CITIZEN CALL TO ACTION
Attend the Planning Board’s public hearing and speak to the ICC’s Site Plans and Parking Waiver.
Monday, April 16th, 2018
City Hall Council Chambers, 420 Broadway in Kingston
The ICC Site Plan from March of 2018
by Hillary Harvey
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.