Newburgh plan commissioners accept petition to rezone property listed as 116 Plum Street

The Town of Newburgh Plan Commission on Nov. 3 accepted a petition to rezone a property that the meeting agenda lists as 116 Plum Street.

The petition was presented by resident and property owner Tammy Kelker, who said she and her husband own the building and described its prior use as a small commercial shop that closed after the COVID pandemic. "My name is Tammy Kelker, and I actually live at 110 Logan Street, but my husband and I own the property at 116 Holmes Street," Kelker said. She said the property "was a shop, a great little shop for almost 5 years until COVID happened." Kelker said family circumstances have changed and she is seeking a zoning change.

Transcript references to the property and requested zoning are inconsistent in the record. The meeting agenda and the presiding officer referred to the parcel as 116 Plum Street; Kelker identified the property as 116 Holmes Street in her remarks. The commission also made inconsistent references when describing current and proposed zoning in discussion (members referenced C-4, C-2 and R-1 at different points). The record does not contain a formal roll-call vote tally; after a motion and second members voiced "aye" and the presiding officer stated "motion carries."

Commission discussion included routine questions about whether residential occupancy is permitted in commercial zones and when a formal rezoning is required. The presiding officer moved the motion to accept the petition and a second was recorded; the commission carried the motion to accept the petition to rezone and will forward the petition to the Town Council for consideration as an ordinance.

The commission did not record specific vote counts in the meeting audio. Next steps: the petition will be placed before the Town Council for consideration per the commission's procedural practice. The Plan Commission's next scheduled meeting is Monday, Dec. 1.