Zoning board approves 5.8-foot height variance for Anchor Drive home

The Town of Newburgh Zoning Board of Appeals on March 26 approved an area variance that lets the house at 11 Anchor Drive rise to 40.8 feet — 5.8 feet above the town’s 35-foot limit.

Attorney William Frank told the board he represents owners Larry Rothstein and Gina Mazzarelli and that the as-built height is 40.8 feet. Surveyor Patti Brooks said the error came from site grading and contractor coordination problems and explained that the property’s steep slope and a nearby electric transformer required a flatter approach to the driveway. "There will be no problem with firematic services to it," Frank said, adding that the town’s Fire Chief inspected the site and raised no objection to the height variance.

Board members reviewed the five standards for area variances. Chairman Darrin Scalzo and counsel David Donovan both noted the question of whether the difficulty was self-created, but Donovan reminded the board that self-creation is "relevant but not determinative." Members agreed the structure did not materially alter the neighborhood’s character or obstruct nearby views; then the board voted to approve the variance.

Roll call showed James Eberhart, Gregory Hermance, John Masten, Donna Rein and Chairman Scalzo voting in favor. The board recorded the action as a Type 2 action under SEQRA and granted the variance with no additional conditions recorded on the transcript. The applicant left the meeting following the vote; the transcript records time noted at 7:20 p.m.