Zoning Board of Appeals Minutes
April 28, 2021
Present: Tim Young, Chairman Absent: Scott Schang
Bruce Kidder
David Josephson
Gary Starr
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, April 28, 2021 at 6:30 pm in-person and via video/teleconference at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, where the following applications were considered:
Revisiting the application of Dallas Scherrer, Washington, Pennsylvania, which was tabled at the March 24, 2021 meeting. Application of Dallas Scherrer, Washington, Pennsylvania, for an area variance for an addition on property owned by him, located at 102 Creekside Lane, Ashville, New York and known as Section 367.15, Block 2, Lot 68 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. The home is located in both the Town of Busti and the Town of North Harmony. However, the addition is located in the Town of Busti. Roy Scherrer was in attendance and explained that the addition is already built and there are issues with the construction as well as with the contractor not getting the required permits. CEO Jeff Swanson has been to the site and verified there are multiple building code violations which will be addressed prior to issuing a building permit. The Board reviewed the balancing test for a variance and determined that the benefit to the applicant outweighed the detriment to the neighborhood. Tim Young moved to grant the application of Dallas Scherrer. The one-story addition is 18’ x 30.2’, the northeast corner should not be any closer than 3.7’ to the property boundary and the northwest corner should not be any closer than 4.5’ to the property boundary, it should not be any closer than 10’ to the south property boundary. Variance is also granted for lot width (40 ft) and lot size (5,110 sq ft). Seconded by Dave Josephson. Tim Young, Bruce Kidder, and Dave Josephson – aye; Gary Starr – abstain. Carried.
Application of Tivadar Lukacs, Brunswick, Ohio for an area variance to construct a deck on property owned by him, located at 4404 West Fairmount Avenue, Lakewood, New York and known as Section 385.05, Block 4, Lot 8 of the official tax map of the Town of Busti. Property is in the Conservation/Residential District. Mr. and Mrs. Lukacs virtually attended the meeting and discussed the construction of the deck. The Board reviewed the balancing test for a variance and determined that the benefit to the applicant outweighed the detriment to the neighborhood. Bruce Kidder moved to grant the application of Tivadar Lukacs. The deck will wrap around the existing house on the south and west sides with no roof cover and should be no closer than 5’ to the east and south property boundaries. Variance is also granted for lot width (50 ft). Seconded by Dave Josephson. All aye. Carried.
Application of Charles Thurber, 2504 Lakeside Drive, Ashville, New York for an area variance for an addition. Property is owned by him and known as Section 367.15, Block 2, Lot 49 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. Mr. Thurber was not present. The Board reviewed the balancing test for a variance and determined that the benefit to the applicant outweighed the detriment to the neighborhood. Tim Young moved to grant the application of Charles Thurber. The addition will be constructed above the existing 14’ x 20’ 3” garage and will be no closer than 15’ to the road and no closer than 15’ to the west property boundary. Variance is also granted for lot area (7,500 sq ft) and lot width (50 ft). Seconded by Dave Josephson. All aye. Carried.
Application of Eric Nedreberg, Jasper, Indiana for a special use permit for a camp on property owned by him, located on Lawson Road, Jamestown, New York and known as Section 435.00, Block 2, Lot 27 of the official tax map of the Town of Busti. Property is in the Conservation/Agricultural District. Mr. Nedreberg was present and discussed the purpose of the camp.
RESOLUTION
Moved by Bruce Kidder, seconded by Tim Young:
WHEREAS, Eric Nedreberg (hereinafter, the “Applicant”) has submitted an application to construct and use a camp on a parcel owned by him on Lawson Road that is designated on the Chautauqua County tax map as Section 435.00, Block 2, Lot 27, and
WHEREAS, the proposed use has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a short Environmental Assessment Form, and
WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed use, and
WHEREAS, the Zoning Board of Appeals has determined that the proposed use will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the ZBA hereby approves Parts I and II of the Environmental Assessment Form, issues the attached Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed use, and authorizes the Chairman to complete and sign the Environmental Assessment Form accordingly.
All aye. Carried.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
To consider the application of Eric Nedreberg for a Special Use Permit to construct a camp on a parcel owned by him on Lawson Road that is designated on the Chautauqua County tax map as Section 435.00, Block 2, Lot 27.
Resolution moved by: Gary Starr
Seconded by: Tim Young
WHEREAS, Eric Nedreberg (hereinafter, the “Applicant”) has requested a Special Use Permit authorizing him to construct and use a camp on a parcel owned by him on Lawson Road that is designated on the Chautauqua County tax map as Section 435.00, Block 2, Lot 27, and
WHEREAS, a camp is a permitted use in the Conservation-Agricultural District by special use permit but subject to site plan review by the Planning Board, pursuant to Section 405-13(C) of the Town of Busti Zoning Code; and
WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been
addressed, and a Negative Declaration has been issued after examination of the record and a public
hearing, and
WHEREAS, the Zoning Board of Appeals has considered all the facts and papers before it, and has heard
those wishing to be heard at a public hearing held April 28, 2021 and finds justification to approve the
application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application for a Special Use Permit to construct and use
a camp (the “Use”), be and hereby is authorized and approved subject to the conditions and
requirements hereinafter set out:
- The Applicant shall undertake the Use in accordance with application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application, the conditions of this permit, and the Town of Busti Zoning Code.
- The terms, conditions, and requirements of this permit bind and obligate the Applicant, his successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written consent of the Town, except as otherwise herein noted.
- Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Westfield Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.
- This Special Use Permit shall become effective (a) after the Town of Busti Planning Board completes site plan review and approves the said site plan, and (b) after the Applicant approves each and every provision hereof and agree to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit. The Special Use Permit granted herein shall be null and void if the Planning Board rejects the proposed site plan.
Dated: April 28, 2021
Vote: Aye Nay
Tim Young X _____
Gary Starr X _____
Bruce Kidder X _____
Dave Josephson X _____
* * * * * *
The Applicant, Eric Nedreberg, agrees to abide by all the terms of this Special Use Permit.
Dated: April 28, 2021
_______________________________________
Eric Nedreberg
Application of Travis Faulk, Jamestown, New York for a use variance to operate an automotive sales business on property located at 3454 Baker Street Extension, Jamestown, New York. Property is owned by West Jamestown New York and known as Section 403.00, Block 4, Lot 7.2 of the official tax map of the Town of Busti. Property is in the Conservation/Residential District. Mr. Faulk was present along with his father, Denny Faulk. Denny Faulk explained the plans to use the said property as a Museum of Collector Automobiles. The museum would be open for limited hours and by appointment only; the vehicles on display will be for sale and the inventory would be ever changing. Also present were neighboring property owners: Samuel Gullotti, Gerald Kemp, Sebastian Montagna, and Calvin Cedarquist who all spoke in opposition of the Use Variance Application. The Board reviewed the balancing test for a use variance and determined that the applicant has failed to prove unnecessary hardship through the application of the four tests required by the state statutes.
Record of Vote
Member Name Aye Nay
Chair Tim Young X
Member Gary Starr X
Member Bruce Kidder X
Member Dave Josephson X
Upon motion made by Tim Young, seconded by Bruce Kidder, the meeting was adjourned
at 8:00 pm.
Respectfully given,
____________________________
Darlene H. Nygren, Town Clerk