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Town Board of the Town of Hamburg April 27, 2026 Meeting 4.29. SW Blvd and Big Tree Road Traveler Center Rezoning Approval Resolution Whereas, the Town of Hamburg received a request from Briad Development, LLC to rezone 4.14 acres of land (SBL # 160.18-1-9.1) located at the intersection of Southwestern Boulevard and Big Tree Road from C-1 (Local Retail Business District District) to C-2 (General Commercial District) for the development of a small-scale travel center, to be anchored by an 8,700 sq-ft building with gasoline service, accompanied by several quick-service restaurant (QSR) establishments, and other site improvements; and Whereas, the Hamburg Planning Board reviewed the rezoning request and recommended on February 4th, 2026, that this rezoning request be approved with conditions; and Whereas, a public hearing was held regarding the zoning map revision and subsequent project on March 9th, 2026 and comments were received from the public, and the Town completed the required Erie County 239 m referral; and Whereas, the Hamburg Town Board has determined that the proposed rezoning and project will not result in any significant negative effect on the environment and has issued a Negative Declaration and determined that the rezoning is in accordance with the Town's Comprehensive Plan. Now, Therefore, Be It Resolved, the Town of Hamburg Town Board hereby rezones the property identified above from C-1 to C-2 with the following conditions: 1. The following uses shall not be permitted: Laundry or dry-cleaning plants; Facilities for the manufacture, compounding, and assembly of products from previously prepared materials; Retail cannabis dispensaries; New or used motor vehicles sales (servicing of vehicles is allowed at these facilities); Terminals for local trucking and delivery service, but not including any tractor, trailer or tractor-trailer combination, or automobile conveyor, provided that all vehicle loading, unloading and parking is on the premises; Commercial car washes; Automotive repair services (including oil change, muffler and brake shops, collision shops and tire shops); and Towing and recovery impoundment areas, but not including auto wrecking or the storage of motor vehicles not eligible for New York State motor vehicle inspection stickers. 2. The fueling facility component of the project will comply with EPA and NYSDEC standards and shall require advanced engineering systems and operational safeguards. These protections will include double-wall tanks, leak detection technology, spill containment systems, operator training, alarm systems and regular inspections. 3. An adequate landscape buffer shall consist of a landscaped area, adjacent to Big Tree Road. The width and the landscaping to be provided in the landscaped area shall be determined by the Planning Board during the site plan review process. 4. All dumpsters to be located on the Project Site shall be enclosed by a six-foot-tall fence in accordance with Town requirements. 103