Southtowns Record

Zoning Board of Appeals minutes — July 21, 2026

Government
Town of Orchard Park
Board
Zoning Board of Appeals
Meeting
Jul 21, 2026
Posted by publisher
Aug 24, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage

Original document

Text · page 8 of 9

ZBA Mtg. #06  Regular Mtg. #06  July 21, 2026  Page 8

  Ms. Bowers confirmed that Phase 2 of the project is not planned at this time, the means of ingress and egress,
  and that the remainder of the site will remain green until the point of its development.
  Mr. Szalkowski confirmed that this is the first step in the process for the Applicants, and that they are still
  required to go through the Planning Board and permitting processes.
  The Chair questioned the number of dumpsters to be stored, and if a berm would separate that space from
  the nearby residences.
  Mr. Rodriguez and Mr. Hopkins confirmed that there would be 10-20 dumpsters and also equipment (vehi-
  cles), and that the green space buffer existing today will remain.
  Mr. Mateer questioned whether a Variance would be required if the site had not been rezoned and Mr. Hop-
  kins stated that he believed no Variance would be required if the site had remained zoned Industrial.
  Mr. Mateer stated that the information provided regarding economic return seemed “light” and “glossed
  over.” For example, a permitted use would be for a hotel.
  Mr. Hopkins stated that Ellicott Development’s Tom Fox can fully discuss the viability of a hotel on this site.
  Unfortunately, he could not be here tonight, but additional information can be provided regarding that.
  Mr. Mateer inquired if there would be odors present and Mr. Rodriguez stated that there would be construc-
  tion and demolition debris in the dumpsters, having no odor.
  In response to a question from Mr. Mateer, Mr. Hopkins attempted to clarify the concept of flex use/ware-
  house spaces- incorporating storage for equipment with small office spaces.
  Ms. Bowers clarified that prior to rezoning, this would not have required a Use Variance. This prior Indus-
  trial zoning could have resulted in a much more intensive use of the property.
  The Chair then asked if there was anyone in the audience who would wish to speak in favor of the granting
  of the Variance.
  Joe Deck, owner of medical building at the end of South Benzing Road
  Mr. Deck stated that he, in partnership with others, has previously attempted to gain access to the Wal Mart
  property in order to gain access to Milestrip Road, but has been unsuccessful. He feels that the Town over-
  reached to rezone Benzing- it was always an Industrial street, not really part of the new stadium.
  The Chair then asked if there was anyone in the audience who would wish to speak in favor of the granting
  of the Variance.
  NO RESPONSE
  The Chair then asked if there was anyone in the audience who would wish to speak against the granting of
  the Variance.
  Lori Lawson, 3565 South Benzing Road
  This is a beautiful and quiet neighborhood. We moved here because of that. We wouldn’t have come here if
  we knew this would happen. This development will be in the heart of our neighborhood, literally in our front
  yards. There will be noise and traffic.
  Sharon O’Connor, 3557 South Benzing Road
  I own a duplex and am a parental caregiver. This is no place for traffic and large trucks. You should build a
  road to California Road or get an easement to Milestrip Road, consider a different entryway /exit.
  Sharon Fiederowicz, 3519 South Benzing Road
  The road is very narrow, and trucks get stuck in the circle. This will bring in a lot of extra traffic.
  The Chair then asked if there was anyone in the audience who would wish to speak against the granting of
  the Variance.
  NO RESPONSE
  The Chair closed the Public Hearing.