Southtowns Record

Board of Zoning Appeals Meeting, Jul 7, 2026 — Minutes

Government
Town of Hamburg
Board
Zoning Board of Appeals
Meeting
Jul 7, 2026
Kind
Minutes
Topics
Zoning and land use, Parks and recreation, Energy and data center siting

Original document

Same meeting

Text · page 3 of 7

All members voted in favor of the motion. GRANTED

Application # 6156 ZAK Management LLC– Requesting one (1) area variance for a proposed
play area for a day-care at 4090 Jeffrey Blvd (Zoned M-2)

Steve Geltz with Daryl Martin Architect Management spoke on this variance. They are asking for
a reduction in the size of the outdoor playground. The Town Code requires a certain percentage
based on the age number of the children. The total number of the children times the square
footage. There is a different square footage based on age. Younger children are 75 sq. ft. per
child and older children are 100 sq. ft. per child. The total based on the number of children that
will actively use the playground (excluding infants) would be 4,500 sq. ft., which is just under
the square footage of the interior build out, which includes offices and bathrooms, etc. They
are asking for a 1/3 reduction to get down to 3,000 sq. ft. for the outdoor playground.

Commissioner Falkiewicz asked the capacity of the day care. Geltz stated it is 66 children total.

The Board had no further questions.

Findings:

Mr. Adrian made a motion, seconded by Ms. Hahn, to approve Application # 6156.

Mr. Adrian reviewed the area variance criteria as follows:

• Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties – No there is not

• Whether the benefit sought by the applicant can be achieved by some feasible method other
than a variance – No it can not

• Whether the request is substantial – Not that substantial

• Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district – No it will not

• Whether the alleged difficulty was self-created – It is, but he believes the balancing test favors
granting the variance

All members voted in favor of the motion. GRANTED

Application # 6157 Joseph Russo – Requesting one (1) area variance for adding two proposed

accessory structures at 6584 Boston State Rd (Zoned RA)