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Planning board refers 89 5th Avenue two‑lot subdivision to ZBA and Orange County for review
Summary
At an initial appearance May 21, the Planning Board directed staff to refer the proposed two-lot subdivision at 89 5th Avenue to the Zoning Board of Appeals for variances and to the Orange County Planning Department because of proximity to Gardnertown Road county park; staff flagged incomplete EAF, utility and grading details for follow-up.
The Town of Newburgh Planning Board on May 21 reviewed an initial concept for a proposed two-lot subdivision at 89 5th Avenue and authorized staff to prepare a referral to the Zoning Board of Appeals for required variances and to forward the proposal to Orange County Planning for Section 239 review.
Justin Dates of Colliers Engineering described a three-acre parcel with an existing dwelling and accessory structures; proposed Lot 1 would contain the existing dwelling and accessory buildings, while Lot 2 would be about 2.66 acres. Dates said an existing garage measures roughly 1,045 square feet and the plans also show temporary membrane carports. Code Compliance noted membrane carports are treated as accessory membrane structures under the Building Code and may affect variance calculations. "The car ports are actually a membrane structure and must conform to the Building Code, not the Residential Code," Jim Campbell said.
MHE staff identified outstanding items: a fully completed EAF, limits of disturbance and disturbance acreage, Tree Preservation Ordinance compliance documentation, a City of Newburgh flow-acceptance letter for an additional unit, and a design for a sewer pump station/force main. Because the site lies within 500 feet of the county park on Gardnertown Road, Pat Hines said the application requires an Orange County referral.
Board action: The board voted unanimously to authorize preparation of a ZBA referral listing the variances and to circulate adjoiner notices and send plans to Orange County Planning. The applicant was directed to work with Code Compliance and MHE to resolve accessory-structure calculations, remove or document the existing shed prior to plan stamping, and complete the EAF and utility plans.
What’s next: The applicant will finalize plans and coordinate with staff for the referrals; required variances will be set out in the ZBA referral and County Planning comments will follow the Orange County review schedule.
