The Town of Newburgh water tower overlooking Interstate 84 may need to wait till next summer, 2024, in order to be repainted. The Town of Newburgh Planning Board members were not pleased with the delay in having the town landmark wait longer to be rehabilitated during their August 17th meeting.

The water tower along I-84 has come up in conversation as a part of a proposed project for a new Starbucks location looking to be built next to the KFC located along Route 32 in the Mid-Valley Mall Plaza. Since the project was last presented, the planning board declared its intent for lead agency.

The proposed building is a 2,600 square foot Starbucks storefront that would feature an outdoor seating patio for the customers along with a two lane ordering point that would convert into a one way drive-through. The project would be built on an existing lot line that has been identified running through the site, but the site itself is considered per town code as a unified shopping center.

Steve Wilson of Bohler Engineering returned Thursday night along with Jack Rosencrans, Vice President, Redevelopment at DLC Management Corp representing the Mid-Valley Starbucks. DLC Management Corp owns the Mid-Valley parcel where the project was proposed and explained to the planning board why the delay in the painting of the water tower.

“I know that our intention was to paint the water tower this past summer, this current summer; as we were preparing for that, I’m sure Steve mentioned to you, we just completed a lot of OSHA (Occupational Safety and Health) and safety repairs to the tank,” said Rosencrans. “In terms of logistics of getting it done to get our tenant and tenant seller antennas off the building, they require six months notice, and so the whole schedule is anticipated to be done next summer.”

Rosencrans said that a contractor for the specific type of painting and work needed to be done on the tower has been identified and a timeline has been identified, but DLC is still awaiting a confirmation. In addition to the confirmation, a nonrefundable payment of $150,000 from DLC would be going towards the painting of the tower, as DLC intends to fulfill that commitment to the town.

Planning Board Attorney Dominic Cordisco provided further clarification on the matter and what happened prior to the application being before the planning board.

“The history of what happened here is that this tower was up for a recertification, which happens every five years. There was a request that was processed last year, and the representation that it was going to be painted this past summer was made at that time,” Cordisco said. “The [planning] board processed that recertification last year, with the understanding that that was going to take place.”

With the water tower painting delayed, the completion of painting was discussed Thursday night as a potential condition of final approval. When Rosencrans inquired about certificates of occupancy, Planning Board Chairman John Ewasutyn told him that the town building department does not issue these certificates until completion of what was agreed upon. As an example, if the building was completed but the tower was not yet painted, then again no certificate of occupancy would be issued. Patrick Hines of MHE Engineering concurred with Ewasutyn’s comments regarding certificates.

The planning board also inquired about adding additional sidewalks along North Plank Road and along the access road that runs near the site. While the applicant sees the project as costly to their plan, the planning board sees the addition as an improvement to walkability for town residents overall.

“There’s a lot of slope there to deal with, and that would be a very expensive sidewalk,” said Wilson. “We’re bringing people to basically the state road, not giving them anywhere to go from there.”

“We’ve heard that on other projects, and we’ve had great success in linking up sidewalks on state highways in town,” said Hines. “People do walk there. The board members have seen people walking there.”

As per Newburgh Zoning Code Section 185-57, the planning board approved a favorable report determination. “A favorable report shall in no way imply immediate or eventual approval status,” said Cordisco. “It is merely intended to convey to the applicant the relative assurance that the development as conveyed is basically conforming to the Master Plan in the Town of Newburgh and its implementing land use regulations, with or without suggested modifications.”

MHE comments have noted no escape for the drive-through area; a City of Newburgh Flow Acceptance letter will be required; parking calculations have been submitted; and the applicant will need to review the location of menu boards. The project is subject to Architectural Review Board review and approval, and no other determinations were made Thursday night.