DRAFT
OCTOBER 13, 2022
A regular meeting of the Zoning Board of Appeals/Planning Board of the Village of Lakewood, NY, was held October 13, 2022 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, John Jablonski and Jack McCray. Also present were Building Inspector Jeff Swanson and Village Clerk Mary Currie.
APPROVAL OF MINUTES
Motion by Jack McCray, seconded by William Chandler, to approve the minutes of the last meeting of the Zoning Board of Appeals on September 8, 2022.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
SIDE & REAR YARD SET-BACK VARIANCES
30 SUNSET AVE.
Mr. Ray Norton, 30 Sunset Ave., has submitted an application for side yard and rear yard set-back variances regarding a proposal to install a black aluminum fence for the purpose of confining his dogs to his yard at the address above. The proposed site plan indicates a side yard set-back of 0 ft., rather than the required 2 ft., and a rear yard set-back of 0 ft., rather than the required 10 ft., all 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. Norton if he would explain the reasons for his request.
Mr. Norton said his backyard is small and he has several dogs that occasionally get out the back door. He said he would like to install an aluminum, black painted puppy fence around his back yard in hopes of containing them in his yard.
Mr. Norton indicated he would like the fence to run from the left side of the back door, between the house and garage, across his rear property line and approximately two thirds of the way up his northerly property line to the house. He said he would not install it right along the property line but would like to just inside the line.
Mr. Segrue said Mr. & Mrs. Edward McCague, 12 Park Lane and Ms. Carrie Cadwell Brown, 22 Sunset Ave., submitted letters stating they have no objection with Mr. Norton’s request. He said DPW Supervisor Thomas Pilling also submitted a letter stating the placement of the fence along the rear property line should not interfere with street maintenance along Park Lane.
Mr. Louis Drago asked about the swing set in the backyard and where it will be in relationship to the fence.
Mr. Norton said the swing set right now protrudes about 2 ft. onto the McCague property and still will once the fence is up. He said the plans are to eventually move the swing set, whether it is to another location in his yard or another property, but wasn’t sure at this time.
Mr. Drago asked if granting this variance, would it be for this owner only or carry over to any subsequent owner of the property.
Building Inspector Jeff Swanson said the variance is granted to the property, not the owner, therefore it would be considered a pre-existing condition, such as the swing set is.
Mr. Segrue asked if there is anyone present that would like to speak for or against this project.
Ms. Katherine Gradel, 65 West Summit St., said she lives right around the corner and indicated she is in support of the project, she said she likes to see houses in the neighborhood well maintained and also animals contained.
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, seconded by John Jablonski, to approve the following variances, as requested, allowing a 5 ft. black aluminum fence to be installed at 30 Sunset Ave. Side yard set-back variance of 0 ft., rather than the required 2 ft. and rear yard set-back variance of 0 ft. rather than the required 10 ft. The fence is not to be installed exactly on the property line but may be just inside it. The timeframe to be completed is within one year of time of approval and must meet all New Year State building codes.
Adopted: 5 ayes, no nay (Chandler, Drago, Jablonski, McCray, Segrue)
SIDE YARD SET-BACK VARIANCE
4 MARI LANE
Ms. Penelope R. Miller, 4 Mari Lane, Lakewood, has submitted an application for side yard set-back variance regarding a 6 ft. vinyl fence to be installed at the address above. In accordance with the proposed site plan and related information, Ms. Miller is requesting a side yard set-back variance of 0 ft., rather than the required 2 ft., as prescribed in Section #25-10 [Single Family Residential (R-1) District] of the Village of Lakewood Zoning Law.
Mr. Segrue asked Ms. Miller if she would explain the reasons for her request.
Ms. Miller said she would like to install a 6 ft. vinyl fence along the sides and rear of her property so she can keep her dog on her property and the deer out. She said she will need a side yard set-back variance of 0 ft. along the northerly property line and indicated she will not install it along the property line but would like to just inside of it. She said that will still leave approximately 2 ft. between her new fence and the neighbors existing fence.
Ms. Miller also said she will have 2 gates installed, one on the north side and another on the south side, where the fence will meet the house.
Mr. Segrue asked Ms. Miller if the fence will be flush with the shed.
Ms. Miller said it will be going across the back of the property and then about 2 ft. to the edge of the shed. It will pick it up again from the shed and run along the side of the house, squaring it off about 14 ft. from the house.
Mr. Jablonski asked Ms. Miller what the top of the fence will be like.
Ms. Miller said it will be flat along the top.
Mr. Segrue said the neighbor to the north side of Ms. Miller’s property submitted a letter indicating they have no objection to the 6 ft. fence being installed.
Mr. Segrue asked if there is anyone present that 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, seconded by Jack McCray, to approve the variance requested by Ms. Miller to install a 6 ft. vinyl fence along the northerly property line at 4 Mari Lane. Side yard set-back variance of 0 ft., rather than the required 2 ft. and is not to be installed exactly along the property line but may be just inside it. The timeframe to be completed is within one year of time of approval and must meet all New Year State building codes.
Adopted: 5 ayes, no nay (Chandler, Drago, Jablonski, McCray, Segrue)
MINIMUM LOT WIDTH VARIANCE
SIDE YARD SET-BACK VARIANCE
253 EAST TERRACE AVE.
Stone Terrace Lake Homes, LLC, owner of 253 East Terrace Ave., has submitted an application to construct two (2) additions and a covered deck on the residence above. The proposed site plan indicates a minimum lot width of 45 ft., rather than the required 75 ft., requesting a 30 ft. variance and side yard set-back, on the east side, of 5 ft., rather than the required 10 ft., requesting a 3 ft. variance, all as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District], of the Village of Lakewood Zoning Law.
Mr. Segrue asked Mr. Branden Maggio, Stone Hill 716, LLC, contractor for the project, if he would explain the reasons for this request.
Mr. Maggio said the owners of 253 E. Terrace Ave. would like to construct an addition that will extend towards the road by approximately 10 ft. which will increase the kitchen size and also an addition underneath an already existing second floor overhang, which will increase the living room. He said he will also construct a covered deck off the north side of the house and indicated none of the additions will extend further than what the floor plan currently is. He said the set-back to the lake shore will still be 53 ft., therefore it should not obstruct the view of the lake for any of the neighbors. Mr. Maggio said he had a conversation with the next door neighbor, Mr. Brian Stump, who indicated to him that he does not have a problem with what they are requesting.
Mr. Maggio said the plan is to square off the east side of the house but not to extend the floorplan any closer than it currently is. He also said he will not be adding any bedrooms to the house so there shouldn’t be any need for extra parking or change the traffic flow to the residence.
Mr. Maggio said the owners are from Ohio and plan to use the home primarily for themselves but occasionally could Airbnb it.
Mr. Segrue asked if there is anyone present that would like to speak for or against this project.
Mr. Ken Wray, 265 E. Terrace Ave., said he is all for the project and very happy they are helping to improve the neighborhood. He said he also talked with Mr. Stump who indicated to him that he approved with what they would like to do.
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, seconded by John Jablonski, to approve the requested variances which are typical to lakeside property. Minimum lot width variance of 30 ft., rather than the required 75 ft., side yard set-back variance of 3 ft., on the east side, rather than the required 8 ft. Construction is to be completed within 12 months of approval and built according to New York State Building Code.
Adopted: 5 ayes, no nay (Chandler, Drago, Jablonski, McCray, Segrue)
MINIMUM LOT WIDTH VARIANCE
SIDE YARD SET-BACK VARIANCE
315 EAST TERRACE AVE.
Ms. Mary Beth Conklin, owner of 315 E. Terrace Ave., has submitted an application for minimum lot width and side yard set-back variances regarding her desire to construct a 24 ft. x 18 ft. deck at the address above. In accordance with the proposed site plan and related information she is requesting a minimum lot width variance of 50 ft., rather than the required 75 ft., side yard set-back variance of 3.7 ft. on the east side and 5.9 ft. on the west side, rather than the required 8ft., as prescribed in Section #25-10 [Single Family Residential (R-1) District] of the Village of Lakewood Zoning Law.
Mr. Segrue asked Mr. Chad Rendel, Jamestown, NY, contractor for the project, if he would explain the reasons for Ms. Conklin’s request.
Mr. Rendel said Ms. Conklin would like to add a hot tub to her existing open deck, extend the deck by approximately 4 ft. on the north side, towards the lake and add a few steps.
Mr. Segrue asked how far from the lake the deck will be and how consistent it will be with the neighboring properties once the deck is complete.
Mr. Rendel said the deck will remain approximately 78 ft. from the lake shore.
Mr. Swanson said they will be staying right in line with the neighboring houses.
Mr. Segrue asked if there is anyone present that 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, seconded by Jack McCray, to approve the following variances requested by Ms. Conklin to construct a 24 ft. x 18 ft. open deck on the north side of her property at 253 E. Terrace Ave. Minimum lot width variance of 50 ft. rather than the required 75 ft., side yard set-back variance of 3.7 ft., on the east side and side yard set-back variance of 5.9 ft. on the west side, rather than the required 8ft. Construction is to be completed within 12 months of approval and built according to New York State Building Codes.
Adopted: 5 ayes, no nay (Chandler, Drago, Jablonski, McCray, Segrue)
Mr. Jablonski asked Mr. Swanson if he has been involved with the Short Term Rental committee meetings and if the Planning Board will be consulted with the process and of how things are going.
Mr. Swanson said he has not been to any meetings but thinks before anything is passed the Planning Board should have a major say in it, since they will be the ones hearing the requests for Special Use Permits.
Trustee Ellen Barnes said there is a committee but it is still in the early stages and has only met once. She also said she believes someone from the Planning Board should serve on the committee and indicated she would speak with the Mayor about it.
Motion by Jack McCray, seconded by John Jablonski to adjourn the regular meeting of the Zoning Board of Appeals at 7:11 PM.
5 ayes, no nays (Chandler, Drago, Jablonski, McCray, Segrue)
_______________________________
Mary B. Currie, Secretary
