Zoning board rules a lakeside cantilevered deck does not require a variance

The Town of Newburgh Zoning Board of Appeals unanimously interpreted Feb. 26 that a cantilevered lakeside deck at 349 Lakeside Road does not require an area variance because the cantilever falls within an exemption in the zoning code for terraces and certain overhangs not higher than one foot above ground.

Board counsel reviewed a 2019 file for a neighboring property and cited Section 185-18(C), noting exemptions such as terraces not more than one foot above ground level and overhanging roofs that do not exceed specified projections. Staff observed that the deck’s cantilevered portion sits less than or about one foot above the former concrete patio, placing it within the exemption language. After discussion the Board voted to interpret the application as not needing a variance; the motion was made by Gregory Hermance and seconded by Donna Rein and carried unanimously.

Chairman Darrin Scalzo said the board had weighed precedent and code language and concluded the structure’s measurements fit the exemption. The board approved the February minutes, then adjourned at about 8:14 p.m.

Next steps: staff will prepare a written interpretation referencing Section 185-18(C) for the file; the applicant may proceed consistent with the board’s interpretation and any Building Department requirements.