Zoning Board of Appeals Minutes
September 30, 2020
Present: Tim Young, Chairman
Bruce Kidder
David Josephson
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, September 30, 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 Gordon and Betsy Foe, 1405 Forest Avenue, Jamestown, New York for an area variance for a deck. Property is owned by her and known as Section 404.00, Block 1, Lot 28 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. Tim Young made a motion to grant the application of Gordon and Betsy Foe for a 12’ x 16’ deck. A variance of 1.4 acres is granted for lot size and 59’ for lot width. A variance of 24’ is granted on the north side yard property boundary and on the rear property boundary a variance of 10’ is granted. Seconded by Bruce Kidder. All aye. Carried.
Application of Shirley Ecker, 1945 Hoag Road, Ashville, New York for an area variance for a garage addition. Property is in the Conservation/Residential District, owned by her and known as Section 384.18, Block 1, Lot 37 of the official tax map of the Town of Busti. 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 Shirley Ecker for a 12’ x 24’ lean-to addition on the back of the garage. A variance of .21 acres is granted for lot size and 101’ for lot width. Seconded by Tim Young. All aye. Carried
Application of Alex Herlovitch and Camille Wicher, Depew, New York for an area variance for a second-floor addition and open porch at 2496 Lakeside Drive, Ashville, New York. Property is owned by them and known as Section 367.20, Block 4, Lot 3 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 Alex Herlovitch and Camille Wicher for a second story addition, a porch addition with a balcony over the porch, and a 4’ x 4’6” bump-out for a gas fireplace. A variance of 24,950 square feet is granted for lot size and 87.5’ for lot width. A variance of 37.9’ is granted for the front yard property boundary and a variance of 10’ is granted on the east side yard property boundary. Seconded by David Josephson. All aye. Carried.
Code Enforcement Officer Jeff Swanson submitted the following request to the Board:
Request for interpretation of the code for Section 405-17 LC-Lakeshore Commercial District
In Local Law No. 2 of 2001, Single and Two-family structures are not listed as a use by right or special use in the Lakeshore Commercial District, but the limitations are still listed. In the previous Local Law No. 1 of 1995, Single and Two-family detached residential dwelling units (except mobile homes) are listed as a use permitted by right.
I am asking the Board to interpret whether the intent of the board was to eliminate Single and Two-family residential structures in this district or if it was simply an oversite?
Following discussion, it was the unanimous opinion of the board members present that omitting single and two-family residential dwellings from the list of allowed uses was an oversite and that such dwellings are allowed in the Lakeshore Commercial District. No official action was taken.
Upon motion made by Tim Young, the meeting was adjourned at 7:20 pm.
Respectfully given,
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Susan Huffman, Deputy Town Clerk