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Planning Board waives public hearing for 5148 Route 9W renovation after ZBA hearing had no public comment

Town of Newburgh Planning Board · August 21, 2025
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Summary

The board unanimously agreed Aug. 21 to waive a Planning Board public hearing for a site plan renovation at 5148 Route 9W, noting the Zoning Board of Appeals had held a prior hearing with no public speakers; staff required updated EAF, adjoiners' notices and permitting details.

The Town of Newburgh Planning Board on Aug. 21 voted unanimously to waive a Planning Board public hearing for a site plan application at 5148 Route 9W after members noted the Zoning Board of Appeals had held a mandatory hearing on related variances with no public comment.

David Niemotko, the applicant’s representative, described a renovation and parking changes intended to preserve front facades and address off‑street parking; he said the ZBA granted variances for three parking spaces. Jim Campbell, code compliance, reminded the board that building permits are required for the addition and for interior work, that ARB review will be required for signage, and that applicants must provide complete information including a revised EAF.

Pat Hines of MH&E asked that adjoiners' notices and an updated EAF be circulated and noted septic locations, two‑way access, and a parking easement that will require review by the Town attorney. Planning Board Attorney Dominic Cordisco said the Planning Board can exercise discretion to waive the public hearing because the ZBA had previously conducted a mandatory public hearing and no one spoke.

Following discussion the Board polled members and unanimously voted to waive the Planning Board public hearing for this renovation; staff will pursue county referral, updated EAF and adjoiners' mailings as needed before final action.