November 6, 2021 – Kingston Citizens

Last week, the Kingstonian project development team that includes Michael Moriello (legal), Dennis Larios (engineering) and Scott Dutton (architect) joined the Historic Landmarks Preservation Commission’s (HLPC) monthly meeting to discuss the required Preservation Notice of Action and demolition permit that the developers will need to proceed.

*Click on image to watch the HLPC meeting with Kingstonian development team*

HLPC chairman Mark Grunblatt outlined concerns raised in a letter dated 9/6/19 for the developers to prepare to address during their upcoming presentation and public hearing in January.

They include:

Clarifying the boundaries of the Historic District and whether or not they cover Schwenk drive;
A plan to preserve and properly handle any archeological artifacts found during demolition and construction by a certified archeologist professional;
Addressing visual impacts to the historic district and surrounding area;
Address potential damage to neighboring properties when demolition and construction begins.

City of Kingston Assistant Corporation Council Dan Gartenstein noted that the project’s State Environmental Quality Review (SEQR) negative declaration decision had fully resolved several of the issues identified by the chairman that evening, and that the Preservation Notice of Action items would pertain to some items such as visual impacts and demolition.

Dutton said that the team is working to define their plans and that they were not making any dramatic changes, only refinements and improvements to the visual and facade, to take it to “another level”. Moriello added that there would be no dramatic moves, and that although SEQR had concluded, the applicant could continue on with visual impacts and analysis.

Gartenstein said that according to the City of Kingston’s code 405-49 (Building Permits), the project would require an application for a building permit for demolition, and that the building safety division would notify the commission, who would reply to the request for demolition. When asked if a demolition permit had yet been requested, the Kingstonian attorney answered that it had not.

As a side note, we would be remiss if we didn’t point out the irony that while the Friends of Historic Kingston (located only blocks away from the Kingstonian project) and others host exhibits mourning the demolition of the Kingston post office and urban removal, we continue to tear down buildings and this time, in the heart of Kingston’s historic district. “History teaches us that we learn nothing from history” is fitting here.

The Applicants’ attorneys will prepare information to present to the commission and members of the public regarding the necessity to demolish the building at the next HLPC meeting on December 2. Moriello pointed out that according to 405-65 (d), a public hearing will be required, suggesting that the presentation and public hearing could all be held on the same day. City of Kingston Planning Director Suzanne Cahill said that the city should hold off scheduling a public hearing until the materials were released, and that it would not be fair to the public to not have those materials in order to make comments in December.

A public hearing will likely be set in January, 2022. The Commission tabled the application until their next meeting on December 2.

ADDITIONAL SELECTED RESOURCES: by historic preservation specialist Marissa Marvelli

2/27/20: The State Preservation Office does about-face for Kingstonian project amid political pressure

11/15/19: Planning Board sees no potential impact on character of Stockade District by Kingstonian Project (with video)

9/26/19: The Kingstonian to be Jointly Reviewed Tonight; State Preservation Office Finds ‘Adverse Effects’ in its Evaluation of the Project; Confusion about Historic District Boundaries

7/28/19: Building on the past: the Stockade District’s tipping point (HV1)

9/1/18: GUEST EDITORIAL: Beyond ‘Streamlining’ – Improving Kingston’s Preservation and Heritage Programs

*Click on the image above to read the full letter from Rodenhausen, Chale & Polidoro*

As readers are aware, in order for the Kingstonian project to proceed, they will need to take over two public properties that are in the midst of very different processes. The first, a parking lot located on 21 North Front Street that the city has been working to transfer to the Kingston Local Development Corporation to handle the sale, which will be contingent on the Kingstonian’s project site plan approval by the Kingston Planning Board.

The second, Fair Street Extension that serves both as a pedestrian walk and public street. This item began moving through committee in October, where the Kingston Common Council’s Finance and Audit Committee “…endorsed a plan to abandon and close a portion of Fair Street Extension to through traffic” for the Kingstonian’s proposed luxury apartment development. The full council is set to vote on this item next week.

Then, on Friday afternoon (11/5), the City of Kingston’s Corporation Counsel received a letter from Victoria Polidoro of the law firm Rodenhausen Chale & Polidoro regarding the city’s plans for 9-17 & 21 N. Front Street and Fair Street Extension, threatening a temporary restraining order.

“Based on the discussion during the Finance and Audit Committee meeting (see below) and the lack of a public hearing notice for November 9, 2021, my clients are concerned that the City will not be following the requisite procedure for the closing of a public street and subsequent conveyance of an interest in the former street bed…our clients are prepared to seek a temporary restraining order from the Ulster County Supreme Court preventing the City from discontinuing and conveying an interest in the Fair Street Extension until all statutory requirements have been followed.”

In the letter, Polidoro outlines the process and procedure for closing a public street and conveyance of public land. “The rights of the public in city streets are inalienable, and may only be sold or conveyed in limited circumstances.” wrote Polidoro. “To discontinue a City of Kingston Street, the Code first requires the City Planner to establish a list of streets or portions of streets which are no longer used as “public thoroughfares” and are now vacant.”

“Code §355-56. The Code then directs the circumstances under which these streets are to be offered for sale, with sale as the only provided for manner of conveying or otherwise disposing of a street: “The [Common] Council shall determine whether the street is of public use or whether it is in the interest of the City of Kingston to sell such street.” Code §355- 58. Property descriptions, assessments, public hearings, and ultimate approval of any deal to sell the public street by the Common Council and Mayor are required before a public thoroughfare can be conveyed. Code §355-61-63, -65. The City must hold a public hearing on ten days’ notice regarding the proposed sale before it can be approved. Code § 355-62.

The Kingston Common Council will likely discuss their anticipated vote on the Fair Street Extension conveyance and easement to the Kingstonian developers during their caucus on Monday, November 8. If they foolishly proceed as previously planned, they will vote on this item at the full monthly Common Council meeting on Tuesday, November 9.

Kingston’s Historic Landmarks Preservation Commission (HLPC) prepares Preservation Notice of Action for Kingstonian proposal

An Update on the Fate of Fair Street Extension and the Kingstonian Project