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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 Enforcement Office as a Special Event. Mr. Busse stated the events at Kloc's Grove exceed the number of special events that can be permitted by the Code Enforcement Office. Mr. Trapp advised the Zoning Board that they may make a decision on the application. Mr. Bedient asked Chairperson Hicks the purpose of tabling the decision to January. Chairperson Hicks stated she would like to pursue further advice from Mr. Trapp about the upcoming changes. Mr. Hopkins stated any changes to town codes are not a quick process and the Zoning Board of Appeals has jurisdiction over this request. Further, it is not unreasonable to wait until the other member is present, but it is not reasonable to wait for a revision to the town code. Chairperson Hicks asked the other board members' positions. Mr. Bedient stated he supports approving the variance this evening with the additional conditions but also supports tabling the decision to obtain additional information. Chairperson Hicks expressed her concern that the variance would be permanent. Mr. Hopkins stated he expects the variance to be for a term of 1 year, it is not his intention to pursue litigation. Ms. Greenan expressed uncertainty about making a decision based on the previous discussion. Mr. Trapp stated that the Zoning Board of Appeals is allowed under the law to grant the minimum variance under the use variance that is allowable and place reasonable conditions, the question is does a time limit on the variance constitute an appropriate condition to be placed on the variance. Mr. Trapp stated he would need to review the town code but suggested withdrawing the motion to close and table the decision because it does not allow for further public comment. Ms. Greenan asked if the law was changed by the time the variance expired would the variance continue to run with the property or until the variance expires. Mr. Trapp stated the answer would depend on the update to the law. Mr. Busse asked if a stipulation could be placed. Mr. Trapp stated this is the question, would a time limit be appropriate condition on a use variance that would otherwise run with the land. Mr. Trapp reminded the board that this is a nonconforming preexisting use. Ms. Greenan stated if the Zoning Board has the jurisdiction to decide the request, if the applicant and neighbors are willing to compromise, and if the variance can be for a temporary amount of time as determined by the Zoning Board then she would like to vote on the application. However, if there is a possibility that the Zoning Board's decision would run with the property forever, she would favor tabling the decision. Mr. Trapp advised the Zoning Board they could extend the variance for an additional year and at that point: there would be an answer from us (Town Board and Town Attorney); the applicant could file an Article 78 proceeding; or, should the new procedure be followed. Mr. Hopkins reiterated the original approval was for 6 months and the second approval was for 1 year. To put an end to the debate about whether or not imposing a time frame would be a reasonable condition and subject to challenge, Mr. Hopkins stated for the record, on behalf of his client, he is waiving any right in connection with this renewal to challenge it on that basis. The applicant is completely comfortable following past precedent and would deal with any new process that may be in place at the time the variance expires. It is important to begin booking performers. Chairperson Hicks asked Mr. Hopkins to repeat the applicant's self-imposed conditions. Mr. Hopkins listed them: 1) Wednesdays from 6 P.M. - 9 P.M. 2) Sound monitoring equipment for the Wednesday events and records will be kept 3) If the Building Department receives a legitimate noise complaint, the applicant would work with the 5 Page 7 of 40