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ZBA defers decision on Mace Circle accessory structure after survey raises boundary questions
Summary
The Board deferred a decision on Lars Keilhorn’s application to build an accessory structure with solar collectors after staff and board members identified a possible encroachment and a 'gore' area on the survey; the board asked Keilhorn to supply a full stamped survey before the April meeting.
The Town of Newburgh Zoning Board of Appeals on March 26 deferred action on an application by Lars Keilhorn for front-yard and setback variances at 3 Mace Circle, citing uncertainty over a property boundary shown on the submitted survey.
Keilhorn, speaking for himself, described a small open accessory roof to carry solar thermal collectors and said a neighbor (Richard Clarino) submitted a letter of no objection. Board members and Code Compliance staff pointed to a red-lined portion of the survey and a notation labeled a "gore area" that left the board unclear whether the proposed structure encroached onto a neighbor’s parcel or an undefined strip of land. Chairman Darrin Scalzo and code officer Joseph Mattina asked Keilhorn to obtain and submit the full stamped survey, including any schedules and metes-and-bounds descriptions that would mark whether the parcel includes the gore area.
Town counsel David Donovan advised that if a favorable decision were made while the property ownership is unclear the board could condition approval on confirmation of ownership, but he and several board members said they preferred to see the survey clarification before ruling. The board voted 4–1 to defer consideration to the April meeting; Donna Rein voted no. The transcript records the board’s instruction that the applicant supply his full survey and contact the Building Department and Code Compliance to resolve the boundary question.
