Town & Village Take Legal Action Against Fjord Trail

Both the Cold Spring Village Board and the Philipstown Town Board voted last week to initiate joint Article 78 proceedings against the Hudson Highlands Fjord Trail, Inc., project manager, and the New York State Office of Parks, Recreation & Historic Preservation. 

The village board voted unanimously in favor of taking legal action, while the town council vote was 4-1, with Trustee Judy Farrell being the lone vote against the measure.

HHFT proposes to build a 7.5-mile-long publicly accessible linear park that is a shared-use pedestrian and bicycle (non-motorized) trail. The park would run along the eastern shore of the Hudson River between the City of Beacon in Dutchess County and the Village of Cold Spring in Putnam. State Parks served as the lead agency for the State Environmental Quality Review Act. 

On Dec. 4, 2024, the state issued a Draft Generic Environmental Impact Statement on the proposed project, providing a 90-day response time. Town and village trustees and attorneys, among others, prepared extensive comments in response.

After a year of review, on Jan. 21, 2026, State Parks issued a Final Generic Environmental Impact Statement.

The proposed Article 78, a special proceeding in NYS Supreme Court used to challenge decisions, actions, or inactions by administrative agencies, must be filed within four months of the agency’s action.

Cold Spring Village Mayor Kathleen Foley and Philipstown Town Supervisor John Van Tassel each stated that the FGEIS inadequately addresses village and town concerns about environmental impact, traffic, parking, and public safety – noting this is the “one and only opportunity” to contest those findings, and that if no legal response is made, “the trail will end up right at Dockside.”

“We need to protect our waterfront,” said Foley.

Village attorney John Furst and Town Attorney Mary Kate Ephraim will prepare the Article 78 for filing, with a deadline of May 7.

Van Tassel focused in particular on the report’s claim that increased visitation would have no impact on emergency services.

“I can’t swallow that,” he said. “Not with thousands of additional visitors.” 

The trail’s impact on the town and village has been hotly debated for decades, with no apparent agreement on its final scope.

Van Tassel’s request of the trail was, “Build it south to Little Stony Point, then give us a pause for two years. But they would not agree to a pause,” he said.

Philipstown Trustee Judy Farrell was against taking legal action. “I wonder if this is a good use of taxpayer money,” she said. “This is not in the town budget. We are going to burn some bridges.”

Reaction to both the village and town actions was mixed from meeting attendees. While many cheered in Town Hall when the vote was taken, Van Tassel and Foley were criticized for calling a vote on these resolutions with short notice to the public.

Peter Mullan, president and CEO of the Hudson Highlands Land Trust, issued a statement in response to the action, expressing his disappointment and citing a recent positive collaboration with the county, town, and village for a sidewalk project to which the HHFT committed $450,000.

“Why is this type of divisive, incendiary action necessary at tremendous local taxpayer expense, especially as local governments deal with stretched budgets and cut services?” he asked. “The supervisor and mayor seem intent on continuing to foster a climate of conflict.”

Van Tassel estimated that the Article 78 legal action would cost between $15,000 and $20,000, and that recent revenue from a film shoot would help mitigate legal costs.

“I don’t think we can afford it, but we can’t afford not to do it,” he said.