Southtowns Record

zbm3.25.26 DRAFT meeting minutes

Government
Town of West Seneca
Board
Zoning Board of Appeals
Meeting
Mar 25, 2026, 6:00 p.m.
Posted by publisher
Apr 20, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage, Housing

Original document

Same meeting

Text · page 2 of 5

Dave Sutton of Sutton Architecture, owner of the property and partner at The Ridge,
presented an application to continue offering live music. The business has successfully
offered live music for the past six to twelve months without any known complaints.
The applicant requested a use variance to allow live music from 6:00 PM to 11:00 PM,
Monday through Sunday, for both indoor and outdoor spaces. The music is primarily
indoors, with limited, smaller-scale music on the outdoor patio.
Live music is considered a necessity for the business, contributing to a documented 20%
increase in income on evenings when it is offered.
Board Member Greenan questioned the applicant about this documentation, which had
not been formally submitted.
The property is in a commercial area with no residential aspect, and there have been no
noise complaints.
Code enforcement Busse noted the local noise ordinance does not change between
10:00 PM and 11:00 PM.
The board approved the use variance for live music from 6:00 PM to 11:00 PM for a
period of one year. The motion passed.
Discussion on Financial Documentation and Future Regulations
ZBA Counsel Trapp advised that requesting financial information is common for a use
variance and can be kept confidential.
The board decided that while no formal documentation was needed for this meeting, an
affidavit would be appropriate for future requests.
It was discussed that the town is in the process of changing the regulations for live music,
potentially reclassifying it as a special use permit instead of a use variance, which has a
stricter financial hardship requirement. This new local law is in the early stages.

Use Variance:

Stachowski: given the nature of the business. 1 Can a reasonable return be achieved by
another method? It seems necessary to have the ability to produce live music in order to
have a viable business and to use the building in a viable way. 2 Is this a unique
circumstance? Running a business with the cost of goods and labor in 2026 is a difficult
endeavor, therefore having live music presents a necessity to overcome the uniqueness
of a restaurant business. 3 Does the variance change the character of the neighborhood?
It’s mostly all commercial around that property, there is not really a residential aspect to
that area where the business exists, so grants this will not affect the essential character of
the neighborhood. 4 Is this a self-created hardship? No, it’s not self-created, the
restaurant is a difficult business, and live music can ensure a viable return.

Motion by Stachowski, seconded by Greenan, to approve live music on property.

Ayes: 4  Noes: 0  Abstain: 1  Motion Carried

2025-047
Request of Anthony Nieves Garcia for property located at 137 Fernald Avenue to allow
construction of a fence 4’ in height in the front yard with a 25’ projection (maximum
projection 10’ allowed).

The applicant for case 2025-47 requested their item be tabled until the April meeting.