The Kingstonian to be Jointly Reviewed Tonight; State Preservation Office Finds ‘Adverse Effects’ in its Evaluation of the Project; Confusion about Historic District Boundaries

By Rebecca Martin and Marissa Marvelli

Stockade Historic District Building Footprints Comparison
This comparison comes from Marissa Marvelli’s illustrated guide for understanding architectural appropriateness in the Stockade Historic District.


This evening members of the City of Kingston Planning Board, Historic Landmarks Preservation Commission (HLPC), and the Heritage Area Commission (HAC) will convene for a joint meeting to discuss the visual impact analysis and other architectural drawings that were prepared for the proposed Kingstonian development by the applicant’s architect. It is one of nine consultant reports submitted in July as part of the project’s State Environmental Quality Review (SEQR). These reports are meant to help inform the Planning Board, the lead agency, as it completes Parts 2 and 3 of the Environmental Assessment Form (EAF), which assesses a project’s potential impacts, including those on historic, archaeological, architectural, or aesthetic resources. Although the applicant’s attorney volunteered to fill out the forms during the last Planning Board meeting on September 11th, completing these forms is the responsibility of the lead agency; the applicant cannot be its own critic.

Marissa Marvelli, a historic preservation consultant and a former member of the HLPC, has prepared an illustrated guide for evaluating new construction in the Stockade Historic District. It is meant to complement the questions asked in the EAF Part 2. While her guide does not attempt to prescribe design solutions as that is the responsibility of the project’s architect, it does call attention to the special qualities, features, and significance of the district. The guide is viewable at the bottom of this post.


Understanding Impacts on Historic, Archaeological, Architectural, and Aesthetic Resources

The following questions come directly from the NYS Department of Environmental Conservation’s SEQR Workbook, which is meant to assist the lead agency in completing a Part 2 EAF. They pertain specifically to impacts on historic, archaeological, architectural, and/or aesthetic resources:

  • Does the proposed project contain, or does it adjoin a structure listed on the national or state register of historic places, or a structure that has been determined by the Commissioner of OPRHP to be eligible for listing on the State Register of Historic Places? (The Kingstonian project site does not contain such a structure.)
  • Is the proposed project located in a national, state, or local historic district, or one that has been determined by the Commissioner of OPRHP to be eligible for listing on the State Register of Historic Places? (The Stockade Historic District is a designated local district. It is also listed on the National and State Registers.)
  • Does the community have a local survey, inventory, or list of important historic, architectural, or aesthetic resources, and are there any resources recorded on or near the project site? (Yes, the Senate House & Grounds to name one important one.)
  • Is the proposed project located in an archaeologically sensitive area? (Yes.)
  • If the project site is located in such an area, additional information may need to be collected to see if there are any resources in or near the specific location that may be impacted.
  • Are there historic or archaeological resources on the property or nearby?
  • Has an archeological survey been done to confirm if the project site has any such resources? (Only a Phase 1a survey has been completed so far. Consulting archaeologist Joseph Diamond has recommended a Phase 1b.)
  • Will the proposed project directly or indirectly affect them? How? (A Phase 1b survey would reveal potential impacts.)
  • Is the proposed project located in a scenic overlay district, scenic byway, or scenic area of state significance? (No.)
  • Is there a specific architectural style that identifies the community or neighborhood?  For example, most buildings may be predominantly of colonial architecture, or perhaps all the buildings in the neighborhood are constructed of red brick. (Yes, the immediate blocks are predominantly 19th-century brick commercial buildings. The district boasts the largest assemblage of 18th and early 19th century stone buildings in New York.)
  • Will the project block important scenic views, or change the aesthetic character of an area? (Yes, the project’s scale and massing break drastically with the pattern of the district and the development would close a historic street to create an open plaza, which has no precedent in the district. It also proposes to drastically alter the topography, which is important to the district’s history and significance.)
West elevation
West elevation from Fair Street of the proposed Kingstonian. Drawing by Mackenzie Architects.


Measuring Impacts

According to the EAF Part 2 Workbook, in considering impacts, the agency must decide if that impact will be small or moderate to large. This decision should be based on the magnitude of the potential impact. Magnitude is not just the physical size of the project in feet or acres. Magnitude also considers the scale and context of a proposed project, and severity of that project’s impact. The Workbook gives guidance on assessing impact according to each environmental topic, including historic and archaeological resources.

A small impact could occur if:

  • There is no historic or archaeological resource on the site, but there may be a small impact to community character because of concerns over consistency with existing architectural and aesthetic resources.
  • There are historic or archaeological resources on the site, but the project design is such that no disturbances or major changes to historic structures will occur. For example, the location where archaeological resources exist will be avoided, or the historic structure on the property will be maintained and restored.
  • Minor disturbances to the resources will occur or minor changes to the aesthetic or scenic quality of the area but these do not destroy the historic resource or drastically change the character of the area.
  • Work at a location that is locally designated and historic preservation permits are issued that indicate identified work as being in compliance with relevant local historic preservation code.

Moderate to large impacts may occur if:

  • Historic structures are planned to be demolished or relocated as part of the development plan.
  • Historic structures are to be remodeled in a way that destroys or damages its historic value.
  • The project introduces an architectural design that is not consistent with a designated historic district, or a district that has been determined eligible for listing on the State Register, and that is not consistent with the long-term vision the community has for its aesthetic character as identified in an adopted comprehensive plan.
  • The project changes the character or view of important aesthetic resources.


SHPO Believes Project Will Have ‘Adverse Effects’ on the Historic District

In a September 19th letter to the Kingstonian applicant, the State Historic Preservation Office (SHPO) provided its comments on the project after its review of the materials. The comments are part of a consultation mandated by Section 14.09 of the New York Parks, Recreation and Historic Preservation Law. It is required for projects that are funded, licensed or approved by state or federal agencies. 

The letter describes the agency’s concerns:

  • North Front Street is the traditional district boundary marked by a distinct natural drop-off down toward the Esopus Creek. This natural contour clearly marks the northern boundary of the historic 1658 stockade. The lower portion to the north of the district now contains modern buildings and the shopping plaza further to the north, but the historic boundary remains readily apparent and continues to characterize the district. The new construction would significantly alter the northern district boundary and would be clearly visible from within the historic district. The Montgomery Ward building, now demolished, was the only structure that extended significantly beyond that traditional northern border. The proposed new development is much larger and would extend well beyond the old Montgomery Ward footprint.
  • By the mid-19th century, when the commercial street front was developed, the section of Fair Street extending north from North Front Street was established to access railroad facilities and the lumber yards. This historic street, which allows pedestrian and vehicular access to the district, would be virtually eliminated as part of the proposed development.
  • The historic commercial and residential buildings of the Kingston Stockade are characterized by a variety of materials, styles, and colors. The new construction is monolithic compared with the surrounding district. Though the currently proposed design attempts to reference the historic setting and surrounding architecture, we believe that a much greater effort is warranted for a construction of this scale.

SHPO’s comments provided under Section 14.09 are not advisory. The applicant must consult with agency staff to find acceptable solutions for avoiding, mitigating, or minimizing any adverse effects identified.


Confusion About the Boundaries of the Stockade Historic District

According to citizens who were present, during a presentation of the Kingstonian to the HLPC at its September 5th meeting, questions were raised about the location of the northern boundary of the Stockade Historic District as it pertains to their project site. The Kingstonian project team has apparently been operating under the assumption that the boundary bisects the northern part of the City-owned parcel because that is what is shown on SHPO’s Cultural Resource Information System, which maps of State and National Register properties and districts throughout the state. Because the HLPC’s review of a project ends at the boundary line, it would be to the applicant’s advantage to have the boundaries more constricted.

The boundaries of the State and National Register historic district are not relevant to the HLPC because the HLPC reviews only locally-designated districts and landmarks. The boundaries of local districts are approved by the Common Council and are included in the zoning chapter of the City’s Administrative Code. It is clear that the local historic district boundaries avoid bisecting any parcels. Curiously, the applicant is not questioning the boundaries of the Stockade Mixed-Use Overlay District, which mirror those of the local historic district and is of great worth to this project.


The City of Kingston’s Zoning Interpretation Process Leads to Attempt to Infringe Citizens’ First Amendment Rights

Group Editorial by Lynn Eckert, Tanya Garment, Ted Griese, Laura Hartmann, Rebecca Martin, Marissa Marvelli, Melinda McKnight, JoAnne Myers, Giovanna Righini, Rebecca Rojer, Rashida Tyler, Sarah Wenk, Theresa Lyn Widmann

“…in a democracy if it’s going to work, people have to feel comfortable standing up and speaking their mind and speaking truth to power. If you are intimidated in the process…you become increasingly thoughtful and hesitant in the way you enter into public debate and that’s not good for anyone.” – Lynn M. Eckert, Ulster County Legislator and Professor of Political Science at Marist College.

In recent months, not only have City of Kingston officials been misleading the public in the review process for the proposed Kingstonian but the Mayor’s lawyers have singled out select individual citizens in an attempt to silence their advocacy for a transparent and inclusive planning process. 

At an August public hearing two citizens – Ted Griese and Sarah Wenk – delivered verbal testimony simply urging the Common Council to have a crystal clear understanding of the zoning law before amending it, which would allow the Kingstonian project to move forward. They, along with Rebecca Martin (lead organizer of KingstonCitizens.org), were the three citizens singled out in the Corporation Counsel’s letter regarding the City’s zoning interpretation, despite the fact that others in the community had also raised the question in written comments to their Council representative. 

It was shortly after that hearing that the Corporation Counsel’s office sent the troubling letter as an email attachment to the three private citizens identified above stating that the City was initiating a zoning interpretation process centered on the “Mixed Use Overlay District (MUOD) provisions regarding affordable housing.”  The letter stated that the City was in receipt of their comments from the public hearing and that they had been sent to the City’s zoning officer for the issuance of a “formal interpretation of the relevant sections of the Code.” The letter never explained why only these citizens had been singled out among all of the other commentators. 

The attorney representing the Kingstonian applicant submitted his written interpretation of the zoning as it pertains to the affordable housing requirement, concluding that “…there has been no waiver or violation of any zoning law 20% affordable housing requirement with respect to issuance of a Special Use Permit, as affordable housing guidelines do not apply to new construction within the Mixed Use Overlay District under the City of Kingston Zoning Law.”    

Given the disorganized and opaque Planning Board process and the singling out of individual citizens by the Mayor’s lawyer, KingstonCitizens.org felt compelled on behalf of the public to reach out to an attorney to clarify the question before the zoning enforcement officer – even if it meant participating in a process that they and the citizens had never sought. The applicant argued that no affordable housing was required because it is not adaptively reusing buildings. However, the MUOD is premised on adaptive reuse (which must include affordable housing) and does not authorize new construction of residential apartments. Environmental and land use attorney Emily Svenson asked that the City expand its interpretation “to determine whether the zoning code authorizes new construction of residential uses at the proposed Kingstonian location,” reiterating the question asked by members of the community.

In response to Svenson’s letter, chief Corporation Counsel, Kevin Bryant, who is appointed by the Mayor, sent a reply on September 12th, requesting that, since KingstonCitizens.org was “represented” by counsel, all communications from certain named citizens regarding the project go through counsel only. It also stated that members of city boards and commissions had been instructed to no longer speak to advisers of KingstonCitizens.org. Specifically, it read:

As you are likely aware, the Kingstonian project is currently before numerous City Boards and Commissions and the Kingston Common Council. Your client has continued to assert an interest and a public position regarding each of the pending applications.

We are hereby requesting that in order to comply with the Code of Professional Responsibility, henceforth, all communications regarding the Kingstonian with officers of Kingstoncitizens.org, including but not limited to Rebecca Martin, Tanya Garment, Marissa Marvelli, Jennifer Schwartz Berky and Lynn Eckert, shall be through counsel.

Please be further advised that City Officials and Board and Commission members involved in the review of the Kingstonian project have also been advised that they are not to speak directly to these individuals as they are represented by counsel.

Svenson swiftly responded that the City’s request was an infringement on individuals’ First Amendment rights and pointed out the Counsel’s misunderstandings: 

“…Please be aware that KingstonCitizens.org is a grassroots, volunteer organization and not a corporation. The individuals named in your letter are simply volunteers acting as organizers or advisors; they are not staff or officers. There is no justification for limiting their ability to communicate as individuals with their government.”   

Furthermore, Svenson noted that:

 “The Rules of Professional Conduct applicable to attorneys do not limit the rights of represented parties to communicate with one another. Particularly in the context of government, it is essential for citizens to be able to speak freely on matters of public interest pursuant to their rights under the First Amendment.”

If the City’s Corporation Counsel had reached out to Svenson prior to sending his letter, he would have understood that her representation in this case was limited solely to commenting on the City’s zoning interpretation for the Kingstonian project. Unfortunately, he went beyond the understandable need to protect the City and seized on the opportunity to cut off public discourse by advising elected and appointed officials that they should not speak to the citizens, directly undermining public dialog. The City took the approach that it was managing an adverse litigation-type situation rather than a participatory public process. It’s not the first time they have done so. The City has on many occasions tried to steer  the process in a certain direction rather than allowing the process to guide its review. 

From the beginning of the Kingstonian SEQR process, residents – and particularly those outspoken women who are civically engaged – have been intimidated, bullied, and mistreated by both members of the applicant’s team and city staff. They have been accused of having political agendas; punished for being professionals in their trades; shamed for asking tough questions; and called enemies of progress for demanding an inclusive process.  

All the while, our Mayor, with the power to hire and fire city staff and appoint all members of boards, committees, and commissions, remains silent about this undemocratic and bullying behavior. We live in a democracy not an authoritative regime, where citizens have First Amendment rights to play an active role in their government.

We are daylighting these antidemocratic actions today because they erode the public trust and confidence in our local government. Politicizing processes and institutions is the most effective means for discouraging citizen engagement, the evidence of which we are already seeing. No one should have to hire a lawyer to ask questions that government officials may dislike. 

We are in the midst of another election season and as usual, elected officials are again boasting about how well they make citizens feel “heard.” To us, it rings particularly hollow. In this instance, the Mayor’s lawyer used the Rules of Professional Conduct for lawyers as a pretext to chill the speech of citizens with whom the administration disagreed. If the Mayor is truly committed to “hearing” citizens, he should address the silencing tactics within his own administration. 

While reasonable people may disagree about how to interpret and apply the zoning law to the Kingstonian project, we can all agree that actions taken on the part of the Mayor’s lawyer to intimidate, single out, and silence citizens – particularly female citizens – engaging in their right to free speech is simply unacceptable. With officials committed to a fair, open, inclusive, and transparent process such undemocratic tactics would be unnecessary. 

“Think Globally Act Locally” Strategies at Work. GlidePath Introduces Battery Energy Storage Facility in the Town of Catskill.

By Rebecca Martin

Thanks to the hard work (and good timing) of our coalition in partnership with municipal and county elected officials, the ripple effect of our collective efforts on the proposed Lincoln Park Grid Support Center, a fracked gas fossil fuel power plant turned battery energy storage facility can now be seen in the Town of Catskill. 

Interested members of the Catskill community have been invited to attend an informational session about “Battery energy storage and GlidePath’s proposed North Catskill Grid Support Center project” this Wednesday, September 18.  If you are able to attend, please share your experience with us in the comment section here.

The Town Supervisor outreached to members of KingstonCitizens, Citizens for Local Power and Scenic Hudson weeks ago to learn of our process where we were able to share our collective story in transitioning a fossil fuel infrastructure project to a battery storage for 25mw plants in the G Zone.  The site that the project has identified appears to be a suitable one, too. 

This is an instance that illustrates the great wisdom in how defining strategies to ‘think globally act locally’ can work.  It was a model project that posed not only a major threat to the Town of Ulster and its surrounding communities, but to approximately 127 communities throughout 6 counties that make up the G Zone.  

We hope that you can celebrate this success before having to quickly turn your attention towards other important challenges on the fossil fuel infrastructure front. 

VIEW our blog posts to review the timeline to learn the story of the coalition’s advocacy. Please scroll to the bottom to start at the beginning.

VIDEO: Kingston Planning Board Special Kingstonian Project Meeting 9/11/19

By Rebecca Martin

Last week the Kingstonian project team made a formal presentation to the City of Kingston Planning Board, the lead agency in the State Environmental Quality Review (SEQR) process for the proposal. They have made similar presentations over the past couple of weeks to both the Heritage Area and Historic Landmarks Preservation Commissions’.

It was determined that the Planning Board would request more information regarding the traffic and visual impact studies. A joint meeting between the Kingston Planning Board, Heritage Area and Historic Landmarks Preservation Commissions’ will occur sometime in October. In the meantime the Kingston Planning Board is still waiting for comments regarding the studies acquired by the applicant from the Ulster County Planning Board, Department of Transportation and the State Historic Preservation Office (SHPO).

In closing, the applicant’s attorney volunteered to fill out the EAF Part Two of the SEQR process for the Planning Department and Assistant Corporation Counsel’s review. He will proceed once the outstanding comments from the remaining boards and agencies were collected and the joint meeting described above occurs.

We will be interested in reviewing this document, particularly Sections 17 (c) and 18 (c).

Click on image to review a blank “Full Environmental Assessment Form (EAF) Part 2 – Identification of Potential Project Impacts

The next full Kingston Planning Board meeting will occur on Monday, September 16th at 6:00pm. Currently, there is nothing on the Agenda for the Kingstonian project. Visit the City of Kingston’s website and scroll down to ‘meeting events’ to review agendas to check throughout the day on the 16th to see whether or not any new Kingstonian items have been added to the planning board agenda (or visit us on Facebook for updates). We don’t anticipate any major decisions to be made this month.

VIEW the Transcription of the Planning Board’s Special Kingstonian Project meeting.

Video #1 (Filmed by the Kingston News and brought to you by KingstonCitizens.org)

Public Comment
3:25 – 6:10: Gai Galitzine, Resident of Kingston
6:22 – 9:00: Ilona Ross, Resident of Kingston
9:24 – 11:06: Jane Eisenberg, Resident of Town of Ulster

11:17 – End: Kingstonian project team presentation

Video #2 (Filmed by the Kingston News and brought to you by KingstonCitizens.org)

00:00 – End: Kingstonian project team presentation (continued)

KingstonCitizens.org Challenges Kingstonian Applicant’s Zoning Interpretation and Citizen Action of New York Submits FOIL Request to City of Kingston

City of Kingston Zoning Map. The boundaries of the Uptown MUOD mirror those of the Stockade Historic District shown in gray.

By Rebecca Martin

For months, many concerned citizens have asked the City of Kingston to provide its interpretation of the Mixed Use Overlay District—an overlay that adds a 20% affordable housing requirement to any adaptive reuse project with five or more residential units—as it relates to the Kingstonian project, a new construction that does not include affordable housing. This interpretation should have been provided to the applicant in writing prior to the start of the State Environmental Quality Review (SEQR) process.

Presumably, it should be easy enough for the City to upload this existing document to the Planning Office’s project page for the Kingstonian. If not, then the public can FOIL (Freedom of Information Law) it. If such a document does not exist, then the City ought to provide an explanation about how it assists applicants with complicated zoning interpretations.

On August 16th, in a letter oddly addressed to just three private citizens, the City of Kingston Corporation Counsel’s office outlined its process for the current Zoning Officer to issue a formal interpretation of the “relevant sections of the Code.” The letter states that any additional submissions or written arguments regarding the proper interpretation may be sent to the Zoning Enforcement Officer on or before the close of business on August 30th. 



Click on image to read the Corporation Council’s formal zoning interpretation process letter for the MUOD and the Kingstonian Project.

On August 28th, the attorney representing the Kingstonian applicant, Michael Moriello, submitted his written interpretation of the MUOD, concluding that “…there has been no waiver or violation of any zoning law 20% affordable housing requirement with respect to issuance of a Special Use Permit, as affordable housing guidelines do not apply to new construction within the Mixed Use Overlay District under the City of Kingston Zoning Law.”      


Click on image to read the Kingstonian applicant’s interpretation of the MUOD as it pertains to the Kingstonian Project.

On August 30th, the City forwarded that interpretation via email to the same three citizens with the instruction that “…written responses to the arguments submitted will be accepted for a period of one additional week.” That deadline is today, September 9th. 

So today, KingstonCitizens.org, assisted by attorney and counselor at law Emily B. Svenson, submitted a letter to the City of Kingston’s Zoning Officer rebutting the applicant’s attorney’s interpretation.  


Click on image to read KingstonCitizens.org and attorney Emily B. Svenson’s letter to the City of Kingston’s Zoning Officer rebutting the applicant’s attorney’s interpretation

What follows is a condensed version of our letter:

“KingstonCitizens.org is a non-partisan, grassroots, volunteer organization. Its purpose in commenting is to advocate for fair and proper application of the City’s zoning code, in accordance with the group’s ongoing advocacy for equitable housing, historic preservation, and environmental protection to benefit the Kingston community. Particularly for a project that is receiving significant public funding, it is vital to ensure that the project truly benefits the community.”

“In response to the applicant’s recent submittal, we respectfully ask that you expand your interpretation to determine whether the code authorizes new construction of residential uses at the proposed Kingstonian location. As this letter will show, it does not.”

“The applicant’s strenuous argument that the provisions of the MUOD do not apply to the Kingstonian raises an important question: Does the MUOD support the project at all?”

“The only authorization within the MUOD to establish a residential use is by converting an existing structure into apartments or live/work spaces. As the applicant agrees, that type of adaptive reuse would be subject to affordable housing requirements.”

“If the City of Kingston Common Council had intended for the MUOD to allow construction of new housing complexes, it would have written that into the overlay district. It did not. The Council was clearly attempting to facilitate the adaptive reuse of outdated buildings, while ensuring the resulting apartments would include affordable units. It defies logic to posit that the Council intended to simultaneously allow new construction of apartments without affordable units. Indeed, nothing in the code authorizes that use.”

“Because there is no authorization within the zoning code for new construction of housing at this location, we ask that you issue a determination that the project does not conform to the zoning code. The applicant would have multiple options to proceed, including pursuing a use variance or zoning change, or modifying the project to conform to the code.”

Citizen Action of New York submits FOIL to City of Kingston 

Meanwhile, on September 6th, Citizen Action of New York submitted a FOIL request to the City of Kingston for all communications between  the applicable City staff identified in the Kingstonian applicant’s Environmental Assessment Form and Addendum letter: 

“…copies of all records and documented communications, including written correspondence and emails between former City of Kingston Building and Safety Division Deputy Chief Tom Tiano, City of Kingston Fire Department Fire Chief Mark Brown, Kingston Planning Director Suzanne Cahill, City of Kingston assistant planner Kyla Haber and the Kingstonian applicant and development team from January 1, 2018 – May 1, 2019.”

Citizen Action also requested a 45-day extension of the review process for the Kingstonian applicant’s zoning amendment application in order to give the organization time to review the forthcoming information provided by the City. These communications may shed light on any discussions that the City had with the applicant regarding the interpretation of the zoning for the Kingstonian project site prior to the commencement of the project’s SEQR process.

Click on image to read Citizen Action of New York’s FOIL request to the City of Kingston and 45-day process extension.

What’s next?

On Wednesday September 11th, the Planning Board will convene for a special meeting to discuss the studies and comments it has received in relation to the Kingstonian project’s potential environmental impact. While it is unlikely that the Board will issue its SEQR determination at this meeting, the discussion should shed some light on the viewpoints of the individual members.  

VIEW Facebook event