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

Zoning, the Mixed Use Overlay District, Comprehensive Plans and the Kingstonian Project

A comprehensive plan is a powerful document in New York State that creates a framework for making important decisions 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)

The City of Kingston continued to promote that goal in its 2017 Downtown Revitalization Initiative (DRI) application in which the Kingstonian Project was proposed:

“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.

Read more…

VIDEO: Ianucci Development (formerly “Super Garage”) Public Informational Meeting

 

Last night, the developer Robert Ianucci hosted a public informational meeting in the Rondout, where we learned that his initial design was nothing more than “a concept.”  (Architect Paul Jankowitz @ 59:00 on Tape #1)

The public made some great points and suggestions, although a highlight for me, was the idea to create an architectural competition, to lay out guiding principals and then to invite some of the youngest and brightest architects from all over the world to consider what could be built there.  “It doesn’t have to be traditional – and anyway,  what you’re proposing doesn’t reflect the architecture of old Kingston at all.”  (Starts at 00:00 on Tape #2).

The location is nestled into a residential area and nearby Riverview Baptist Church and the AJ Williams-Myers African Roots Library – communities essential to engage going forward.

Some of Kingston’s best organizers were present, including Ann Loeding who is collecting names for upcoming meetings and to solicit comments going forward.  If you wish to be included, please contact her at:  aboatgrrl@yahoo.com

Thanks to The Kingston News for recording the meeting, brought to you by KingstonCitizens.org.

(Photo credit:  Clark Richters)