Highlands Current Audio Stories
Municipalities, nonprofit, residents challenge review As anticipated by votes earlier this month by the Cold Spring and Philipstown boards, the municipalities on Wednesday (May 20) filed a state lawsuit challenging the conclusions of a mandated environmental review of the proposed 7.5-mile linear park that would connect Beacon to Cold Spring. At the same time, a nonprofit group, Protect the Highlands, filed its own lawsuit. The legal actions name Hudson Highlands Fjord Trail Inc., a subsidiary of Scenic Hudson, and the state Office of Parks, Recreation and Historic Preservation. Both allege that a recently completed state environmental review fails to adequately assess the project's impact on the village and town. The lawsuits had to be filed before May 20, or 120 days after the end of the environmental review process, to meet a state deadline. The legal actions are Article 78 proceedings, which enable municipalities and others to challenge the actions or inactions of local and state agencies. Protect the Highlands filed its challenge in Albany County, along with four Cold Spring residents — Tom Impellittiere, Stephanie Impellittiere, Stephanie Skiptunis and Rosanne Powell — whom the filing says "will suffer direct environmental, aesthetic and community impacts distinct from those experienced by the public at large." The village and town filed their lawsuit in Putnam County. The municipalities hope to have Putnam County join them, but the Legislature did not vote on the request before the filing deadline. At the Wednesday meeting of the Village Board, Mayor Kathleen Foley said that the lawsuit "does not stop the project, as some have erroneously asserted," but that "we would be delinquent in our duties if we did not challenge the findings." She said that, earlier in the week, the village received an email signed by residents who support the Fjord Trail, requesting a referendum on the project. Foley said a vote "is not a possibility under state law." She added that she could say "with certainty that even if every resident in this village stated their unconditional support for the Fjord Trail project, this board would still be asking fiscal, environmental and quality-of-life questions." The lawsuit also names Putnam County, and Cold Spring resident Laura Bergman, which Foley said was done to give both the opportunity to join as petitioners or respondents. Bergman owns property at the entrance to Dockside Park. Both lawsuits focus on the southern section of the trail, from Cold Spring to Breakneck Ridge. In February, HHFT said it would delay construction on the southern end by at least two years to collect data on a stretch of the Hudson River where an elevated boardwalk is planned. A pedestrian bridge at Breakneck, which underwent a separate environmental review in 2022, is under construction, along with a parking lot on Route 9D across from the former Dutchess Manor, which will be the HHFT headquarters. Protect the Highlands alleges that the state's "findings statement," which cleared the way for HHFT to move forward, was "arbitrary, capricious and irrational on several fronts" and should be annulled. The municipal suit asks that the findings statement be nullified for the southern section, and notes that HHFT must get land-use and Zoning Board approvals from Cold Spring and Philipstown for sections of the trail on private property or within the state park. (The environmental review concluded that HHFT does not need local approval for parts of the trail built on state land.) In addition, the suit says that access to Dockside Park, which is owned by the state and maintained by the village, would only be available through an easement on private land. It asks the court to rule that the easement does not provide the access required to reach the trail. Cold Spring and Philipstown argue that concerns regarding traffic and emergency services "were marginalized, if not completely ignored," and that several findings were "arbitrary a...
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