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ZBA Mtg. #01 Regular Mtg. #01 February 17, 2026 Page 3 In response to questions from Board Members, the Applicant stated that the newest plan has the three-unit building placed in a different location. Both plans had 23 new units total. The facades of the new buildings will complement the aesthetics of the existing building. The economics of the project preclude the elimination of units for the purpose of increasing the distance between buildings. Variances were now needed only for the distance between the back buildings, and only one unit requires a variance to the road. 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. (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. Ms. Bowers made a MOTION, seconded by Mr. Williams, to APPROVE the AREA VARIANCES AS REQUESTED, 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 WILLIAMS AYE SZALKOWSKI AYE The MOTION was UNANIMOUSLY APPROVED. NEW BUSINESS 1. ZBA File# 01-26, Joseph DeMarco, 4000 California Road, Zoned I-1, SBL# 161.03-1-5.11, (Farm Lot 32, Township 9, Range 7). Requests two Area Variances for a proposed non-conforming freestanding sign. The first is for a 0’-0’’ setback from the right-of-way line. §144-38 B (1) No part of such sign shall be set back less than 10 feet from the right-of-way line. The second is to allow 32 square feet of display surface per side. §144-38 B (2). There shall be no more than two display surfaces, each of which shall not exceed 20 square feet. APPEARANCE: Rick Johnson, Applicant Representative Mr. Williams is recusing himself from this vote. The Chair stated that the Erie County Department of Public Works (ECDPW) has recommended that the Town adhere to its setbacks. In situations such as this, the sign setback will require a supermajority, that is, four (4) votes to pass.