Cold Spring Wavers on Waivers

Second public hearing scheduled on parking changes
The Cold Spring Village Board, at its Wednesday (Oct. 22) meeting, tabled recommendations from the Planning Board to approve 32 parking waivers for 1 Depot Square and 37 Main St.
Since 2010, the board has granted waivers to businesses for $250 each, as payment in lieu of providing the required number of off-street spaces required by the Village Code when parking spaces are unavailable.
On Wednesday, Mayor Kathleen Foley questioned the effectiveness of the waivers. "The physical reality of the village is that the parking waivers don't help us," she said. "It's cash in the door, but it doesn't get us closer to solving the (parking) problem."
When waivers were initiated 15 years ago, (the first six were issued to Frozenberry, then at 116 Main St., where Angie's is located now), the village population didn't more than double on peak tourist weekends as it does now, she said.
At 1 Depot Square, the code requires 14 off-street spots for a planned addition of a 1,250-square-foot event space at the south end of The Depot Restaurant. Angie's Bakery and Café also plans to move and expand at 37 Main St., which would require 18 off-street spots. Both locales are busy sections of the village.
Brian Tormey, the owner of 37 Main St., said that while there is space behind the building, it isn't suitable for customer parking for logistical and safety reasons.

Greg Pagones, who owns The Depot, said he's been using space owned by Metro-North adjacent to the restaurant for staff parking since 2007 through an informal agreement with the railroad. Pagones said Metro-North indicated several years ago it intended to formally renew the agreement, but that hasn't happened.
Foley expressed concern over the lack of a contract with Metro-North. "If we enter an agreement based on the concept that that space is available to you, and a year from now, MTA says, 'Nope, you're out,' we've made decisions about parking based upon space you don't control," she said to Pagones.
There was discussion as to whether Depot Square, often described as a private road, is actually a public street, and whether that status would affect off-street parking. Documents related to the street date to the mid-1800s.
"There is a public right-of-way that encompasses essentially all of the roadway and the parking on either side," said the Planning Board attorney, Jonathan DeJoy. "On top of that, the street has been used as a public street for decades."
The board tabled a decision on the parking waivers pending consultation with the village counsel. "We want to find middle ground that allows entrepreneurial efforts in the village to flourish," balanced with quality of life for residents, Foley said.
In a Friday (Oct. 24) email, she described the situation as a quandary. "The practice of parking waivers has kicked the can for new developments down the road for a decade," she wrote. "Now the board has no option but to deal with the reality on the ground, weigh pros and cons, along with property rights, and make the best decision we can for the widest interests of the village. It is by no means a simple question."
In other business …
A second public hearing will be held on Nov. 12 at Village Hall on proposed changes to Chapter 126 of the Village Code, dealing with vehicles and traffic. The revisions proposed include limiting free parking on the east side of High Street to the section between Haldane Street and Northern Avenue and extending parking limits on both sides of Fair Street to include the section north of Mayor's Park to the village limits.
Twenty-four winter parking permits will be available for the municipal lot on Fair Street. Permits cost $40 and are valid from Nov. 15 to April 15.