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You are here: Home / Town News / Zoning Board of Appeals – August 24, 2016

Zoning Board of Appeals – August 24, 2016

October 19, 2016 By Darlene Nygren

Zoning Board of Appeals Minutes

August 24, 2016

Present:   Tim Young, Chairman

    Richard Nygren

    Kathy Stedman                                                                                            

    Douglas Hooper

Absent:    Gary Starr

Also present:  Lisa Rodriguez, Patricia Herschkowitz, Jeffery Walsh, Rick Willman, Brian Peterson, Gary Meutsch, Tim Wells, Ramon Ammerman, Brad & Cindy Barker, Elaine Ford, Barry

Culver, Jeff Flanders, Code Enforcement Officer Jeffrey Swanson

A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, August 24, 2016 at 7:00 p.m. at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following applications:

Application of Elaine Ford, 712 Warren Road, Frewsburg, New York for an area variance to construct a deck on property located at 4721 Ashville Road, Ashville, New York.  Property is owned by her and known as Section 384.11, Block 2, Lot 41 of the official tax map of the Town of Busti.  Property is in the Conservation/Residential District. Barry Culver, co-owner of the property, appeared before the Board and discussed the proposed deck plans.  The Board reviewed the balancing test and determined that the benefit to the applicant outweighed any detriment to the neighborhood.  Douglas Hooper made a motion to grant the application of Elaine Ford for an area variance to construct an 8’ x 10’ deck on the front of the house, with an allowance for an accessible ramp to be added to the deck in the future if necessary.  The deck is to be no closer than 20’ to the east property boundary.  Seconded by Kathy Stedman.  All aye.  Carried.

Application of Ramon M. Ammerman, 21 Telfair Drive, Williamsville,  New York for an area variance to build a deck on property located at 2379 Canal Road, Ashville, New York.  Property is owned by him and known as Section 367.20, Block 2, Lot 48 of the official tax map of the Town of Busti.  Property is in the Multi-Family Residential District. The Board reviewed the balancing test and determined that the benefit to the applicant outweighed any detriment to the neighborhood.  Richard Nygren made a motion to grant to the application of Ramon Ammerman for an area variance to build a 5’ x 40’ deck along the canal.  Deck will be at ground level and constructed of pressure treated lumber.  Seconded by Douglas Hooper.  All aye.  Carried.

Application of Lisa Rodriguez, 1980 South Maple Avenue, Ashville, New York for an area variance to install a pool and deck.  Property is owned by her and known as Section 384.19, Block 1, Lot 5 of the official tax map of the Town of Busti.  Property is in the Conservation/Residential District.  The Board reviewed the balancing test and determined that the benefit to the applicant outweighed any detriment to the neighborhood.  Tim Young made a motion to grant the application of Lisa Rodriguez for an area variance to install an above-ground, 18’ diameter pool and deck.  The pool and deck are to be no closer than 25’ to either side yard property boundary.  Seconded by Douglas Hooper.  All aye.  Carried.

Application of Bradley Barker, 3988 Fenwick Road, Columbus, Ohio for an area variance  to build a single family home on property located at 48 Loomis Bay Road, Ashville, New York.  Property is owned by him and known as Section 367.15, Block 2, Lot 3 of the official tax map of the Town of Busti.  Property is in the Multi-Family Residential District.  The Board reviewed the balancing test and determined that the benefit to the applicant outweighed any detriment to the neighborhood.  Douglas Hooper made a motion to grant the application of Bradley Barker for an area variance to build a single family 1 1/2 story home on said property.  The house foundation will be 47’9” square, with a covered porch extending the footprint an additional 15’ on the lake side of the property.     House is to be no closer than 5’ to either side (east and west) property boundary, no closer than 33’ to the road from the southeast corner and 31’ to the road from the southwest corner.  Seconded by Richard Nygren.  All aye.  Carried.

Application of Mike McLaughlin, 45 Park Lane South, East Aurora, New York for an area variance for a porch and addition on property located at 4452 West Fairmount Avenue, Lakewood, New York.  Property is owned by him and known as Section 385.05, Block 3, Lot 8 of the official tax map of the Town of Busti.  Property is in the Conservation/Residential District.  Mr. Jeff Flanders of Mayshark Builders was in attendance and reviewed the proposed plans with the Board.  The Board reviewed the balancing test and determined that the benefit to the applicant outweighed any detriment to the neighborhood.  Tim Young made a motion to grant the application of Mike McLaughlin for an area variance for a 10’ x 28’ porch on the lake side of the existing house and an addition on the west side of the house.  The addition is to be no closer than 15’ to the west property boundary; however if it is determined that steps are needed as part of the addition, the variance is granted to allow the steps to be no closer than 11’ to the west boundary.  Seconded by Richard Nygren.  All aye.  Carried.

Application of Gary Meutsch, 3764 Harvard Street, Hamburg, New York for an area variance to construct a shed on property located at 2405 Lakeside Drive, Ashville, New York.  Property is owned by him and known as Section 367.20, Block 3, Lot 40 of the official tax map of the Town of Busti.  Property is in the Multi-Family Residential District.  Mr. Meutsch was in attendance and reviewed the plans with the Board. Neighbors in attendance expressed concerns about the proposed use of the shed, which Mr. Meutsch confirmed will be used only for storage.  A letter from Mr. Dalton Berringer, a neighbor, expressing his concerns about the proposed shed was read into the record by Chairman Tim Young.  The Board reviewed the balancing test and determined that the benefit to the applicant outweighed any detriment to the neighborhood.  Douglas Hooper made a motion to grant the application of Gary Meutsch for an area variance to construct a 16’ x 24’ shed.  It will be 1 ½ story shed with stairs going to the second story.  The shed will be for storage use only and is to be no closer than 5’ to the west property boundary.  Seconded by Richard Nygren.  All aye.  Carried.

Upon motion made by Tim Young, the meeting was adjourned at 8:25 p.m.

Respectfully given,

 ____________________

Susan Huffman

Deputy Town Clerk

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