Board continues 35 Mountain Drive hearing after debate over whether project is a deck or an addition

A contentious application for 35 Mountain Drive was continued to the Philipstown Zoning Board’s July 20 meeting after members disagreed about whether the proposal is an unenclosed deck extension or an enclosed screened porch/addition.

The applicant’s architect, Mark Hinchcliffe, said the project would replace an existing 13-by-13 open deck with an enclosed screened porch and an adjacent covered porch; the applicant Scott Anderson confirmed the structure would be unconditioned but acknowledged it could be used seasonally. The building inspector’s denial language described a deck encroachment, while the applicant’s building application called the work a screened porch, creating confusion about the proper filing category.

Neighbors and community member Mackie Rondon spoke in support and urged clarity; Rondon said the proposal as described did not appear to pose a substantive concern. Board members questioned whether the roof, windows, insulation or potential sheetrock would make the space easily convertible to conditioned living space. One member voted to deny on that basis; other members said they saw the filing as a screened porch and were inclined to approve if the paperwork matched the plans.

After a brief consultation with counsel, the board voted to vacate the earlier roll-call vote and continue the public hearing to July 20. The board directed the applicant to amend the application materials to describe the project as an addition to the dwelling (screened porch with covered deck) rather than a deck extension and to provide any clarifying photographs or plans before the continued hearing.