Southtowns Record

TB 2026-09-16 Agenda & Minutes

Government
Town of Boston
Board
Town Board
Meeting
Sep 16, 2026
Posted by publisher
Oct 1, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage, Parks and recreation, Audits and oversight, Budget and taxes, Roads and traffic

Original document

Same meeting

Text · page 5 of 9

REGULAR BOARD MEETING  TOWN HALL
SEPTEMBER 16, 2026  7:30 P.M.

WHEREAS, Matt Kolo Excavating, LLC has submitted an application to the Town
of Boston for Site Plan Approval to construct a commercial office building at
property located at 7631 Zimmerman Road, Town of Boston, Erie County, New
York (SBL No. 226.01-8-1.12), within the C-2 General Commercial District; and
WHEREAS, the proposed building and related site improvements are depicted
on the proposed site plan identified as Sheet S1.0, together with the
architectural rendering and other materials submitted by the applicant; and
WHEREAS, the Town Code Enforcement Officer inspected the subject property
and determined that the existing use of the property for the storage of
contractors’ equipment and materials is permitted within the C-2 General
Commercial District pursuant to Town Code § 123-78(A)(19)(h); and
WHEREAS, the Town Board referred the application to the Town of Boston
Planning Board for review and recommendation; and
WHEREAS, the Planning Board reviewed the application at its meeting held on
August 11, 2026, and recommended that the Town Board approve the proposed
project; and
WHEREAS, the Town Board has reviewed the proposed action in its entirety and
has determined that it constitutes a Type II action pursuant to the State
Environmental Quality Review Act and 6 NYCRR § 617.5(c)(9), because it
involves the construction of a nonresidential structure or facility containing
less than 4,000 square feet of gross floor area, together with customary
appurtenant site improvements, does not involve a change in zoning or a use
variance, is consistent with applicable local land-use controls, and does not
involve a radio communication or microwave transmission facility, and
therefore requires no further review under SEQRA;; and
WHEREAS, the Town Board conducted a duly noticed public hearing on
September 16, 2026, at which all persons wishing to be heard were given an
opportunity to comment on the application; and
WHEREAS, the Town Board has reviewed the site plan application, the
recommendation of the Planning Board, the public comments received, and all
other relevant materials submitted in connection with the proposed project;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Boston
hereby approves the Site Plan submitted by Matt Kolo Excavating, LLC for the
property located at 7631 Zimmerman Road (SBL No. 226.01-8-1.12), authorizing
the construction and use of the proposed commercial office building and
related site improvements depicted on the approved plans, subject to the
following conditions:
  1.  The project shall be constructed and maintained in substantial
conformity with the approved site plan, architectural rendering, and other
application materials submitted to and approved by the Town Board.
  2.  No improvements or uses are authorized by this approval other
than those specifically depicted or described in the approved plans and
application materials.
  3.  Any material modification to the approved site plan, or any
additional building or site improvements, shall require further review and
approval by the Town, as required by the Town Code.