Zoning Board of Appeals Minutes
August 28, 2019
Present: Tim Young, Chairman
Douglas Hooper
Gary Starr
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, August 28, 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 Busti Church of God, 996 Forest Avenue, Jamestown, New York for renewal of a special use permit for a generator. Property is owned by them and known as Section 420.00, Block 3, Lot 37 of the official tax map of the Town of Busti. Property is in the Conservation/Agricultural District. Roy Ferguson, representing Busti Church of God, was in attendance and noted that there have been no changes in the use and operation of the generator. He did note that, as an improvement, shrubs have been planted to create a privacy screen. Doug Hooper made a motion to grant the application of Busti Church of God for renewal of a special use permit for a generator. The permit is open-ended and will remain valid indefinitely unless there is a violation of or change to the terms of the permit. Seconded by Gary Starr. All aye. Carried.
Application of James Boland, 2131 Southwestern Drive, Lakewood, New York, for an area variance for a garage addition. Property is owned by him and known as Section 386.00, Block 1, Lot 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 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 James Boland for a 16’ x 18’ one-story addition to the back of an existing garage. A variance of 26’ is granted for lot width. Seconded by Gary Starr. All aye. Carried.
Application of Joe Polansky, Greensburg, Pennsylvania for an area variance for a side covered porch on property owned by him, located at 2472 Vukote Road, Ashville, New York and known as Section 367.20, Block 1, Lots 7 and 8 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. Doug Hooper made a motion to grant the application of Joe Polansky for a 12’ x 28’ covered porch and deck. It will be 16’ from the south side boundary and 20’ from the canal. Variances are also granted for lot size, lot width and lot coverage. Seconded by Tim Young. All aye. Carried.
Application of Lawrence Rejman, Buffalo, New York, for an area variance for a carport on property owned by him, located at 128 Goose Creek Road, Ashville, New York and known as Section 367.19, Block 1, Lot 19 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. Gary Starr made a motion to grant the application of Lawrence Rejman for a 12’ x 31’ open-style carport. Variance is granted for 25,000 square feet for lot size, 86’ for lot width, 6.64% for lot coverage, 27’ for the front yard dimension. The carport is to be no closer than 5’ to the north side property boundary. Seconded by Tim Young. All aye. Carried.
Application of Ron and Joanne Kushner, Oil City, Pennsylvania, for an area variance to replace a garage on property owned by them, located at 8 Loomis Lane, Ashville, New York and known as Section 367.15, Block 2, Lot 42 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. Tim Young made a motion to table the application of Ron and Joanne Kushner until the next meeting, scheduled for September 25, 2019. Seconded by Gary Starr. All aye. Carried.
Revisiting the application, which was tabled at the previous July 24, 2019 meeting, of Jennifer Wiltsie, 2477 Lakeside Drive, Ashville, New York for an area variance for a garage. Property is owned by her and known as Section 367.20, Block 3, Lot 7 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. Doug Hooper made a motion to grant the application of Jennifer Wiltsie for a 10’6” x 24’ wooden structure. It will be no closer than 5’ to the east side property boundary, and no closer than 45’ to the canal. Variances are also granted for 26,300 square feet for lot size and 85’ for lot width. Seconded by Tim Young. All aye. Carried.
Revisiting the application, which was tabled at the previous July 24, 2019 meeting, of William Reading, Cleveland, Ohio for an area variance to relocate and replace a garage at 42 Loomis Bay Road, Ashville, New York. Property is owned by him and known as Section 367.15, Block 2, Lot 7 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 William Reading for a 12’ 6” x 24’ one-story garage, to be no closer than 5’ to the west side property boundary. The garage will be 22’ from the road and 5’5” from the rear boundary. Variance is granted for 26,400 square feet for lot size and 53’ for lot width. Seconded by Gary Starr. All aye. Carried.
Upon motion made by Doug Hooper, the meeting was adjourned at 8:20 pm.
Respectfully given,
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Susan Huffman, Deputy Town Clerk