Southtowns Record

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

Government
Town of Hamburg
Board
Zoning Board of Appeals
Meeting
Apr 7, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage

Original document

Same meeting

Text · page 2 of 6

Chairman Dimpfl asked if the retail will just be related to the animals—pet food, accessories,
supplies, etc. Moriarty stated she believes so and that is her understanding.

Commissioner Yoder asked if there would be dogs. Moriarty stated no, not to her knowledge.

Commissioner Chapman asked about the condition of the inside of the building. Moriarty stated
they did a phase one and nothing turned up on that. There are no serious concerns.

Commissioner Falkiewicz stated that because part of this is a use variance, the board needs
documentation to show competent financial evidence; that without this variance, it would be a
detriment to the 10 Lives Club and there will be a loss in revenue. As an example, Commissioner
Falkiewicz brought up the phase one that was done. She said that probably cost thousands of
dollars and asked who paid for that. Moriarty stated that 10 Lives Club paid for that.
Commissioner Falkiewicz stated that the board needs something on paper showing the financial
loss. Moriarty stated that her understanding was that the financial loss documentation needed
to be for the seller. She wants to be clear on who she needs to get evidence from.
Commissioner Falkiewicz asked who is applying for the variance—10 Lives Club or 24 Karat.
Moriarty stated they are applying together because they are under contract for the purchase.
Falkiewicz stated that 10 Lives Club needs to get financial hardship documentation from the
seller—how long the building has been vacant, bills that have accumulated, property taxes,
insurance, real estate listings, etc. She asked if her client got a paper explaining the criteria for
the variance when they applied. Moriarty stated she doesn’t remember it coming to her but
she reviewed the town’s zoning code. Moriarty stated that she has been in contact with the
seller’s attorney regarding this financial documentation of the hardships. She did not know that
the board would need bills specifically. The bills have been paid and kept up to date she
believes. She has had trouble getting more specifics from the seller. She did state that the seller
has not had his liquor license for almost 10 years. With the buildings current use, it is nearly
impossible for the business to turn a profit. This would be the main hardship. Falkiewicz stated
again that they need a letter from an attorney or an accountant showing this. Moriarty also
stated that she believes this has been listed before and there we no takers. She is not sure what
led to the agreement with 10 Lives Club five or six years later.

Attorney Joseph Gogan stated that town code section 280- 316 A2 (b) “Appeals for Use
Variance” states “demonstrated by competent financial evidence”. Moriarty understands this
and reviewed the code. She will tell the attorney that this deal will not go through until the
board has this information.

The Board had no further questions.

Findings:

Ms. Falkiewicz made a motion, seconded by Mr. Yoder, to table Application # 6143.

All members voted in favor of the motion to table this application. TABLED