Council Votes to Enact Local Law No. 5

At tonight's Common Council meeting, letters from former city attorney Ken Dow and former Third Ward alderman John Friedman pointing out substantive problems with Local Law No. 5, sometimes known as the "Stewart's law," were received as communications. There was no discussion of the issues raised by Dow and Friedman or the alternative solution suggested by Friedman, nor was there any evidence that anyone on the Council had even read the letters much less given their content serious consideration.

Instead the Council passed a resolution "declaring a negative declaration under SEQR [State Environmental Quality Review] to Local Law No. 5." Attached to the resolution was an already completed Short Environmental Assessment Form on which the response to each of the following eleven questions was "No, or small impact may occur":

1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing: (a) public/private water supplies? (b) public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems?
11. Will the proposed action create a hazard to environmental resources or human health?

The completed form was not discussed or even reviewed before the Council voted unanimously to make a negative declaration. That done, the Council voted to enact Local Law No. 5. All the aldermen present--Tiffany Garriga (Second Ward), Eileen Halloran (Fifth Ward), Kamal Johnson (First Ward), Calvin Lewis (Third Ward), Dominic Merante (Fifth Ward), Shershah Mizen (Third Ward), John Rosenthal (Fourth Ward), and Rich Volo (Fourth Ward)--voted aye. Aldermen Rob Bujan (First Ward) and Dewan Sarowar (Second Ward) were absent from the meeting. 

With no reference to SmartCode principles or the Sprawl Repair Manual written into the law, it is up to the Planning Board, with no support from the law, to ensure we don't end up with a convenience store and gas station more suitable to Greenport than to Hudson at this corner. It's questionable, however, how much SmartCode principles would actually help the situation. Recently, an advocate for SmartCode sent me this rendering, indicating that is was a "nice image of a convenience store on the street/pumps and parking in back," which some members of the Planning Board have been talking about for Stewart's.

The problem is that the Stewart's location is on a corner, so the pumps and parking will only be "in back" from Green Street or from Fairview Avenue. From the other street, pumps and parking will be completely exposed.
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Of Interest

HudsonValley360 reported last night that Cosmic Cinemas, located in the former Fairview Cinema 3 in Greenport, opened yesterday, apparently without much fanfare: "Action: Cosmic Cinema has first showing."

What's currently playing--and the information that all tickets are just $5 on Tuesdays--is available here.  
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In the Category "It Was Ever Thus"

In October, the Common Council passed a resolution to issue a request for proposals (RFP) for the use of the public dock--the dock in riverfront park, historically known as Curtiss Dock, which for years been used by Hudson Cruises.

The use of this dock by Hudson Cruises is not without controversy, and I was reminded of our current dock situation when I stumbled upon an article from a hundred years ago, reporting on a public hearing about a proposal to rent what was then called the Kennedy dock to a company planning to construct concrete boats in Hudson. My sources indicate that the Kennedy dock, at one time known as the Knickerbocker dock, was located south of what is now the Colarusso dock, on 4.4 acres that the City of Hudson illegally sold to St. Lawrence Cement in 1981.

For its historic interest (and its entertaining intrigue), the article that appeared in the Columbia Republican on November 19, 1918, is transcribed below.

The public hearing relative to the leasing of the city dock to a concrete ship corporation was held in the Common Council chamber last night with Recorder Moy presiding.

Judge Rodgers, attorney for the petitioners, said he had drawn, not a contract but a tentative agreement which was submitted to the Council and changed. He wanted only to put the matter in shape for discussion. Judge Ro[d]gers said they were willing to pay a rental for the property, a good fair price rather than the nominal rental which the Council asked, the latter considering the amount of help that would be brought to Hudson as an offset to any rental.

The proposed "contract" between the concrete ship corporation and the city of Hudson was then read: this empowered the city treasurer to lease to said corporation the Kennedy dock and pumping station dock for $1 per year for ten years. The corporation agreeing to use these docks to construct concrete boats and divers other things; the company to have all the buildings and machinery to use and to reconstruct same, the pumping station and machinery to be kept as an engineering station. The ship corporation should have the right to place any buildings on this property it sees fit; the city to allow the company to construct carrying plants and supports to carry cement [f]rom the cement companies to the docks, the straightest line to be followed and no interference with its street traffic. The privilege of a ten year renewal was also to be granted the company.

Mayor Harvey stated that he had given two contracts and a petition signed by a number of residents to the city treasurer and [he] had refused to return them. A call was then made for the city treasurer or his counsel but there was no response.

Arthur Gifford wanted to know just how Judge Ro[d]gers was willing to modify the terms. Judge Ro[d]gers said he would be glad to waive any rights that would give them the right of carrying cement over the streets if there was any objection. They did not want to monopolize the docks and would only use them as they were pushing the barges out. He said his company wanted to come here to do business and spend their money.

In answer to Mr. Coffin, Judge Rodgers said the barges would run from 150 to 300 feet. One barge called for 15 or 20 men to construct it and they could build 7 barges at a time. He told Mr. Coffin that Mr. Morse had no connection with this proposed plant and that in the contract what was meant by "other devices" was the plant for the wiring which was mixed in the cement.

Alderman elect McLaren asked some pertinent questions and said in Athens where 265 foot boats were built 5 loads of grave were necessary to 1 load of cement. He then asked him why he didn't go where the gravel was rather than where cement was.

Mr. Gifford said the city wanted all good industries here and believed that whatever came should come on a business basis, business terms and with business contracts: "Don't let us give away our only water front with the future of the barge canal at our doors," said Mr. Gifford.

Mr. Coffin called attention to the fact that a lease executed by the corporation didn't look like a "tentative" agreement. It was signed by the officers of the corporation with its seal.

Recorder Moy said he had suggested that this contract be drawn, submitted to the city treasurer, who should employ counsel and see what they thought of it. He believed if the city treasurer had been present at the meeting, as he ought to have been, the whole matter could be "ironed out."

Mr. Coffin told how Peekskill's water front had been sold to the New York Central and Peekskill ruined as a shipping place. He called attention to the fact that Hudson was practically the only place that still owned some of its water front. He drew a picture of the future of the possibility of the value of these docks to the Hudson manufacturers with the barge canal. "Where will our manufacturers get their goods if we let our water front for $1 a year or a $1,000 a year to a corporation employing perhaps 80 men, pouring cement into wire forms for cement boats." He further said that the city had no right to lease the pumping house docks except for water for the city. He said he was appearing only for himself but he was strongly opposed to the letting of this dock.

Judge Reynolds [sic] admitted that the pumping station dock could not be leased and they waived that section. He admitted the barge canal was going to be a great thing but not for Hudson; this traffic would be thru traffic and would not affect Hudson. However, he said, if they were not wanted and if the supply of gravel was insufficient they would give up any idea of coming. They only wanted to go where they were wanted. He said he had organized a great many companies but never one better backed than this one. He said his company was too closely allied to the government for him to give the names of those interested.

In answer to John Malone and Rev. Mr Cole, Judge Rodgers stated that this company would give a bond to forfeit their lease if they stopped building cement ships. Mr Cole was opposed to the city's giving up a water front which might be useful in view of the barge canals.

Charles A. Van Deusen said Judge Rodgers had wanted to know who in Hudson would profit by the barge canal. He said the C. A. Van Deusen Co. had unloaded 5,000 barrels of flour in three months and if 5 or 9 cent per barrel could be saved, and that was only part of the business a barge canal would do here, it would be worth while. He thought that before any lease was executed the financial condition of the Ship Building Co. should be shown. He also favored a substantial rental, if it was decided to lease this property, the same to be returned after a certain number of boats had been built and a certain number of men had been employed and paid a stated sum in wages.

Former Mayor Tator said he doubted the wisdom of leasing the docks under any consideration.

Mr McLaren said the Knitting Mills of this town could load a barge a week with knit goods. Why don't these gentlemen who come here lay their cards of the tables? We have. With whom are we doing business, said Mr McLaren; let's settle that first.

Morris Kosoff thought it was a good proposition and couldn't see what difference it made what they manufactured.

W. J. DeLamater said the clause of the lease led people to think they were coming to manufacture boats but there was a thought that it wasn't boats alone and that the company should explain.

Mr Kosoff said he had lived here eight years and hadn't seen the dock in question net the city five cents. He suggested that the city treasurer's counsel draw up a lease and submit it to the Ship Building Co.

Judge Rodgers said the corporation would be willing to agree to construct so many barges, employ so many men, pay a stated sum in wages and put up a bond that they would do this or forfeit their contract. The corporation will agree to do certain things that will be of benefit to the city of Hudson.

Recorder Moy stated that if that city treasurer had come to this meeting, as he should have, the matter could be cleaned up. The Mayor again stated that he had given the city treasurer the original lease and he had since refused to return it. It is a public document and should be on file here, the Mayor ended.

Alderman Lacey thought the city treasurer was trying to treat the Council and citizens like a lot of "boobs." He did not believe the city treasurer had any right to retain the papers in the case.

Victor Rose said he had lived here a good many years and had seen the dock in question leased year after year for a song and now we had a chance to lease it for real money and we were hesitating. He said he was no politician but he thought there was no excuse for the absence of the city treasurer or his representative.

Mr. Moy said according to the charter, no matter if all Hudson wanted this company, it couldn't come unless the city treasurer favored it.

Mayor Harvey said a petition with 30 names had been presented against this company's coming had been secured; he would guarantee to go out in half a day and get 10,000 signatures.

The Recorder said that the City Treasurer seemed to be "The Kaiser of The Gang" and there was no use in signing contracts without his permission.

Mr Golderman then offered a resolution providing for the appointment of the finance committee with power to secure legal service, to consult with the company and city treasurer and see if the matter could not be adjusted on a basis satisfactory to all. Messers Moy, Wood and Muldowney constitute this commission. The motion was carried and the hearing adjourned, the  Recorder stating that he was in favor of another public meeting before any further action was taken.

Will there be another public meeting? Will the City of Hudson lease the Kennedy dock to this mysterious concrete ship building company "too closely allied with the government" for the principals to be identified? The answers will be revealed as soon as further research discovers what they are.
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Meetings of Interest in the Week Ahead

In the run-up to Thanksgiving, all the meetings this week take place on Tuesday, November 20. The monthly meeting of the Common Council Public Works & Parks Committee, regularly scheduled for Wednesday, November 21, the eve of Thanksgiving, has been canceled. So, here's what's in store for us on Tuesday.

• At 5:30 p.m., the Common Council Finance Committee holds its regular monthly meeting. No agenda is available for this meeting.
• At 6:45 p.m., there is a special meeting of the Common Council to vote on the 2019 budget.
• At 7:00 p.m., the Common Council holds its regular monthly meeting. All the resolutions introduced at last week's informal meeting will be voted on at this meeting. It is also expected that the Council will vote on enacting Local Law No. 5.

All meetings take place in the Community Room at the Hudson Area Library, 51 North Fifth Street.
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Progress on the Nack Center

The idea for the Everett Nack Estuary Education Center, a project of the Hudson Sloop Club, was first introduced in 2015. In 2016, the Sloop Club received a $91,780 grant from the Hudson River Estuary Program to construct the center, which was essentially a repurposed shipping container.

In 2017, the Nack Center became linked with a proposed public pier, which was identified as a Priority Project in Hudson's DRI (Downtown Revitalization Initiative) application. At the beginning of this year, the Nack Center and the public pier were Phase I and Phase II respectively of a larger project vying for DRI funding called "Railroad Point Pier."

Although the public pier started out as a priority project, it ended up not getting funded. Now the Nack Center is moving forward on its own. Yesterday, a legal notice appeared in the Register-Star soliciting sealed bids on the project. The RFP and the drawings for the project can be found on the Hudson Sloop Club website.  

The Everett Nack Estuary Education Center is now Phase I of a two-phased project--Phase II being the restoration of the abandoned railroad trestle over the embayment that borders Rick's Point on the south as a footbridge.

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Get Ready for Shopping Small Big Time

Next weekend, spend Black Friday and Small Business Saturday and start your holiday shopping at Basilica Farm & Flea Holiday Market.

As in years past, the market will feature a diverse group of regional vendors selling their wares--handmade and vintage clothing; handcrafted jewelry; locally sourced edibles; handmade soaps; handcrafted furniture and home decor; wild foraged health, wellness, and beauty products; textiles and paper goods; ceramics; home goods and collectibles. Click here for a list of all 101 vendors.

The market is open from noon to 7 p.m. on Friday, November 23 , and from 10 a.m. to 6 p.m. on Saturday, November 24, and Sunday, November 25. Click here for more information.
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Oakdale to Go Solar

At the Common Council Economic Development Committee meeting last night, Alderman Rich Volo (Fourth Ward), who chairs the committee, announced that, as a consequence of the City of Hudson finally qualifying to be designated a Clean Energy Community, the City is soon to have $35,000 to invest in clean energy projects. The first of those projects will be the installation of nineteen solar panels on the roof of the picnic pavilion at Oakdale Lake.

The panels are expected to generate enough electricity to meet all of the needs of Oakdale and, sold back to the grid, some of the demands for electricity of the Youth Center at Third and Union streets.

Another project to be financed by the grant from NYSERDA will be a light bulb exchange, in which residents can exchange their stock of conventional light bulbs for energy efficient LED bulbs.
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'Tis the Season

Mayor Rick Rector announced yesterday that, as is the time-honored custom in Hudson, parking at meters on Warren Street and in municipal parking lots will be free during the month of December, relieving holiday shoppers in Hudson of the need to feed quarters into the parking meters. Be aware, however, that the holiday largesse does not extend to the parking lot at the train station.
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Correction: About the New HFD Vehicle

I was informed this morning that the chief's vehicle to be replaced using the $25,000 grant from the Galvan Foundation is not the 2013 Chevy Tahoe driven by the fire chief, as I reported yesterday, but a 2004 Dodge Durango driven by the second assistant chief.

In addition to the 2013 Chevy Tahoe and the 2004 Dodge Durango, the Hudson Fire Department also owns, as a chief's vehicle, a 2016 Chevy Tahoe. The new vehicle being purchased to replace the Dodge Durango will also be a Chevy Tahoe, giving the department three Tahoes of different vintages, one for each of the three chiefs.
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Stewart's Shops Elsewhere Again

In January, Gossips reported on the efforts of Stewart's Shops in 2015 to get the Village of Altamont to change its zoning to enable Stewart's to demolish a house and expand into a residential district: "Stewart's Shops Elsewhere."

Photo: The Enterprise|Michael Koff

Altamont resisted and refused to change its zoning to accommodate Stewart's, but this past Tuesday the Altamont Enterprise reported that Stewart's is back with its proposal for expansion: "Stewart's again looking to expand Altamont store." The article, which is recommended reading, quotes a village resident as saying, "I thought the community spoke on this issue [three] years ago, and the village board listened and voted to deny the expansion into the neighborhood. So I'm wondering why it's even coming up again?" 

Another quote of interest from the article involves what Stewart's is now promising:

Chuck Marshall, who works in land development for Stewart's, said that the new plan submitted to the village will align more closely with Altamont's existing architecture, citing the former train station that now houses the Altamont Free Library as an example.

"So, there's a larger porch," Marshall said. "There's particular elements that were for the village of Altamont, but again, that'll be discussed if the zoning changes are approved."

The Altamont Free Library

The building Stewart's is proposing for Altamont

This reminds me of how Kevin Walker years ago got the Planning Board (then the Planning Commission) to approve the Elks Club building, a metal structure which was prohibited by Hudson code, by adding brackets and persuading the board it would resemble the historic Hudson train station.

The Altamont Enterprise also reports that in the new Stewart's proposal there will still only be two gas pumps instead of the three that had been previously proposed. Does that sound familiar? 

Again, the article in the Altamont Enterprise is recommended reading; it can be accessed by clicking here.
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Highlights of Tuesday's Council Meeting

Dan Udell's video of the informal Common Council meeting, which took place on Tuesday, November 13, can be viewed online here.

For Gossips' account of the highlights of the meeting, read on.

• A resolution was introduced creating a Zoning and Planning Special Committee, "dedicated to reviewing the City's Comprehensive Plan and Zoning Code, analyzing future development opportunities and obstacles, and recommending a course of action to be taken by the City of Hudson is [sic] an appropriate vehicle to address zoning and planning issues in the City of Hudson." As originally presented, the resolution indicated the special committee, "to be known as the Zoning and Planning Task Force," would be made up of seven members: the chair of the Planning Board or designee; the chair of the Zoning Board of Appeals or designee; the chair of the Historic Preservation Commission or designee; the chair of the Conservation Advisory Council or designee; the mayor; the Common Council president; the code enforcement officer. 

At the meeting, Alderman John Rosenthal (Fourth Ward) noted that two aldermen should be part of the task force. The resolution was so amended and then introduced. The resolution specifies "the Zoning and Planning Task Force shall operate and exist until December 31, 2019." It is to meet at regularly scheduled times, and its meetings are subject to Open Meetings Law.

• A resolution was introduced to sell 427 Warren Street, the old police station. The resolution specifies that the building will be sold "to the highest bidder by sealed bids in a Public Auction, with a minimum required bid of $300,000"--$300,000 being the building's most recent assessment.

At the end of the meeting, when public comment was permitted, Fourth Ward supervisor Linda Mussmann asked why the auction would be carried out by sealed bid instead of having a live auction, in the manner that foreclosed properties are sold. She argued that open bidding might be more competitive and could drive the price higher. City attorney Andy Howard told Mussmann auction by sealed bid and an open auction were essentially the same thing. Mayor Rick Rector commented that there was a lot of interest in the building, apparently implying that the interest in the building would ensure the City would get a good price.

Mussmann also asked if the money from the sale of the building would go into the general fund (to balance the 2019 budget) or if it would go toward paying down the debt on the new police and courts building. Council president Tom DePietro told her it was going into the general fund, but the general fund could be used to pay down the debt.

• Resolutions were also introduced authorizing the mayor to enter into an agreement about appropriate fees to be paid to the Columbia-Greene Humane Society for sheltering dogs found at large in Hudson and an agreement with Wes Powell for his services as dog control officer. DePietro explained that the first resolution was necessary because "Hudson was being stuck with some extra fees" by C-GHS. Alderman Tiffany Garriga (Second Ward) said she wanted Wes Powell "to come in and speak with the Council," presumably before the Council voted to renew his contract with the City.
• There is also a resolution authorizing the city treasurer to accept a check for $25,000 from the Galvan Foundation to buy a new vehicle for the fire chief. It seems money for a new vehicle was written into the proposed budget presented by the Hudson Fire Department, but in its efforts to rein in City spending, the Board of Estimate and Apportionment eliminated it. So the HFD turned to Galvan for the funds. According to the HFD website, the vehicle now used by the fire chief is a 2013 Chevy Tahoe.

• A proposed local law was also introduced raising the penalty for confining "a companion animal in a motor vehicle in extreme heat or cold without proper ventilation or other protection from such extreme temperatures." The maximum fine is currently $50; the local law would raise the fine to not less than $250 and not more than $500 for the first offense.

It should be noted that the law applies only in cases of extreme temperatures, "where such confinement places the companion animal in imminent danger of death or serious physical injury due to exposure to such extreme heat or cold." It should not prevent companion animals from going along on jaunts about town with their humans, in temperate weather, to do errands or take photographs. 

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Fleeting Hope

Anyone who was gladdened, as I was, to see that a section of the picket fence surrounding the vacant lot at Warren and Fifth streets had collapsed, hoping it might mean the whole fence would be taken down, will be disappointed, as I was, to learn that this morning it appeared efforts were underway to repair the fence.

This picture was taken shortly after 9 o'clock this morning. Probably by now it's been entirely reinstated.
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The Losing Battle for Hudson's Backstreets

Gossips has written more than once about the unconventional, "accidental" beauty of Hudson's alleys and the challenges of trying to preserve the authentic quirkiness of our backstreets. I am inspired to return to the topic again by two things that happened recently.

This morning, a phone call from a neighbor alerted me to a demolition in progress in the 200 block of Partition Street.

This once funkily picturesque building was located in a historic district, and its demolition should have required a certificate of appropriateness from the Historic Preservation Commission. None was sought or granted. Calls to Craig Haigh, the code enforcement officer, to see if the building had been deemed a hazard to public safety and given a emergency demolition permit on that basis, bypassing the HPC, have not been returned.

Meanwhile, in the 300 block of Partition Street, the Historic Preservation Commission is dealing with a proposal for renovations to another historic accessory building.

The proposal involves adding a deck on the roof, replacing the windows, and adding new roll-up overhead garage doors. 

When the proposal was presented to the HPC at its meeting last Friday, architect member Kate Johns spoke about the desire to preserve the character of alleys and backstreets. She noted that the original wood door was "highly detailed" and the windows were early windows, with wavy glass, probably original to the building. She urged that the original garage doors, which she called "rare vintage doors," be restored and adapted to function as overhead doors and that the original windows be restored instead of replaced. HPC member Miranda Barry agreed with Johns, saying that the doors were "unusually attractive" and "an original feature that has real charm."

When HPC chair Phil Forman asked the applicant, "What's your feeling about trying to keep as much as possible of the existing doors?" and applicant argued that "newer materials are far more efficient and longer lasting"--an interesting argument since the current doors have already lasted for more than a hundred years and could continue into the future, and there is no way to know if newer materials would enjoy that same longevity.

When HPC member John Schobel suggested the windows might be replicated "to preserve some of the character," the architect representing the applicant volunteered, "We've talked about using antique glass." Johns maintained that the original windows, which already have "antique glass," should be restored.

After the discussion had gone on for a while, Forman set forth the options for the applicant: "Plan A—We vote on this now. Plan B—You revise the proposal based on the comments and come back." The applicant opted for Plan A and called for a vote. Not one of the six members of the HPC voting on the proposal--Forman, Johns, Barry, Schobel, Philip Schwartz, and Paul Barrett--voted to approve the application and grant a certificate of appropriateness.

You win some; you lose some. Sadly, the losses are altering irreparably the character of Hudson.
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Building Talk

At the end of last night's informal Common Council meeting, Alderman Kamal Johnson asked for an update on John L. Edwards, which some would like the City of Hudson to acquire as a new location for City Hall, the Youth Department, the Daycare Center, and the Code Enforcement Office. He was told by Council president Tom DePietro that the request for proposal (RFP) for the feasibility study was being worked on. DePietro went on to say, "The county has given up on their interest [in the building]."



Today, the Register-Star reported that the Columbia County Board of Supervisors is looking to enter into a contract with EMG, a company headquartered in Maryland, to conduct building assessments on six buildings owned by the county "so the county can make a capital projects plan and determine how much to budget for each building": "Supervisors to vote on county building assessment contract." Four of the six buildings in question are in Hudson. They are 610 State Street, 401 State Street, 560 Warren Street, and 15 North Sixth Street. The first three buildings are historic buildings, each more than a hundred years old. The fourth is only about twenty years old.

Supervisor Ron Knott (Stuyvesant), who chairs the Board of Supervisors Public Works Committee, is quoted in the article as saying, "Some of the maintenance on these buildings has been put off over the years. For years, we've talked about moving different places, including the Walmart building, but never did that." The article goes on to say that Knott wants the assessment "to show the county what it may cost to keep the old buildings in Hudson, make them compliant with the Americans with Disabilities Act and more energy efficient."

The study will cost $27,620. The resolution authorizing the assessments was to be considered at a special meeting of the Board of Supervisors Public Works Committee tonight, then at a special meeting of the Finance Committee also tonight, and finally at the monthly meeting of the Board of Supervisors at 7:30 p.m. tonight.
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Local Law No. 5

Last night, there was a public hearing on proposed Local Law No. 5, which has come to be known as the "Stewart's law." The law would amend the zoning in R-2 and R-2H districts to enable Stewart's Shops to expand its convenience store and gas station at the corner of Green Street and Fairview Avenue, demolishing two houses, representing six or seven dwelling units, in process.

The public hearing lasted all of six minutes, with only three people having anything to say. One of those people was Kristal Heinz. In the past, Heinz has expressed objections to proposed Local Law No. 9 of 2017, which would have allowed preexisting commercial buildings in residential districts to have new commercial uses and be renovated or even expanded, provided the expansion did not exceed the lot on which the building was located. Her past objections seemed to arise from concern about the impact Local Law No. 9 might have on R-5 zoning districts. Last night, Heinz expressed support for Local Law No. 5. Michael LeSawyer, who lives across Fairview Avenue from Stewart's and in the past has expressed opposition to Stewart's expansion, declared the zoning amendment "not a problem" but went on to say he didn't think he should be subject to restrictions that Scali's and Stewart's were not. (Scali's and Stewart's being the only possible beneficiaries of this zoning amendment.)

I expressed my puzzlement that, in light of letters from former city attorney Ken Dow and former Third Ward alderman John Friedman, which defined substantive problems with the proposed zoning amendment and, in the case of Friedman, suggested an alternative approach to addressing the problem, and the recommendation from the Planning Board, which the Council waited months to receive, it appeared the Council was moving forward with the law without making any revisions to it. Council president Tom DePietro informed me that the Council had never received the letters from Dow and Friedman, implying that since the letters had been addressed to the Planning Board instead of the Council, the Council was free to ignore the problems with the proposed law identified in the letters. The recommendation from the Planning Board, however, was addressed to the Council, and it seems, unless the Council intends to disregard it completely, the proposed law needs to be revised to include some reference to SmartCode principles if the Planning Board is to be empowered to prevent a sprawling, incongruous, suburban-looking gas station from being built at the corner of Green Street and Fairview Avenue.

The Stewart's in Chatham, which is very like what has been proposed for Hudson

The Council may be counting on Stewart's to be a "good corporate actor" and abandon its formula stores to build something unique for Hudson at the behest of the Planning Board, but if it's not part of the law, that doesn't seem assured. And what about Scali's? Without anything in the statute to make designing according to SmartCode principles a requirement, will the Planning Board be able to exercise any design control if and when Scali's decides to demolish a house and expand?
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The Crosswalk Four Plead "Not Guilty"

The Register-Star reports today that, despite photographs posted on Facebook by one of their number showing them in the act of painting unsanctioned crosswalks at Third and State streets, Linda Mussmann, Claudia Bruce, Peter Spear, and Ed Cross pleaded "not guilty" to the class A misdemeanor charge of making graffiti: "Suspected crosswalk spray-painters plead not guilty."

Photo: Linda Mussmann|Facebook

Photo: Linda Mussmann|Facebook

The article reports: "All four are due back in court Dec. 11 for an appearance to discuss restitution. . . . No trial date has been set."
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