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'Surprised:' Orchard Park Town Councilman frustrated at continual rezoning discussion delays

The rezoning discussions have been hampered by learning pains and surprise delays.

ORCHARD PARK, N.Y. — The Town of Orchard Park continues to face delays as it tries to discuss new zoning to spur development around the current and future Highmark Stadium.

A public hearing scheduled for Wednesday, August 21 was delayed just like on July 3, July 17, and August 7. It now won't happen until October 2.

2 On Your Side spoke with Orchard Park Town Supervisor Eugene Majchrzak and Town Councilman Joe Liberti about why there have been so many delays.

“This whole project is massive for the town, there hasn’t been a zone like this ever, so we’re starting from the ground up,” Liberti said.

The process has involved a lot of “learning curves” and what he called "surprise" delays.

"You know every time we get to that formal meeting it's stalled," said Liberti.

2 On Your Side has documented four occasions where the town's public discussion on rezoning has been pushed back.

According to Liberti, the town first missed the deadline to notify the public about their hearing, which under New York State law must be posted 10 days in advance. On July 3, the Town Board, citing legal concerns, delayed again but did not specify what those concerns were. 

On another occasion, Liberti said the town failed to notify Erie County about the hearing, and according to Supervisor Majchrzak, this most recent delay was because signs for posting the meeting didn't show up on time.

"To be quite honest with you it's almost like a perfect storm it normally doesn't go this way but it is what it is and we'll get through it," said Majchrzak.

The delays have been frustrating for property owners and realty companies which are banking on the town's rezoning plan to sell and develop around the stadium.

“Once we start talking about the rezoning the clerk always brings up that we're missing x or y and that becomes a little frustrating on my part because I want to get the project moving,” said Liberti.

2 On Your Side asked Liberti and Majchrzak if these delays had been deliberate and if they'd been influenced in any way to slow down the process.

"Not that I'm seeing," Majchrzak said.

Liberti added: "I think it's a lot of learning pains because there is no zone like this... I don't want to say it's deliberate but it's definitely painful."

There is no cohesive plan for development in Orchard Park but the new stadium isn't expected to be completed until the beginning of the 2026 season, so Majchrzak said they have some time.

The town is finalizing a contract with a consultant to create such a plan. While he said he was not at liberty to discuss who the town is hiring, the Supervisor said the consultant is set to start discussions with the town engineer this week.

"I'm anxious to put something together with this consultant and put out a comprehensive plan," said Majchrzak.

Despite the formal August 21 public hearing being postponed, Liberti told 2 On Your Side he plans to share a short presentation at Wednesday's meeting about what the new zoning, including a new type called Development-Research 2 entails. He also hopes the public will attend and offer their insight.

“It’s good to get public input again, we’ll take that into consideration, and if it needs any tweaking then we’ll make those tweaks,” said Liberti.

When asked if he thinks these delays will be worth it Majchrzak said: "Yes it's a huge undertaking and we want to make sure we do it right the first time instead of having to go back."

The public hearing on rezoning has been rescheduled for October 2 at 7 p.m. at the Orchard Park Town Hall.

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