Pending approval from the Federal Aviation Administration, the proposed Food Bank of the Hudson Valley Warehouse has received a height variance from the zoning board of appeals.

Engineer Jay Samuelson, representing the applicant, sought a dimensional regulations variance from the ZBA at last week’s meeting to clear the way for a warehouse 45 feet in height, exceeding the existing height limit of 35 feet. Samuelson said the 40,000 square-foot facility would stack food in five racks and still allow for a roof line and fire protection. Stacking the food in that manner, he explained, allows construction on a smaller footprint.

One wrinkle, it was noted, is the property’s proximity to the Orange County Airport. The proposed warehouse, near the intersection of Routes 211 and 416, is not directly in the airport’s flight path, but has a close enough proximity to require FAA approval. Samuelson said the application has been filed with the FAA, and questions have been answered. They are simply waiting for approval.

Attorney Marcia Jacobowitz said the proposed facility would serve six counties, with food arriving via truck from The Regional Food Bank in Latham, NY. The Food Bank has a smaller facility in Cornwall that it has outgrown.

It is estimated that nearly 179,000 low- to moderate-income New Yorkers in the Hudson Valley are currently receiving food assistance. The federal Community Development Block Grant CARES Act funding was allocated to states to support community projects that address pandemic-related health and safety issues and improve public services.

This past spring, the project was awarded a $10.7 million grant through the Community Development Block Grant CARES program administered by New York State Homes and Community Renewal. Due to the economic impact of the COVID pandemic, the demand for food assistance across the Hudson Valley Region grew substantially and the Food Bank of the Hudson Valley outgrew its current facility. Though the project is physically located within the Village of Montgomery, the grant application was filed by the Town of Montgomery.

At last week’s hearing, Union Street resident Timothy Mahoney voiced some concerns about drainage and truck traffic

“The village has had a drainage problem for years,”Mahoney said.

Samuelson said the drainage will flow towards the Wallkill River and not into the village. He also noted that truck access is not through the village, but from the New York State Thruway and Interstate 84, via County Routes 99 and Route 416. He said two or three trucks will come down from Latham each week.

ZBA Chair Randy Wilbur cautioned that with two members (Charles LaRocca and Kyle Wykle) absent, there was barely a board quorum. Thus any votes would requires unanimous approval from the three board members present in order to pass.

The motion to approve the variance, however, passed unanimously, contingent upon positive feedback from the FAA.