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Board refers Xterior Pro change‑of‑use and variances to Zoning Board, asks staff to forward to County Planning

Town of Newburgh Planning Board · April 2, 2026
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Summary

The Board authorized counsel to prepare a referral letter to the Zoning Board of Appeals for Xterior Pro (171 South Plank Road) after Code Compliance identified lot‑coverage, added garage and cargo container setbacks that will require variances; staff will prepare adjoiners' notices and submit maps to County Planning.

Jonathan N. Millen appeared before the Board for Xterior Pro’s initial appearance on a proposed change of use at 171 South Plank Road. Jim Campbell (Code Compliance) reported differences between the current site plan and the plan previously referred to the ZBA: a newly proposed 972‑square‑foot attached garage and a roof extension that create side‑yard and combined‑side‑yard nonconformities, a rotated cargo container projecting into required side‑yard setbacks, and parking/striping details that do not conform to Town standards.

Campbell asked for lot‑coverage calculations, corrected handicapped parking signage/striping and confirmation that the cargo container complies with municipal code. Counsel Dominic Cordisco suggested the Board authorize a ZBA referral letter prepared by the Planning Board attorney that would list the variances identified by Code and confirm the required details so the applicant will not have to return to the Board for a separate referral later.

The Board voted to authorize Cordisco to prepare the referral letter to the Zoning Board of Appeals, subject to inclusion of the missing details. Pat Hines will coordinate adjoiners' notices and, where appropriate, submit the referral to Orange County Planning to save time during the ZBA process. The Board also directed the applicant to provide revised site plans and address the Code Compliance items before ZBA hearings.

Next steps: applicant to resubmit revised site plans addressing the Code Compliance comments; Planning counsel will prepare the ZBA referral letter; staff will circulate adjoiners' notice and forward maps to County Planning and DOT where necessary.