Southtowns Record

Board of Zoning Appeals Meeting, May 5, 2026 — Minutes

Government
Town of Hamburg
Board
Zoning Board of Appeals
Meeting
May 5, 2026
Kind
Minutes
Topics
Zoning and land use, Public safety

Original document

Same meeting

Text · page 2 of 7

have to ask for a variance. Variances are very strictly only permitted under certain criteria that
is determined by New York State law, not the Town of Hamburg Law. Section 267(B) of New
York State Town Law says “no such variance shall be granted by a board of appeals without a
showing by the applicant that the applicable zoning regulations and restrictions have caused
unnecessary hardship. In order prove unnecessary hardship the applicant shall demonstrate to
the Board of Appeals that for each and every permitted use under the zoning regulations the
applicant (1) cannot realize a reasonable return provided that the lack of return is substantial as
demonstrated by competent financial evidence (2) that the alleged hardship related to the
property is unique, and does not apply to a substantial portion of the district or neighborhood,
(3) that the requested use variance if granted will not alter the essential character of the
neighborhood and (4) that the alleged hardship has not been self-created.” This is the very
limited authority of the Zoning Board of Appeals. If the applicant does not meet these criteria,
the Zoning Board has no authority to change the zoning. Attorney Gogan hopes this clarifies the
process for the Zoning Board of appeals for everyone. The Zoning Board of Appeals does not
change the zoning; they can only issue a variance under strict New York State guidelines. The
reason you want the board to follow those guidelines is so that they do not arbitrarily do it for
some other business. The Board has to be consistent with all of their decisions and follow those
guidelines.

Kathleen Moriarty, attorney with Attea & Attea, spoke on this variance next and represents the
10 Lives Club. She stated that 24 Karat is represented by a separate attorney, Mark Guglielmi of
Webster Szanyi. On April 23, she sent an email to the Town. It was a letter from attorney Mark
Guglielmi with a summary of taxes, utilities, and maintenance costs. The response she received
was that it was a good start, but they also want to see some indication of how it has been
attempted to be sold in the past and some of the difficulties in selling it. Moriarty stated that in
2017 the property was listed for $2.5 million and did not sell. In 2019 and 2020, it was relisted
for $1.55 million. In 2022, it was finally listed for $1.5 million. She said she has some issued with
client confidentiality but she stated that the current contract is just a fraction of that $1.5
million. To some degree she feels that the financial hardship is self-evident because he has
consistently gone down with his price over the past 10 years. In addition, it is a one acre parcel;
for most of the industrial uses that Attorney Joe Gogan listed, the lot is not large enough for an
industrial use to operate. 10 Lives already owns the building next to 24 Karat. She is not sure
where this falls in terms of being allowed to operate there in reference to when the town code
was written and did not allow that use (if they were grandfathered in or received a use
variance). When 24 Karat was operating there was significant drug use. 10 Lives has found
condoms and needles in the parking lot. She also stated that there was a murder there 10 years
ago. These are issues that would trouble any neighborhood. If anyone wanted to use this
property for an industrial purpose would need to tear down the existing building; it is a strip
club not set up for an industrial use. She apologized that the information was submitted late.
She just received the letter from the 24 Karat realtor the day before outlining the property
listing history.