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TOWN OF BOSTON – RESOLUTION NO. 2026 – 61 APPROVING SITE PLAN FOR MATT KOLO EXCAVATING, LLC 7631 ZIMMERMAN ROAD 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;