Zoning Board of Appeals Minutes
May 27, 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, May 27, 2020 at 6:30 pm via teleconference at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following applications:
Application of Brianne Errett, 2867 Garfield Road, Jamestown, New York, for a renewal of a special use permit to operate a one chair beauty salon. Property is owned by her and known as Section 404.01, Block 3, Lot 25 of the official tax map of the Town of Busti. Property is in the Conservation/Residential District. Ms. Errett was in attendance and stated that no changes have been made in the operation of her business since the last renewal of her permit. Tim Young motioned to renew the special use permit for Brianne Errett to operate a one chair beauty salon. Seconded by Bruce Kidder. All aye. Carried.
Application of Jerome and Lisa Davis, 503 South Avenue, Jamestown, New York, for an area variance to construct a garage. Property is owned by them and known as Section 404.01, Block 2, Lot 16 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 Jerome and Lisa Davis to construct a garage. A side yard variance of 2’ is granted; the garage is to be no closer than 10’ to the side property boundary. A variance of 16.5’ is granted for lot width. Seconded by Gary Starr. All aye. Carried.
Application of Leon and Kathy Kulinski, Oil City, Pennsylvania 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 Board discussed allowing the shed at a minimum distance of 5’ from the side property boundary. The Kulinskis were agreeable to this, but noted concern for vehicle access to their driveway by siting the shed to meet that setback. Gary Starr motioned to table the application Leon and Kathy Kulinski to the next scheduled public hearing before the Zoning Board of Appeals to allow further review of driveway and right-of-way accesses. Seconded by David Josephson. All aye. Carried.
Application of Craig and Gayle Rieder, Warren, Pennsylvania for an area variance to construct a deck and pergola 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 for a variance and determined that the benefit to the applicant outweighed any detriment to the neighborhood. Bruce Kidder made a motion to grant the application of Craig and Gayle Rieder to construct a deck and pergola. A variance of 14,500 square feet is granted for lot area and 25’ for lot width. Seconded by Gary Starr. All aye. Carried.
Application of William Reading, Cleveland, Ohio for an area variance to extend a roofline on an existing house on property located 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. Scott Schang made a motion to grant the application of William Reading to extend the roofline on the existing house over a deck. A variance of 19,000 square feet is granted for lot area, 51’ for lot width, and 5’ on the side yard dimensions. Seconded by Tim Young. All aye. Carried.
Application of Jonathan Winchester, 910 Hunt Road, Lakewood, New York for an area variance to remodel a deck and install an above-ground pool. Property is owned by him and known as Section 385.04, Block 1, Lot 5 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 Jonathan Winchester for an above-ground pool and deck. A variance of 1 acre is granted for lot area and 100’ for lot width. Seconded by Gary Starr. Seconded by Scott Schang. All aye. Carried.
Application of Mathew and Courtney Barron, 2245 Second Avenue, Lakewood, New York for an area variance for an addition to an existing garage. Property is owned by them and known as Section 385.05, Block 6, Lot 17 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. Gary Starr made a motion to grant the application of Mathew and Courtney Barron for an addition to an existing garage, to be no closer than 5’ to the side yard property line. Seconded by Tim Young. All aye. Carried.
Upon motion made by Tim Young, the meeting was adjourned at 7:34 pm.
Respectfully given,
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Susan Huffman, Deputy Town Clerk