Present:

Robert Whitman, Chairman Tim Young
Richard Nygren
Douglas Hooper

Also present: Attorney Joel Seachrist, Larry Wagner, Millie Torres-Ruiz, Denny Roberg, Melanie Howard, Jean Davies, Tim Wells, Code Enforcement Officer Jeff Swanson.

Zoning Board of Appeals Minutes May 27, 2015

A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, May 27, 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 Millie Torres Ruiz, 1742 Forest Avenue, Jamestown, New York for an area variance for a shed. Property is owned by her and known as Section 404.01, Block 2, Lot 11 of the official tax map of the Town of Busti. Property is in the Conservation/Residential District. Ms. Torres- Ruiz was in attendance and indicated that the shed is already on the property and currently positioned approximately 1-2’ from the south property boundary. Upon discussion, the Board determined that a minimum distance of 5’ would be required in order for the application to be granted. 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 made a motion to grant the application of Millie Torres-Ruiz for a 12’ x 14’ shed, to be no closer than 5’ to the southern property boundary. Variance is for lot size, lot width and 35’ on the side yard. Seconded by Richard Nygren. All aye. Carried.

Application of Timothy Wells, 2383 Canal Road, Ashville, New York for an area variance to construct a roof over an existing porch. Property is owned by him and known as Section 367.20, Block 2, Lot 49 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. Richard Nygren made a motion to grant the application of Timothy Wells to construct a 7’ x 22’ roof over an existing porch. The roof is to be in line with the existing house and no closer than 28’ to the rear boundary line. Seconded by Tim Young. All aye. Carried.

Application of Larry Wagner and Todd Wagner, 5747 Magnolia Road, Lot 13, Mayville, New York for a special use permit for a cabin, shed and outhouse on property on Sandstrom Road, Ashville, New York. Property is owned by them and is known as Section 435.00, Block 2, Lot 1.1 of the official tax map of the Town of Busti. Property is in the Conservation/Agricultural/Mobile Home Park District. Doug Hooper made a motion to grant the application of Larry Wagner and Todd Wagner for a Special Use permit for a cabin, shed and outhouse on property on Sandstrom Road. The permit is granted for three years. The cabin is currently on the property. The 12’ x 16’ shed and 4’ x 5’ outhouse will be located within 15’ of the existing cabin and meet the required setbacks. Seconded by Richard Nygren. All aye. Carried.

Application of Daniel Davies, 940 Southwestern Drive, Jamestown, New York for an area variance for a shed. Property is owned by him and known as Section 420.19, Block 1, Lot 42 of the official tax map of the Town of Busti. Property is in the Highway Commercial 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 made a motion to grant the application of Daniel Davies to for a 10’ x 10’ shed to be moved to the back corner of the property, no closer than 5’ to the rear boundary. Variance is due to lot size. Seconded by Doug Hooper. All aye. Carried.

Application of Melanie Howard, 4746 Ashville Road, Ashville, New York for an area variance for a deck. Property is owned by her and known as Section 384.11, Block 2, Lot 1 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. Doug Hooper made a motion to grant the application of Melanie Howard for a 10’ x 18’ deck added on to the existing home. Deck is to be no closer than 22’ to the east property boundary. Variance is for a lot width of 150’. Seconded by Richard Nygren. All aye. Carried.

Application of Dennis C. Roberg, 1859 Winch Road, Lakewood, New York for an area variance for a detached garage and kitchen and porch addition to the existing house. Property is owned by him and known as Section 402.00, Block 1, Lot 18 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. Richard Nygren made a motion to grant the application of Dennis Roberg for 32’ x 40’single story detached garage to be no closer than 18’ to the south property boundary, and a 24’ x 41’ single story kitchen and porch addition to the existing house. Variance is for 22’ on the south boundary and for lot size and road frontage. Seconded by Tim Young. All aye. Carried.

Upon motion made by Robert Whitman and seconded by Richard Nygren, the meeting was adjourned at 7:40 p.m.

Respectfully given,

Susan Huffman
Deputy Town Clerk