Southtowns Record

Town Board Regular Meeting Agenda, Apr 13, 2026 — Agenda

Government
Town of Hamburg
Board
Town Board
Meeting
Apr 13, 2026
Kind
Agenda
Topics
Zoning and land use, Public safety, Water, sewer and drainage, Budget and taxes, Roads and traffic, Parks and recreation

Original document

Same meeting

Text · page 128 of 146

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Town Board of the Town of Hamburg
April 13, 2026 Meeting
4.23. 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, that 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:
  All uses in the Permitted Uses section of the C-2 General Commercial Zoning District A§ 280-
  81(A) except for uses (2) Retail sales, (3) Eating or drinking establishments, and (23-f), but
  specifically filling stations, gasoline stations. Automotive repair services (including oil change,
  muffler and brake shops, collision shops and tire shops) are prohibited.
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.

5. Fully engineered plans will be prepared and submitted with a SWPPP & Engineer's Report during the
Site Plan Application review process, subject to Town Engineering review.

6. Dark sky compliant lighting will be provided for the entire project site and there will not be any
lighting spillover onto the residential properties to the rear of the project site.

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