Town of Newburgh Zoning Board approves several variances, denies a garage plan and keeps larger site projects open for more review

The Town of Newburgh Zoning Board of Appeals spent most of its June 27 session weighing requests that ranged from modest residential variances to large commercial development proposals.

The board approved area variances for several applicant requests that were described as modest or in‑kind with neighborhood patterns. Colette and Faith Drouin received approval to combine two Spencer Avenue lots and build a single‑family house after presenting plans and answering questions about drainage and grading; Colette Drouin said the contractor “has a plan with regard to the height of the house itself and how the water will continue to run the way it is,” and Code Compliance confirmed grading and drainage will be checked during permitting. Deanna and John Saunders won variances for a rear addition, porch and garage conversion on Briarwood Crescent after neighbors spoke in support, and a request by Larry Simmons to raise the roof and add a second floor to a preexisting accessory building on Lakeside Road also passed.

A proposed garage for William Lynn at 48 O’Dell Circle was the meeting’s most contested residential item. Board members and the applicant discussed alternative designs and precedent for allowing structures close to the street right‑of‑way. After debate that included questions from Mr. Politi and a long statement from Chairman Darrin Scalzo about setting a neighborhood precedent, a motion to approve failed on a 4‑to‑2 vote (Mr. Bell and Mr. Eberhart voting yes; Mr. Hermance, Mr. Masten, Mr. Politi and Chairman Scalzo voting no), and the variance was denied. Chair Scalzo urged Mr. Lynn to consider redesign options and noted the board can require the minimum variance necessary.

Two larger commercial proposals were not decided. Attorneys and engineers for a proposed QuickChek convenience store and fueling station at 2 Lakeside Road presented site plans and argued that wetlands and State Department of Transportation rules limit placement and access; engineer Zachary Chaplin said DOT would not allow access on Route 17K and requested all drive access be on Lakeside. The board kept that public hearing open and asked the applicants for a short, plain‑language traffic executive summary, clarification from DOT about signage visible from I‑84, and fuller circulation/stormwater documentation before the next hearing. Opponents including a representative for a nearby ice rink and operators of existing stations argued the project raises traffic, environmental and competitive‑market concerns.

A proposed three‑story self‑storage complex behind the Route 300 retail site (the property behind Cosimo’s) likewise drew detailed review. Because the developer is subdividing property lines and the new lot geometry would change front/rear yard calculations, the application triggered variances for building orientation, materials, rear yard setback and height (the self‑storage code point limits some storage buildings to 15 feet but the applicant sought up to 40 feet for a three‑story structure). The board kept that hearing open for the July meeting and asked for additional materials and the county review required by General Municipal Law 239.

Smaller, mostly procedural items were handled: a lot‑line adjustment for Colandrea Road (Lawrence Realty / Bianco) was approved; the replacement of an older convenience store at 689 Route 32 (EK Dant / 32 Express) will require coordinated SEQRA review with the Planning Board and several environmental/technical studies before the ZBA can act; the board also issued an interpretation allowing the newly built Jehovah’s Witness facility on Old Little Britain Road to be treated, for sign purposes only, like a professional office and approved monument and building signage as requested.

What’s next: the board left major commercial matters open to allow the applicants to provide the requested additional plans, traffic summaries, DOT/signage confirmations and to complete any County/Planning Board coordination required by SEQRA. Several contested items will return to the July 25 agenda.