Zoning Board of Appeals Meeting

TOWN OF ORCHARD PARK – ZONING BOARD OF APPEALS AGENDA FOR October 21, 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 21st of October, 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 #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. 2 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. NEW BUSINESS 1 ZBA File #49-25, Paul and Mary Beth Villalobos, 7 Wentworth, Zoned R-3, SBL#161.15-2-45, (Sub Lot 66, Map Cover 3472). Requests an Area Variance to construct a 12 foot x 16 foot shed. Addition of this shed will bring the lot cover to 18.38%. Maximum lot coverage in an R-3 zone is 15%, §144 Attachment 15 Supplement Height, Lot, Yard, and Bulk Regulations. NOTE: ZBA#07-25 granted 17.34% lot coverage for single family home in February 2025. 2 ZBA File#50-25, James Ball (Bammel Architects representing), 7576 Ellicott, Zoned R-1, SBL#185.00-3- 12.12, (Farm Lot 60, Township 9, Range 7). Requests an Area Variance to create two (2) contiguous residential lots with minimum street access. §144-22(F) two lots with minimum street access shall not be contiguous. 3 ZBA File#51-25, Karen Schoenhardt, 300 Sunset Terrace, Zoned R-2, SBL#162.13-2-10, (Part of Farm Lot 16, Township 9, Range 7). Requests an Area Variance to construct an 8 foot x 10 foot front covered porch with a 31 foot front setback. Minimum front setback for this R-2 lot is 40 feet, §144-9B, Supplemental Schedule of Height, Lot, Yard & Bulk Regulations. 4 ZBA File#52-25, Everette Pefley, 7516 Ellicott Road, Zoned R-1, SBL#185.00-3-13, (Part of Farm Lot 60, Township 9, Range 7). Requests an Area Variance to construct a 24 foot x 48 foot garage with an attached 30 foot x 8 foot car port which will create a Dominating Accessory Use Area. Accessory Use Area shall not dominate Principal Use Area, §144-5B, Terms Defined. Note: Existing shed to be removed. 5 ZBA File #53-25, Kevin Silk, 108 Middlebury Road, Zoned R-1, SBL#185.08-3-20, (Sub Lot 338, Map Cover 2335). Requests a Use Variance to utilize a CNC machine in the garage as a business to co-exist with the residence on this property. Uses permitted in R-districts shall not be permitted on the same lot with uses permitted in B-districts, §144-20D. CONTINUED OVER 6 ZBA File #54-25, James C. Stuhr, 6020 Seufert Road, Zoned A-1, SBL#197.00-3-40, (Part of Farm Lot 17, Township 9, Range 7). Requests two (2) Area Variances to construct a 40 foot x 80 foot pole barn forward of the primary dwelling. No accessory structures shall be within the front yard, Section 144-24A (1)(b). The second to allow an accessory building to dominate the Principal Use area. Accessory Use Area shall not dominate Principal Use Area, §144-5B, Terms Defined. 7 ZBA File #55-25, John Chryniewicz, 4990 Ellicott Road, Zoned R-2, SBL# 173.17-1-2.1, (Farm Lot 13, Township 9, Range 7). Requests an Area Variance to construct a 60 foot x 15 foot covered patio on existing 40 foot x 60 foot pole barn creating an Accessory Use dominating the Primary Use Area. Accessory Use Area shall not dominate Principal Use Area, §144-5B, Terms Defined. 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: 9/30/2025 Lauren Kaczor Rodo, Chairwoman Orchard Park, New York Zoning Board of Appeals CONTINUED OVER