TOWN OF FISHKILL – On Wednesday, the Fishkill town board took aim at developers by changing local laws pertaining to zoning, water, and property subdivision of land. The changes come after months of review and public hearings.
Town Supervisor Ozzie Albra said that the changes prioritize the quality of life for residents and shifts power from developers to the homeowners.
The board unanimously adopted three local laws at the meeting, revising chapters of the Town Code pertaining to zoning, water, and the subdivision of land. “For far too long, the laws of Town of Fishkill were set up to benefit developers, often to the detriment of the residents who call Fishkill home,” Albra said. “These amendments make it clear, the citizens of Fishkill come first, before the interest of developers.”
Revisions to Chapter 132 of the Town Code clarified key elements of the Subdivision of Land. Previously, the Town Code did not recognize a difference between a subdivision – which divides one parcel into multiple new parcels – and a lot-line realignment, which changes the border between two pieces of land without creating new parcels. Building Inspector Joel Petrus said this lack of distinction has caused headaches for residents seeking to perform simple property improvements like building a patio or a shed. “Subdivision is a Planning Board review process,” Petrus said. “That takes a lot of time and can cost a lot of money, and that is a serious hassle for a resident who just wants to build a new patio.” Councilman Ori Brachfeld said the change “Makes it easier for residents to work with neighbors for simple projects such as installing a fence, without them having to spend $20,000 in the permitting process.”
Albra said the most comprehensive changes were made to the Town’s Zoning Code, found in Chapter 150. Elizabeth Axelson, a certified planner with Town engineer CPL, was tasked with applying her expertise to the hundreds of bullet-points of feedback related to Chapter 150 and creating a comprehensive revision of Town zoning policy.
Approved amendments include improving lighting and landscaping guidelines, providing opportunities for certain businesses to offer drive-through services, and sweeping changes to language aimed at removing ambiguity and providing clear direction for developers, Town officials, and residents. The update in this chapter also establishes a requirement for performance bonds which would hold developers responsible to fulfill their obligations and prevent lengthy delays and unsightly construction sites, such as the site near the intersection of Routes 82 and 52, which has been in a state of limbo for a number of years.
