Zoning Board of Appeals Minutes
September 26, 2018
Present: Tim Young, Chairman
Kathy Stedman
Gary Starr
Absent: Scott Schang
Douglas Hooper
Also present: Sherwood Danielson, David Thor, Shane Thor, Sindy Ackley, Craig & Gayle Rieder, Mike Higbee, Ed Chambers, Tom & Beth Ellert, Jack Marcinick, Ray Norberg, Alton Delong, Zach Agett, Bill Burk, Ryan White, Diane Hendrix, Code Enforcement Officer Jeffrey Swanson
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, September 26, 2018 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 Steven Milliman, 2817 Mitchell Road, Jamestown, New York, for a Special Use permit to operate a beauty salon. Property is owned by Derek Milliman and known as Section 421.00, Block 2, Lot 66 of the official tax map of the Town of Busti. Property is in the Conservation/Residential District. This application was withdrawn by the applicant.
Revisiting the application, which was tabled at the August 22, 2018 meeting, of Bill Burk, 2475 Lakeside Drive, Ashville, New York, for an area variance to build a deck over an existing porch roof. Property is owned by him and known as Section 367.20, Block 3, Lots 9 and 10 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. 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 Bill Burk to build a deck over an existing porch. A variance of 24,200 sq. feet is granted for lot size and 50’ for lot width. A side yard variance of 9’ is granted on the east side, and a variance of 44’ is granted for the rear yard. Seconded by Gary Starr. All aye. Carried.
Application of Eric Mazgaj, 476 Creek Road, Jamestown, New York, for an area variance to construct a lean-to addition to a garage. Property is owned by him and known as Section 437.00, Block 1, Lot 38 of the official tax map of the Town of Busti. Property is in the Conservation/Agricultural District. The Board reviewed the balancing test and determined that the benefit to the applicant outweighed any detriment to the neighborhood. Gary Starr made a motion to grant the application of Eric Mazgaj to construct a 10’ x 30’ lean-to addition to a garage. Variance is granted for 13.8’ on the north side yard property boundary. Seconded by Tim Young. All aye. Carried.
Application of Sherwood Danielson, 1257 South Main Street, Jamestown, New York, for an area variance for a porch addition. Property is owned by him and known as Section 421.00, Block 2, Lot 12 of the official tax map of the Town of Busti. Property is in the Conservation/Agricultural District. 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 Sherwood Danielson for a porch addition. A variance of .48 acres is granted for lot size. Seconded by Kathy Stedman. All aye. Carried.
Application of Ryan and Susan White, 991 Briarwood Drive, Lakewood, New York, for an area variance for a shed. Property is owned by Susan White and known as Section 385.03, Block 1, Lot 36.1 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. Kathy Stedman made a motion to grant the application of Ryan and Susan White for a 10’ x 15’ shed. The shed is to be no closer than 16’ to the west side property boundary and no closer than 12’ to the north property boundary. Seconded by Tim Young. All aye. Carried.
Application of David Thor, Jamestown, New York, for an area variance to construct carport. Property is owned by Shane and Danielle Thor, located at 3604 Mead Road, Jamestown, New York, and known as Section 420.00, Block 1, Lot 31 of the official tax map of the Town of Busti. Property is in the Conservation/Agricultural District. The Board reviewed the balancing test and determined that the benefit to the applicant outweighed any detriment to the neighborhood. Gary Starr made a motion to grant the application of David Thor to construct a carport. A variance of 1 acre is granted for lot size and a variance of 12’ is granted on the side yard. Seconded by Kathy Stedman. All aye. Carried.
Application of Michael Higbee, Jamestown, New York, for an area variance to construct a garage. Property is owned by him, located at 803 Busti Sugar Grove Road, Jamestown, New York, and known as Section 437.06, Block 1, Lot 15 of the official tax map of the Town of Busti. Property is in the Highway Commercial District. 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 Michael Higbee to construct a 24’ x 24’ garage. Variance is granted for one acre lot size. Seconded by Gary Starr. All aye. Carried.
Application of Bree Agett, 1847 Winch Road, Lakewood, New York, for an area variance for a deck. Property is owned by her and known as Section 402.00, Block 1, Lot 19 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. Gary Starr made a motion to grant the application of Bree Agett for a 16’ x 25’ deck. Variance is granted for 100’ lot width and one acre lot size. Seconded by Kathy Stedman. All aye. Carried.
Application of Eric Arnone, 2123 Cedar Brook, Lakewood, New York, for an area variance for a shed. Property is owned by him and known as Section 385.03, Block 1, Lot 25.7.38 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. Kathy Stedman made a motion to grant the application of Eric Arnone for an 8’ x 10’shed. The shed is to be no closer than 5’ to the west side yard boundary and no closer than 5’ to the north (rear) property line. Seconded by Tim Young. All aye. Carried.
Application of Craig and Gayle Rieder, Warren, Pennsylvania for an area variance to construct an addition on property located at 2381 Canal Road, Ashville, New York. Property is owned by them and known as Section 367.20, Block 2, Lots 45, 46, and 47 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. 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 Craig and Gayle Rieder to construct a 15’ x 15’ addition. A variance of 7’ is granted on the road side property boundary, and a variance of .16 acre is granted for lot size. Seconded by Kathy Stedman. All aye. Carried.
Application of Diane Hendrix, Lakewood, New York for an area variance to construct an addition on property located at 24 Loomis Bay Road, Ashville, New York. Property is owned by Thomas Ellert and known as Section 367.15, Block 2, Lot 23 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. 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 Diane Hendrix to construct a 12.5’ x 15’ addition on said property. A variance of 23,600 sq. feet (.86 acre) is granted for lot size and 99’ for lot width. Lot coverage is not to exceed 27%. The addition will be no closer than 5’ on the west side property boundary, no closer than 5’ on the east side property boundary and no closer than 7’4” to the front property boundary. A variance is also granted for a carport to be installed on the property across the road, to be no closer than 5’ to the east property boundary, 5’ to the west property boundary and 5’ to the south property boundary. Seconded by Kathy Stedman. All aye. Carried.
Application of Elizabeth Kaltenbach, 4678 Ashville Road, Ashville, New York for an area variance to install a pool and deck. Property is owned by her and Kenneth Kaltenbach and known as Section 384.11, Block 2, Lot 15 of the official tax map of the Town of Busti. Property is in the Conservation/Residential District. Tim Young made a motion to table the application Elizabeth Kaltenbach until the next Zoning Board of Appeals meeting scheduled for October 24, 2018. Seconded by Gary Starr. All aye. Carried.
Revisiting the application of David Goris, whose application for an area variance to construct a garage on his property known as Section 367.15, Block 2, Lot 30 and located at 17 Loomis Bay Road was granted at the August meeting of the Zoning Board of Appeals. Mr. Goris determined that he would not be able to meet the east side yard setback of 12’ granted in the variance and the garage will actually be 10’ from the boundary. Tim Young made a motion to amend the east side yard variance granted to David Goris on his original application from 12’ to 10’. Seconded by Kathy Stedman. All aye. Carried.
Upon motion made by Tim Young, the meeting was adjourned at 8:25pm.
Respectfully given,
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Susan Huffman, Deputy Town Clerk