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Newburgh ZBA approves a slate of area variances; holds over lakeside deck dispute
Summary
The Town of Newburgh Zoning Board of Appeals approved multiple area-variance requests on Jan. 22, including a 455 sq ft showroom addition for Segundo Lema and several residential deck and shed variances, and deferred a disputed lakeside encroachment case for further legal review.
The Town of Newburgh Zoning Board of Appeals on Jan. 22 approved a series of area variances for property owners across the town, while deferring one contested lakeside deck matter for legal review.
Acting Chairman Darrell Bell opened the meeting and the board first heard Jonathan Cella and applicant Segundo David Lema on plans for a 455-square-foot addition to a storefront at 171 South Plank Road. Cella said the addition would provide a showroom and office for the owner’s roofing business and the application includes removal of one of two storage containers. After discussion about screening and whether the proposed freestanding sign complies, the board voted unanimously to grant the variances and directed the applicant to the Planning Board for site plan review. "The variance is approved. You're going to the Planning Board," Bell told the applicant.
Other approvals included:
- A 10-by-20 accessory shed for Augustin Rivera, 13 Canterbury Drive (board recorded conditions including a minimum six-foot separation from an existing shed). - Enclosing two nonconforming patios at 1463 Route 300 (JM & DM Holdings/Joseph Accettura). - A 4-by-10 rear deck extension at 20 Jennifer Rose Way (James Saffioti; architect Nils Fredriksen noted adjustments around an exposed septic tank). - A 14-by-45 rear deck retention variance at 97 Colden Hill Road (Jose Garcia), which the owner said predates his purchase. - A 12-by-14 deck at 4 June Road (Kim Izworski), described as a preexisting feature of a 1928 home; the board noted the applicant had provided notice to 52 neighbors.
Most approvals were unanimous on roll call votes. Board attorney David Donovan guided members through the statutory balancing test required for area variances and confirmed several items were Type 2 actions under SEQRA.
The board also considered a holdover request from Mark and Lynda Daigle concerning a deck that cantilevers over Orange Lake. Counsel and members questioned whether the ZBA has authority to permit structures that extend over water or another party’s property and asked for additional research into a 2019 precedent. The Daigles asked to defer and the hearing was continued.
Votes at a glance (selected): - Segundo D. Lema — Approved (5–0). Planning Board referral required. - Augustin Rivera — Approved (5–0); six-foot minimum separation required. - JM & DM Holdings (Accettura) — Approved (5–0). - James Saffioti — Approved (5–0). - Jose Garcia (Silbase Enterprises) — Approved (5–0). - Kim Izworski — Approved (5–0). - Mark & Lynda Daigle — Applicant requested deferral; hearing continued (no vote).
The board ended the meeting by granting multiple six-month extensions tied to pending site plan processing and approving minutes. Time of adjournment was 9:16 p.m.
What’s next: applicants required to obtain any necessary site-plan approvals from the Planning Board; the Daigle lakeshore matter was deferred to allow the board to study prior decisions and legal authority.
Reporting note: direct quotes and votes are taken from the ZBA transcript of Jan. 22, 2026. This article uses attributions only to speakers who self-identified or were explicitly introduced in the hearing record.
