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Suit filed against Fishkill board
by Continental Commons developer

By Kristine Coulter, Southern Dutchess News
January 27, 2021

     A lawsuit has been filed against the Fishkill Town Board by the developer of Continental Commons. The lawsuit was recently filed in Dutchess County Supreme Court. The suit asks the court to nullify, and vacate the Board’s denial of the developer’s sewer and water extension to the property. Continental Commons is proposed to be an 18th century-themed colonial village.

     “It is [a] well documented fact that there is more than enough capacity to support both the water and sewer extensions for the Continental Commons project. In fact, the gas station and car wash, which are already on my property, have water and sewer service. The infrastructure for the extension is already in the ground,” said Domenic Broccoli, developer of Continental Commons, in a statement.


     According to a release sent out by Broccoli’s spokesperson, “the developer contends the Board’s decision was arbitrary and capricious, and asserts the board overstepped its authority.”

     The lawsuit seeks also to have the Board’s denial nullified due to the allegation that Supervisor Ozzy Albra had a conflict of interest because he filed a temporary restraining order, which occurred on December 30, 2019 prior to taking office as Fishkill Town Supervisor.


     Albra said he sued the former supervisor “for holding an illegal public hearing” on Dec. 30, 2019. Albra also noted, “I won the case.”

     Broccoli said, “A water and sewer extension decision must, and should, be based on the facts, property rights and the law, not on petty politics. We hope, and expect, the court to agree.”


     The Fishkill Planning Board unanimously approved the Continental Commons plan in December 2019. According to the developer, there was almost a five-year SEQR period.


     A State Supreme Court judge made a ruling in December 2020 against the Friends of the Fishkill Supply Depot (FOFSD). The lawsuit filed by the FOFSD challenged the Continental Commons’s SEQR review by the Town of Fishkill Planning Board.


     “As always, I am committed to developing the 18th century colonial village of restaurants, shops, an inn, visitor’s center and a living Revolutionary War museum. With a design that integrates architectural features from throughout Dutchess County’s historically significant buildings from the revolutionary war era. Continental Commons will celebrate the history, and capture the essence of the Fishkill Supply Depot and its importance to our nation’s history,” added Broccoli.

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