Public Input with a Positive or Negative Declaration in SEQR

In this image taken from the SEQR Cookbook, the top line “POSITIVE DECLARATION” illustrates robust public input for a pos dec determination in SEQR with many steps and opportunities. The bottom line “NEGATIVE DECLARATION” illustrates a neg dec determination where the review process concludes and there is no further opportunity for the public to participate as it relates to environmental impacts.

By Rebecca Martin

A recent Kingston Times article reported a claim by a member of the Kingstonian development team: “Dennis Larios is a civil engineer with long experience in Kingston. He’s currently working with JM Development Group on the Kingstonian project. Earlier this month, in a Facebook post, Larios suggested that his clients would likely walk away from the project if the planning board issues a “positive declaration of environmental significance.”

A day later, the Daily Freeman reported that a second member of the Kingstonian development team suggested that a determination of significance (and likely a negative declaration) would not be made for a very long time, as they had not yet provided the lead agency with all of the necessary information.

Attorney Michael Moriello said in a statement, “It is beyond presumptuous for these opponents to attempt to subvert the State Environmental Quality Review Act (SEQRA) review process by insisting upon a positive declaration of environmental significance before any potentially large impacts have had an opportunity to be identified and mitigated….Because we intend to follow all environmental review requirements and as we have not yet provided all of the necessary information and studies, we do not anticipate a determination of significance under SEQRA for (a) fairly lengthy period of time….we are confident that we will ultimately obtain a negative declaration of environmental significance so that the vast majority of city residents, visitors and business owners will ultimately benefit from the environmental review and the Kingstonian’s attendant economic, cultural and employment benefits.”

When SEQR begins, a series of specific actions are to take place starting with a 30-day window for the involved agencies to approve or deny the request for lead agency.  An involved agency may also “state their interests and concerns regarding selection of lead agency and potential impacts of the overall action” (SEQR handbook, page 66, item #5).  That’s exactly what the Historic Landmarks Preservation Commission has done as a responsible involved agency along with three interested State agencies which submitted comments to the Kingston Planning Board within the 30-day window for lead agency selection or the 20-day window for determination of significance which I describe next.

Read more…

The ‘Pit’ In Our Stomach Was a Negative Declaration in SEQR

The photo reveals the ICC property looking North from Abeel street, where the developers appear to use “plywood” to mitigate damage.

By Rebecca Martin

After the ground gave way for the neighbors 7-year-old son to fall into the Irish Cultural Center’s project pit, residents living next door worried that their home property line would further erode with that night’s torrential downpour. Erosion has been an issue since last summer due to the apparent poor excavation practices and lack of oversight of the project.

As far as we are aware, the project does not have a stormwater plan in place to mitigate the impacts of rain storms that have compromised the site and Company Hill Path, a significant historic resource adjacent to the surrounding  properties.

Read more…

Before The Kingstonian Project There Was the Teicher Organization.

“The Planning Board adopted a determination of significance (i.e. a positive declaration) for the project on March 30, 2006, directing the preparation of a draft scoping document for preparation of an Environmental Impact Statement (EIS) for the project. The reasons stated for its determination were that ‘the proposed scope of demolition and construction will have potential for impacts on the immediate adjacent business district and surrounding area. Potential impacts include, but are not limited to; traffic and noise levels, infrastructure and utilities, schools, recreation and other community services; visual and historic resources; off-site improvements; economics and markets; housing availability, etc…’”   – Kingston Planning Board Decision, Final Scoping Document for DEIS “Proposed Mixed-Use Development of the Uptown Municipal Parking Garage Site” (2007)

By Rebecca Martin

A decade ago, before the proposed Kingstonian Project, there was the Teicher Organization’s plan to tear down a decrepit parking garage at Wall and North Front Streets. In its place, they would build a $65 million, 214-unit condominium building that would rise 12 stories in height. “The building would include a 600-space parking garage (with half of those spaces available to the public and half going to residents of the building) and 10,000 square-feet of retail space. The plan would call for a special taxing scheme to be set up whereby a portion of taxes paid by residents of the complex were used to pay for a public parking garage.”    

While the the Teicher Organization’s proposal may have been larger in size, its other details are similar to the proposed Kingstonian Project. Both were categorized as Type 1 actions with a coordinated review process. For both, the Kingston Planning Board was/is the lead agency.  But will their determinations be the same?

Read more…

Key Citizen Public Comments On Process and the Proposed Kingstonian Public Hearing.

Click on the image to learn more about the SEQR process.

By Rebecca Martin

At the April 10th public hearing on the Kingstonian proposal, over 50 speakers provided three hours of testimony.  Most of which had little to do with the decisions that were currently in front of the Planning Board as Lead Agency of the State Environmental Quality Review Process (SEQR) in making a Positive or Negative Declaration for the project.

Below are three citizen comment highlights that speak directly to the current process the proposal is currently in.

If you wish to review the meeting in full and the “listen to the community” rally beforehand, you can do so HERE   We are also uploading 19 key testimony segments HERE

No decisions were made that evening.

Filmed by Clark Richters of The Kingston News. Brought to you by KingstonCitizens.org.

Read more…

Kingston’s HLPC Loses a Third Member as Citizen Volunteer Resigns.

Leslie Melvin reads her public comment, the letter submitted by the HLPC to the Kingston Planning Board on March 11th recommending a positive declaration in the SEQR process, at last evening’s public hearing on the proposed Kingstonian Project

After providing public comment for the proposed Kingstonian Project during its public hearing last evening, Leslie Melvin, a citizen volunteer who was serving on the Historic Landmarks Preservation Commission (HLPC), resigned.

Melvin submitted her letter of resignation following her public speaking.

Dear Mayor Noble,

Merging the HAC and the HLPC has been a publicly-stated goal of yours for the last few years despite failing to convince either commission, or the Common Council, of the plan’s merits.

With your recent decision to not renew Marissa Marvelli and Alan Baer’s appointments—and by appointing HAC commissioners to fill those newly created vacancies — you have effected your own de facto merging of the HAC and HLPC.

To be clear, these efforts appear to only serve one administration’s own short-term interests – they are not in the best interest of the residents of the city of Kingston, and they are certainly not in the interest of preserving what we know to be irreplaceable in the city we love.

This is no way to treat dedicated and knowledgeable professionals, this is no way to treat volunteers, and this is no way to treat constituents. In such a troubling political climate, we expect our leaders to honor an obligation to guarantee transparent, fair processes, and to encourage the exchange of information, free from undue influence. You’ve sent a clear signal that volunteers, working on behalf of the city and its residents, can only expect conditional support.

I am saddened to submit my resignation from the HLPC, effective immediately.

Sincerely,

Leslie Melvin
Kingston NY

Read more…

WHAT TO EXPECT. Public Hearing on Proposed Kingstonian Project on April 10

WHAT
City of Kingston Planning Board
Public Hearing on the Kingstonian

WHEN
Wednesday, April 10, 2019
6:00pm

WHERE
City of Kingston City Hall
Council Chambers (Top Floor)
420 Broadway
Kingston, NY

“LISTEN TO THE COMMUNITY” Rally
Before the public hearing
5:00pm
Front Lawn
Kingston City Hall

Co-sponsors include:  Kingston Tenants Union, Midtown Rising, Rise Up Kingston, Citizen Action of New York Mid-Hudson Valley Chapter, Nobody Leaves Mid Hudson and KingstonCitizens.org

MORE
It is not expected that the planning board will make any decisions on the 10th.

A regular planning board meeting will occur on Monday, 4/15 where the planning board may decide on the items listed in the 4/10 AGENDA  (lot line deletion, site plan / special permit and SEQR determination (pos or neg dec))

Read more…

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…

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…

PETITION: Kingstonian Project and SEQR – Positive Declaration and Scoping

 

 

SIGN the Petition
“We Support a Pos DEC in SEQR for the Kingstonian Project”

Kingston Residents can request a Positive Declaration in SEQR that would allow more input and studies on the proposed Kingstonian Project.

###

With the Lead Agency for the Kingstonian Project underway (READ: Kingstonian Project and SEQR: Lead Agency), we anticipate the Kingston Planning Board will secure that role for the Kingstonian Project SEQR process.  With a 30-day window for confirmation that began on January 29th, we expect confirmation by February 28th.

Once Lead Agency is determined, the next significant milestone in SEQR will be a 20-day window for Lead Agency to make a “Positive” or “Negative” declaration for the Kingstonian Project. 

With a project this large and significant, we are advocating for a “Positive Declaration” (Pos Dec) in SEQR and are currently putting together a coalition of partners to make that same request.  To assure that the public is involved in this request, we have also created a petition that we will submit with our coalition letter in a couple of weeks.

Please join us by signing our PETITION by Friday, March 1st.

 

Why is this significant? 

A Positive Declaration is “a determination by the lead agency that an action may result in at least one potential significant environmental impact and so will require the preparation of an Environmental Impact Statement (EIS) before the Lead Agency decisions may be made regarding the action. The positive declaration starts the EIS process.”  

With the recent changes in SEQR Regulations, a “pos dec” immediately triggers a public scoping process which would be a great opportunity for our community to work on this together.

 

The Scoping Process in SEQR.

As of January 1, 2019, when there is a “Pos Dec” determination, scoping is automatically triggered. This is in the public’s best interest, as prior Jan 1 this year, an additional request  would have had to have been made.

A “draft scope” would be created and submitted to the Lead Agency by the applicant at some point in time that would then be released to the public (as my mentor, Kate Hudson, used to say, “Think of a draft scope document as a ‘table of contents’ for the project”).

Once it is received by the Lead Agency, approved and released – there is a 30-day window that occurs for the public to review the document and to make additional comments for study.  In our petition and coalition letter, we are requesting 90-days as well as a public meeting.  

The comments/questions of concern are ultimately sent to the Lead Agency to vet – and once approved,  a ‘final scoping’ document is created and sent to the applicant who is then required to answer each questions in what will become a Draft Environmental Impact Statement (DEIS).  More on that later on. We need to achieve a pos dec first.

 

The Input of Citizens and Advocates is Critical for a Good SEQR Process and Outcome. 

There is no one better to do this work than the citizens who will be directly impacted (both negatively and/or positively) to a project like this with the support of advocates who have dedicated their life’s work on the range of issues that may arise.   We hope you’ll join us as we take our first step in preparing to ask the Lead Agency to issue a “Pos Dec” on the proposed Kingstonian Project.  If you live in the City of Kingston, please sign our petition to be delivered by or about 3/1/19.

 

REVIEW: The SEQR Cookbook

Kingstonian Project and SEQR: Determining Lead Agency

By Rebecca Martin

With the recent positive changes to the Lincoln Park Grid Support Center project, we can turn our attention to the Kingstonian Project and its SEQR process (State Environmental Quality Review) which is just getting underway.    KingstonCitizens.org is in the midst of organizing a new coalition of partners for this effort.  Our goal is to follow SEQR step by step and support the public and our elected and appointed officials to assure a clear, efficient and transparent process.

A Brief Description of the Kingstonian Project.

In the applicant’s (Kingstonian Development LLC and JM Development Group LLC) Environmental Assessment Form (EAF), it states that the Kingstonian Project “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.”

The parcels of land include “City Parking Garage (1.43 acres), Herzog’s Warehouse (0.49 acres), and Uptown Grill (0.49 acres) along with portions of Fair Street Extension and a small pocket park owned by the City of Kingston.  The project further includes consolidation of several tax parcels (subdivision-lot line deletions)”

The City of Kingston Planning Board as Lead Agency.

On January 22nd, the City of Kingston’s Planning Board passed a resolution confirming the Kingstonian Project being a Type 1 Action in SEQR with a Coordinated Review and asking to be Lead Agency for the project.  The resolution was acknowledged by the Clerk’s office on 1/24 that starts the 30-day clock for all Involved Agencies to approve the request (more on that below).

Read more…

VIDEO: “Kingstonian” Application Appears Before Kingston Planning Board.

By Rebecca Martin

At the recent City of Kingston’s Planning Board meeting, the proposed Kingstonian project gave its formal presentation and presented its application for the first time, starting what will be a very long process.

All of the documents and the presentation will be made available at the planning office.  Citizens are encouraged to schedule a time to review the materials by calling: (845) 334-3955. We’re asking that they be placed online, too, under the Planning Departments “Planning Project” page.  

Following the presentation, the board voted unanimously on the following;

  • The Kingstonian Project is a Type 1 Action in SEQR and a coordinated review must be taken. A full Environmental Assessment Form (EAF) will be required to determine any environmental impacts.
  • The City of Kingston Planning Board requests that it be Lead Agency of the project.  Their request will be circulated to all Involved agencies who will have 30 days to respond to either approve or deny their request.   (List of Involved agencies forthcoming).
  • In 30 days, the the Planning Board will ‘entertain’ the project at a regular board meeting and schedule a public hearing (more on this in the coming weeks). 

Please review video from last night’s planning board meeting. Brought to you by KingstonCitizens.org and filmed by The Kingston News.

 

Leo Schupp
Special Permit 106 W. Chestnut Street
4:20 – 6:15

Bernie Redman
Special Permit 106 W. Chestnut Street
6:26 – 6:52

Alex Panagiotopoulos
Kingstonian Application
6:54 – 8:14

Abigail Frank
Special Permit 106 W. Chestnut Street
8:20 – 10:25

David Gordan
Special Permit 106 W. Chestnut Street
10:36 – 16:30

Rashida Tyler
Kingstonian Application
16:52 – 18:15

Callie Jayne
Kingstonian Application
18:22 – 19:30

Linda Seekamp
Special Permit 106 W. Chestnut Street
19:36 – 20:44

Barbara Stedge
Special Permit 106 W. Chestnut Street
19:45 – 21:05

Owen Harvey
ICC Application
21:06 – 22:10

Juanita Velazquez-Amador
Kingstonian Application
22:20 – 24:26

Betsy Krat
Kingstonian Application
24:30 – 25:01

Tanya Garment
Comp Plan Zoning Task Force and Kingstonian application
25:08 – 28:55

Public Hearing (Tabled)

Item #3: #270 Fair Street SPECIAL PERMIT RENEWAL for a 12 room hotel with 978 business rental space. SBL# 48.331-4-20. SEQR Determination. Zone O-2, Stockade Overlay, HAC, MUOD. Ward 2. Hudson Valley Kingston Development/applicant; Charles Blaichman/owner.

Old Business – Kingstonian Project 

Item #4: #9-17 & 21 North Front Street and 51 Schwenk Drive and a portion of Fair Street Extension LOT LINE DELETION of the Lands of Herzog’s Supply Company and the City of Kingston. SBL 48.80-1-25, 26 & 24.120. SEQR Determination. Zone C-2, Mixed Use Overlay District, Stockade Historic District. Kingstonian Development, LLC/ applicant; Herzog’s Supply Co. Inc. & City of Kingston/owner.

Item #5: #9-17 & 21 North Front Street and 51 Schwenk Drive and a portion of Fair Street Extension SITE PLAN/SPECIAL PERMIT to construct a Mixed Use building with a 420 car garage, 129 apartments, 32 hotel rooms, and 8000sf of retail space. SBL 48.80-1-25, 26 & 24.120. SEQR Determination. Zone C-2, Mixed Use Overlay District, Stockade Historic District. Kingstonian Development, LLC/ applicant; Herzog’s Supply Co. Inc. & City of Kingston/owner.

Item #6: #106 West Chestnut Street SPECIAL PERMIT to operate a Boarding House. SBL 56.34-11-22. SEQR Determination. Zone R-1. Ward 9. Chestnut Hill NY Inc.; applicant/owner.