4/01/13 Village Board Workshop

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April 1, 2013

Mayor opens public hearing for Bill C-2013, a proposed local law prohibiting for six months the demolition of and the issuance of demolition permits for structures located within the Village of Fishkill Historic Preservation Overlay Zone or listed on or eligible for listing on the State or National Register of Historic Places.

Mayor gives summary of proposed local law and enters into the record letters from Diedre Lynch and Maribeth DiLorenzo who both are stating they are in support of the proposed local law (on file)

Mayor states that the remainder of the escrow money has been returned, as requested by Jackson Crossing.

Mayor opens floor for public comment

Stephanie LaRose, 206 Crystal Hill Lane, Poughkeepsie speaks on subject not pertaining to proposed local law, Mayor asks her to just speak on topic of public hearing. She states that she is in favor of the proposed local law

Alison MacAvery, Dutchess County Legislator reads letter (on file) into record regarding preservation of Jackson house, Mayor asks her to stay on topic of public hearing. She states she is in favor of the proposed local law

Dora Shevak, Weston Avenue asks what form of preservation will be taken, during the 6 month moratorium, of the Jackson House

Mayor states that there are zoning laws regarding maintenance of property that are in effect. 

Mayor: All of these laws, you have to understand, that we have to do it legally, we do it within the constitution so that we don’t infringe on property owners rights, not just that property owner, but every property owner in the Village of Fishkill. We have to tread carefully when we are doing these laws, it maybe seems like we’re working slowly, but it’s because we have to make sure that we do it correctly and protect the Village from lawsuits and from and Article 78, which then takes the Village completely out of control and it puts it in the courts who could decide with the developer or property owner. So while we are focusing on, you’re focusing on the Jackson House, we have to focus on the Village and we can’t put in laws that are so restrictive to protect one thing, that we hurt the residents of the Village of Fishkill. So we have to balance that out, and that does seem frustrating, I guess, from the public’s point of view but, again, if we don’t do it correctly then we lose complete control.

Mayor: We put in place a law to address the demolition of historic houses, we had, I think, two very successful, 6 Broad Street they wanted to tear down; our engineer went in there and we tried to argue it so we hired an engineer that said “no that house is going to fall down, somebody’s going to get hurt” so we had  to..if you didn’t know any better you wouldn’t know that that house was not the original house.  But through  this application on the Jackson house, they helped us find some loopholes in the law that would have allowed them not to rebuild it the way that we wanted it and it would have allowed to not to have to rebuild it in the place that it is in. So that’s why we needed to take a step back and take a look at our law, in general, again we have not only Mr. Webb who wants to take down a house but 40 a&b Broad Street that the church has been asking to take down and we have been fighting with them on and off. So we’ve been fighting to save a couple houses in the last 5 or six years, and Jackson Crossing just happens to be one that got a lot of attention, but we’ve already been through a significant amount of attorney fees  trying to save the one on Broad Street, which we had to condemn because the house is in such bad shape and we’re working to try to keep them to maintain that so it doesn’t get to that point and they have been cooperative.  Then again, those types of laws are only as good as you get the cooperation of the property owner. Our laws can only be as strict as the Constitution allows.  I know that people may think that we are dragging our feet but its certainly not the case, we have certainly worked very hard to maintain the historic view of the Village.  I have to say I wasn’t a component of the trees coming down but I think it highlights the fact that, that house, where it stands is a beautiful focal point as you drive down Main Street; you couldn’t see it before as you do now.

Ann LaGoy, 14 Clove Road, Fishkill, questions if the house is moved off the foundation is it no longer under the guise of a historic building

Mayor: According to the State Historic Preservation, that house no longer has historic value as far as SHPO is concerned, because of all of the work and changes that have been done inside and the Stage III archeological dig that they did. The developer has a letter from SHPO saying that as far as they’re concerned it’s not a historical building that needs to be preserved. They’re the State people, its not that we say that. Like I said, there is no application and I am giving the check back; they are not an applicant and they have no ties and no intention on doing anything with the property further.

We had no control over the trees, they were not in the Village right of way, they were in the State and the County and they got permission from them to take them down

Jaime Machado, Weston Avenue states he is in support of the proposed local law.

Mary Brockway, Shirley Avenue comments on moratorium, letter on file

Suzanne Isaksen, 10 Windrift Lane, Walden in favor of the proposed local law and thanks the Board

John Gilman, 7 William St in support of the moratorium, is it renewable

Mayor: yes it can be extended.

Marilyn Coates, Weston Avenue asks to make sure the Jackson house is not allowed to deteriorate.

David Eberly, Fishkill, asks Mayor to update the public on the process of moving  through the moratorium.

Mayor states right now the attorney is working on rewriting the law based on the issues addressed and the next part the proposed law comes to the Board.  The law doesn’t say you have to replicate it in place.

Theresa Kraft, Beacon present to support the moratorium

No further public comments Mayor closes public hearing and opens workshop session


Pledge of Allegiance

Present: Mayor Miccio, Deputy Mayor Phillips, Trustees Ferrara, Newhard, and Brozier, Village Clerk Angela Arasim

Mayor entertains motion to adopt Bill C-2013 as Local Law 3-2013, So Move Deputy Mayor Phillips, Seconded, Trustee Newhard, discussion, none, all in favor, Aye.

Abstracts read:

Trust & Agency $32,554

Capital projects WWTP Generator $855

Rt 9 water sys improvement $2370

Cap Proj RH Generator $2199.51

Cap Proj Village Hall Renov $694

Sewer $8145.32

Water $11278.96

General  $58893.95

Mayor entertains motion to approve abstracts as read, So Move, Trustee Ferrara, Seconded, Trustee Brozier, discussion, none, all in favor, Aye, Opposed, none, carried.

Mayor entertains motion to approve the minutes of the March 18th meeting, So Move Deputy Mayor Phillips, Seconded, Trustee Newhard, discussion, none, All in favor, Aye. Motion carried

Deputy Mayor Phillips moves to authorize the agreement with Iseman, Cunningham, Reister & Hyde, LLP for David Wise services, Seconded, Trustee Newhard, discussion, none, All in favor, Aye. Motion carried

Mayor entertains motion to rescind the open container law for the block party on August 17th with a raindate of August 24th from 6pm to 10pm Main Street from Church St. to Robinson Street, So Move, Deputy Mayor Phillips, Seconded, Trustee Newhard, Discussion, none, All in favor, Aye. Motion carried

Mayor entertains motion to set public hearing for the budget on April 15th at 7pm, So Move Deputy Mayor Phillips, Seconded, Trustee Brozier, discussion, none, All in favor, Aye. Motion carried

Mayor announces that he has been in office for 14 years and plans on running again in June.

Mayor entertains motion to set a public hearing for a proposed local law to override the tax levy limit established in General Municipal Law §3-c on April 15th at 7pm, So Move,

Mayor entertains motion to approve engineering services not to exceed $15,000 with Lawrence Paggi, PE, PC for the proposed water distribution system improvements, So Move Deputy Mayor Phillips, Seconded, Trustee Ferrara, discussion, none, All in favor, Aye. Motion carried

Some public comments on catch basin on Jackson Street, parking on street by food pantry (unable to hear comments on tape)

Deputy Mayor Phillips moves to adjourn, Seconded, Trustee Ferrara, Discussion, none, all in favor, Aye.  Meeting adjourned at 7:50 pm


Submitted by



Angela Arasim, RMC, CMC

Village Clerk


Monday, April 1, 2013 - 19:00


Village Board

Type of Notice: