Southtowns Record

ZBA Agenda Packet 1.28.26

Government
Town of West Seneca
Board
Zoning Board of Appeals
Meeting
Jan 28, 2026, 6:00 p.m.
Posted by publisher
Apr 15, 2026
Kind
Agenda packet
Topics
Zoning and land use, Public safety, Housing, Parks and recreation, Roads and traffic

Original document

Same meeting

Text · page 6 of 40

WEST SENECA COMMUNITY CENTER  Zoning Board of Appeals
1300 Union Road  Minutes #2025-11
West Seneca, NY 14224  December 3, 2025

 argumentative.

 Chairperson Hicks once again asked Mr. Raymond to return to his seat.

 Mr. Bedient asked Mr. Busse if contacting the Police Department to report an issue is appropriate.
 Mr. Busse confirmed that would be appropriate, and the Police Department can address an incident
 immediately. In fact, Mr. Busse stated he believes every Patrol Lieutenant has a decibel reader in
 their vehicle. Mr. Bedient stated there is a difference between the decibel level and a person's
 tolerance level.

 Mr. Owczarczak returned to the microphone to report that one of the property owners that signed a
 letter of no objection now regrets this and reiterated that no property owners knew of the variance.

 Mr. Hopkins made the following comments:
 - The Zoning Board of Appeals complies with NYS law
 - Disagrees with the request to delay the decision on the variance for live music until the Town Board
 makes a decision on the applicant's other application.
 - The Code Enforcement Office advised that occupancy is based on Building Code and Fire Code
 and the town is aware of the allowable occupancy level and property
 - Further discussions with neighbors about live music would not be fruitful
 - Requested the variance be granted relying on the merits of what was originally approved and the
 Zoning Board's previous determination
 - West Seneca does something atypical and explained that typically, when an area variance or use
 variance is granted, reasonable conditions can be imposed but cannot impose a condition whereby
 the variance requires a renewal or expiration date; that would apply to a Special Use Permit but not a
 variance. Variances run with the land.

 Motion by Chairperson Hicks, seconded by Bedient, to close the public hearing and table the
 variance to investigate a Special Use Permit.

 Mr. Hopkins stated the Zoning Board has determined that the applicant has met the criteria for a use
 variance and would ask that it be granted at this meeting. Further, Mr. Hopkins stated he was
 pointing out that typically use variances run with the land and, in the future, a process for a Special
 Use Permit should be established. Furthermore, Mr. Hopkins stated that he is not asking for a
 complete overhaul, he was merely pointing out the differences between West Seneca and other
 municipalities.

 Mr. Bedient stated that he understands the Zoning Board is only considering extending the variance
 for live music on Wednesdays between 6 P.M. - 9 P.M. Mr. Trapp referred to modifying the code and
 changing the law with regard to chickens. In fact, removing live music from the Zoning Board of
 Appeals' purview and addressing it as a Special Use Permit by the Town Board as a process is being
 reviewed and may be drafted. Ms. Greenan asked if the Zoning Board should vote on the application
 or wait for the code update. Mr. Hopkins stated the applicant would begin booking events for the
 summer and reiterated the need for a decision to be made and appreciates changes to the process
 that may occur.

 Ms. Greenan asked why this request was referred to the Zoning Board and not handled by the Code

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