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After split vote, board approves variance for storage shed at 80 Albany Post Road
Summary
Paul O'Hare received a retroactive area variance for a 25×24 storage structure built without a permit at 80 Albany Post Road following an initial 3–3 tie and a subsequent reconsideration; the board debated whether failing to obtain a permit should influence approval.
Paul O'Hare won approval from the Town of Newburgh Zoning Board of Appeals for a retroactive area variance for a 25×24 metal storage building at 80 Albany Post Road after the board reconsidered an earlier tie vote.
O'Hare told the board the structure was built about two years ago and has no power; he said he was prompted to seek relief because he is selling the property and the violation appeared on the property card. "I'm selling the property," he said, describing the structure as purely storage.
Counsel David Donovan explained the applicable maximum accessory square footage under the formula and said O'Hare's building measured about 600 square feet versus an entitlement of 467.8 square feet. Board members discussed whether the self‑created nature of the violation (built without a permit) should determine the outcome. "I understand the vote of no is because he didn't get the permit in the first place, but ... that shouldn't be justification," said James Eberhart.
An initial roll call produced a three‑three split, which counsel said meant the motion failed. After additional discussion the Board reconsidered: Eberhart moved to approve and Greg Hermance seconded. The final roll call recorded Latwan Banks and Donna Rein voting no, with Eberhart, Hermance, John Masten and Darrell Bell voting yes, and the motion carried.
The Board noted that Code Compliance could pursue fines or court action separate from the variance process; Building Department staff said there is a $50 fee for building without a permit in that context. O'Hare thanked the Board after the approval was recorded.
