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Southold To vn Board of Appeals
MAIN ROAD- -~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11=J71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3888
Matter of ERNEST TARMIN. Variance to the Zoning Ordinance,
Article III, Section 100-33, for permission to construct
Accessories; pool, tennis court and shed in frontyard area.
Property Location: 29823 Row off Main Road, Orient, County Tax
Map No. 1000, Section 14, Block 2, Lot 1.10.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of ERNEST
TARMIN, under Appeal No. 3888; and
WHEREAS, at said hearing all those who desired to be heard
we£e heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of a private right-of-way which extends off the north side
of the Main Road at Orient, New York, and is identified on the
Suffolk County Tax Maps as District 1000, Section 14, Block 2,
Lot 1.10.
2. This is an application for Variances from the Zoning
Code Article III, Section 100-33, for permission to construct
Accessories; pool, tennis court and shed in front yard area.
Page ~ - Appl. No. 3888
Matter of ERNEST TARMIN
Decision rendered January 9,
1990
3. Article III, Section 100-33, In the Agricultural-
Conservation and Low-Density Residential R-80, R-120, R~200 and
R-400, accessory buildings and structures or other accessory
uses may be located in the required rear yard, subject to the
following requirements:
ae
Such buildings shall not exceed eighteen (18) feet in
height.
Such buildings shall be set back no less than three
(3) feet from any lot line.
Ail such buildings in the aggregate shall occupy not
more than forty percent (40%) of the area of the
required rear yard.
4. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the Accessories; pool, tennis court and shed
in any other location in the front yard will require other
variance relief;
(c) that the area chosen for the accessory pool, tennis
court and shed are not unreasonably located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(e) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Grigonis, seconded by Serge
Doyen, it was
Page 3 - Appl. No. 3888
Matter of ERNEST TARMIN
Decision render January 9,
1990
RESOLVED, to GRANT a Variance in the matter of the
application of ERNEST TARMIN as applied under Appeal No. 3888,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the 20' by 20' shed be 53+- ft. from the west
property line.
2. That the shed be 700+- ft. from the right-of-way and
that it only be used for storage purposed, no sleeping quarters.
3. That the 20' by 40' pool be 48+- ft. from the east
property line, 45+- ft. from the west property line and 840+-
from the right-of-way.
4. That the pool meet all State building code regulations
regarding fence and it is to remain unroofed.
5. That the 60' by 120' tennis court be 40+- ft. from the
west property line, 48+- ft. from the east property line, and
580+- ft. from the edge of the right-of-way.
6. That the tennis court remain unlit and that the fence
placed around said court not exceed 10 ft. in height.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio (Absent Joseph Sawicki). This resolution was
duly adopted.
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GERARD P. GOEHRIGNER, CHAIRMAN
.RECEIVED AND FILED BY
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