Southtowns Record

Zoning Board of Appeals minutes — April 21, 2026

Government
Town of Orchard Park
Board
Zoning Board of Appeals
Meeting
Apr 21, 2026
Posted by publisher
May 22, 2026
Kind
Minutes
Topics
Zoning and land use

Original document

Text · page 3 of 6

ZBA Mtg. #03  Regular Mtg. #03  April 21, 2026  Page 3

2. ZBA File# 04-26, Thomas Cunningham, 4478 Freeman Road, Zoned R-1, (Part of Farm Lot 6, Township 9, Range
  7, SBL# 173.10-1-2). Requests an Area Variance to construct a 24 foot x 24 foot garage with a 3 foot side setback.
  Minimum side setback for this R-1 lot is 15 feet, §144-9B Schedule of Height, Lot, Yard, and Bulk Regulations.
  APPEARANCE:  Jacquelyn Montemage, Bammel Architects, Applicant Representative
  Ms. Montemage stated that the Applicant wants to build a two car garage with a three foot side setback. The
  family has six children and an increased need for storage and car storage.
  Mr. Mateer inquired as to why the Applicant sought a three foot setback as opposed to a five or ten foot setback.
  Ms. Montemage stated that it was because of the driveway placement- the front of the driveway was three feet
  from the property line.
  Ms. Rodo inquired if the Applicant has spoken to his neighbors and confirmed that no business was conducted
  out of the house.
  Ms. Montemage stated, yes, there was a letter of support from a neighbor in the file.
  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
  setback Variance.
  (Twice) 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 no additional communications had been received.
  Mr. Mateer stated that he would prefer to see a five foot setback and discussed dimensions with Ms. Montemage.
  Mr. Williams agreed that five feet would be preferable.
  Ms. Rodo stated that five feet was better but she was still not completely happy with that.
  Ms. Bowers and the Chair stated that she was ok with five feet.
  Ms. Montemage stated that she and the Applicant could work with the five foot setback.
  Mr. Williams made a MOTION, seconded by Mr. Mateer, to APPROVE the AREA VARIANCE with the STIPU-
  LATION that the side setback be FIVE (5) FEET, 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 prop-
  erties 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 neighbor-
  hood 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
  RODO  NAY
  WILLIAMS  AYE