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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 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 4 Page 6 of 40