GLOVERSVILLE - A judge has ordered the city Planning Board to issue Kinderhook Development the permit the company needs to move forward with its plan to build a controversial low-income housing development in the Lee Avenue neighborhood.
State Supreme Court Justice Barry D. Kramer ruled last week that in denying Kinderhook the permit it needs, the city Planning Board acted in an "arbitrary and capricious" way. Kinderhook had argued that the Planning Board improperly denied it the permit since its proposed project is in line with city code and zoning laws.
Kinderhook wants to build a 48-unit complex, divided among four two-story buildings on an undeveloped parcel of land in the Lee Avenue and Northern Terrace neighborhood. The project is specifically for low-income residents. The company recently received a multimillion-dollar incentive from the state to help pay for the project.
Neighbors vilified the plan, saying it would destroy the quiet neighborhood of single-family homes and contribute to drainage problems there. Kinderhook responded with studies that showed the project would not exacerbate the water problems.
City Attorney Matthew Trainor said the city can appeal the decision if members of the Common Council want. "We obviously disagree with the finding [of the judge]," he said.
Trainor said Kinderhook's attorneys have offered to revise the plan with the city's help and come up with a more mutually agreeable project. Negotiating may be more prudent than involving the city in a potentially expensive legal battle, Trainor said. All options, including appeal, are still on the table though, he said.
"They seem willing to come to some sort of negotiation," he said. "They are basically reaching out. If we can reach something that everyone is OK with, then why bother with litigation?"
Other city officials seemed unanimous in their hope that negotiations could lead to a more attractive outcome for the city. Many said relocating the project would be preferable.
Mayor Dayton King said he would like to see the company pay user fees to cover the added cost of sending fire, ambulance and police services to the complex. Project leaders are proposing a Payment in Lieu of Taxes agreement for the project.
"I'd like to look at implementing fees on PILOT agreements on these types of properties, to make it fair," he said. "We don't need more housing. We have a huge housing stock here."
King added he would rather see the company take down a number of dilapidated homes and build closer to downtown. Fifth Ward Councilman Jay Zarrelli agreed, saying the downtown area is a better place for the project.
"You have to ask yourself why a company would want to place a project like this in a spot where no one wants it," he said. "I'm sure this project would be more than welcome [closer to the downtown area]."
Zarrelli said he has received many phone calls about the project and not a single person has been in favor of it.
First Ward Councilwoman Robin Wentworth also believes the project would be better suited for another area.
"I don't know what negotiating they are willing to do, but I think there are many other properties in the city that could possibly meet their needs and be beneficial for both the city and for Kinderhook," she said.
Wentworth said she hopes Kinderhook is open to creating more senior-focused housing rather than low-income housing. She said the city has a need for senior housing and that many area seniors do not want to live in the "tower type setting" the city has.
Trainor said the city has 30 days to file a notice of appeal. He said he anticipates filing to keep the city's options open but stressed that the decision to move forward with the appeal is with the Common Council.
Councilman-at-Large James Robinson, 6th Ward Councilwoman Jean Chain and 4th Ward Councilwoman Ellen Anadio did not return calls seeking comment. Kinderhook officials could not be reached for comment.
Kayleigh Karutis covers Gloversville news. She can be reached at gloversville @leaderherald.com.