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Audio Feature: May 9 Hudson Zoning Board of Appeals Meeting

May 10, 2017 9:15 am
Listen or download audio (1:07:32) from the city of Hudson Zoning Board of Appeals public hearing on an appeal of an order to remedy violation from A. Colarusso & Sons concerning the replacement of a bulkhead without planning board approval. (Meeting outline with times below.) Recorded by Jess Puglisi.

Hudson Zoning Board of Appeals
Tue., May. 9, 6 p.m., City Hall

Call to order (6:01 p.m.)
0:53: J.R. Hefner (VP Of Operations, A.Colarusso & Son) explains bulkhead repairs.: 1:45: The 75-foot section of bulkhead will not be utilized in operation.: 2:05: The process began in 2015, lists departments aware of activities.: 3:00: Public comments received.: 4:00: Everything happened openly during normal business hours.: 4:45: Permits granted Nov. 16 and work began. City Code Enforcement Officer Craig Haigh received complaints via phone calls.
6:20: Protects the health and welfare of recreational use and residents, not Colarusso.: 7:00: Colarusso engineer P.J. Prendergast shows plans to ZBA.
11:00: Prendergast presentation ends.
11:15 (- 26:07): Colarusso attorney John J. Privitera, argues administrative appeal of order from code enforcement agency to ZBA.
11:58: Number of procedural errors, another will happen tonight
1. Citizen’s amicus brief was incorrectly accepted
2. Hudson Planning Board attorney Mitch Khosrova filed a brief; Privitera did not get served.
3. Open floor to public opinion. That does not happen when judicial body needs to make a determination. Justice should be blind! We respect public opinion with respect to the haul road.
15:15: We ask you to not be influenced by public opinion, it is irrelevant to this procedure.
16:01: Khosrova comes off as an adversary
16:25: ZBA needs independent legal counsel
16:45: Everything from Hefner is under oath and not challenged.
17:23: Khosrova argument that under SEQR DEC says this is not minor action under Hudson code is red herring.
20:10: First part of the law: Maintenance or repair, not substantial change in initial structure, not substantial because it is steel instead of “rotting logs.” Second part of the law: Rehabilitation in kind. 22:54: Third part of the law: Construction or expansion less than 4,000 square feet is also minor, not requiring planning board review.
26:07: We ask you reverse code enforcement officer's ruling.
26:30: Haigh, from the code perspective. There was nothing presented to tell us material, whether it was major or minor. Clear in code that everything in that district requires a site plan review.
27:45: Formed an opinion on what was seen in January. City never had an opportunity to determine if the work was major or minor because nothing was presented.
28:15: Lisa Kenneally, ZBA chair question: Why if the state approves did Hudson have to?
Haigh: Both permits said it does not eliminate the need for local approval.
29:00: Hefner: Probably right; did not have jurisdiction because it was a federal waterway.
29:30: Khosrova: Local and state or federal have different responsibilities and review areas.
30:27: Haigh further response.
30:50: Kenneally: Where did the phone call come from?
31:45: Kenneally opens the floor to public questions.
31:50: Tim O'Connor: Question and prepared statement.
41:25: Julie Metz
44:35: Krystal Heinz
45:30: Privitera response.
47:35: Kenneally asks for more statements.
47:45: John Rosenthal
48:45: Public hearing closes.
49:08: Motion to open regular meeting.
49:30: ZBA member Myron Polenberg comments.
52:15: ZBA member Steve Dunn comments.
1:00:00: The bulkhead has been expanded (Dunn).
1:07:15: Khosrova comments.
1:12:36: Kenneally comments.
1:13:10: ZBA member MaryEllen Pierro comments.
1:14:10: Kenneally calls for the vote.
1:14:30: Dunn motion.
1:16:30: Unanimous vote to deny.
1:17:00 (7:18 p.m.): Meeting adjourned.