Zoning Board of Appeals Minutes
May 25, 2022
Present: Scott Schang Absent: Tim Young
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, May 25, 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 Kevin DiLuca, 4392 West Summit Street, Lakewood, New York, for an area variance for a roof over a deck. Property is owned by him and known as Section 385.05, Block 4, Lot 13 of the official tax map of the Town of Busti. Property is in the Conservation/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. Bruce Kidder motioned to grant the variance application of Kevin DiLuca to construct a roof over an existing deck. A variance of .2 acres is granted for lot size and 75’ for lot width. A variance of 8’ is granted on the west side property boundary, 7’ on the east side property boundary, and 22’ for the rear property boundary. Seconded by Gary Starr. All aye. Carried.
The Board took up discussion of an interpretation of Section 405-10(B) – Application of Provisions of the Town of Busti Zoning Code as it relates to lot width and lot size variances for an existing house. Scott Schang made the following motion:
As an interpretation of Section 405-10(B) of the Town of Busti Zoning Code, that in a situation where a house is existing, the only variance requested is for total lot size or total lot width, and the application meets all other setback requirements, a building permit may be issued without requiring a hearing before the Board of Appeals.
Seconded by Gary Starr. All aye. Carried.
Upon motion made by Scott Schang, the meeting was adjourned at 6:48 pm.
Susan Huffman, Deputy Town Clerk