COPYRIGHT 2017 CAROLE OSTERINK
Thursday, July 13, 2017
Meeting Reminder
Tonight at 6:30 p.m., the Planning Board holds a public hearing on Colarusso's application for a conditional use permit for alterations made to the north end of the dock without seeking the required permit before the work was undertaken.
Also on the agenda for tonight's meeting is a new plan to provide the required parking for the COARC daycare center to be relocated in the Galvan Armory.
COPYRIGHT 2017 CAROLE OSTERINK
COPYRIGHT 2017 CAROLE OSTERINK
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Under Article VII of the City Code, "Enforcement and Penalties," paying the monetary fine for a zoning infraction is nothing compared to the cost of an attorney to contest alleged violations:
ReplyDelete"Any individual who fails to follow the provisions of this chapter shall be guilty of a violation and shall be subject to a fine of not less than $100 nor more than $2,500 or 15 days' imprisonment, or both. .... Fines shall be collected and violations of this chapter shall be prosecuted in the manner prescribed by law or ordinance effective in the City of Hudson" (§325-33 (A) and (C)).
http://www.ecode360.com/5082706?highlight=penalties
If the attorney charges $100/hour, then the fine was matched at 25 hours. If the legal fee was $1,000/hour, then the fine was equaled in two and a half hours.
In retrospect, it would have been cheaper for the company to just pay a fine. On the other hand, the implications of a successful appeal in setting an interpretative precedent for the Core Riverfront District was worth the risk. The company weighed its options and took the risk.
That's a really insightful post by 'unheimlich' above. Colarusso is putting a huge amount of money and effort into fighting procedural battles. They are paying a law firm and engineers premium rates to advocate for the company in front of the Greenport & Hudson planning boards. They sure as hell aren't doing this to improve the quality of life for the poor suffering residents along Columbia St. They have one of two goals in mind-- either ramp up production and make a pile of money, or get their entire operation permitted and shovel-ready for sale to another entity.
ReplyDeleteThanks E.J.
DeleteOne wonders how the company's shareholders allowed this to happen? Did they really invest millions in a property without ever looking at the zoning restrictions?
It's hard to credit, but I reckon it's possible.