JUNE 10, 2021
A regular meeting of the Zoning Board of Appeals of the Village of Lakewood, NY, was held June 10, 2021 at 6:30 PM, in the Board Room of the Anthony C. Caprino Municipal Building, 20 W. Summit Street, with Chairman Gary M. Segrue, presiding. Board members present were William F. Chandler, Louis S. Drago, Jr. and John Jablonski. Also present was Village Clerk Mary B. Currie. Absent was Building Inspector Jeffrey A. Swanson.
APPROVAL OF MINUTES
Motion by William F. Chandler, seconded by John Jablonski, to approve the minutes of the last meeting of the Zoning Board of Appeals on May 13, 2021.
Adopted: 4 ayes, no nays (Chandler, Drago, Jablonski, Segrue)
MINIMUM LOT WIDTH VARIANCE
15 CLARK ST.
Mr. Jose Rojas, 15 Clark St., has submitted an application for a minimum lot width variance regarding his desire to construct an 8 ft. x 12 ft. deck to the rear of his home at the above address. The proposed site plan indicates a minimum lot width of 50 ft. rather than the required 75 ft., as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District], of the Village of Lakewood Zoning Law.
Chairman Gary M. Segrue asked Mr. Rojas if he would briefly explain the reason for the variance he is requesting this evening.
Mr. Bob Williams, Sinclairville, NY, contractor for the project said he will be building an 8 ft. x 12 ft. deck onto the rear of Mr. Rojas house and said he will not be going beyond the existing set-backs of the house. He indicated Mr. Rojas’ lot is 50 ft. wide and per Village Code, the minimum lot width required on which to build is 75 ft. Mr. Rojas will therefore need a variance to build the deck as proposed.
Chairman Segrue asked if there was anyone present who would like to speak for or against this project.
With no additional comments or questions, Chairman Segrue and members of the Zoning Board of Appeals proceeded to review and answer the questions posed on the area variance findings and decision form.
Motion by Louis S. Drago, Jr., seconded by William F. Chandler, to approve the lot width variance of 25 ft. wherein the contractor will be allowed to construct an 8 ft. x 12 ft. deck at the above address having a lot width of 50 ft. rather than the required 75 ft. The construction is to meet state minimums and be complete within twelve months from date of approval.
Adopted: 4 ayes, no nays. (Chandler, Drago, Jablonski, Segrue)
FRONT YARD SET-BACK VARIANCE
SIGN SIZE & DISTANCE VARIANCE
141 CHAUTAUQUA AVE.
Ms. Danielle Devine., 141 Chautauqua Ave., has submitted an application for a front yard set-back variance regarding her desire to place an awning approximately 6 inches over the westerly property boundary and a sign size and distance variance for a 4 ft. x 4 ft. hanging sign to be placed on an existing beam on the northerly side of the building. The proposed site plan indicates a front yard set-back of .12 ft. rather than the required 10 ft., and sign size and distance to exceed 12 inches as prescribed in Section #25-49, (a & d), [Signs], of the Village of Lakewood Zoning Law.
Chairman Gary M. Segrue asked Ms. Devine if she would briefly explain the reason for the variances she is requesting.
Ms. Devine said she would like to place a hanging awning with a four leaf clover design over the main entrance to the building off Chautauqua Ave. Also, she would like to place a sign with the four leaf clover on an existing beam, which is on the north side of the building. She said right now there are three (3) businesses on the main floor and there are plans to have two (2) apartments on the second floor. The signs would be for aesthetic purposes making the building recognizable.
Chairman Segrue asked what the need is for the awning to go 6 inches over the property boundary line and what the proposed size of the awning is.
Ms. Devine said there isn’t really a need for it as far as functionality, it is more for aesthetics and she would be willing to change her initial plans for the awning if that is what the Zoning Board of Appeals would prefer.
Mr. Louis S. Drago asked if she plans on having the awning at least 7 ft. above the ground level.
Ms. Devine said it will definitely be well above the door way.
Mr. Drago asked if the sign to be hung on the beam over E. Second St. would be high enough for people to walk under without hitting their heads.
Ms. Devine said it will be high enough, that should never be a problem.
Chairman Segrue asked if there was anyone present who would like to speak for or against this project.
With no additional comments or questions, Chairman Segrue and members of the Zoning Board of Appeals proceeded to review and answer the questions posed on the area variance findings and decision form.
Motion by Louis S. Drago, Jr., seconded by John Jablonski, to approve the awning to be placed over the front door entrance and to extend no more than 12 inches over the public sidewalk. Also approve a 4 ft. x 4 ft. sign to hang off the existing beam on the north side of the building and to be more than 10 ft. from the ground and permit a third sign on the south side exterior wall of the building. Construction is to be complete within 12 months of approval. The members of the Zoning Board of Appeals recommend approaching the Board of Trustees asking for permission to trim the trees in front of the building, not having them removed.
Adopted: 4 ayes, no nays. (Chandler, Drago, Jablonski, Segrue)
MAXIMUM NUMBER OF SIGNS
318 EAST FAIRMOUNT AVE.
East West Sign Group, 22 Bloomsbury Ave., Catonsville, MD, sign contractor for Ollie’s, has submitted an area variance application requesting a total of three (3) signs to be place on the outside of the leased space at the Chautauqua Mall, 318 E. Fairmount Ave. The proposed site plan indicates two (2) signs will be placed on the building and one (1) to be added to the existing road side sign. As prescribed in Section #25-49, (D), [Signs], of the Village of Lakewood Zoning Law, the maximum signs allowed in the B-2 [Highway Business District] are two (2).
Chairman Gary M. Segrue said East West Sign Group is requesting a variance for the number of signs for the new Ollie’s store coming to the Chautauqua Mall. He said they will be communicating this evening on the phone with Mr. Jeff Rives, owner of East West Sign Group, Catonsville, MD.
Chairman Segrue asked Mr. Jeff Rives if he would briefly offer a few details of what the sign company is requesting.
Mr. Rives said his company generally does all of the signs for the Ollie’s stores. Ollie’s leases large spaces and typically are slightly off the street so they have large signs placed on the buildings.
ZBA member John Jablonski said he thinks the Chautauqua Mall’s free standing sign is a non-conforming sign and should be down sized. He doesn’t like the yellow background they are requesting and thinks the “Ollie’s” font should be at least the same size or smaller than the “Chautauqua Mall” font, currently on the sign.
Mr. Louis S. Drago asked if it is a request of the Chautauqua Mall or the Ollie’s Store to place a sign on the free standing sign and who is responsible for the sign.
Mr. William F. Chandler asked Mr. Rives if he would explain the reason for the large size of the signs.
Mr. Rives said typically Ollie’s likes to have their signs be a percentage of the side of the building their signs are to be placed. He said his company has had a conversation with Building Inspector Swanson and the signs they are proposing are within village code.
Mr. Jablonski said he would like to limit the size of the font on the main sign and identify that it is a non-conforming sign. He would also like to have the background of the sign match the fascia of the signs on the building to reduce the aesthetic impact to the environment.
Mr. Rives said the yellow background is Ollie’s standard because it is eye catching, they have it everywhere but if that is an issue they will change it.
Mr. Drago asked Mr. Rives if he thought Ollie’s would consider having the background of the Pylon sign be beige match the signs on the building and bring the font size down to match the font of “Chautauqua Mall” that is on sign now.
Mr. Rives said he thinks a white background with red lettering would be better than beige and whatever the jurisdiction approves they will be fine with.
Mr. Rives e-mailed a reduced size, color and font from the original proposal for the board to see what it would look like.
With no additional comments or questions, Chairman Segrue and members of the Zoning Board of Appeals proceeded to review and answer the questions posed on the area variance findings and decision form.
The letter received from the Chautauqua County Department of Planning and Development, dated June 9, 2021, for the Municipal Zoning Referral submitted by the Village of Lakewood regarding this area variance for signage was respectfully submitted by Mr. Matthew Bourke, Senior Planner, which said he has reviewed the pertinent inter-community and county-wide considerations with respect to the proposal and its effect on the relevant concerns that are listed under General Municipal Law 239-m. Based on this review he finds that the proposed action would have no significant county-wide or inter-community impact and the proposal would be a matter of local concern.
Motion by Louis S. Drago Jr. seconded by John Jablonski, to approve the variance as requested for the three (3) signs for East West Sign Group, on behalf of Ollie’s Store. The common mall sign is to have a white background with the letters not to exceed the height of the letters that say “Chautauqua Mall” using the letter “O” as the base of the size and the size of all three (3) signs are to have the approval of Code Enforcement Officer Jeff Swanson.
Adopted: 4 ayes, no nays. (Chandler, Drago, Jablonski, Segrue)
Motion by John Jablonski, seconded by Louis Drago, to adjourn the regular meeting of the Zoning Board of Appeals at 7:49 PM.
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Mary B. Currie, Secretary
