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Planning Board approves site plan and ARB for 5148 Route 9W, issues conditions and negative declaration

Town of Newburgh Planning Board · October 16, 2025
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Summary

The Town of Newburgh Planning Board waived a public hearing, issued a negative declaration under SEQRA, and approved site-plan and ARB applications for 5148 Route 9W (application 24-18) with conditions to address technical comments, signoff of an access/parking easement, and compliance with ZBA conditions.

The Town of Newburgh Planning Board unanimously approved site‑plan and Architectural Review Board (ARB) actions for 5148 Route 9W on Oct. 16, granting conditional approval after waiving a public hearing and issuing a negative SEQRA declaration.

David Niemotko, the applicant’s architect, said recent submissions addressed prior comments, including septic reports and pavement/striping details. Jim Campbell of the Town’s Code Compliance office reminded the Board that several variances related to the site had been granted by the Zoning Board of Appeals in July and that building permits are required for previously constructed additions and interior work; he noted signs were being pulled from this application.

Pat Hines of MH&E reported that septic systems were excavated, camera‑inspected and flow‑tested; he said the systems are functioning with minor deficiencies and recommended a negative declaration. He also confirmed submittal of a survey and that an access and parking easement had been provided for review.

Following discussion, the Board voted to waive a public hearing, adopted a negative declaration, and granted approval with conditions set out by Planning Board Attorney Dominic Cordisco. Cordisco said conditions include addressing Mr. Hines’s technical comments, approval and recording of the access and parking easement, compliance with the negative declaration, and adherence to the ZBA’s conditions. ARB review of building appearance will be deferred with language requiring the applicant to maintain the integrity of the existing facades; any significant deviation could be reviewed by the building inspector and referred back to the Planning Board.

Niemotko acknowledged that some work on the addition had been started and that a violation was issued; he said the work will be addressed through the building‑permit process.

What happens next: The applicant must address outstanding technical comments, finalize and record the access and parking easement, obtain necessary building permits, and comply with the conditions tied to the negative declaration and ZBA approvals.