Economic Development Committee

*REVISED* TOWN OF ORCHARD PARK – ZONING BOARD OF APPEALS AGENDA FOR July 21, 2026 NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Orchard Park, New York will hold a Public Hearing on Tuesday, the 21st of July, 2026 at 7:00 P.M. in the Orchard Park Community Activity Center, 4520 California Road, in said Town, in the matter of the following appeals: MEMBERS: Work session starts at 6:15 P.M. (Members please be prompt.) NEW BUSINESS 1. ZBA File #16-26, Mark Mazur, 4678 Abbott Road, Zoned R-2, (Part of Farm Lot 68, Township 9, Range 7, SBL # 171.12-4-4). Requests an Area Variance to allow an existing four (4) foot high split rail fence to remain in the right-of- way. The following types of fences, wall and hedges are specifically prohibited anywhere in the Town of Orchard Park; a fence, wall or hedge constructed within the right-of-way of any public street, §144-22D (7) *PER APPLICANT REQUEST, ITEM MOVED TO AUGUST 2026 AGENDA.* 2. ZBA File #17-26, James Balon, 51 Sonnet Drive, Zoned R-1-CMO, (Sub Lot 10, Map Cover 3547, SBL# 162.08-3-10). Requests an Area Variance for a 16 foot x 11 foot three-season room on the rear of Single Family Dwelling. This addition will create a 22 foot rear setback. Minimum rear setback in a CMO is 30 feet. No principal building shall extend closer than 30 feet to the rear lot line. The minimum distance between dwellings backing up to each other shall not be less than 60 feet. §144-17.1D (5), Conservation Management Overlay, Design Regulations for Principal Structure and Uses. 3. ZBA File #18-26, American Hammer Holdings LLC, (Eric Matwijow representing) 0 Abbott Road, Zoned SMU, (Part of Farm Lot 39, Township 9, Range 7, SBL # 161.17-3-13). Requests an Area Variance to install approximately 70 linear feet of 6 foot high chain link fence along the Northern property line, extending to the right-of-way of a vacant lot. Fence proposed to remain out of the right of way. Maximum height of a fence in a front yard is 4 feet. §144-22D (4). The following types of fences, wall and hedges are specifically prohibited anywhere in the Town of Orchard Park; chain-link fences in a front yard. *PER APPLICANT REQUEST, ITEM MOVED TO AUGUST 2026 AGENDA.* 4. ZBA File #19-26, Joseph Iafallo Sr, 4177 Abbott Road, Zoned SMU, (Lots 2 & 3 Map Cover 1541, SBL # 161.17-3- 9.1). Requests a Variance to extend the two Variances granted on June 17, 2025 (ZBA #21-25) for a side and front yard setback. The applicant requests to extend the granted Variances for 12 months. §144-63D (2)(d) - A decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorized permit within 12 months from the date of authorization thereof. 5. ZBA File #20-26, Andrew Kaminski, 7459 Michael Road, Zoned R-2, (Part of Farm Lot 468, Township 10, Range 7, SBL # 153.11-2-18). Requests an Area Variance to move an existing 10 foot x 10 foot shed from a non-compliant location to a location with a 6 foot 5 inch rear setback. Minimum rear setback for this R-2 lot is 10 feet 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations. 6. ZBA File #21-26, John Buss, 6860 Cole Road, Zoned A-1, (Part of Farm Lot 57, Township 9, Range 7, SBL # 198.00-5- 11). Requests an Area Variance to construct a 36 foot x 36 foot detached garage approximately 22 feet beyond the front of the primary structure. No accessary structure shall be located within the front yard, §144-24A (1)(b). 7. ZBA File #22-26, Kevin Nunn, 5002 Armor Duells Road, Zoned B-2, (Part of Farm Lot 37, Township 9, Range 7, SBL # 183.08-4-5). Requests an area Variance to create a parking lot to extend and connect business parking on adjacent property. §144-22K A driveway to any structure or any hard surface other than natural vegetation shall be located no closer than five feet to the lot line. This section shall apply to all lots in the business zones and the industrial Zones. A parking space shall have direct access to a street or alley, §144-5, Terms Defined. 8. ZBA File #24-26, 9274 Group Inc, 0 South Benzing Road, Zoned DR-2, (Part of Farm Lot 29, Township 10, Range 7, SBL #161.06-1-2). Requests a Use Variance to construct a flex use industrial building in a DR-2 Zone. Permitted uses in this DR-2 Zone do not include Flex use industrial buildings. §144-9A, Schedule of Use Controls. Attachment 14-A. THE PETITIONER OR AN AUTHORIZED REPRESENTATIVE MUST ACCOMPANY EVERY PRESENTATION. ALL PERSONS CONCERNED WITH OR INTERESTED IN THE ABOVE APPEALS WILL BE GIVEN THE OPPORTUNITY TO BE HEARD AT THIS PUBLIC HEARING. Dated: 06/19/2026 Orchard Park, New York Robert Metz, Chairman, Zoning Board of Appeals