Development and Environment go Hand-in-Hand

Local marketing and public relations consultant Raleigh Green’s recent commentary “Housing vs. Environmentalists” (August 21, 2024) starts with several wrongheaded assumptions that demand correction. In contrast to Green’s conjecture, development and environmental protection aren’t incompatible; Ulster County and New York State do provide explicit guidelines for developers; and the affordable housing crunch isn’t a result of environmental policies.                                                                             

For starters, Green relies upon a tired old dichotomy that pits development against the environment. Few in politics believe that sustainable development is equivalent to being anti-development. As a consultant for developers, Mr. Green should know well established zoning and planning trends have produced longstanding guidelines with incentives for Smart Growth. The most successful and responsible developers apply this approach. 

Green falsely asserts that no one knows where building is supposed to happen in Ulster County despite the fact that the Ulster County Open Space Plan has been readily available to the public since 2007.  Moreover, all successive policy adoptions have tracked this plan in identifying priority and growth conservation areas.  In fact, following the guidance from the Open Space Plan, municipalities have had the opportunity to change their zoning to limit development in outlying areas and strategically promote it where infrastructure already exists. The Open Space plan makes clear to planners and policy makers where development should occur. In short, municipalities have changed zoning plans to encourage this mindful approach.

Nor is Ulster County’s lack of affordable housing a result of a purported tension between development and the environment. Instead, the lack of affordable housing is a consequence of a complex set of factors including a failed political will to implement plans for over two decades. In 2005, the Ulster County Housing Strategies Plan clearly mandated the development of affordable and mid-income housing. Without committed political support, affordable housing projects stalled. Increasingly, the community and policymakers have recognized a need for decisive action, making a renewed and concerted effort to plan and implement affordable housing. For instance, the Ulster County planning office has developed a Housing Smart Communities initiative that encourages communities to change their zoning codes to support  Accessory Dwelling Units (ADUs). The governor has generated financial support for homeowners who are willing to build ADUs in communities that have adopted this zoning strategy. Zoning changes that accommodate ADU’s relieve short-term housing pressure. 

Green falsely states that town zoning effectively bans any form of building. The zoning law emerges directly from a community’s comprehensive plan.  Those laws help to organize how land is developed within a municipality, providing rules and principles for land use. The very essence of zoning is not to ban building but to guide it and protect investments by assuring that developers comply with the law. 

The City of Kingston just revamped its zoning code in significant ways to redress the housing crisis and provide clarity about development. The new Kingston code allows for more types of housing within a walkable distance while incorporating standards that encourage diversity. 

Green further contends that Ulster County is unclear about protected lands.  Yet local and state laws explicitly provide guidelines and standards for protecting wetlands, water resources, historic sites, and endangered species and their habitats, as part of “critical environmental areas.” Any capable development team can utilize The State Environmental Quality Review Act (SEQR), to save time and money by an initial site assessment, which is required prior to a full submission to planning boards. Furthermore, these environmental laws are not unique to Ulster County: They are universal in New York State. 

Ulster County has plenty of space for development that fulfills housing needs, protects the environment, and enables Mr. Green’s clients to make profits. The county’s open space plan plainly identified “priority growth areas” that could accommodate a significant amount of housing, while also reducing the carbon footprint that sprawls into open spaces with no infrastructure. The consonant goal is to protect land rich in natural resources while creating more complete and equitable communities. The most successful developments harmoniously achieve both goals. 

Economic data tells us that new luxury housing development in our rural open spaces does not bring revenue to local governments. Instead, tax rolls are actually highly burdened by sprawl.  Housing, developed away from community centers, adds substantial fiscal burdens to municipal budgets, including public infrastructure, road maintenance, and emergency services costs. Those expenses far outstrip the taxes residents in developments pay. These municipal losses don’t include the tax breaks often given to developers to encourage their projects. On the other hand, development in areas with existing infrastructure is both fiscally responsible, more environmentally sustainable, and profitable.

When communities develop in priority growth areas, they efficiently utilize the infrastructure already paid for by the public. With transportation networks in place, workers and families find affordable housing with easier access to work and schools and seniors are able to age in place with greater services available to them. This is not social engineering – it’s democracy. When communities rather than private developers decide for themselves how to address citizens’ needs in a way that reflects their values, they exercise self-government. By working within the policy guidelines of documents like the Open Space Plan and the county’s housing initiatives, municipalities can engage with developers in ways that harness the public good for development. The path to cooperation and coordination is one that requires developers and their paid consultants to be transparent, cultivate trust, and develop a consensus rather than to dictate plans and to pursue backroom deals. No one advocates a hardline against development; rather, citizens want Smart Growth. 

Mr. Green may ask where his clients may find and build housing with existing infrastructure? Only a failure of imagination can lead to such a question. In Kingston, we have existing infrastructure in need of development in Midtown and the Rondout. In the Town of Ulster, the Hudson Valley Mall awaits development from someone with vision. These are just a few examples. 

Mr. Green criticized the Woodstock Land Conservancy (WLC), implying that the organization was obstructionist to developers and to those advocating for affordable housing. Nothing could be further from the truth. Mr. Green is no neutral observer who simply seeks answers from WLC. The Kingston Wire neglects to mention that Mr. Green is a paid consultant for developers.  As an ethical matter, both Kingston Wire and Mr. Green should be open about his affiliation with developers. Transparency would bolster the journalistic integrity of the Kingston Wire and provide readers with a better context in which to evaluate Mr. Green’s argument. The WLC plays a valuable role in our community and has consistently stood shoulder to shoulder with citizens against projects that threatened our municipal drinking water source (Niagara Bottling’s effort to bottle and sell Kingston’s municipal water source) and air quality (Glidepath’s peaker plant project 600 hundred feet from a residential area in the Town of Ulster). WLC has also championed affordable housing. 

Like so many other actors on the political landscape, Mr. Green creates division by perpetuating an outdated narrative about the tensions between the environment and development. The two are not opposed – they’re congruous. Now more than ever we need developers, consultants, elected officials and policymakers who understand that we need effective investments that promote equitable economic and sustainable growth. Development is not an either/or proposition when it comes to sustainability, inclusion, and investment. Developers and consultants can make a good living while respecting the community’s zoning and environmental regulations. Contrary to what Mr. Green believes, we all know that communities need developers to achieve affordable housing goals. But, no one advocates for rudimental, undifferentiated development. Instead, smart development helps everyone.

KingstonCitizens.org
Rebecca Martin, Lynn Eckert, Sarah Wenk, Marissa Marvelli, Tanya Garment, Giovanna Righini

TownOfUlsterCitizens.org
Laura Hartmann

New water bottling plant inquiries in Town of Ulster in 2024

By Rebecca Martin

Last month, we received a call from a resident who learned that the Town of Ulster was facilitating discussions with a water bottling plant poking around Enterprise Drive and Boices Lane.

A decade ago, the proposed Niagara Bottling project abandoned its controversial plan to build a plant near TechCity that would have drawn water from the city of Kingston’s reservoir after a five month long coalition effort led by KingstonCitizens.org.  “Any impact that we might have made is a reflection of strong resolve, partnerships, commitment, patience and perseverance by us all. It is a great illustration of Democracy at work in the Hudson Valley.” we were quoted saying back then. KingstonCitizens.org went on to change the water powers law with a referendum to protect the Kingston community in November of 2015.  The coalition of partners included The Woodstock Land Conservancy, Riverkeeper, Esopus Creek Conservancy, Food and Water Watch, SaveCooperLake.org, Catskill Mountainkeeper, NYPIRG, The Wittenberg Center, Mid-Hudson Sierra Club, Red Hook Conservation Advisory Council, Clark Richters and Kingston News, SUNY Ulster Environmental Club, Scenic Hudson, Sustainable Saugerties, Slow Food Hudson Valley, Town of Woodstock, Town of Red Hook, City of Kingston Common Council and Conservation Advisory Council and Kingston and Woodstock NY Transition.

Recently, with the support of our sister group the TownOfUlsterCitizens.org, a FOIL request was submitted to learn as much as we could about a proposed water bottling plant in 2024 before alerting City of Kingston officials and our independent water board.  What we learned was that although some water tests were requested by the unknown company, according to Supervisor James Quigley, the project was thought to be “dead”.

In 2014 and 2015, the City of Kingston residents unambiguously told our local, county and state officials that we don’t want our municipal drinking water to be bottled and sold. Also, it is even clearer today that current climate conditions (such as recurring and more severe droughts) and the unrelenting growth of the bottled water industry are masking our current water crisis and hindering efforts to provide reliable drinking water for all.

We remain vigilant.

RESOURCES: 

WATCH:  August 14, 2024:  Kingston Water Board discusses, briefly, KingstonCitizens.org’s outreach and Supervisor James Quigley’s FOIL response letter.  “Water tests were requested, but no application was submitted. It was a non-starter at this time.”

READ:  KingstonCitizens.org letter to the Kingston Water Board re: a Potential Water Bottling Plant/Facility in the Town of Ulster in 2024

READ:  Supervisor James Quigley’s FOIL letter response

Paying it Forward: KingstonCitizens.org Supports the Town and Village of St. Johnsville, NY’s Effort to Protect their Drinking Water Source from Nestle

In 2018, we learned about a potential drinking water deal between Nestle and the Town and Village of St. Johnsville, NY, North of Kingston located on the Mohawk River in the Hudson River watershed.  Quickly, we identified the advocates working on this problem and outreached to them in order to offer our support and experience from the ground where we were successful in knocking out the Niagara Bottling proposal who was looking to purchase 1.75m GPD of our drinking water supply back in 2014.

Five years later, their community wrote to alert us that they had succeeded in beating back the Nestle deal. What’s more, is that the community members who were on the frontline went on to run for office and win elections to replace both the Town Supervisor and Village Mayor in St. Johnsville, NY. 

We must pay it forward when so many community members provide their invaluable time and expertise to protect their community from the privatization of their municipal drinking water source.  In that spirit, we will continue to offer our support to communities as we have done now for a decade. We believe that those who experience the same positive result will do so, too.

When did you first learn about Nestle coming to your community?

In 2018, the St. Johnsville Chamber of Commerce announced that Nestlé Waters was granted permission to perform a study of our municipal water supply as they had an interest in sourcing water.

What were they asking for? 

At that time their request was simply to study our water supply.

What is your municipal water supply? Do community members have a say in how it’s managed or sold?

Our primary water supply comes from Congdon Springs in Ephratah, NY- about 7 miles from the village. Our secondary water source Is the Burgess Well, which is located within the village. Residents do not have a say in the way water is managed or sold.

How long have you been organizing around this problem? Can you list all of the members of your strategic group, and how did you all succeed?

Community members began watching this study since the fall of 2018. Since 2022, our group has been very actively following. Dawn White (now the new mayor of the Village of St. Johnsville), Phoebe Sitterly (now the new supervisor of the Town of St. Johnsville), Jordan McDaniel and Katrina Caringi championed this effort.

What have you learned throughout this process? 

If something doesn’t “seem right”, it probably isn’t. Don’t be afraid to stand up and advocate for what’s important!

How did KingstonCitizens.org help your effort?  Are you interested in providing the same support for other communities that find themselves in this position? 

Back in 2018, we met with Rebecca Martin and she was kind to offer guidance. Through time, the lessons that KingstonCitizens.org learned has proved to be very helpful. We were given hope that there was something that could be done to stop them and we would be happy to help other communities.

The City of Kingston’s drinking water supply is Cooper Lake

Photo credits: Kevin Smith, Woodstock Land Conservancy 8/24/22

By Rebecca Martin

Cooper Lake is located in the Town of Woodstock and is the largest natural lake in the Catskill Mountains. It stores water from the Mink Hollow Stream in addition to water that reaches the lake from its nearly 9 square-mile watershed. 

It is also the City of Kingston’s primary drinking water source. 

The City of Kingston Water Department was founded on May 27, 1895 by a special act of the New York State Legislature to provide potable water to the residents of the City of Kingston. It is a financially and administratively independent department within the City of Kingston funded by drinking water users (and not tax dollars) and is governed by the Board of Water Commissioners. The Board is a continuously sitting body and each member is appointed to a five (5) year term by the Mayor. The Mayor is also a voting member of the Board and the Kingston Common Council assigns a liaison in January of each year to monitor their business. 

The Early History of Water, Woodstock and Kingston by Richard Heppner

Our area is in the midst of a drought. At the same time, important dam construction at Cooper Lake is underway in order to bring the dam into compliance to meet the New York State Department of Environmental Conservation (NYSDEC) regulations. It’s a project that’s been in the works for many years.

In preparation, last July Cooper Lake was lowered by 10 feet below its maximum capacity and that level must be maintained throughout the dam work that is scheduled through November of 2023. The process began before our current drought emergency that has escalated and was raised to Stage II on August 11.  

At times like these, Kingston is fortunate to have a secondary drinking water source – the Ashokan Reservoir. Many communities that I work with haven’t got a plan B. Although the infrastructure is not yet connected, the New York City Department of Environmental Protection (NYCDEP) has run pipes under Route 28 at Basin Road and part way down Sawkill so that the Kingston Water Department would be able to tap into the reservoir if they ever needed to. They never have –  until now. 

In the early 2000’s, the Town of Ulster signed a long standing agreement to purchase 700,000 gallons per day (GPD) whether they used all of it or not from the Kingston Water Department making them one of our largest drinking water users. That agreement was recently brought to a halt because of the seriousness of the drought. Now the town is working to provide Kingston with 200,000 GPD to help us through this critical time, even when they are also experiencing drought conditions and cut-backs.  The residents in the Town of Ulster deserve our gratitude.

Kingston Water Department and “surplus water”

Nearly 10 years ago, the City of Kingston was on the brink of selling 1.75 million GPD of our municipal drinking water supply to the California based company Niagara Bottling at Tech City in the Town of Ulster.  Had they succeeded, they would have secured their first large drinking water bottling facility in our region and would have taken every drop for all the years they were here to bottle and to sell. For those following the changes at the Tech City site, Niagara would have likely impacted the recent trajectory of any progress seen today. And given Niagara’s track record, we might have been in a heap of trouble now. It’s one thing to negotiate with your neighbors. It’s a whole other matter to do the same during drought conditions with a corporation who have savvy lawyers and deep pockets. Luckily, with the support of many community members, organizations and elected officials, we nipped that proposal in the bud in just five months and sent Niagara packing.

Side bar: We still have Niagara Bottling on our google alert. We’ve been following them around the country for the last seven years and share information about our strategies with municipalities interested who are struggling as we were. We’ve had some success, too – in communities located in Texas and Wisconsin.

Back in 2014 when Niagara was a looming threat, we learned about Kingston’s safe yield (by definition, the safe yield of any water supply is the maximum dependable water supply that can be withdrawn continuously from a supply during a period of years in which the driest period or periods of greatest deficiency in water supply is likely to occur) being 6.1 million GPD. For Kingston’s drinking water supply, that period continues to be the drought of 1957 that lasted 3 months. Kingston’s safe yield was said to be accurate when we inquired. We were told changes were slow. 

Also in 2014, community member’s concerns were said to be “hysterical”, as the City of Kingston had surplus water to sell and the East Coast was water rich.  Their messaging gained no traction with us.

Here is some interesting data from old posts about droughts in the Hudson Valley:

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Given the recent trends, is it time for us to take another look at our safe yield and consider climate? I think so. Although Cooper Lake was reduced 10 feet to its maximum capacity last year for important dam work, it seems clear that no one anticipated a drought a year later that would exacerbate our current situation.

Drinking Water Budgets

There is such a thing as drinking water budgets, or an accounting of all the water that flows into and out of a project area. The Kingston Water department once told us that they have one. Through our FOILs in 2014 and 2015 we never successfully acquired a copy.  If our safe yield is 6.1 million GPD then we don’t want to overuse or over promise what we can deliver.  A water budget keeps track of our current residential and business use and should also take into account future development project commitments.

In a report from 2007 for the proposed Hudson River Landing Development, it stated that the City of Kingston had a daily water usage of 3.28 million GPD.  In 2014, we were told that that number increased to 3.5 million GPD. Where are we today?  Outside of our own concerns about drought and drinking water, how does Cooper Lake’s current levels inform us about groundwater resources and the rapidly dropping water table area-wide? What about our neighbors public supply wellheads and thousands of private wells?

We’re sharing these photos – thanks to Kevin Smith of the Woodstock Land Conservancy – to illustrate that this crisis is real. The photos speak for themselves and it’s heartbreaking to see this natural waterbody in such a state. Beyond that, the water that flows through your pipes to your home or business is treated drinking water from Cooper Lake meant to keep you nourished and alive. At the very least, it’s a teaching moment. We shouldn’t ever take drinking water for granted. 

Our drinking water supply levels are a real emergency. Follow the requests from City of Kingston officials and be mindful every day of how you borrow from Cooper Lake. Consider everyone and everything.

In addition to previous mandatory restrictions on water usage, the following measures will be in effect:

  • NO use of water from the KWD to fill or maintain the water level in any swimming pool.
  • NO use of water from the KWD to water any lawn, golf course, ornamental shrub or plant, except that water may be used to irrigate, from a hand held container only, vegetables or fruits grown for human consumption.
  • All air conditioning systems utilizing water from the KWD should be operated only in accordance with hourly restrictions established by the Superintendent.
  • All large, nonresidential water consumers must immediately reduce usage by at least 20%.