Southtowns Record

Zoning Board of Appeals minutes — February 17, 2026

Government
Town of Orchard Park
Board
Zoning Board of Appeals
Meeting
Feb 17, 2026
Posted by publisher
May 1, 2026
Kind
Minutes
Topics
Zoning and land use

Original document

Text · page 6 of 6

ZBA Mtg. #01  Regular Mtg. #01  February 17, 2026  Page 6

 Mr. Mateer stated that the Applicant will most likely come back next year seeking the same Variance, and Mr.
 Mateer would hope that he would be interested in working with the neighbors concerning any issues they have
 with his business.
 The Applicant stated he would address it.
 The Chair stated he would like to see any motion be contingent on the Applicant making corrections and having
 the Town Building Department verify that corrections have been made in the next 30 days.
 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 above the two (2) distrib-
 uted this morning and at this meeting.
 Ms. Bowers made a MOTION, seconded by Mr. Mateer, to APPROVE the USE VARIANCE with Stipulation that
 the Applicant make arrangements with the Building Inspector to review the situation, based on the fol-
 lowing:
 1. Per Section 144-63 (E) (1) All public notices have been filed.
 2. Strict application of the regulations will deprive the applicant of a reasonable return on the property, and the
 lack of return is substantial as demonstrated by competent financial evidence.
 3. The hardship is unique and does not apply to a substantial portion of the district or neighborhood.
 4. The variance will not alter the essential character of the neighborhood.
 5. The alleged hardship was self-created, however that does not preclude the granting of the variance.
 6. The Applicant will make arrangements with the Building Inspector to review the lighting situation at his
 property within the next 30 days.
  THE VOTE ON THE MOTION BEING:
 METZ  AYE
 BOWERS  AYE
 MATEER  AYE
 WILLIAMS  RECUSED
 SZALKOWSKI  AYE
 The VOTE BEING FOUR (4) IN FAVOR AND ONE (1) RECUSED, The MOTION was APPROVED.
 There being no further business to be presented to the Board at this time, the meeting was adjourned at 8:01
 P.M.
 DATED:  02/27/2026  Respectfully submitted,
 APPROVED: 03/17/2026  Kristin B. Mahoney, Recording Secretary

 Mr. Robert Metz, Chairman
 Zoning Board of Appeals