Kingston HLPC denies hardship appeal for proposed window replacements at 106–122 Green Street

The Historic Landmarks Preservation Commission (HLPC) of the City of Kingston on May 1, 2025, voted to deny a hardship appeal by the local chapter of the Daughters of the American Revolution seeking to replace all windows at 106–122 Green Street, finding the claimed hardship was "self‑inflicted" and that the applicant failed to meet the zoning code's four statutory hardship criteria.

The denial preserves the commission's earlier certificate-of-appropriateness (COA) decision that refused permission to replace the historic windows; the resolution states that denial will remain in effect for one year. The resolution also says the commission supplemented the applicant's submission with documentary evidence, including a 2023 affidavit and prior meeting records.

Ethan Dickerman, the commission's historic preservation administrator, described the appeal process to the commission, saying the code allows a denied COA applicant to bring a hardship appeal back to the HLPC and, if the commission denies the hardship, the applicant can then seek relief from the zoning board of appeals and ultimately the courts. "The code follows a different process here where once the COA is denied, the applicant can file a hardship appeal back to the HLPC," Dickerman said during the meeting.

Commissioners focused heavily on the first statutory criterion — that a hardship "shall not be self‑inflicted." Several commissioners noted that the applicant had engaged in work and purchased windows before receiving required reviews and approvals. Commissioner Eric Mitchell characterized the situation as "very much self‑inflicted," pointing to prior meetings in which restoration options had been discussed and to the applicant's decision to purchase modern windows before securing approvals.

The resolution cites a December 20, 2023, affidavit by Karen Davis indicating the organization received a restoration quote in 2021 ranging from $60,000 to $75,000 and then purchased modern windows for about $60,000 without HLPC approval in March 2022. The HLPC's written findings list multiple grant and funding opportunities that, the commission said, were available to reduce restoration costs, including a DAR preservation grant (maximum $10,000), Preservation League of New York State grants (roughly $10,000–$40,000), and a New York State program that covers 50% of qualifying project costs.

Commissioners concluded the applicant did not provide records or documentation required by section 405.26( l ).12 (as cited in the resolution) to prove criteria 2–4 (reasonable return, adaptability for other uses, and efforts to find a purchaser interested in preserving the property). The HLPC's resolution states: "The HLPC finds that the alleged hardship is self‑inflicted by willful actions and lack of willful traffic with the NSDAR and that the applicant failed to establish any of the criteria required to prove the existence of a hardship." The resolution denies the hardship application and leaves the April 3, 2025, COA denial in effect for one year.

The applicant for the hardship appeal was represented by James Bacon, Esquire, whose amended submissions and correspondence are cited repeatedly in the commission materials. The resolution lists communications and application dates submitted by the applicant and staff responses; it also notes some documents were redacted by the applicant prior to submission.

No new permit was issued during the meeting. The commission's action resolves the immediate administrative appeal; the resolution notes the applicant retains the right to pursue the next procedural steps described in the zoning code and state procedures.

Details recorded in the HLPC resolution and meeting packet include the timeline of communications, the quoted purchase/restoration prices, and citations to the zoning code and SEQR guidance used by staff and commissioners to frame their decision.

The HLPC did not order remedial work or award funds; the decision limited itself to the hardship appeal and maintained the COA denial as written in the resolution.