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Committee defers decision after Optimal Rhythms’ art installation deemed a sign

Town of Newburgh parks committee · May 8, 2026
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Summary

Town staff said an art installation from Optimal Rhythms that included the organization’s name was ruled a sign under the ordinance and removed; committee members asked staff for photos and invited a representative to discuss relocation options at the June meeting.

Committee members discussed a recent determination that an installation tied to Optimal Rhythms, originally presented as an art piece, falls under the town’s definition of a sign because it includes a business name. Staff said the sign portion has been removed and that the organization asked whether the piece could be relocated near a trailhead.

"You cannot have a commercial sign on a residential property," the staff member explained when recounting the ordinance interpretation and the previous board of zoning appeals review. Staff said the flowers, bench and lending library components were permitted as art but the element bearing a business name was treated as a sign and had to be taken down.

Committee members expressed sympathy for the organization’s mission — staff noted the installation was made with student involvement — but several members emphasized precedent and neighborhood concerns. "I don't think, personally, I have enough information to make a decision, because I haven't seen it," the Chair said, asking staff to provide photos and exact proposed placement.

The committee asked staff to bring an image of the work and the proposed location for review and suggested inviting a representative from Optimal Rhythms to the June meeting to explain the project and its intended placement. Members repeatedly raised the risk of setting a precedent that could open parks and public spaces to advertising if a business-labeled installation were allowed.

No formal change to ordinance language or immediate council referral was made at the meeting; staff will follow up with photos and stakeholder outreach.