OCTOBER 10, 2019
A regular meeting of the Zoning Board of Appeals of the Village of Lakewood, NY, was held October 10, 2019, at 7:00 PM, in the Board Room of the Anthony C. Caprino Municipal Building, 20 W. Summit Street, with Chairman William F. Chandler, presiding. Board members present were Louis S. Drago, Jr., Gary M. Segrue, Phyllis Sorenson, and Jerry Holmes. Also present was Deputy Village Clerk Mary Currie. Absent were Building Inspector Jeff Swanson and Village Clerk Joseph M. Johnson.
APPROVAL OF MINUTES
Motion by Jerry Holmes, seconded by Phyllis Sorenson, to approve the minutes of the last regular meeting of the Zoning Board of Appeals held August 8, 2019.
Adopted: 5 ayes, no nayes (Chandler, Drago, Segrue, Sorenson, Holmes)
MINIMUM LOT WIDTH VARIANCE &
SIDE YARD SET-BACK VARIANCES
235 EAST TERRACE AVE.
Mr. Randy Ridgeway, 323½ East Terrace Ave., has submitted an application for a minimum lot width variance and side yard set-back variances regarding a proposal to construct a second story on the 14.4 ft. x 58 ft. single story residence located at 235 East Terrace Ave. The existing lot is 25.40 ft. wide, rather than the minimum width requirement of 75 ft. Also, in accordance with the proposed site plan, the easterly side yard set-back is 3.57 ft., while the westerly side yard set-back is 7.50 ft., rather than the required 8 ft. as prescribed in Section #25-10, (E), [Single-Family Residential (R-1) District], of the Village of Lakewood Zoning Law.
Chairman William Chandler asked Mr. Ridgeway if he would please explain his request for the variances to the Zoning Board of Appeals.
Mr. Ridgeway began by explaining that he would like to improve the property he owns at 235 E. Terrace Ave. by building a second story which would add a couple more bedrooms. He indicated that he has talked to Building Inspector Jeff Swanson and is aware of all the NYS Building Codes and plans to follow them as dictated.
Mr. Chandler asked if there was anyone in attendance that would care to speak either for or against this proposal by Mr. Ridgeway.
A variety of neighbors were in attendance to speak about the condition of the property which were unrelated on the variance request.
Mr. Gary Chwojdak, owner of 231 & 233 E. Terrace Ave., had a couple questions, such as, what materials will be used and if a second floor would be structurally safe on the existing building.
Mrs. Mary O’Hagan, 237 E. Terrace Ave., indicated that her driveway is only 3 ft. from Mr. Ridgeways property and wondered where the water runoff will go if the roof is higher than it is now? Will it be coming onto her property? Is there a plan for drainage?
Mr. Gary Segrue asked Mr. Ridgeway if there are any architectural plans for his proposal and if a contractor has been hired.
Mr. Ridgeway said he does have a contractor and he does have plans which have already been submitted to Building Inspector Jeff Swanson.
Mr. Ridgeway indicated that the roof line will not be changing and the roof will not be over 30 ft., so the drainage should not change from what it is now.
Motion by Louis S. Drago, seconded by Jerry Holmes, to table the request for set-back variances until sometime in the near future when Building Inspector Jeff Swanson is able to be in attendance with copies of the building plans to further discuss and explore his request.
NOTE: Mr. Segrue asked the people in attendance if they would write down their concerns and submit them to the Zoning Board of Appeals.
Adopted: 5 ayes, no nays (Chandler, Drago, Segrue, Sorenson, Holmes)
MAXIMUM HEIGHT VARIANCE
FOR AN ACCESSORY STRUCTURE
224 SPRUCE STREET
Mr. James L. Johnson, 224 Spruce Street, has submitted an application for a maximum height variance regarding his proposal to construct a new 28 ft. x 28 ft. two-car garage (Accessory Structure) at the above address. Per the drawings as submitted, the proposed height of the new garage will be 14 ft. at the roof’s peak. In accordance with Section #25-45, (D) [Accessory Structures], of the Village of Lakewood Zoning Law, the maximum height of an accessory structure shall not exceed 12 ft.
Zoning Board member Louis Drago asked Mr. Johnson to please explain what his variance request is for.
Mr. Johnson explained that he had razed his one car garage in July and would like to build a two car garage in the same location but a little larger footprint and would like a 14 ft. peak instead of the 12 ft. which is the maximum height allowed. Mr. Johnson said he is requesting the additional 2 ft. so he will be able to store 2 Kayaks & 2 Bicycles from the rafters.
After much discussion on where Mr. Johnson’s previous garage was and the shed that is also on his property, Mr. Drago pointed out that the property is very large so there should be no impact on the neighbors with water runoff.
RECESS
Board member Drago suggested to Chairman Chandler that the Board consider going into Executive Session to discuss the matter further at 7:40 PM.
Chairman Chandler reopened the regular meeting of the Zoning Board of Appeals at 7:45 PM and began to review and answer the questions listed on the area variance findings and decision form.
Motion by Louis Drago, Seconded by Phyllis Sorenson to grant/approve the variance for the 14 ft. roof height at its peak vs. the 12 ft. with the assumption that when the shed was erected in the rear of the property it was in compliance with the Zoning Law at that time.
Adopted: 5 ayes, no nays (Chandler, Drago, Segrue, Sorenson, Holmes)
Meeting Adjourned: 7:59 PM
___________________________
Mary B. Currie
Deputy Village Clerk/Secretary
