Zoning Board of Appeals Minutes
July 28, 2021
Present: Tim Young, Chairman Absent: Bruce Kidder
Gary Starr
Scott Schang
David Josephson
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, July 28, 2021, at 6:30 pm at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following applications:
Application of Roy and Cynthia Fehl, Renfrew, Pennsylvania for an area variance for a roof over an existing deck 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. Mr. Fehl was in attendance and discussed with the Board the proposed roof. 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 Fell for an area variance to put a roof over a deck. The roof will measure 14’ x 16’ and will have gutters. A variance of 7’ is granted on each side property boundary. Variance is also granted for .4 acre for lot size and 55’ for lot width. Seconded by Scott Schang. All aye. Carried.
Application of James Warda, Mars, Pennsylvania for an area variance for a roof over an existing concrete pad on property located at 2440 Lakeside Drive, Ashville, New York. Property is owned by him and known as Section 367.20, Block 4, Lot 32 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. Mr. Warda was in attendance and provided detail of the proposed roof. 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 James Warda for roof over the existing concrete pad. A variance of 13’ from the road is granted. Seconded by Tim Young. All aye. Carried.
Application of Connie Anderson, 1903 Hoag Road, Ashville, New York for an area variance for a carport. Property is in the Conservation/Residential District, owned by her and known as Section 384.18, Block 1, Lot 33 of the official tax map of the Town of Busti. Ms. Anderson was in attendance. 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 Connie Anderson for a carport. A variance of 15’ is granted on the south side property boundary. A variance of 1.04 acres is granted for lot size and 165.3’ for lot width. Seconded by Gary Starr. All aye. Carried.
Application of Ananth Murthy, Akron, Ohio for an area variance for fence height at 2462 Lakeside Drive, Ashville, New York. Property is owned by him and known as Section 367.20, Block 4, Lot 19 of the official tax map of the Town of Busti. Property is in the Multi-Family Residential District. Mr. Murthy was in attendance and explained to the Board that his intent was to put up a six-foot fence. When the fence was installed by the contractor, the panels were placed higher on the posts, resulting in a finished height of approximately 6’9”. A neighbor in attendance questioned the proximity of the fence to the road, and whether it was in the right-of-way, with the Board determining that it was not. 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 motioned to grant the application of Ananth Murthy for a fence height variance of 9 inches. Upon vote called by Chairman Tim Young:
Aye Nay
Tim Young _ X___
Gary Starr X ______
Scott Schang _______ __X___
David Josephson __X___
Motion not carried.
Upon motion made by Tim Young, the meeting was adjourned at 7:15 pm.
Respectfully given,
____________________________
Susan Huffman, Deputy Town Clerk