Dering Harbor resident Kevin Lynyak was successful in his petition to the Village Zoning Board of Appeals on Saturday, November 17. Following a public hearing in Village Hall, the board approved a variance in the 75-foot setback requirement for the location of his proposed tennis court at 24 Locust Point Road.
The hearing was attended by about 10 residents, none of whom raised any objection to the variance. Board members and Chair John Colby were unanimous in granting Mr. Lynyak’s request for a sideyard setback of 51 feet, 3 1/2 inches, rearyard setback of about 51 feet and frontyard setback of 38 feet, 9 1/2 inches.
The Lynyak’s tennis court will be located on the lower part of a slope where the lot backs onto village property. The only word of caution came from Mayor Hogue who pointed out that the village, exempt from the setback requirements, could decide to build there — but that was a most unlikely prospect, he said.
The court will not be lit at night and no objections to the location of the court had been received from neighbors, Mr. Colby said — all of whom had been notified about the public hearing.
The Lynyaks are also relocating a pool on their property, well within the setback requirements.
In response to a resident’s question, Mr. Colby said that the ZBA makes its decisions on a case-by-case basis; this decision did not set a precedent for other variances and applied only to the property in question.
A question was raised from the floor about the status of the long-standing litigation between the ZBA and Shore Road resident Kirk Ressler about whether the renovation of his garage qualified as accessory housing, prohibited by the zoning code. Mr. Colby said that minor revisions in the wording of an agreement between the board and Mr.Ressler were being worked on and would be on the agenda of the next ZBA meeting.
A related question was raised by Jim Goldman, who wanted to know how much the village had spent to date on legal fees related to the on-going litigation. Mr. Colby said that was a question for the Board of Trustees to answer.