Council changes zoning notice policy

KINGSTON, N.Y. >> The city will change the way residents are notified when a neighboring property owner applies for a variance or zoning change under Kingston’s zoning code.

The Common Council on Tuesday unanimously adopted a resolution amending the notification procedure to include, among other changes, having applicants post a sign on the property where the variance or zoning change is being sought. The cost of the sign would be paid for by the applicant and would be used to notify neighbors of the zoning request and any upcoming meetings on the matter.

The approved changes also allow the city to make notifications via first-class mail, rather than certified mail, to all contiguous and adjacent properties. The notifications would be sent out at least 10 days in advance of any public hearing on the zoning request.

During the public speaking portion of Tuesday’s meeting, city resident Owen Harvey once again asked the council to maintain the requirement for using certified mail.

“Multiple methods of notification are a wise idea,” Harvey said. He said, though, certified mail requesting a return receipt remained the best way to notify property owners of requested zoning changes. Harvey said the return receipt provides evidence of the notification being sent and received, and also provides accountability in the city’s building department.

Harvey currently is in a legal battle with the city over zoning for the proposed Irish Cultural Center on Abeel Street. He, his wife and another neighbor have sued the Kingston Zoning Board of Appeals regarding a ruling that the site at 32 Abeel St. is properly zoned for the proposed facility.

Alderwoman Lynn Eckert, D-Ward 1, said the certified mail aspect was debated in committee and there was question about its effectiveness. She said there is evidence people do not always pick up certified mail.