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ZBA Mtg. #01 Regular Mtg. #01 February 17, 2026 Page 5 WILLIAMS RECUSED SZALKOWSKI AYE The VOTE BEING FOUR (4) IN FAVOR AND ONE (1) RECUSED, The MOTION was APPROVED. Ms. Bowers made a MOTION, seconded by Mr. Metz, to APPROVE the AREA VARIANCE for 32 square feet of display surface per side, 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 NAY WILLIAMS RECUSED SZALKOWSKI AYE The VOTE BEING THREE (3) IN FAVOR, ONE (1) OPPOSED, AND ONE (1) RECUSED, The MOTION was APPROVED. 2. ZBA File# 02-26, Jack Kuebler, 3892 Southwestern Boulevard. (V/L), Zone DR-2, SBL# 161.09-4-25, (part of Farm Lot 40 Town 9 Range 7). Requests a Use Variance to display storage sheds for sale. Exterior display not permitted in a DR-2 Zone, §144 Attachment 14A Schedule of Use Controls. Will require Planning Board approval. APPEARANCE: Jack Kuebler, Applicant Mr. Williams is recusing himself from this vote. The Applicant stated that he is seeking to again have 14 sheds and an office on the property, and that he has received Planning Board approval to do so. Mr. Mateer stated that there was correspondence received this morning from a neighbor regarding his lights shining straight into their home. The Applicant stated he had fixed this problem last fall. Mr. Mateer stated that the photos were recent. The Applicant asked who it was because there was a difficult neighbor who had been trespassing on his prop- erty. Mr. Mateer stated that the neighbor’s concern was legitimate. The Applicant stated there were timers on the lights and if it was necessary to adjust the lights he was willing to do so. In response to Board Member questions, the Applicant stated that the lights were on a pole, they could be redi- rected, and they would not be turned on until the sheds were present on the site. Ms. Bowers inquired as to the time the lights went out and how long the Applicant had been at that location. The Applicant stated 9 pm, and on Bills game nights 11 pm. The lot was not illuminated after October except for Bills game nights. He had been at the location for approximately 9 years, and the lights were approximately two (2) years old.