Southtowns Record

Zoning Board of Appeals minutes — July 21, 2026

Government
Town of Orchard Park
Board
Zoning Board of Appeals
Meeting
Jul 21, 2026
Posted by publisher
Aug 24, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage

Original document

Text · page 4 of 9

ZBA Mtg. #06  Regular Mtg. #06  July 21, 2026  Page 4

5. ZBA File # 20-26, Andrew Kaminski, 7459 Michael Road, Zoned R-2, (Part of Farm Lot 468, Township 10,
  Range 7, SBL # 153.11-2-18). Requests an Area Variance to move an existing 10 foot x 10 foot shed from a
  non-compliant location to a location with a 6 foot 5 inch rear setback. Minimum rear setback for this R-2 lot
  is 10 feet 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
  APPEARANCE:  Andrew and Carol Kaminski, Applicants
  The Chair confirmed that the Applicant wished to have his case heard tonight.
  The Applicant explained the situation regarding his shed.
  The Chair then asked if there was anyone in the audience who would wish to speak in favor of the granting
  of the Variance.
  (Twice) NO RESPONSE
  The Chair then asked if there was anyone in the audience who would wish to speak against the granting of
  the Variance.
  Mark Pawlak, 7435 Michael Road, Orchard Park, NY 14127
  Mr. Pawlak stated that the Applicant’s garage is interfering with a stream, and there is no record of a permit
  for the garage. The shed is encroaching three (3) feet onto Mr. Pawlak’s property.
  Mr. Mateer stated that what is in front of the Board tonight is the issue of the shed, not an issue of the garage.
  The Chair then asked if there was anyone in the audience who would wish to speak against the granting of
  the Variance.
  NO RESPONSE
  The Chair closed the Public Hearing.
  The Chair then asked if the Secretary had received any additional communication either for, or against,
  granting the Variance. The Secretary stated she has two (2) letters of support received this evening.
  The Board Members discussed the project and then closed the Board discussion.
  Mr. Mateer made a MOTION, seconded by Mr. Szalkowski, to APPROVE THE AREA VARIANCE TO ALLOW
  A 6 FOOT, 5 INCH REAR SETBACK, based on the following:
  1. Per Section 144-63 (E) (1) All public notices have been filed.
  2. There will not be an undesirable change in the character of the neighborhood, or a detriment to nearby
  properties created.
  3. The benefit sought cannot be achieved in another way, other than the granting of the Variance.
  4. The request is not substantial.
  5. There will not be an adverse effect or impact on the physical or environmental conditions of the neigh-
  borhood or district.
  6. The difficulty is self-created, however that does not preclude the granting of the Variance.
  THE VOTE ON THE MOTION BEING:
  METZ  AYE
  BOWERS  AYE
  MATEER  AYE
  SZALKOWSKI  AYE
  The MOTION was UNANIMOUSLY APPROVED.
6.  ZBA File # 21-26, John Buss, 6860 Cole Road, Zoned A-1, (Part of Farm Lot 57, Township 9, Range 7, SBL #
  198.00-5-11). Requests an Area Variance to construct a 36 foot x 36 foot detached garage approximately 22 feet
  beyond the front of the primary structure. No accessary structure shall be located within the front yard, §144-24A
  (1)(b).