Zoning Board of Appeals Minutes
June 26, 2019
Present: Tim Young, Chairman
Douglas Hooper
Scott Schang
Also present: Alex Herlovitch, Jeff Snyder, Ron & Kelly Madden, Greg Wagner, Robert & Darcy Kuhn, Emily Murthy, Nicole Doepp, Steven Tobias, Tod Ingersol, Eugene Blakeslee, Code Enforcement Officer Jeff Swanson
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, June 26, 2019 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 Jeffrey Snyder, Meadville, Pennsylvania for an area variance for a shed on property located at 2328 West Lake Road, Ashville, New York. Property is owned by him and known as Section 384.08, Block 1, Lot 23 of the official tax map of the Town of Busti. Property is in the Lakeshore 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. Doug Hooper made a motion to grant the application of Jeffrey Snyder for a shed. The shed, which is already in place, is to be moved to be no closer than 5’ from west property boundary. Variance is also granted for lot size and lot width. Seconded by Tim Young. All aye. Carried.
Application of Ronald Madden, 3032 Garfield Road, Jamestown, New York, for an area variance to construct a pavilion. Property is owned by him and known as Section 404.01, Block 1, Lot 39 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. Scott Schang made a motion to grant the application of Ronald Madden for a pavilion. Variance is granted for 49’ for lot width. Seconded by Doug Hooper. All aye. Carried.
Application of Alex Herlovitch and Camille Wicher, Depew, New York for an area variance for a deck at 2462 Vukote Road, Ashville, New York. Property is owned by them and known as Section 367.20, Block 1, Lot 12 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. Tim Young made a motion to grant the application of Alex Herlovitch and Camille Wicher for a deck. Variance is granted for 27,500 square feet for lot size, 100’ for lot width, 30% for lot coverage. For the side yard boundaries, the deck is to be 5’ from the north boundary and 5’ from the south boundary, with a walkway 4’ deep from the canal edge allowed to span from the north side to the south side boundaries. The deck must be made to be removeable in case of maintenance needed on the canal. Deck size is 8’ x 20’. Seconded by Scott Schang. All aye. Carried.
Application of Nicole Doepp, 1249 Orr Street, Jamestown, New York, for an area variance for a deck. Property is owned by her and known as Section 420.00, Block 2, Lot 28 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 Nicole Doepp for a deck. Variance is granted for 40’ lot width relief. Seconded by Tim Young. All aye. Carried.
Application of Robert Kuhn, McKees Rocks, Pennsylvania for an area variance for a cement walkway replacement on property owned by him, located at 2418 Keller Road, Ashville, New York and known as Section 367.20, Block 2, Lot 56 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. Scott Schang made a motion to grant the application of Robert Kuhn for a cement walkway replacement with a wood walkway along the canal. Variance is granted for ¼ acre for lot size and 50’ for lot width Side yard setback dimensions will be 0’, as walkway will tie into the neighbors’ walkways on both sides. Walkway is to be designed such that it can be removed in case of maintenance needed on the canal. Seconded by Doug Hooper. All aye. Carried.
Application of Kayla Eddy, 1276 Wellman Road, Ashville, New York, for an area variance for an addition. Property is owned by her and known as Section 418.00, Block 3, Lot 4 of the official tax map of the Town of Busti. Property is in the Conservation/Agricultural 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 Kayla Eddy for a one story 12’ x 42’ addition to the east side of the house. The addition is to be no closer than 20’ to the north side property boundary. A lot width variance of 100’ is granted. Seconded by Tim Young. All aye. Carried.
Application of Greg Wagner, Orchard Park, New York for an area variance for a covered deck at 2460 Lakeside Drive, Ashville, New York. Property is owned by him and known as Section 367.20, Block 4, Lots 20 and 21 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. Tim Young made a motion to grant the application of Greg Wagner for a 10’ x 20’ covered deck on the east side of the property, to be no closer than 5’ to the east property boundary. Variance is granted for 20,752 square feet for lot size, 60’ for lot width, 20’ for the rear yard dimension. Seconded by Scott Schang. All aye. Carried.
Code Enforcement Officer Jeff Swanson approached the Board requesting an interpretation of the Town of Busti Zoning Code regarding whether a property divided by a town, county, or state roadway would be considered a contiguous parcel. Following discussion, the Board unanimously agreed that a property divided by a roadway would not be a contiguous parcel. No official action was taken.
Upon motion made by Tim Young, the meeting was adjourned at 8:36 pm.
Respectfully given,
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Susan Huffman, Deputy Town Clerk