Appellate Court rejects City appeal on Durkee St. development

PLATTSBURGH | The proposed Prime Plattsburgh development project on the Durkee Street parking lot hit another roadblock Thursday. On Aug. 17, the Appellate Division of the Third Judicial Department issued its ruling, rejecting part of the City of Plattsburgh's appeal on a February 2022 Supreme Court decision that invalidated city-issued building permits. The proposed Durkee Lot Mixed-Use Development was designed as the centerpiece of the city's $10 million Downtown Revitalization Initiative (DRI). The developers garnered $4.3 million to offset what was to be an $18 million project. The mixed-use building would create 109 apartments and 13,400 square feet of commercial space on the Durkee Street public parking lot. SPLIT DECISION The decision by the five-judge Appellate Court was not unanimous. "The Appellate Division's split decision reversed a portion of the lower court's decision but upheld a different portion - overall negating previously obtained project approvals," city planners said in a news release. "The five-judge panel unanimously reversed the lower court and confirmed that the City's SEQRA review of the DLMUD's impact on the Common Loon was appropriate," they said. "But in a 3-to-2 split decision, three Appellate Judges determined that the project's soil management plan was insufficient, whereas two Appellate Judges determined the plan complied with the legal requirements prescribed by SEQRA. "The Appellate Division's Decision ultimately annuls all (Durkee Lot development) permits absent an appeal to the Court of Appeals, which is the highest Court in New York State." Mayor Christopher Rosenquest said the Appellate decision was predicated on concerns over the project's plan for managing potentially contaminated soil, which opponents claim is present throughout the construction site. "Ironically, construction of the Saranac Riverwalk on that same site has been ongoing for over three months and included significant soil excavation at depths similar to those proposed by the Durkee Street development. To date, not one shovelful of contaminated soil has been discovered during construction of the Riverwalk, which shows this issue was only used to foment a crisis that served nothing more than to fuel opposition. "Everyone who knows how desperately we need housing should be concerned that this decision and the push to prevent this project may have just cost the City of Plattsburgh and our region enough housing for over 100 families," the mayor said. The mayor said the housing units are much needed for residents and visitors who "would be living in the heart of our downtown; spending dollars at local businesses, attending shows, eating at local restaurants, walking to work, and utilizing services." The series of appeals to higher court began with a lawsuit brought by the Plattsburgh Citizen's Coalition, which raised concerns in 2020 about the project's size and loss of greenspace in the center of Downtown Plattsburgh. "This is a win for everyone who wants sensible development that is appropriate for our city, and which would enhance the Durkee Street Lot for residents and visitors alike," the coalition said in a statement after the court ruling. "The lower court ruled that the City of Plattsburgh and Prime failed to take the required 'hard look' at the public health risk associated with the project given that the Durkee Street parking lot is a NYSDEC (Department of Environmental Conservation) Hazardous Waste Disposal Site which contains contaminated soils that, if excavated, could pose a serious health risk to the community." The Citizens Coalition said the appropriate step would have been for the city to prepare a court-ordered Soil Management Plan for handling any contaminated soil. "The city chose instead to appeal the court's order to protect public health and did so at taxpayers' expense. NEXT STEPS The Citizens Coalition is looking to revert to previous DRI plans. "We remain hopeful that Mayor Rosenquest will live up to his campaign promises of supporting community-led economic development initiatives, and hope that he will return to the community adopted DRI plans developed under Mayor (Jim) Calnon with broad community support, but which were abandoned by Mayor (Colin) Read who chose instead to prioritize Prime over the people." Rosenquest said the city will work closely with Empire State Development, Gov. Kathy Hochul's office and Prime to determine next steps. "Our city has a strong relationship with our state partners and we've been in constant contact with those partners. Everyone is on the same page: We want housing development, we need housing development, and we look forward to seeing what's next for this project and for this site," the mayor said. "Whether the process takes six months or six years, this is not a 'back to the drawing board' situation. My office and the majority of this Council remains committed to realizing the vision of attracting and retaining residents in our downtown, specifically on this underutilized parking lot." The Citizens Coalition said they see opportunity for a fresh start. "As a grass-roots organization, PCC enjoys tremendous support from so many of those who actually live and work here in Plattsburgh. Our goal has always been to work collaboratively and to build consensus on responsible development that will truly benefit Plattsburgh," the group said in the statement. "We look forward to collaborating with Mayor Rosenquest and the city to unite the community in a positive spirit moving forward. We remain cautiously optimistic that the city will seize this opportunity for a fresh start but are also ardently committed to representing the interests of the community at the same time.

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Appellate Court rejects City appeal on Durkee St. development

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