Depew planning board votes to recommend denial of special-use permit for proposed smoke shop at 5150 Broadway/Unit 2

The Village of Depew Planning Board voted unanimously Aug. 7 to recommend that the Village Board deny a special-use permit application from Hot Spot 716 Inc. for a proposed smoke and vape retail store at 5150 (filings list both "5150 Broadway" and "5150 Bridal"), Unit 2.

The action followed more than an hour of testimony from the applicant, counsel, code enforcement and residents about police reports and a cease-and-desist order related to the property. Frank DeBlasi, attorney for the petitioner Hot Spot 716 Inc., told the board, "We're proposing...for a special use permit to operate...a smoke and vape Shop." He said his client purchased the business earlier in 2025 and later learned a special-use permit was required.

Issa Musa, introduced at the meeting as the owner of Hot Spot, answered questions about operations and hours. On product lines, Musa said, "It's just, smoke shop accessories. Just tobacco." He and counsel provided documents including a purchase-and-sale agreement and corporation paperwork showing Hot Spot 716 Inc. was incorporated in March 2025.

Code enforcement and police reports were central to the board's review. Don Bielefeld, the village code enforcement officer, recounted that after a stop-work/cease-and-desist order was issued in late April, village and police checks recorded activity at the site on multiple dates in June. Bielefeld told the board he ordered the business closed and that enforcement had to revisit the property when reports indicated it was operating. At the meeting the applicants acknowledged police reports and, when asked directly about those reports, the owner said, "I agree." A member of the public, Kevin Peterson of 54 Babette Drive, told the board he was "disturbed" by what he described as a pattern of operating without permits and using village resources for enforcement.

The record also contained conflicting information about business names, phone numbers and prior ownership. Board members and staff noted phone numbers and paperwork that appeared on earlier applications for a different location on Transit Road, prompting questions about whether the current filing was a new corporation or a reincarnation of an earlier business. The applicant's representative said Hot Spot 716 Inc. is a separate corporation from a prior Hotspot Smokeshop entity but acknowledged overlapping contact information and that some employees or associates appeared on prior filings.

Other details raised during the hearing: the applicants said they would not sell cannabis; they said they would prohibit smoking inside the store; they had applied for an LED sign but could not receive a sign permit until building occupancy issues were resolved; and code enforcement confirmed the shop is not within restricted distances of schools, places of worship or workplaces as measured under village rules.

After questions and public comment, Member Matuszak moved "to make a recommendation to the Village Board to deny the special use permit to Hot Spot 716 Incorporated, property located at 5150 [Broadway/Bridal], Unit 2." The motion was seconded and the board voted 5-0: Member Soja — yes; Member Fedorovich — yes; Member Matuszak — yes; Member Spencer — yes; Chairman Maciaski — yes. The motion carried, producing a formal recommendation of denial to the Village Board.

The Planning Board's recommendation is advisory; the Village Board will review the Planning Board's record and make the final decision on the special-use permit. The applicant was informed at the hearing of the items they must complete with code enforcement and building staff should they pursue further review.