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eNEWS 2003
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DECEMBER 19, 2003

TO:  All KNGG Members

PLEASE RETURN YOUR END-YEAR ENVELOPE AS SOON AS POSSIBLE. Be sure to rejoin KNGG for 2004. Your contribution is tax deductible as allowed by law. We need your help to continue in our mission. Please be as generous as possible.

JOHN FELT SAYS GOOD-BYE - TO SERVE ON 9/11 FLIGHT 93 ADVISORY COMMITTEE

John Felt served only one year as an Alternate Member of the Town Planning Board, (The normal term being 2 years.) Thursday night’s meeting was his last. John said good-bye to fellow members with a short speech. He explained that his nephew’s widow and brother are active in creating a memorial to those who died when flight 93 crashed in Pennsylvania on September 11, 2001. John’s nephew was among the passengers on that flight which was brought down by terrorism.

John has been asked to serve on “The Flight 93 Advisory Committee.” The committee will set up a global design competition for the memorial. John has resigned because he believes he will not have the time needed to serve the board.

Mary Ellen Hearn requested that the Planning Board make a special resolution thanking John for his time on the board and for the extra efforts he has given in community service.

John Felt is a retired town planner who has moved here from downstate. Ed Simonsen, Chairman, related how John, as a volunteer, had worked long hours on the updating and revision of the Kinderhook Town Code. He actually created the index.

KNGG would like to thank John for all the help he has given the community in various ways. We wish John good luck on his new mission and we are confident that he will do well.

PLANNING BOARD DISCUSSES SITE PLAN REVIEW AND DFEIS

At Thursday night’s Town Planning Board Meeting the time frame for Widewaters’ site plan review and the DFEIS (Draft Final Environmental Impact Statement) was discussed. Although no exact time frame was agreed upon, it was decided to make a decision after studying the site plan review and the DFEIS at the Planning Board’s January meeting as to when the simultaneous Public Hearing for the site plan review and the DFEIS could be held.

Marc Gerstman, special attorney of the Planning Board was not present. Kathleen Martin of his law firm sat in for him.

It was advised that Jim Green, the Town’s Engineering Consultant, would be away from January 17, 2004 until February 17, 2004. Ed Simonsen indicated that this put the Town at a disadvantage. Marco Marzocchi, Widewaters representative objected that the Town should use this as an excuse to delay the process. He said that Jim Green is employed by a engineering firm and surely they could appoint a substitute in Jim’s absence.

Marco claimed the Planning Board should be able to have a public hearing on the site plan review and DFEIS in January. Jerry Minot-Scheuerman and Richard Anderson both objected because they have had the DFEIS only one week to study and they were handed the site plan review for the first time that night. Marco answered, “Identical reduced site plans are included the (D)FEIS. And besides you’ve had them for a week.” Mary Ellen Hern objected, “I can’t work with those reduced plans with tiny writing. We need the full sized plan to work with.” Even Mike Leiser exclaimed, “It’s too premature (for a hearing).”

Marco was reminded by Jerry Minot-Scheureman that he advised the board that he would bring the site plan review to the board in October. Here it is December and the board is seeing it for the first time.

In a vote of seven to zero the Planning Board resolved to meet with their engineering council at their January meeting and would then determine when to have the hearing. The board felt they needed time to see that both the DFEIS and site plan review were complete before taking them to a hearing.

Marco objected. John Felt asked Marco if the height of the lamp posts were indicated on the site plan. Marco said, “Yes, 30 feet.” John Felt exclaimed, “But we told you several times we wanted much lower poles, in the neighborhood of 20 feet and more of them. I suggest, Marco, that if you want the cooperation of this board, you present what is asked for.”

The site plan review and the DFEIS are being examined along with each other.

The hearing for both could be conducted in the same hearing or separately. It is important to understand that the DFEIS, although “received,” has not been “accepted” by the Planning Board. The material that Widewaters put into the DFEIS will be used by the Planning Board to make up the FEIS which is actually the Planning Board’s own document. If the board doesn’t like it, it goes back as many times as necessary till Widewaters gets it right.

PLANNING BOARD MEMBERS MET WITH DOT

Before the Planning Board had a chance to address the subject, Marco was on his feet questioning why he could not get the FOILed documents he requested. This refers to personal notes of the various people at the meeting. Ed Simonsen told him that there was some legal question as to why he couldn’t have copies of the requested documents. Once this is determined Marco could have them if it was so resolved.

Marco went on to accuse the Planning Board secretary, Barbara Beaucage, of not advising him in her acknowledgement of his FOIL request of the date the documents would available. “How could I, I didn’t know then and I don’t know now. It hasn’t been resolved.” In her defense, Ed Simonsen told Marco that she should not be acknowledging FOIL requests. They should be going to the Town Clerk, Kimberly Pinkowski. In the future Marco should address all FOIL requests to her.

Ed Simonsen related that Jerry Minot-Scheureman and he met with DOT members Howard McCullough and Rich Schell about three weeks ago at Jim Green’s office in Latham. Also present at the meeting were Jim Green, Town Engineer, Shelly Johnson, Town Traffic Engineer and Marc Gerstman, special Town attorney.

Ed also said the DOT claimed that a roundabout at the questioned intersection is viable and “could work.”

Provisions sighted by the DOT that need to be looked at included:

1.)“ The region” (DOT Poughkeepsie) did not follow all of DOT’s policies by involving (DOT) “Central” (Latham) on a proposed roundabout project.

2. ) The Dot representatives at the meeting feel a roundabout is a valid option and could work but the did not have the facts nor could they comment on any of the other options than the existing signalized intersection.

3.) There are significant problems with the roundabout complying with federal ADA (Disabled) standards.

4.) The DOT did not have enough information to comment on the potential impacts of the roundabout on nearby intersections such as Maple Lane South and US9 or Keegan Road and NY 9H.

5.) The maximum speed through the roundabout and ramps would be 15 to 20 mph. Reducing speed is the key as to how a roundabout works safely. Signage and enforcement are the only tools to reducing to reducing traffic speed from 55 mph. From north and south of the site.

6.) The DOT believes there exists comparable sites in NY (They cited one which had only 4 legs.) with functioning roundabouts in close proximity of a school.

7.) The ideal design would be to move the roundabout 15 to 20 feet to the east, thus making it round rather than oval.

8.) DOT members were not able to answer questions about snow removal.

Town engineer Shelly Johnson’s question about the longevity capacity of the roundabout was not answered. Ed Simonsen said, “They (DOT) said that the capacity wouldn’t be much greater than today.” (KNGG wants to know if the DOT are referring to next year or ten years later or 20 years later.)

Jerry Minot-Scheureman concluded that the roundabout experts at the DOT have a written policy which is, “bring in the expert early.”



DECEMBER 16, 2003
 
NEW LOCATION FOR MEETING RE LaFARGE CEMENT'S TIRE BURNING
In our last bulletin, we advised that LaFarge Cement in Ravena has submitted papers
to the DEC for permission to burn tires as a fuel.  Ravena is across the river from
Stuyvesant. We in Kinderhook have lovely views of the Catskills from our back windows. 
That's how close we are!                
 
An organizational meeting for people wishing to take an active part in the tire burning
prevention has been planned for Saturday morning in Stuyvesant at 11:00 AM.  This is
being coordinated by Friends of Hudson and Stuyvesant Neighbors.  Since Kinderhook
is so close and would most likely suffer any fallout, KNGG members have been asked to attend. Your president, Allen Schaefer, will be there.   
             
This meeting is planned for those who wish to take an active part in helping prevent tire
burning. In order to accommodate more people, the location mentioned in the last bulletin
has been changed.  However, because space is limited, it will be necessary to reserve in
advance no later than noon Friday. You can reserve at this KNGG@berk.com e-mail address.  Please include the name of each person wishing to attend and your telephone number. 
Once done, we will e-mail the address and directions to you.
 


DECEMBER 15, 2003
TO:  ALL KNGG MEMBERS
FROM:  Allen Schaefer
            
 
CEMENT PLANT OPPOSITE STUYVESANT PLANS TO BURN TIRES
Are you AWARE of LaFarge Cement's plan to BURN TIRES AS FUEL?
The plant is in Ravena due west of Stuyvesant, just accross the river. 
Exactly what does this mean for Kinderhook?  We are directly west of Stuyvesant.
What does not fall on Stuyvesant, is bound to fall on Kinderhook.
 
The LaFarge Cement Plant has filed papers with the DEC to burn tires as a "beneficial use." This
is a dangerous prescedent that could change all our lives, not to mention our health and property values. Friends of Hudson have FOILed the DEC papers to see what they could learn.
 
Sam Pratt (Friends of Hudson) went to an informational meeting at the LaFarge plant held about a month ago. Residents of Stuyvesant want to learn what their options are, and what they should do to get into the decision-making fold. Sam Pratt and several of the residents are holding an organizational meeting this coming Saturday, Dec. 20th at 11:00 AM at the home of Walter Matthews, 1234 Route 9J, Stuyvesant.
 
This ill advised situation will have a direct effect on Kinderhook and as responsible citizens, we need to get involved to see what our options are as well.  We have been invited to attend this organizational meeting and get involved.  Anyone wishing to attend  is welcome to do so.


DECEMBER 13, 2003
TO:  ALL KNGG MEMBERS
     
WIDEWATERS SUBMITS FEIS
Town Hall, Niverville, December 11, 2003     
The first draft of Widewaters' FEIS (Final Environmental Impact Statement) for Widewaters Commons was submitted to the Kinderhook Town Planning Board at their Thursday night Workshop Meeting. 
 
This document, which is about as thick as a Manhattan phone directory and a half, should contain the DEIS and revisions, the SDEIS and revisions and all the missing information from the DEIS and SDEIS.  It should also include written public comments, spoken public comments and answers to them from the Planning Board as well as transcripts of the Public Hearings. The FEIS, although written and submitted to the Planning Board by Widewaters, will eventually become the Planning Board's own document reflecting the Planning Board's feelings which will be submitted to the DEC. (Department of Environmental Conservation)          
 
The Planning Board has 30 days to examine the document and pass it back to Widewaters for corrections and revisions, etc.  The clock is running for KNGG as well and during this period, KNGG will need to work very hard to examine every word and report on all the flaws we find.  For this reason we will need traffic engineers and hydrologists on board with us.  It's off to work we go!
 
AND THE ENVELOPE PLEASE!
This past Wednesday evening, members of KNGG worked at stuffing envelopes for a mailing that went out Thursday morning.  The envelopes contain an appeal from myself and the KNGG Board of Directors.
 
As you can see, from the above item, we are at a very crucial time in our battle with Widewaters.  We need your support now, more than ever.  We ask you to renew your KNGG Membership for 2004 and please contribute as generously as possible so we can get through this FEIS examination with flying colors. 
 
We made this easy for you! Within the envelope is a simple form to fill out along with an envelope already addressed to KNGG.  All you need to do is fill in the form. Write a check. Put them in the envelope. Seal it. Put a stamp on it and drop it in the mail. It's so simple to help KNGG. 
 
Yours sincerely,
Allen Schaefer, President
 
P. S. Your contribution to KNGG is tax deductible as allowed by law.
 
CODE ENFORCEMENT OFFICER RESIGNS
Walt Simonsmeier, Town of Kinderhook Code Enforcement Officer resigned with effect from December 1, 2003. Walt ran against Doug McGivney, Supervisor in the last election, November 4, 2003, and lost.  For more details, see today's Independent.


DECEMBER 10, 2003
TO:  ALL KNGG MEMBERS
 
ANNUAL MEETING HELD MONDAY NIGHT
KNGG President, Allen Schaefer, opened the meeting by introducing the Members of the Board of Directors.
Schaefer thanked all those who sent letters to the Planning Board about Widewaters' unacceptable big box architecture.  He thanked all those that spoke at the recent ZBA hearing on Widewaters' request for a variance for their flat roof.  He thanked those who wrote letters to the ZBA regarding Widewaters' unacceptable roof design.
 
Schaefer reminded the membership that the ZBA Hearing is still "open" and for this reason the ZBA is still accepting letters of comment.  He appealed, "Please write. It is important that we don't let Widewaters Commons set a precedent for Kinderhook architecture."
 
Schaefer continued, "Many thanks to architects Kate Johns, Marilyn Kaplan, Al Knoll and planning consultant, Norman Mintz for their written comments to the Planning Board about Widewaters' elevations. 
 
I wish to extend a special thanks to Marilyn Kaplan for speaking up at the ZBA Hearing against Widewaters' big box architecture and flat roof design and to Alvin Knoll for the drawings he submitted to the ZBA proving that a traditional roof could be built on the Widewaters' footprint without having to go up eight stories as Widewaters claims."
 
"I thank all the wonderful community minded people who participated by speaking up against the murky fog being created in  Kinderhook by Widewaters."
 
LELAND ON BOARD AS SECRETARY       
Deirdre Leland, retired Ichabod Crane School teacher, and recently appointed columnist for the Chatham Courier was nominated for the position of secretary on the Executive Committee. The Executive Committee consists of the President, Treasurer and Secretary. President Schaefer commented, "I've known Deirdre Leland since we formed KNGG.  She is motivated and reliable and will be a great asset to the Executive Committee, the Board and the organization."
 
At the same time, Mark Litteken, Treasurer and Allen Schaefer, President made known their desire to serve another one year term.  Nominations were solicited from the membership.  There were none.  The Executive Committee of Schaefer, Litteken and Leland were elected by the membership. The members of the Executive Committee automatically become members of the Board of Directors.
 
For a complete list of the board members and advisory board members, visit www.kngg.org . Go to ABOUT KNGG and click on "Who Are We?"
 
BAKER BRIEFING
Jeff Baker spoke to the membership about recent happenings at the Planning Board and the ZBA.
Most important is that "Widewaters is NOT a done deal in Kinderhook."   They need site plan approval by the Planning Board.  The Planning Board should not feel obligated to approve the plan in fear of being sued because it is most unusual for a judge to go against a specialized municipal body so long as it is felt the body had done its investigation and has sufficient reason. The Planning Board has enough reason to turn this project down.
 
Baker, in answering questions from the membership, spoke of the requirement of bonds for the developer of up front fees to cover possible future needs such as enlargement of the roundabout, replacement of landscaping, etc. 
 
As the site plan review begins, the next  review for completeness will be the FEIS (Final Environmental Impact Statement).  This document must be perfect and reflect the Planning Board's own judgement.  The Planning Board can reject this document as often as needed until Widewaters gets it right.
 
Time was spent on possibility of Widewaters applying for a tax break and the necessity of their signing a document to the effect that they won't.  Baker said that it is feasible that Widewaters could be paying only 1/2 their taxes in it's first year and that the taxes would increase by 5% yearly till they are paying their full share.  This must be avoided.
 
Baker mentioned the openings on the Planning Board and the ZBA.  He emphasized the we as members of the community who have an interest in how it looks should put in for these openings.  "You cannot be turned down simply because you are a member of KNGG.  You are a member of the community and have a right to your opinion.  However, you would be expected to look at each situation with an open mind and give fair judgment."
 
Board member, Meg Moran spoke of her experiences on the Planning Board and how enlightening they were.  She also urged people to become active in community work.  Communities don't just happen.  They need to be worked for.
 
ROD BLACKBURN EXPLAINS PROPOSED PRESERVATION LAW
Historian, author and resident, Rod Blackburn, explained the new proposed Historic Preservation Law for the Historic District of the Village of Kinderhook and how it would differ from the previous law. Rod and his team have been working at this law every month for the past ten years.
 
At the recent Village Trustees' Hearing on the new law, most of the residents present were in favor of it and the letters read that night favored the law ten to one. The trustees vote is not certain.  Rod asked every village resident to write Mayor Jim Dunham and the Board of Trustees and let them know your position.
 
One more hearing is being scheduled and it is possible that the trustees will vote on this shortly.  It's important to get your letters in as soon as possible.
 
KNGG supports the spirit and importance of the new zoning code. 
As soon as we know the date of the new hearing, we'll let you know.
 
BAKER COMMENDED BY GROUP FOR OUTSTANDING WORK
Immediately following Rod Blackburn's speech, Allen Schaefer brought out Rod's  recent book, "Dutch Colonial Homes in America."  Asking Rod to sign it, he then presented the book to Jeff Baker in gratitude and appreciation of his outstanding work for KNGG.  Schaefer related how, through Jeff's work, his speaking at the hearings, board meetings and the professional documents he submitted that the organization gained the respect of local officials and many of the residents. Thank you again, Jeff Baker. 
 
NORMAN MINTZ DEMONSTRATES WITH SLIDES
Norman Mintz, college instructor, consultant and pioneer of the Main Street movement, and co-author of the book Cities Back From The Edge: New Life For Downtown is a member of the Trustees Council of the Preservation League of New York State and serves on the board of The New York State Main Street Alliance. Mintz has been a pioneering advocate in the revival of downtown Hudson and the restoration of the Hudson Opera House.  He resides in Claverack, Columbia County.

Working with slides, Mintz demonstrated how the main street revitalization movement can work on Routes 9 and 9H to keep it from becoming another East Greenbush. The presentation was enlightening, especially the way he managed to tie it in with what KNGG is doing in Kinderhook.

"Redefining Main Street," an article by Norman Mintz, can be seen on the KNGG Web site www.kngg.org  Go to GOOD GROWTH and click on "Articles."

BUT IT'S NOT ON THE AGENDA!

As Schaefer was asking for a motion to adjourn the meeting, Board Member, Meg Moran, spoke up thanking him for his work and dedication to KNGG.  Representing the Board of Directors, Ally Spivy presented Schaefer with a signed copy of the book, "Home from Nowhere" by James Howard Kunstler. One couldn't help but see that he was moved. 



DECEMBER 5, 2003
MORE ABOUT OUR MONDAY NIGHT'S SPEAKERS  
Norman Mintz is a college instructor, consultant and pioneer of the Main Street movement, and  is co-author of the book Cities Back From The Edge: New Life For Downtown. He is a member of the Trustees Council of the Preservation League of New York State and also serves on the board of The New York State Main Street Alliance. He is a consultant for Public Spaces and to the Bryant Park Redevelopment Corporation. Mr. Mintz has been a pioneering advocate in the revival of downtown Hudson and the restoration of the Hudson Opera House.  He resides in Claverack, Columbia County.

"Redefining Main Street," an article by Norman Mintz, can be seen on the KNGG Website www.kngg.org  Go to GOOD GROWTH and click on Articles.

Roderic Blackburn has been a Kinderhook resident since 1967, Mr. Blackburn participated in the writing of Kinderhook’s Comprehensive Plan and the rewriting of Kinderhook Village's historic zoning law. He is a past president of the Columbia County Historical Society and assistant director of the Albany Institute of History and Art. Rod Blackburn is the author of several books on historical Columbia County and the Dutch influence in New York. He maintains art and antique galleries in Kinderhook and Hudson. His latest book, “Dutch Colonial Homes in America,” was published by Rizzoli.

Jeff Baker is an environmental attorney practicing with the law firm of Young Sommer, LLC., Albany.  Besides KNGG, Jeff represents Friends of Hudson who have been fighting to protect Greenport, Hudson, Catskill, The Hudson Valley, Columbia County and all lands east and north east of Hudson from the pollutants and snowball effects of the proposed  St. Lawrence Cement plant.  Monday night Jeff will update us on Widewaters, the Planning Board and the ZBA.
 
ALSO on the AGENDA:
Annual Election of Officers and Board of Directors
A Brief Business Meeting
A Reception after the Meeting
 
ALL at the KNGG ANNUAL MEETING - MONDAY DECEMBER 8TH - 7:30 PM
The McNary Center at St. Paul's Church, 6 Sylvester Street, Village of Kinderhook  
Your contribution works hard for KNGG and it's tax DEDUCTIBLE AS ALLOWED BY LAW.


DECEMBER 1, 2003
TO:  ALL KNGG MEMBERS
FROM:  Allen Schaefer
       
 
SPECIAL GUESTS TO SPEAK AT KNGG ANNUAL MEETING MONDAY DEC 8th             
Roderic Blackburn, KNGG Advisor, historian and author of the recent Rizzoli publication,   
"Dutch Colonial Homes in America," will give a brief summary of local preservation and KNGG'S role in it. (Three Kinderhook homes are featured)
 
Norman Mintz is co-author of the book "Cities Back from the Edge: New Life for Down Town."      Mr. Mintz has traveled throughout the USA to observe case studies similar to Widewaters.  The      essence of his book and lectures is the bringing of life back to Main Street.  Mr. Mintz will         show his slides to demonstrate his 30 min. lecture.
 
Jeff Baker, KNGG attorney, will  brief us on what's happening on the legal front and will
take questions from the membership.
 
ALSO on the AGENDA:
A short business meeting.
Election of officers.
After meeting Reception
 
Please join us.  KNGG meetings are not only informative, they're fun!
The KNGG Annual Meeting - Monday December 8th - 7:30 PM
at the McNary Center, St Paul's Church, 6 Sylvester Street, Village of Kinderhook
Sylvester Street is off Hudson Street just next to Kinderhook Memorial Library
 
NEWS FROM THE TOWN ZBA
For organizational reasons, the January meeting of the Town ZBA has been cancelled.
Only  four members were at tonight's meeting, three of which were alternates.
 
Both the ZBA and the Planning Board are in need of members.  If you are interested,
please send a resume to the Town Board, P O Box P, Niverville NY 12130.  We believe there are openings for three plus a chairman on the ZBA.


DECEMBER 1, 2003
 
KNGG ANNUAL MEMBERSHIP MEETING

ELECTION and RECEPTION

Monday - December 8th - 7:30 PM 

SPECIAL SPEAKERS:  Jeff Baker, Environmental Attorney

Norman Mintz, Author and Environmental Consultant

The McNary Center - St Paul's Church - 6 Sylvester St. - Village of Kinderhook

PLEASE DON'T FORGET TO PUT KNGG
ON YOUR CHRISTMAS LIST!
Your contribution to KNGG is tax deductible as allowed by law.
 
LATEST on ROUNDABOUT:
LAW ON CROSSWALKS GETS LITTLE RECOGNITION  

(Register-Star October 10, 2003) By Taitia Shelow

CHATHAM - Have you stopped for a pedestrian in a crosswalk lately?  If the answer is no, you're not alone.  But you also have broken the law.

Since January 19, 2003, (the) New York state vehicle and traffic law has required that motorists "yield the right-of-way to a pedestrian walking in any part of a crosswalk in the same roadway, when a traffic signal is not present or not operating."  Close to half of the 50 states in the United States have such laws, according to the New York governor's office.  Local motorists traveling over the border into Massachusetts are well aware of the state's similar law.

The New York Legislature passed this amendment to the previous crosswalk in July 2002, but it didn't take effect until earlier this year.  The previous law only required motorists to yield the right-of-way when a pedestrian was on the same half of the roadway, or close enough on the opposite half to be in danger.

The state Department of Motor Vehicles (DMV) made every effort to publicize the change, said Joseph Picchi, DMV spokesman.  They issued press releases to the media, put inserts in mailings like registration renewals, and ran public service announcements on television.  They also notified police departments of the change, he said.

"The word is out.  Sometimes not everyone is going to get the word, especially with a law whose scope is so narrow," said Peter Graves, a spokesman with state DOT.

But despite the state's efforts to publicize the revision, most residents seem unaware of the change.  In Chatham Village, where Main Street sees a lot pedestrian traffic in its unsignaled crosswalks, cars continue to whiz by pedestrians.

Chatham Village Police Chief Kevin Boehme said his department is still giving out warnings as opposed to tickets for violations of the new crosswalk law.  He, too believes most motorists are unaware of the change.

"I don't think there was a lot put out as far as public awareness," he said.

On a recent Friday afternoon, a high-traffic time for both pedestrians and cars, approximately two-thirds of the traffic on Main Street drove through a crosswalk without even slowing.  However, at least three drivers stopped even when this reporter stood firmly on the sidewalk.  And when Chatham resident Jane Wood and her son Matt accepted a request to cross a few times as an experiment, one car stopped to let them pass while several others zoomed by.

Whether those who stopped knew the law or were simply being courteous, however, is  unknown.  No pedestrians approached by the Courier last week were aware of the law change.

Chatham resident Mike Holden said he was aware of the law change, having seen the publicity service announcement on TV.  But he went to his computer and looked it up on the Internet for confirmation recently when he was passed by a Chatham Village Police car while standing in the crosswalk.  The police car did not stop, he said.  Holden thinks it would be helpful to have signs announcing the law at crosswalks, like in Massachusetts towns.

The topic of crosswalk signs has come up in the past few months at Chatham Village Board meetings.  Village Trustees have wondered aloud whether they are responsible for putting up such signs.  The main drags through Chatham Village are all state-maintained roads.

DOT spokesman Graves said the crosswalk law does not require signs.  They are available, however, if towns wish to purchase them at a cost of about $100-$150 a piece, he said.

"It's not that we 're trying not to support anyone here...communities have discretion whether or not to place signs," Graves said.

But Village Trustee Lael Locke, who has been researching the issue for Chatham Village believes it's just another example of state bureaucracy in action.

"They pass laws and don't provide communities any way to implement them," Locke said.

Locke added that she, too, would like to see signs put up, and feels it's unfair to ticket people if the law is largely unknown. "I do think people need to know there's a law in effect," she said.

KNGG has reprinted the above article because we do not believe Widewaters' claims that traffic will come to a halt at the roundabout crosswalks for pedestrians where drivers would be concentrating on merging into or out of the circle, especially in the peak hours.  We sincerely believe this unsignalized roundabout should not be installed at a busy school intersection.  This is one reason why KNGG is asking the Board of Education to take a stronger stand on student and staff safety and against the location of the proposed Widewaters' site.

FOR MORE INFORMATION ON THIS ISSUE, VISIT www.kngg.org  GO TO "WIDEWATERS COMMONS" click on "School District"



NOVEMBER 25, 2003

TO:  All KNGG Members

VILLAGE of KINDERHOOK PUBLIC HEARING on NEW HISTORIC PRESERVATION LAW and COMMISSION was held Tuesday night, November 25th, at the McNary Center in the Village.  Jim Dunham conducted the hearing. Village Trustees Richard Phillips, Ruth Piwonka, Mike Urbatis and Cliff Wexler, were also present.  Trustee, Ruth Piwonka gave an overview of the law and answered questions from the public.  
 
About 10 people in all spoke; about 8 in favor and two with questions.  Mayor Dunham read 10 letters that were received into the record.  Out of 10 letters, only one was not in favor of the new
Historic Preservation Law and Commission.
 
The mayor explained that the Village Planning Board did not have time to review the law prior to Tuesday's hearing.  For this reason, the hearing has been declared "open."  This means that letters of comment from the public are still being accepted.  The Planning Board is expected to discuss the law at its December meeting.  The Village Board of Trustees will discuss it further at their December meeting.  Another public hearing will be scheduled at that time for approximately the 6th or 8th of January and the Board will vote on it at its January meeting.

 
Please save the date:
Monday - December 8th - 7:30 PM - The McNary Center
KNGG ANNUAL MEETING, ELECTION and RECEPTION - Special Guest Speakers!
 
Your contribution to KNGG is helpful and tax deductible as allowed by law.

NOVEMBER 24, 2003
 
VILLAGE of KINDERHOOK HEARING for a PROPOSED HISTORIC PRESERVATION LAW
PUBLIC HEARING
For residents of the Historic District and for those interested in the Historic Village of Kinderhook
Tuesday - November 25th - 7:30 PM at the McNary Center, Sylvester St., Village of Kinderhook

Below is a plea from historian Roderick Blackburn asking you to attend the Village hearing. 
 
This hearing is your opportunity to comment upon the proposed new Historic Preservation Law before the Village Board decides on adopting it. If adopted it will replace the existing zoning code having to do with historic review of alterations or changes to the exterior of houses in the historic district.
 
Rod Blackburn has asked that anyone who is unable to attend this hearing to please send your comments about the new Historic Preservation Law to him via e-mail. He will print and give them to the Village Clerk and see that they are recorded as part of the record of the hearing.
The e-mail address is blackburn@berk.com
*  *  *
KNGG needs you to write letters to the press regarding Widewaters  BIG BOX architecture.

the ZBA DECLARED PUBLIC HEARING STILL "OPEN !"

COMMENTS on WIDEWATERS ROOF PITCH VARIANCE

are still being accepted!

Write TODAY to Kinderhook Town ZBA, P O Box P,  Niverville NY 12130

The Chatham Courier: courier@localnet.com The Independent: letters@indenews.com

The Register-Star: editorial@registerstar.com

Widewaters wants a flat roof.  The code says "NO."

We must support the code.  Otherwise precedence dictates that the next devotes wanting to put up "big box" flat roof structures will be allowed a variance also. Tell the ZBA this variance must be turned down to save Kinderhook's Route 9/9H Corridor from becoming an avenue of big boxes.  It must be turned down to save the Town's rural traditional character.

For details of ZBA Hearing, November 17th check www.kngg.org Click on "eNEWS"

More Details on Architecture - See "Widewaters SDEIS" click on "Architecture"

NOT SURE ABOUT ARCHITECTURE?

Write to the press about the roundabout or water pollution or school bus safety or parking lot run off drain water or increase in traffic or loss of local businesses or air pollution or increase of traffic on local streets or light pollution or over-scale buildings or unsafe location or pedestrian crossings or loss of our country town character to suburbia

WE MUST KEEP THESE ISSUES ALIVE!  PLEASE WRITE!

* * * 

Your contribution to KNGG is tax deductible as allowed by law.
Please help KNGG to help Kinderhook!
 
SAVE THE DATE . . .
Monday December 8th - 7:30 PM - McNary Center at St Paul's - Village of Kinderhook
The KNGG Annual Membership Meeting, Election and Reception


VILLAGE of KINDERHOOK HEARING for a PROPOSED HISTORIC PRESERVATION LAW
PUBLIC HEARING
For residents of the Historic District and for those interested in the Historic Village of Kinderhook
Tuesday - November 25th - 7:30 PM at the McNary Center, Sylvester St., Village of Kinderhook

Below is a plea from historian Roderick Blackburn asking you to attend the Village hearing.  He
also includes a summary of the new Historic Preservation Law.
 
This hearing is your opportunity to comment upon the proposed new Historic Preservation law before the Village Board decides on adopting it. If adopted it will replace the existing zoning code having to do with historic review of alterations or changes to the exterior of houses in the historic district.
    
How do the two differ and why the need for a new law? The need for the change has resulted from some inadequacies in the present law. The existing 1972 law's  guidelines are too broad, that is, vague, and are sometimes difficult to apply to particular situations.

The Planning Board has had charge of these reviews and has, in the view of myself and others, not had adequate guidelines or experience to insure that all reviews result in the letter and/or spirit of the code being
enforced. Some changes to buildings have been allowed which are not consistent with the village goal of preserving its historic heritage.

These inadequacies are dealt with in the proposed new law by establishing reviews by a Historic Commission consisting of villagers who are knowledgeable about historic preservation. The new law is much clearer about the criteria for evaluating applications, criteria which will be based on sound principals of historic preservation. Applications for alterations or changes will receive more careful review. The Commission will have more detailed guidelines which will help both the applicant and the Commission understand and help each other reach decisions which are more consistent with preserving the historic buildings of the village .

If there are significant changes in how applications are reviewed, how does the new ordinance differ from the present one in what gets reviewed? Not much.
 
The current law requires review of alterations or changes on the exterior part of a building which is visible from the public way, usually the front and two sides (or 4 sides if viewable from another street). The proposed law will require review of all exterior parts of a building regardless if viewable from a public way. This reflects the current preservation philosophy that historic buildings are what should be preserved, not just the public's view of them. It also reflects concern that adjacent neighbors have a right to be protected from inappropriate changes on a neighbor's house which would certainly be obvious from their own adjacent lots. Secondly, the current law prohibits demolition of buildings older than 1850, the proposed law would handle this on a case by case review of the multiple issues involved in each case.

I have heard it asserted that the new law would prohibit an owner from  doing what he wants in his own back yard (pools, walkways, garden  ornaments, etc). The proposed ordinance will review only buildings or 
structures which are "historic", that is, 50 years old or older, for  changes or alterations which are consistent with its style and  construction. Even though the proposed law is more carefully drawn than the old one, it leaves a lot of latitude for what a resident can do on his property. The committee which drafted the proposed law did consider  the idea of reviewing exterior house paint colors if an owner wished to change them from what existed. This was not recommended because of the complexity of administration, especially if 3 or 4 colors were to be combined on one house. The Commission, however, can be of advisory assistance to residents who would like to ask about appropriate historic  colors.

It is important that you, as a concerned resident of the village (and  especially if one of the 100 home owners in the historic district),  attend this meeting and voice your opinion of the proposed new law (sending a letter to Mayor James Dunham is also useful). The drafting committee has worked on this new ordinance for over 10 years. We have met monthly for most of that period. Do give them the consideration of your  thoughts on how well it meets the needs of this, the  loveliest of historic villages in the Hudson Valley.


NOVEMBER 20, 2003
 
AT the PLANNING BOARD MEETING NOVEMBER 20, 2003       
WIDEWATERS Late Thursday afternoon Marco Marzocchi of Widewaters advised Planning Board Chairman, Ed Simonsen, to remove Widewaters from the agenda.  They would have no representation at the meeting.
 
KNGG President Allen Schaefer presented the Planning Board with copies of Al Knoll's letter and drawings presented Monday to the ZBA.  Ed Simonsen was most grateful.  The letter and the drawings prove that Widewaters building 4/4a can be built with a traditional look within the code and that there is no need to build it eight stories as Widewaters claimed was necessary.
 
A TOWN ARCHITECTURAL REVIEW BOARD In a letter to Supervisor Doug McGivney, Al Knoll suggested that an architectural review board be created to assist the ZBA and the Planning Board.  Supervisor McGivney requested advise from both boards.  The ZBA voted in favor.  The Planning Board believing it to be a good idea, felt it premature and voted 7 to 0 to turn it down suggesting the alternative of an architectural consultant being made available to both boards in the way that various engineers and environmental specialists are.
 
QUAIL RUN SUBDIVISION  Approval of the Quail Run Subdivision was rescinded by a vote of 7 to 0 due to the failure of the developer, Marcel St. Onge, to provide the Town with the agreed bond to cover the road construction.
 
SPRAWL and SUBURBIA REPLACE UPSTATE'S GREEN ACRES This article can be found on the KNGG website - www.kngg.org - Go to "Good Growth" and click on "Articles."
 
KNGG needs operational funds.  Won't you help?
Your contribution to KNGG is tax deductible as allowed by law.
 
IN TODAY'S INDEPENDENT Thank you Robert Baksa for your views on Widewaters' proposed architecture.
 
WE THANK THOSE WHO HAVE WRITTEN TO THE PLANNING BOARD and ZBA regarding Widewaters' architecture.  The public is not aware of this controversy.  Please send or e-mail copies of your letters to the Chatham Courier, courier@localnet.com - The Independent, letters@indenews.com - and the Register-Star, editorial@registerstar.com

TAKE ACTION TODAY:
New online form lets you send a fax about the St. Lawrence Cement plant to Gov. Pataki
Please take a moment today to visit the following address, at which you can fill out an online form
that sends a fax to Governor Pataki about the massive, coal-fired St. Lawrence Cement proposal:
http://www.stoptheplant.com

The site was created by the Hudson Valley Preservation Coalition in conjunction with Environmental Advocates. Friends of Hudson has donated the domain name for the site. You can use the form letter at the site, or personalize the message, depending on how much time you want to spend. But please add your voice to this growing campaign to let the Governor know how large the opposition to SLC has grown.

For more information, see the Friends of Hudson website.
http://www.friendsofhudson.org


ONE PICTURE IS A THOUSAND WORDS
November 17, 2003 - Widewaters' hearing for a variance of a flat roof
GO TO "ARTICLE 78" Click on "Background."


PLANNING BOARD MEETS
THURSDAY - November 20th - 7:00 PM - Town Hall, Niverville
Widewaters General Council Marco Marzocchi has announced that he plans to present the Planning Board with the Final Environmental Impact Statement (FEIS) Thursday night.
 
KNGG does not know how this can be possible because Widewaters is nowhere finished mitigating several issues on this project including water pollution, water hook-up to Valatie's water supply, light pollution, noise pollution, soil percolution rates, the roundabout, issues of the school district that have been brought to light because of KNGG's Kelly Piester's advising the Board of Education of her concerns.  Widewaters is a long way off from satifying KNGG.
 
It must be remembered and understood, especially by the Planning Board, that the FEIS is their document that is to be submitted by the Planning Board in their name to the DEC (Department of Environmental Conservation) and that it is their obligation to the residents to Kinderhook to show that no issue has been left uninvestigated, unanswered or neglected in any matter, way or form; that this project is safe in every possible way, including the roundabout, water pollution, traffic, town character, preservation of historic sites and numerous other important items.
 
There is no possible way that Widewaters could have satisfied all these unanswered concerns at this time.  Thursday night will be most interesting theatre if nothing else.

NOVEMBER 25, 2003
KNGG NEEDS YOUR HELP . . .    
MONDAY - NOVEMBER  17th - 7:00 PM - Town Hall, Niverville      
Please attend the ZBA Public Hearing for Widewaters roof pitch.    
We are not asking for you to speak, unless you want to.  We ask only that you be there to
support our efforts. 
 
If you can write a letter to pass to the ZBA Monday night, it would be of great help. For help:
Please see www.kngg.org  - click on "Schedules" under "Other Meetings & Events" or under   "Current Issues," click on "E-NEWS"  or under "Comments on Widewaters" click on "Architecture." 
 
KNGG  NEEDS  YOUR  HELP . . .    
KNGG needs people to serve on the Board of Directors. 
The time frame is January 2004 till January  2005.  
It is important that we fill these three vacancies. 
Please let  us know if you are interested or if you wish to
nominate someone that is.  Please call or e-mail.

NOVEMBER 14, 2003
OF SPECIAL NOTICE
I would like to thank those of you that took time to come out to the meeting last night.  You are noticed.  For a few of the members that are usually at these meetings but not in attendance last night, your attendance at these meetings has been valuable and we thank you also.
 
PLANNING BOARD TO WIDEWATERS, "NO!"   
At approximately 8:30 PM last night, the Planning Board, by a special motion, turned their Workshop into a regular meeting.  At a Workshop, no decisions or determinations can be made.  At a regular meeting, they can.   
 
The ZBA had asked the Planning Board for a recommendation on Widewaters' application for a variance on roof pitch of their big box buildings 4/4a for which the Public Hearing is Monday, November 17th.  Widewaters had sent Planning Board members copies of affidavits from Marzocchi and Widewaters' architect explaining why they believe the variance is necessary.  Inclusive in the packet are elevation drawings of three examples of how the project would look the way Widewaters interprets the Town Code.  All three examples show eight story buildings.
 
Marco Marzocchi was snowed in at his office in DeWitt, NY.  Widewaters was represented by John Hogan of LeBouf, Lamb. 
 
In a discussion of the Planning Board members  before a vote was taken, Ed Simonsen, Planning Board Chairman, said, "The Town Code is not appropriate for a supermarket."
 
Don Gaylord said that the facade is acceptable.  "I recommend the variance be accepted."      
Charlie Shattenkirk asked Gaylord, "by what standard? We should ask for the Reinbeck plans. Reinbeck meets all standards. They stuck to their guns.  Why can't we?"
 
Gaylord gave no reply.
 
Jerry Minot-Scheuerman stated that even in the new plans with an eight story roof, the Hannaford gable is still high and obstructive.  We should be given options that are upscale and viable.  They have given us an exaggeration.
 
Tim Ooms said, "Change it. It's not acceptable"  
 
Richard Anderson stated, "The  options given are not viable."  
 
Ed Simonsen said, "Widewaters tried to disguise the flat roof."     
 
Marc Gerstman, Planning Board attorney said that the board could  choose to recommend approval, recommend disapproval or go with no recommendation which would be interpreted as recommended.
 
Don Gaylord made a motion to recommend the variance. 
 
John Hoggan, Widewaters attorney, tried to interject opinion but was told by the chair that it would be inappropriate as there is a motion on the table.
 
Mike Leiser seconded.
The vote:
Ed Simonsen, NO.
Tim Ooms, YES.
Richard Anderson, NO.
Jerry Minot-Scheuerman, NO.
Charlie Shattenkirk, NO.
Mike Leiser, YES.
Don Gaylord, YES.
 
It's interesting that Tim Ooms found the drawings unacceptable but voted in favor of the recommendation.
 
Another motion was made and seconded to deny recommendation of the variance.  The vote was
4 to 3 deny the variance.
The vote:
Ed Simonsen, YES
Richard Anderson, YES
Mike Leiser, NO
Don Gaylord, NO
Tim Ooms, NO
Jerry Minot-Scheuerman, Yes
Charles Shattenkirk, YES
 
A discussion followed regarding Widewaters lack of interest in addressing unanswered concerns.  Correspondence from the school district - "Heavy comments," says Charlie Shattenkirk referring to the 2/14/03  letter written by Superintendent of Schools, Darlene Jewel, regarding traffic.  Charlie, a former civil engineer, suggested that the questions are so well put, that they must have been written by a traffic engineer. Several board members expressed dismay that Widewaters had not replied to these question and others such as the water problems addressed by KNGG in the DEIS comments and by the Columbia County Dept. of Health.
 
Marc Gerstman stated, "Widewaters IS required to respond."
 
Richard Andersen stated that the concerns of the school district are most important as addressed in Darlene Jewel's letter of 2/11/03.
 
Charlie Shattenkirk brought up the water problems that haven't been addressed: 
1.  A letter from the Columbia County Dept. of Health asking Widewaters for proof in writing from Valatie why Widewaters could not hook to the Valatie water supply.  This was requested in February of 2002 and has not been addressed by the developer.
2.  Pollutants in storm water run off.
3.  Relationship of the placement to the well so close to the septic system.
4.  Whole site plan could change depending of possible relocation of septic system.
5.  Roundabout needs more room.  Not enough space allotted.
 
Attorney John Hoggan argued that because Widewaters did not offer other alternate drawings that the Planning Board felt were more viable, was not legally correct to disapprove the recommendation.
 
Gerstman was right on top of it saying that the decision certainly fell within the "legal framework" since the evaluation of alternatives was not available.
 
Ed Simonsen stated that Marco claims he will present the FEIS (Final Environmental Impact Statement) at next weeks Planning Board Meeting.
 
KNGG does not see how this possible when there are so many issues not addressed as stated above.
 
LETTERS
Thank you Frank Rhyner for the great letter and all your research on roundabouts which was   published in Thursday's Register-Star.
 
Letters for the opposition are beginning to appear again.  There are still some people out there that don't realize that these over scale buildings are not suitable for Kinderhook and the dangers that Widewaters will cause at the intersection.  It's most important to keep writing letters to the editor.
 
MONDAY - NOVEMBER 17th - 7:00 PM - TOWN HALL - NIVERVILLE
Widewaters wants to "legally" break our code! (They want a variance.)
COME TO TOWN HALL AND ROOT FOR KNGG AND KINDERHOOK'S FUTURE LOOK!
Your contribution to KNGG is tax deductible to the extent of the law. Won't you give today?
You can locate this bulletin and many other KNGG interests on the web at www.kngg.org
You can NOW access KNGG through AOL, berk.com, Google and Yahoo. Come visit us soon! 


NOVEMBER 12, 2003
 
KNGG IS NOW WORLD CLASS!
You can find KNGG NOW ON GOOGLE and YAHOO as well as berk.com !!!
 
INFORMATION TO HELP FORM YOUR SPEECH OR WRITTEN COMMENTS FOR ZBA   
One of the ways Widewaters is not conforming to the code is the ROOF PITCH on buildings 4/4A.  Widewaters has acknowledged this and is asking the ZBA for a varience on ROOF PITCH.

The Kinderhook "New" Town Code requires that:

Buildings should relate in scale. Design features should relate to the site and surrounding architecture.  All commercial architecture is to be based on pre-1940 design of the "area." (The "area" as described by Planning Board Chairman, Ed Simonsen, includes the Towns of Kinderhook and Chatham.) 

No Mansard or flat top roofs. A particular roof pitch is required to the buildings so they reproduce architecture of pre-1940s Kinderhook.

As an example of what could be done with the proposed Hannaford building, take a look the Red Hook Hannaford. There are no glass walls or skylight peaks visible from the parking area and no overstated architectural signature either.  While the roof gable does exist, it is designed to blend in with the local area's architecture.  

The Kinderhook Hannaford building is signature architecture with a flat top roof.

The building next to Hannaford has mansard roofing and both buildings are in violation of the code.

Widewaters knows this. Why are they trying to force this poorly designed architecture on Kinderhook? Because it’s cheaper than following the code.

Although Widewaters claims they cannot build to the code, KNGG believes that either their architects  lack imagination and  understanding of gables and dormers or Widewaters has instructed them to be unresponsive to our concerns for their economic reasons.

KNGG believes that if a developer is unwilling to follow our town code and to invest in good architecture and site design, the developer should not be allowed to force his choice of mansard roofs and flat top roofs on Kinderhook. He should be told to return to the drawing boards and return to us only when his drawings are in complete compliance with our Comprehensive Plan and the "New" Town Code. 

The ZBA should turn this variance down.

THIS IS A TEST! This is the first major project of this magnitude to be built under the "New" Code. Other developers are watching. If the project is allowed to be built as now proposed, other developers --- including Widewaters --- will expect the same treatment from the Planning Board in the future and the Route 9/9H Corridor will become an avenue of "big boxes,"  another East Greenbush.

This project is emense for this rural town.  It will be overpowering and dominate the own. Kinderhook should not be expected to lower its standards and change its Town character for the gains of any developer. Kinderhook deserves better.  Kinderhook can have better if the ZBA require this developer to strictly comply with the code as it was intended.



*  *  *

 S L C  HEARINGS  COMMENCE

The adjudicatory hearings will focus on noise impacts and truck traffic.

The  hearings on TRAFFIC to be Nov. 12, 13, and 14.

The hearings on NOISE to be Nov. 19, 20 and 21 and if needed, Nov. 24, 25 and 26.

The hearings begin each morning at 9:00 AM at the Greenport Town Hall.

Information: www.friendsofhudson.com

Your contribution to KNGG is tax deductible to the extent of the law.



NOVEMBER 7, 2003
ZBA CHAIRMAN RESIGNS
Tonight's ZBA meeting was relatively quiet.  No Widewaters!  However Widewaters did get most of all documents into the ZBA in time for examination prior the Public Hearing set for November 17th.
 
Just before the meeting adjourned at 8:20 PM, John Piddock, Chairperson, announced his resignation to be effective in January.  It was also mentioned that there will be 4 openings on the ZBA.  Volunteers are needed.
We need thinking people on that board.  If you are interested, call the Town Clerk, Kim Pinkowski, at 784-2233.
 
In addition, a nursery wants to take over 156 Fordham Rd., which is zoned "agriculture/residential."  They want to be considered "agricultural."  However a nursery is a retail commercial venture and should be considered "commercial."  KNGG believes that this commercial establishment should not be allowed to diminish the agricultural/residential neighborhood.  Whether one is selling plants or clothing, it's still a commercial enterprise.
 
The ZBA is being asked to make a determination on how to classify "nursery."
 
ZBA PUBLIC HEARING ON WIDEWATERS' FLAT ROOF
Widewaters is claiming "hardship" and wants a variance to put a flat roof on the Hannaford building and  its adjacent building as well.  They managed to get most of their documentation to the ZBA by today's deadline.
 
The Public Hearing is now officially set for November 17th - Town Hall, Niverville 7:00 PM.
We will need your support on this one.  We need to fill that hall with our people.  You don't have to speak.
Just support our speakers.  You are most welcome to speak if you wish.
 
BOARD OF ED RECEPTION . . . COOL
We attended the Board of Education meeting Tuesday night with KNGG member and proud mother of two lovely children, Kelly Piester.  So far, Kelly has been the only parent that has shown up at the Board of Education meetings to speak of her concerns about her children's safety although a few other mothers did show up to give support.
 
The board offers the public a time to speak. According to the printed agenda, there are suppose to be no comments by board members about what the speaker says and the speaker is expected not to engage the board in any conversation.  In other words, don't question the board.  KNGG believes this is not an open forum and that parents are not encouraged to speak. 
 
Kelly spoke well.  She was polite and showed respect for the board and concern for her children's safety with regard to the roundabout and the proposed mall's luring of students after school.  She mentioned that we have learned a lot more recently about safety issues and suggested the board reopen their dialogue with the Planning Board and pursue this important issue further.
 
Surprisingly to me, after having read the agenda instructions, Edmond Brooks, President of the Board, commented, in a most condescending tone, that the board had written two times on this issue to the Planning Board and considered its job fulfilled.
 
The Board of Education, in Widewaters' pursuit of their application process, is considered by the State Environmental Quality Review Act (SEQRA) law to be an "interested agency."  KNGG is an "interested party."  The Planning Board is the "lead agency" because they will ultimately make the final determination.  SEQRA, in their hand book, describes an interested agency as "a public body which does not have jurisdiction over a project, but wishes to participate in the process because of its expertise or specific concern." 
 
KNGG believes that the Board of Education, as an "interested agency," has a responsibility here which has not been fulfilled. The board is an expert in children's safety and should have serious concerns in this matter. Any parent in this school district has the right, not only to a detailed explanation but to ask that the board's dialogue with the Planning Board be reopened.
 
KNGG believes that the board should make a public statement about where it stands on this issue because we assess this mall to be dangerous.  It will bring heavier traffic, a roundabout which has no traffic lights to safely let students cross, and a continuous flow of traffic making it most difficult and dangerous for the school busses to gear up to merge into the traffic, not to mention problems that are reported to occur with children at malls after school.
 
Furthermore, KNGG strongly believes that the morning rush hour at this intersection is the heaviest of all.  Everyone is commuting to work on these roads at approximately the same hour.  This is the hour when school busses are coming and going to and from the school.  Yet Widewaters has failed to provide a morning midweek rush hour traffic count/analysis.  They have provided it for the afternoon rush hour, after which the school busses have returned to their garages for the night.
 
In addition, having read the federal guidelines for roundabouts, we see that roundabouts are considered safe only when the entrances are of equal distances apart.  The closer the entrances get to each other, the more dangerous they become.  Route 9 and 9H will merge at this roundabout.  It couldn't get much more dangerous.


NOVEMBER 5, 2003
 
HOW WAS WIDEWATERS INVOLVED IN THIS ELECTION?
WHY?       
We have observed at Planning Board meetings, Public Hearings, and the Ken Wenglers' "Circus" Town Board Meeting, that Ken Wengler has been too chummy with Marco Marzocchi, Chief Counsel for Widewaters. We noted that Ken Wengler and Mary Kramarchyk sat with Marco at the October 15, 2002 Public Hearing on the DEIS. Throughout the meeting they sat in the back laughing while the residents of Kinderhook took the hearing seriously and spoke in earnest.   Obviously none of them had any interest in what the voters had to say.
 
We began to wonder even more where the money was coming from to pay for calls coming into the community disguised as survey calls but were doing nothing but trying to pass out false information against McGivney, Vecellio and Gilbert. How was the Republican "team" able to pay thousands of dollars for expensive TV commercials and  the flood of red campaign signs?
 
In an article in today's Register-Star, Joe Prout and John Mason (We are not sure which reporter was at Republican Headquarters awaiting election returns.) reported, "Widewaters representative Marco Marzocchi called the Kinderhook Republican Headquarters seeking election results, but called before the votes were tallied.  The company hopes to build a shopping center in the town."
 
Why are the results so important to Widewaters that they couldn't wait till the media got the news out?  Just how much did Widewaters have invested in this election?  There are a lot of questions that need answering here, questions the residents of Kinderhook have a right  to ask and get  answered. 
 
We do have one answer, though. 
If this election was meant to be a referendum on Widewaters, Widewaters lost.


NOVEMBER 5, 2003
MORE NUMBERS NOW IN ON KINDERHOOK ELECTION  
Late last night it was reported to KNGG that Ken Wengler was a winner for council.  Evidentially more numbers are in and it is now reported that Keith Stack is the winner instead of Wengler.
 
Today's election results come from The Independent at www.indenews.com .
However, even the Independent is reporting the numbers as "unofficial."
 
Here are the numbers for Kinderhook:
Candidates are listed in order of the amount of votes received.
The winners are shown in light blue.  We are not sure when the numbers will be official.
McGivney had a good margin over Simonsmeier and that position looks stable.
 
SUPERVISOR:
Doug McGivney (Democrat & Working Families Parties)
1665
Walt Simonsmeier (Republican, Conservative, Independent)
1328      
 
TOWN COUNCIL:
Keith Stack (Republican, Conservative)
1596
Francis  Vecellio (Democrat, Independent, Working Families)
1554
Ken Wengler (Republican, Conservative)
1422
Joe Gilbert (Democrat, Working Families)
1347
 
TOWN CLERK:    
Kim Penkowski - (Democrat) unopposed
2138         
 
TOWN JUSTICE:   
Edward "Archie" Williams - (Democrat) unopposed
2418
 
TOWN TAX COLLECTOR:
Lillian Roginski - (Republican) unopposed
1864
 
STOPPING SPRAWL FOCUS OF WORKSHOP
By: Richard Roth
POUGHKEEPSIE--Smart Growth, defined by the Encarta World English Dictionary as "economic growth that consciously seeks to avoid wastefulness and damage to the environment and communities," is the subject of a conference in Poughkeepsie on Saturday, November 15.
Also seen on the web - for full story, see indenews.com


NOVEMBER 3, 2003
TO:  ALL KNGG MEMBERS
                             
      On     TUESDAY - NOV. 4th
 
       Please VOTE for GOOD GROWTH !     

NOVEMBER 1, 2003
 
The ELECTION and KNGG
The outcome of Tuesday's election will determine not only what the future Kinderhook will look
like but how our quality of life will be effected.  The issue for KNGG is not just the small rural town's character versus suburban sprawl, but whether or not additional traffic congestion on 9/9H will drastically increase causing air pollution from idling cars and trucks.  Simonsmeier is already calling Routes 9/9H Kinderhook's  "BUSINESS" CORRIDOR. That's scary!
 
If you believe GOOD GROWTH is important, and I'm sure you do, please get to the polls this Tuesday, November 4th.
 
KNGG would like to see officials elected who will promote GOOD GROWTH. 
Who could that be?
 
KNGG has weighed what the candidates have done and what they tell us.
Walt Simonsmeier, Ken Wengler and Keith Stack are strongly in favor of the Widewaters project as it now stands, roundabout and all.  They will prpbably misinterpret  the Comprehensive Plan to suit their agenda, as Widewaters had in their DEIS and SDEIS. At Planning Board meetings and Public Hearings we see Ken Wengler consorting with Marco Marzocchi and other Widewaters associates.  Not good.
 
The Town Board should remain neutral and not show partiality.  Ken Wengler should not be seen prompting Marco at Planning Board meetings as to what drawings to be show. The Widewaters project should not be made a political issue. The determination on the Widewaters project will be made by the Town Planning Board, not by the Town Board.  Political pressure should not be put on the Planning Board as Ken Wengler and Mary Kramarchyk have tried.
 
Walt, Keith and Ken would most likely misinterpret our Comprehensive Plan and Zoning Code to promote business they want to see in the 9/9H "BUSINESS" Corridor. (As Walt refers to it.)
 
Doug McGivney and Joe Gilbert would like a smaller Widewaters with NO roundabout and preferably in a much safer location.
 
Frances Vecellio supports Widewaters but NO roundabout. Although Frances supports the Widewaters proposal, I sincerely believe he could be trusted to support the Town Code and Comprehensive Plan. 
 
Doug McGivney,  Francis Vecellio and Joe Gilbert will support the Comprehensive Plan and Zoning Code in the way it was intended. Not only will they support these plans, but I believe if there should be any amendments, they would be GOOD GROWTH amendments.  Doug McGivney has promoted and been involved in open space land conservation in Kinderhook and saved much land for farming and the Town Park.
 
Doug McGivney and Francis Vecellio have been endorsed by The Register-Star.
 
In the last election, McGivney won by very few votes (7?).  It's important for all of us to get out and vote this Tuesday, November 4th.  Vote for GOOD GROWTH!
 
For more details, please see the October 15th edition of KNGG eNEWS which has a report on
The League of Woman's Voters Debate featuring our local candidates at North Pointe. 
 
You can access past eNEWS
by visitng www.kngg.org .  Under "Current Issues," click on
E-NEWS - Move down to the October 15, 2003 bulletin.
 
A BUSY WEEK AHEAD:
Monday - November 3rd - Town Planning Board - Niverville
Public Written Comment Period CLOSES on Widewaters' architectural drawings.
 
Monday - November 3rd - 7:30 PM - Palmer Engine House -
Chatham Street. (Route 9)                         
VILLAGE OF KINDERHOOK ZBA PUBLIC HEARING ON THE DUTCH INN
 
TUESDAY NOVEMBER 4th - ELECTION DAY!
Please go to the polls and vote for GOOD GROWTH!
 
Tuesday - November 4th - 7:00 PM - Ichabod Crane Middle School Library
Concerned parents to address the Board of Education on Widewaters' safety issues
We invite you come to the meeting and support the speakers.
Information: Kelly Piester - 758-1415


OCTOBER 30, 2003
We want to help you write a critical letter about Widewaters Commons' architecture
and why it is not appropriate for Kinderhook and/or how it is not conforming to code.
 
Sounds difficult?  We've got just the help for you! 
 
We have just created a page on our web site loaded with information to
help you with just this task.
 
It's all there!  Even the paragraphs from the Town Code that will help you to
back up what you are saying in your letter is on he web site.
 
To take a look, go to the AOL server or to www.berk.com  .