AUGUST 17, 2023 (Draft)
A regular meeting of the Zoning Board of Appeals/Planning Board of the Village of Lakewood, NY, was held August 17, 2023 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 and Jack McCray. Also present were Building Inspector Jeff Swanson and Village Clerk Mary Currie. Absent was Board Member John Jablonski.
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 July 13, 2023.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
PUBLIC HEARING
PRELIMINARY SUBDIVISION PLAT REVIEW
318 EAST FAIRMOUNT AVE.
Chautauqua Mall Realty Holding, LLC, 1010 Northern Boulevard, Suite 212, Great Neck, NY has submitted a request for Preliminary Subdivision Plat Review/Approval in accordance with Chapter 26 [Subdivision of Land], of the Village Code. GPI Engineering, Landscape Architecture and Surveying, LLP, Jamestown, NY has been retained by Kohan Retail Investment, Great Neck, NY, to survey and subdivide three (3) parcels of land now owned by Chautauqua Mall Realty Holdings, LLC.
Chairman Gary M. Segrue opened the public hearing at 6:35 PM and asked Mr. Jeff Gossett, P.E., GPI Engineering, if he would briefly explain what the owners of the mall are requesting.
Mr. Gossett said the owners would like to subdivide three (3) parcels making them available for sale. He said the lots are the former Sears Auto Center, which is approximately 1.8 acres, the 1.2 acre lot Buddy Brewster’s Ale House is on and the 1 acre parking lot between Taco Bell and Olive Garden.
Mr. Segrue asked if there was anyone present who would like to speak for or against this request.
With no one present to be heard, Mr. Segrue closed the public hearing and reopened the regular meeting at 6:37 PM.
Motion by Jack McCray, seconded by Louis Drago, that the proposed subdivision of the three lots owned by Chautauqua Mall Realty Holdings, LLC be approved so the owners can move forward with the condition that any future development on the one acre lot between the Taco Bell and Olive Garden come before this board for site plan review.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
MINIMUM LOT WIDTH VARIANCE
SIDE YARD & FRONT YARD SET-BACK VARIANCES
108 WEST SUMMIT STREET
Ms. Sherry Mattison, 108 W. Summit St., has submitted an application to construct an addition onto the existing garage at the residence above. The proposed site plan indicates requests for minimum lot width variance of 25 ft., front yard set-back variance of 2.6 ft., side yard set-back variances, west side 0.6 ft. and east side 2.3 ft., per Section #25-10, (E), [Single-Family (R-1) Residential District], all of the Village of Lakewood Zoning Law.
Chairman Segrue asked Ms. Mattison if she would explain the reasons for her request.
Ms. Mattison said she would like to extend her existing garage by approximately 20 ft. to add additional storage and said it will remain the same shape and style as the existing garage.
Mr. Drago asked Ms. Mattison how close the addition will be to W. Summit St., once completed.
AUGUST 17, 2023 (continued)
Ms. Mattison said it will be approximately 22 ft. from the street, which is the same depth as her neighbors existing garage.
Mr. Drago asked if the east side of the garage will remain the same distance as it currently is and if there will be any change in height.
Ms. Mattison said the sides will remain the same distance from the property lines as they are now and the height of the garage will not change.
With no one present to speak for or against the project, 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 Drago, seconded by Jack McCray, to approve the following variances. Minimum lot width whereas the village code requires 75 ft., the actual lot is 50 ft., approve a 25 ft. variance. The minimum front yard set-back required is 25 ft. the actual will be 22 ft. 6 inches, approve a 2 ft. 6 in. variance off the southerly boundary line. The side yard set-backs required are 8 ft., approve a 2 ft. 3 in. variance on the east side and a 6 inch variance on the west side. The construction is to be completed within 12 months of time of approval and must meet all New Year State building and fire codes.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
SIGN VARIANCE
284 EAST FAIRMOUNT AVE.
NuWood Creations, 5502 Ramsey Rd., Ashville, NY, contractor for Cattaraugus County Bank (CCB), 284 E. Fairmount Ave., has submitted an area variance application requesting to place an additional sign on the outside of the newly renovated building at the address above. The proposed site plan indicates there will be a total of three (3) signs with the property. As prescribed in Section #25-49, (D), [Signs], of the Village of Lakewood Zoning Law, the maximum signs allowed in the B-2 [Highway Business District] are two (2).
Chairman Segrue asked Mr. Todd Ingersol, representative for CCB, if he would explain what the bank is requesting.
Mr. Ingersol said NuWood Creations recently completed extensive renovations to CCB, 284 E. Fairmount Ave. He said the bank would like to add a sign above the entrance off E. Fairmount Ave., making a total of three (3) signs for that location.
Mr. Ingersol said the Vice President of the bank told him the number one reason this signage is important to the bank is the visibility it will create for them literally and metaphorically. He said they are one of the only true community banks left in the area where all decisions on both commercial and consumer lending and deposits are made locally by people who live in the same communities as those they serve. He said their branch leadership, senior staff members and board members are also members of this community and they believe the added exposure is important to them in helping to grow their customer base.
Mr. Ingersol said CCB chose that location because of the visibility and believes by adding the sign with their logo above the door will make them much more visible. Mr. Ingersol said he also thinks it will be more uniform with the signage over the other entrance so commercial and consumer customers will be welcomed with the same logo above both entrances.
With no one present to speak for or against the request, 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.
AUGUST 17, 2023 (continued)
Motion by Louis Drago, seconded by William Chandler, to approve the request for an additional sign to be placed above the northeast entrance of the Cattaraugus Community Bank, 284 E. Fairmount Ave., making a total of three (3) signs at that location.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
FRONT, REAR & SIDE YARD SET-BACK VARIANCES
LAKESHORE SET-BACK VARIANCE
1 GIFFORD AVE.
Mr. Dominic Maleno, Erie, PA, contractor for Mr. and Mrs. Greg Baney, owners of 1 Gifford Ave., Lakewood, has submitted an application proposing to demolish the existing home and construct a new single family home at the address above. The proposed site plan indicates the request for a front yard set-back variance of 19 ft., and rear yard set-back variance of approximately 14 ft., per Village Code the required is 25 ft. The plans also requests side yard set-back, (south side) of 2.6 ft., required is 8 ft., as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District). Mr. Maleno is also requesting lakeshore set-back variance of 16.9 ft. rather than the required 50 ft., as prescribed in Section #25-36, (A), [Lakeshore Regulations], all of the Village of Lakewood Zoning Law.
Chairman Segrue asked Mr. Maleno if he would explain what Mr. & Mrs. Baney are requesting.
Mr. Maleno said Mr. and Mrs. Baney would like to demolish the existing structure, which no longer complies with most of the ordinances and build a new structure on the existing footprints. He said they will be either maintaining or improving most of the current set-backs.
Mr. Maleno said the rear yard and two side yard set-backs will pretty much be staying as they are, the house itself will remain 50 ft. from the lakefront. The only change will be the construction of a new deck being 33 ft. from the lakefront instead of 30 ft. like it is currently. He said this is a positive thing, the owners will be gaining an additional 3 ft. of yard space.
Board member William Chandler asked how close the house will be to Gifford Ave. and said that street has a public access dock so there is a lot of traffic that goes down to the lake. He asked if there was a way to build a smaller structure than what is currently there.
Mr. Maleno said the new house, as proposed, will have the same footprints as the existing house, which is very close to the road. He said the existing structure has a bump out that encroaches on the easterly property line and said they will be removing the bump out and maintain a continuous 11 ft. 8 in. along that property line.
Mr. Maleno said Mr. & Mrs. Baney would like a garage so if we reduce the width of the new structure, we will lose garage space which will increase the amount of cars parked along the road versus in the garage. He said he understands the situation but they are not asking for anything greater than what already exists.
Mr. Drago asked if the structure could be pushed back to the east a little bit to keep it further away from the road.
Mr. Maleno said we would then be encroaching on that neighbor and right now there is only 11 ft. 8 in to that property line. He said if that is what the board wants to see then he will see what he can do.
He said all they are trying to do is improve the house and neighborhood with new construction while staying within the same footprint.
Ms. Marlene Volpe, 158 W. Summit St., said she owns the little tiny house right next door and her main concern is losing her line of sight to the lake and the sunsets they have enjoyed since 1985. She said on page 2 of the Area Variance Request application it states the only change will be the newly proposed house will be closer to the lake.
AUGUST 17, 2023 (continued)
Mr. Maleno said the new structure will be remaining the same as it is, the deck will be a 33.2 ft. away from the lake, which is 3 ft. further away than it is right now, giving you a few more feet for your lake view.
Ms. Volpe also said there is a big problem at the end of the street with cars turning around and parking. She also wondered if the owner decides to put an addition on the front of the house, will they be allowed to.
Mr. Segrue said if the owners decide to do any additions they will be required to come before this board for approval.
Mr. Drago said this board is very aware of the 50 ft. set back from the lake and we try to keep solid structures either at the existing footprint or at the 50 ft. setback.
Mr. Swanson said on the drawings that were submitted it looks like the closest corner on the house will be 45 ft. from the lake front which would need a 5 ft. variance.
Ms. Volpe said it looks like the new structure will have a nice straight line on the side that faces her cottage but it looks like it will come out a few more feet on the back where the garages are. She said that will narrow the walkway by about a foot and wondered if that is correct.
Mr. Maleno said that easement is approximately 5 ft. 6 in. with the existing structures and will remain the same with the new one. We’re just trying to maintain the same thing and not infringe any more than what it is currently. Mr. Maleno added, any new construction will be inside the same footprint and won’t be any closer.
Mr. Segrue asked if anyone present would like to speak for or against this project.
Mr. Tod Ingersol said he also builds houses and said any time property can be improved it is a good thing. He said there are so many lakefront properties and cottages that are pieced together, a lot of the foundations don’t connect. He said he thinks it is better for the property and the community to have nice new structures around that are safe and indicted his support for the project.
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.
Mr. Chandler said there is a problem with congestion on that road that could end up with a safety situation where people can get trapped behind two houses. He said he is concerned about putting a liability on the village if something catastrophic happened down there.
Mr. Chandler said he believes a feasible alternative would be to move the footprint of the structure and said that might help with the parking problem.
Mr. McCray said if you change the footprint that would change everything that has already been done, not to mention double the expense.
Mr. McCray said it would also be like making owners give up some of their property.
Motion by Louis Drago, seconded by Jack McCray, to approve the current structure at 1 Gifford Ave. be razed and a new structure be built on the existing footprint of what is currently there. The northwest corner will be 45 ft. from the lake front and the northeast corner will be approximately 50 ft., matching the existing footprint. A front deck will be allowed to be constructed, shortening the current set-back from the lake by 3 ft., to a distance of 33 ft. 3 in. and grant a variance of 16 ft. 9 in. The front yard set-back (western side) requirement by code is 25 ft. The existing structure has a set-back of 6 ft., requiring and approving a set-back variance of 19 ft., while keeping the newly proposed single family home within the existing structure’s footprint.
AUGUST 17, 2023 (continued)
NOTE: The Board of Appeals encourages the contractor and home owner to try to slightly increase the proposed set-back from Gifford Ave. The side yard (south side) set-back required by code is 8 ft., currently it is 5 ft. 6 in. grant a variance of 2 ft. 6 in. The rear yard (eastern side) set-back by village code is 25 ft., the actual is approximately 11 ft. so approve a 14 ft. variance. The height of the building will not change from the current one. The construction is to be completed within twelve months of time of approval and must meet all New Year State building and fire codes.
Adopted: 3 ayes, (Drago, McCray, Segrue) 1 nay (Chandler)
FRONT YARD SET-BACK VARIANCE
111 LOCUST STREET
Ms. Nancy Lahnen, 111 Locust St., has submitted an application to add a porch with a gable roof at the residence above. The proposed site plan indicates the need for a front yard set-back variance of 13.3 ft. rather than the required 25 ft., as prescribed per Section #25-10, (E), [Single-Family (R-1) Residential District], of the Village of Lakewood Zoning Law.
Chairman Segrue asked Ms. Lahnen if she would explain the reasons for her request.
Mr. Steven Aiken of Mayshark Builders, Mayville, NY and contractor for the project said they are requesting the construction of an 8 ft. x 20 ft. porch on the Locust side of their home, which will encroach on the required setback.
Mr. Aiken said existing set-back is 19 ft. 9 in., they would like to request the porch be 11 ft. 9 in. from the road so they are requesting a 13.3 ft. variance.
Mr. Segrue asked if anyone would like to speak for or against this project.
With no one present to speak, 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 Drago, seconded by Jack McCray, to approve a front yard set-back variance of 13 ft. 3 in. for the construction of a new porch at 111 Locust St. The construction is to be completed within twelve months of time of approval and must meet all New Year State building and fire codes.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
Mr. William Chandler asked Building Inspector Swanson if he could look into a few property maintenance issues that keep reoccurring this year. He said 160 W. Summit has new construction going on and 214 W. Summit has been overgrown all summer.
Mr. Swanson said he follows up on every complaint he receives, if he doesn’t receive a complaint then most of the time he doesn’t know about it. He said he has been busy working on having vehicles removed from properties.
Mr. Segrue asked Mr. Swanson if he would check to see if the new structure at 15 E. Summit St. has exceeded the 12 months completion date.
Motion by Jack McCray, seconded by Louis Drago, to adjourn the regular meeting of the Zoning Board of Appeals/Planning Board at 7:42 PM.
_______________________________
Mary B. Currie, Secretary
