A self-storage developer has filed a lawsuit against the town of Fishkill, New York, and its planning board after his project was rejected last month. The denial came after more than three years of review for the application filed by Nidal Hassen, president of real estate firm 1292 Realty LLC, according to the source.
Hassen originally proposed the project in 2022. Because the 4.7-acre parcel is zoned restricted business and doesn’t allow self-storage as a permitted use, he requested a special-use permit in May 2023. Plans for 1292 Route 9D included 333 storage units totaling 51,000 square feet. Planning-board members rejected the proposal on Oct. 2, saying the application failed to meet the criteria required to establish similarity with commercial uses allowed in the district, the source stated.
Hassen filed a lawsuit on Nov. 5, asking a state judge to nullify what he called an “irrational, arbitrary and capricious” decision by the planning board. He requested the judge approve the special-use permit and site plan. He’s also seeking reimbursement for the $123,000 he paid for an environmental review, an amount that Hassen says is more than 11 times the legal limit, the source reported.
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Prior to the vote, the planning board’s attorney, Dominic Cordisco, said the application failed to meet any of the four criteria to establish similarity with uses permitted in the zone including complying with the town’s comprehensive plan.
The town hasn’t responded to the lawsuit. However, town supervisor Ozzy Albra told the source that he’s confident the planning board did its due diligence.
Source: The Highlands Current, Fishkill Developer Sues Over Denial
ISS Staff
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