Zoning Board of Appeals Meeting

**REVISED** TOWN OF ORCHARD PARK – ZONING BOARD OF APPEALS AGENDA FOR September 16, 2025 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 16th of September, 2025 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.) OLD BUSINESS 1 ZBA File#38-25, Edward & Jack Simoncelli (Richard Johnson representing), 5455 Webster Road, Zoned DR-2, SBL# 161.09-5-3.21, (Part of Farm Lot 32, Township 9, Range 7). Requests three (3) Area Variances for a non- conforming pedestal sign with a 12-inch wide pedestal. Pedestal shall not exceed 8-inches in horizontal dimension, §144-5 Terms Defined. The second is for an additional freestanding sign at the Southern end of the property. §144-38-B One freestanding sign may be erected. The third is for a pedestal sign ten (10) feet off the property line. §144C(1) No part of such sign shall be set back less than 15 feet from the right-of-way. ADJOURNED TO OCTOBER 2025, PENDING RECEIPT OF INFORMATION FROM APPLICANT 2 ZBA File#41-25, James Mortimer, 38 Alyson Drive, Zoned R-2, SBL# 153.20-2-17, (Part of Farm Lot 58, Township 9, Range 7). Requests a Use Variance to allow a residence and a business to co-exist on this parcel. §144-20 (D) Only one use shall be permitted on a lot. Uses permitted in R Districts shall not be permitted on the same lot with uses permitted in B Districts or I Districts. NEW BUSINESS 1 ZBA File#45-25, Kurt Mattia (Brian Effinger-JEB Architects representing), 12 Redbrick Road, Zoned R-1, SBL# 186.05-4-4, (Sub Lot 75, Map Cover 3190). Requests two (2) Area Variances for a 24 foot x 50 foot garage addition. The first is for 14.81% lot cover. The maximum lot cover for this R-1 is 14%, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations. The second is for a 10 foot, six (6) inch side setback. Minimum side setback in this R-1 zone is 15 feet, Section 144-9B Schedule of Height, Lot, Yard & Bulk Regulations. POSTPONED BY APPLICANT 2 ZBA File#46-25, Steven & Lisa Koziol, 17 Braunview Way, Zoned R-1, SBL# 162.15-4-21, (Sub Lot 35, Map Cover 2496). Requests an Area Variance to construct a 24 foot x 22 foot patio roof that will extend eight (8) feet from the existing pool. No pool shall be located closer than 10 feet to any building, Section 144-30c (6)(c). 3 ZBA File#47-25, Amy Burke, 32 Sonnet Drive, Zone R-1- CMO, SBL# 162.08-3-40, (Sub Lot 40, Map Cover 3547). Requests an Area Variance for a 16 foot, 6 inch x 14 foot deck on rear of single family dwelling creating a 22 foot rear setback. Minimum rear setback in a Conservation Management Overlay is 30 feet. Section 144- 17.1(D)(5), Conservation Management Overlay, Design Regulations for Principal Structure and Uses. 4 ZBA File#48-25, Shannon Thompson, 3030 Baker Road, Zoned R-2, SBL# 153.10-3-16, (Part of Farm Lot 463, Township 10, Range 7). Requests two (2) Area Variances to construct a 40 foot x 50 foot pole barn. The first request is to allow a dominating Accessory Use Area. Accessory Use Area shall not dominate Principal Use Area. 144-5 Terms Defined. The second for a five (5) foot side setback. Minimum side yard setback in this R-2 Zone is 10 feet. Section 144-9B, Schedule of Height, Lot, Yard, & 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: 8/20/2025 Lauren Kaczor Rodo, Chairwoman Orchard Park, New York Zoning Board of Appeals