JUNE 11, 2020
A regular meeting of the Zoning Board of Appeals of the Village of Lakewood, NY, was held June 11, 2020, at 7:00 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., Phyllis Sorensen, and Jerry Holmes. Also present were Village Clerk Mary B. Currie and Building Inspector Jeffrey A. Swanson.
APPROVAL OF MINUTES
Motion by Louis S. Drago, seconded by William F. Chandler, to approve the minutes of the last meeting of the Zoning Board of Appeals held March 19, 2020.
Adopted: 5 ayes, no nays (Segrue, Chandler, Drago, Sorensen, Holmes)
MAXIMUM HEIGHT VARIANCE
FOR AN ACCESSORY STRUCTURE
3 WEST TERRACE AVENUE
Mr. Christopher Laury and Mr. Michael Baronich, owners of 3 West Terrace Ave., have submitted an application for a maximum height variance regarding their proposal to construct a new two story garage at the above address. Per the drawings as submitted, the proposed height of the new garage will be 24 ft. at the roof’s peak and will be used to park vehicles with storage on the second floor. 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.
Chairman Gary M. Segrue asked Mr. Laury and Mr. Baronich if they would please explain their request for the variance to the Zoning Board of Appeals.
Mr. Laury indicated he and Mr. Baronich would like to build a two and a half car garage, with some storage space in the garage’s attic. Mr. Laury said they would like to make it historically and aesthetically appropriate to the house, which would mean adding twelve (12) feet to the height from what is allowed in the Village Zoning Code.
Building Inspector Jeff Swanson said the concern he has with the height of this garage is that it could easily be made into living quarters someday, which is the reason the code has height restrictions.
Mr. Laury said they have no intentions of converting the garage attic into living quarters. The only utility that will be servicing the proposed garage will be electricity, which will be for lighting and the garage door openers.
Mrs. Sharon Romanowski, 15 Owana Way, said she and her husband always feared someone would buy 3 W. Terrace and convert it into a 7 or 8 unit apartment house. They are thrilled that Chris & Michael have bought it and done such wonderful things with it so far. Mrs. Romanowski thinks the Tudor style garage will be a great addition to the property and is happy with the proposed project.
Ms. Laurie Shults, 12 Alta Way, said she walks past the house daily and you can just see the love and care Chris and Michael have already put into the house.
Mr. Vincent Gerace, owner of 28 Chautauqua Ave., said his family has owned the house on Chautauqua Ave., for sixty-five years and has always had a view of the lake. Mr. Gerace submitted photos of the view he currently has from his house and simulated views of the lake, if the project were to be approved. He believes there are multiple alternative locations on the property the garage could be built, which would not block the view from his house.
Mr. Gerace said they have put a lot of work into his house and is fearful a garage, built where they would like it, would cause a negative character to his building and depreciate the value of his home.
Mr. Gerace respectfully requested the Zoning Board of Appeals deny the variance for the reasons that it is twice the legal height and exceeds the legal square footage.
Building Inspector Jeff Swanson said he is concerned that the second floor could someday be added as usable space.
Mr. Gerace questioned the extra footage on the second floor and why would they need windows if there are no plans for living space. He asked the Zoning Board of Appeals not make a decision based on the fact that the garage foundation is already in the ground and to remember the Zoning Law exists to protect the rights of all property owners and therefore should be enforced.
Chairman Gary Segrue said views of the lake are not something the Zoning Board of Appeals can consider as part of their decision, a view alone is not a reason to deny a variance.
Mr. Segrue asked Building Inspector Swanson if there is a question to the square footage of the structure and should they also be looking at a variance for additional square footage.
Mr. Swanson said he looks at the footprint of the ground floor, which in this case is 786 sq. ft., if there was a second floor then that would be an additional 410 sq. ft., which would make it over the allowed limit, if it were to be added usable space.
Mr. Laury asked what the height maximum would be if he were to attach the structure to the house and not make it an accessory building.
Mr. Swanson said if it is an attached structure it would change everything including the height requirements.
ZBA member William Chandler asked if the structure has been started and did they have a plan on what it would look like, even if they did not have a variance.
Mr. Laury said just the excavation and foundation has begun. He indicated the reason they are building the structure in that spot, so as to have the front doors of the garage in close proximity to the back door of the house.
Mr. Swanson asked if it would be possible to achieve the same look by lowering the roof edge down closer to the top of the door edge.
ZBA member Louis Drago asked Mr. Gerace what an acceptable height would be for him.
Mr. Gerace indicated he would like to see the Zoning Board keep it at the 12 foot restriction or move the structure over at least 10 feet.
Mr. Drago said the only things they need to make a decision on is whether or not to approve a variance for double the height, could a second floor eventually be made into a rental unit and will they be exceeding the maximum square footage. As far as a view is concerned, that doesn’t matter to them.
Motion by Louis S. Drago, Jr., seconded by William F. Chandler, to table action on this variance request made by Mr. Laury and Mr. Baronich for two(2) weeks, so as to allow Ms. Diane Hendrix, the project architect to attend.
Adopted: 5 ayes, no nays (Chandler, Drago, Segrue, Sorensen, Holmes)
247 EAST TERRACE AVE.
Mr. Robert N. Andreano, owner of 247 E. Terrace Ave., has submitted an application for an area variance regarding plans to construct a first floor addition to the existing two-story seasonal residence. In accordance with the proposed site plan, the addition will have side yard set-back of 2 ft. rather than the required 8 ft. as well as a lot width of 25 ft. rather than the required 75 ft. and lot coverage of approximately 65 percent rather than the required 30 percent. As prescribed in Section #25-10 (E) [Single-Family Residential (R-1) District], of the Village of Lakewood Zoning Law.
Chairman Gary Segrue asked Mr. Andreano if he would like to explain what his plans are for needing the area variances.
Mr. Andreano explained the house is a three season home which sits on a few cement blocks and has very little foundation. He will be retiring soon and would like to make this his permanent home but will need a first floor bedroom.
Mr. Andreano indicated he would like to remove the area in front of the house and build a larger kitchen, with a mud room, a laundry room, a first floor bedroom and a front porch.
Mr. Andreano explained the lot his house sits on is 25 ft. wide, his house is a total of 16 feet wide, he plans to continue building straight out the front of the house, keeping the structure 16 feet wide.
Building Inspector Jeff Swanson said what is required is 8 ft., actual is 2 ft. and he is requesting a 6 ft. side yard set-back variance.
Mr. Chandler asked Mr. Andreano where he was planning on storing his materials for this project.
Mr. Andreano said he wanted to get a storage pod but this area does not have them, he plans to see what storage units U-Haul would have. He also owns the lot across the street from his house which he could store materials on.
Mr. Segrue asked if there was anyone in attendance that would like to speak in favor of the project.
Mr. Ken Wray, 265 E. Terrace Ave. and Mr. Scott Reeves, 262 E. Terrace Ave., both said they were in favor of the project.
With no additional comments or questions, Chairman Segrue and members of the ZBA proceeded to review and answer the questions posed on the area variance findings and decision form.
Motion by Louis Drago, seconded by Phyllis Soreneon to grant/approve variances allowing 35 percent lot coverage, allow the side yard set-back of 2 ft. instead of 8 ft. and the lot width of 25 ft. instead of the required 75 ft., with the condition that the project shall be completed within one year of the permit being issued.
Adopted: 5 ayes, no nays (Chandler, Drago, Segrue, Sorensen, Holmes)
Meeting Adjourned: 8:38 PM
Mary B. Currie