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’.
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).
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.
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)
What is the Mixed Use Overlay in the Stockade District?
“The Mixed Use Overlay District (MUOD) was adopted in 2005 as an amendment to the City’s Zoning Code following three years of debate. (See “Kingston council OKs Uptown/Midtown loft law,” Daily Freeman, 5 January 2005. ) Its primary purpose was to ease the regulatory burden of converting upper floors in existing commercial buildings to residential use. Instead of applying for a variance from the Zoning Board of Appeals, building owners could apply for a less onerous Special Use Permit from the Planning Board.
There are two MUODs in the city: the Stockade and Midtown. The thinking of council members at the time was that by making the adaptive reuse of commercial buildings in these districts easier, it would incentivize the creation of affordable housing units. Much of the text of the amendment (which was created with assistance by Greenplan, a planning consultant out of Rhinebeck) focuses on affordable housing, which is intended to be based on guidelines outlined therein. It is intended to apply to adaptive reuse projects containing five or more residential units wherein 20% of those units must be maintained as affordable (defined as 80% of the Ulster County median income.) Such units are to be dispersed throughout the proposed housing project, be indistinguishable from market-rate units, and the affordable unit rents are not to exceed 30% of a household’s income.
But there are few (if any) buildings in the Stockade that could accommodate five units or more. An analysis of these properties is likely to show that no affordable units have been created in the Stockade District with this regulation. (See “Upstairs Apartments Fail to Materialize in Stockade, Midtown Kingston,” Daily Freeman, 11 February 2007.)
In addition to promoting the creation of affordable housing, the MUOD text describes a second underlying purpose: “to encourage mixed-use, mixed-income, pedestrian-based neighborhoods” (§ 405-27.1, subparagraph B-2.) It seems that the Kingstonian project, which neither proposes to build any affordable housing units nor seeks to adaptively reuse any buildings, is narrowly interpreting this second clause as the basis for its qualifying for the more expeditious Special Use Permit application process. (In its Environmental Assessment Form, the applicant flags the MUOD as an applicable zoning measure.) To achieve this second purpose, the amendment allows “site and building enhancements that promote a mixed-use, mixed-income, pedestrian-based neighborhood” to qualify for a Special Use Permit. Apparently, “site enhancements” can be interpreted to mean new construction.
A comprehensive plan is a powerful document in New York State that creates a framework for making importantdecisions while guiding growth and development. Kingston’s own plan, adopted by the Common Council in April 2016, quite forcefully calls for an affordable housing requirement in new developments:
“Strategy 1.1.2: Require affordable housing for any new or expanded residential building or development project. The City should consider expanding the number of projects that must provide a ‘fair share’ of affordable housing. Currently, affordable housing is only required for projects taking advantage of the mixed-use overlay district provisions.” (p. 21, Kingston 2025)
“Housing development in the Stockade Business District (SBD) has been limited, and a significant percentage of renters in the SBD and surrounding area are cost burdened, spending more than 30% of their incomes on housing costs.” (Executive Summary of the City of Kingston’s 2017 DRI application).
However, in February of 2019, the developers of the Kingstonian Project submitted an application that includes 129 market-rate residential units in the Stockade District. The mandate for affordable housing that is outlined in Kingston’s Comprehensive Plan seems to be ignored with this substantial project.
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.
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))
Last evening, we attended the Sunset Gardens Tenant Association meeting at the Town of Ulster’s Senior Center. One after another, tenants of apartment complexes in the Towns of Ulster and Esopus spoke of the shocking disrepair, unsafe conditions and treatment of those living at Sunset Gardens (ToU), Lakeshore Villas (ToE) and Black Creek Road (ToE). Special thanks to Laura Hartmann and all of the citizens from Sunset Gardens who had the courage to organize.
The culprit – E & M Management – the real estate investment and management company based in Brooklyn, NY is mostly new to the area, gobbling up apartment complexes that include “68 apartments across from the Rondout Creek” in downtown Kingston and a vacant parcel near the Maritime Museum to build the “Kingston Waterfront Plaza”, a mixed-use project. There is speculation that they are looking at Dutch Village, too – in uptown Kingston.
Although the planning process in Kingston is complete for their new build downtown – with a negative declaration in SEQR which is absolutely unbelievable – we are continuing our efforts to advocate for an improved development process for our planning department and planning board. We will keep a close eye on this company and work with our neighbors to assure that if E & M and all of their LLC partners want to come to our community, it is not on their terms.
Thanks to Clark Richters of The Kingston News for filming the event, brought to you by KingstonCitizens.org.
There was a big turn-out at last evening’s Planning Board meeting, where several items of interest were discussed. They included a Communications Tower being proposed near Colonel Gardens (a public housing complex in Ward 7); The Irish Cultural Center’s (ICCHV) site plan public hearing; and a new proposed project, the ‘Super Garage’ located in the Rondout, Kingston.
Here are highlights.
The outcomes were mostly predictable. The proposed Communications Tower was tabled while the applicant performs a balloon test for visual impacts and looks at a secondary site in the Town of Ulster; the ICCHV was also tabled, although there was some confusion from the public as to what they were expected to comment on without materials or any communication/guidance by the planning department, and the “Super Garage” project and lot line revisions were both tabled as well.
We asked the planning board to table the proposed communication tower project (which they were going to do anyway), in light of learning about New Hempstead’s model law for cell towers. In order to allow the Kingston common council to analyze the overall planning issue and to decide where and under what conditions tower constructions may proceed, a brief moratorium on cell towers given our ongoing comprehensive plan and zoning amendment work could be requested.
Robert Iannucci, the project applicant for the “Super Garage” project, will host a public informational hearing on Thursday, December 6th at 6:00pm at the Cornell Steamboat Building located at 108 East Strand in the Rondout.
VIEW Facebook Event on “Super Garage” Public Informational Hearing
On September 19th, the Kingston Common Council’s Laws & Rules Committee may discuss whether or not to throw out or to table the Corporation Counsel office’s draft legislation to merge the Heritage Area and Historic Landmarks Preservation Commissions. It will be nearly the fourth consecutive meeting for which this matter has been a topic, and it’s our opinion that the Council should not hesitate to throw out the legislation and instead, continue on the promising path that they are on now.
The council members who serve on the committee deserve praise for their careful study of the Corporation Counsel’s draft legislation and the reasons why it is being proposed. After a lot of information-gathering—particularly at their meeting in July where they heard directly from program administrators—it appears the broad consensus of the committee is that merging the commissions will not meaningfully address issues concerning the regulatory review process, and in fact, may create new problems.
And what are the issues exactly? What problems is “streamlining” meant to solve? Were other solutions considered before the legislation was put forward? No one could say for sure. The reasons repeated by city administration is that merging the commissions is a recommendation of the now disbanded Comp Plan Re-zoning Subcommittee without sharing any notes that show how that conclusion was reached. At face value, the idea to eliminate one step in the public review process by combining two related volunteer commissions would seem like a rational change. Why make an applicant appear before two separate commissions for a new business sign? No one is arguing in favor of such redundancy, but is there another way to solve this?
On March 8, 2018, the Irish Cultural Center of the Hudson Valley (ICC) got a pass from the City of Kingston’s Zoning Board of Appeals to move on to the Planning Board’s Site Plan Review when it overturned another City Commission’s decision.
In what appears to be the City of Kingston’s first-ever appeal of a Historic Landmarks Preservation Commission (HLPC) decision, the ICC appealed the September 25th, 2017, decision by the HLPC to deny the application a preservation notice of action, the approval necessary for the application to obtain a building permit from Kingston Building and Safety. HLPC commissioners cited concerns
HLPC commissioners cited concerns with:
the width of the building
the proposal’s harmony with existing buildings and the desired character of the neighborhood
relation of the proposed building to neighboring buildings surrounding it
and proportion (how it fits in overall with the district)
The Zoning Board of Appeals heard evidence on the appeal and decided that the HLPC had approved the application in the past. They rendered their decision to overturn the HLPC’s decision and issue the preservation notice of action itself on March 8, 2018..
We looked for another instance where an HLPC decision was appealed to the Zoning Board of Appeals in the City of Kingston but weren’t able to find any evidence of one. The City’s Corporation Counsel together with the ICC’s lawyer determined that next step in an appeals process from their interpretation of the City’s Zoning Law for the HLPC:
Any person aggrieved by an action of the Commission in disapproving or limiting a preservation notice of action application and the Zoning Board’s support of such Commission action may bring a proceeding to review in a manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decisions are illegal, in whole or in part.
What Are the Next Steps in the Process for the Public?
On March 19th, 2018, the ICC returned to the City of Kingston’s Planning Board for Site Plan Review and a Parking Waiver request. The Planning Board decided at that meeting to schedule a public hearing on those two elements of the application to be held on Monday, April 16th.
The Site Plan has been updated to address some of the comments from the HLPC. The ICC is required by the City to provide 55 parking spaces, based upon calculations of the square footage of the building. The ICC is offering to provide 8 parking spaces in a private parking lot next to the proposed building. They are requesting a Parking Waiver for the remaining 47 spaces based on the availability of municipal and street parking within 400 feet of the ICC property.
Call to Action
Citizens are invited to attend the Planning Board’s public hearing and speak to the ICC’s Site Plans and Parking Waiver on Monday, April 16th, 2018, beginning at 6:00 pm. Kingston City Hall is located at 420 Broadway in Kingston.
*The ICC would be but one element of commercial activity in the Rondout. Nearby restaurants, museums, and waterfront attractions already compete for parking. The ICC’s proposed uses and inability to provide sufficient parking for itself would increase stress on other local businesses and Rondout economic development.
*The Rondout neighborhood is a deeply residential neighborhood where the majority of housing does not have driveways and residents rely upon street and municipal parking, particularly in the event of snow emergency parking restrictions. The ICC would greatly increase stress on residents in relying heavily on municipal and street parking by preventing them from finding parking near their homes.
*The ICC’s proposal to use municipal lots for their parking needs would take away from mandated public access to the Marina and other water-based activities as outlined in the LWRP.
SAFETY (We don’t want the construction site to become an attractive nuisance.):
* The construction site needs to be secured with sturdy fencing or security guard every day.
* Any closure of Company Hill Path will affect business and restrict public access to a National Register of Historic Places site.
* What kind of funding do they have to complete the construction in a timely manner?
* What is their timeframe for construction? What happens if they don’t meet the timeframe?
Don’t make a decision on the application on the same night as the public hearing. The Planning Board members need time to digest the information submitted at the public hearing and in some cases, may need to conduct further research. A vote that evening would appear to be a rush to approve the project.
Deny the parking waiver.
If site plan approval is granted, it should be contingent upon:
No banquet hall use allowed, as the ICC promised.
No noise permits granted and no outside speakers.
No uses not fully enclosed in a structure allowed.
Additional changes to the exterior should be reviewed by the HLPC.
Only upon satisfactory answers to safety, access, and funding questions above.
Hillary Harvey is a journalist, and a zoning code activist, working for transparency and responsible development that considers the welfare of residents and small businesses. Together with her neighbors, she runs Grow the R-T Responsibly , a neighborhood collective dedicated to that cause. A yogi and devoted traveler, she lives in an old house in Kingston’s historic Rondout district with her college sweetheart and their three muses.
The Historic Landmarks Preservation Commission (HLPC) recently chose to change its format to allow the public an opportunity to participate on applications in real time, creating a more democratic format for both the applicant and the public. The changes provide a model of a more participatory meeting format that all City of Kingston boards, committees and commissions might consider applying.
Currently, in the City of Kingston, the majority of committees and subcommittees offer public speaking at the discretion of the committee chair. It is possible to reach out to the chair ahead of a meeting to let him/her know that citizens would like time to present comments or questions.
A small group of citizens, however, respectfully pressed for one and ultimately, the planning board obliged. In December of 2015, the first public hearing was scheduled and many good points were raised.
VIEW public comment from December’s public hearing on the proposed shooting range.
Testimony from this hearing revealed that a shooting range inside of Kingston is actually illegal. Kingston City administrative law 223-3 specifically prohibits the discharge of firearms. “No person, other than in self-defense or in the discharge of official duties, shall willfully discharge any species of firearm within the city limits of the city of Kingston, New York.”
There are other concerns for our Planning board to contemplate on Monday. Regardless, the purpose of zoning is to uphold “the protection and promotion of the public health, safety and welfare” of a community. Decisions of a Planning and Zoning board are not based on opinion. Their role is to uphold the law and the law clearly states that discharging a firearm is illegal in the City of Kingston except under very specific circumstances.
Citizens in the City of Kingston spoke regarding the proposed Shooting Range in Midtown, Kingston. Some requested a public hearing, and it appears that the Planning Board has determined it to be appropriate to hold one.
More details shortly. Part three of the video, by the way, will be available later on today. Please review the video below.
This is a great primer for the Planning Board meeting this evening created by Jennifer Schwartz Berky, a Kingston resident and planning professional. It should help you a great deal in following along.