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Town of Newburgh Planning Board approves Happy Tree cannabis dispensary with conditions

Town of Newburgh Planning Board · September 4, 2025
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Summary

The Planning Board on Sept. 4 approved an amended site plan and special-use permit for Happy Tree Retail Cannabis Dispensary at 99 Route 17K, contingent on ARB signage approval, traffic consultant sign-off for DOT concerns and submission of the state cannabis license.

The Town of Newburgh Planning Board unanimously approved an amended site plan and special-use permit on Sept. 4 for Happy Tree Retail Cannabis Dispensary, a proposed change of use at 99 Route 17K in the IB zoning district. The approval was granted with several conditions including Architectural Review Board (ARB) sign-off, a traffic-consultant confirmation that State Department of Transportation (DOT) concerns have been addressed, final plan corrections and submission of the applicant's state license.

Tiffany McPhail, CEO of Happy Tree Dispensary, told the Board she plans to convert an existing smoke-shop storefront into a retail cannabis dispensary with only interior modifications. "I'm opening a retail dispensary at 99 Route 17K. I'm not making any changes to the existing structure, only internal for the dispensary," McPhail said. Architect Jonathan Moss added the use is not expected to materially change traffic from the previous retail operation and described limited site lighting and sign updates.

The project drew members of the local cannabis business community. Matt Garzia, COO of MF&Y and co-chair of the Orange County Chamber Cannabis Committee, urged approval and described the economic benefits he associates with the industry: "This is going to create a massive economic benefit for the Town of Newburgh," he said, citing typical dispensary employment and sales figures. Heather Bell, president and CEO of the Orange County Chamber of Commerce, and Holly Moyseenko-Wright, a chamber committee member, also voiced support and praised the applicant's compliance efforts.

MH&E planner Pat Hines told the Board the action is SEQRA Type 2 but noted the site sits on New York State Route 17K and DOT had requested additional traffic information as a courtesy. Hines recommended that any approvals be conditioned on the Town traffic consultant's coordination with DOT to confirm outstanding questions are resolved. Board counsel Dominic Cordisco recited recommended conditions including ARB sign approval and the requirement that "the applicant has to provide a copy of the license that she received from the Office of Cannabis Management." He also advised that the special-use permit would track the state license and would expire if the state license lapses.

After conditions were read into the record, Board member Dave Dominick moved to approve the amended site plan and special-use permit; Stephanie DeLuca seconded. The Board voted by roll call with all members present voting "Aye." Chairman John P. Ewasutyn said Pat Hines will send a sign-off letter once conditions are met and the site plans can be signed.

Next steps: the applicant must provide a copy of the Office of Cannabis Management license, complete required plan corrections, secure ARB sign approval and obtain confirmation from the Town's traffic consultant that DOT concerns have been addressed before final sign-off.