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Planning Board refers retail cannabis application to ZBA amid setback and parking issues

Town of Newburgh Planning Board · August 1, 2024
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Summary

JJSK Inc. seeks to convert a 165 South Plank Road storefront into a licensed retail cannabis dispensary; the Planning Board directed a referral to the Zoning Board of Appeals for multiple area variances, including parking and potential proximity to recreational facilities.

The Planning Board on Aug. 1 directed counsel to prepare a referral to the Zoning Board of Appeals for JJSK Inc.’s proposed retail cannabis dispensary at 165 South Plank Road (project 2024‑23).

Attorney Joseph Saffioti said his client has a state retail license tied to that location. The existing building has three tenant spaces; the tenant proposes to occupy the center storefront. The plan as submitted lacks required parking (31 existing spaces versus 40 required by code) and will need area variances for lot area, lot width, front/rear/side setbacks and parking. The applicant said signage would reuse existing locations and that security measures (air‑lock entrance, ID checks, on‑site security) will meet state standards.

During the Board’s review, Pat Hines noted the site’s bulk table and enumerated the variances needed. Counsel and staff raised a potential code issue: the code prohibits cannabis retail locations within 500 feet of certain community facilities. The Town’s review suggested the proposed site may be within 500 feet door‑to‑door of Tarsio Lanes (recreational use), so the Board asked that the referral to the ZBA include an interpretation request or variance addressing that proximity question.

Outcome: The Board voted to refer the application to the Zoning Board of Appeals and to hold off on Orange County referral until variances are resolved.