JULY 14, 2022
A regular meeting of the Zoning Board of Appeals/Planning Board of the Village of Lakewood, NY, was held July 14, 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, Louis S. Drago, John Jablonski Jr. and Jack McCray. Also present were Building Inspector Jeff Swanson and Village Clerk Mary B. Currie. Absent was board member William F. Chandler.
APPROVAL OF MINUTES
Motion by Louis S. Drago Jr, seconded by John Jablonski, to approve the minutes of the last meeting of the Zoning Board of Appeals on June 9, 2022.
Adopted: 3 ayes, no nays (Drago, Jablonski, Segrue)
MINIMUM LOT WIDTH VARIANCE
FRONT YARD SET-BACK VARIANCE
SIDE YARD SET-BACK VARIANCE
2 WALDEMERE WAY
Mr. Kirby Walker, owner of 2 Waldemere Way, has submitted an application for minimum lot width, front yard set-back and side yard set-back variances regarding his desire to remove the current second floor and re-build at the address above. The proposed site plan indicates a minimum lot width of 50 ft. rather than the required 75 ft., requesting a 25 ft. variance, front yard set-back of 19.5 ft. rather than the required 25 ft., requesting a 5.5 ft. variance and side yard set-back of 2.6 ft. rather than the required 8 ft., requesting a 5.4 ft. variance on the north side, all as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District], of the Village of Lakewood Zoning Law.
Zoning Board of Appeals Chairman, Gary M. Segrue asked Mrs. Danielle Walker if she would explain the reasons for their request.
Mrs. Walker said she and her husband recently purchased 2 Waldemere Way and would like to reconstruct the second floor. She said it is a typical cottage where the second floor has the maximum height only in the center of the room. She said there are dressers and closets build into the slopes of the roof, leaving quite a bit of unusable floor space. She said they would like to raise the roof and straighten up the front, back and sides, making room for a full bath and larger bedroom.
Mrs. Walker said the footprint of the house will not be changing, she said they are requesting a variance since the north side of the house sits 2.6 ft. from the property line.
Building Inspector Jeff Swanson said per to NYS fire code, anything less than 3 ft. cannot have any openings, therefore the Walker’s will not be able to have any windows on the north side of the addition.
Mr. Swanson said he will have to check with the Department of State or legal counsel to make sure if the current windows on the first floor can remain as existing.
Mrs. Walker said they plan to install a larger window in the bedroom on the front of the house and nothing in the bathroom.
Mr. McCray asked Mrs. Walker if they plan to use the house themselves or if they plan to make it into rental property.
Mrs. Walker said she knows that rentals are a big concern in Lakewood right now and said this will be her family’s summer home only. She said they are members of the Chautauqua Lake Yacht Club and haven’t been able to spend much time here due to her husband’s job. She said her husband will be working remotely for three months so they felt now is a good opportunity to be here and begin renovations.
Mr. Segrue asked Mr. Erick Stroth, Stroth Construction and contractor for the Walker’s, how he would access the north side for the demolition and the construction.
Mr. Stroth said he could set up scaffolding platforms along the north side of the house, between the trees.
Mr. Jablonski asked how much of the building will be within the encroachment area.
Mr. David Carlson, owner of 65 W. Terrace Ave., said there is only 2.6 ft. between the house and his property line. He said there is no way the contractor will be able to put scaffolding along the side of the house and stay within the 2.6 ft., let alone demolish the second floor and re-build. Mr. Carlson said not one person has come to him to explain what they would like to do or ask permission to access his property. Mr. Carlson said he would like to know how they plan to construct the building, without encroaching on his property. He did say he does not have a problem with the plans for the house, he is concerned about the liability, should something happen to one of the workers on his property and indicated he will not allow access to his property.
Mr. Stroth said as far as for the construction on the north side, he would use a Pull Jack system. He said it’s a single pole that goes up to the fascia of the second floor. He said he would guess that will sit off the house about 4 ft., the actual pole will sit vertically about 20 inches out.
Mr. Stroth indicated at some point he might have to access Mr. Carlson’s property.
Ms. Bea Solomonson, former owner of 2 Waldemere Way, said the survey indicates the fireplace chimney of the house is on Mr. Carlson’s property and approximately 2-3 ft. of the driveway is on the neighbor’s property at 16 Waldemere Way.
Ms. Heather Chopra, daughter of Mr. & Mrs. Carlson, who resides next door, said she is all about home improvements but with it being so close to her property, she is very concerned about it.
Mrs. Judy Lohnes, 16 Waldemere Way, said she thinks it looks like a nice project, her only fear is that the Walkers live 3 hours away and wonders who will be overseeing what will be going on. Mrs. Lohnes said she doesn’t know what the project is going to entail and hopes the contractor is insured. She also asked about the size of Mr. Stroths crew and where they will be parking their vehicles. She asked what the timeline for completion of the project is. She said are the neighbors going to have to watch over the project and if a problem should arise, who would they contact.
Mrs. Lohnes said the grass hasn’t been maintained the greatest and a few weeks prior a tree in their back yard caught on fire causing large embers going everywhere.
Mrs. Walker said they have since hired someone to maintain the lawn on a regular basis.
Mr. Stroth said the only time he might cross the line would be to do the siding and maybe the soffit and fascia. He said he is confident he can build a scaffolding 18” wide to do all the work. He said the square footage of the roof will not be changing.
Mr. Swanson said if you’re going higher the drains, gutters and downspouts might have to be positioned differently for the water and snow run off.
Mr. Shawn Lohnes, 16 Waldemere Way said he is concerned about when they begin demolishing the existing walls and haul it out and asked how he plans to do that without accessing either property.
Mr. Stroth said he would begin by tearing off the drywall, giving himself some more room, then pull everything out the front of the house to the dumpster.
Mr. Lohnes also inquired about the pick-up trucks and dump trucks that will be parking on the street.
Mr. Stroth said there will be a 20 ft. dumpster on site, he has another contractor that will be doing the outside work and he will be doing the interior work. There should be no more than five men there for at least three weeks and they would be willing to park down at the park if need be.
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 Jack McCray, to approve the variance’s requested for the re-construction of the second floor. Per village code, the required minimum lot width is 75 ft., the actual is 50 ft., approve a variance of 25 ft. The required front yard set-back is 25 ft., the actual is 19.5 ft., approve a variance of 5.5 ft. The required side yard set-back is 8 ft., actual is 2.6 ft., approve a variance of 5.4 ft. The contractor has agreed not to enter onto the neighbor’s property and the construction is to be completed, per NYS building and zoning code, within 12 months of approval.
Adopted: 3 ayes, 1 nay (Drago, Jablonski, McCray) (Segrue)
SIDE YARD SET-BACK VARIANCES
MINIMUM LOT WIDTH VARIANCE
9 GERALD AVE.
Mr. Nikolas Blyashuk, owner of 9 Gerald Ave., has submitted an application for side yard set-back variances and minimum lot width variance regarding his proposal to construct a new single family home at the address above. The proposed site plan indicates a side yard set-back of 4 ft., on the north side, a side yard set-back of 3 ft. on the south side, rather than the required 8 ft., and 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) all of the of the Village of Lakewood Zoning Law.
Mr. Segrue asked Mr. Blyashuk if he would explain the reasons for his request.
Mr. Blyashuk said he purchased the property in April and said he would like to demolish the existing house and rebuild a new one. Mr. Blyashuk indicated his plans are to keep the new house along the same footprint as the existing house, only making it a little further out to the rear of the property.
Mr. Jablonski asked if he plans to bring it closer to the lake than it is right now.
Mr. Blyashuk said the new house will remain 16 ft. wide and the side walls will remain along the same footprint as the existing one. Mr. Blyashuk also said the current house is one and a half stories and he would like to make it a two story home.
Mr. Segrue asked who the contractor for the house will be and who would be doing the demolition.
Mr. Blyashuk said he will be the contractor for the construction of the house and is waiting to hear from Mr. Tom Alessi about the demolition. He said if Mr. Alessi is unable to do it, he will do it himself.
Mr. Segrue also asked Mr. Blyashuk if he put the current foundation in.
Mr. Blyashuk said the foundation had been done before he purchased the house.
Mr. Swanson said the houses in that area of the village were originally meant to be cottages so a lot of them do not have proper foundations.
Mr. Drago said if you are going from a one and a half story to a two story won’t that change the slope of the roof. He asked what kind of drainage is planned to catch the water runoff, and the snow from sliding off the roof onto the neighboring properties.
Mr. Blyashuk said he will be using shingles so the snow shouldn’t slide off the roof and he plans to install gutters along both sides of the structure sending the water to the road.
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 Mr. Blyashuk’s request to construct of a new house at 9 Gerald Ave., with the following variances. Minimum lot width variance of 50 ft. where the required is 75 ft., and actual is 25 ft. Side yard set-back variances of 4 ft. on the north side and side yard set-back of 3 ft. on the south side, rather than the required 8 ft. The building is not to exceed 30 ft. in height and the sides are to be reconstructed on the existing footprint. The construction is to be completed, per NYS building and zoning code, within 12 months of approval.
Adopted: 4 ayes, no nays (Drago, Jablonski, McCray, Segrue)
REAR YARD SET-BACK VARIANCE
SITE PLAN REVIEW
BLUE BUFFALO CAR WASH
373 EAST FAIRMOUNT AVE.
Mr. Joseph Spino, 30 Buffalo Creek Rd., Elma, N.Y., has submitted an application for a Site Plan Review regarding his proposal to construct a 3,150 sq. ft. Blue Buffalo Car Wash at 373 East Fairmount Ave. The proposed site plan indicates the removal of the current building and construction of a new a two (2) story building. In accordance with Section #25-89, B-1 [Site Plan Review] of the Village of Lakewood Zoning Law, the development of 3,000 sq. ft. or more of commercial floor space requires site plan review.
Building Inspector Jeff Swanson said this is a site plan review with a variance for a rear yard set-back. The zoning code in the B-2 [Highway Business District], calls for a 60 ft. rear yard set-back so this project will need a 20 ft. variance.
Mr. Joe Spino, ACS, Inc., Grand Island, NY, said the original plans for this project were to make alteration to the existing building but now they are planning to remove the existing building and construct a new 2 story building, following the same footprint.
Mr. Spino said originally they were trying to buy a piece of land from the carpet store next door but they wouldn’t sell so they had to change their plans. He said the proposed building will be approximately 23.5 ft. from the neighboring property.
Mr. Spino said the only entrance to and from the car wash is planned to be along Fairdale Ave., they will be closing the current entrance on E. Fairmount Ave.
Mr. McCray asked if there has ever been a traffic survey done right in that area.
Mr. Segrue said he received a Municipal Referral from Chautauqua County Dept. of Planning and Development and they said nothing about the traffic. Mr. Segrue asked that the letter become part of the minutes.
Gary Segue, ZBA/Planning Board Chairman
Village of Lakewood
20 W Summit Street
Lakewood, NY 14750
RE: MUNICIPAL REFERRAL No. 2022-38
AREA VARIANCE AT 386.05-4-79, 373 EAST FAIRMOUNT AVE.
Dear Chairman Segue,
This letter is in response to your municipal zoning referral received in full by this office on July 5th, 2022 regarding an area variance for the removal of a current building and the construction of a new car wash at Tax Parcel 386.05-4-79. This parcel is located within the B-2.1: Highway Business zoning district.
As one of the designated staff to the Chautauqua County Planning Board, I have reviewed the above noted referral to the County since it is within 500 feet of State Road 394.
I have reviewed the pertinent inter-community and county-wide considerations with respect to this proposal and its effect on the relevant concerns that are listed under General Municipal Law 239-l. Based on this review, I find that the proposed action would have no significant countywide or inter-community impact and that the proposal would be a matter of local concern.
However, in order to help the Village with its decision, I offer the following informal comments:
- It is recommended that any proposed construction and development efforts consider the appearance and character of the neighborhood properties with regards to the project’s building design, layout, landscaping signage, lighting, etc.
- Any necessary access changes to and from this property should be designed in accordance with generally accepted engineering standards to minimize potential traffic safety problems associated with vehicular movement between the property and adjacent roadways. The appropriate highway or transportation departments should be contacted if the right-of-way, driveways, ditches, etc. are to be modified.
- The applicant should ensure, if not already submitted, that the South & Center Chautauqua Lake Sewer District receives design drawings of the proposed facility and the sewer connections prior to the issuance of any necessary permits.
If you have any questions regarding this matter, please contact our office at (716) 661-8900.
Respectfully,
Courtney Domst
Junior Planner
Mr. Spino said he has a letter from the South & Center Sewer District saying they do not have an issue with the project. He also said county roads do not require traffic surveys and the road cuts on Fairdale Ave. will not be changing in size or egress.
Mr. Segrue asked if they plan to do anything with the trees along Fairmount Ave.
Mr. Spino said it is his understanding they will not be touching the trees and said they would actually be adding green space to the lot. He said he has talked to the Chautauqua Watershed Conservancy about the drainage and has received a letter from them saying they look forward to working with him, once the landscaping goes into place.
Mr. Jablonski asked how many vacuums will be installed and if the color of them will blend in with the building.
Mr. Spino said there would be ten black vacuums and also indicated the car wash will be built to not be loud.
Mr. Segrue asked what the maximum height of the building would be.
Mr. Spino said the maximum height of the building will be 28 ft. and said the parking lot will be asphalt.
Motion by John Jablonski, seconded by Louis S. Drago, Jr., that it is the recommendation of the Planning Board, that the Village Board of Trustees grant/approve Mr. Spino’s application for Site Plan Review, where the Blue Buffalo Car Wash will be allowed to construct a car wash at 373 East Fairmount Ave., based on the plans that currently came before this board. NOTE: It is the interpretation of the zoning at this property that the north side of the property is considered to be the side yard, due to the interpretation of the Village of Lakewood Zoning Code #25-20, [Corner Lots], therefore the request for a rear yard set-back will not be needed.
Adopted: 4 ayes, no nays (Drago, Jablonski, McCray, Segrue)
Mr. Jablonski suggested once the Board of Trustees has made their decision, DPW Supervisor Tom Pilling should review the plans and set a meeting with Mr. Spino to discuss the possibility of increased traffic along Fairdale Ave. and what can be done.
Mr. McCray said his only concern is the increased amount of traffic at the intersection of E. Fairmount and Fairdale Ave. He said it might cause a real problem with people leaving the car wash and trying to turn left onto Fairdale.
SIDE YARD SET-BACK VARIANCE
1 LAKECREST AVE.
Ms. Bethany Russell, 1 Lakecrest Ave., submitted an application for side yard set-back variance regarding a 6 ft. high vinyl fence that was installed on the southerly property line of the address above. In accordance with the proposed site plan and related information she is requesting a variance of 0 ft., rather than the required 2 ft., as prescribed in Section #25-14 [Highway Business (B2) District] of the Village of Lakewood.
Motion by Louis S. Drago, Jr., seconded by Jack McCray to table the variance request until the next regular meeting of the Zoning Board of Appeals, August 11, 2022, at such time Ms. Russell can be present.
4 ayes, 0 nays (Drago, Jablonski, McCray, Segrue)
_______________________________
Mary B. Currie, Secretary
