Daily Freeman (Kingston, NY)

City won't appeal ruling on Alms House vote

- By Ariél Zangla azangla@freemanonl­ine.com arielatfre­eman on Twitter

KINGSTON, N.Y. » The city will not appeal a judge’s recent ruling that a simplemajo­rity vote by the Common Council last summer was sufficient to change the zoning of the former Alms House property to allow apartments there, Mayor Steve Noble said Tuesday.

“After conferring with corporatio­n counsel, it is my understand­ing that there is no fitting basis for an appeal,” Noble wrote in an email.

In October 2016, affordable housing agency RUPCO asked the Common Council to rezone the former Alms House property, at 300 Flatbush Ave., from single-family residentia­l to multifamil­y residentia­l to accommodat­e a proposal for dozens of apartments. A few days before the council voted on the rezoning request last July, neighbors of the site submitted petitions challengin­g the proposed change. City officials accepted the petitions as valid, which triggered a requiremen­t that a “supermajor­ity” of at least seven of the council’s nine members vote in favor of the rezoning for it to take effect.

The vote on July 11 was 5-4 in favor of the rezoning, so the measure was declared defeated. About a month later, RUPCO filed a lawsuit against the city, contending the council acted improperly when it accepted the protest petitions as valid.

In a Dec. 19 decision, state Supreme Court Justice Richard Mott ruled in favor of RUPCO, saying the city acted “arbitraril­y and capricious­ly” when it determined the protest petitions were valid and sufficient to meet the threshold for requiring a supermajor­ity vote.

“As we are all now aware, the court has determined that certain defects in the protest petitions render them invalid,” Noble wrote in the email. “... Based on the court’s decision, the simplemajo­rity vote of the council to approve the amendment for a zoning change was sufficient and, in accordance with the court’s decision, the matter will be returned to the Common Council at the January meeting for proceeding­s consistent with the decision.”

The mayor said that means council President James Noble, his uncle, will declare the July vote sufficient for passage. The resolution then will go to the mayor, who said he expects to sign it.

“I anticipate that the project will then go before the [city] Planning Board,” the mayor wrote. “I encourage community members to become involved in this process and voice their opinions.”

The Planning Board must approve RUPCO’s proposal for it to proceed.

RUPCO has proposed buying the former Alms House property from the Ulster County Economic Developmen­t Agency for $950,000 and creating a 66unit apartment project there called Landmark Place. The proposal has raised concern among neighbors, including about the possible impact of the project on the city’s sewer system and the safety of residents in the neighborho­od after Landmark Place is filled.

RUPCO wants to create 34 apartments in the existing vacant Alms House structure and 32 more units in a four-story building it would construct on site. The housing would be open to individual­s 55 and older, and more than half of the units would offer support services to a mix of homeless population­s with special needs.

Constructe­d in the 1870s as a place to care for the city’s poor, the Alms House later was used as a tuberculos­is ward in the 1950s and most recently housed the Ulster County offices.

 ??  ??
 ?? TANIA BARRICKLO — DAILY FREEMAN FILE ?? The former Alms House is at 300 Flabush Ave. in Kingston, N.Y.
TANIA BARRICKLO — DAILY FREEMAN FILE The former Alms House is at 300 Flabush Ave. in Kingston, N.Y.

Newspapers in English

Newspapers from United States