Lawyer hints at suit over gas regulator plan
An attorney retained by a Kingston community group says the city Planning Board potentially violated the law in its review of a proposal by Central Hudson Gas & Electric Corp. to build a natural gas regulator station on Washington Avenue at Janet Street.
Valeria Gheorghiu told the Planning Board during its meeting Monday that she represents a group called the Uptown Kingston Community Alliance, which has standing to sue the city “for adverse impacts to their members, particularly those who are residents adjacent” to the vacant property at 245 Washington Ave. Gheorghiu read from and largely summarized a 12-page letter she had submitted on behalf of the community group.
“After reviewing the Central Hudson application, as well as the public comments and conversations with members of UKCA (Uptown Kingston Community Alliance), I find several potential violations of law in your processes,” Gheorghiu wrote. “These potential claims include failure to take a ‘hard look’ under the state Environmental Quality Review Act, failure to notify potentially involved parties, failure to comply with Kingston zoning law in accordance with the comprehensive plan and failure to comply with New York Open Meetings law.”
She added that the Environmental Protection and Community Right to Know Act also might require the Planning Board and other agencies to disclose hazardous substances involved in the proposal and prepare community emergency response plans.
“Given these potential and actual violations, UKCA hereby demands that you reopen the public comment period; complete Parts II and III of the Environmental Assessment Form; notify potentially involved parties; demand the applicant disclose alternative sites reviewed and include UKCA in any further meetings with the applicant or its attorneys; demand the applicant disclose the quantities of and kinds of chemicals in the natural gas to be regulated, stored and emitted on site; and demand the applicant conduct a full environmental impact study prior to any determinations on the special use permit, covering such effects as community character and loss of property values,” Gheorghiu wrote.
She said the UKCA otherwise will pursue available legal remedies, including suing the city.
Gheorghiu spoke during the public-comment portion of the Planning Board meeting. The board does not respond during the period, but Chairman Wayne Platte Jr. said the letter would be part of the official record for the regulator proposal.
On Tuesday, Kingston Assistant Corporation Counsel Mary Lou Christiana said the Planning Board has been reviewing Central Hudson’s proposal properly.
“I did not hear anything of concern in her presentation,” Christiana said, adding that she would review Gheorghiu’s letter.
Further discussion of Central Hudson’s proposal was tabled during Monday’s meeting at the utility’s request. An attorney for Central Hudson previously sent a letter to the city Planning Office asking for the matter to be adjourned until the December meeting.
City resident Felipa Gaudet, an outspoken critic of the proposal, presented the Planning Board with a petition on Monday requesting Central Hudson’s request be denied. The petition was signed by several city residents, but also by people who live in other communities. There also two signatures from people who live in foreign countries.
Central Hudson is proposing the new regulating station to replace an existing underground facility on nearby Emerson Street that was built in 1930. The new station would consist of two lines that come out of the ground and go through equipment intended to balance the pressure of natural gas running to approximately 5,100 customers.
Neighbors of the Washington Avenue property have expressed concerns that include how the station would affect property values in the neighborhood and whether there would be any environmental or health impacts to the area and its residents.
In October, the Planning Board postponed voting on Central Hudson’s request while possible alternate locations were explored.