Zoning board rules front platform a landing, not a deck; no variance required

The Town of Newburgh Zoning Board of Appeals unanimously determined that a 5-by-8 platform at a newly built single-family home is an unroofed landing (part of the stairs) rather than a deck, removing the need for an area variance.

Frank Valdina, representing Rosemarie Wright, asked the board to treat the built platform as a landing under the State Building Code and therefore exempt from front-yard setback rules. Code Compliance inspector Joseph Mattina said during his review that the structure "doesn't meet the requirements of the minimum required front yard setback in our Zoning Code" because the constructed elements created an occupied open area between ground and sky in a way that differs from unroofed steps. Counsel advised the Board that the zoning text exempts "unroofed steps or terraces not higher than one foot from the ground level," and that the question for the ZBA was whether the platform fits that exemption.

After discussion about how the platform functions as a turning landing between flights of stairs, board members concluded it qualifies as part of the unroofed steps. Town counsel clarified that if the Board adopts that interpretation, "then he doesn't need a variance." The Board then moved and adopted an interpretation that the platform is part of unroofed steps and that the yard requirements do not apply.

Chair Darrin Scalzo closed the matter by directing the applicant to expect written notice and to contact the clerk for next steps.