Word from "the Other Side of the Tracks"

At the end of the Planning Board meeting last Wednesday, Theresa Joyner, who chairs the Planning Board, proposed that they accept an invitation to make a site visit to "the other side of the tracks"--the other side of the railroad tracks from the Colarusso dock, which, having operated without one since January 2017, is seeking a conditional use permit from the Planning Board. 

The following is quoted from a letter from Ben Fain sent to the Planning Board last week:

I wanted to thank you again for your offer to reevaluate the potential for a Public Hearing on the Colarusso Dock Conditional Use Permit.

As a very close neighbor to the dock we are extremely concerned about the consequences this decision will have on our work and hopes for the future of Hudson’s waterfront.

Our businesses (Kitty’s, Grapefruit Wines, The Caboose, The Wick, Robert Taylor House restoration and soon to come Kaz redevelopment) have grown considerably over the last few years. It’s hard to believe but we currently have over 82 full time employees (with plans for significantly more), and almost 4m in payroll in 2024, not to mention the hundreds of thousands of dollars in Hudson property tax we gladly pay. 

To that end, we wanted to share a memo that may provide additional insights into the Conditional Use Permit for Colarusso dock operation discussed in previous meetings. 

This memo outlines specific considerations established by court rulings regarding the authority of the planning board to impose limitations on the dock operation. 

As you’ll see, counter to what the city attorney represented at the last meeting, this memo shows definitively that the court rulings authorized the Planning Board to impose significant conditions on the entire dock operation, not just the bulkhead.

"additional conditions on such [continued] use [of the dock] as may be necessary to protect the health, safety and welfare of residents living in close proximity to commercial docks and the public while recreating and using public facilities adjacent to commercial docks. . . ."

Examples of conditions:

Section 325-17.1(F)(2) imposes special conditions for commercial dock operations. These are mandatory conditions that a commercial dock operation subject to a conditional use permit must comply with. The Planning Board can certainly impose conditions that facilitate and flesh out these conditions.

Such mandatory conditions include: 

• Dust, smoke, gas, odor or air pollution shall not adversely affect the surrounding area
• The Planning Board could impose conditions requiring dust suppression
• The Planning Board could impose limits on the use of the dock for receipt of odor emitting materials (e.g., noxious chemicals, solid waste)
• Compliance with the City Noise Ordinance
• Control measures including barriers, landscaping, and low volume back-up warnings on heavy equipment could be required
• Limits on hours for loading and unloading from dock and truck arrival and departure times (i.e., 7 a.m. to 7 p.m. set in Code) 
• Truck engine idling is prohibited 
• Light sources shall not be visible beyond the lot lines (subject to lighting necessary for safety) 
• The Planning Board could require certain types of down facing, dark sky compliant lighting 
• Visual impacts shall be minimized and direct views from public locations protected. Outdoor storage of goods and materials shall be screened 
• Could require barriers or landscape plantings to block views 
• Could require construction of a building to screen storage of goods and materials
• Public access to and from the river shall be incorporated 
• Could require pedestrian safety and access measures on the property if needed 
• Preservation of natural features, wetlands, wildlife