Newburgh zoning board approves variances for multiple properties, continues two hearings

The Town of Newburgh Zoning Board of Appeals approved area variances for several property owners at its July 24 meeting, voting 5–0 in multiple roll calls to legalize pre-existing conditions and permit replacement construction on a mix of residential and commercial parcels.

The board, chaired by Darrin Scalzo, approved variances for two continuous Dogwood properties — applications for Janet Rossbach (28 Dogwood Hills Road) and John Clark (128 Dogwood Lane) — to legalize a lot-line change and existing encroachments, including a pool deck and driveway that "encroaches onto 128 Dogwood Road," applicant representative Darrin Doce said. After a brief public question about whether new construction was planned, the board approved the variances on a motion by Donna Rein, seconded by James Eberhart; five members voted yes.

In other votes the board approved a replacement dwelling application for James Turner (355 Lakeside Road), variances for KCH Management/JCH Expanding along Route 9W to legalize pre-existing nonconformities and parking shortfalls, and requests to legalize unpermitted rear additions at 5 West Stone Street and to replace nonconforming decks at 20 Rockwood Drive and 12 Berry Lane. Each approval followed the board’s standard five-factor area-variance balancing test and carried on recorded roll calls.

Not all matters concluded. The board rescinded an earlier motion to close the public hearing and continued the application by Robert Iacomacci for a side-yard garage at 4 Crestwood Court to the September meeting after members expressed concern about the proposed garage’s proximity to the property line and long-term maintenance access. The board also kept open and continued the Lite Brite Signs / Starbucks drivethrough signage application at 31 North Plank Road to September so the applicant can provide written materials and legal argument responding to code compliance’s determination that menu-board/canopy signage may not be a permitted sign type under current rules.

The board approved two large freestanding signs proposed for the Budget Newburgh storage site after the applicant offered to reduce both the height and face area by 10 percent. For the Route 300 sign the reduction will lower the proposed top from 30 feet to 27 feet and reduce face area from about 145.8 square feet to roughly 131.2 square feet; roll-call tallies show the board approved that conditional change. Public commenters had urged greater setback or smaller signs, arguing larger illuminated cabinets would affect the corridor’s character.

Board attorney David Donovan and code compliance staff clarified next steps on several items: code will perform visual inspections where permitted but may require a design professional and deconstruction for verification if structural elements need confirmation; applicants were advised to submit photographs, neighborhood context or written legal interpretations when contesting a building-department interpretation (the Lite Brite/Starbucks case is an example). The board adjourned following routine business, including several six-month extension requests and approval of the June minutes.

Votes at a glance: - Rossbach / Clark (28 Dogwood Hills / 128 Dogwood Lane): Motion to approve by Rein; second Eberhart; recorded vote 5–0 (Scalzo, Eberhart, Hermance, Masten, Rein) — approved. - Turner (355 Lakeside Road): Motion to approve; recorded vote 5–0 — approved. - KCH Management / JCH Expanding (Route 9W): Motion to approve; recorded vote 5–0 — approved; referred back to planning as required for site work. - Dubois (5 West Stone Street): Motion to approve; recorded vote 5–0 — approved. - Hintaky & Titov (20 Rockwood Drive): Motion to approve; recorded vote 5–0 — approved. - Alvarez (12 Berry Lane): Motion to approve; recorded vote 5–0 — approved. - Isaac Rothermel / Budget Newburgh signage (Routes 300 & 52): Board approved both signs with applicant-offered 10% reductions in height and face area; recorded tallies: sign D (Route 300) approved, sign C (Route 52) approved. - Robert Iacomacci (4 Crestwood Court): Board rescinded closing of the hearing and continued the public hearing to the Sept. 25 meeting (no final vote). - Lite Brite Signs / Starbucks (31 North Plank Road): Public hearing continued to Sept. 25 for additional written material and legal argument responding to code compliance’s interpretation.

The board is scheduled to reconvene at its next regular meeting in September; applicants with continued hearings were told no additional mailings are required but were advised to bring supporting materials and, where applicable, legal or expert evidence to address code interpretations or economic hardship claims.