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ZBA approves variances for proposed 142 Route 17K cannabis dispensary

Town of Newburgh Zoning Board of Appeals · December 26, 2024
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Summary

The Zoning Board approved area variances tied to the change of use at 142 Route 17K to allow a retail cannabis dispensary despite several preexisting nonconforming conditions — side yards, parking shortfall (25 provided vs. 27 required), sign setback and an extra cargo container — concluding the project can proceed with variances.

Joseph Saffioti, speaking for CBD 420 LLC, told the board the existing multi-tenant building on Route 17K has preexisting nonconforming features and that the proposed dispensary will not change the site footprint: "nothing on the site is changing," he said, adding the existing freestanding sign would be re‑panelled for the new tenant.

Ray Van Voorhis, the project's architect, outlined that the front portion of the building (about 5,000 square feet) would become the retail dispensary while roughly 21,000 square feet in the rear remains in existing commercial use. He and Saffioti explained parking: the site provides 25 spaces but the code requires 27 for the new use; they said there is limited ability to add spaces because of existing layout and topography. The applicants also confirmed two cargo containers in the rear have been in place for decades and one is technically nonconforming.

No members of the public spoke at the hearing. Staff and the board noted the change of use triggered the Planning Board referral and confirmed the action qualified as Type II under SEQRA. After reviewing the five variance factors and the site's preexisting conditions, board member Donna Hopper Rein moved to approve the requested variances; James C. Politi seconded. The roll call recorded affirmative votes from Hermance, Masten, Politi, Rein and Chairman Scalzo; the motion carried.