Zoning Board of Appeals Minutes
June 24, 2020
Present: Tim Young, Chairman
Gary Starr
Scott Schang
Bruce Kidder
David Josephson
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, June 24, 2020 at 6:30 pm via video/teleconference at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following applications:
Application of Tim Switaj, 3426 Busti Stillwater Road, Jamestown, New York, for an area variance for a shed. Property is owned by him and known as Section 420.19, Block 1, Lot 24 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. Gary Starr made a motion to grant the application of Tim Switaj for shed. Variance is granted for .4 acres lot size. Seconded by Scott Schang. All aye. Carried.
Application of Kevin Powell, Portland, New York for an area variance to construct a single family house on property located at 2436 Vukote Road, Ashville, New York. Property is owned by him and known as Section 367.20, Block 1, Lot 25 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. Mr. Powell was in attendance via videoconference and noted that the both existing house and garage will be demolished. 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 Kevin Powell to remove an existing house and construct a new house at 2436 Vukote Road. The new house will be 25’ 8” by 35’ 10” and will be no closer than 5’ to the south side boundary line and no closer than 5’ to the north side boundary line. Variances are granted for 26,600 square feet for lot size, 78’ for lot width and 5% for lot coverage. A variance of 41’ is granted on the rear boundary. The existing garage will also be removed and replaced with a 12’ x 20’ shed, in approximately the same area but no closer than 5’ to the boundary lines. Seconded by Scott Schang. All aye. Carried.
Application of Tara Cotter, Jamestown, New York for an area variance to construct a pole building on property owned by her, located at 4374 Fairmount Avenue, Lakewood, New York and known as Section 385.05, Block 4, Lots 65, 66, 67 of the official tax map of the Town of Busti. Property is in the Highway Commercial District. Board member Bruce Kidder recused himself from the review of the application as an interested party. Neighbors of the property were in attendance and expressed concern about water run-off. Town Attorney Joel Seachrist noted that a storm water plan will be required as part of the building permit process, but the Zoning Board of Appeals can make the submission of such plan a condition of approval. 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 Tara Cotter for a pole building. Motion is granted for a .7 acre lot size variance, a 20’ front yard variance, and a 3’ 7” rear yard variance. Ms. Cotter is to submit an adequate storm water/run-off plan as part of the building permit process, working with the Code Enforcement Officer. Seconded by Tim Young.
Tim Young – aye
Gary Starr – aye
Scott Schang – aye
Bruce Kidder – abstain
David Josephson – aye
Carried.
Revisiting the application of Leon and Kathy Kulinski, which was tabled at the previous May 27, 2020 meeting, for an area variance for a shed on property owned by them, located at 9 Loomis Lane, Ashville, New York and known as Section 367.15, Block 2, Lot 41 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. The Kulinskis were in attendance via teleconference and confirmed with the Board that because their driveway is not a fire lane or right-of-way for the other properties on Loomis Lane, the shed could be moved away from the property line. 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 Leon and Kathy Kulinski for a shed, to be no closer than 5’ to the side property line and no closer than 5’ to the existing garage. Variance is also granted for 19,600 square feet for lot size and 81’ for lot width. Seconded by David Josephson. All aye. Carried.
Upon motion made by Tim Young, the meeting was adjourned at 7:23 pm.
Respectfully given,
____________________________
Susan Huffman, Deputy Town Clerk