Developer asks Marlborough ZBA for 19-foot variance after agricultural-setback error

The Town of Marlborough Zoning Board of Appeals heard a request from LynnDavid Properties on Feb. 12 for an area variance after a mapping error placed a proposed house inside an agricultural setback. Surveyor Carmen Messina told the board that the subdivision map approved by the Marlborough Planning Board and filed in Ulster County used a 35-foot side-yard figure but that the site actually borders farmland and therefore requires the 75-foot agricultural setback, leaving the approved house location out of compliance.

"I am the surveyor for the project," Messina said, and explained that the southwest corner of the lot is adjacent to a farm so the agricultural setback applies. Applicant Kevin Hardy said construction was nearly underway when a third party alerted them to the discrepancy: "We were actually ready. We had -- the excavator was there, we were ready to pour," Hardy said, describing how the work stopped after being told they may not be 75 feet from the farm boundary. Messina said the house footprint was reduced to lower the needed relief but that a minimum 19-foot variance would still be required given septic siting and steep topography on parts of the lot.

Board member Andrew Nikola moved to schedule a public hearing seeking relief from the 75-foot agricultural setback to permit a 56-foot setback (a 19-foot variance) under Town of Marlborough zoning code §155; the motion was seconded by Nick Cracolici and carried unanimously. The board noted the Planning Board approved and filed the subdivision map on Oct. 5, 2025, and that the Board of Health had approved septic sizing but that soil and slope limited alternate septic locations.