Zoning Board of Appeals Minutes
June 22, 2022
Present: Tim Young, Chairman David Josephson
Scott Schang Bruce Kidder
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, June 22, 2022, at 6:30 pm at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following applications:
Application of Kevin and Amber Powell, Portland, New York for an area variance for a hot tub on property located at 2436 Vukote Road, Ashville, New York. Property is owned by them and known as Section 367.20, Block 1, Lot 25 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. The hot tub is already in place. Tim Young noted receipt of a letter from neighbor Bonnie Newcomb opposing the location of the hot tub. The Powell’s were in attendance and stated they had reviewed the Busti town code prior to the installation and found no references to or regulations for hot tubs. The Board discussed tabling the application to consult with the Town attorney. The Powells stated that they will not be available to attend the scheduled July or August meetings and asked if the matter could be tabled to the September meeting. Tim Young motioned to table the application of Kevin and Amber Powell to the September meeting of the Zoning Board of Appeals, tentatively scheduled for September 28, 2022. Motion seconded by David Josephson. All aye. Carried.
Application of Shawn Regan, Buffalo, New York for an area variance to move an existing shed and place a new shed on property located at 2408 Vukote Road, Ashville, New York. Property is owned by him and known as Section 367.20, Block 1, Lots 38, 39, 40 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. The Board reviewed the balancing test for a variance and determined that the benefit to the applicant outweighed any detriment to the neighborhood. Tim Young motioned to grant the application of Shawn Regan to move an existing 8’ x 15’ shed from Lot 38 to Lot 40, where it is to be no closer than 20’ to the front property boundary, and to install a new 12’ x 24’ shed on Lot 38, which is to be no closer than 5’ to the north side property boundary, no closer than 40’ to the canal, and no closer than 35’ to the front property boundary. A variance of 22,500 square feet for lot size and 50’ for lot width is granted. Motion seconded by Scott Schang. All aye. Carried.
Upon motion made by Tim Young, the meeting was adjourned at 7:10pm.
Susan Huffman, Deputy Town Clerk