[ Download: Legal brief | Attachments | Or: View online ]
HUDSON, NEW YORK — Valley Alliance attorney Warren Replansky has filed a new legal brief with the New York State Department of State, debunking four key myths which have wrongly influenced the draft Local Waterfront Revitalization Plan (LWRP) for the City of Hudson.
The six-page memorandum, accompanied by 21 pages of attachments, was submitted on Thursday as a follow-up to a productive meeting which the Alliance and Scenic Hudson had in Janaury with Deputy Secretary of State George Stafford and DOS Coastal Resources staff.
FOUR KEY MYTHS ADDRESSED IN MEMORANDUM
(1) The myth that City’s draft Plan can advocate routing hundreds of trucks daily through wetlands, without a full assessment of the likely impacts.
If the current draft of the LWRP is not revised, Replansky notes, the City and State could be violation of the State Environmental Quality Review Act (SEQRA). To avoid further delays in the passage of the plan, the Valley Alliance attorney recommends that “all references to the Causeway as a preferred alternative route be eliminated.”
(2) The myth that current Waterfront-bound truck traffic and associated barge activity is a grandfathered, permitted, “as of right,” or even necessary use.
Replansky states in this context that trucking gravel to the Waterfront by Holcim (the Swiss cement giant) and O&G (a Connecticut firm) is of “recent vintage,” and that aggregate mining is not “water dependent.” Indeed, the current traffic started only after the State’s sweeping rejection of the St. Lawrence Cement project in 2005, though aggregate businesses have operated in Greenport for generations.
“The reason for the current use, with its associated detrimental environmental impacts upon inner city neighborhoods,” writes Replansky, “was designed to pressure the City of Hudson, its residents and its Common Council” into supporting these companies’ private goals. (Such goals are otherwise are at direct odds with a host of official rulings and guidance, along with longstanding plans for economic development and conservation at the Waterfront contained in the Hudson Comprehensive and Vision plans.) The memo further notes that gravel mining on Becraft Mountain is not dependent on the recent River access.
(3) The myth that the abandoned South Bay railbed is a “road” exempt from permit reviews, and consistent with Hudson’s industrial zoning.
The Replansky memo notes that there is no local history of using the so-called Causeway as such; that such use had never been projected in past applications to the City and State; and that “the railroad bed has never been engineered, designed or otherwise designated as an active heavy haul road.” Citing City of Hudson site approval code, the Alliance attorney notes that construction of such a road would “require site development plan approval and SEQRA review.”
Moreover, Replanksy notes that such use would likely violate Section 325-17(b)(1) of the City Code, which “prohibits in industrial zones ... those uses which are ‘noxious or offensive by reason of emission of odor, dust, smoke, gas, fumes, or radiation or which present a hazard to public health or safety.” (The Valley Alliance has previously questioned why this provision of the City Code has not been applied to hazardous Waterfront truck traffic, so as to immediately relieve downtown residents of those risks.)
“The notion that the City is powerless to properly control and regulate O&G and Holcim’s truck traffic... to protect the health safety and welfare of its citizens, is utter nonsense,” Replansky concludes.
(4) The myth that there are economic benefits to the City from Holcim and O&G dominating the South Bay and Hudson docks.
Replansky finds that there is no evidence that trucking aggregate either through the City or over the Causeway, has, or will, result in job, tax, or other economic benefits to the City. The memo notes the recent attempt by Holcim to grieve its tax assessment down (to barely more than some of the larger private houses in Hudson), and cites a letter from Council President Don Moore, who stated in March 2010 that “[t]he reason why the City of Hudosn should show such deference to an entity that contributes little more than very modest property tax payment to the City escapes me.”
OTHER MAJOR DEFICIENCES FOUND IN DRAFT PLAN
The Alliance legal memorandum also expands upon two other “major deficiencies” in the draft Hudson LWRP.
(A) The lack of specific tools “to enable the City to control and exercise proper oversight over the future use of the port.”
Considering that the Hudson Waterfront dock is “adjacent to, and perhaps in competition with, adjacent recreational, residential and commercial uses,” special care must be taken to ensure that the plan’s public goals are not swamped by a single interest. The draft LWRP does not contain “clear, detailed and concise performance standards regulating such matters as noise, lighting, weight limits, building scale, traffic and hours of operation,” and the like.
(B) The lack of a proper and clear Harbor Management Plan (HMP).
Citing past State guidance to the City in 2003 and 205, which characterized the lack of such plan as a deficiency, Replansky notes that “given the potential incompatibility of harbor uses in a small area, it is absolutely essential for a stand-alone Harbor Management Plan to be drafted.”
Claims that a Harbor plan somehow has been “embedded” into the document do not adequately, specifically or credibly address this pressing need to protect the safety and viability of the Waterfront.
The memorandum concludes by recalling that for decades, citizens, organizations, and public officials have “worked tirelessly... to preserve the economic, social and environmental value of [Hudson’s] unique and irreplaceable resource,” its Waterfront. It urges that the suggestions, corrections and hopes of the public be incorporated into the draft Plan, “so that the LWRP and zoning amendments can be enacted”—sooner, rather than later.
ABOUT THE VALLEY ALLIANCE
The Valley Alliance is a citizens’ group which has assisted the public participation of area residents in the City’s Waterfront planning process, as well as related permitting issues in nearby Greenport. Its extensive comments in Spring 2010 challenged the accuracy, appropriateness and viability of the draft LWRP for Hudson, and were were accompanied by a petition bearing the names of hundreds residents, workers, voters, businesspeople, and other interested parties.
In addition to the Alliance and some 900 citizens, numerous groups have expressed deep concerns about the direction of the plan, including SThe Olana Partnership and the Village of Athens.
[ Download: Legal brief | Attachments | Or: View online ]
For more information regarding this release, please contact Peter Jung at (518) 755-4350 or Sam Pratt at (518) 755-6624, or email hudsonbay@mac.com.