 Town Board Adopts Sweeping Code Revisions, Protects Quality of Life
The Fishkill Town Board delivered a set of sweeping and promised changes Wednesday, changing the way Town laws prioritize quality of life and shifting power from developers to residents.
The Town Board voted unanimously to adopt three local laws at Wednesday's Town Board meeting, revising chapters of the Town Code pertaining to Zoning, Water, and the Subdivision of Land. The revisions come after months of review and input from Town employees, experts and engineers, as well as a number of Public Hearings where Fishkill residents voiced their opinions, asked questions, and helped directly shape the final versions of the laws adopted Wednesday.
Town Supervisor Ozzy Albra said Wednesday's votes constitute a major shift in the balance of law in the Town of Fishkill.
"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," Supervisor Albra said. "These amendments make it clear, the citizens of Fishkill come first, before the interest of developers."
Supervisor Albra noted that the drafting of laws and technical codes is a complicated and deliberate process, and Wednesday's accomplishments are testament to the dedication of everyone involved.
"The previous laws were interpreted to benefit developers," Supervisor Albra said Friday in a message to Fishkill residents. "We had to be just as thoughtful and deliberate in drafting these new laws, and I cannot overstate the magnitude of the work involved in updating the system to where you, the citizen, has control over the Town, not the developer."
 A months-long process completed
Wednesday's votes represent the culmination of a process which began shortly after Supervisor Albra took office in 2020, based on long-standing convictions held by the Supervisor since his earliest days attending Town meetings as a citizen.
"I've been attending Town meetings for more than a decade, and I've always held the position that the quality of life of Fishkill citizens should be the top priority," Supervisor Albra said. "Those weren't empty words, and my administration made this a top priority as soon as I took office."
Beginning in 2020, Supervisor Albra sought feedback from Town employees and the Planning and Zoning board chairs well-versed in the chapters of code needing revision, as well as a thorough review by the Town engineer CPL Architecture Engineering and Planning.
"There has been a lot going on behind the scenes that went into these laws," Supervisor Albra said. "I had meetings with our Building Inspector, our Engineer and our project managers, and I asked for feedback from members of our Planning and Zoning Boards."
But the most important step, Supervisor Albra said, was bringing the proposed laws to the public for their review and comment in an open, transparent process consistent with the goals of his administration.
"These laws were revised to benefit of the citizens of Fishkill and give businesses an opportunity to grow and succeed in Fishkill in a fair, consistent manner," Supervisor Albra said. "Naturally, their voices needed to be heard, and as a Town Board, we listened."
A shift in priorities
The Town Board voted on three Local Laws on Wednesday, revising three critical aspects of the Town Code.
Revisions to Chapter 132 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."
The new distinction, Petrus said, creates a streamlined process which should be faster and much less expensive for residents who want to amend their property lines without creating any new land parcels.
"The whole purpose of the new language in the code is to make the process simpler for residents who would otherwise have to jump through a lot of hoops," Petrus said.
Chapter 146 establishes rules and regulations for the Town regarding water. Wednesday's revisions stemmed from a need to correct an outdated approach which imposed penalties on residents as a matter of law, rather than as an act of the Town Board.
"The enforcement of code and the issuance of any penalties for violation is a matter of Town Board discretion as a legislative body, and should not appear in the Town Code," Town engineering consultant Paul Bozek said. "This revision enables the Town Board to determine best practices for enforcement and adopt fair policies, where there was previously no flexibility in the Code."
The Town Board has been active in removing penalties previously imposed under the prior administration, and Bozek said Wednesday's revision places the power of enforcement and the adoption of a fee schedule back in the hands of the Town Board, where it belongs.
"The old law was typical for its time, but that time was long ago," Bozek said. "The Town Board needs the flexibility to determine a fair policy for fees and penalties, and this revision gives them that power, as well as the power to update and revise those policies in accordance with best practices."
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.
Highlights of Wednesday's 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.
Other improvements include establishing electrical and plumbing licensing standards for commercial projects as well as the requirement for sprinkler systems in all new construction, based on the advice of Town Fire Inspector Steve Van Buren. As the Town of Fishkill is served by volunteer first responders, Van Buren noted a decrease in the number of volunteers. He indicated that fire-suppression systems can buy invaluable time in the event of an emergency, saving lives and reducing the strain on volunteer responders.
Axelson said the end product of the revisions is a sweeping change to the Chapter and the review process it oversees.
"The purpose of this is to improve the review of all aspects of site development, and to correct problems noted by Town staff and Town boards," Axelson said.
Axelson met with a number of Town officials while working on the draft of Wednesday's law, and attended all the Public Hearings to answer questions from citizens.
"It was a dynamic process, working with Town staff, Board members and the public," Axelson said. "All these types of feedback are important in drafting code that works the way it's intended to."
 Councilmembers delighted by progress, reminded of their solemn duties
Councilwoman Kenya Gadsden is proud of the accomplishments made by this Town Board, and said residents can see clearly that the Town is headed in the right direction.
"This is another great moment of progress in the Town of Fishkill," Councilwoman Gadsden said.
At Wednesday's Town Board meeting, Councilwoman Gadsden took time to answer questions from a resident who expressed concern that unscrupulous parties might seek to undermine the Town Code and harm the quality of life of Fishkill residents. Councilwoman Gadsden said providing reassurance is every bit as important as finding real solutions.
"When a resident comes out to participate in the process, they want to feel welcome and they want to feel heard and understood," Councilwoman Gadsden said. "In the past, residents were ignored and their voices fell on deaf ears, but this Town Board has made sure our residents are welcome to participate, and that when they speak, we listen."
Fishkill resident William Laham attended Wednesday's meeting and Public Hearings. Laham offered comments addressed to Councilwoman Gadsden, saying her reassuring remarks were exactly what a Fishkill resident needs from an official.
"You did a phenomenal job, you were clear, concise, logical, and you foresaw where [the concerned resident] was going," Mr. Laham said. "Thank you very much, you made it clear and simple."
Councilwoman Jackie Bardini said achievements like Wednesday night's votes are a poignant reminder of why she sought public office.
"Public service isn't a career, it's a calling," Councilwoman Bardini said. "I got involved because I wanted the residents of Fishkill to have voice, and to have a Town Board that listened to them."
Councilwoman Bardini said she takes pride in the progress made Wednesday, and in other victories the Town Board has achieved on behalf of the citizens of Fishkill, such as a long-need term limits law as this Town Board's first local law.
"What we've accomplished is crucial to a free and fair process," Councilwoman Bardini said. "We've given residents a voice and created a board that is an instrument of good in our Town, which is something we have needed for a long time."
Councilman Ori Brachfeld said the Town Board's teamwork over the months-long process led to consensus and agreement on all three Local Laws.
"What we did was we discussed it, we reviewed it, and then we discussed it again," Councilman Brachfeld said. "I think we did this the right way, by a fair and thorough process."
Councilman Brachfeld said results like Wednesday's are the product of the Board collectively putting the interest of the Town first.
"When you work as a team, as we did throughout this process, you end up with consensus," Brachfeld said.
Councilwoman Louise Daniele agreed, noting that the three unanimous votes indicate the citizens of Fishkill have chosen a Board with members who share the same goal.
"The fact the votes were unanimous says the people have elected a Board that they think will protect them better than the previous administration," Councilwoman Daniele said. "I'm honored to be a part of it."
Further progress to come, says Albra
Supervisor Albra said while Wednesday's meeting is a major step forward for the Town, it isn't the end of the road for progress. The Town is currently engaging in aquifer protection and historic preservation review, and will look to adopt those laws in the coming months to offer further protection to the resources most valuable to quality of life and the character of the Town of Fishkill. When those laws are completed, the Town will move to codify these new provisions by updating the Town's Comprehensive Plan.
Supervisor Albra said these steps will help secure a better future for the Town, but cautioned that the progress made since he took office has not gone without opposition from developers who stood to profit from the laissez-faire policies of previous administrations.
"For example, the Town of Fishkill ceased its review of a massive development proposal on Route 9D near the Beacon-Newburgh Bridge," Supervisor Albra said. "The developer sued the Town and the Town was victorious, establishing case law not only for Fishkill but for the entire state, that a Town has the absolute right to enforce its Zoning laws."
Supervisor Albra pointed to comments made by the developer in the press at that time, indicating the fight for the future of Fishkill is not over.
"The developer went to the press after that case and said it plainly, they're 'just going to wait for a new administration,'" Supervisor Albra said. "Another developer came to a Town Board meeting and told the Town Board on the record that there is enough water to supply 7,000 residential units on the old Texaco site located in the Glenham part of Town."
Supervisor Albra said threats to Fishkill's progress remain, and the the Town Board's recent accomplishments could not have happened without the support of the residents of Fishkill. The credit for progress, Supervisor Albra said, goes to the citizens of Fishkill for electing a Town Board geared toward a citizen-first approach.
"We could not have leaders like myself, Councilman Ori Brachfeld, Councilwoman Jackie Bardini, Councilwoman Louise Daniele and Councilwoman Kenya Gadsden without the support of engaged citizens who changed the dynamic of the Town we all call home," Supervisor Albra said.
"The entire Town Board thanks you for the opportunity to serve you."
|
The Town Board always welcomes comments, questions and suggestions from residents on how to improve the Town of Fishkill. The Town Code, which contains all of local laws for the Town of Fishkill, can be viewed anytime by following the link below. Residents with questions or suggestions are welcome to contact Supervisor Albra and the Town Board at any time with their ideas on how to make Fishkill an even better place to live, work and build a future.
Click Here to Read the Town Code
|
