Zoning Board of Appeals Minutes
April 27, 2022
Present: Tim Young, Chairman Absent: Bruce Kidder
Gary Starr
David Josephson
Scott Schang
A public hearing before the Zoning Board of Appeals of the Town of Busti was held on Wednesday, April 27, 2022, at 6:30 pm at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, to consider the following applications:
Application of Robin M. Johnson, 1691 South Main Street Extension, Jamestown, New York, for an area variance for an addition. Property is owned by her and known as Section 404.01, Block 3, 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 motioned to grant the application of Robin Johnson for a 16’ x 25’ addition and a 12’ x 30’ deck. Seconded by Scott Schang. All aye. Carried.
Application of Edward and Staci Tojek, West Seneca, New York, for an area variance to construct a single-family house at 2393 Lakeside Drive, Ashville, New York. Property is owned by them and known as Section 367.20, Block 3, Lot 45 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 applic0ant outweighed any detriment to the neighborhood. Tim Young motioned to grant the application of Edward and Staci Tojek to construct a single-family house. A variance of 24,000 square feet is granted for lot size and 65’ for lot width. A variance of 29.9’ is granted for the front property boundary and 7.5’ for the rear property boundary. The house will be no closer than 12’ to the east side property boundary and no closer than 5’ to the west side property boundary. Seconded by David Josephson. All aye. Carried.
Application of Mt. Zion Assembly, Jamestown, New York for a special use permit to operate a church 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 2, Lot 7.2 of the official tax map of the Town of Busti. Property is in the Conservation/Residential District. Aaron Viola, representing Mt. Zion Assembly, addressed the Board and gave an overview of the proposed use of the church.
Tim Young motioned to approve the Negative Declaration. Seconded by Scott Schang:
WHEREAS, Mt. Zion Assembly has applied for a Special Use Permit allowing it to operate a church at 3454 Baker Street Extension, which is designated on the Chautauqua County tax map as Section 403.00, Block 2, Lot 7.2, 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 Zoning Board of Appeals hereby issues a Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed use, and authorizes the Chairman to sign Part III of the Environmental Assessment Form accordingly.
All aye. Carried.
Tim Young motioned to grant Mt. Zion Assembly a Special Use Permit to operate a church at 3454 Baker Street Extension. Seconded by Scott Schang:
TOWN OF BUSTI
SPECIAL USE PERMIT
WHEREAS, Mt. Zion Assembly (hereinafter, the “Applicant”) has requested a Special Use Permit pursuant to Section 405-12 of the Town of Busti Zoning Code to operate a church at 3454 Baker Street Extension, which is designated on the Chautauqua County tax map as Section 403.00, Block 2, Lot 7.2, 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 27, 2022 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 for a church (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 Busti 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 after the Applicant approves each provision hereof and agrees to be bound by all the terms herein contained in consideration of the granting of this Special Use Permit.
Dated: April 27, 2022
Vote: Aye Nay
Tim Young X ____
Gary Starr X ____
Scott Schang X ____
David Josephson X ____
Upon motion made by Tim Young, the meeting was adjourned at 7:13pm.
Respectfully given,
____________________________
Susan Huffman, Deputy Town Clerk