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Board refers EV-charger plan on Route 17K to ZBA and Orange County after technical and habitat concerns

Town of Newburgh Planning Board · May 7, 2026
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Summary

The Planning Board on May 7 referred an amended site plan for two EV chargers at 100 Route 17K to the Zoning Board of Appeals for bulk/lot-size relief and to Orange County Planning; town staff flagged endangered-species habitat and on-site monitoring wells as issues to resolve.

The Planning Board on May 7 reviewed an initial appearance for an amended site plan to install two high-power EV chargers at a Route 17K gas-station property and voted to refer the application to the Zoning Board of Appeals and to Orange County Planning.

Applicant Kenn Suarez said the project proposes two high-power chargers, an ADA-accessible five-foot island for charger use, bollards and screen landscaping; conduits will be installed to allow a future third charger if the owner elects to add it later. "We're going to create five-feet island for people to use them," Suarez said, describing the small footprint adjustments in the parking area.

Town Code Compliance reported a bulk-table/bulk-deficiency that requires ZBA review; Pat Hines noted the EAF identified potential habitat for threatened species — the upland sandpiper and the Indiana bat — and suggested coordination with the DEC Natural Heritage Program to review timing or avoidance measures. Hines also called out numerous monitoring wells on the site and asked that the applicant clarify construction impacts on those wells. Because the site fronts a state highway, the application will also be referred to Orange County Planning under Section 239.

The Board authorized a referral package to the Zoning Board of Appeals for lot-size/bulk relief and/or interpretation of the Town’s 35-foot landscaping buffer requirement, and separately voted to transmit the application to Orange County Planning for their review. The Board recorded unanimous affirmative roll-call votes on the referrals.

Next steps for the applicant include correcting the application to the IB zoning designation, updating the bulk table, showing relocated air pumps and vacuum equipment on the plan, and coordinating a DEC Natural Heritage review for the habitat concerns. The applicant was asked to provide adjoiners' notices and to work with Town staff to resolve engineering and code comments.