ZBA allows front-yard occupancy for proposed dispensary and rules no exterior locked dumpster required when waste is stored and retrieved by licensed handlers

The Town of Newburgh ZBA on March 26 approved a front-yard setback variance for a proposed cannabis dispensary at 254 Route 17K and issued an interpretation of local cannabis waste rules that the board said removes the requirement for a locked exterior dumpster when product remains secured on-site and is retrieved by licensed distributors.

Joseph Minuta, architect for the applicant, explained dispensary operators typically retain unsold or waste product in locked internal areas and then return it to licensed distributors or route it to a DEC-permitted facility. Minuta said the Town’s code requires lockable exterior receptacles only where waste is staged outdoors; because the dispensary intends to keep discarded product inside a secured area and have licensed handlers remove it, Minuta asked the board to accept that interpretation.

Town counsel David Donovan and Code Compliance officer Joseph Mattina discussed Chapter 185 and the town’s adoption of Office of Cannabis Management (OCM) guidance; the board concluded the interpretation that an outdoor locked dumpster is not required for on-site secured product that will be retrieved by licensed distributors was consistent with state and local rules, and the board approved the setback variance following the standard five-factor analysis.