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ZBA Mtg. #01 Regular Mtg. #01 February 17, 2026 Page 2 The CORRECTION TO THE MINUTES of MARCH 18, 2025 was UNANIMOUSLY approved. The Chair stated that all persons making an appeal before this Board would be heard in accordance with the Town Laws of the State of New York, Article 16, Sections 267, 267(A), 267(B) and 267(C), Subdivision 3, and the Town of Orchard Park Zoning Ordinance. Per Section 144-63 E (1) all public notices have been filed. Any person ag- grieved by any decision of the Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal, specifying the grounds of the illegality. Such petition must be presented to the court within 30-days after filing of the decision in the office of the Town Clerk. The Recording Secretary read the Affidavit of Publication and Posting of the Legal Notice for this meeting. The Chair stated that Site Inspections of all cases presented tonight were made by: METZ, AYE / BOWERS, AYE / MATEER, AYE / WILLIAMS, AYE / SZALKOWSKI, NAY The Chair presented the procedures to be followed at tonight’s meeting. The Chair stated that Mr. Szalkowski will be voting tonight in the absence of Ms. Rodo. OLD BUSINESS 1 ZBA File# 62-25, Amanda Schepis & Benjamin Nold, 5 Norwood Lane, Zoned R-1, SBL# 162.15-5-17, (Sub Lot 36, Map Cover 2870). A. Request for a Rehearing for an Area Variance for a fence in the side street yard. §144-63(E)(3). Zoning Board of Appeals shall refuse to hold further hearings on substantially similar application or appeal the same applicant, his successor or assign for a period of one year except and unless the Zoning Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred. B. Request two (2) Area Variances to install 120 linear feet of six (6) foot vinyl privacy fence in side street yard. Maximum height for a fence in a side street yard is 4 feet §144-22 A(2)(c). A Fence shall not exceed four feet in height. A fence shall be of open, decorative design and permit clear visibility through at least 80% of its vertical area. Note- previous request ZBA# 39-25 for 168 linear feet of six (6) foot vinyl privacy fence was denied in August 2025. Also, previous ZBA #43-01 case was granted for existing side yard fence. APPEARANCE: Amanda Schepis & Benjamin Nold, Applicants The Chair stated that such a rehearing would be allowable only upon a motion initiated by one of the members of the Zoning Board of Appeals and adopted by a unanimous vote of the members present but not less than a majority of all members. The Chair inquired if there was a motion from the Board to rehear case 62-25. (Twice) NO RESPONSE Hearing none, the Zoning Board of Appeals DECLINED THE REHEARING. 2. ZBA File #63-25, BaMarco Development LLC, V/L Bentley Drive (private), Zoned R-4, SBL# 161.70-1-15, (Part of Farm Lot 32, Township 9, Range 7). Requesting Area Variances for a proposed multiple dwelling, townhouse project with regard to the arrangement of buildings. No building shall be closer than 60 feet to another building nor 50 feet to the right-of-way of an access road. §144-46c (4)(a). APPEARANCE: Nicholas DeMarco, Applicant Angelo Tomasello, Applicant Partner The Applicant distributed an affidavit from the owner of 20 Bentley Drive, recapped the project and stated that variances had been granted previously. The variances now sought are less numerous than those previously granted. Those now sought are variances with respect to building separations for only the three (3) westerly buildings- from 60 feet to 50 feet- and the driveway on Unit 15 is proposed to be 31.96 feet.