Asked to join Cold Spring, Philipstown lawsuit
The chances that Cold Spring and Philipstown will have Putnam County's resources in their quest to overturn New York State's approval of the Hudson Highlands Fjord Trail environmental review just dimmed.
One week before a May 20 deadline for the village and town to file a court challenge, the Putnam Legislature's three-person Protective Services Committee voted 2-to-1 to refer a request for the county to participate to the Legislature's legal counsel. Nancy Montgomery, who represents Philipstown and part of Putnam Valley in the Legislature, cast the "no" vote.
If the committee had approved the request on Wednesday (May 13), it would have gone to the full Legislature, which does not meet until June 2. But Thomas Regan Jr., who chairs the committee, said the request from County Executive Kevin Byrne came two days before the meeting — without a draft lawsuit, cost estimates and enough notice to include the item on the meeting agenda.
"Regardless of my feelings on the topic, it would be ill-advised in any circumstance — for just learning about something and say, 'We're going to go in with this lawsuit and see where it goes,' " he said.
Before the vote, Cindy Trimble, a Philipstown resident, demanded that Montgomery recuse herself because she has expressed support for the trail and "has not publicly addressed" concerns about the project.
"What law says I have to recuse myself?" asked Montgomery.
Regan repeatedly asked Trimble to limit her comments to the vote on whether to refer the request to the legislative counsel. He banged a gavel as the back-and-forth continued. "This landed on our desk 48 hours ago, which has now put us in a hot seat," said Regan. "We have constituents who have concerns on both sides of this, and we want to do right by everybody."
In a "findings statement" dated Jan. 20 that concluded the mandated environmental review, state parks said that HHFT "avoids, minimizes or mitigates potential adverse environmental impacts to the maximum extent practicable" and "will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations."
The town and village boards said the review of the project — a 7.5-mile trail between Dockside Park in Cold Spring and Long Dock Park in Beacon — did not adequately address potential visitor impact on parking, traffic, emergency services and local quality of life. The municipalities have 120 days from the date of the findings statement to file an Article 78 proceeding. Earlier this month, their respective boards authorized Mayor Kathleen Foley and Supervisor John Van Tassel to ask Putnam to join a lawsuit.
After the Protective Services Committee voted to refer the request, Van Tassel asked the legislators, "Can I just mention the timeline that we're up against?" Legislator Jake D'Angelo responded: "That's not our problem."