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Planning Board waives site‑plan review for 223 South Plank Road, allowing commercial use
Summary
The Planning Board voted Feb. 19 to waive site‑plan review under the zoning code for 223 South Plank Road, allowing recognition of the parcel's commercial use without a full site‑plan review; building permits and Certificate of Occupancy will still be required.
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The Town of Newburgh Planning Board voted unanimously Feb. 19 to waive formal site‑plan review for the property at 223 South Plank Road, allowing the existing structure to be used commercially without the full site‑plan process.
Applicant representative Darren C. Doce told the Board the parcel is an 8,400‑square‑foot site containing a 1,100‑square‑foot building that has been used commercially; the owner purchased it in 2003 believing it was approved for commercial use. Doce said no exterior improvements are proposed and requested the Board use the zoning code exemption for buildings under 25,000 square feet.
Pat Hines cited Zoning Code Section 185.56(B) as a basis for the Board’s discretion to waive site‑plan review for structures under the 25,000‑square‑foot threshold. Planning Board attorney Dominic Cordisco advised the Board to acknowledge the waiver under Section 185-10 and New York State Town Law; Cordisco said waiving site‑plan review could remove the need for a zoning variance in this instance because no formal action would be required before the Town.
The Board moved to grant the waiver (motion by John Ward; second by Cliff Browne) and voted by roll call; all members voted "Aye." Town Code Compliance noted the property will still require building permits and a Certificate of Occupancy for the conversion.
Actions at a glance: The Board approved a waiver of site‑plan review for 223 South Plank Road (project 26‑05). No variances were required, but the applicant must obtain building permits and a Certificate of Occupancy.
