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Zoning board approves variances to rebuild fire‑damaged house at 582 Fostertown Road
Summary
The Town of Newburgh Zoning Board of Appeals approved area variances allowing the replacement of a fire‑damaged house at 582 Fostertown Road and a covered patio that will raise lot coverage to about 11.5%. The Board treated the application as a SEQRA Type 2 action and required septic redesign and re‑perc testing.
Acting Chairman Darrell Bell and the Town of Newburgh Zoning Board of Appeals voted to approve multiple area variances for 582 Fostertown Road, enabling the replacement of a fire‑damaged house and the addition of a covered concrete patio.
Architect David Niemotko, representing applicant Cesar Lemus, told the Board the house will be rebuilt on the existing foundation footprint and that four of the five variances reflect preexisting nonconforming conditions. He said the proposed covered patio would be poured at grade and raise total lot coverage to approximately 11.5 percent.
Niemotko said the owner will remove damaged wood framing and pour concrete in parts of the stone foundation that are not in good condition. "We're not changing the footprint of the foundation," he said, and added the new structure would be a two‑story house typical for the area.
Board member Donna Rein pressed for clarity on utilities and environmental mapping. Niemotko confirmed the property has an existing well and septic and said Building Department comments require the septic to be redesigned; Code Compliance Officer Joseph Mattina said the project "needs to reevaluate it, re‑perc it, redesign it." Counsel David Donovan described the application as a SEQRA Type 2 action and explained that an auto‑generated EAF mapper had flagged a nearby critical environmental area.
After reviewing the five‑factor variance standard — alternate means, neighborhood character, substantiality, physical/environmental effects, and self‑created difficulty — the Board voted in favor of the variances on a roll call, with all voting members recorded as approving.
The Board did not receive public comment on the proposal. The decision is subject to any follow‑up requirements from the Building Department regarding septic testing and site work.
