Village of Fishkill
Zoning Board of Appeals Meeting
October 23, 2014
Chairman Tom Brooks opens the meeting at 7:00 p.m.
Present: Tom Brooks, Tom Newhard, Dan Roberto, Terry Palumbo, John Depew and alternates Greg Gomes and Ann Trost. Also present: Anthony Brozier, Village Board Trustee and Liaison to the Zoning Board, Sarah Brown, Village Planner, Victoria Polidoro, Attorney and Don Van Nostrand, Secretary.
John Depew makes a motion to approve the minutes for the September 25, 2014 meeting. Motion seconded by Terry Palumbo Votes for: 5 Votes against: 0 Motion carried.
Chairman Tom Brooks announces that there are no public hearings tonight. At last month’s meeting the public hearing for Jackson Crossing variance application was closed and tonight’s meeting is being held to discuss the requested variances for this project by the board.
Chairman Brooks reviewed the four variances, three of the variances are area variances, a variance to allow a front yard setback of 39 feet where 40 feet is required, a variance to allow a side yard setback of 28 feet where 40 feet is required, and a variance to allow a rear yard setback of 33 feet where 40 feet is required. Also, a density variance to allow a density of 18 dwelling units per acre where 14 units per acre are allowed, that is an addition of 6 dwelling units on the site. The chairman reminded the board that the three set back variance changes were necessary due to the changes in the original proposal. Those changes were requested by the Planning Board after recommendation by Dutchess County Planning. As far as the density variance is concerned the board is looking at whether the six additional units should be allowed.
Jackson Crossing LLC - 71 and 75 Jackson St - Area Variance Application
Applicant: - Kelly Libolt - KARC Planning Consultants
As requested by the board, Kelly Libolt representative for the Jackson Crossing, LLC presented the initial plans without variances and then the current plans with the variances.
Sarah Brown, Village Planner read her comment letter (on file) addressing the requested variances.
Attorney Victoria Polidoro suggested that the findings report be read to the board.
Sarah Brown, Village Planner read the findings report (on file).
After a lengthy discussion by the board on the findings report Chairman Brooks read the resolution (on file).
Attorney Victoria Polidoro informs the board that a motion could be made to adopt the resolution which would grant approval for all four requested variances.
Chairman Brooks entertains a motion to accept the resolution as read.
Terry Palumbo makes a motion to accept the resolution as read. Motion seconded by John Depew. Votes for: 5 Votes against: 0 Motion carried.
Tom Newhard voiced a concern on the tree landscaping along the property line and asked for an amendment to the motion.
Attorney Victoria Polidoro recommended to the board that instead of amending the vote on the resolution a second motion could be made authorizing the Chairman to send a letter to the Planning Board on the tree landscaping.
Chairman Brooks entertains a motion authorizing him to draft and send a letter to the Planning Board on the tree landscaping recommendation. So moved: Tom Newhard. Motion seconded by: Dan Roberto. Votes for: 5 Votes against: 0 Motion carried.
Chairman Brooks announced that the Vanikotis application at their request has been postponed to the next meeting which is scheduled for December 4, 2014.
Chairman Brooks entertains a motion to close the meeting. So moved: John Depew. Motion seconded: Dan Roberto. Votes for: 5 Votes against:0 Motion carried. Meeting adjourned.
Donald Van Nostrand
Zoning Board Secretary