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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 complaints are made; 3) The property would be cleaned the evening of the event or following day - Mr. Hopkins performed the use variance balancing test: 1) Can a reasonable rate of return be achieved: no, this is absolutely essential to the business as was previously found on June 26, 2024 and noted many other events are generated by live music events 2) Is it a unique circumstance: yes, given the size of the site and nature of use 3) Does the variance change the character of the neighborhood: no, there are no known record of noise complaints by the Code Enforcement Office or Police Department, noting the applicant is willing to abide by the 3 additional criteria 4) Is this a self-created hardship: It is difficult, but the Zoning Board previously found that did not justify denying the variance - Given that the variance has been granted twice previously and given the additional information, the applicant respectfully requests the variance be granted Chairperson Hicks stated the Zoning Board received a letter from the applicant giving Mr. Hopkins permission to represent her at this meeting. Chairperson Hicks read letters of no objection from 100 Schultz Road, 1260 and 1281 Seneca Creek Road before realizing they were actually from June 2024. Ms. Greenan stated her father is the property owner of 100 Schultz Road and she has been advised by the Mr. Trapp there is not a conflict of interest for her to hear and vote on the variance. Chairperson Hicks stated she received additional correspondence but asked the public to identify what they were. Mr. Trapp stated Ms. Greenan does not reside at 100 Schultz Road and is not an ethical conflict. Additionally, the issues regarding the parking lot and hotel are not before the Zoning Board. The following public comments were received: James Raymond, 81 Cedar Ridge Drive: - If the proposed development is approved, would the occupancy limit increase - Mr. Busse stated the occupancy limit outside would not change and noted over 2,000 people NYS Fire Code requires crowd control, fire and escape planning, among other things. Further, no changes are being proposed for the indoor venue. - In his opinion, more people on the property would increase noise in the neighborhood and he would like the Zoning Board to wait for the Town Board's decision - In his opinion, the petitions are related to the noise from the Wednesday night events Chris Owczarczak, 1255 Seneca Creek Road: - In his opinion, he and his neighbors did not make complaints about the live music because they assumed Kloc's Grove was allowed to have live music and claimed he was not aware of a variance for live music - Chairperson Hicks challenged this statement and referred to the signed letters submitted to the Zoning Board. Further, no calls have been made to the Police Department and Code Enforcement Office. - Expressed concern about parking for the events if more of the property is developed - Is the variance for a hardship - Mr. Trapp stated there are 4 criteria to obtain a use variance: 1) cannot realize a reasonable return, provided the lack of return is substantial and is demonstrated by competent financial evidence which Mr. Trapp understands has been provided to the Zoning Board; 2) the hardship relating to the property is unique and does not apply to a substantial portion of the 2 Page 4 of 40