Zoning Board of Appeals Minutes
September 25, 2019
Present: Tim Young, Chairman
Douglas Hooper
Scott Schang
Also present: Joe McCooey, Ron and Joanne Kushner, Joe Scorse, Robert J. Finn, Robert Whitman, Code Enforcement Officer Jeff Swanson
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, September 25, 2019 at 7:00 p.m. at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following applications:
Revisiting the application, which was tabled at the previous August 28, 2019 meeting, 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. 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 Ron and Joanne Kushner for a 19’ x 28’ garage. A variance of 13,778 sq. ft is granted for lot size and a variance of 23’ is granted for the roadside (front) boundary. Garage is to be no closer than 5’ to either side yard boundary. Seconded by Douglas Hooper. All aye. Carried.
Application of Joseph McCooey, East Otto, New York for a use variance to have an RV camper on property owned by him, located at 154 Goose Creek Road, Ashville, New York and known as Section 367.19, Block 1, Lot 6 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. Tim Young read through the four tests that must be met for a use variance, with no comment or discussion from the Board. Mr. McCooey left the meeting without comment on the tests. Tim Young made a motion to deny the application of Joseph McCooey for a use variance to have an RV camper on his property. Seconded by Scott Schang. All aye. Carried
Application of Robert Whitman, 2194 Fifth Avenue, Lakewood, New York, for an area variance to construct a storage building. Property is owned by him and is known as Section 384.12, Block 2, Lots 71 and 72 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 Robert Whitman to construct a storage building, to be no closer than 35’ to the rear property boundary. Seconded by Tim Young. All aye. Carried.
Application of Lynette Abbott Bova, 1527 Trask Road, Jamestown, New York, for an area variance for a shed. Property owned by her and known as Section 403.00, Block 2, Lot 61 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. Douglas Hooper made a motion to grant the application of Lynette Abbott Bova for a shed. Relief is granted for .7 acres for lot size. Seconded by Scott Schang. All aye. Carried.
Application of Robert Finn, Venetia, Pennsylvania for an area variance for an addition on property owned by him, located at 10 Loomis Lane, Ashville, New York and known as Section 367.15, Block 2, Lot 40 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. Douglas Hooper made a motion to grant the application of Robert Finn for an addition. Variance is granted for lot size and lot width. The addition will be no wider than the existing structure and is to be no closer than 7’ to either side yard property boundary. Seconded by Tim Young. All aye. Carried.
Application of Mark Miceli, Ashville, New York, for an area variance for a deck on property located at 2108 Cedar Brook, Lakewood, New York. Property is owned by Chaoxin Zheng and Jing Chen and known as Section 385.03, Block 1, Lot 25.7.34 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. Tim Young made a motion to grant the application of Mark Miceli for a low profile, 20’ wide deck on the back of the home, to be no closer than 5’ to the property boundary lines. Seconded by Douglas Hooper. All aye. Carried.
Upon motion made by Tim Young, the meeting was adjourned at 8:20 pm.
Respectfully given,
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Susan Huffman, Deputy Town Clerk