VIDEO: Kingston Planning Board Sets Public Hearing on April 10th for Kingstonian Project.

Last evening, the Kingston Planning Board announced that it would not be making a determination at this time for the proposed Kingstonian Project, accepted its role as lead agency of the review process and, set a public hearing for the project to be held on Wednesday, April 10th at 6:00pm.

The public can attend to share any of their concerns (that will be placed on record) for consideration of a determination by the planning board as lead agency for the Kingstonian Project.

Video made by Clark Richters of the Kingston News. Brought to you by KingstonCitizens.org.

 

(click on image to view video)

2:00 – 4:55
Geddy Sveikauskas

“The project is sited on the steep slope connecting two quite different successful neighborhoods, Kingston Plaza and the Stockade district. Connecting these two signature parts of the city while retaining the character of each has been a community goal for at least the last 361 years. Given the site’s location and it’s important to examine the site very thoughtfully with extensive community input  …the present design (of the Kingstonian) presentation has been disappointing and unpersuasive. More of a marketing effort designed to mislead than a site plan to provide an honest sense of the environmental, economic and social impacts of this $40 million + project.”

5:00 – 11:44
Rebecca Martin

“The spirit of SEQR is to provide the opportunity for the public to identify and understand what the impacts of a project like this are – so that they can be properly mitigated through a collaborative and inclusive process. At this critical juncture, it would be helpful for the planning board as lead agency to communicate in advance the timeline of SEQR as it pertains to this project so that the public will know what and when they can contribute in a meaningful way.”

11:50 – 14:15
Peter Orr

“Although certain people supporting a positive SEQR declaration have said they only wish to have a process that maximizes the benefits to Kingston residents, the reality is this project will not happen if a positive declaration for SEQR occurs…”

14:17 – 16:29
Karen Clark-Adin

“One aspect of the Kingstonian is important to bear in mind. This is not an out of town billionaire developer. This is the Jordan family. They have been in the city of Kingston for over 80 years…I highly doubt that the upstanding members of the Jordan family would do a shabby job in the Kingstonian development…being a contributing citizen in a community is incredibly important and should be recognized and acknowledged. The Jordan family has that in spades. It’s very important for you to look at the residents of the city of Kingston who has been here for years supporting the city.”

16:33 – 18:19
James Shaughnessy

“I suggest that a positive SEQR declaration for the Kingstonian project be made. The proposal is the largest uptown development project in recent history. It is on the boundary of the Stockade – a historical district. The footprint and scale will be larger than any in the surrounding neighborhood…Millions of public dollars are earmarked…what other subsidies have been promised or asked for? This is not an unabashed benign project. Positive and negative impacts will be irrevocable once it’s built. Kingston deserves more than a ‘no problems’ declaration.”

 

18:26 – 25:29
Testimony on the West Chestnut Boarding House

 

(click on image to view video)

Kingston Planning Board declares Lead Agency and announces April 10th at 6:00pm in the Kingston Common Council , special meeting to open a public hearing for the Kingstonian Project.

Items #9 and #10 are tabled at this time.

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For more information, please REVIEW the Kingstonian Project Environmental Assessment Form (EAF)

INVOLVED AGENCIES (those who have a discretionary decision to make for the Kingstonian Project) include:
 
1. City of Kingston Planning Board (site approval, special use permit approval, SEQRA approval, Lot Line Revision).
 
2. City of Kingston Common Council (Closing of a City Street, Sale of Land or Easement Conveyance, Deviated PILOT Review)
 
3. New York State Department of Environmental Conservation (SPEDES General Permit for Stormwater Discharge)
 
4. City of Kingston Department of Public Works (Curb Cut Permit, Sewer Tap)
 
5. City of Kingston Zoning Board of Appeals (Area Variances for Floor Area Ratio and Height)
 
6. City of Kingston Historic Landmarks Commission (Notice of Preservation of Action)
 
7. Ulster County Industrial Development Agency (Deviated PILOT Agreement)
 
8. City of Kingston Water Department (Water tap)
 
9. City of Kingston Consolidated School District (Deviated PILOT Review)
 
10. Empire State Development Corporation (Approval of Grants: Restore New York, Consolidated Funding Application and Downtown Revitalization Initiative)

WHAT TO EXPECT. March 18th Kingston Planning Board Meeting and the Kingstonian Project

 

 

WHAT
City of Kingston Planning Board Meeting

WHEN
City of Kingston City Hall
Council Chambers (Top Floor)
6:00pm

WHERE
420 Broadway
Kingston, NY

MORE
After general announcements and introductions, the first order of “regular business” includes public speaking for any planning related topic. Please plan to keep your comments to 2 minutes or less to accommodate more speakers.

SIGN THE PETITION
In the meantime, if you are a Kingston resident or business owner, please sign the PETITION to request a Pos Dec and 90-day scoping period.

 

By Rebecca Martin

On Monday, March 18th beginning at 6:00pm, the Kingston Planning Board is anticipated to accept their role as Lead Agency for the proposed Kingstonian Project, a Type 1 action in the State Environmental Quality Review (SEQR). As Lead Agency, they will make a Positive (Pos) or Negative (Neg) Declaration (Dec) determination for the project.

This is a critical moment in determining what the public review process will be for this project going forward. A transparent and inclusive SEQR process is the public’s rightful opportunity to address important concerns in a comprehensive manner. It also establishes a strong framework for communication among government agencies, project sponsors, and the general public.  This is NOT a campaign to stop a development. This is about ensuring that whatever gets built benefits the Kingston community to the greatest extent possible and that adverse impacts are avoided or mitigated.

Read more…

Historic Landmarks Preservation Commission (HLPC) Identifies Potential Significant Environmental Impacts of the Kingstonian Project.

By Rebecca Martin

At last evening’s meeting of the Historic Landmarks Preservation Commission (HLPC), the Commission as an involved agency in the State Environmental Quality Review (SEQR) for the proposed Kingstonian Project put forward a motion to amend the agenda to include a discussion of the Kingstonian Project and its “potential significant environmental impacts” pertaining to historic preservation. With the clock ticking on a 20-day window for the Planning Board, as lead agency, to make a Positive or Negative Declaration in SEQR (the deadline being March 20th), the HLPC’s March meeting would have effectively been their last opportunity to discuss their concerns as a collective body. Apparently it was the desire of the entire Commission to have this discussion placed on its March agenda beforehand, but their request was not honored by the Commission’s administrative staff in the Planning Department.

VIDEO ONE:  4:00 – 20:00

KingstonCitizens.org found it deeply troubling that the City of Kingston’s Planning Director — who is both affiliated with the Planning Board as Lead Agency (meant to be an impartial body responsible for administering the environmental review process) and as staff of the executive branch that wrote the successful Downtown Revitalization Initiative (DRI) application to secure the $10 million dollar grant to be used in part to fund the Kingstonian Project — spent nearly 15 minutes trying to dissuade the Commission from amending their agenda to include a discussion of the project and its potential impacts as it pertained to the historical, archeological and community character of the project.  

The HLPC is one of 10 involved agencies that will have a discretionary decision to make for the Kingstonian Project. Although anyone can point out potential significant environmental impacts, it is required in the SEQR regulations for the Commission in their capacity to “state their concerns (of the)…potential (environmental) impacts of the overall action”.

In the SEQR Handbook, Page 66, “How is the lead agency chosen?” it says about all Involved Agencies:

“The agency undertaking a direct action or the first agency to receive a request for funding or approval should circulate a letter, Part I of the EAF, and a copy of the application, including a site map, to other potentially involved agencies. That agency may choose to indicate its desire to serve as lead or may point out that its jurisdiction may be minimal compared to other agencies. If it has indicated a desire to become lead agency, it may also note its intended determination of significance. The letter should request all other involved agencies to state their interests and concerns regarding selection of lead agency and potential impacts of the overall action. The letter should also note that an agency’s failure to respond within 30 days of the date of the letter will be interpreted as having no interest in the choice of lead agency and having no comments on the action at this time.”

“Dan,” said Kingston Planning Director Suzanne Cahill, as a seemingly last resort for support of her efforts to squash the item from the agenda. “I’m with you,” replied Dan Gartenstein, the City of Kingston’s Assistant Corporation Counsel, who serves at the pleasure of the Mayor. “I don’t think this item should be discussed if it was not on a publicly distributed agenda…based on open meetings law.” However, there is no reference to agendas in the NYS Open Meetings Law.

  1. Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given or electronically transmitted to the news media and shall be conspicuously posted in one or more designated public locations at least seventy-two hours before such meeting. 
  2. Public notice of the time and place of every other meeting shall be given or electronically transmitted, to the extent practicable, to the news media and shall be conspicuously posted in one or more designated public locations at a reasonable time prior thereto. 
  3. The public notice provided for by this section shall not be construed to require publication as a legal notice. 
  4. If video conferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that video conferencing will be used, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations. 
  5. If a meeting will be streamed live over the internet, the public notice for the meeting shall inform the public of the internet address of the website streaming such meeting. 
  6. When a public body has the ability to do so, notice of the time and place of a meeting given in accordance with subdivision one or two of this section shall also be conspicuously posted on the public body’s internet website.

KingstonCitizens.org is all for good policy, but the City of Kingston’s elected and appointed officials have a responsibility to not mislead the public or its citizen volunteer commissioners at any time. In the case of the Kingstonian Project, the meeting filmed last night raises the question of whether it is even possible for any municipal body to be lead agency and remain impartial in SEQR given what it stands to gain in a public/private partnership. Maybe, but the perceived errors in the actions of city staff last night ought to be enough to inspire the Planning Board to follow the rules to the letter to insure a transparent process.

 

VIDEO TWO: 5:34 – 18:08

 

The HLPC discusses the potential significant environmental impacts as it pertains to historic preservation for the proposed Kingstonian Project.

  • The project site has the potential to yield information important in history or prehistory, such as evidence of the former presence of the stockade which crossed on or near to this site and/or other previously unknown archaeological resources. Such evidence was unearthed nearby on Clinton Avenue in 1970. This site has been identified as archaeologically sensitive by the NY State Historic Preservation Office. 
  • This project involves the demolition of an existing architectural resource in the Stockade Historic District and may seek to replicate this resource, which has the potential to create a false historical record. 
  • This project involves new construction in the Stockade Historic District. Potential impacts include those that are construction-related, such as falling objects, vibration (from blasting or pile-driving), dewatering, flooding, subsidence, or collapse. The project’s close proximity to two architectural resources—the Senate House and grounds and the John Tremper House at 1 North Front Street—may negatively impact them if adequate precautions are not taken. 
  • New construction may impact the visual context of the district, including the architectural components of the district’s buildings in this area (e.g. height, scale, proportion, massing, fenestration, ground-floor configuration, style), streetscapes, skyline, landforms, and openness to the sky. The project may also impact the visual context of the Senate House, a significant state landmark. 
  • This project proposes changes to a significant historic landscape feature of this historic district: the bluff, an important element to interpreting the district’s history. The National Register nomination for the Stockade Historic District recognizes the following:

“To this day, the boundary lines of this stockade are formed by Green Street, Main Street, Clinton Avenue, and North Front Street and are still intact. Also, amazingly enough, almost the entire bluff promontory forming the perimeter of this area, elevated above the lowland, is still comparatively intact. Therefore, of the three first settlements in New York State—Albany (Fort Orange, New York (New Amsterdam), and Kingston—it is only Kingston that the authentic elements of an original fortification remain. Documents indicate that this log palisade was in existence until the early eighteenth century, having been kept in repair as protection against later Indian raids. While this area at present is surrounded by commercial development, aerial photography has recently indicated the existence of outlines suggesting that the angle itself may as yet be relatively undisturbed. This area forms a sharp bluff and this may account for its preservation.”

 

Positive Declaration Required for the Kingstonian Project.

 

 

KingstonCitizens.org submitted a letter to the Kingston Planning Board as Lead Agency (and most Involved and Interested Agencies) in the State Environmental Quality Review Act (SEQR) with support from 194 tax paying residents and business owners in the City of Kingston requesting a Positive Declaration in SEQR.

VIEW the petition
We are still collecting signature to present during public comment of the Kingston Planning Board meeting on 3/18 so keep signing and sharing. 

The Kingstonian is a project planned for Uptown Kingston’s historic district. It “involves the redevelopment of the City of Kingston parking garages property, the Herzog’s Supply Co. Inc. warehouse property and the Uptown Grill property (also owned by Herzog’s Supply Co., Inc). The proposed project includes the following elements:  420 car parking garage, 120 apartment units, 32 room hotel, 8950 square feet of retail space, a pedestrian plaza area, and an elevated pedestrian link to connect to Kingston Plaza.”

VIEW
The Kingstonian Proposal in Uptown, Kingston

VIEW 
DRI Grant Application (Public/Private project with $3.8m in grant funds and $48m in private funds).

In our letter, we state that  “Upon reviewing the Environmental Assessment Form (EAF) as a record before the Planning Board, we have identified a number of significant potential impacts. Therefore, as required by New York Codes, Rules and Regulations (NYCRR) 617.7(a), the Board should issue a Positive Declaration and the preparation of a Draft Environmental Impact Statement (DEIS) for this project.”

“We also request a public comment period of 90 days on the Draft Scope for the Environmental Impact Statement (“EIS”) and to hold a public scoping meeting to allow for greater public participation. By doing so, this will ensure that no potentially significant adverse impacts are left out of the DEIS and all environmental concerns are adequately addressed as required by SEQRA.”

The letter outlines potential significant environmental impacts taken from the Environmental Assessment Form (EAF)submitted by the both applicants Kingstonian Development LLC and JM Development Group, LLC.

“We expect that the Planning Board will recognize these impacts and issue a Positive Declaration, and outline plans for a public scoping process at its next meeting on March 18th. As this project has already elicited strong reactions from the community, a transparent and inclusive SEQR process is an opportunity to address important concerns in a comprehensive manner. Such thoroughness will ensure that this project benefits the Kingston community to the greatest extent possible.”

The Kingston Planning Board meets next on March 18th at 6:00pm where it is expected that the Planning Board as Lead Agency will issue a positive declaration and outline its scoping plans.  They may also choose to issue a negative declaration, however – the burden will then be on them to prove that there are no impacts rather than the citizens to prove that there are.

Residents are encouraged to attend the upcoming meeting to support a Positive Declaration for the Kingstonian Project during public comment.

READ:  What to Expect:  March 18th Kingston Planning Board Meeting and the Kingstonian project. 

 

Read more…