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P.B. Mtg. #04 P.B. Regular Mtg. #03 April 9, 2026 Page 2 5. Granted for the period from April 15, 2026 through November 15, 2026, based on the following: a. Such outdoor music would only be played no earlier than 12:00 p.m. and no later than 9:30 p.m. on Sundays and Thursdays, and no later than 10:30 p.m. on Saturdays. b. Such outdoor music will only be acoustic in nature. c. The only amplification of any noise would be a microphone for vocalists and acoustic guitars. d. The volume of any such music would always be maintained at levels so as not to cause any unreasonable nuisance for the community or neighbors. 6. If any issues or complaints arise, the Building Inspector is to submit a report to the Planning Board. 7. The Petitioner will provide the Building Department with a contract between the Applicant and a licensed fencing installer within 45 days of today, including an anticipated installation date. THE VOTE ON THE MOTION BEING: FABINSKY AYE HEPPNER AYE KACZOR AYE LONG AYE SCHECHTER AYE THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED. 2. P.B. File #13-25, 2868 Southwestern Boulevard, located on the north side of Southwestern Blvd. west of Angle Road, Zoned B-2/R-3. Applicant is requesting to construct a 7,500 square foot Pole Barn for his business, Miris Building Supplies. (SBL# 153.06-1-25) APPEARANCE: Lucas Metzger, Applicant Representative Mr. Metzger stated that the requested pole barn will be 7250 square feet, it will be used for cold storage, and it will have electrical. He also stated that the back part of the property is zoned R-3. Mr. Heppner inquired if there were any plans to develop the R-3 portion into the business. Mr. Minor answered that the portion of the property is landlocked and the Applicant cannot build more onto the parcel. Mr. Kaczor inquired if the Applicant could do storage there. Mr. Minor stated that the Applicant is allowed a certain amount of encroachment into the R-3 zone and that they have reached it already. Mr. Kaczor established that there were no neighbors in close proximity to the back of the property. Mr. Kaczor made a MOTION, seconded by Mr. Long, recommending that the Town Board approve the presented Site Plan and authorize a Building Permit, to construct a Pole Barn per the plan received on February 26, 2026, based on the following conditions and stipulations: 1. A referral to the Erie County Division of Planning was made in compliance with NYS General Municipal law §239 l-nn on November 5, 2025, with comments received on November 20, 2025. No recommendation was made. 2. This is an UNLISTED SEQR Action, based on the Short EAF submitted on September 26, 2025, and a Negative Declaration is made. 3. No additional outside lighting is proposed, and should lighting be considered in the future, the Applicant is directed to return to the Planning Board. 4. No outside storage or display is permitted. 5. Any future dumpsters shall be screened, in accordance with Section 144-25 of the Town Code. 6. The applicant is to provide the Town of Orchard Park Assessor with an “independent” appraisal for the completed project by a Certified Commercial Appraiser.