FISHKILL – The controversial Continental Commons project near the intersection of Route 9 and I-84 in Fishkill is moving forward after a court order was issued earlier this month. Fishkill Town Supervisor Ozzy Albra has been railing against the project since before he took office, according to campaign literature.
Developer Domenic Broccoli went through a lengthy State Environmental Quality Review (SEQR) for the Continental Commons project and was set to obtain permission for water and sewer at the site in 2019. In an effort to block the project, then-incoming Supervisor Albra filed litigation to stop the town board, led by then-Supervisor Bob LaColla, from voting on it. Albra dropped the litigation the very next day, but his suit delayed the decision long enough for him and the town board to take office.
In September of 2020, Albra along with town board members Louise Danielle, Kenya Gasden, and Jacqueline Bardini voted to deny Continental Commons’ water and sewer petitions asserting that they were “not in the public interest.”
When the applications were denied, developer Broccoli, through his companies GLD3 and Snook-9 Realty, sued to have the town’s decision overturned.
Supreme Court Judge Christi Acker wrote a 17-page decision saying in part “it is clear that substantial evidence does not support Respondents’ denial of the applications.” Almost two years to the day of the town’s denial of Broccoli’s application, the judge annulled the town’s resolutions and ordered the current town board to approve the water and sewer for Continental Commons.
Fishkill Councilman Carmine Istvan indicated that the board is slated to obey the court order at their next meeting in October. “The town has spent thousands and thousands of dollars on this litigation. I am hopeful that we, as a town, can work with the developer to come to a solution that appeals to everyone while not spending additional taxpayer dollars on court battles.”
“Albra has put partisan politics ahead of the rule of law,” Broccoli said. “An illegal water and sewer extension decision, on property that already has water and sewer infrastructure, and went through a four-year State Environmental Quality Review, must, and should, be based on the facts, property rights, and the law, not petty partisan politics.”
Armed with a court order in his favor, Broccoli added, “As I have said in the past, I am committed to developing the 18th-century colonial-themed village of restaurants, shops, an inn, and visitor center, with a design that integrates architectural features of Revolutionary War buildings throughout Dutchess County. We look forward to construction, and further honoring the birth of our Nation. Like the American Revolutionary War patriots that fought at the Fishkill Supply Depot, my opponents tried to deprive me of my property rights, but they underestimated me.”
