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Town of Newburgh Zoning Board defers DiLemme case, approves four area variances
Summary
At its May 28 meeting the Town of Newburgh Zoning Board of Appeals deferred the DiLemme application to June so counsel can review late-received materials and approved four area variances — including a replacement deck and three accessory structures — by unanimous votes.
The Town of Newburgh Zoning Board of Appeals on May 28 deferred one pending application to June and approved four separate area-variance requests in unanimous votes.
Chairman Darrin Scalzo opened the meeting and announced Vice Chairman Darrell Bell’s resignation because he is moving out of town; Bell told the board, “I’ve been on the Board for eleven years,” and was thanked by members and counsel.
The board’s first substantive item was a request from Nick and Jennifer DiLemme (2201 Route 300) for an adjournment after they said they received material from the Town after the application deadline. Board members discussed whether to allow one final deferment so counsel could review the materials. Ms. Banks moved to grant the adjournment as the last deferment, Ms. Rein seconded, and the Board voted unanimously to keep the public hearing open and hear the matter in June.
Town attorney David Donovan told the Board that the Town had provided the information requested and that the adjournment was being granted to give the applicants adequate time to prepare. “At this point this Board has now extended to the applicant and their counsel all the due process to which they are entitled,” Donovan said.
The Board then heard a series of routine variance requests and approved them by unanimous roll calls. John and Elena Petrolese sought an area variance to replace an existing side-yard deck, reducing it from 7 by 12 feet to 6 by 12 feet; John Petrolese said, “All we want to do is replace the existing deck.” The Board concluded the replacement is insubstantial and approved the variances, noting the action is classified as a SEQRA Type 2.
Michael Collado, owner of a property on Hammond Lane, asked to place a 10 by 12 accessory building in a front yard on a lot that has two front yards. Board members observed similar existing sheds nearby and approved the variance as not precedent-setting.
Andrew and Christine Lupien requested permission to keep a 10 by 16 accessory structure on a corner lot with two front yards. The Board discussed visibility, neighborhood character and topography, found no adverse effects, and approved the variance unanimously.
A held-over application for David Depuy involved converting a single-family house into a two-family unit and adding a living-room addition. Board members noted an inconsistency between the application’s environmental form (EAF), which listed a 12-by-12 addition, and plan materials; using the Board’s scale the applicant’s representative confirmed the addition measures 16 by 18 feet. After reviewing the five area-variance factors, the Board unanimously approved the requested variances.
The Board approved the previous month’s minutes, exchanged farewell remarks for Mr. Bell and confirmed the August meeting is canceled before adjourning at about 7:42 p.m.
What happened next: All approved variances and the DiLemme deferment will be reflected in the Board’s written decisions and any applicable referrals to the Building Department or Planning Board. The DiLemme public hearing will resume at the Board’s June meeting.
