Village of Fishkill
Zoning Board of Appeals Meeting
September 25, 2014
Chairman Tom Brooks opens the meeting at 7:00 p.m.
Present: Tom Brooks, Tom Newhard, John Depew, Terry Palumbo and alternates Greg Gomes and Ann Marie Trost. Absent: Dan Roberto. Also present: Angelo Ferrara and Anthony Brozier, Village Board Trustees and Liaisons to the Zoning Board, Sarah Brown, Village Planner, Victoria Polidoro, Attorney, Tom VanTine, Building Inspector and Don Van Nostrand Board Secretary.
Chairman Brooks announces that alternate board member Greg Gomes would be a voting member since board member Dan Roberto is absent.
John Depew makes a motion to approve the minutes for the August 28, 2014 meeting. Motion seconded by Terry Palumbo Votes for: 5 Votes against: 0 Motion carried.
Chairman Tom Brooks announces that there are two public hearings which are being continued from the last meeting held on August 28th.The two projects are Jackson Crossing, LLC located at 71 and 75 Jackson Street seeking an area variance and for Vanikiotis Retail located on Route 9 also seeking an area variance. We will take Jackson Crossing first.
Chairman Brooks asked the audience that if anyone would like to make a public comment when recognized by the chairman to please state their name and address. The time allotted for each speaker is three minutes. Once all persons wishing to speak have spoken any person wishing to speak a second time will be given two minutes. Comments must pertain to the subject of the meeting and comments that have already been made should not be repeated. He also stated that the board is here to listen to comments but not here to engage in any kind of dialogue.
Jackson Crossing LLC - 71 and 75 Jackson St - Area Variance Application
Applicant: - Kelly Libolt - KARC Planning Consultants
Kelly Libolt representative for the Jackson Crossing, LLC project gave a brief overview of the project and the requested variances. She said that this was the fifth public hearing held between the Village and the Town of Fishkill. She said that the applicant appreciates the comments on the project. There are several consistent comments on the project and the plan is to respond to the comments.
Chairman Brooks announces that the board will entertain comments from the audience.
Dorinda Shevak - flooding concern (high water table) and traffic concern
Candace Coates - flooding concern and architecture of building concern
Martin Byster - information on project in both the town and village not adequately available, paving in parking lot in town a concern, set back concern and lot coverage in the town
Theresa Craft - concern of over scale for the small parcel of land in the historic district and the location over a main aquifer
Mara Farrell - would like to submit a letter to the board which was not brought to the meeting but would like to drop it off the following morning - concerned about open space on the property
Peter Berg - flooding concern and traffic concern
Jay Machado - concerned about project being over scaled, parking on site issues, flooding, snow removal, set backs
Josh Farrell - concerned about flooding, traffic and pollution problems
Josephine Fine - concerned about water table, flooding problems
Don Calabrese - concerned about the strip of land along Jackson Street being deeded to Fishkill
Martin Byster - needs to be satisfied by getting the necessary information on the water problem between the town and village
Chairman Brooks stated he would accept Mara Farrell’s written comments here at the Village Hall.
Attorney Polidoro stated that the board had two options. The board can decide that it wants more information and it wants to continue the public hearings or can decide to close the public hearing and can provide for a 5 or 7 day written comment period. This way it will allow anyone who has any additional comments to submit them and it would give the applicant sufficient time to respond to them before the next meeting.
Chairman Brooks discussed the two options with the board and it was decided to close the hearing allow 7 days to receive written comments.
Tom Newhard makes a motion to close the public hearing for Jackson Crossing and to allow for a seven day comment period which would be next Thursday, October 2, 2014 close of business. Motion seconded by John Depew. Votes for: 5. Votes against: 0 Motion carried.
Chairman Brooks announces that the next meeting for this project will be scheduled for October 23, 2014.
Chairman Brooks announces that new information on the Ross Apartments application has been received and variances will not be required for that project therefore the applicant will not be on the agenda this evening.
Chairman Brooks announces that next on the agenda is the continuation of the second public hearing this evening which is the Vanikiotis Retail/Office Development on Route 9.
Vanikiotis Retail/Office - Route 9 - Area Variance
Applicant: - Steve Tinkelman - Tinkelman Architects
- Bob Turner - Tinkelman Architects
Steve Tinkelman presented two proposed site plans (on file) for the project, one plan required variances and the second plan did not require variances. He also discussed the Dutchess County referral letter (on file).
No public comments were received on the project.
After a lengthy discussion between the board and the applicant, Sarah Brown, Village Planner reminded the board that the public hearing could be extended if necessary or closed tonight.
Chairman Brooks entertains a motion to close the public hearing on Vanikiotis Retail/Office Development.
Tom Newhard makes a motion to close the public hearing for Vanikiotis Retail/Office Development. Motion seconded by John Depew.
Votes for: 5 Votes against: 0 Motion carried.
Sarah Brown, Village Planner reminded the board of the Dutchess County Planning and Development response letter (on file). The County had no comment on the side yard setback so any vote on that would not require a majority vote plus one. However, the other variance which requires greater than 50% of the front yard to be used for parking and driveway area, the County recommended denial and because of that the board would have to have a majority plus one vote to approve that variance. That means four votes would be required to approve that variance.
Chairman Brooks entertains a motion for the side yard setback.
Tom Newhard makes a motion to approve the side yard setback and to allow the encroachment of the building 1.5 feet into the side yard setback as demonstrated on the plan for Vanikiotis Retail/ Office Development on Route 9. Motion seconded by Greg Gomes. Votes for: 5 Votes against: 0 Motion carried.
After a lengthy discussion by the board it was decided that a legal response would be required from the Village attorney. Sarah Brown will contact Greg Supple, Village Attorney.
Chairman Brooks ask for a vote to table this application until the next meeting to be held on October 23, 2014.
Motion made by Terry Palumbo. Motion seconded by John Depew. Votes for: 5. Votes against: 0 Motion carried.
Greg Gomes makes a motion to adjourn the meeting. Motion seconded by Tom Newhard. All in favor: Aye. Opposed: None. Meeting adjourned.
Donald Van Nostrand
Zoning Board Secretary