JULY 9, 2020
A regular meeting of the Zoning Board of Appeals of the Village of Lakewood, NY, was held July 9, 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 Louis S. Drago, Jr., William F. Chandler, 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, Jr., seconded by William F. Chandler, to approve the minutes of the last meeting of the Zoning Board of Appeals held June 25, 2020.
Adopted: 5 ayes, no nays (Segrue, Chandler, Drago, Sorensen, Holmes)
AREA VARIANCES
FRONT YARD SET-BACK & LOT WIDTH
226 WEST SUMMIT STREET
Mr. & Mrs. Scott Neubauer, owners of 226 West Summit St., have submitted an application for front yard set-back variance and lot width variance regarding a proposal to demolish the existing home and construct a new two story home at the above address. The proposed structure will be on a 50 ft. lot rather than the 75 ft. and have a front yard set-back of 22 ft. rather than 25 ft. 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. & Mrs. Neubauer if they would please explain their request for the variances to the Zoning Board of Appeals.
Mr. Scott Neubauer indicated he and his wife bought the cottage style home in 2017 which was built circa 1905. Last year they came to the Zoning Board of Appeals and got approval for a number of variances to make renovations to it, since then they have decided it would be more cost effective to have it demolished and rebuild.
Mr. Neubauer said the house will be 34 ft. wide so it will comply with the side yard set-back requirements of 8 ft. on each side, however they would like variances for a front yard set-back of 22 ft. versus the required 25 ft. and building height of 32 ft. versus the maximum prescribed height of 30 ft.
Mr. Todd Ingersol, contractor for the Neubauer’s, indicated the house will drop 67 inches from street grade to lakeside, the average height will be 30 ft. but the north side, which is the lowest point, will be 32 ft.
Zoning Board Member William F. Chandler asked if they have any idea what the height will be at the road.
Mr. Ingersol indicated it would be around 27 ft. 3 inches, definitely under 30 ft.
Chairman Segrue asked what the height is of the current house.
Mr. Neubauer said he would guess it is between 25 and 30 feet. He indicated his neighbor’s house is higher than his current house so he believes the house he is proposing should be very similar to the neighbors.
Mr. John Marra, co-owner of 228 W. Summit St., said he and his brothers own the house between 226 W. Summit St. & 230 W. Summit St. and indicated he and his brothers would be agreeable to having each neighboring property owner receive approval of their respective area variance applications this evening.
Ms. Greta Smith, 227 W. Summit St., also indicated she would agree with the proposed variances being granted.
William Chandler asked when the project is expected to be completed.
Mr. Ingersol said they plan to have the house demolished in the fall and will begin re-construction immediately.
With no additional comments or questions, Chairman Gary 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 Jerry Holmes, to approve the variance for minimum lot width of 50 ft. rather than the 75 ft. as required, a front yard set-back of 22 ft., rather than the 25 ft., as required and a height variance allowing 32 ft., at the lowest point of the property, rather than the required 30 ft. The construction is to be completed within twelve months from date of approval.
Adopted: 5 ayes, (Segrue, Chandler, Drago, Sorensen, Holmes)
MULTIPLE AREA VARIANCES
230 WEST SUMMIT ST.
Mr. & Mrs. Bruce Tomczak, owners of 230 W. Summit St., have submitted an application for front and side yard set-back variances and a lot width variance regarding their proposal to demolish the existing home and construct a new home at the above address. The proposed site plan indicates a front yard set-back of 20.2 ft. rather than the required 25 ft., side yard set-backs of 4 ft. 7-1/4” on the east side, 3 ft. on the west side of the property rather than the required 8 ft. The proposed site plan also indicates a minimum lot width of 50 ft. rather than the required 75 ft., all as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District], of the Village of Lakewood Zoning Law.
Chairman Segrue asked Mr. & Mrs. Tomczak if they would please explain the reasons they are requesting variances this evening.
Mr. Tomczak indicated they also have an older home with lots of issues so have decided it would be less expensive to construct a new home than to try to piece meal it out.
Ms. Tomczak said the front yard set-back will be 26.2 ft. not 20.2 ft. as indicated on the notice.
Chairman Segrue asked what the distance is on the east and west sides of the current house.
Ms. Tomczak said on the east side the house is right on the line of the neighboring property and on the west side they are approximately 3 ft. from Lowe Park.
With no additional comments or questions, Chairman Gary 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 Phyllis Sorensen, to approve the variance for minimum lot width of 50 ft. rather than the 75 ft. as required, the east side set-back of 4.7 ft., rather than the 8 ft. as required and the west side set-back of 3.5 ft., rather than the 8 ft. as required, with the construction to be completed within twelve months from date of approval.
Adopted: 5 ayes, (Segrue, Chandler, Drago, Sorensen, Holmes)
MULTIPLE AREA VARIANCES
VACANT LOT – E. TERRACE AVE.
Mr. Bruce Moran and Mr. Michael Moran, 3750 Baker St., Lakewood, have submitted an application for front and back yard set-back variances and a lot width variance regarding their proposal to construct a new single family home with an attached garage on a vacant lot between 264 & 284 E. Terrace Ave. The proposed front yard set-back of 13 ft. rather than the required 25 ft., the rear yard set-back of 8 ft. rather than the required 25 ft. with a lot width of 65.91 rather than the 75 ft., all as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District), of the Village of Lakewood Zoning Law.
Chairman Segrue asked Mr. Bruce Moran to please explain his reason for requesting a variance this evening.
Mr. Moran indicated he currently owns the house at 275 E. Terrace Ave., which is right across the street. He and his brother purchased the vacant lot with the hope of building a home for their mother to live in.
Chairman Segrue asked if the property which borders the south of the vacant lot was a buildable lot.
Building Inspector Jeff Swanson indicated that property to the south is village owned and to the east of the property is a paper street.
Mr. Moran presented the architect drawing to the board which shows the east side of the proposed structure would have a set-back of 8 ft. and the west side would have a set-back of 33 ft.
Zoning Board member Louis Drago asked Mr. Moran how deep the lot is.
Mr. Moran indicated the depth of the lot is 98 ft., the front is approximately 66 ft. and the rear is approximately 75 ft.
Chairman Segrue asked if there was anyone who would like to speak about the project.
Mr. Kenneth Wray, 265 E. Terrace Ave. said he lives right across the street and feels it will be a nice addition to the neighborhood.
Ms. Wende Parrish, 279 E. Terrace Ave. said she also lives across the street and has no objections to the proposed project.
With no additional comments or questions, Chairman Gary 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 Phyllis Sorensen, to approve a variance for the lot width of approximately 66 ft. rather than the required 75 ft., a front yard set-back variance of 13 ft. rather than the required 25 ft. and a variance for the back yard set-back of 8 ft. rather than the required 25 ft. with the construction is to be completed within twelve months from date of approval.
Adopted: 5 ayes, (Segrue, Chandler, Drago, Sorensen, Holmes)
Chairman Segrue asked Building Inspector Swanson if the interpretation on the proposed tent, that was in question for the YWCA summer camp program, has been resolved or if he still needs an interpretation.
Mr. Swanson indicated that has been resolved and the tent has been approved but they are to be placing it in a location that would not block the view for the neighboring residents.
Motion by Mr. Louis Drago, seconded by William Chandler to adjourn at 7:47 PM.
___________________________
Mary B. Currie
Village Clerk/Secretary
