The special-use permit sought by Joseph Sangi for his Chestnut Hill boarding house at 106 Chestnut Street in Kingston was denied by the planning board on Wednesday, January 17.
Sangi has operated the 14-bedroom Victorian mansion as a sober living and recovery facility since he became manager of Tri-Serendipity, the recovery home previously at that location, in 2014. According to the Chestnut Hill website, the recovery house “combines the services of a sober living facility and homeless shelter with the comfort and elegance of an upstate B&B, providing support services for individuals and families in a tranquil Victorian setting.”
Court records present a drastically less tranquil picture. They allege that the fire department provided emergency medical services at the property at least eight times since July 18, 2023, that the Kingston police responded to at least 17 incidents between March and August in 2023, and that multiple unattended deaths occurred at the boarding house while Chestnut Hill’s special-use permit renewal application was in progress.
Chestnut Hill has operated without a permit since February 22, 2023, when the most recent special-use permit expired
The boarding house advertises itself as “a group home which provides a family home … for persons recovering from alcohol addiction.” Court records allege that no local or state government agency has certified Chestnut Hill as a sober living facility or a homeless shelter. Neither has the New York State Office of Addiction Services and Supports certified Chestnut Hill as a substance-abuse treatment provider.
On October 13, the City of Kingston filed a lawsuit against the facility, seeking “a declaratory judgment and permanent injunction of unlawful boarding-house operations within the City of Kingston as well as deceptive public advertising that steers vulnerable customers seeking supportive housing to that dangerous property.”
That effort succeeded in part. The court ordered the facility to make itself available to city inspection as well as to provide a registry of its tenants. Lawyers for Chestnut Hill allege that the effort to withhold the facility’s operating permit is part of a years-long effort to shut the facility down.
A fraught relationship with the facility has been the experience of neighbors as well.
A long history
In the fall of 2014, objections to the facility’s existence played out in a zoning dispute which led to the facility filing an Article 78 proceeding. Chestnut Hill alleged that the facility was “raided” by Kingston police prior to a decision on that case. At a 2015 public hearing, neighbors who lived near to the facility expressed concerns that drug addicts, drunks and ex-convicts would be living on their street.
Enough neighbors spoke these fears into the record that in January 2017 the facility was able to convince a federal court that the animus exhibited by the neighbors was evidence of violations of the Fair Housing and Americans with Disabilities Act. The judge in that case recommended the facility and the city reach a settlement, They did. The uneasy détente continued. The facility remained open.
Since 2019, the facility has been compelled by the planning board to apply annually for a special-use permit to continue operations..
Last February, the process broke down. Sangi was granted an extension to submit the application in April.
At an April public hearing, neighbors again testified as to their dislike of Sangi’s operation. One speaker said that neighbors had found syringes and empty alcohol bottles on their property. Another said that while out walking her dog she had found a hypodermic needle on her lawn.
No permit was granted in April or in May. At a planning board meeting in June, the matter was tabled because Sangi’s attorney was sick.
In July Sangi warned the board that what he saw as a pattern of discrimination and harassment could lead to action by a federal court. Sangi commenced his federal lawsuit in August, alleging that the city’s efforts were “prime examples of government overreach based on discrimination of persons with disabilities, resulting from wealthy neighbors demanding that the city close down the group home.”
Brenda K Sannes, presiding judge at the US District Court for the Northern District of New York, denied Sangi’s request for an injunction in October.
No permit was issued in November or December.
Do what you have to do
Sangi found himself back where he had started in front of the planning board, lawyer Lanny Walter at his side.
“So is there a plan in place since the last permit was denied? I know that this continues to operate unlawfully,” said Wayne Platte of the planning board. “Is there a plan to vacate the property at this time there?”
“The plan is to get a special-use permit, that’s the plan,” answered Walter.
“Because this has been operating illegally from that moment. “
“Yeah, the city brought a lawsuit through the supreme court…”
“So there’s no plan to find alternate housing?”
“Well, I guess that would depend on how judge Schreibman rules.”
“So in fact the answer is no right now?”
“That’s why we’re here now. To get a permit so we’re not operating without a permit,” said Walter. “Listen. We have no illusions here that this board is going to grant the permit. We know what’s going on here. You insult our intelligence for us to think that you’re operating without the intent to close this place down on any old code. Well, do what you have to do. Have the meeting, do what you got to do. And we’ll take it from there.”
A prepared resolution was read. The planning board decided unanimously to reject the special permit for Chestnut Hill.
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