Text · page 13 of 149
Read the whole document on one page (all 149 pages, each with its own heading)
,I (x)~it? Vlt..t.AL·f· April 5, 2021 • An Application of a Request for an Amended Special Use Permit, received by the Office of the Village Clerk on February 10, 2021 A motion by Trustee Kimmel-Hurt Is approved as submitted, for applicant East Aurora Holdings LLC, to operate The Bank at 649 Main Street. The Village Board shall serve as the Lead Agency for purposes of the State Environmental Quality Review Act (SEQRA). A Negative Declaration is made under SEQRA and said application is determined to be an Unlisted Action. Approval is Granted for the above-referenced Amended Special Use Permit Application, dated Febrnary l 0, 2021, as written and submitted, including a one-page narrative from the applicant, which is incorporated herein, with details of the proposed operations and with the following additional modifications and/or conditions*: No live o amplified music outdoors beyond 10:00PM and music only allowed on Friday. Saturday's and Sunday's. On all days: Bar and music end at 11 :00 p.m. On7'uly 3rd & 4th and December-3 1st: Bar ancbnusic end at 1:00 a.m. Should any part of the application and Special Use Permit approval be in conflict with any segment of the underlying Village Code (i.e., Zoning, etc.), adherence shall be with the Village Code provisions. The Village shall have the right to periodically inspect the property for compliance with the Village Code, the Special Use Permit and its conditions. The nature, duration and intensity of the operations which are involved in, or conducted in connection with, this Special Use Permit shall not be increased or expanded without the approval of the Village Board. Any increase or expansion shall be considered at a public hearing held in accordance with the application requirements and administrative procedures which have been adopted by the Village Board. This Special Use Pennit shall expire if meaningful constrnction has not been commenced within one year, and has not been completed within two years, of final Special Use Permit approval or, if no construction is involved, if the use has not been commenced within one year of final Special Use Permit approval. This Special Use Permit shall expire if the use, once begun, ceases operation, for any reason, for more than six consecutive months. For seasonal uses, the use will be considered ceased if there is no operation for at least 12 consecutive months. This Special Use Permit may be revoked by the Village Board if it is found and determined that there has been a material failure of compliance with any one of the terms, conditions, limitations or requirements imposed by the Special Use Permit. Revocation may also occur in the event of Village Code violations occurring at the property. The Village Board shall hold a public hearing to consider whether or not the Special Use Permit grantee has violated the terms and conditions of the Special Use Permit or if any Village Code violations have occurred. The public hearing shall be held only after the permit grantee has been notified. Notice of the violations and of the date, place and time of the public hearing shall be mailed to the Special Use Permit grantee by certified mail, return receipt requested, directed to the last known address of the permit grantee. o The Board spoke about the SUP and allowing the amount of people and the type of music allowed. o no live or amplified music beyond l 0pm and only music on Friday- Sunday. Seconded by Trustee Lazickas, with unanimous approval.