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WEST SENECA COMMUNITY CENTER Zoning Board of Appeals 1300 Union Road Minutes #2025-11 West Seneca, NY 14224 December 3, 2025 - Any proposed sign shall be installed on private property outside of NYSDOT's Right-of Way Mr. Johnson referred to the layout and stated the pole would be located closer to the existing fence, not the road. Chairperson Hicks confirmed that the sign would not be in the right-of-way. Mr. Johnson stated it would not. Mr. Bedient referred to the picture he received and asked if the picture did not accurately depict the location. Mr. Busse confirmed the post would actually be located next to the fence and he would assist Mr. Johnson with the NYSDOT work permit application. Mr. Bedient asked if the sign would be clear of the power lines. Mr. Johnson confirmed the sign would not hit the power lines. Chairperson Hicks stated Erie County Department of Environment and Planning responded to the ZR-1 notification, has no recommendation, and determined the request is a local concern. Mr. Johnson asked if he would need to return to the Zoning Board after receiving a work permit from NYSDOT. Mr.Trapp stated if the Zoning Board approves the variance, it would be contingent upon meeting NYSDOT's requirements. Chairperson Hicks commented that the adjacent neighbors did not have any objections to the proposed sign. Ms. Greenan referred to the area variance balancing test: 1) Is there an undesirable change to the neighborhood - no, there are neighbor letters in support; 2) Is there an alternative – Ms. Greenan asked Mr. Johnson if there are any alternatives to the LED sign. Mr. Johnson stated that in his opinion, there is not an alternative means to achieve the impact on passing motorists. Mr. Busse added that the LED would provide additional advertising opportunities. 3) Is the request substantial – Chairperson Hicks stated the sign is otherwise compliant with the town code. Mr. Busse confirmed this is correct. Chairperson Hicks concluded the request is not substantial. 4) Does the variance have an impact on the environment – Mr. Johnson stated the hours of operation are daily between the hours of 10 A.M. - 11 P.M. Mr. Busse stated he would review the LED sign requirements with the applicant when the permit is issued. 5) Is this a self-created difficulty – Chairperson Hicks stated the business is located in a mixed use area and there is limited space for the sign to be located and concluded this is not a self-created difficulty. Mr. Bedient referred to item no. 3 and stated that, in his opinion, the request is not substantial and the sign appears to be at least 500' from either adjacent residence. Further, the proposed sign would be an improvement to the area. Motion by Bedient, seconded by Greenan, to close the public hearing and grant a variance for property located at 3815 Clinton Street to allow a LED Messaging sign within 500' of residential zoning pursuant to compliance with NYSDOT requirements. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 2025-044 Request of Mike Betti for property located at 11 Greenspring Court to allow construction of a fence 6’ feet height in the front/side yard (maximum height of 4’ allowed in front/side yard). Mike Betti stated he is requesting to extend a 6' fence along the side of his property to provide safety 9 Page 11 of 40