Present:
Robert Whitman, Chairman Douglas Hooper
Richard Nygren
Tim Young
Also present: Attorney Joel Seachrist, Christine and Randy Fosberg, Peter Hofert, Dianna Grant, Lorna Anderson, Kim Calabrese, Lee Fischer, Joshua Pike, Mike Cessna, I.J. Filhaber, J.P. Strand, Code Enforcement Officer Jeff Swanson.
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, February 25, 2015 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 Family Church of the Southern Tier, 3130 Garfield Road, Jamestown, New York, for a renewal of a special use permit for a church. Property is in the Conservation/Residential District, owned by them and known as Section 403.08, Block 2, Lot 49 of the official tax map of the Town of Busti. Peter Hofert, representing the Family Church, was in attendance and indicated that no significant changes in the operation of the church have occurred in the three years since the last renewal. Tim Young made a motion to approve the application of Family Church of the Southern Tier for a renewal of a Special Use Permit to operate a church at 3130 Garfield Road, Jamestown, New York. Seconded by Richard Nygren. All aye. Carried.
Application of Leona Anderson, 4365 West Summit Avenue, Lakewood, New York, for a renewal for a Special Use Permit to use the existing building located at 4370 West Fairmount Avenue, Lakewood, New York, for selling ice cream. Property is in the Conservation/Residential District, owned by her and known as Section 385.05, Block 4, Lot 64 of the official tax map of the Town of Busti. Ms. Anderson was in attendance and indicated that no significant changes in the operation of the business have occurred in the three years since the last renewal. Richard Nygren made a motion to approve the application of Leona Anderson for a renewal of a Special Use Permit to use the existing building located at 4370 West Fairmount Avenue, Lakewood, New York, for selling ice cream. Seconded by Doug Hooper. All aye. Carried.
Application of Michael Cessna, 1451 Big Tree Road, Lakewood, New York, for a renewal for a Special Use Permit for a golf driving range located on Big Tree Road, Lakewood, New York. Property is in the Conservation/Residential District, owned by him and known as Section 401.00, Block 3, Lot 9 of the official tax map of the Town of Busti. Mr. Cessna was in attendance and indicated that no significant changes in the operation of the business have occurred in the three years since the last renewal. Doug Hooper made a motion to approve the application of Michael Cessna for a renewal of a Special Use Permit to operate a golf driving range business at 1451 Big Tree Road, Lakewood, New York. Seconded by Richard Nygren. All aye. Carried.
Application of Christine Fosberg, 343 Sanbury Road, Jamestown, New York for an area variance for a storage shed and business signage. Property is owned by C R Rentals, LLC, located at 4403 Fairmount Avenue, Lakewood, New York and is known as Section 385.05, Block 5, Lots 9 & 10 of the official tax map of the Town of Busti. Property is in the Highway Commercial District.
In the matter of the storage shed, 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 Christine Fosberg for a 10’ x 10’ storage shed on skids, to be placed approximately where the gazebo is currently located, adjacent to the existing building. Variance is due to the size of the lot. Seconded by Doug Hooper. All aye. Carried.
In the matter of the business signage, the Board tabled that portion of the application until the next scheduled public hearing before the Zoning Board of Appeals to allow Ms. Fosberg time to more specifically determine the height, location, and overall square footage of the proposed sign.
Application of Ilmar and Mary Ellen Filhaber, 3740 Baker Street, Lakewood, New York for an area variance for a storage shed. Property is owned by them and known as Section 403.00, Block 1, Lot 9 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. Doug Hooper made a motion to grant the application of Ilmar and Mary Ellen Filhaber for a 20’ x 12’ storage shed, to be no closer than 8’ to the west boundary. Seconded by Tim Young. All aye. Carried.
Application of Joshua and Amy Pike, 2000 Winch Road, Lakewood, New York, for a Special Use Permit to operate a boat storage and service business on Cramer Drive, Ashville, New York. Property is in the Light Manufacturing/Research and Development District, owned by Ringgold Farms Ltd. and known as Section 401.00, Block 2, Lot 3.1 of the official tax map of the Town of Busti. Mr. Pike appeared and discussed the proposed plans for the business. The Board approved the State Environmental Quality Review Short Environmental Assessment and SEQR Negative Declaration. Tim Young made a motion to issue a negative declaration for the Short Environmental Assessment, as no adverse environmental impacts are expected. Seconded by Richard Nygren.
Doug Hooper moved the following resolution, which was duly seconded by Tim Young:
TOWN OF BUSTI ZONING BOARD OF APPEALS SPECIAL USE PERMIT #2015-01
Action of the Board:
To consider the application of Joshua Pike and Amy Pike, to operate a boat storage and servicing business pursuant to Section 405(21)(C) of the Town of Busti Zoning Code, on a parcel located on Cramer Road and designated on the Chautauqua County tax map as Section 401.00, Block 2, Lot 3.1.
Resolution moved by: Doug Hooper
Seconded by: Tim Young
WHEREAS, Joshua Pike and Amy Pike (hereinafter, collectively, the “Applicant”) have submitted an application for a Special Use Permit allowing them to operate a business storing and servicing boats and other watercrat pursuant to Section 404(21)(C) of the Town of Busti Zoning Code, 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 February 25, 2015, and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application to erect and operate a boat storage and servicing business on the said property (the “Use”), be and hereby is authorized and approved subject to the conditions and requirements hereinafter set out:
1. The Applicant shall undertake the Use in accordance with the application and map submitted to the Town and agrees to be bound by the terms of the application and the conditions of this permit, including as follows:
a. Applicant will maintain a 50 foot vegetative buffer, with the option of a fence, on the southern boundary.
2. If operation of the Use has not commenced within one year of the issuance of this permit, this Special Use Permit shall become void and the Applicant shall be required to apply for a new permit should he intend to continue the project.
3. 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.
4. 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.
5. This Special Use Permit shall become effective after the Applicant approves each and every provision hereof and agree to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit.
Dated: February 25, 2015 Vote:
Aye:
- Robert Whitman
- Douglas Hooper
- Richard Nygren
- Tim Young
The Applicant agrees to abide by all the terms of this Special Use Permit. Dated: February ___, 2015
Joshua Pike
Amy Pike
Upon motion made by Robert Whitman and seconded by Richard Nygren, the meeting was adjourned at 8:19 p.m.
Respectfully given,
Susan Huffman
Deputy Town Clerk