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Kingston Planning Board approves 6-foot street-facing fence waiver for 18 Pincote Street with conditions
Summary
The board granted a major waiver allowing a 6-foot screening fence at the corner property at 18 Pincote Street, conditioned on removal of roof rafters, a gate for trash access and a three-month compliance deadline; the board and applicant discussed building permits and neighborhood consistency.
KINGSTON — The Kingston Planning Board on Feb. 8 approved a major waiver allowing a street-facing fence up to 6 feet tall at 18 Pincote Street, a corner two‑family property, but attached conditions requiring removal of roof rafters, addition of an access gate and a deadline for compliance.
The waiver was approved after public comments from the property representative and a neighborhood-context review by the board. Planning Director Suzanne Kegel moved to approve the waiver; Vince Archer seconded. The board voted in favor; one member recorded an opposition. The board said the approval applies only to the fence as configured and does not permit adding a roof without a building permit or additional variances.
The board’s staff materials note that the city’s form‑based code generally limits street‑facing fences to 4 feet and allows increased heights in some circumstances; board members cited other nearby fences and retaining walls when weighing the request. Kegel told the board that if the applicant were to add a roof or enlarge the structure it would “require a building permit” and might also need setbacks or a variance.
Applicant Lauren Pierre told the board the structure resulted from recent renovations and said the intent was screening and multiuse access for trash and occasional vehicle access: “We will put a gate there definitely anyway for the trash and the car possibly,” Pierre said. Pierre also said the property’s previous configuration included a carport-like structure and that the owners had obtained inspections for the house renovation.
Board members discussed multiple criteria the code requires for a major waiver: consistency with neighborhood context, effects on walkability, and the degree of deviation from the standard 4‑foot street‑facing limit. Several members said the 6‑foot fence was consistent with nearby properties and served to screen refuse containers and offer privacy without obstructing pedestrian sightlines. At least one member said the only substantive concern was the roof rafters that tied into the house because that feature increased height and added a building‑like appearance.
The board imposed three explicit conditions: the fence height must not exceed 6 feet; cross‑members/rafters that extend the height or create a roof must be removed; and the applicant must complete corrective work, including installing an access gate for trash and making the rafters modification, within a three‑month period. The board advised the applicant to obtain any required building permits if a roof or carport is later proposed.
The board also told the applicant staff would follow up with an email notification of the decision and next steps. Kegel indicated the waiver is a Type II action for environmental review, meaning no further board-level SEQR review was required.
Votes at a glance
- Adoption of minutes (Jan. 21, 2025 planning board meeting): Motion to adopt made and seconded; approved by voice vote. (Mover: Wayne Platt; Second: Matt Gillis; outcome: approved.) - Lot-line consolidation at 82 First Avenue (Mark D. Day and Kyla D. Day): Motion to approve with required paper submissions; approved by voice vote. (Mover: board member; outcome: approved.) - Major waiver for 18 Pincote Street (this item): Motion to approve the major waiver with conditions (remove rafters, install gate, three‑month compliance deadline). Motion moved by Suzanne Kegel and seconded by Vince Archer; vote: approved with one recorded opposition (Gary).
