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Neighbors, homeowners and ZBA debate Odell Circle garage that would reach Town right‑of‑way; hearing deferred

Town of Newburgh Zoning Board of Appeals · April 24, 2025
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Summary

Homeowners Bill Lynn and Lori Frank sought variances to build a small front‑attached garage that would reach within about 1.2 feet of the Town right‑of‑way. Supporters cited convenience and neighborhood precedent; board members raised concerns about precedent and potential Town excavation. The board deferred a decision for up to 62 days to review prior variances and related records.

Charles (Charlie) Bazydlo, representing homeowners Bill Lynn and Lori Frank, told the Town of Newburgh Zoning Board of Appeals that the couple wants to build a 21.5-by-26-foot attached garage at 48 Odell Circle and had reduced the design after earlier feedback.

Bazydlo said the proposed garage would come within about 1.2 feet of the recorded Town right‑of‑way but that the pavement and utility lines are set well inside that recorded line, providing a buffer. He added the design was trimmed from an earlier submission and that the architecture would match the house.

Board members and residents pressed the applicants on precedent and snow‑plow impacts. Chairman Darrin Scalzo and Member Gregory Hermance noted neighboring houses with garages close to the right‑of‑way and said Town crews have not widened that road in decades. Several neighbors—Greg Langer for the Orange Lake Homeowners Association, Alfred Bockemuhl and Pete Somogyi—spoke in favor, saying similar garages exist and that the proposal would aid older residents with snow removal.

Member Donna Rein, Mr. Bell and others expressed concern that approving this application could set a precedent allowing future buildings closer to the right‑of‑way. Town counsel David Donovan reminded the board to apply the five statutory area‑variance factors (benefit achievable by other means, detriment to neighborhood, substantiality, physical/environmental effects, self‑created difficulty).

After public comment and questions, the board voted to close the hearing and to defer a final determination to the May meeting so members could review minutes and records for prior variances granted in 2000 and 2005. The board asked the applicants and counsel to provide copies of earlier variance approvals and any relevant drawings before the next meeting.