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ZBA continues DiLemme nonconforming-use hearing to September after survey remains preliminary
Summary
The Town of Newburgh Zoning Board of Appeals continued the public hearing on DiLemme & Sons’ request to treat existing commercial improvements as a legal nonconforming use and to grant area variances, after the applicant’s survey arrived in preliminary form. The Board unanimously voted to keep the hearing open and adjourn the matter to September.
The Town of Newburgh Zoning Board of Appeals on July 23 kept the public hearing for Nick and Jennifer DiLemme (DiLemme & Sons, Inc.) open and adjourned the application to the Board’s September meeting because the applicant’s survey remains in preliminary form. Chairman Darrin Scalzo said the Board had requested a survey showing what was permitted in the 1980s and that the board would prefer to see a final document before making a determination.
Applicant counsel Dan Conant told the Board, “Yes, we do have the survey in preliminary form,” and said field monuments were missing, forcing the surveyor to expand the search area and use a drone to determine exact boundaries. Resident Danielle Corollo, who lives on Strawridge Road, asked how the Board would compare a 1980 permit to later satellite photos if the physical improvements shown differ from the written permit; Chairman Scalzo replied the Board must rely primarily on written application materials and the survey to resolve such questions. The Board voted unanimously to keep the hearing open and continue the matter to September.
