TBM04.27.2026 (full text)

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 ROLL CALL: Present: Supervisor Gary Dickson Councilmember Robert Breidenstein Councilmember Scott Robertson Councilmember Mary Sherman Absent: EXECUTIVE SESSION 1. Supervisor Dickson re Final interviews for the Municipal Director of Human Resources Motion by Supervisor Dickson, seconded by Councilmember Sherman, to enter into executive session to interview candidates for the Municipal Director of Human Resources position at 3:45 P.M. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried Motion by Supervisor Dickson, seconded by Councilmember Breidenstein, to exit executive session at 5:52 P.M. and return to the open meeting. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried SUPERVISOR CALL TO ORDER 1. Pledge of Allegiance 2. Fire Safety Notification 3. Roll Call The open meeting resumed at 6:00 P.M. with the Pledge of Allegiance. CONSENT AGENDA 1. Accept agenda as published Motion by Supervisor Dickson, seconded by Councilmember Robertson, to accept the agenda as published with the following changes: the public hearing will be moved to the end of the meeting and Communications Item No. 2 will be moved to the beginning of the meeting. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried MINUTES TO BE APPROVED 1. Town Clerk Newton re Meeting Minutes 2026-07 of April 13, 2026 Motion by Supervisor Dickson, seconded by Councilmember Breidenstein, to approve Meeting Minutes 2026-07 of April 13, 2026. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried LEGAL NOTICES 1. Town Clerk Newton re Proofs of Publication and posting of legal notice "OF A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW 2026-6 REZONING AT 1245 SENECA CREEK ROAD" in the Town of West Seneca. 1

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 Motion by Supervisor Dickson, seconded by Councilmember Robertson, to open the public hearing at 6:53 P.M. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried Attorney Sean Hopkins and Project Engineer Chris Wood appeared on behalf of the applicant, Harbro Properties, LLC, and provided the following information: - Project presented at two previous public hearings, November 25, 2025, and February 9, 2026 - New information: Property location is 1245 Seneca Creek Road, proposing to disturb 4 acres of the 18.3 acres - Property is unique, existing banquet facility - Zoned R-90 and are proposing to amend 12.8 acres to R-60A to accommodate the proposed expansion of the parking lot and construction of onsite hotels, with a maximum of 40-units - Phase 1 would be 24-units and Phase 2 would be 16-units - The applicant acquired the property in the fall of 2022 - Compared the original plan to the updated proposals and stated the Planning Board recommended approval of the rezoning at the October 9, 2025, meeting - Referred to the updated landscape plan noting the plan has been enhanced for screening for the nearby property owner - Site plan approval from the Planning Board will be required with a fully designed landscape plan - Submitted an updated Part 1 of the Full Environmental Assessment Form on February 18, 2026 - Referred to the plan updated as of February 4, 2026, noting the buffer of property that will not be rezoned - Set back of Phase 2 300' from the zoning line, 450' from the west, and to the east is even greater - Modification of Phase 1 from 5 buildings to 3 buildings, Phase 2 buildings have been somewhat modified and would be built if Phase 1 is successful - Changes requested: remove fire pits, add green space, increase the building setbacks from Seneca Creek Road, add a stormwater management area - noting the applicant must comply with the NYSDEC's stormwater quality and quantity standards, add a laundry room - added in building no. 2 - Landscaping was enhanced and anticipate losing only one tree - Renderings of the building were displayed, noting the cost of the project would be several million dollars - Housing to be available to outside visitors - There is a shortage of lodging in the West Seneca area - This type of amenity is becoming more prevalent and ensures the long-term economic success of this facility - All necessary permits, inspections, and code requirements will be met - R-60A zoning classification does allow for this type of facility, noting the request for alcohol service was removed - Some believe this would be spot zoning and stated this is not the case for reasons including: the Town Board has within their discretion to determine the suitability of any rezoning classification on any particular site, this is a unique property and this proposal is enhancing the existing use, it is residential in nature despite the commercial use - The applicant is open to input for potential conditions - Presented the rules and regulations and confirmed fire pits have been removed from the proposal - New information: one reason the public hearing was left open for continuation is the fact the town 2

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 wanted to make sure they had a very thorough referral to the EC Department of Environment and Planning pursuant to NYS GML Section 239-m - March 25, 2026, a response letter was received and highlighted the following comments: DEP is familiar with the Project and has been involved throughout the process, including review of the previous rezoning referral dated October 15, 2025, that was determined to be of local concern. The proposed action is located within the Developed Area as defined in the Framework for Regional Growth. Actions in the Developed Area should: "Spark reinvestment, attract new households and businesses, and improve the livability and economic vitality of the region’s existing communities. Support a) the conservation and stabilization of existing neighborhoods; b) new compact, pedestrian - oriented, mixed-use development on vacant and underutilized sites; and c) higher density, employment intensive, mixed use and transit-oriented development in regional centers and growth corridors." The Town should consider the site plans alignment with the Town of West Seneca’s Comprehensive Plan, specifically Economic Development & Reinvestment Objective F) Encourage increased tourism development and expanded tourism services. The Town and developer should retain any mature trees on site, consider limiting vegetation removal, reducing the amount of pavement, and incorporate impervious surfaces. The Town and developer should ensure that there is an adequate vegetative buffer between the development and adjacent residential properties, in order to mitigate noise and visual impacts. The Town should work with the developer to establish hours of operation so not to disturb neighboring residential properties. - EC Department of Public Works provided a response, letter dated March 13, 2026, setting Seneca Creek is a county Road (CR-325) and the ECDPW has no concerns with the property being rezoned from R-90 to R-60A - EC Division of Sewage Management provided comments on March 20, 2026, noting the following: the proposed project is located in EC Sewer District No. 1; review and approval of any sanitary sewers installed is required by ECDSM - noting the applicant has provided preliminary information on the projected flows within Part 1 of the full EAF - An environmental review of the project is conducted pursuant to the State Environmental Quality Review Act (SEQRA) - noting the project is an unlisted action and does not cross any thresholds for a Type 1 action, the original SEQRA submission was supplemented to include a completed Part 1 of a full EAF along with exhibits 1 - 8, there are no environmentally protected resources on the site; the project requires site plan approval to ensure compliance with a wide assortment of technical standards; only 4 of 18 acres will be disturbed; and in their opinion, the SEQRA review requirements are fulfilled: 1) relevant areas of environmental concern have been identified and 2) ensure a hard look has been taken and finally; issue a SEQRA determination - noting the applicant is requesting a Negative SEQRA Declaration - A letter from the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) of December 2,2025, indicated that no properties, including archaeological and/or historic resources, listed in or eligible for the New York State and National Registers of Historic Places will be impacted by the project, the project will not result in any potentially adverse environmental impacts, an issuance of a Negative Declaration is justified - The applicant is requesting a Negative SEQRA Declaration and rezoning the relevant portion of the project site from R-90 to R-60A Public comments were received as follows: 3

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 Conrad Wierzbowski, 1087 Seneca Creek Road: - Referred to Supervisor Dickson's campaign and comments that people in Albany are not listening to citizens and requested the Town Board listen to the 100 citizens opposed to the project Zach Armstrong, Marilyn Drive: - In his opinion, develop in the town needs to happen - Has attended wedding venues with onsite lodging and had positive experiences - Kloc's Grove does a good job and the owners do good things for the town - The project will be good for West Seneca and attract people Charles Gangarossa, West Seneca resident: - Attended many events over the past many years and the owners are good people - In his opinion, a project like this will create jobs - Requested the Town Board approve the project - In his opinion, the presentation was transparent and did not hide anything Chris Owczarczak, 1255 Seneca Creek Road: - In his opinion, the applicant just wants to make money - Is not aware of wedding venues offering 40 rooms - Is against the rooms being used by people not associated with an event - There are existing problems with the road, sewer system, and electricity Denise Bauer, 1160 Seneca Creek Road: - What is the purpose of having zoning policies if spot zoning happens - How would the town benefit - Property has evolved and asked if any provisions were placed on the property - Property owners bought in this area because of the residential zoning and spot zoning would change the character of the neighborhood - Expressed concern about future owners and uses - Asked what kind of precedent the approval would set Dan Warren, Indian Church Road: - Has submitted written comments - Has attended the previous meetings and observed the many neighbors expressing opposition - In his opinion, the project would not financially benefit the town - The last town wide reassessment was in the mid 1980's - In his opinion, projects such as this will not raise the tax base and called for a 100% re-evaluation of property assessments in the town - The number of jobs that the project would provide will not increase the town's tax revenue - The town's share of sales tax revenue will not increase significantly - In his opinion, drunk driving would not be reduced if the hotel rooms are available for anyone - In his opinion, the project is a bad fit for the neighborhood and the community, and other properties in town are better suited to this type of project, for example, Gregor's Garden Grove on Clinton Street - This parcel is labeled as green space recreation in the Comprehensive Plan Michael Harmon, 1281 Seneca Creek Road: 4

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 - There are unknowns involved with the project that could be detrimental to the neighborhood - The Planning Board recommended that the rooms would only be rented to those associated with events at Kloc's Grove - Expressed concerns about an increase in traffic in this area, the impact on the sanitary sewer system, an increase in the noise from the location, and the instances of drinking and driving - What impact could this have on nearby property values - The project would decrease the quality of life for the surrounding property owners - Anticipates an increase in first-responder calls - In his opinion, there would be a lack of supervision and the units would be available at all times - Requested the project be denied Doug Smithmeyer, Seneca Creek Road: - What is the purpose of zoning and recounted his own experience with attempting to put a barn on his property - People not directly impacted by the project cannot understand - The proposed project will diminish his enjoyment of his property - Expressed concerns about the proposed buildings being left vacant if the business is not successful - The property is better suited for single family homes Karen Delecki, 1295 Seneca Creek Road: - The proposal sounds like apartments are being proposed and does not want this Conrad Wierzbowski, 1087 Seneca Creek Road, stated that 1245 Seneca Creek Road paid less town taxes in 2025 than in 2023. Doreen, Seneca Creek Road: - State that her question about whether a study was conducted on the infrastructure, specifically the poor water pressure and electrical outages has never been answered - Referred to a resident who stated she has raw sewage in her backyard after heavy rains - Why are these issues not a priority to the Town Board - In her opinion, only the property owner would benefit from the proposed project - Expressed concerns about possible negative impacts - In her opinion, there are plenty hotels in the area - Town Board members should not vote in a particular way because of a personal friendship with the applicant, or receiving campaign donations Simone O'Connor, Glenfield Drive: - What thoughts do the Town Board members have when listening to the residents' comments in opposition to the project - People's experiences should be considered over all other things Chris Owczarczak referred to the public's unanswered questions from the previous public hearing and asked for answers. Supervisor Dickson directed Deputy Supervisor Greenan to forward comments received through Facebook to Town Clerk Newton, and were not read at the meeting. 5

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 Motion by Supervisor Dickson, seconded by Councilmember Sherman, to close the public hearing at 7:49 P.M. On the question, Councilmember Robertson read an email from Amanda Pitrelli - Referred to the comments she has made at previous meetings and previous emails to Town Board members - Requested the Town Board vote on the proposal and not delay a decision again as in her opinion, the delays chip away at public trust - The need for transparency is greater than ever - She and her neighbors have come together as a community with shared concerns for our property values, access to adequate utilities and proper drainage and are worried that our quality of life will severely decline as a result of this re-zoning - She respectfully requests that the Town Board and Town Attorney confirm on the record that the supermajority requirement of Town Law § 265 will be applied to Local Law 2026-6 Ayes: 4 Noes: 0 Abstain: 0 Motion Carried Supervisor Dickson asked Code Enforcement Officer Schieber how many houses could be built on the lot according to the zoning code. Mr. Schieber stated 40 - 50 single family homes based upon 10,000-sf per single-family home, on the approximately 12 acres parcel. Supervisor Dickson asked Town Attorney Trapp if he agreed that the vote should be a super majority. Mr. Trapp stated that a super majority was appropriate. Supervisor Dickson referred to the comments that the taxes went down and stated that the vast majority of property owners' town taxes did decrease. Supervisor Dickson addressed the Town Board members and stated there are three options: accept the proposal as the applicant requested; deny the project; or accept the project with conditions, for example, limiting hotel guests to events at the venue. Councilmember Breidenstein recalled the Planning Board discussions about limiting hotel patrons and stated he was not certain if the Town Board could legally limit a property owner's use of short- term rentals without being discriminatory. Further, Councilmember Breidenstein would not grant Phase 2 approval at this meeting and would require any potential applicant for the parcel to be required to go to the Planning Board and Town Board for additional site approvals. Supervisor Dickson requested clarification from Councilmember Breidenstein. Councilmember Breidenstein stated that he would prefer any expansion, including Phase 2 expansion. Mr. Hopkins stated Phase 1 consists of 24 units and Phase 2 is 16 units. The applicant is amenable to a maximum limit of 40 units being placed on the site. Councilmember Sherman stated she agrees with Councilmember Breidenstein's requirement. Mr. Hopkins stated the applicant is amenable to this. Councilmember Robertson stated that he is a huge fan of development in the appropriate manner and acknowledged this may be the hardest decision he will make during his term. Councilmember Robertson stated he has heard the residents' concerns about transient guests being onsite 24/7/365 6

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 and that the project does not align with the existing neighborhood, in his opinion. Furthermore, in his opinion, the request for rezoning should have been a condition when the applicant was buying the property and believes the proposed project was planned at that time. Councilmember Robertson stated the initial communication with the community was lacking, and the process could have been more transparent with better community outreach to the surrounding residents. Councilmember Robertson stated that he is not a fan of What If security and, in his opinion, an operation that is open 24/7 should have onsite administration. In addition to security concerns, there is uncertainty whether this would be spot zoning. Councilmember Robertson then read the spot zoning clause and feels there are variables that make it unclear. Councilmember Robertson asked Mr. Hopkins if or was eliminating Phase 2 is a consideration. Mr. Hopkins stated eliminating Phase 2 has not been considered, but the applicant is amenable to the condition that they return for approval of Phase 2. Also acceptable would be Town Board review and approval of the security plan. Councilmember Robertson stated the area is largely residential and the current business exists because it is a preexisting, nonconforming use. The proposed project would change the footprint and the nature of the business. The project would alter the landscape. Supervisor Dickson stated that he listens to the residents and, in his opinion, the hotel accommodation would provide some sales and property tax benefit, noting the only dramatic benefit the town will see is the development of the Old Seneca Mall site, but every bit helps. Further, the property is already used for commercial purposes and disagrees about what intoxicated people would do, and commented that they would go back to their rooms. The proposed project would help a local business that has been there for decades. The expansion is limited in scope and can be considered an extension of its current business. The expansion would provide a few jobs. The expanded parking lot will help. There will not be a restaurant or bar. The single story style was requested. The wetlands are not affected, and the proposed plan increases the natural barriers. The Comprehensive Plan labels this parcel as recreation and entertainment, and the proposed project fits the economic plan for tourism. Infrastructure issues will be addressed by each particular agency: sewer, water, and electricity. Supervisor Dickson stated he is struggling with people not attending events using the rooms. If there was nothing on the property, zoning would never allow a hotel; but he could support adding rooms being used for people at a wedding. The neighbors share the concern over the rooms being available to anyone. The applicant has indicated that the project is not viable if they do not allow the rooms to be available to those not associated with an event. Supervisor Dickson repeated the statement that if nothing was currently there, a hotel would never be allowed. Again, if the project was intended to be an extension of the business at Kloc's would be fine. The Planning Board also discussed this. Councilmember Robertson asked what Check-In would look like, for example, similar to an Airbnb. Mr. Hopkins stated he anticipates the check-in process would be virtual, noting the family owns the facility and would be onsite. Councilmember Robertson stated while he appreciates Mr. Hopkins' information, he feels the onsite presence would be limited and sporadic, and anticipates the rooms would be utilized more frequently than just the venue itself. Councilmember Sherman stated that when she heard of the proposal, it was to have space available for overnight for the guests of the facility, and it seemed like 24 rooms would be adequate. To then need Phase 2, which would be many rooms for a wedding venue. Councilmember Sheman asked how the rooms would be managed for guests of the facility. Mr. Hopkins stated the applicant could 7

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 manage this. Councilmember Sherman asked how the applicant feels about the limitation of just guests at the venue. Mr. Hopkins stated he is not certain how that could be enforced, and the limitation would be a larger issue for a lender. Councilmember Breidenstein stated that while the Town Board wants the very best for its residents, part of the struggle is because this is the first time event for this type of proposal. Historically, the preexisting nonconforming banquet facility predates virtually everyone's ownership of their property. In his opinion, Councilmember Breidenstein believes the Kloc family wanted the business to continue to exist for another 70 years. Councilmember Breidenstein stated the Town Board will vote tonight and even if the project is denied, the applicant can still pursue this through litigation. Or vice versa for the residents if the project is approved. Councilmember Breidenstein stated he spoke with Chief Cosgrove and would place a condition that the safety plan be reviewed with the Police Department and sanctioned. Further, Councilmember Breidenstein would support not sanctioning Phase 2. Mr. Hopkins stated the condition of the security management plan would be acceptable, and the Police Chief knows what should be in the safety plan. Supervisor Dickson asked the Town Board if there are additional conditions beyond limiting the rooms to hotel operations, the buildings are to be single-story, and the safety plan to be reviewed by the Police Department. Supervisor Dickson stated that in his opinion, the owners would abide by the limitation about guests. Councilmember Breidenstein stated listing potential conditions would be a wise discussion. Supervisor Dickson stated the Town Board would need to do the SEQRA first, but if the project is approved it is not necessary. Councilmember Robertson stated that if Phase 2 is not negated and limited to transient guests only, he cannot support the project. Supervisor Dickson stated his question is if the conditions were placed on the approval, would Councilmember Robertson support the proposal. Supervisor Dickson stated that he heard many times that there was support for the project if the rooms were limited to guests of the venue. Councilmember Robertson stated he does not believe that the conditions would be acceptable. Supervisor Dickson asked Mr. Trapp if the SEQRA needed to be done even if the project was going to be denied. Mr. Trapp stated SEQRA must be done before a vote is held on a zoning change. Councilmember Sherman asked Mr. Trapp if, in his opinion, it would be difficult to adhere to the guests being just from an event at Kloc's. Mr. Trapp stated that it would be a matter of being able to enforce a condition such as this and limiting it to wedding guests is not a feasible limitation. Councilmember Breidenstein asked if the project was approved would it fall under the Airbnb (Short-term Rental) code. Mr. Trapp stated this is being classified as a hotel or motel, and the nature of a hotel or motel is transient population. Motion by Supervisor Dickson, seconded by Councilmember Breidenstein, to adopt the following Negative Declaration: WHEREAS, the Town Board of the Town of West Seneca, as lead agency acting pursuant to the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, has reviewed Part I (long form) of the Full Environmental Assessment Form ("FEAF") prepared by the applicant for property located at 1245 Seneca Creek Road ("Subject Property"), for development of hotel units and associated site work and parking (the "Project"), and reviewed the completed Part II and Part III of the EAF analyzing the potential for the Project to result in any significant adverse environmental impacts and has otherwise taken a hard look at the identified potential environmental impacts utilizing the criteria specified in 6 NYCRR 617.7(c); and 8

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 WHEREAS, the Erie County Division of Planning, after carefully and fully reviewing a description of the proposed project, along with the application and other documents as submitted to the Town of West Seneca, replied in writing that the project was to be of local concern; and WHEREAS, the Town Board held multiple public hearings which were properly noticed to the public wherein the project was discussed; and WHEREAS, the project has been reviewed with respect to the concomitant zoning change that has been sought and which was also the subject of multiple public hearings and meetings over a period of six (6) months; and WHEREAS, the project has been initially reviewed by the Planning Board which has given preliminary approval of the zoning change, but must still render a future determination with respect to site plan approval after a review of the completed plans and submissions to any appropriate county and state agencies relative to any water, sewer, or other considerations; and WHEREAS, the Town Board herein determines that it shall act as lead agency for such purposes and there has been no opposition thereto by any other interested agency; and WHEREAS, the Town Board, carefully and fully reviewed the application including the following documents submitted by the applicant and other interested entities: SHPO which did not respond, along with the responses from Erie County Environment and Planning, ECWA, NYSDEC, the relevant West Seneca Fire District, and the reports and submissions from Carmina Wood Design; and WHEREAS, a zoning change from R-90 and R-90A to R-60A to allow the construction of a hotel facility without a restaurant/bar is sought; and WHEREAS, the Town Board, upon taking an independent hard look and reasoned evaluation of all of the above-referenced information, comments and written documentation with regard to the project and which has placed reasonable conditions on any such grant; WHEREAS, upon review of Parts I, II, and III of the FEAF and documentation and plans submitted by the applicant in connection with the review of the Project, the Town Board has not identified any potentially significant adverse environmental impacts associated with the proposed use of the Subject Property, has determined that this is an unlisted action and preparation of a Full Environmental Impact Statement is not necessary and that the issuance of a Negative Declaration is therefore appropriate; now, therefore, be it RESOLVED that pursuant to 6 NYCRR 617.7(a) the Town Board hereby accepts its designation as lead agency and does hereby adopt a Negative Declaration with respect to the Project based on its determination that the Project will not result in any potentially significant adverse environmental impacts. On the question, Councilmember Robertson asked if the vote was strictly for the SEQRA and not the rezoning. Supervisor Dickson confirmed this was correct. 9

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 Ayes: 4 Noes: 0 Abstain: 0 Motion Carried Additional conditions: Councilmember Sherman stated the applicant would need to return to the Planning Board for Phase 2 when the project would be thoroughly evaluated with a review of its actual use and any issues or impacts that had emerged from the review of Phase 1. Another condition would be that other uses permitted under R-60A zoning classification shall not be considered. Supervisor Dickson stated the Planning Board set this as a condition. Councilmember Breidenstein stated the safety plan to be reviewed and approved by the Police Department. Supervisor Dickson stated without the limitation on the just use of the site by people using Kloc's, he cannot get beyond the idea that hotel would not have been approved there if Kloc's did not exist and does not consider this as part of their business, i.e., a hotel that is accepting outside people who are not connected with an event at Kloc's and cannot support this. Motion by Supervisor Dickson, seconded by Councilmember Breidenstein, to approve Local Law 2026-6 Changing the zoning classification for the property located at 1245 Seneca Creek Road (SBL 135.08-1-13) is hereby modified to allow boutique hotel/motel buildings on the site without the service of food or drinks from R-90 to R-60A, but only to the extent set forth in the attached property map submitted by the applicant, and to modify that portion of the property upon which the banquet facility is located from R-90 to R-60A, all with such reasonable conditions as may be necessary and determined by the Town Board. Such rezoning shall remain as R-90 three hundred feet the entire width of the property as measured from Seneca Creek Road with the following additional conditions: 1) limited hotel operations; 2) single-story; 3) safety plan approved by the West Seneca Police; and 4) eliminating Phase 2. Ayes: 1 Noes: 3 Abstain: 0 Motion Failed *Appendices* Voting for: Councilmember Sherman Voting against: Supervisor Dickson, Councilmembers Breidenstein and Robertson Abstain: None REGARDING PUBLIC COMMENTS The Board will now entertain public comments for an item on the agenda or for any topic of concern. Each speaker should state your name and street for the record. Please be respectful in your comments and do not divulge any personal or confidential information (for example: names, specific situations, etc.). Speakers should recognize that not all questions or comments can be answered immediately and may require additional research. It is the Board’s goal to respond in a thoughtful, timely, and accurate manner. PUBLIC COMMENTS The following comments and questions were made: Jeff Quain, West Seneca, referred to the pool proposal on the agenda: - In his opinion, the proposal lacks information about the policy and reasoning - Were other vendors considered 10

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 - Are the services necessary - Would like a comparison of costs with and without the vendor's services - In his opinion, the residents were not given sufficient time to review - Requested the item be tabled Courtney Fallon, former West Seneca resident: - Has not seen any job postings on the Recreation Department's Facebook page in 2026 - Where is the training to take place - The town's safety plan will expire May 1st and believes the pool will not be legally usable for the training - Expressed concerns about the budget - Referred to the fee schedules of other municipalities and, in her opinion, the fees are inaccurate - Requested any changes be discussed after the summer season - Will digital payment at the pool be available Dan Warren, Indian Church Road: - The proposal is very ambitious and expressed concerns about the transition being successful Director of Recreation Cox stated Ellis and Associates is a certification type and is a gold standard for certification recognized nationally and internationally. The proposal is to change the town's certification from the American Red Cross to Ellis and Associates. Ellis and Associates will train 6 - 7 supervisors to be lifeguard trainers. The program would allow the town to certify lifeguards in house. The West Seneca School District's pools would be used for the training programs along with classroom training. Director of Recreation Cox stated he has just become full time and does not know why job postings have not been posted to Facebook, postings have been on the town's sign and the website. The safety plan expires March 17, 2027, is available on the website, and the safety plan does not identify a specific service provider. An effort to make the pool more accessible to residents is through extended hours. Currently, there are 21 people identified to be lifeguards and another 6 people to be interviewed. The pool opening is scheduled for June 26th. Lifeguards will be certified as swim instructors and swim lessons will be offered this summer. NEW BUSINESS 1. PERSONNEL 1. Supervisor Dickson re Appointment of Municipal Director of Human Resources Councilmember Breidenstein stated there were 49 applicants, 9 candidates were identified after screening for specific qualifications, and 8 individuals were interviewed. The Town Board anticipates making an appointment at the next meeting with the individual starting May 12th. 2. Chief Cosgrove re Retirement of Lieutenant Daniel Volpe Motion by Supervisor Dickson, seconded by Councilmember Breidenstein, to accept the retirement of Lieutenant Daniel Volpe effective April 30, 2026, noting his last day on the payroll is April 29, 2026. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 2. COMMUNICATIONS TO BE VOTED ON 11

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 1. Highway Superintendent Adams re Sale of highway equipment Motion by Supervisor Dickson, seconded by Councilmember Robertson, to authorize the Highway Superintendent to enter into an agreement with Auctions International for the sale or disposal of old vehicles and equipment, noting proceeds from the highway equipment will go to the Highway Fund, and proceeds from the buildings and grounds equipment will go to the General Fund for new equipment purchases. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried Appendices 2. Town Justice Court Administrative Liaison Almeida re Title change of Rachel Nalewajek to full time Court Clerk Motion by Supervisor Dickson, seconded by Councilmember Sherman, to change the title of part- time Clerk Typist Rachel Nalewajek and appoint her as a full time Court Clerk effective May 4th, 2026, at an annual salary of $52,335.07 to be paid from the Town Justice account line 01111000.50137. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 3. Chief Cosgrove re Purchase of police vehicles Motion by Supervisor Dickson, seconded by Councilmember Robertson, to authorize the Chief of Police to draw up specifications and set a purchase bid on the NYS Office of General Services Market Place for the purchase of three (3) new 2026 Dodge Durango Pursuit police vehicles to be paid from the 2026 police vehicle budget line 01312000.50208. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 4. Director of Finance re Budget amendment - Police Department Motion by Supervisor Dickson, seconded by Councilmember Breidenstein, to authorize the following 2026 budget amendment for the use of revenue from the 2026 CARES UP Grant awarded to the Police Department: WHEREAS, the Town of West Seneca Police received a 2026 CARES UP Grant from the Research Foundation for Mental Hygiene, Inc. stating they were awarded a grant in the amount of $42,625.00; and WHEREAS, the fourth payment received from this grant on April 15, 2026, in the amount of $7,500.00, will be recognized as revenue in the General Fund as State Aid – Police, account 01000100.43490: NOW, THEREFORE, be it RESOLVED, that the Town Board does hereby authorize the 2025 budget amendment to increase State Aid – Police by $7,500 for the second payment on the Cares Up grant. Police – Other Contractual Expenses, account #01312000.50415 will also be increased by $7,500 for the associated 12

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 expenses on this grant. Increase: 01000100.43490 State Aid – Police $7,500.00 01312000.50415 Police/Other Contractual Expenses $7,500.00 Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 5. Director of Recreation Cox re Aquatic safety and swim program transition Director of Recreation Cox stated Ellis and Associates would provide training for lifeguard instructors. The town would use the Ellis and Associates (E&A) type of certification. The next item on the agenda is a request for approval to transition swim lessons from the Red Cross to E&A. Supervisor Dickson asked why E&A was selected. Director of Recreation Cox stated Ellis and Associates of the gold standard lifeguard training in the United States and internationally. Supervisor Dickson asked if any local entities use E&A. Director of Recreation Cox stated that locally Darian Lake uses E&A, among other entities across NYS. Supervisor Dickson asked what this program replaces. Director of Recreation Cox stated that this program brings lifeguard training and certification in-house. Supervisor Dickson stated while the program costs more, it ensures the town has the appropriate number of lifeguard trainers and lifeguards going forward. Councilmember Breidenstein stated that in recent years the town used a private contractor to train lifeguard instructors and commented that this venue is no longer available. The proposal is a way to standardize the process and ensure the pool stays open. Supervisor Dickson stated the program would be funded from the Building Recreation Fund and explained recreation fees are collected from new housing development. The current fund balance is approximately $100,000. Councilmember Sherman stated E&A are risk managers, also. Director of Recreation Cox stated E&A does consulting, surprise audits, training, manuals, and in-services. Councilmember Sherman asked where the consultant is located. Director of Recreation Cox stated Wisconsin and commented that the company operates internationally. Councilmember Sherman asked if there were extra costs for this. Director of Recreation Cox stated there is a one-time cost to train the lifeguard trainers. Red Cross trainers are not as plentiful and are more difficult to find. Supervisor Dickson asked what the Jeff Ellis Swimming Program was. Director of Recreation Cox stated that is the swim lessons program. Motion by Supervisor Dickson, seconded by Councilmember Sherman, to authorize the Supervisor to execute the contract with Ellis & Associates (E&A) in an amount not to exceed $14,089.00 to provide an aquatic safety and swim program to be paid from the Building Recreation Fund account 04000000.20032. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 6. Director of Recreation Cox re 2026 pool rate schedule Director of Recreation Cox explained the proposed fee schedule and his recommendation of an unlimited option instead of punch passes. The passes will be sold digitally through the MyRec website. There will be payment options at the pool. Supervisor Dickson stated fee schedule includes a non-resident rate and asked if Director of Recreation Cox consulted with NYS. Director of 13

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 Recreation Cox confirmed the fees are inline, for both residents and nonresidents, with the grant that funded the construction of the pool. Motion by Supervisor Dickson, seconded by Councilmember Robertson, to approve the attached rates for the 2026 pool season. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried Appendices 7. Director of Recreation Cox re 2026 swim lessons program and fee schedule Director of Recreation Cox stated the Jeff Ellis Swim Program is more in depth than the Red Cross and availability will be through General Ed Swims. Motion by Supervisor Dickson, seconded by Councilmember Sherman, to approve the following fee schedule for the 2026 Swimming Lessons: Participant Category Recommended Rate (per 6-session block) West Seneca Resident $65.00 Non-Resident $75.00 Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 3. WARRANT 1. Director of Finance re Approval of Warrant Motion by Supervisor Dickson, seconded by Councilmember Sherman, to Kindly approve the vouchers submitted for audit, chargeable to the respected funds as follows: General Fund: $ 635,686.87 Highway Fund: $ 180,527.27 Capital Fund: $ 91,255.41 Sewer Districts: $ 10,295.85 Water Districts: $ 0.00 Drainage District: $ 0.00 Gas Conversion Lighting Districts: $ 86.63 Electric Lighting Districts: $ 1,948.10 Total: $ 919,800.13 Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 4. REPORTS FOR FILING 1. Supervisor Dickson re Final ARPA report Motion by Supervisor Dickson, seconded by Councilmember Breidenstein, to receive and file the Final ARPA report. 14

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 2. Code Enforcement re Building & Plumbing Reports for March 2026 Motion by Supervisor Dickson, seconded by Councilmember Breidenstein, to receive and file the Building and Plumbing Reports for March 2026. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried ISSUES OF THE PUBLIC Public comments are questions were received as follows: Pete Pietrak, Wimbledon Lane: - Can seniors use equipment in the pool, such as flippers and snorkels - Director of Recreation Cox stated he would consider this request. James Manley, Larkwood Road: - The Memorial Day Parade and Ceremony is scheduled for Monday, May 25th Jeff Quain, West Seneca: - Referred to the ARPA report and asked what the "Reallocation of DAN funds" was - Supervisor Dickson stated there was a $600,000 deficit in the 2019 budget and the fund balance was too low. Money was borrowed to close out the year with a deficit anticipation note. Money from other lines was used to pay the note and then ARPA funds were used for those lines. - Expressed disappointment that the pool items were voted on and, in his opinion, the public did not have enough time to review them - Should the contract have been put out to bid, noting it was over $10,000, and questioned if this is considered professional services Beverly Leising, Harwood Road: - It is important to her and others that worked to return the Town Board to 5 members that the vacant seat is filled Deputy Supervisor Greenan read the following comments from Facebook: - Questioned why the town is charging veterans a fee to use the pool - The pool fees were not discussed with the Recreation Commission - Director of Recreation Cox stated this can be reviewed. COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS Highway Superintendent Adams - Yard waste collection to begin May 4th Chief Cosgrove - Referred to the question about car - deer collisions and if they have declined with the cull program - 2022 - 179 2023 - 202 2024 - 172 15

WEST SENECA COURT ROOM TOWN BOARD PROCEEDINGS 1250 Union Road Minutes - Meeting # 2026-08 West Seneca, NY 14224 April 27, 2026 2025 - 138 2026 - 24 to date, tracking with 2025 numbers While accidents appear down 20%, Chief Cosgrove cannot say with certainty this is a result of the cull program and would like one more year's data. Supervisor Dickson stated 165 deer were taken this season. Director of Recreation Cox - All recreation memberships will be purchased through MyRec, working with this vendor for electronic payment provider, all passes will be electronic with bar codes that will be scanned Deputy Supervisor Greenan - The Farmers Market will begin on May 21st Code Enforcement Officer Schieber - Working with Mr. Trapp regarding the property of 557 Main Street, the vacant white house - Upcoming Planning Board meetings will discuss EV charging stations at the town and final approval for the White Mansion property - Contact the office with any lawn maintenance issues Supervisor Dickson - Work is commencing at the Seneca Mall site and stated he cannot comment on the biggest tenant per the developer's direction ADJOURNMENT Motion by Supervisor Dickson, seconded by Councilmember Robertson, to adjourn the meeting at 8:36 P.M. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 16

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May 2026 Highway Auction List ZIPPER 1450 Asphalt Zipper Attachment 1039 2009 INTERNATIONAL 7400 SFA 4X2 1HTWDAAR69J177552 1109 2006 CHEVROLET 4X4 PICKUP 1GCHK24U96E253397 808 2009 FORD F-250 1FTNF21589EA93862 1166 2000 CARLTON 4400-D 1J9E22116X1167021 873 2000 ZAMBONI 500 6658 1078 2005 INTERNATIONAL DUMP 1HTWDAAR95J138139 1999 Toro Workman 07200-90374 1999 Toro Workman 07200-90403

Town Pool Rate Proposal & Market Comparison (2026 Season) TO: Town Board Members FROM: Youth and Recreation RE: Proposed 2026 Municipal Pool Rate Schedule 1. Executive Summary This proposal outlines a strategic fee schedule for the 2026 season designed to maximize resident value while establishing a sustainable revenue stream through non-resident premiums. Our goal is to position the Town as a "Value Leader" in the Western New York region, specifically supporting families, seniors, and veterans. 2. Proposed 2026 Rate Schedule Category Resident Rate Non-Resident Rate Individual Season Pass $25.00 $50.00 Family Season Pass $50.00 $100.00 Senior (62+) Season Pass $15.00 $30.00 Veteran Season Pass $15.00 $30.00 Individual Daily Rate $5.00 $10.00 Senior/Veteran Daily Rate $3.00 $6.00 3. Regional Market Comparison To justify these rates, the following chart compares our proposed resident tiers against current 2026 data from neighboring Southtowns and Northtowns municipalities.