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Zoning board continues Zappone lot-line matter to April after neighbor raises encroachment concerns
Summary
After neighbors submitted a certificate of compliance and raised an encroachment claim, the Zoning Board of Appeals continued the Joseph and Bridget Zappone lot-line and accessory-structure matter to April to allow further discussion and review; the board will post materials on the town website.
The Town of Newburgh Zoning Board of Appeals continued the public hearing on a lot-line change and accessory-structure variance for Joseph and Bridget Zappone to the April meeting after neighbors raised a property-encroachment concern Feb. 26.
Engineer Jay Samuelson described the application as a resubmission following months of attempts to reach an agreement with the adjoining neighbor. He said the applicants had located a certificate of compliance for the pool shed issued in 2014 and asked the board to memorialize the shed’s status so the lot-line change could proceed.
Neighbor Stephen Wenzel, represented by attorney Judith Mayle, presented photographs and correspondence showing the shed, foundation and pool fence encroach onto his property and said the parties had discussed easement or conveyance options, including a purchase offer that the neighbors say went unanswered. Mayle urged denial of a variance and suggested a property conveyance or moving the shed instead.
The board accepted new documents and, after hearing that the matter would benefit from further consultation between parties and more time to review the filings, voted to continue the hearing to the fourth Thursday in April. Chairman Scalzo asked staff to post the submitted survey and documents to the town website; the motion passed unanimously.
Next steps: the applicant and neighbors may continue discussions; the board will review any new submissions and hearing materials in April.
