DRAFT
SEPTEMBER 8, 2022
A regular meeting of the Zoning Board of Appeals/Planning Board of the Village of Lakewood, NY, was held September 8, 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 William F. Chandler, Louis S. Drago and Jack McCray. Also present were Building Inspector Jeff Swanson and Deputy Village Clerk Julie Toennis. Absent was board member John Jablonski Jr. and Village Clerk Mary B. Currie.
APPROVAL OF MINUTES
Motion by Louis S. Drago Jr, seconded by Jack McCray, to approve the minutes of the last meeting of the Zoning Board of Appeals on July 14, 2022.
Adopted: 3 ayes, no nays (Drago, McCray, Segrue)
SIDE YARD SET-BACK VARIANCE
1 LAKECREST AVE.
Ms. Bethany Russell, 1 Lakecrest Ave., has submitted an application for side yard set-back variance regarding a 6 ft. high wood 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 Zoning Law.
Chairman Segrue asked Ms. Russell why she installed the fence without obtaining a permit.
Ms. Russell said the dryers from the All Makes Express carwash across Fairmount Ave. from her house are very loud. She was told putting up a wood fence would help drown out some of the noise. Ms. Russell said she got online to research the rules of putting up a fence and didn’t realize she was on the Lakewood, New Jersey website instead of Lakewood, New York. She said because of that she was unaware she had to get a permit or a variance in order to put the fence along the property line. Ms. Russell said as soon as she received the letter from the village making her aware she needed a variance and a permit, she immediately went to the Village Clerk’s Office and filled out the paperwork, she said she wasn’t trying to do anything wrong.
Ms. Russell said she hasn’t sealed the fence yet in case she is asked to take it down.
Chairman Segrue said Ms. Russell’s next door neighbor submitted a letter to the Zoning Board of Appeals stating she supports the fence bordering her property.
Deputy Clerk Toennis said the previous owner of 3 Lakecrest Ave. contacted her and said he understands why Ms. Russell would install the fence and indicated if he still lived there, he would be all for the fence.
Mr. Drago said his only concern is that the fence could be over the line by fractions and if they make a motion to approve this, they will not be acknowledging that.
Ms. Russell said she submitted a survey showing the fence is not over the line and indicated the markers are still up along the property line, she said the chain link fence that was previously up is where the new fence is now.
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, seconded by Jack McCray, to approve the requested 2 ft. setback variance allowing the already installed wooden fence to remain at or near the southerly property line at 1 Lakecrest Ave.
Adopted: 4 ayes, no nay (Chandler, Drago, McCray, Segrue)
SIDE YARD SET-BACK VARIANCE
2 HIGHLAND AVE.
Ms. Jennifer Cummings, 2 Highland Ave., has submitted an application for side yard set-back variance regarding her proposal to place an 8 ft. x 10 ft. storage shed (accessory structure) on the west side of her property. In accordance with the proposed site plan and related information she is requesting a side yard set-back variance of 6 ft., rather than the required 8 ft., as prescribed in Section #25-10 (E) [Single-Family Residential (R-1) District] of the Village of Lakewood Zoning Law.
Mr. Segrue asked Mr. Michael Henry, resident of 2 Highland Ave., if he would explain the project he and Ms. Cummings are requesting.
Mr. Henry said he would like to place an 8 ft. x10 ft. storage shed approximately 2 ft. from the westerly property line and indicated there is 13½ ft. from the side of his house to the property line. He said the reason he would like a shed is mostly to store his lawn mower, some gardening tools and dirt bikes.
Mr. Chandler asked if he has considered attaching the shed to the house.
Mr. Henry said he would like to maintain some space between the house and shed, in case of maintenance issues arising or the need to paint. He did say he will put it there if that’s where it has to be.
Mr. Drago asked why he isn’t putting it in the back corner of the lot where he would be meeting the setbacks.
Mr. Henry said the back corner is already fenced in for a garden. He also said he would like the doors on the shed to open up into the fenced in part of the yard.
With no additional comments or questions, Mr. 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 allow the construction of an 8 ft. x 10 ft. storage shed to be placed 2 ft. from the westerly property line, approving a 6 ft. side yard set-back variance. The construction is to be completed within 12 months of approval.
Adopted: 4 ayes, no nays. (Chandler, Segrue, Drago, Jablonski)
MINIMUM LOT WIDTH VARIANCE
FRONT & SIDE YARD SET-BACK VARIANCES
ACCESSORY BUILDING HEIGHT VARIANCE
150 WEST SUMMIT STREET
Mr. & Mrs. Carlson, 146 W. Summit St., have submitted an application to construct a new garage on their property at 150 W. Summit St. The proposed site plan indicates a minimum lot width of 25 ft., rather than the required 75 ft., requesting a 50 ft. variance, front yard set-back of 20 ft., rather than the required 25 ft., requesting a 5 ft. variance, side yard set-back 5 ft. on the west side, requesting a 3 ft. variance and 4 ft. on the east side, requesting a 4 ft. variance, rather than the required 8 ft. and accessory building height of 13 ft. rather than the required 12 ft., requesting a 1 ft. variance, all as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District], of the Village of Lakewood Zoning Law.
Mr. Segrue asked Mr. Patrick Klice, contractor representing Mr. & Mrs. Carlson, if there is currently anything between 150 W. Summit St. and 146 W. Summit St.
Mr. Klice said Mr. & Mrs. Carlson also own 146 W. Summit St. and the only thing between the two structures is grass.
Mr. Swanson said the Carlson’s own three adjoining parcels.
Mr. Drago asked if the garage will be stick built with vinyl siding to match the house.
Mr. Klice said yes and it will be matching the house.
Mr. Drago asked how he will transition the garage to the house.
Mr. Klice said there will be a retaining wall with a set of stairs that go down to a deck landing.
Mr. Drago asked Mr. Klice if he knows of anything previously being on that spot.
Mr. Klice said there used to be a small shed and at some point there must have been a garage because there is a foundation there.
Mr. Segrue asked if the shed on the property would be staying or going.
Mr. Klice said the shed is already gone.
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, seconded by Jack McCray, to approve the variances requested for the construction of a garage at 150 W. Summit St. Per village code minimum lot width requires 75 ft., the actual is 25 ft., approve a variance of 50 ft., required front yard set-back is 25 ft., the actual is 20 ft., approve a 5 ft. variance, required side yard set-back is 8 ft., the actual on the west side is 5 ft., so approve a 3 ft. variance and the actual on the east side is 4 ft., so approve a 4 ft. variance, the accessory building height required is 12 ft., approve a 1 ft. variance allowing the maximum building height of 13 ft. Construction is to be completed within twelve months of approval.
Adopted: 4 ayes, no nay (Chandler, Drago, McCray, Segrue)
MINIMUM LOT WIDTH VARIANCE
MAXIMUM LOT COVERAGE
FRONT & REAR YARD SET-BACK VARIANCES
147 EAST TERRACE AVE.
State Property Management & Construction, LLC, owner of 147 E. Terrace Ave., has submitted an application to raze the existing house and build a new one 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, maximum lot coverage of 47% rather than the required 30%, requesting a 17% variance, front yard set-back of 6 in., rather than the required 25 ft., requesting a 24 ft. 6 in. variance, rear yard set-back of 6 ft., rather than the required 25 ft., requesting a 19 ft. variance, all as prescribed in Section #25-10, (E), [Single-Family (R-1) Residential District], of the Village of Lakewood Zoning Law.
Chairman Segrue asked if anyone was present to represent State Property Management & Construction, LLC for this project.
Mr. Joe Fusco, owner of 147 E. Terrace Ave., said he would like to tear down the existing house and build a new two story house.
Mr. Drago asked what he plans to do with the overgrown vegetation.
Mr. Fusco said he has already taken care of that and said last year he paid someone $1,100.00 to mow the lawn but hasn’t done it this year because he knew he would be tearing everything out.
Mr. Drago asked how many bedrooms and bathrooms he plans to have in the new house.
Mr. Fusco said he plans to have four bedrooms and four bathrooms.
Mr. Drago asked Mr. Fusco what he plans to use the house for.
Mr. Fusco said it will be for his family and friends to stay at. He also said he plans to put a dock in at the Crescent Ave right-of-way and have a boat for the summers.
Mr. Fusco said he has no plans of renting the home and indicated he doesn’t like the thought of anyone staying in his bedroom.
Mr. Drago asked Mr. Fusco if he has given any thought about the house taking up 17% or more of the property than the village code allows and how he plans to control the water/snow runoff from the roof line going onto the neighbor’s property.
Mr. Fusco said that he will have a cement pad instead of a crawl space and let the drip run off of that, he said he was told he would be able to use both sides of the road.
Mr. Swanson said his driveway will be off Front St. and said both streets have significant right of ways. Mr. Swanson said the stairs that are currently on the Front St. side are over the property boundary so he will be shifting them back so they will be on his property.
Mr. Swanson also said the entrance to the current house is on Front St. but it has an E. Terrace Ave. address, the front yard and rear yard have to be flip flopped.
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, seconded by Jack McCray, to approve razing the existing house and construct a new two story house at 147 E. Terrace Ave., also approve a minimum lot width variance of 25 ft., rather than the required 75 ft., maximum lot coverage variance of 17% rather than the required 30%, a front yard set-back on the north side (Front Street) of 24.6 ft., rather than the required 25 ft., and rear yard set-back variance of 19 ft., rather than the required 25 ft. Mr. Fusco was made aware of the current moratorium on short term rentals within the R1 district, which is where this property is located and was told he will not be allowed to short term rent the house, without board approval. Construction to be completed, per New York State building code within 12 months of approval.
Adopted: 4 ayes, no nay (Chandler, Drago, McCray, Segrue)
SPECIAL USE PERMIT APPLICATION
262 EAST FAIRMOUNT AVE.
Ms. Colleen L. Hayes, 52 Fairwood Drive, has submitted an application for a Special Use Permit regarding her desire to establish a short term rental in a single family house at 262 E. Fairmount Ave. In accordance with Section #25-14, (C), [Highway Business (B-2) District], of the Village of Lakewood Zoning Law, the establishment of a short term rental within a B-2, Highway Business District, requires a Special Use Permit.
Mr. Drago asked Ms. Hayes what borders each side of the property at 262 E. Fairmount Ave.
Ms. Hayes said to the west side of her property there is a nursery, on the east side there is a vacant house and to the rear there is a house with a privacy fence, she said she believes the fence is the neighbor’s.
Mr. Chandler asked if she has spoken to the neighbors about her request.
Ms. Hayes said she has never seen any neighbors to talk to them about it.
Deputy Clerk Toennis said the Village Clerks Office notified Ms. Hayes when it was reported she was operating this Short Term Rental. Ms. Hayes told her she was never told she needed to register with the village and then immediately came into the office to file all the proper paperwork and asked to be placed on the agenda for the next Planning Board meeting.
Mr. Segrue asked Ms. Hayes if she resides in the Village of Lakewood.
Ms. Hayes said she lives about a half mile down the road from her rental property, she said if there is ever any problem, she can be there in just a couple of minutes.
Motion by Jack McCray, seconded by Louis Drago, Jr., that it is the recommendation of the Planning Board, that the Village Board of Trustees grant/approve Ms. Colleen Hayes application for a Special Use Permit, where she will be allowed to establish a short term rental at 262 East Fairmount Ave., based on the discussion that currently came before this board.
Adopted: 3 ayes (Drago, McCray, Segrue), 1 nay (Chandler)
SPECIAL USE PERMIT APPLICATION
3 WEST TERRACE AVE.
Mrs. Jennifer Greer, Cleveland, Ohio, owner of 3 West Terrace Ave., has submitted an application for a Special Use Permit regarding her desire to establish a short term rental in a single family house at 3 W. Terrace Ave. In accordance with Section #25-13, (C), [Retail Business (B-1) District], of the Village of Lakewood Zoning Law, the establishment of a short term rental within a B-1, Retail Business District, requires a Special Use Permit.
Mr. Segrue said he lives one and a half blocks from Mrs. Greer’s property and asked Mrs. Greer if she will be alright with him being on the Planning Board or if she would prefer he recuse himself.
Mrs. Greer indicated she would not have a problem with him remaining on the board.
Mr. Segrue asked Mrs. Greer what her intentions are for the property.
Mrs. Greer said her family saw the house for sale and immediately fell in love with it and the location. She said they bought the house mostly for her family’s personal use, as a lake house. She said her son plays baseball and the team he plays on travels a lot, they would like to be able to offer the house to the families of the team, to rent from time to time. She said the people who would be renting the house would be people they personally know. Mrs. Greer also said they have people who will be taking care of the house, that live one block away.
Mrs. Greer said they don’t have plans to rent it often but they want to do the right thing in case they do.
Mr. Segrue asked Mrs. Greer how many bedrooms are in the house and if they do rent the house, would they rent the whole place or plan to maintain a personal bedroom, not to be rented.
Mrs. Greer said there are seven bedrooms and five bathrooms and said they would rent the entire house. She also said there are seven cameras on the outside of the house that they will be monitoring. She also mentioned she has introduced herself to the neighbors.
Mrs. Greer said she has done a lot of research on the type of rules to have for short term rentals. She said they will have a clear plan in place for the trash and no one is to park on the street. She said that way if multiple families are staying at one time, they won’t be occupying parking spaces along Chautauqua or Terrace Aves.
Mrs. Greer also said there are quiet hours and no parties/events are allowed. The rules specifically state that their booking will be terminated if rules are not followed. She said the rules state to respect the neighbors and their privacy by being quiet starting at 10 pm and no music or sound is to be heard beyond the property boundaries. If any neighbor submits a noise complaint, the guests will be asked to leave.
Mrs. Greer believes the house will be respected since they will be renting to people they know and if they happen to rent to someone they don’t know, it will be very expensive.
Chairman Segrue said he has lived a block away from this house for a long time and has never known of any problems with the property when it was previously a rental. He said he doesn’t have a problem with recommending this property becoming a Short Term Rental to the Board of Trustees.
Motion by Jack McCray, seconded by William Chandler, that it is the recommendation of the Planning Board, that the Village Board of Trustees grant/approve Mrs. Jennifer Greer’s application for a Special Use Permit, where she will be allowed to establish a Short Term Rental at 3 West Terrace Ave., based on the discussion that currently came before this board.
Adopted: 4 ayes, no nay (Chandler, Drago, McCray, Segrue)
Motion by Louis S. Drago, Jr. seconded by William Chandler to adjourn the regular meeting of the Zoning Board of Appeals at 7:48 PM.
4 ayes, no nays (Chandler, Drago, McCray, Segrue)
_______________________________
Julie C. Toennis, Secretary
