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BRIERCLIFF HOMEOWNERS ASSOCIATION

PO Box 461, Hamburg, NY 14075

hoa@briercliffhomeowners.com

NEWS:

VISIT OUR BLOG for relevant information including the garage sale, neighborhood cleanup, brush & large trash collection.
DATO UPDATE: At the town board meeting on 11/04/24, Patti Michalek presented the following in conjunction with our request for a work stop order on DATO’s project. In 1988 when Burke proposed the Brierwood PUD, their application promised 100 Acres of undeveloped land and the promise of over 6-Miles of walking and jogging trails that would connect all of the various communities within the PUD. Over the course of its 30 year development, they have whittled that number down to 45 Acres of undeveloped space and have yet to finish a greatly reduced and disconnected, non-compliant trail system. From 1990 to 1994, Burke (the developer) was issued a half-dozen WORK STOPS by the Town and New York State Department of Environmental conservation for numerous violations and their refusal to comply with the Town’s many requests over a 4-year period for a Final PUD map and plan. It was specifically the Town’s WORK STOP order in 1992 that finally forced Burke to deliver the Undeveloped Open Space Comp Map and a Trail System Map. Later that year Burke used those maps as legal consideration to receive a Recreation Fee Waiver for the entire PUD – saving the developer hundreds of thousands of dollars. Today, we ask you to again have the Town Engineering Department issue a Work Stop for the DATO projects on the last two remaining parcels within the PUD until the Developer can prove to the Town that they have PROVIDED IN FULL, all of the following: 1.) Undeveloped Open Space, 2.) Recreation Space and 3.) That the Heart Trail System and has been fully installed and COMPLETED as required by the PUD Recreation Fee Resolution. Time is of the essence in this matter, as the developer has failed to produce such a map, even after numerous requests by the Town over the last 20 years. Issuing a Work Stop is the only way to get the developer to provide a map & report from a licensed engineer showing whether the Undeveloped Space acreage and Trail System have been provided in full. These “as built” calculations for each parcel in the PUD will allow comparison of the original Open Space Composite map to what was actually developed. This will provide undisputable FACTS to confirm whether they have or have not provided the required Undeveloped Open Space and Trails in exchange for saving over $350k in recreation fee payments from the developer to the town. We can easily demonstrate: 1.) that the Heart Trail, even in its significantly reduced format, is not completed and in its reduced form, is NOT in compliance with NYS DEC Open Space requirements, as the developer was informed in 1992 by Fred Holzman of the US Army Corps. 2.) that Saddlebrook, Sawgrass and Emerald Greens were all overdeveloped and FAIL to meet their undeveloped space requirements as labeled on the PUD Composite map. Please do not allow the developer to continue to negligently over develop the PUD and do not allow them to leave the required trail system unfinished – doing so financially benefits the developer and steals from the Town and its residents. The residents of the Town of Hamburg would have done great things with those recreation fees. After much discussion, board member & Briercliff resident Frank Bogulski requested a vote to issue a stop work order. Randy Hoak & Dan Kozub voted no. Frank voted yes. Megan Comerford & Briercliff resident Liz Farrell, both who understood the issue of the open space of the entire PUD, abstained. They felt the vote was premature until they received legal interpretation on whether the town board can issue a stop work order on DATO's project since it was already approved by the planning board. The town board would be in a better position to withhold the approval of the project at Rogers & Southwestern until DATO proves they have met the open space requirement for the entire PUD & completed the heart trail. At the town planning board meeting on 11/06/24, there was a public hearing regarding DATO’s proposed project at Rogers & Southwestern. Patti again presented our contentions that Burke//DATO has not proven that they’ve met the overall open space & heart trail requirements. The planning board understood the issues & will look into them

IMPORTANT DATES

The 2024 dues remain the same as last year ($250/single family homes & $125/duplex). Please add a note to your calendar to pay by 02/28/24! Pay your dues via Zelle hoa@briercliffhomeowners.com or mail to: Briercliff Homeowners Association, PO Box 461, Hamburg, NY 14075.
The minutes from the 08/04/2024 board meeting are posted under the Minutes/Documents tab. The following officers were elected by the board: President - Don Grundtisch, Vice Presidents - Matt Maciejewski and Jeff Crossett & Secretary - Kim Buck. There is a board position open - please contact any board member or officer if you're interested.

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Aug 71 min read

DATO Developments @ Rogers/Southwestern

There was a Public Hearing at Town Hall on June 17th regarding the mixed-use facility DATO wants to build at Rogers/Southwestern. Cheryl Potter and Patti Michalek along with residents from the Country Club Lane area attended. Sean Hopkins, attorney for DATO gave the presentation to our group of 30 residents/taxpayers.

Many spoke passionately about the effects Eagle Ridge has had on their property values, privacy, safety. "Hamburg is becoming a city like Amherst." "Cloverbank school is @ full capacity. We'll need additional school buildings. " "Our sewers can't handle the overflow". "We will be the ones to pay for this when DATO sells these apartments/townhouses. Why not build affordable homes? "

If approved by the Hamburg Town Board, this mixed-use project will compound the congestion in our area. The PUD regulations were supposed to protect and balance development in this Town. Burke Builders (now DATO) made promises of green space in 1988 which they have not kept.

Joshua Collins, a resident and realtor, represented the Brierwood development and would like to join us in petitioning the Town Board should DATO pursue this latest plan.

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