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Orchard Park’s five-story stadium zone stalls after 31 residents take the microphone

Orchard Park’s plan to allow five-story buildings near Highmark Stadium was tabled after 31 people spoke at an Oct. 7 hearing, most of them opposed. It is not on tonight’s Town Board agenda, while a tentative 2027 budget would raise the town levy 8 percent.

Fans walk along a fenced pedestrian walkway as cars and SUVs line up outside the new Highmark Stadium in Orchard Park under a gray sky

By Staff Reporter

ORCHARD PARK — The Orchard Park Town Board meets again tonight, and the most argued-over idea in town is not on the agenda.

That idea is the Gateway Mixed-Use zone, a proposed rewrite of the zoning around the new Highmark Stadium that would let buildings rise to 60 feet, about five stories, along corridors near Abbott Road, Big Tree Road and Southwestern Boulevard. The board tabled it Oct. 7 after a public hearing that ran nearly an hour and a half. By the count of Deputy Supervisor Scott Honer, 31 people stood up to speak, most of them against it.

Tonight’s agenda instead lists a block grant hearing, two site plans, parking fines and a Nov. 4 budget hearing date. Supervisor Joseph Liberti has told reporters a gateway vote could come as early as November. He now says the target is Nov. 4 or Nov. 18.

What the town is proposing

The gateway zone is the second phase of the town’s stadium plan. The first, the Stadium Mixed-Use zone, was adopted last December. As WKBW reported, it covers land within 1,000 feet of the stadium and generally caps buildings at 35 feet.

The new zone would reach farther: south, north and east of the stadium and near the Route 219 exit, according to the town’s planning consultant, who walked the board through it at the Oct. 7 meeting. He said the map now takes in some properties south of Sheldon Road and the Quaker Center area. Mixed-use buildings would be allowed outright, with homes on upper floors only, and the draft definitions in the town’s supporting documents require at least 20 percent of such a building’s floor area to go to nonresidential use.

The same packet includes a draft environmental resolution that would classify the rezoning as a “Type I” action under state law and declare that it “will result in no major impacts.”

“Orchard Park is open for business,” Mr. Liberti told WKBW. “We want a well-planned development near the stadium, so we want stuff like restaurants, hotels, retail, but also we want to protect the residential neighborhoods that make Orchard Park home.”

He has a particular corner in mind. Of Abbott and Big Tree roads, where a gas station is going up and nearby properties are for sale, he told WGRZ, “That would be a great, great spot for a hotel because it’s directly near the stadium, and it will be great for visitors and our residents to stay there.”

What neighbors said

A few speakers backed the plan, one calling it “a positive development.” A written comment read by the clerk asked for better communication with residents.

Most did not. Neighbors from Big Tree, Sheldon and Abbott roads raised traffic, noise, drainage and building heights, and a sense that the stadium is reshaping their streets around them.

“You put in a gas station on the corner of Big Tree and Abbott Road – that is the biggest snarl up of traffic before and after the games, and now you added a gas station to it. Doesn’t seem to be common sense to me,” said a Big Tree Road property owner who gave his name as Bob and said he has lived in town 44 years, as quoted by WBEN.

A woman who said she has lived on Sheldon Road for 40 years told the board she and her husband had been saving for an addition when their lot was drawn into the new zone.

“I don’t know how Sheldon Road, which is a residential neighborhood, got put into this mixed-use zone,” she said, noting the street has a middle school on it.

Another Big Tree Road resident, William, said the town has the order backward. “It doesn’t make sense to me that you don’t approach the state, approach the county, and beautify the area before you start sticking commercial buildings and other things in the area,” he said.

The board’s answer

After the hearing closed, Mr. Liberti moved to table the zone, and the motion carried. He said the town had held six public forums and had looped in Hamburg so the neighboring towns’ rules would mirror each other. “So Hamburg doesn’t have a 20-story hotel where we have a two-story hotel,” he said.

“The intent is not to push out the residents,” Mr. Liberti said. He promised a hard look at Sheldon Road, traffic, garbage, noise and drainage. “We are listening. This is not going on deaf ears.”

Councilmember Julia Mombrea said board members left with pages of notes. “It seems like we have work to do still,” she said, adding that any revisions would be posted on the town website and the zone would return to an agenda.

Mr. Liberti also announced that the town would pause enforcement against private game-day RV lots and revisit the issue for 2027 and 2028.

The tax backdrop

The zoning fight is landing in the middle of budget season. The town’s tentative 2027 budget raises the total levy across all funds to $21,705,018, an increase of $1,611,996, or 8 percent. The general fund levy alone would rise from $8,768,701 to $10,025,483.

That 8 percent came up at the hearing. Mr. Honer called it a first draft and said the board had found some potential savings. The hope, he said, is “to get it down to hopefully the tax cap. I can’t promise you that.”

What the supervisor says now

Mr. Liberti said the board has not settled the Sheldon Road question. “The Board is still deliberating on the Sheldon Road zone,” he said in an email to The Buffalo Chronicle on Wednesday. Board members have visited multiple homes on the street, he said, and the response has been “a mixed bag,” but the board is “leaning toward keeping them in the GMU zone based on our conversations on Sheldon.”

“Our goal is to have the meeting on November 4th or 18th. That would be the target for a vote on the GMU,” he said. “It could spill over in December, if not all the board members are comfortable with Sheldon being in or out of the zone.” He did not say when a revised map and ordinance would be posted, and he did not address the 60-foot height limit.

“The town has hired a traffic analysis for the Abbott Road/Big Tree area,” Mr. Liberti said. The town had been trying to lower the speed on Abbott Road, he said, but “the traffic study showed no justification to lower the speed limit.” He did not say whether the study will be made public before a vote.

The environmental review is not finished. “The board has adopted the Part 1 for SEQR,” Mr. Liberti said, referring to the state’s environmental review process, and Part 2 “will be voted on in November.” He added, “We are waiting on LaBella for the final draft.” That indicates the draft negative declaration in the town’s packet, which would find that the rezoning “will result in no major impacts,” has not yet been adopted.

What to watch

Will Sheldon Road stay in the zone, as Mr. Liberti says the board is leaning? Will the 60-foot height survive, and where? Will the town release the traffic analysis it hired for the Abbott and Big Tree corner before a vote? And will the revised map be posted early enough for neighbors to read it before the board acts?

The board meets at 7 p.m. tonight at the Municipal Center, 4295 South Buffalo St. Meetings stream live from the town’s recorded meetings page.

Photo: Fans and traffic outside the new Highmark Stadium. WuTang94 / Wikimedia Commons, CC BY 4.0, cropped.

Updated October 21, 2026: This story was updated to include comment from Orchard Park Town Supervisor Joseph Liberti.

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