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Town of Clarence Zoning Board of AppealsNine appeals, fences to a use variance with history
Town Hall, 1 Town Place · Tuesday, June 9, 2026 · 5:30 PM AGENDA · OUTCOMES PENDING
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Clarence Zoning Board of Appeals·June 9, 2026 — Agenda Preview

Use Variance with a Backstory · A Third Story on Wehrle · Three Fences · A Pond · A Subdivision

A Retail Use Variance Returns — This Time to the Zoning Board

The Clarence Zoning Board of Appeals took up a nine-appeal docket on June 9, led by two that carry real weight: 7631 Transit Road, LLC[*] seeking a use variance to operate a retail business in a Restricted Business zone—the same LENCO Supplies project the Planning Board pointedly denied in May precisely so it could land here—and Natale Builders, Inc.[*] seeking to add a third story to six multiple-family buildings on Wehrle Drive. The rest of the docket is the ordinary texture of a zoning board: three front-yard fence variances, a setback for a pond, a detached-garage cluster, an attached-garage setback, and a two-part variance to split a new lot off Herr Road. This is an agenda preview: what each applicant ASKED for. How the board ruled will follow once the Town posts the meeting minutes.

Why This Brief Is Different

The Zoning Board of Appeals meets in person and is not live-streamed (its agendas state "this meeting will be recorded" / "In-Person"). The WNY Listening Post therefore documents the ZBA from the Town's official paper trail—the posted agenda (what is requested) and, when it posts, the minutes (what was decided). This edition is built from the June 9 agenda only; ZBA minutes typically post on a lag of roughly two to three months. A follow-up with the board's actual decisions will run once the June 9 minutes are published. Nothing below is an outcome—each item is a request awaiting a vote.

Appeal No. 7: A Use Variance the Planning Board Sent Here on Purpose

The most consequential item on the docket is also the one with a history. 7631 Transit Road, LLC[*] is asking the Zoning Board for a use variance to operate a retail business at 7631 Transit Road, a parcel in the Restricted Business zone where large-format retail is not a permitted use. The code reference on the agenda is §229-76.

Readers who followed the Planning Board this spring will recognize the address. This is the site of the proposed LENCO Supplies[*] retail building—roughly 36,000–43,000 square feet on the former Bitterman's[*] automotive parcel. On May 20 the Planning Board issued a SEQR negative declaration and then denied the concept plan. That denial was not a rejection on the merits; it was the procedural move that routes the project to the Zoning Board, because the retail use isn't allowed in a Restricted Business zone without a variance. June 9 is the other end of that maneuver: the use-variance request the May denial was designed to trigger.

A use variance is the heaviest lift in zoning—harder to win than the dimensional "area" variances that make up the rest of this docket—so the board's eventual decision here, and its reasoning, is the thing to watch when the minutes post.

In the Docket
  • Applicant: 7631 Transit Road, LLC[*]
  • Site: 7631 Transit Road (former Bitterman's[*] parcel)
  • Zone: Restricted Business
  • Ask: use variance to operate retail (§229-76)
  • Backstory: Planning Board "denied to advance" the LENCO[*] concept plan on 5/20 to send it here.
  • Status: requested — outcome pending minutes.
Why "Deny" Sent It Here

When a use isn't allowed in a zone, the Planning Board can issue its environmental finding and then deny the concept plan—not to kill it, but because a denial is what lets the applicant take the use question to the Zoning Board for a variance. A reader who saw "denied" in May and "use variance" in June is looking at one continuous process, not two defeats.

Appeal No. 9: A Third Story for Six Buildings on Wehrle Drive

The docket's other heavyweight is a request from Natale Builders, Inc.[*] for a variance to allow a third story on six multiple-family housing buildings at 8080 & 8112 Wehrle Drive, a Commercial-zoned site (code reference §229-126(D)(1)(f)). A third-story allowance across six multi-family buildings is a meaningful density and massing question for the corridor—the kind of request that tends to draw both neighbor attention and board scrutiny. As with every item here, the agenda records only the request; the disposition will be in the minutes.

The Rest of the Docket: Fences, a Pond, and Two Garages

The remaining six appeals are the everyday work of a zoning board—mostly area variances, which seek relief from dimensional rules (setbacks, heights, lot sizes) rather than permission for a new use. Three are front-yard fence requests: Chris Louisos[*] seeks 2 feet of relief for a 6-foot fence at 9063 Orchid Ledge[*]; Lynn McCarthy[*] the same 2-foot relief for a 6-foot fence at 4866 Kraus Road; and Chris & Denise Santora[*] a larger 4-foot variance for an 8-foot fence at 5735 Newhouse Road. Daniel Thompson / CT & ST Family, LLC[*] seeks two variances—26 feet of lot frontage and 200 square feet of lot acreage—to split a new building lot off 6120 Herr Road onto Fairlane Drive. The Peter Jackson Trust[*] asks to let an existing pond sit closer than 100 feet to proposed property lines at 7039 Salt Road. Kenneth Weinstein[*] seeks a cluster of variances to build a 576-square-foot detached garage at 5870 Forest Creek Drive. And Carolyn Vinci[*] seeks a 6-foot-6-inch side-yard setback variance for an attached garage addition at 4445 Westwood Road.

The Full Docket — Click Any Row to Expand

All nine appeals as posted on the June 9 agenda. The right column shows the requested relief, NOT a decision — outcomes will be added when the Town posts the minutes.

7 7631 Transit Road, LLC[*] — retail use variance (LENCO site) Requested

Use variance to operate a retail business at 7631 Transit Road, Restricted Business zone (§229-76). The site of the LENCO Supplies[*] proposal the Planning Board denied-to-advance on 5/20/26.

Appeal 7 · use variance · outcome pending minutes

9 Natale Builders, Inc.[*] — third story on six multi-family buildings Requested

Variance to allow a third story on six multiple-family housing buildings at 8080 & 8112 Wehrle Drive, Commercial zone (§229-126(D)(1)(f)).

Appeal 9 · area variance · outcome pending minutes

1 Daniel Thompson / CT & ST Family, LLC[*] — lot split off Herr Road Requested

Variances of 26' lot frontage (to allow 99' along Fairlane Drive) and 200 sq.ft. of lot acreage (to allow 19,800 sq.ft.), to create one new lot of record along Fairlane Drive split from 6120 Herr Road. Residential Single-Family (§229-49(A), §229-50(C)).

Appeal 1 · area variances · outcome pending minutes

2 Chris Louisos[*] — front-yard fence variance Requested

Variance of 2' to allow a 6' fence within the front-yard setback at 9063 Orchid Ledge[*]. Residential Single-Family (§101-3(C)(2)).

Appeal 2 · area variance · outcome pending minutes

3 Lynn McCarthy[*] — front-yard fence variance Requested

Variance of 2' to allow a 6' fence within the front-yard setback at 4866 Kraus Road. Residential Single-Family (§101-3(C)(2)).

Appeal 3 · area variance · outcome pending minutes

4 Peter Jackson Trust[*] — pond setback variance Requested

Variance to allow an existing pond to be closer than 100' to proposed property lines at 7039 Salt Road. Agricultural Rural Residential (§93-19(D)(1)).

Appeal 4 · area variance · outcome pending minutes

5 Kenneth Weinstein[*] — detached garage variances Requested

Variances to allow a secondary detached garage; 376 sq.ft. to allow a 576 sq.ft. detached accessory structure; and 4' on the side-yard setback for a 6' detached accessory structure, at 5870 Forest Creek Drive. Residential Single-Family (§229-55(H), §229-55(E)(1)).

Appeal 5 · area variances · outcome pending minutes

6 Carolyn Vinci[*] — attached-garage side-yard setback Requested

Variance of 6'6" to allow a 6' principal-structure side-yard setback for an attached garage addition at 4445 Westwood Road. Residential Single-Family (§229-52(B)).

Appeal 6 · area variance · outcome pending minutes

8 Chris & Denise Santora[*] — front-yard fence variance Requested

Variance of 4' to allow an 8' fence within the front-yard setback at 5735 Newhouse Road. Residential Single-Family (§101-3(C)(2)).

Appeal 8 · area variance · outcome pending minutes

By the Numbers
9Appeals on the docket
1Use variance (the rest are area variances)
3Front-yard fence requests
6Multi-family buildings eyeing a 3rd story
Editor's Note

Compiled from the Town of Clarence's official posted agenda for the June 9, 2026 Zoning Board of Appeals meeting (nine appeals). The ZBA is an in-person, non-live-streamed board, so this is an agenda preview rather than a meeting summary; the board's decisions will be reported when the Town posts the June 9 minutes (only January–March 2026 ZBA minutes were posted as of this writing). Applicant and entity names are taken from the agenda, which is authoritative for spelling; names still carry the [*] verify-before-quoting flag pending the minutes, and "Orchid Ledge" is the agenda's spelling of a street not on the current Town street index (used as-is rather than "corrected"). No audio exists for this meeting; nothing here is a quotation.

Sources
[1] clarence_ZBA_20260609_agenda.pdf — Town of Clarence Zoning Board of Appeals, In-Person meeting, June 9, 2026, 5:30 PM (2-page agenda, nine appeals). Fetched from the Town's official ZBA agenda page (https://www4.erie.gov/clarence/agendas-zoning-board) by the meetings pipeline's agenda fetcher. This board is not live-streamed; no recording or transcript exists.
[2] Decisions/minutes: not yet posted. The Town posts ZBA minutes at https://www4.erie.gov/clarence/minutes-zoning-board on a lag (Jan–Mar 2026 available as of this writing). A follow-up brief will report outcomes when the June 9 minutes appear.
[*] Indicates a proper noun taken from the agenda and flagged for verification against the official minutes before quoting in any formal communication.
The WNY Listening Post · The Public Record · Town of Clarence Zoning Board of Appeals · Agenda Preview · Compiled 2026-06-11
Compiled from a public meeting agenda; this is a preview of requested relief, not a record of decisions. Outcomes follow in the posted minutes. Verify names, addresses, and code references before action.