Zoning Board of Appeals Meeting
Regular MeetingOrchard Park, NY · February 21, 2023
Agenda
TOWN OF ORCHARD PARK – ZONING BOARD OF APPEALS
AGENDA FOR FEBRUARY 21, 2023
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 February, 2023 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 6:30 P.M. (Members please be prompt.)
NEW BUSINESS
1. ZBA File #02-23, Cheryl Krantz-Emerling & Todd Emerling, 5128 Lake Avenue, Zoned R-3, SBL# 151.16-
3-25, (part of Farm Lot 446, Town 10, Range 7). Requests 2 Area Variances to construct a shed on their legal
non-conforming lot. The first Area Variance is to place the shed 4 feet off the side lot line [6 feet allowed].
Minimum side yard set-back is 6 feet. Nonconforming lots 60 feet in width or less shall have a side yard
setback of five feet. Side yard setbacks of nonconforming lots greater than 60 feet shall increase one
additional foot for each 10 feet of width up to the minimum side yard setback set forth in this chapter. §144-
20 (A)(2). The second Area Variance is to have the shed 2 feet off the primary structure. No accessory
structure shall be located closer than 10 feet to any primary structure §144-24 A(1)(c).
2. ZBA File #03-23, Daryn Rothenberger, 7415 Behm Road, Zoned A-1, SBL# 198.00-2-57.1, (Farm Lot 57,
Town 9, Range 7). Requests an Area Variance to increase the lot coverage to 8.45% for the construction of a
56 foot x 36 foot barn. Maximum lot coverage in an A-1 Zone is 8%, §144 Attachment 15 Schedule of Height,
Lot, Yard, and Bulk Regulations.
3. ZBA File #04-23, Joseph DeMarco, V/L Taylor Road, Zoned I-1, SBL# 161.00-5-30.11, (Part of Farm Lot
32, Town 9, Range 7). Requests an Area Variance for a 25 foot front setback to construct a 50 foot x 240 foot
office building. Minimum front setback in an I-1 Zone is 50 feet, §144 Attachment 14:1 Schedule of Height,
Lot, Yard and Bulk Regulations.
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: 1/26/23 Lauren Kaczor Rodo, Chairwoman
Orchard Park, New York Zoning Board of Appeals
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