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Special Use Permit Application - Project Narrative Project: Restaurant at The Bank of EA Applicant: Carner Development Group Inc. Project Site: 649 Main Street1 Village of East Aurora; SBL No. 176.05-1-23 Property Owner: East Aurora Holdings LLC May131 2026 b. Will meet all relevant criteria set forth in this chapter; This Project meets all relevant criteria in the Zoning Code. c. Will be compatible with existing uses adjacent to and near the property; This Project is compatible with existing uses adjacent to and near the property. d. Will not create a hazard to health, safety or the general welfare of the public; This Project will not create any such hazard. e. Will not alter the essential character of the neighborhood nor be detrimental to the neighborhood residents; No exterior changes to the building are proposed and the use is present in the district. Moreover, the well-established law in New York for special use permits is that "Review of an application for a special use permit must begin with the recognition that '[t]he inclusion of the permitted use in the [zoning] ordinance is tantamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood.' The burden on the applicant, unlike the heavy burden on one seeking to obtain a variance, is a light one." 1 f. Will not be a nuisance to neighboring land uses in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions; There will be no "obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions." Customary dinner background music is proposed for outdoor dining but this does not constitute an "objectionable noise." g. Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as 1 Greene v. LoGrande. 96 AD2d 524,525,464 NYS2d 831, 833 (2d Dept 1983) (internal citations omitted). 5