Newburgh ZBA approves multiple residential variances, sign setback and Spark Car Wash plan

The Town of Newburgh Zoning Board of Appeals on Oct. 24 approved a series of area variances affecting single-family properties and commercial sites, and denied a property owner's bid for an interpretation that would have exempted a cribbed dock from building-permit requirements.

The board approved variances for several homeowners seeking to replace or enlarge decks and add second-floor space: Jose Otavalo Contreras of 3 Becks Lane won approval to add a second story after the board concluded the change would not harm neighborhood character. Michael and Stephanie Way received permission for a 14-by-24 pool deck at 8 Chads Ford Lane. Capital Property Buyer, LLC (102 Fern Ave.) was allowed to retain and replace multi-level decks built without permits and to add a 10-by-20 rear deck. Christopher Lloray got a variance to enlarge an accessory building on North Dix Avenue. Motions to approve those variances carried unanimously.

The board also granted a sign-area and setback variance for Lite Brite Signs on behalf of Sunbelt Rentals at 226 Route 17K. The applicant requested reduced monument-sign setback from the right-of-way; the board approved a 5-foot setback while asking the applicant to work with the Building Department to push the sign back if practical.

Separately, after presentations from engineers and traffic consultants, the board approved Spark Car Wash's site plan at 1227-1229 Route 300. Applicants said the facility will use a closed reclaim system that filters and returns wash water and sends process effluent to the sanitary sewer; traffic studies and on-site stacking analyses were presented to show the three ingress lanes and 16 stacking spaces will keep queues from blocking the driveway. The Town acknowledged DOT approval of driveway geometry and instructed applicants to pursue highway-occupancy permits.

One notable decision went against a property owner. Kurt E. Johnson asked the board to interpret Section 185-48.3 of the Town code to mean his cribbed dock did not need a building permit. After extended questioning by board members and Code Compliance, the board denied Johnson's interpretation and upheld the Building Department's stop-work order, finding a permit is required for the structure as built.

The board closed the public hearing items, approved the October minutes and adjourned. For each approved variance the record shows motions, seconders and unanimous affirmative votes from members Darrin Scalzo (chair), James Eberhart Jr., Gregory M. Hermance, John Masten and Donna Rein.

Votes at a glance - Jose Otavalo Contreras (3 Becks Lane): area variances approved; motion Mr. Eberhart; second Mr. Masten; vote 5-0. - Michael & Stephanie Way (8 Chads Ford Lane): rear-yard setback approved; motion Ms. Rein; second Mr. Hermance; vote 5-0. - Capital Property Buyer, LLC (102 Fern Ave.): deck variances approved; motion Mr. Hermance; second Mr. Eberhart; vote 5-0. - Christopher Lloray (111 North Dix Ave.): accessory structure variance approved; motion Ms. Rein; second Mr. Hermance; vote 5-0. - Lite Brite Signs / Sunbelt Rentals (226 Route 17K): sign variances and 5-foot ROW setback approved; motion Mr. Hermance; second Ms. Rein; vote 5-0. - Richard Cavellero (11 Copper Rock Rd.): amended accessory-building application approved after the applicant reduced dimensions (approx. 38'x30', height ~20'2.75"); motion Mr. Masten; second Ms. Rein; vote 5-0. - Spark Car Wash (1227-1229 Route 300): site plan and associated variances approved; motion Ms. Rein; second Mr. Hermance; vote 5-0. - Kurt E. Johnson (40 Old South Plank Rd.): request for interpretation denied; motion Mr. Hermance; second Mr. Eberhart; vote 5-0.

What happens next Applicants with approvals were instructed to work with the Building and Code Compliance departments on final drawings, permit applications and, where applicable, follow-up Planning Board referrals or highway-occupancy permits for Route 300 work.