Zoning Board of Appeals Minutes
March 30, 2022
Present: Tim Young, Chairman Absent: Bruce Kidder
Gary Starr Scott Schang
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, March 30, 2022, at 6:30 pm at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following application:
Application of Catherine Brooks, 1225 Wellman Road, Ashville, New York, for a Special Use Permit to sell antiques/collectibles at said address. The property is owned by her and known as Section 418.00 Block 2 Lot 7 of the official tax map of the Town of Busti. Property is in the Conservation/Agricultural District. Ms. Brooks was present and discussed her intent to sell antiques and collectibles on a part-time basis at her home.
Moved by Tim Young, seconded by Gary Starr :
WHEREAS, Catherine L. Brooks (hereinafter, the “Applicant”) has applied for a Special Use Permit for a limited retail business selling antiques and collectibles from her home at 1225 Wellman Road, which is designated on the Chautauqua County tax map as Section 418.00, Block 2, Lot 7, and
WHEREAS, the proposed use has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a short Environmental Assessment Form, and
WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed use, and
WHEREAS, the Board has determined that the proposed use will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals hereby approves Parts I and II of the Environmental Assessment Form, issues the attached Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed use, and authorizes the Chairman to complete and sign the Environmental Assessment Form accordingly.
All aye. Carried.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
To consider the application of Catherine L. Brooks for a Special Use Permit for a limited retail business selling antiques and collectibles from her home at 1225 Wellman Road, which is designated on the Chautauqua County tax map as Section 418.00, Block 2, Lot 7.
Resolution moved by: Tim Young
Seconded by: David Josephson
WHEREAS, Catherine L. Brooks (hereinafter, the “Applicant”) has requested a Special Use Permit pursuant to Section 405-13 of the Town of Busti Zoning Code for a limited retail business selling antiques and collectibles from her home at 1225 Wellman Road, which is designated on the Chautauqua County tax map as Section 418.00, Block 2, Lot 7, and
WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed, and a Negative Declaration has been issued after examination of the record and a public hearing, and
WHEREAS, the Zoning Board of Appeals has considered all the facts and papers before it, and has heard those wishing to be heard at a public hearing held March 30, 2022 and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application for a Special Use Permit for a limited retail business (the “Use”), be and hereby is authorized and approved subject to the conditions and requirements hereinafter set out:
- The Applicant shall undertake the Use in accordance with application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application, the conditions of this permit, and the Town of Busti Zoning Code.
- The terms, conditions, and requirements of this permit bind and obligate the Applicant, his successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written consent of the Town, except as otherwise herein noted.
- Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in accordance with the terms or requirements of any statute, local law, ordinance, or regulation, may be deemed a violation of the Town of Busti Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.
- This Special Use Permit shall become effective after the Applicant approves each and every provision hereof and agrees to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit.
Dated: March 30, 2022
Vote: Aye Nay
Tim Young X _____
Gary Starr X _____
David Josephson X _____
* * * * * *
The Applicant, Catherine Brooks, agrees to abide by all the terms of this Special Use Permit.
Dated: March 30, 2022
Upon motion made by Tim Young, the meeting was adjourned at 7:00pm.
Susan Huffman, Deputy Town Clerk