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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 district or neighborhood and granting it will not alter the essential character of the neighborhood; 3) the hardship has not been self-created. Mr. Owczarczak asked if the business could not continue to run as it has for decades without live music. Mr. Trapp stated the Zoning Board would determine this based on evidence the applicant has presented. - Is it odd the site is cash only with ATM's onsite - Chairperson Hicks stated that how the business obtains the money is not a concern for the Zoning Board's consideration and confirmed the applicant provided financial evidence in 2024 which she believes is public record. The Zoning Board did determine that a reasonable return could not be achieved between 6 P.M. - 9 P.M. without live music. In her opinion, Chairperson Hicks stated many similar businesses are struggling post-pandemic. - Did the applicant buy the business knowing it was not doing well Mr. Raymond returned to the microphone: - Whose responsibility is it to inform residents of a variance change to a business in the town - Mr. Trapp stated that a public notice is published in the paper and the town's website. Additionally, property owners within a defined distance receive letters. Mr. Raymond asked what paper is used and how much it costs for a subscription. Mr. Trapp stated the West Seneca Bee is the town's official paper and he does not know how much a subscription is. - Residents must have a subscription to the Bee to be aware of variances - Chairperson Hicks stated the information is posted on the Town Clerk's bulletin board. Mr. Raymond asked how many people see this board. Town Clerk Newton stated thousands of people see the bulletin board when conducting business in the office. Ms. Greenan stated the town complies with Open Meetings Law. Mr. Trapp stated this is correct, and he is not aware of any free newspapers available and all municipalities must have an official newspaper of general circulation within the municipality. - Was the original application for live music posted on the town's Facebook page - Chairperson Hicks stated the town is not required to post this information to Facebook and could not confirm if it ever was. In addition, neighbor notification is not required at the Zoning Board level, but noted notices of public hearings are published in the ways previously noted. Applicants are required to obtain letters of no objection from surrounding property owners. - How are neighbor letters vetted - Chairperson Hicks stated the letters are provided by the Code Enforcement Office. - Is it a conflict of interest that an employee of an applicant signs a letter supporting them - Mr. Trapp stated it is not a conflict, and the weight of the support is considered. Mr. Raymond asked how employees are identified. Chairperson Hicks stated that in her understanding, the Code Enforcement Office identifies the property owners that the applicant must approach. - In his opinion, the new owner bears the responsibility to contact the neighboring property owners and asked why Chairperson Hicks would encourage the neighbors to contact the Police Department over noise problems. The petition submitted has 50 signatures in opposition of the live music. - In his opinion, there are many conflicts of interest across the boards involved in pending decisions about this property Chairperson Hicks asked Mr. Raymond to excuse himself from the microphone and stated she finds his comments insulting on a personal and professional level. Mr. Raymond continued to interrupt Chairperson Hicks. Ms. Greenan acknowledged Mr. Raymond's comments and also recognized the concessions the applicant has presented, and asked the neighbors for their thoughts on the compromise. Mr. Raymond stated the decibel level and number of attendees could be discussed and continued to be 3 Page 5 of 40