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Is it a ‘facility’ or a building?

January 9th, 2013

The Newburgh Town Board wants to take a close look at Zoning Board of Appeals minutes involving an application the owner of Nella’s North has made to change the zoning of the property at 1430 Route 300 just south of Rt. 32 to allow for a storage “facility.”

The Town Board on Dec. 26 discussed the request the property owner has made to change the zoning to B from I-B. Accessory storage buildings (up to half of the original building capacity) are allowed in the B district but not in I-B.

The usage was denied by the ZBA and the property owner has sued in Justice Court, the board was informed. Councilman George Woolsey Sr. said he wanted to read the ZBA minutes before rendering a decision on the request. One of the questions raised by the Town Board was just what type of “facility” was being proposed.

During the ZBA hearing, the facility was actually a semi-trailer that was being used permanently on the grounds for storage purposes by the property owner. There was also considerable discussion by the ZBA of whether or not the owner was violating the town’s signage laws with signs on the trailer.

Councilwoman Elizabeth Greene and Supervisor Wayne Booth said they wanted a definition of “building” as far as the code is concerned. The matter was held over to a future meeting to allow additional time to study the request.

In other matters, the Town Board:
•Scheduled a public hearing for 7:15 p.m. on Tuesday Jan. 22 (the meeting normally would be on Monday, but that is Martin Luther King Jr. Day) to consider a request for a Caitlyn’s Way Drainage District;

• Approved a $111 T-93 (special animal account) payment to Flannery Animal Hospital and a $606.05 T-94 account withdrawal also to Flannery Animal Hospital. Both accounts are contributions from citizens used to pay veterinarian bills and do not involve taxpayer funds;

• Authorized the hiring of Raymond Garcia as a seasonal employee at a starting rate of $12 an hour, effective Dec. 27, 2012;

• Agreed to ask Albany attorney Elaine Gold to keep her rates for legal services in 2013 at 2012 levels. Supervisor Booth said several members of the Town Board had suggested he make the request;

• Approved seasonal ground maintenance by Rodney Brewer Landscaping at Chadwick Lake at a rate of $260 a week and of Lynn Warren Landscaping for additional properties outside Chadwick Lake at a rate of $275 a week;

• Approved the payment of $2,494 to David Smith of VBH (formerly Saccardi & Schiff) for adult-oriented use mapping services;

• Approved a water supply budget transfer of $373,000 from the inter-fund account to the Stewart Airport capital account for the repainting of the Stewart Airport water storage tank. The funds needed to be transferred during the 2012 budget year. Engineer James Osborne said that $500,000 has already been transferred to that account. Osborne said that the cost of painting the tank will be 55 to 65 cents per gallon for a 1.8-million gallon tank;

•Approved rolling over $10,000 towards a Town Hall sign. Councilwoman Greene said she has two estimates on the work so far and expects a third bid shortly;
• Approved “piggy-backing” on an upstate county’s very favorable bid for a truck the town wishes to purchase. Under a new state competitive bidding law such actions are permissible.


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