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ZBA leaves decision pending on Fishkill Avenue 4th‑floor request; asks applicant for financial analysis
Summary
The ZBA heard a lengthy presentation and public opposition for a proposed 4‑story mixed-use building at Fishkill Ave/Conklin Street that would add two units (0.25 story) and increase height to 48 feet; after public comment the board requested written financial feasibility documents and did not vote on the height or retaining-wall variances.
The Beacon Zoning Board of Appeals on May 19 took public testimony and questioned the applicant team behind a proposed four-story mixed-use building at Fishkill Avenue and Conklin Street but declined to vote on requested height and retaining-wall variances, instead asking the applicant for a written financial feasibility analysis.
Attorney Lisonbee Fausner of Cuddy & Feder said the project would demolish three existing buildings and build a stepped-back four-story structure with 14 residential units, ground-floor commercial space and 33 parking spaces. She told the board that adding two units in the additional 0.25 story is "a must" to make the project financially feasible and said lenders indicated the extra rental income is necessary. "Without the additional units contained within 0.25 story, it's not a financially feasible project due to lender responses," Fausner said.
Several residents urged the board to defer or deny the height variance. Pam Weatherby, a Mead Avenue resident of 38 years, said the Fishkill Avenue Concepts Committee's report is only advisory and the city council has not enacted zoning changes; she urged the board to wait for the council's direction on height limits. Brent Stapleton, who said he served on the Fishkill Avenue Concepts Committee, raised concerns about view-shed loss and increased traffic on narrow residential streets.
Members pressed the applicant on costs and underwriting. One board member asked whether the attorney and applicant could provide itemized costs and a lender analysis; the board said it wanted documentation showing the project could not be financed without the additional units. The planning board had served as lead agency and issued a negative declaration under the environmental review, but several ZBA members said that fact alone did not resolve neighborhood concerns about scale and impact. Chairman Jordan Haugen recused himself from this agenda item; the board proceeded under the acting chair and asked the applicant to return with the requested materials before the ZBA takes any vote.
