Zoning Board of Appeals Minutes
August 26, 2020
Present: Gary Starr
Scott Schang
Bruce Kidder
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, August 26, 2020 at 6:30 pm at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following applications:
Application of Thomas Mason, 2799 Mitchell Road, Jamestown, New York for an area variance for a shed/garage. Property is owned by him and known as Section 421.00, Block 2, Lot 60 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 Thomas Mason for a pre-fab garage. to be no closer than 7.5’ to the side yard property boundary. Seconded by Bruce Kidder. All aye. Carried.
Application of Donald Rexford, 2232 Big Tree Sugar Grove Road, Lakewood, New York for an area variance for a deck. Property is known as Section 385.00, Block 1, Lot 8 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. Bruce Kidder made a motion to grant the application of Donald Rexford for a deck. to be no closer than 10’ to the side yard property boundary . Seconded by Scott Schang. All aye. Carried.
Application of Kayla Swanson, 1276 Wellman Road, Ashville, New York, for an area variance for a deck. 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. Gary Starr made a motion to grant the application of Kayla Swanson for a deck. to be no closer than 10’ to the side yard property boundary Seconded by Bruce Kidder. All aye. Carried.
Application of Carl Reiss, 1007 Hunt Road, Lakewood, New York for an area variance for a deck. Property is owned by him and is known as Section 385.03, Block 2, Lot 14 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 Carl Reiss for a deck . Variance is granted for lot size. Seconded by Scott Schang. All aye. Carried.
Application of Douglas Peterson, 1444 Trask Road, Jamestown, New York for an area variance for a garage addition. Property is owned by him and known as Section 403.00, Block 2, Lot 35 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 Douglas Peterson for a garage addition . to be no closer than 5’ on the west side property boundary. Seconded by Bruce Kidder. All aye. Carried.
Application of Douglas Morris, 96 Coleman Road, Jamestown, New York for an area variance to add a lean-to to an existing garage. Property is owned by him and known as Section 455.00, Block 1, Lot 32 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. Bruce Kidder made a motion to grant the application of Douglas Morris to add a lean-to an existing garage . to be no closer than 15’ on the south side property boundary. Seconded by Scott Schang. All aye. Carried.
Application of Steve and Carol Pikna, Oil City, PA for an area variance for a deck on property located at 11 Loomis Lane, Ashville, New York. Property is owned by them and known as Section 367.15, Block 2, Lot 39 of the official tax map of the Town of Busti and 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 Steve and Carol Pikna for a deck . to be no closer than 14’ on the west side property boundary and no closer than 6’ on the east side property boundary. Seconded by Scott Schang. All aye. Carried.
Application of Steven Ryan and Jennifer Nelson Curry, 2244 2nd Avenue, Lakewood, New York for an area variance to construct a single family house. Property is owned by them and known as Section 385.05, Block 5, Lot 79 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 Steven Ryan and Jennifer Nelson Curry to construct a single family house. The house is to be no closer than 27’ to the road, granting a front yard variance of 23’. Seconded by Scott Schang. All aye. Carried.
Application of Ilmar Filhaber, 3740 Baker Street Extension, Lakewood, New York for an area variance for a deck. Property is known as Section 403.00, Block 9, Lot 1 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 Ilmar Filhaber for a 12’ x 20’ deck. An east side yard variance of 10’ is granted. Seconded by Dave Josephson. All aye. Carried.
Application of Timothy Hajduk, Strongsville, Ohio for an area variance to raise a garage roof and enlarge a deck on property located at 2440 Keller Road, Ashville, New York. Property is owned by him and known as Section 367.20, Block 2, Lots 17, 18 and 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. Tim Young made a motion to grant the application of Timothy Hajduk to raise the roof on an existing garage and enlarge a deck. Variances are granted for 24,600 square feet for lot size, 59.5’ for lot width and 15% for lot coverage. A variance of 25’ is granted on the front yard boundary, 8’4” on the north side yard boundary, 6” on the south side yard boundary, and 36’9” on the rear boundary. Seconded by Gary Starr. All aye. Carried.
Application of Roy and Cynthia Fehl, Renfrew, Pennsylvania for an area variance for an addition on property located at 2328 West Lake Road, Ashville, New York. Property is owned by them 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. Tim Young made a motion to grant the application of Roy and Cynthia Fehl to add a second story to the living area with a 14’ addition, which is to be no closer than 5’ to either side yard boundary, and a deck, also to be no closer than 5’ to the side yard property boundaries. A 25’ variance is granted for lot width. Seconded by Scott Schang. All aye. Carried.
Upon motion made by Tim Young, the meeting was adjourned at 7:31 pm.
Respectfully given,
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Susan Huffman, Deputy Town Clerk