September 9, 2021
A regular meeting of the Zoning Board of Appeals of the Village of Lakewood, NY, was held September 09, 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 were Deputy Village Clerk Julie C. Toennis and Building Inspector Jeffrey A. Swanson.
APPROVAL OF MINUTES
Motion by William Chandler, seconded by John Jablonski, to approve the minutes of the last meeting of the Zoning Board of Appeals on August 12, 2021.
Adopted: 4 ayes, no nays (Chandler, Drago, Jablonski, Segrue)
MINIMUM LOT WIDTH VARIANCE
SIDE & REAR SET-BACK VARIANCES
327½ EAST TERRACE AVE.
David & Julie Terry, 327½ East Terrace Ave., have submitted an application for minimum lot width, side yard and rear yard set-back variances regarding a proposal to install a “Shade Sail” wall on the lake side of the single family residence at the above address. In accordance with the proposed site plan and related information they are requesting a minimum lot width variance of 50 ft. rather than the required 75 ft., side yard set-back variance of 4.5 ft., rather than the required 8 ft., and rear yard set-back variance of 18 ft., from the lakeshore, rather than the required 50 ft., as prescribed in Section #25-10 (E) [Single-Family Residential (R-1) District] and #25-36 (A) [Lakeshore regulations], of the Village of Lakewood Zoning Law.
Chairman Gary Segrue asked Mrs. Terry if she would briefly explain the reason for the variances she is requesting.
Mrs. Terry said she is very sensitive to the sun and cannot be in it for long periods of time. The Shade Sail is a removable piece of material that they would like to have shade the patio on the lake side of their house.
Chairman Segrue asked Mrs. Terry how the Shade Sail attaches to the structure.
Mrs. Terry said there are brackets on one side of the shade that will attach to the side of the house and posts that hold it up in the corners of the opposite side. Mrs. Terry indicated she will take it down every winter and put it back up in the summers.
ZBA member Louis Drago asked Mrs. Terry if it is like an awning.
Mrs. Terry said it is wood with a square top and legs at the front. She said she has some pictures of it, if anyone would like to see them.
Mr. Drago asked if this is similar to “a dine and fly” with a cloth top.
Mrs. Terry said yes it is. She also indicated that her contractor has already put it up because he was unaware that she needed to file for a permit and he was available much sooner than she thought he would be.
Chairman Segrue mentioned that he could not see it from the road when he drove by. He also asked Building Inspector Jeff Swanson if the request for a variance was due to the structure.
Mr. Swanson said he is not requiring a permit for this because it’s not really a structure in nature. His concern is for the future and the possibility of tarps being placed on the sides, then eventually walls built to make another room. He is not saying Mr. and Mrs. Terry would do that but if they were to sell the house, the next owners might. This was more to err on the side of caution.
Mr. Drago said he would be ok with it as long as the material on top isn’t changed.
ZBA member John Jablonski asked what type of material it is made of and if it is like a canvas.
Mrs. Terry said she wasn’t completely sure what it is made of but is just like canvas.
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 existing minimum lot width variance of 50 ft. rather than the required 75 ft., side yard set-back variance of 4.5 ft. rather than the required 8 ft., and rear yard set-back variance of 18 ft., from the lakeshore, rather than the required 50 ft. This is to be a temporary structure to be removed seasonally and there are to be no sides added whether hard or soft.
Adopted: 4 ayes, no nays. (Chandler, Drago, Jablonski, Segrue)
Julie C. Toennis, Secretary