Moratorium intended to clarify regulations
The next several months should determine how many trucks, if any, will be dishing out comfort foods in Cold Spring.
After a public hearing on Wednesday (July 9), the Cold Spring Village Board approved a six-month moratorium on licensing and operation of food trucks, both on public and private property within the village.
Events such as the Modern Makers Markets at St. Mary’s Church, which have already advertised having food trucks, will be able to host them during the moratorium.
Mayor Kathleen Foley said clear, less arbitrary and more-thorough guidelines are needed to be fair to operators as well as residents and businesses potentially affected by food trucks.
Applications are considered under Chapter 71 of the Village Code, which deals with licensing, and which Foley said includes provisions drafted in 1931 and updated in 1992.
“It was written in a different time, largely addressing door-to-door solicitations and street peddling,” she said, adding that since the pandemic there has been increased interest from food-truck operators, as well as from residents who would like more casual “grab-and-go” food options.
Residents who attended the public hearing, however, expressed no support for allowing food trucks, other than at special events.
“We’re brick-and-mortar, trying to stay alive and make our money; food trucks bring competition we can’t deal with,” said Doug Price, owner of Doug’s Pretty Good Pub. “I just don’t think it’s fair; I don’t think it’s right.”
Price said he feels the current regulations are adequate and that he can understand allowing food trucks on the riverfront during special events, “but not on a regular basis.”
Gaston Alonso, who lives in the lower village, thanked the board for taking time to consider the issues involved and urged them to avoid issuing permits arbitrarily, adding that he has concerns regarding favoritism, corruption and abuse of power.
“Residential areas should not have their quality of life sacrificed for someone else’s profit,” Alonso said. ”Food trucks will have more damaging effects in areas that are already overrun by crowds, including the lower village.”
He cited problems such as generator noise, the daily setup and extended hours, parking, garbage, odors and the cost of cleanup.
Derek Graham, also a resident of the lower village, characterized food trucks as “an unnecessary imposition on lower village residents that don’t benefit the community in any way,” while producing trash, carbon monoxide fumes, diminished views at riverfront parks and reduced revenue for other local food businesses.
Not everyone on the board agreed with the mayor’s call for updated regulations. Trustee Aaron Freimark noted that there are already food trucks in the village at special events. “I haven’t heard any comments about that killing businesses or creating too much trash,” he said.
Noting that the moratorium would be universal across the village, Freimark said he worries the board “is approaching this with too blunt an instrument when being more specific is probably better; we’re creating more ‘process’ than is needed.”
Trustee Eliza Starbuck agreed. “I don’t see why we need more rules and regulations for something that has been managed well by this board in the past; I think the current code is sufficient,” she said. “There are references to peddling in Chapter 71 that are vague enough to be stretched and applied to food trucks.”
Foley countered that Chapter 71 doesn’t consider what neighborhoods are appropriate or inappropriate for food trucks and fails to address such details as hours of operation and impact mitigation for trash and odors.
She expressed concern that the existing laws do not prevent a village board from allowing a food truck to operate seven days a week, 10 hours a day, adding there has already been a proposal for one to operate five days a week, eight hours a day.
“There are lots of regulations across New York state to draw from,” she said. “The question tonight is, are we in favor of establishing a six-month moratorium on the issuance of permits for food trucks while we pass reasonable and thoughtful regulations?”
Trustee Laura Bozzi supported the need for greater clarity. “We currently don’t have the structure needed to make permit decisions without being arbitrary,” she said.
Trustee Tweeps Phillips Woods said she appreciates concerns about trash, traffic and other issues, but that the board can’t say yes or no to an application, “without language that clarifies what’s reasonable, what we define as a good location, and hours of operation. The language on peddling is from 1931; I think an update is reasonable.”
The resolution establishing the six-month moratorium was approved in a 3-2 vote, with Starbuck and Freimark voting no.
In other business…
■ The Highway Department will soon implement traffic calming and pedestrian safety measures at two key intersections based on recommendations in a study completed by the New York Metropolitan Transportation Council and the Transportation Center at Rutgers University earlier this year.
The T-intersection at Lunn Terrace and Market Street will become a three-way stop, pedestrian crosswalks will be enhanced and directional signage added for traffic turning onto Market from Lunn. An optional mini-roundabout won’t be implemented, but Crew Chief Robert Downey indicated it could be considered.
At the Lunn Terrace-Main Street-Depot Square intersection, pedestrian crosswalks will be improved, and Americans with Disabilities Act (ADA) compliance improved. The NYMTC study also included recommendations for Fair Street and the intersection of Main Street and Route 9D.
■ The board passed a resolution recognizing East Belvedere Street as a public street. Built around 1928, the road and the land under it were never dedicated to the village but have been used by the public for nearly 100 years. Under state law, if a road is used by the public continuously for more than 10 years, it is considered a public road. Although the village has maintained East Belvedere for decades, the resolution doesn’t obligate it to bring the street into compliance with the Village Code, nor does it make the village responsible for any private underground utilities.
Foley said public records have been inconsistent regarding the road’s status. Because a subdivision on it will require extension of the village water line the village attorney recommended it be formally designated as public.
■ The village has received the $2.5 million grant from state Department of Environmental Conservation for repairs to the village’s upper dam.
■ Superintendent of Water and Wastewater Matt Kroog reported that despite 3.49 inches of rain in June, the village reservoirs dipped to 89.75 percent of capacity, compared with 96.3 percent a year ago.
■ Cold Spring Police answered 143 calls in June, including 26 assists to other agencies, 25 traffic stops, 19 building and area checks, eight assists to the public, five motor vehicle accidents, four domestic disputes, three noise complaints, three persons in crisis, two parking violations and one disorderly conduct.
■ Chief Matt Steltz reported that Cold Spring Fire Co. volunteer firefighters responded to 15 calls in June, including four activated fire alarms, two mountain rescues, two CO2 alarms, two powerline issues, a three-car accident, a potential hazmat incident at Haldane and a malfunctioning residential elevator.
■ CSFC will hold its 23rd annual Junior Firefighters Academy on July 21 to 25. Church Street will be closed adjacent to the firehouse on July 25 from 3:30 to 8:30 p.m. for graduation.
■ The board began discussion of revisions to Village Code chapters dealing with garbage, recycling, recreation and parades.
■ The village has job openings for a parking enforcement officer and a crossing guard.
