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Kingston committee issues SEQR negative declaration, approves eminent‑domain findings for Garagun Drive redevelopment

2665172 · January 16, 2025
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Summary

The City of Kingston Community Development and Housing Committee voted to adopt a SEQR negative declaration for planned acquisition and redevelopment along Garagun Drive and to publish termination/findings under the New York Eminent Domain Procedure Law to begin acquisition steps; both measures carried by voice vote.

The City of Kingston Community Development and Housing Committee on Jan. 16, 2025 voted to adopt a State Environmental Quality Review (SEQR) negative declaration for the proposed acquisition and conceptual redevelopment of property along Garagun Drive and approved a related set of findings under Section 204 of the New York Eminent Domain Procedure Law to begin acquisition steps.

Planning staff member Bartek reviewed changes to Resolution 11 of 02/2025 and the associated full Environmental Assessment Form (EAF) parts 1–3, telling committee members the project is currently conceptual and would later be subjected to project‑specific environmental and land‑use review. “This conceptual view represents our understanding of the site, our understanding of the development potential of the site,” Bartek said. He added that “to the extent that this review constitutes segmentation, it is permissible segmentation because no development will go forward until a project specific SEQR review is completed.”

Why it matters: the actions clear procedural steps that allow the city to acquire roughly 3.5 acres along Garagun Drive and move toward redevelopment that the staff memo estimates could accommodate about 200 housing units and roughly 30,000 square feet of neighborhood‑serving retail. Committee members and staff said those figures are conceptual; any specific project would require planning‑board review, site plans, and additional environmental testing.

What the committee reviewed and decided - Bartek described edits to the SEQR materials adding that the City of Kingston Planning Board, the Kingston Historic Landmarks Preservation Commission, and the Ulster County Planning Board were sent part 1 of the EAF and raised no objections to the council serving as lead agency. - The revised SEQR language clarifies the review is conceptual and that project‑specific review will follow when a developer submits a site plan. Bartek said, “As such, such review is no less protective of the environment,” referring to the current conceptual review. - The EAF identifies a small number of potentially moderate impacts (for example, construction lasting more than a year and visibility from the adjacent historic district) and finds most categories to be low or no impact given the urban context and proposed mitigation. - The committee approved Resolution 11 of 02/2025, determining the proposed acquisition and development will not have a potential adverse impact on the environment (negative declaration). The motion passed by voice vote; the committee recorded a unanimous “Aye” and the chair stated, “Motion carries.”

Environmental and technical issues discussed - Traffic and modal impacts: staff acknowledged peak‑hour trips will increase but said the site’s location in a walkable mixed‑use district should mitigate net vehicle trips by shifting some travel to walking, cycling, and transit. Committee members discussed bicycle parking and UCAT (Ulster County Area Transit) connectivity. - Wastewater and solid waste: Bartek said the nearby wastewater treatment facility has capacity to serve additional housing units but noted site‑specific connection issues would be addressed during later review and design. He said soil testing and additional environmental testing would occur before development, noting historic automotive uses on portions of the site and potential brownfield conditions. - Historic and visual impacts: the EAF flags visibility from the Rondout Historic District and potentially seasonal views from the creek; staff said form‑based code standards and contextual requirements will govern design to reduce adverse effects. - Noise and lighting: Bartek said construction and finished development would be subject to the City of Kingston’s noise control ordinance and the lighting standards in the City of Kingston form‑based zoning code; lighting and fixture details will be part of any future site plan submission. - Vegetation and habitat: staff noted the form‑based code requires landscaping using native trees, shrubs, and perennials, which is expected to enhance on‑site vegetation and wildlife value.

Eminent domain findings and next steps - The committee also approved Resolution 12 of 02/2025, a termination/findings resolution under Section 204 of the New York Eminent Domain Procedure Law concerning proposed condemnation of several tax parcels totaling approximately 3.5 acres. The revised findings document was updated to reflect the city’s federal grant application related to roadway (9W) infrastructure work. - After the vote, staff outlined next steps: the common council has 90 days from the public hearing date to adopt the termination/findings; the city will publish a brief synopsis of the determination and findings in the Daily Freeman for two successive issues and serve the current property owners with the synopsis and a letter outlining next steps. Property owners will have 30 days to respond; the city will obtain an appraisal to begin acquisition negotiations.

Votes at a glance - Resolution 11 of 02/2025 (SEQR negative declaration for acquisition and redevelopment along Garagun Drive): Approved by voice vote; committee chair announced “Motion carries.” - Resolution 12 of 02/2025 (adoption/publication of findings under EDPL §204, proposed condemnation of specified parcels totaling ~3.5 acres): Approved by voice vote; committee chair announced “Motion carries.”

What remains: committee members stressed that the current materials are conceptual and that any developer proposal will require detailed site plan review, design details (including lighting and stormwater controls), soil testing and remediation as needed, and completion of all required permits before construction can proceed. The committee adjourned after completing the votes.