DRAFT
November 9, 2023
A regular meeting of the Zoning Board of Appeals/Planning Board of the Village of Lakewood, NY, was held November 9, 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, John Jablonski and Jack McCray. Also present were Building Inspector Jeff Swanson and Village Deputy Clerk Krysten G. Sisson.
APPROVAL OF MINUTES
Motion by Mr. McCray, seconded by Mr. Drago, to approve the minutes of the last meeting of the Zoning Board of Appeals on August 17, 2023.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
SET BACK VARIANCE
418 E. SUMMIT
Mr. Clifford A. Jones, Lakewood, NY, (contractor) and Mrs. Robin L. Widrig, (owner) of 418 E Summit St, Lakewood, NY 14750, has submitted an application proposing the building of a new garage. The proposed site plan indicates the request for an accessory structure height of 15ft 10in rather than the max height of 12ft. and an accessory structure square footage of 960sf rather than the max 800sf., as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District), of the Village of Lakewood Zoning Law.
Chairman Segrue asked Mr. Jones to explain the project and what Mrs. Robin L. Widrig is requesting.
Mr. Jones stated that it is a 32 by 30, 2 car garage with some spare room around the garage for storage of other equipment. The garage is going to be approximately 16 feet tall, 9 foot ceiling and 7 foot trusses.
The following questions were presented to Mr. Jones regarding the project:
- How far off the street is the building in going to be? (Mr. Dargo)
- Is it off of Summit Street? (Mr. Dargo)
- Is it going to be centered on the property? (Mr. Dargo)
- What is the 75 by 50 square that is in the back of the drawing? (Mr. Chandler)
- Is the wooded area going to be left untouched? (Mr. Dargo)
- Is the upstairs going to be used? (Mr. Canddler)
Mr. Jones answered the following questions:
- The measurement from the end of the driveway to where the millings end is 42 feet.
- The building is going to be off Summit Street.
- The building is going to be centered on the property.
- The area is a low wooded area that is close to the house on the other side of the street.
- The area is going to be left untouched.
- The upstairs is going to be used for storage, due to the center being open from using “attic trusses.”
Mr. Segrue asked if there was anyone present who would like to speak for or against this request.
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.
November 9th, 2023 (continued)
Motion by Mr. Drago, seconded by Mr. Jablonski, to approve the following variances. The request for an accessory structure height of 15ft 10in rather than the max height of 12ft. and an accessory structure square footage of 960sf rather than the max 800sf., as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District), of the Village of Lakewood Zoning Law for a 30 by 32 foot garage. All construction is to be completed within a year and to all New York State and local building and fire regulations.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
Short Term Rental Discussion
The following presented their concerns and questions on the new short term rental draft:
Mr. Swanson:
- There are several safety concerns with short term rentals due to them being a change in a class structure. Because of this they are required to be sprinkled, windows need to meet an egress, annual inspections by the CEO, fire and carbon dioxide detectors, and other things may be required.
- Still waiting on the New York State, Department of State to get back to me on several questions regarding short term rentals.
- Another concern is the bed taxes not being paid to the county.
- Adding something to the new short term rental law that states all structures need to be in compliance with R1 Class Structure code.
- Joblonski added, having plans stamped by a professional would allow us to know if they are in compliance or not.
Mr. McCray:
- I would like to be invited to be on the short term rental committee to be able to add in suggestions.
Mr. Drago:
- Is there a need for fire rated door on garages and entrances into the basements?
- Swanson stated that the code for this is now 20 mins.
- What is the rules going to be to make sure the new short term rental law is being followed? Is there is going to fines and fees?
Mr. Jablonski:
- Is there a way that we can take the concerns that we have and present them to the board and have them added into the short term rental law?
Mr. Chandler:
- What are the liabilities on having short term rentals within the village?
Motion by Mr. Jablonski, seconded by Mr. Chandler to make the recommendation that the new short term rental law includes provisions that any applicant must provide stamped plans that shows that the structure is fully in compliance with a R1 Class Structure.
Adopted: 3 ayes (Chandler, Drago, McCray), 1 nays (Segrue)
Floodplain Development Permit Application Discussion
Mr. Chandler asked Mr. Swanson if the Floodplain development permit application was a new type of form. Mr. Swanson stated that it is not a new form but they have not been used regularly. He also states that he is learning more from the DEC on this topic. He stated that the application is mostly for new properties being built on the lake. The FEMA Flood maps set the elevation of the lake at 13 ft. 10.5 in and this is saying that around the lake the first floor of the structure would have to be built 2 feet about that. He also added that an accessory structure can be built below that but it would have to have flood damper. He stated that if you are on the dark grey portion of the map you would have to have a flood elevation survey completed to see what the flood elevation level is. He also said that this has been around for years but has not been enforced.
Proposed Change to the Zoning Code
Motion by Mr. Drago, seconded by Mr. Jablonski to present propose changes to the Village of Lakewood Zoning Code Chapter 25 Section 45 D & E as followed:
- Accessory Structures shall not be large than 1000 square feet rather than 800 square feet
- Accessory structures shall not exceed 16 feet in height rather than 12 feet, measured from grade to ridge.
Adopted: 4 ayes, no nays (Chandler, Drago, McCray, Segrue)
Motion by Mr. Drago, seconded Mr. Jablonski by to adjourn the regular meeting of the Zoning Board of Appeals/Planning Board at 7:32 PM.
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Krysten G. Sisson, Secretary
