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Hamburg Town Board approves rezoning of land on South Park and Bayview

HAMBURG — A quieter night than the Hamburg Town Board has grown accustomed to included the passing of several resolutions, two of which were in regard to a piece of property at the corner of South Park Avenue and Bayview Road.

Shaw and Shaw Properties LLC brought a request to that town a few months ago: to rezone this property from local retail district C-1 to neighborhood commercial general residence district NC. The matter had been brought to the public on Nov. 25, during a public hearing that eventually resulted in a petition.

Leading up to the town board’s meeting held on March 10, the town, according to the resolution, “in accordance with the State Environmental Quality Review Act, has determined that the proposed rezoning and proposed project will not adversely affect the natural resources of the state and/or the health, safety and welfare of the public.”

The board, therefore, resolved to issue a negative declaration, determining that the rezoning “is not anticipated to result in any significant adverse environmental impact,” according to the resolution moved by Supervisor Steven Walters.

The application from Shaw and Shaw, having been reviewed by the code review committee and the Hamburg Planning Board, was accepted by the town board on March 10 with three conditions, listed in the resolution:

1. “The site plan will be reviewed by the planning board.”

2. “The total build-out of the site will be limited to 48 residential units.”

3. “Berkley Square representatives will be notified when the site plan application is made to the planning board.”

Along with this decision, the board resolved to amend the zoning code of the town of Hamburg accordingly: “To amend Local Law No. 10 of the year 1986 of the code of the town of Hamburg Chapter 280 entitled ‘Zoning’ to provide for a change in the boundary of the zoning map whereby the zoning is changed from C-1 ... to NC ... for the property located at the northwest corner of South Park Avenue.”

Due to the fact that a valid petition regarding this issue was filed months ago, a “supermajority” was required to pass the resolution, as Walters explained. “All [board members] have to vote in the affirmative,” he said. The resolution unanimously passed.

In other board matters:
– A public hearing was held for the rezoning of property on the north side of Lakeview Road between Heltz Road and Southwestern Boulevard. The proposed rezoning is from C-2 to residential agricultural district R-A.

Planning Consultant Andrew Reilly pointed out that “almost everything in that area ... is single-family homes.”

The applicant is said to be looking to build a single-family house, but is not permitted, under the current zoning. However, as Reilly said, “there are people who do oppose this.” The cause of disagreement is that local commercial businesses are concerned that this rezoning may lead to further rezoning of nearby commercial areas. “They’re worried we’re going to start changing all [of] this area,” Reilly said.

There was no further comment, during the hearing. “No further action will be taken until the next board meeting, at the earliest,” Walters concluded.

– The board set a public hearing for 7 p.m. on Monday, March 24 for a proposed rezoning at 4462 Clark St. The rezoning is from M-1 (industrial park-research and development district) and R-3 (multi-family district) to C-1 (local retail business district).

A public hearing for this rezoning had previously been held last April 22; the board had issued a negative declaration and approved the rezoning on May 13, but conditions were not met in the allotted time frame. As a result, the rezoning was not re-filed. Those conditions have since been met, and the applicant has expressed wishes to move ahead with the project.

– “Any and all fees associated with the housing programs administered by the department of community development [are] waved by the town of Hamburg for a one-year period, starting April 1, 2014 and ending March 31, 2015,” read a resolution by the town board. The move was made in recognition of “the need for affordable housing within [Hamburg’s] boundaries.”

– Walters was authorized to sign a contract “by and between” the town of Hamburg and Housing Opportunities Made Equal Inc. that will “provide the town ‘comprehensive fair housing services.’” The time period will be April 1, 2014 – March 31, 2019.

“The town of Hamburg has continually partnered and contracted with [HOME] to provide comprehensive fair housing services for all persons, and to also ensure the town’s annual ‘Faire Housing and Equal Opportunity’ certification as required by the United States Department of Housing and Urban Development is attained,” the resolution, moved by Walters, read.

– The supervisor was authorized to sign a one-year agreement “by and between” Hamburg and the Hamburg Development Corporation for the use of the town’s Community Development Block Grant program funds.

– EECG Consulting LLC was awarded a contract for grant-writing services regarding a grant application for funding under the Safe Routes to School program, which is administered by the New York State Department of Transportation.

According to the resolution, “This was a project involving the design and installation of sidewalks and related pedestrian facilities in the vicinity of various schools within the Frontier Central School District.” The board’s 2012 application for this funding was not selected, because of the number of applicants at that time; additional funding has since been made available.

– In a late resolution, the board voted to terminate its contract with Woody’s Beach Club at Woodlawn Beach State Park, despite Councilwoman Cheryl Potter-Juda’s vote against the action. Walters said that his intention for acting now is to give advance notice to the vendor. The resolution passed 2 – 1.

The town will open the area to bids, which are due March 31.

– The board resolved to consider the installation of two fire hydrants for the Deer Springs Subdivision. The potential increase in revenue caused by the development of this subdivision is expected to offset any additional costs presented by the new hydrants.

The next town board meeting will be held at 7 p.m. on Monday, March 24 at the Hamburg Town Hall, which is located at 6100 S. Park Ave. in Hamburg.
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2014-03-19 | 00:03:03
How many more apartments
As a 20 year resident of the Town of Hamburg I have seen much change over the years and not for the better. Hamburg is becoming the town that apartments built. Drive down Rt 20 from South Park and see the numbers grow, with so many available vacancies why does the board seam to think we need or want more. I constantly read in the Sun that the town does not have the power to stop these developments where the zoning allows it, however here they did but instead chose to throw the area home owners under the bus once again. I've been to town board meetings where they lament the fact that Hamburg can't get the type of retail that East Aurora or OP have well when you continually lower the demographic what do you expect. Why is hamburg the only town to advertise if you can't afford to buy a home we'll help you with government grants you never here these adds from West Seneca OP Eden or East Aurora enough is enough.
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