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Neighbors and supporters clash as Newburgh ZBA continues hearing on DiLemme & Sons’ residential operations
Summary
A crowded ZBA hearing featured sharply divided testimony over whether DiLemme & Sons’ masonry business qualifies as a lawful preexisting nonconforming use; neighbors alleged sustained truck traffic, dust and late-night work, while longtime residents defended the family business. The board continued the hearing to Feb. 26 to review historical zoning records.
The Town of Newburgh Zoning Board of Appeals on Jan. 22 heard more than two hours of testimony in a contested case over whether DiLemme & Sons — a masonry and concrete contractor operating from a 1.2-acre property off Route 300 and Strawridge Road — should be treated as a lawful preexisting nonconforming use or subject to enforcement.
Applicant counsel Taylor Palmer told the board the business began in the early 1980s and that the company’s basement office, detached workshop and parking have historically been part of the property’s use. "We are merely seeking an interpretation from your Board that this is a legal nonconformity," Palmer said, asking the ZBA to either find the use lawful under historical codes or, if not, to grant area or use variances for employee counts and commercial-vehicle parking.
Board attorney David Donovan framed the legal threshold for members: the central question is whether the use was legal at its start in the 1970s–1980s zoning framework. "The first thing you need to decide is was this use legal when it started," Donovan told the room, urging the board to focus on the documentary record rather than personal judgments about the parties.
Residents who live on Strawridge Road and nearby streets delivered sharply critical evidence. Kayla Pillitteri said the operation was more than administrative: "The business is not an administrative facility. It is constant construction all day, every day starting normally before 6 a.m. and continuing until 8, 9 p.m.," she told the board, and offered video the neighbors had recorded of rebar cutting, cranes and trucks. Other commenters described repeated early-morning deliveries, trucks blocking a narrow residential street, pressure-wash runoff and dust drifting onto neighboring properties.
Supporters of the DiLemmes — several neighbors who have lived near the property for decades — described a different experience. "I've been their neighbor sixteen years. For me, I don't have a problem," Steven Diaz told the board; longtime local business owners also spoke in favor of the family’s long-standing presence.
Counsel for the applicant said they would submit historical zoning codes (they had filed FOIA requests) and additional documentary evidence including photographs and letters of support; they also proposed alternative variance relief if the board does not find the use lawful. Multiple public commenters said they had already provided video and written material to the town.
Given the conflicting testimony and incomplete documentary record, the board voted to keep the public hearing open and continue the matter to its next regular meeting. Donovan advised attendees the continuation will be on the fourth Thursday in February — Feb. 26, 2026 — and reminded the public that tonight’s hearing counts as formal notice.
What to watch next: Counsel for DiLemme & Sons is expected to supply the requested historic zoning materials and the applicant’s documentary package, including the videos referenced by neighbors; Code Compliance letters referenced in the hearing will also be reviewed by the board before the continuation.
Reporting note: Quotes and claims are taken directly from the Jan. 22, 2026 ZBA hearing transcript; disputed claims remain unresolved pending documentary review.
