated? _____________________________________acres vi. What is the maximum area to be worked at any one time? _______________________________ acres vii. What would be the maximum depth of excavation or dredging? __________________________ feet viii. Will the excavation require blasting? 9 Yes 9 No ix. Summarize site reclamation goals and plan: _____________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment 9 Yes 9 No into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): ______________________________________________________________________________________________ _________________________________________________________________________________________________________ Page 4 of 13 84

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ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Will the proposed action cause or result in disturbance to bottom sediments? Yes 9 No If Yes, describe: __________________________________________________________________________________________ iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? 9 Yes 9 No If Yes: • acres of aquatic vegetation proposed to be removed: ___________________________________________________________ • expected acreage of aquatic vegetation remaining after project completion:________________________________________ • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ____________________________ ____________________________________________________________________________________________________ • proposed method of plant removal: ________________________________________________________________________ • if chemical/herbicide treatment will be used, specify product(s): _________________________________________________ v. Describe any proposed reclamation/mitigation following disturbance: _________________________________________________ _________________________________________________________________________________________________________ c. Will the proposed action use, or create a new demand for water? 9 Yes 9 No If Yes: i. Total anticipated water usage/demand per day: __________________________ gallons/day ii. Will the proposed action obtain water from an existing public water supply? 9 Yes 9 No If Yes: • Name of district or service area: _________________________________________________________________________ • Does the existing public water supply have capacity to serve the proposal? 9 Yes 9 No • Is the project site in the existing district? 9 Yes 9 No • Is expansion of the district needed? 9 Yes 9 No • Do existing lines serve the project site? 9 Yes 9 No iii. Will line extension within an existing district be necessary to supply the project? 9 Yes 9 No If Yes: • Describe extensions or capacity expansions proposed to serve this project: ________________________________________ ____________________________________________________________________________________________________ • Source(s) of supply for the district: ________________________________________________________________________ iv. Is a new water supply district or service area proposed to be formed to serve the project site? 9 Yes 9 No If, Yes: • Applicant/sponsor for new district: ________________________________________________________________________ • Date application submitted or anticipated: __________________________________________________________________ • Proposed source(s) of supply for new district: _______________________________________________________________ v. If a public water supply will not be used, describe plans to provide water supply for the project: ___________________________ _________________________________________________________________________________________________________ vi. If water supply will be from wells (public or private), what is the maximum pumping capacity: _______ gallons/minute. d. Will the proposed action generate liquid wastes? 9 Yes 9 No If Yes: i. Total anticipated liquid waste generation per day: _______________ gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): __________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Will the proposed action use any existing public wastewater treatment facilities? 9 Yes 9 No If Yes: • Name of wastewater treatment plant to be used: _____________________________________________________________ • Name of district: ______________________________________________________________________________________ • Does the existing wastewater treatment plant have capacity to serve the project? 9 Yes 9 No • Is the project site in the existing district? 9 Yes 9 No • Is expansion of the district needed? 9 Yes 9 No Page 5 of 13 85

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• Do existing sewer lines serve the project site? 9 Yes 9 No • Will a line extension within an existing district be necessary to serve the project? 9 Yes 9 No If Yes: • Describe extensions or capacity expansions proposed to serve this project: ____________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? 9 Yes 9 No If Yes: • Applicant/sponsor for new district: ____________________________________________________________________ • Date application submitted or anticipated: _______________________________________________________________ • What is the receiving water for the wastewater discharge? __________________________________________________ v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge or describe subsurface disposal plans): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ vi. Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point 9 Yes 9 No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? _____ Square feet or _____ acres (impervious surface) _____ Square feet or _____ acres (parcel size) ii. Describe types of new point sources. __________________________________________________________________________ _________________________________________________________________________________________________________ iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ • If to surface waters, identify receiving water bodies or wetlands: ________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ • Will stormwater runoff flow to adjacent properties? 9 Yes 9 No iv. Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? 9 Yes 9 No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel 9 Yes 9 No combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) _________________________________________________________________________________________________________ ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) ________________________________________________________________________________________________________ iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) ________________________________________________________________________________________________________ g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, 9 Yes 9 No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet 9 Yes 9 No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • ___________Tons/year (short tons) of Carbon Dioxide (CO2) • ___________Tons/year (short tons) of Nitrous Oxide (N2O) • ___________Tons/year (short tons) of Perfluorocarbons (PFCs) • ___________Tons/year (short tons) of Sulfur Hexafluoride (SF6) • ___________Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • ___________Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page 6 of 13 86

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h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, 9 Yes 9 No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ________________________________________________________________ ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): ________________________________________________________________________________________ _________________________________________________________________________________________________________ i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as 9 Yes 9 No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial 9 Yes 9 No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected (Check all that apply): † Morning † Evening †Weekend † Randomly between hours of __________ to ________. ii. For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): _____________ ________________________________________________________________________________________________________ iii. Parking spaces: Existing ___________________ Proposed ___________ Net increase/decrease _____________________ iv. Does the proposed action include any shared use parking? Yes No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: ________________________________________________________________________________________________________ vi. Are public/private transportation service(s) or facilities available within ½ mile of the proposed site? 9 Yes 9 No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric 9 Yes 9 No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing 9 Yes 9 No pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand 9 Yes 9 No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ____________________________________________ _________________________________________________________________________________________________________ ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other): ________________________________________________________________________________________________________ iii. Will the proposed action require a new, or an upgrade, to an existing substation? 9 Yes 9 No l. Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday - Friday: _________________________ • Monday - Friday: ____________________________ • Saturday: ________________________________ • Saturday: ___________________________________ • Sunday: _________________________________ • Sunday: ____________________________________ • Holidays: ________________________________ • Holidays: ___________________________________ Page 7 of 13 87

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m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, 9 Yes 9 No operation, or both? If yes: i. Provide details including sources, time of day and duration: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? 9 Yes 9 No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ n. Will the proposed action have outdoor lighting? 9 Yes 9 No If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? 9 Yes 9 No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ o. Does the proposed action have the potential to produce odors for more than one hour per day? 9 Yes 9 No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: ______________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) 9 Yes 9 No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored ______________________________________________________________________________________ ii. Volume(s) ______ per unit time ___________ (e.g., month, year) iii. Generally, describe the proposed storage facilities:________________________________________________________________ ________________________________________________________________________________________________________ q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, 9 Yes 9 No insecticides) during construction or operation? If Yes: i. Describe proposed treatment(s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ii. Will the proposed action use Integrated Pest Management Practices? 9 Yes 9 No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal 9 Yes 9 No of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: ____________________ tons per ________________ (unit of time) • Operation : ____________________ tons per ________________ (unit of time) ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ • Operation: __________________________________________________________________________________________ ____________________________________________________________________________________________________ iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ • Operation: __________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 8 of 13 88

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s. Does the proposed action include construction or modification of a solid waste management facility? 9 Yes 9 No If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ___________________________________________________________________________________ ii. Anticipated rate of disposal/processing: • ________ Tons/month, if transfer or other non-combustion/thermal treatment, or • ________ Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: ________________________________ years t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous 9 Yes 9 No waste? If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ___________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii. Generally describe processes or activities involving hazardous wastes or constituents: ___________________________________ _________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii. Specify amount to be handled or generated _____ tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? 9 Yes 9 No If Yes: provide name and location of facility: _______________________________________________________________________ ________________________________________________________________________________________________________ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. 9 Urban 9 Industrial 9 Commercial 9 Residential (suburban) 9 Rural (non-farm) 9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): ____________________________________ ii. If mix of uses, generally describe: __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ b. Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres +/-) • Roads, buildings, and other paved or impervious surfaces • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non-vegetated (bare rock, earth or fill) • Other Describe: _______________________________ ________________________________________ Page 9 of 13 89

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c. Is the project site presently used by members of the community for public recreation? 9 Yes 9 No i. If Yes: explain: __________________________________________________________________________________________ d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed 9 Yes 9 No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e. Does the project site contain an existing dam? 9 Yes 9 No If Yes: i. Dimensions of the dam and impoundment: • Dam height: _________________________________ feet • Dam length: _________________________________ feet • Surface area: _________________________________ acres • Volume impounded: _______________________________ gallons OR acre-feet ii. Dam=s existing hazard classification: _________________________________________________________________________ iii. Provide date and summarize results of last inspection: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, 9 Yes 9 No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? 9 Yes 9 No • If yes, cite sources/documentation: _______________________________________________________________________ ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ iii. Describe any development constraints due to the prior solid waste activities: __________________________________________ _______________________________________________________________________________________________________ g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin 9 Yes 9 No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any 9 Yes 9 No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site 9 Yes 9 No Remediation database? Check all that apply: 9 Yes – Spills Incidents database Provide DEC ID number(s): ________________________________ 9 Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________ 9 Neither database ii. If site has been subject of RCRA corrective activities, describe control measures:_______________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? 9 Yes 9 No If yes, provide DEC ID number(s): ______________________________________________________________________________ iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ Page 10 of 13 90

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v. Is the project site subject to an institutional control limiting property uses? 9 Yes 9 No • If yes, DEC site ID number: ____________________________________________________________________________ • Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________ • Describe any use limitations: ___________________________________________________________________________ • Describe any engineering controls: _______________________________________________________________________ • Will the project affect the institutional or engineering controls in place? 9 Yes 9 No • Explain: ____________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? ________________ feet b. Are there bedrock outcroppings on the project site? 9 Yes 9 No If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________% c. Predominant soil type(s) present on project site: ___________________________ __________% ___________________________ __________% ____________________________ __________% d. What is the average depth to the water table on the project site? Average: _________ feet e. Drainage status of project site soils: 9 Well Drained: _____% of site 9 Moderately Well Drained: _____% of site 9 Poorly Drained _____% of site f. Approximate proportion of proposed action site with slopes: 9 0-10%: _____% of site 9 10-15%: _____% of site 9 15% or greater: _____% of site g. Are there any unique geologic features on the project site? 9 Yes 9 No If Yes, describe: _____________________________________________________________________________________________ ________________________________________________________________________________________________________ h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, 9 Yes 9 No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? 9 Yes 9 No If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, 9 Yes 9 No state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name ____________________________________________ Classification _______________________ • Lakes or Ponds: Name ____________________________________________ Classification _______________________ • Wetlands: Name ____________________________________________ Approximate Size ___________________ • Wetland No. (if regulated by DEC) _____________________________ v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired 9 Yes 9 No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________ ___________________________________________________________________________________________________________ i. Is the project site in a designated Floodway? 9 Yes 9 No j. Is the project site in the 100-year Floodplain? 9 Yes 9 No k. Is the project site in the 500-year Floodplain? 9 Yes 9 No l. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? 9 Yes 9 No If Yes: i. Name of aquifer: _________________________________________________________________________________________ Page 11 of 13 91

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m. Identify the predominant wildlife species that occupy or use the project site: ______________________________ ______________________________ _______________________________ ______________________________ ______________________________ _______________________________ ______________________________ n. Does the project site contain a designated significant natural community? 9 Yes 9 No If Yes: i. Describe the habitat/community (composition, function, and basis for designation): _____________________________________ ________________________________________________________________________________________________________ ii. Source(s) of description or evaluation: ________________________________________________________________________ iii. Extent of community/habitat: • Currently: ______________________ acres • Following completion of project as proposed: _____________________ acres • Gain or loss (indicate + or -): ______________________ acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as 9 Yes 9 No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing (endangered or threatened):______________________________________________________________________________ ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of 9 Yes 9 No special concern? If Yes: i. Species and listing:____________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? 9 Yes 9 No If yes, give a brief description of how the proposed action may affect that use: ___________________________________________ ________________________________________________________________________________________________________ E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to 9 Yes 9 No Agriculture and Markets Law, Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: _________________________________________________________________ b. Are agricultural lands consisting of highly productive soils present? 9 Yes 9 No i. If Yes: acreage(s) on project site? ___________________________________________________________________________ ii. Source(s) of soil rating(s): _________________________________________________________________________________ c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National 9 Yes 9 No Natural Landmark? If Yes: i. Nature of the natural landmark: 9 Biological Community 9 Geological Feature ii. Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? 9 Yes 9 No If Yes: i. CEA name: _____________________________________________________________________________________________ ii. Basis for designation: _____________________________________________________________________________________ iii. Designating agency and date: ______________________________________________________________________________ Page 12 of 13 92

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e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 9 Yes 9 No which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: 9 Archaeological Site 9 Historic Building or District ii. Name: _________________________________________________________________________________________________ iii. Brief description of attributes on which listing is based: _______________________________________________________________________________________________________ f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 9 Yes 9 No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? 9 Yes 9 No If Yes: i. Describe possible resource(s): _______________________________________________________________________________ ii. Basis for identification: ___________________________________________________________________________________ h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local 9 Yes 9 No scenic or aesthetic resource? If Yes: i. Identify resource: _________________________________________________________________________________________ ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): ___________________________________________________________________________________________________ iii. Distance between project and resource: _____________________ miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers 9 Yes 9 No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ________________________________________________________________ ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? 9 Yes 9 No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name ___________________________________ Date_______________________________________ Signature________________________________________________ Title_______________________________________ PRINT FORM Page 13 of 13 93

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