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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. 128