Kinderhook Neighbors for Good Growth

eNEWS is a news bulletin written specifically for KNGG Members.

The contents of eNEWS are the property of KNGG.
eNEWS may not be copied or reproduced in part or full

without consent of KNGG.

ALL KNGG E-MAIL IS SCANNED BY A NORTON ANTI-VIRUS PROGRAM

Parts of eNEWS Bulletins re: ART78 will now appear under

"ARTICLE 78"

DECEMBER 31, 2004

We regret to inform you that Mark Litteken will relinquish his position as KNGG Treasurer effective January 1, 2005.

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As a founding member of KNGG, Mark’s motivation helped drive the organization in its beginnings. He has put in a tremendous amount of time behind the scenes. In 2 ½ years, Mark never missed a public hearing and missed only one KNGG meeting.

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Mark’s work as treasurer and the extra reports he volunteered to the board have been of great value to KNGG. Mark set up our books in a logical system for this nonprofit organization. There is more to Mark than numbers. Besides having a good comprehension of accounting and computer skills, Mark is an environmentalist at heart and is very concerned about Kinderhook’s future.

Mark has also proven himself to be a professional orator at KNGG meetings and at all the Widewaters’ and Dunkin’ Donuts’ public hearings. Many of his letters to the press and to the Planning Board may be seen on the KNGG web site.

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The Board of Directors will greatly miss Mark Litteken’s valued input. We have been fortunate to have his volunteered services. We all wish Mark the best in the future.

Allen Schaefer, President

And the KNGG Board of Directors

The KNGG Board of Directors would like

to wish you and your family

A HAPPY NEW YEAR!

DECEMBER 22, 2001

THIS CHRISTMAS GIVE THE GIFT of MUSIC

Chamber Music Gala

Music by Robert Baksa

“He can write a beautiful tune, cloak it in a warm accompaniment,

and orchestrate it to perfection.” - The Double Reed Magazine

Hosted by the Composer

THE ARTISTS

Michael Clement, Piano;Yvonne Chavez Hannsbrough, Flute;

Sten Yngvar Isachisen, Guitar; Steven Marking, Baritone;

Vladimir Pleshakov and Elena Winther, Duo Pianists

Sunday Afternoon, January 23, 2005, 3:00 PM

North Pointe Cultural Arts Center

Route US9 (66 Chatham Street) Village of Kinderhook

Gala After the Concert Reception

at Fox Point

The Home of Alexandra & Jock Spivy

To Benefit Kinderhook Neighbors for Good Growth



BENEFACTOR: $150

Priority Concert Seating and Reception

SPONSOR: $100

Concert Seating and Reception

Supporter: $35

Concert Seating

AVOID DISAPPOINTMENT – ORDER EARLY

Please indicate your choice, How many, & mail your check to

KNGG - PO Box 424 - Kinderhook NY 12106

Tickets will be held at the door.

KNGG is a 501 (c) (3) not-for-profit corporation.

Your contribution to KNGG is tax deductible as allowed by law.

Kinderhook Neighbors for Good Growth

www.KNGG.org 518 758-2646 - KNGG@berk.com

NO NEED TO REINVENT WHEEL

Ancram and now Copake and hundreds of communities around the country are waking up to the fact that if they do not take measures now to protect their community from unsightly over development – no one else will. There is no need for Kinderhook to reinvent the wheel. It’s already been done and there are many who’ve been through the experience who would be willing to give a helping hand.

Ancram has implemented a scenic overlay from its southern boarder to its northern boarder with Copake along Route 22. Copake plans something similar to pick up at its southern boarder and run it north to Hillsdale. The idea is spreading. Hopefully, Kinderhook will have its plan in place by this time next year.

There is only one major obstacle – The Kinderhook Town Board has not appropriated funds for the committee to hire a planning expert such as the ones used in East Greenbush, Ancram and Copake. When will they wake up to importance of this issue?

Scenic overlay district unveiled to packed house

By John Mason – Register-Star December 21, 2004

COPAKE -- A standing-room-only crowd of more than 80 heard about plans for preserving the scenic beauty on the eastern edge of town Saturday at Town Hall.

The proposed scenic corridor overlay district is about two miles wide, running west from the Massachusetts border to 1,500 feet west of Route 22, and about eight miles north to south from Copake's border with Hillsdale to its southern border with Ancram.

Although only a small proportion of Copake residents live in this corridor, Strategic Planning Committee Chairman Edgar Masters said, "We believe this will benefit the town as a whole -- it protects its open space and rural character."

Town officials were spurred to action by a threat posed by a gravel mine proposed for the area south of Copake Falls in spring 2003, he said.

In addition, a survey of town property owners revealed support for protecting resources and using zoning to protect open space, Masters said. The survey had an impressive response total of 38 percent of 2,260 surveys sent out, he said.

If adopted, the district would lead to a number of zoning changes in the corridor.

Five types of businesses that are now permitted under certain conditions would be totally prohibited: any extractive operations or soil mining requiring review by the state Department of Environmental Conservation, telecommunications towers, radio and television stations and towers, bus stations and mobile home parks.

Other businesses that are now subject to a special use permit would be "strictly regulated," including hospitals or nursing homes, public utility structures and buildings, recreation uses of mountain land, schools and nursery schools, convenience stores, farm machinery and equipment, motels, theaters and concert halls, animal care businesses, government buildings, clubs, produce stands, summer camps and retreats, gift and antique shops and restaurants.

Many types of businesses that are already prohibited would continue to be prohibited.

Design guidelines were also developed by the committee to protect the visual sightlines of the area within the overlay, Masters said.

General design guidelines for the corridor, applicable to subdivisions and businesses but not to agriculture, would include: preservation of vegetation and topography, mitigation of air pollution from dust, smoke and condensation, buffering using natural vegetation, underground utilities, a 35-foot-height limit and mitigated visual impact for buildings, minimal glare from outdoor lighting, screening of mechanical equipment, loading docks, garbage containers, control of soil erosion and a limit on the footprints of buildings of 7,500 square feet (and more?).

In response to a question, Masters said there is not a no-build zone in the district. When asked whether colors of houses and siding would be regulated, he said the town would want to protect the visual aspect of the area from anything that was “garish or out of place.”

Copake’s proposed scenic corridor district would be the same width as Ancram’s.

Leah Wilcox of Ancram’s Planning Board was on hand to talk about her town’s experience with such a corridor. It took them a year, and several public hearings, she said. “We took what our residents had to say to heart, and modified our proposal.” One change they made was to exempt single-family homes from the restrictions.

Mining was prohibited.

“By prohibiting mining, we’ve taken control out of the hands of the bureaucrats in Albany,” she said. Otherwise it’s DEC that tells you what’s going to happen in the town, not you.”

And she said, they’ve taken the control out of the hands of the wealthy developers.

“Everybody seems to be happy with the scenic corridor,” she said. The only bump worked out well – a Citgo service station sited at Columbia County Route 22 and 3 submitted to modifications that made it acceptable. A bright red roof was changed to earth colors, and a red, orange and blue banner on the canopy was changed to white.

A 500-acre parcel was recently sold for $5 million, a price that wouldn’t have been achieved if there were a gravel mine next door, she said.

One citizen asked Masters whether cutting off commercial development from the corridor would open up the balance of the town to commercial development.

“We aren’t cutting off commercial development for scenic overlay,” Master’s said. “We’re regulating it.” Only five types of businesses are being added to the prohibited uses, he said – the amount of development is not cut off.

“If what this committee is doing had been in place, we wouldn’t have that rubble on 22,” said one man. “So I salute what you’re doing.”

The reaction to the proposal seemed to be positive. No one spoke directly against it, and when Masters asked the audience, “Are we on the right track?” the audible response was “Yes.”

Copake Councilman Carl Ritchie said the committee is “doing a wonderful job. I think the strategic overlay is going to preserve the beauty of Copake for generations to come and we should support it and the committee any way we can. I settled in a beautiful, beautiful place, and it would be a shame not to recognize it.”

Masters said the committee is also considering a proposed zoning change for the town as a whole. Currently, most of the residential portion of the town has three acre zoning. He said the committee is looking at raising that number in some areas of the town and lowering it to one in others.

The Strategic Planning Committee will now fine-tune the proposal for the overlay district, fleshing it out with details. A public hearing for comments on their changes will be conducted February 12. The committee will revise the documents following that hearing, and another public hearing will then be held. Then the proposal will go to the Town Board.

The KNGG Board of Directors wishes you and your family

Happy Holidays.



DECEMBER 17, 2004

OPENINGS ON ZBA, PLANNING BOARD AND CORRIDOR COMMITTEE

Letters are being accepted at Town Hall from those interested in applying for volunteer positions available on these boards. We hope you are interested and will apply because the town needs people on these boards that have no agenda except what is best for the community.

Please send a letter expressing why you’d like to serve and any possible associated experience and your past business experience before the first of the year. Appointees will be announced at the Town Board Meeting on January 10, 2005.

Kinderhook Town Clerk

PO Box P

Niverville NY 12130

Widewaters Cries for Dismissal

     see ARTICLE 78 - Updates (On this site)

DECEMBER 15, 2004

Widewaters' supporter appointed Co-Chair to 9/9H corridor committee

By Joe Prout, Register-Star, Wednesday, December 15, 2004

KINDERHOOK -- One of the newest town Planning Board members now has an
augmented role, being chosen by the Town Board to co-chair the committee
looking into the future of Routes 9 and 9H.

The Town Board on Monday unanimously appointed Bob Cramer to head up the

committee with Joanne Gans.

Cramer was appointed to the Planning Board with Cheryl Gilbert in January,

filling openings left by outgoing members. He was in the public eye a great deal in 2003

as a member of Kinderhook Residents In Support of the Hannaford's Plaza, being

vocal at public hearings related to the Widewaters proposal for a shopping center.

The Widewaters project, proposed at the intersection of Routes 9 and 9H,
highlighted areas of architectural design within the town code that could
benefit from more details. One of the corridor committee's early goals was
to evaluate architectural design and other visual elements, such as
landscaping, for proposals along the two state roads. Some of those topics
have already been reviewed by the Planning Board after Cramer's appointment.

Cramer and (Cheryl) Gilbert had different views on the Widewaters, as Gilbert was
said at the time to be aligned with the views of the Widewaters opposition
group Kinderhook Neighbors for Good Growth. Cramer will chair the committee
with Gans, who reportedly shares views akin to KNGG.

On Monday, the Town Board again supported Cramer. Councilman Francis
Vecellio said he hopes the group will have members with a variety of
viewpoints, and said he believes Cramer will be a good co-chair with Gans.

Councilwoman Mary Kramarchyk spoke positively of Cramer, whom she said is an
imaginative person and a dedicated worker.

During the meeting, Cramer thanked the board for its support. He said he has
reached out to prominent KNGG members in hopes of incorporating their views
in the committee.

Kramarchyk said the decision had little to do with Cramer's past community
activism. "We're not trying to put titles on people," she said, adding that
the Town Board just wants volunteers.

Councilwoman Debbie Johnson then added that Cramer is open-minded and has
good ideas. She said she expects Cramer and other committee members will
look at each topic for its individual merits and detriments.

Town Supervisor Doug McGivney said it's important for a committee like this
to have a self-starting chairman, and he said Cramer will get things going.
Johnson then added that the position also requires a good deal of free time,
and noted that Cramer is retired.

When asked if Cramer's appointment could be seen as a move to make the
corridor study pro-development, McGivney said Cramer's past stances on
community development weren't that much of a factor.

Kramarchyk then added that the study is meant to create a "better
development" guideline, which will aid developers and the Planning Board.

ARTICLE 78 UPDATE

The Widewaters/Town of Kinderhook response to the KNGG filing of November 1st was to request that the case be dismissed. Attorney Jeff Baker's December 3rd response Memorandum of Law In Opposition is on the KNGG website www.kngg.org

On December 6th Widewaters and the Town of Kinderhook filed an Affidavit with the court, once more asking that the case be dismissed. In Response the "Affirmation of Jeffrey S. Baker, Esq.," dated December 7, 2004 in reply to the Affidavit of John Hoggan dated December 6, 2004 was filed. It may be seen on our web site www.kngg.org

December 10: Widewaters' attorney John Hoggan requested "oral argument."

December 13: KNGG attorney Jeff Baker replied agreeing to "oral argument" and requested a court date. To see Baker reply: www.kngg.org.

Once you have reached the KNGG web site, go to ARTICLE 78, move down and click on "The Filing.

DECEMBER 4, 2004



JOINT MEETING WITH PLANNING BOARD & TOWN BOARD HELD

Board members look at conservation subdivisions, code revision procedures (12/01/04)

By Joe Prout - The Register-Star – December 2, 2004

KINDERHOOK -- A push by the Planning Board to update the town's conservation subdivision regulations has the Town Board also looking at ways it could fast track proposed modification to the Town Code.

Both subjects were on a Planning Board wish list for discussion, brought up at a joint board meeting held Wednesday night. The conservation subdivision option is starting to see use from developers and has the Planning Board looking at key details in the law. Throughout the year the Town Board has been looking at Town Code changes, and conservation subdivisions may be one of the next topics tackled.

Proposals for conservation subdivisions with potential housing developments have come forth recently from developers Steve Bean and Anthony Buono. Both proposals had the Planning Board reviewing the previously infrequently used subdivision option to gain a more in-depth understanding of the law.

The discussion Wednesday night started with a call for mandated conservation subdivisions for any residential proposal. Planning Board member Jim Egnasher said he feared residential over-development in Kinderhook. "Our schools, our road, our economy and our water are all threatened by over-development," Egnasher said.

It was noted during the meeting that conservation easements wouldn't necessarily reduce the number of proposed buildable parcels.

The current law basically states that, in order to preserve Kinderhook's open spaces, a subdivision may have numerous parcels that are smaller than what is usually allowed, if the developer also permanently sets aside key farmable areas for future agricultural use. The conserved area must preserve at least 50 percent of the total acreage in a proposed subdivision.

The end result can be a large farmable field situated next to a cluster of houses instead of the same number of houses spread across a parcel with no farmland.

Planning Board members noted that the language in the conservation subdivision law could use tightening. “The developers are trying to work around it,” member Bob Kramer noted.

One noted the flaw is that language in the Town Code does not specifically forbid developers from including normally undevelopable land in the preserved acreage. Developers can lump wetland areas with farmland to meet the 50 percent requirement, and the members said the town’s Comprehensive Plan states that it shouldn’t be included because nothing could be built on wetlands anyway. Without the distinction, less usable farmland is preserved.

While there are noted flaws with this law, similar code changes have been proposed over the summer, which were either recently adopted by the Town Board or have yet to be approved. Members of the Planning Board asked for a manageable way to prevent their proposals for making changes to the Town Code in future.

“There’s no sense of us swamping you,” member Gerry Minot-Scheuerman said, noting if the Planning Board sent too much work it may not get addressed in a timely manner...

Councilman Francis Vecellio said the town could use an outside planning professional to research a law modification ahead of time ...

McGivney noted that money for a professional planner wasn’t in the town’s budget.

Both boards discussed using a limited moratorium during a redesigning of the conservation easement law, which as presented could allow developers to start a proposal under the understanding they may be required to adhere to the law when it is finished. . . .

By the conclusion of meeting, there was no resolution of these issues. The subjects may come up again at the December 13 Town Board meeting.

THE MEETING AS SEEN THRU EYES OF A KNGG MEMBER

I attended the subject meeting tonight. There were some interesting tidbits that came out.

Ed Simonsen (Planning Board Chair) stated that he was interested in having the code reviewed by experts to see if all the requirements were realistic. In order to do this he has sent letters to colleges (RPI) to see if there would be any students willing to work with the board to do this.

First of all I have nothing against RPI students but I believe they need experienced engineers, each disciplined, to get the best job done for our town. This also smacks of possibly watering down the code.

I overheard some words between planning board members indicating that a hip roof on Widewaters was possible but the refrigeration equipment installation was the real problem.

Simonsen praised the unlicensed architect from Widewaters for helping design some buildings that were more attractive than they started out.

Simonsen said that there was standing room only at the public hearing on the development on Garrigan Road. Most of the people had concerns with the visibility for traffic as they exited Garrigan Road onto Route 203. Simonsen stated that he told them they should petition the Town Board. (I don't know what the town board will be able to do. I thought it was the job of the planning board to work these things out before they approved the project.)

Doug McGivney (Town Supervisor) made a snide remark about KNGG. They were discussing having some of the county planning seminars held locally and trying to see how the facility to hold them could be paid for. Someone made the comment, "Maybe KNGG would pay for it since they want all this good planning done." Doug McGivney then responded, "I wouldn't want to accept anything from such a partisan group."

Frank Moses, December 1, 2004

ART 78 - The LATEST

Because of the disregard of proper legal procedures by the Kinderhook Town ZBA in approving the variance for Widewaters, KNGG filed an Article 78 Action against The Town ZBA and Widewaters on November 1^st in NY State Supreme Court, Albany County. We are not just pursuing legal technicalities, but are objecting to a process that was significantly and fundamentally flawed. If the variance is granted, because of precedence, this will forever weaken the architectural design standards of our new zoning code and give developers the chance to put up big box structures without challenge.

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Now, the Town of Kinderhook and Widewaters have asked the Supreme Court to dismiss our Article 78 filing based on the grounds of: 1.) Lack of standing, 2.) Failure to exhaust administrative remedies, 3.) Failure to name a necessary party.

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Jeff Baker: “The respondents’ (TOK and Widewaters) motions have no basis in law and are wholly without merit.”

Attorneys Jeff Baker and Jim Muscato submitted a Memorandum of Law on December 3, 2004 in opposition to The Town and Widewaters’ motion to dismiss the Article 78 action for KNGG.

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Our attorneys believe the Town and Widewaters have no sound basis on which to stand. They are either worried that the case we have is too good and/or they are trying to bleed KNGG, a not-for-profit group, dry of funding for additional legal fees needed because of this dismissal tactic.

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Stay tuned! It could get dirtier, we suppose.

In the meantime, we need money to keep this court case going. Please contribute to save the zoning code.

Contributions to KNGG are tax deductible as allowed by law.

Remember to save 1/23 for KNGG!

DECEMBER 2, 2004

ANNOUNCING OUR GALA EVENT

TO: All KNGG Members

On Sunday, January 23, 2005, Kinderhook Neighbors for Good Growth is holding a special benefit chamber music concert and gala reception, “CHAMBER MUSIC GALA.” The concert will be at North Pointe Cultural Arts Center on Sunday afternoon at 3 pm. This concert offers an unusual opportunity to experience the exceptional talents of musicians who live and work in the Albany and Columbia County region.

Distinguished composer and local Kinderhook resident, Robert Baksa, will present a group of his works. Chamber music has been his main focus for the last three decades. During that time Mr. Baksa has written close to 100 pieces of music for various combinations of instruments as well as solo keyboard music. The Bronx Arts Ensemble, The American Accordion Association, The West Point Concert Band and Harpsichord Unlimited have commissioned his works. His one act opera, “Red Carnations,” was commissioned by Lincoln Center for use by the Metropolitan Opera to perform for students. The Orchestra of St. Luke’s has made the opera a regular part of its repertory and most recently it has been the touring opera for the Santa Fe Opera's 2004 Spring Season.

As an exception to the “modern music rule” Robert Baksa prefers to write melodic music, his favorite composers being Mozart and Handel. Double Reed Magazine said, "He can write a beautiful tune, cloak it in a warm accompaniment, and orchestrate it to perfection."  As one of America’s most prolific composers, Baksa tells us, “I don’t believe that music has to be difficult to understand in order to be good. Traditional harmony is still the best way to communicate with people.”

Mr. Baksa, acting as host for the concert, will introduce his compositions. The program will include his “Aria for Flute (1957) and a new work, “Sonata for Flute and Guitar” (written in 2004) as well as “Three Portraits” (Words by Fenton Johnson), “Sonata No. 1 for Flute and Piano (1976),” and “Spring Games, a Sonata for Piano Four-hands (2002).

Performing these compositions will be pianist Michael Clement, flutist Yvonne Chavez Hannsbrough, and baritone, Steven Marking, with Sten Yngvar Isachsen playing guitar and Vladimir Plesakov and Elena Winther as duo pianists.

A Gala Reception after the concert, hosted by Alexandra and Samuel Spivy will be held at Fox Point, their home on Albany Avenue in Kinderhook.. All proceeds will benefit Kinderhook Neighbors for Good Growth.

Tickets for the concert alone are $35. Sponsor tickets for the concert and the reception are $100 each. Benefactor tickets, which include special priority seating, will cost $150.00.

To place your order, send your check to KNGG with a note indicating the number of places you wish to reserve and at which price. Tickets will be held to be given out at the door on day on the concert.

NOVEMBER 10, 2004
SAVE OUR CODE!

BY SUPPORTING KNGG and ARTICLE 78

McGIVNEY NOMINATES KRISHP LEADER to CHAIR CORRIDOR STUDY

At Monday night’s Town Board meeting Supervisor Doug McGivney tried to appoint Bob Cramer KRISHP (Kinderhook Neighbors in Support of Hannaford Plaza) leader to the new post of Chairman of the Corridor Study Committee. (This is like putting the fox into the hen house!) For a reason unknown to us, the Town Board tabled the appointment.

It now appears as though McGivney wishes to give the corridor away along with our town code. Cramer has no credentials for this post except to push hard campaigning to get Widewaters approved and sit on the Planning Board for nine months as an alternate. (We add that Cramer was asked and has recused himself along with KNGG member Cheryl Gilbert re Widewaters.) It’s beginning to look more and more like Widewaters is getting more than the 19 Acres originally sought.

The US9/NY9H Corridor Study was born at KNGG meetings in September of 2002 when Marilyn Kaplan and Meg Moran presented detailed plans for a corridor study to the members. Some KNGG members attended corridor study seminars in E. Greenbush. The Membership decided that this would be an important step the Town should take and voted unanimously to make the corridor study a KNGG priority. Marilyn Kaplan and Joanne Gans presented a proposal to the Town Board and it was passed, but tabled. The Town tried for a state grant to fund the study but it was turned down.

OPENINGS ON CORRIDOR STUDY COMMITTEE

If you are interested in serving as chair or committee member, please drop a line to Supervisor McGivney and include a brief resume. Send to Town Hall, PO Box P, Niverville NY 12130. Be sure to let us know you did so we can follow up.

NO LONGER a QUESTION of FLAT ROOF vs. HIP ROOF

It is NOW a question of SAVING OUR CODE.

KNGG challenges this ZBA variance determination because of precedence. The ZBA would have to give the same variance to all big box entities in future. This will weaken our zoning code forever. By law, precedence rules on ZBA area variance determinations. The ZBA will be reduced to rubber-stamping variances approvals on architectural design.

HELP US SAVE OUR ZONING CODE!

We need your support in this effort to be sure that our planners carry out the process as set down by law and in a just manner.

We need your support TO SAVE OUR CODE.

To save Kinderhook from additional sprawl, we urge you to contribute to the Article 78 action today.

Your donation to KNGG is tax deductible as allowed by law.

KNGG is a 501(C)(3) not-for-profit corporation.

HELP US SAVE OUR ZONING CODE. . .

PLEASE CONTRIBUTE TODAY!

OCTOBER 27, 2004

TO All Members:

Parking is prohibited on Route 9H from Keegan Rd. North to the US9 Intersection.

This was done because many residents complained tractor-trailers were parked on that stretch making it dangerous and difficult to enter 9H from Old Post Road or from Stewart's and McDonalds.

Trucks have now been seen parking in the center turn lane near Stewart's and McDonalds. This makes for a stronger case against Dunkin' Donuts. None of these facilities are equipped to handle the large trucks, yet are becomming more and more of a truck stop.

If you are passing the area and you see large trucks illegally parked

anywhere on 9H between Keegan Road and the Intersection of US9 . . .

please note exactly where,

the time of day and date you saw this.

Please e-mail this information to us.

It's not necessary to get plate numbers.

We are keeping a tab on the frequency the violations to make our case even stronger.

The following letter letter was sent yesterday to Supervisor McGivney and

Chairman Simonsen of the Town Planning Board.

Via email and Hand Delivery

October 27, 2004

Hon. Douglas McGivney, Supervisor

Ed Simonsen, Chairman Town Planning Board

Members of the Planning Board

Town of Kinderhook

P. O. Box P

Niverville NY 12130

RE: New place for illegal tractor-trailer parking near Stewart’s and McDonald’s

Dear Supervisor McGivney and Chairman Simonsen:

At approximately 11:15 Monday morning, while driving north on NY 9H just prior to the US9 intersection, I noticed that the “No Parking” signs have been replaced by “No Stopping” signs. I believe that “No Standing” signs were asked for because they would be more restrictive. Which would be the more restrictive “No Stopping” or “No Standing?”

I understand the danger posed by trailer trucks parking on this stretch of road causing difficulty entering/exiting McDonald’s and Stewart’s. A similar situation exists on the west side of NY 9H for people exiting Old Post Rd. Today I noticed that the “No Parking” signs on the west side of NY 9H have been removed and not replaced.

On Monday, much to my dismay, I saw two south bound tractor-trailers parked, with their flashing lights on, in the center turn lane near McDonald’s and Stewarts. The drivers could not be seen and it obviously wasn’t an accident or a blown tire. Two drivers had illegally parked their trailer trucks to take advantage of the fast food and/or bank amenities.

This is most likely a police problem and I suggest Supervisor McGivney to ask the local police to keep a closer watch on the area. One truck illegally parked here will give others ideas.

I see no place for these big trucks to park while using the facilities of McDonald’s, Trustco Bank and Stewarts. Like water seeking its level, so will these trucks. We prohibit them from parking on the shoulders and they go to the center turn lane.

Both US9 and NY9H are heavily trafficked by these large trucks. Their drivers find these facilities attractive for a rest stop and will continue to do so. This problem will not go away. It will increase as the traffic will and the police cannot be there at all times.

There seems to have been no foresight by our traffic engineers who advised approval of McDonald’s and Stewarts where parking space is lacking, not only for tractor-trailers, but for automobiles as well.

What disturbs me even more is the proposed Dunkin’ Donuts site next to McDonald’s. As a fast food vendor, they will attract additional truckers. Where will they park their rigs? Illegally in the center turn lane as well? The Dunkin’ Donuts’ parking area, as planned, has hardly enough room for cars, never mind a tractor-trailer or two.

I recently stopped for gas and a donut at the Mobil Station at the NY9H and Route 66 intersection in Ghent. There was a large tractor-trailer unloading goods (many cartons, etc) for Dunkin’ Donuts. It appears that there is no room planned at the proposed Kinderhook facility for tractor-trailer deliveries. Will they be expected to park illegally and so close to the planned roundabout on NY 9H while they unload?

We cannot discriminate against the trucker. Before this gets out of hand and we start getting law suits from truckers and from vendors that may claim we are keeping their customers away, I ask Mr. Simonsen and the Planning Board to please take a good look at the Dunkin’ Donuts situation. The donut shop will have outgrown its parking spaces soon after opening. If approved, more tractor-trailers will park dangerously in the NY9H center turn lane.

We already have a dangerous situation as vehicles try to maneuver in and out of Stewart’s, Trustco and McDonald’s into the north and southbound traffic on NY 9H.

Adding another fast food restaurant to this grouping will only add to the current dangers. And with the reality of the area being used more and more as a truck stop, it would be most advisable for Dunkin’ Donuts to find a more suitable location. To avoid compounding the parking issues for this area, I ask the Planning Board to turn the Dunkin' Donuts' project down.

Sincerely,

Allen Schaefer, President

cc: Jeff Baker

PLEASE KEEP YOU EYE OPEN FOR

ILLEGALLY PARKED TRUCKS ON 9H

Thanks to all who have contributed so far in our current fundraising campaign.

It isn't over yet, so if it slipped your mind, please send in your check today.

Rejoin NOW for 2005!



OCTOBER 25, 2004

ENCOURAGED!

Dear Member:

We are encouraged by the contribution response we are receiving from you for the Article 78 fundraiser and the new membership enrollments that have been attracted to the KNGG Mission. The Board of Directors has voted to go ahead and we have advised our attorney, Jeff Baker at Young Sommer…LLC to proceed with Article 78.

A big THANK YOU to all of you who have given to this just cause so far and to those who are giving time to make it work.

However the amount we received is not enough to complete the action. We still need more contributions to continue. If you forgot to drop your check in to the preaddressed envelope, please do it today. Every check counts. Every check adds up.

KNGG is a 501(C) (3) not-for-profit corporation.

Your contribution to KNGG is tax deductible as allowed by law.

We will have some exciting events news coming soon! If you would like to join the Events Committee, please send us an e-mail or leave a message at 518 758-2646.

Allen Schaefer, President

OCTOBER 20, 2004

FUNDRAISER UPDATE

If you haven’t mailed in your check, there’s still time! Please do so soon.

The KNGG flyer is in today’s mail with a return envelope. Please take advantage of it.

Perhaps you’d prefer to give something now and pledge an additional amount to keep the action going to be paid in one month's time. - For example we have received checks for $XX.00 with a pledge for an additional $XX.00 after the first of the month.

Whatever you choose, please put your contribution to Article 78 in the mail today. We need to have it soon. We need to know we can count on it.

THE REGISTER STAR TODAY

“Officials Denounce KNGG.”

Mary Kramarchyk, Town Board member and liaison to the ZBA commented, “There was no way to make a Widewaters project please everyone.”

This is just the point. Code enforcement is not a popularity contest. Good planning not a question of pleasing. It starts with enforcing the code that has been designed to protect our town. The ZBA did not do its job in that respect.

Doug McGivney, Town Supervisor, is quoted as saying, “They sent some nasty letters to some awfully good people…”

Letters sent out by the KNGG Board of Directors, all of which have been printed in these pages, have criticized the actions of some Town Officials. Town Officials should expect their actions, especially if not responsible, to be open to criticism. Is McGivney saying that if we write something that is not agreeable to him and some other officials it is “nasty?”

However this ZBA did not do its job. If the application in front of them did not comply with the code it should simply be denied. Then the applicant has a choice, come back with plans in compliance to the code or drop the project.

This ZBA had no right to make this determination without the advice of a qualified architect that was not in the developer’s pocket.

KNGG and Alvin Knoll tried to help the ZBA by submitting alternate plans for Widewaters’ roof and showed them that a traditional-type roof could be built using Widewaters’ footprint and could be built in compliance with the code. Instead of taking a good look, the ZBA kept the hearing closed and gave in to Widewaters demands, which hadn’t changed since day one. There was never any negotiation between the ZBA and Widewaters. The variance was simply rubber stamped by three out of the five ZBA members.

This is not responsible planning for Kinderhook.

The Register-Star quotes the ZBA Resolution on the matter of the variance as saying, “We are not a legislative body. We have no authority to change zoning laws, to make new zoning or to change the boundaries of districts. We have no authority to modify an application that is in front of us.”

This ZBA did not do its job. If the application in front of them does not comply with the code it should simply be “variance denied.” Then the applicant has a choice, come back with plans in compliance to the code or drop the project. Sometimes a compromise can benefit both parties. There was none. Widewaters was given exact