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eNEWS
eNEWS eNEWS is a KNGG Membership Service. DECEMBER 30, 2005
DECEMBER 20, 2005 KNGG BOARD MEMBER ADDRESSES BOARD OF ED
GROUP ASKS ICC TO
CONSIDER ANNEXATION
KNGG urges board to keep an eye on progress Dr. Abbey Cash, the KNGG board member, came to represent her organization. “Basically we were trying to alert them to the situation of the annexations,” she said during a phone interview. She said she provided information to the board and told them about the potential impacts of the projects. She said she was trying to encourage them to start a dialog, “not stick their heads in the ground with the notion they need to stay neutral with political situations.” Cash said KNGG doesn’t believe the board needs to be neutral. She said Red Hook and Spackenkill school board members have involved their districts in planning issues that affect their schools. She said their schools boards now use liaisons. “To the school board and the school, it has to do with the fact that there could be a greater number of students,” Cash said, estimating that the two remaining annexation proposals and an already approved housing project are likely to add between 78 to 113 new homes to Ichabod Crane’s district. She used an approved development from Tim Holk, located on County Route 28A and Garrigan Road (Valatie) as one of the examples of incoming houses. Holk has approval to build 31 homes. “This is going to cause a need for more teachers and more rooms and more staff.” Cash said. “The annexations are looking to move the village line of Valatie so they can advantage themselves of their (Valatie’s) services that would be provided, such as water and sewer, and also be allowed to develop more densely.” Cash considered this to be a manipulation of the (Town’s) zoning code. “My point to them is when you buy property, you know what you’re buying. You should buy well. When they bought that (those parcels), they knew what they were buying and now they want to turn it into something else,” she said. Cash noted that KNGG asked what would happen to the (ICC) budget when the enrollment goes up. “It has to go up,” she speculated, concerned that it will lead to more budget rejections (by the voters) in the future. Both she and KNGG reportedly support the school district. Dr. Cash is a retired state university professor and taught in Chatham for several years. Cash said she was happy with school board chair Gary Bagnato’s response and believes the board will consider the project. She also felt member Bill Murphy supported the idea, and got the impression the board believed that (developer Anthony) Buono misrepresented data presented by the school (board for the hearings). Cash said Buono’s report (said) that there was enough capacity for more students in ICC (and) didn’t account for whether there was enough teachers available. “Had they (the school board) been there (at the hearing), they could have argued that point. It is less effective if I do,” Cash said. Cash believes (the) school board is new to this approach, but doesn’t want the district’s voice to come too late. “The concern is they should be part of the planning process,” she said. Board member Ed Brooks’ stance was just educate the children and to remain neutral, but Cash said it’ll be hard to do so if they have to keep raising the budget (and the taxes). KNGG COMMENTS: “Just educate the children and remain neutral?” It was not made clear by this article that Abbey Cash pointed out to the Board of Education that school taxes have been going up as the enrollment has been going down. What will happen when the enrollment goes up as a result of these new subdivisions which would only be made possible if the annexation is approved? Taxes collected from these subdivisions will not cover the additional costs of educating the additional children brought in. This past season the school budget was turned down by the voters. On a second vote it barely passed. The board cannot “remain neutral” and “just educate.” The school board is responsible for raising funds to educate. For the most part the schools are funded by collecting taxes. After the last school tax increase, the taxes for many home owners went up considerably. Therefore Dr. Cash, representing KNGG, request that the board get involved by appointing a liaison to attend all annexation hearings, to be able to answer questions the Town Board and the Village Board would have. And then report back to the Board of Education. DECEMBER 19, 2005
CVS PLANS TO PLACE STORE AT STATE FARM RD. & US9
CVS builder needs more land for project By Joe Prout, Register-Star, December 15, 2005
The developer who wants to put a CVS store near the roundabout intersections of Route 9 and 9H is looking to buy more land because the project doesn’t currently fit.
Project developer John Joseph of Warwick, Orange County, came with attorney Paul Freeman (who represented Dunkin’ Donuts) to discuss the proposal before the (Town) Planning Board Thursday night. The members told him their main concerns: traffic, parking, site design and town code violations.
The prior site plan submitted to the board is subject to change, Freeman said, because the developer is trying to acquire neighboring land. As it stands now, the current proposal doesn’t comply with a number of town codes, and more land would help the project become a better fit.
The original store proposal has a 13,225square-foot building situated on a 1.85 acre parcel, flanked by State Farm Road to the south and Route 9 to the west. The original design automatically went over the code requirements for no more than 50 percent lot coverage. Freeman said he believes that more land will improve the proposal by making it come into compliance, and depending on how much land Joseph purchases, it could result in a better building location farther back from the intersection.
The previously submitted site plan has a driveway on State Farm Road and a right-in-right-out entrance on Route 9. The parking lot was designed in the front of the structure, and the Planning Board hoped to have the spaces behind the building.
Based on existing CVS models, Freeman said the business won’t need the amount of spaces the town code calls for, and Joseph intends to request a variance from the Zoning Board of Appeals on that matter.
Planning Board Chairman Gerry Minot-Scheuerman warned the developer that the members would require a more detailed traffic analysis because they chose to be near the busy intersection. He said Joseph could do traffic counts from the previously accepted Dunkin Donuts proposal located just south of the current (CVS) parcel, and that project built on traffic projections from Widewaters, which is across the street.
The chairman said none of those businesses have been built yet, so the board wants a statistician to verify (that) the projections are accurate.
Minot-Scheuerman said it was too early for the Planning Board to say whether it supports the CVS concept. “My summation is there are a lot of ifs,” he told Joseph.
Joseph responded by saying he’s looking at other land in the area. “This is our first choice, and we’re doing all that we can to be there,” he said.
The board will also look at how to buffer the project from its neighbors.
KNGG COMMENTS
"This development will beget more
development. Already we've seen a new Stewarts'
and approval for Dunkin Donuts at this
intersection." (US9 and NY 9H in Kinderhook NY)
What’s going on here? Are we are playing Monopoly? We are one giant step closer to becoming another East Greenbush. Basically Sara Richards said that sprawl begets sprawl: Coming up Route 9 from the Grand Union, we already have a new Stewarts, a McDonalds, and a Dunkin Donuts to be built, Widewaters with a Hannaford Supermarket (We’ve been told), National Union Bank of Kinderhook and various other shops under construction. Then around the bend of the roundabout, to the east, CVS wants to set up shop.
Where is our Corridor Study? Malta, north of Clifton Park got a $50,000 grant from the federal government to have a corridor study professionally done. Where is our study?
A CVS drug store? Why would a Town the size of Kinderhook need three drug stores. We have one in the Grand Union and we have been promised there would be one in the Hannaford market. We lack professional planning in Kinderhook. Now that we are about to take a good look at the Comprehensive Plan, we need a professional planner on board, someone like Nan Stoltzman.
It’s getting tighter and tighter and Kinderhook needs to tread lightly, especially here and especially now. KNGG does not think Kinderhook needs three drug stores nor do we think it wise to put it on the roundabout. A.S.
KNGG MEMBERSHIP MEETING SET FOR EARLY FEBRUARY
Details will be
advised soon.
Keep informed locally. DECEMBER 16, 2005 The Town of Kinderhook is looking for people with an interest in planning to serve on the Town Planning Board & the Zoning Board of Appeals. Appointments will be made at the beginning of the year.
Write a short letter telling why you would like
to serve on either board. Send it to: Be sure to get it in before the end of the year. A N N E X A T I O N = S U B D I V I S I O N S U B D I V I S I O N = H I G H E R T A X E S To read more on how SUBDIVISIONS = HIGHER TAXES on this site: Look under ANNEXATIONS/SUBDIVISIONS click on “Articles.” To see a letter from a concerned citizen published in this edition of eNEWS, go to ANNEXATION/SUBDIVISION on this site; click on "Letters." DECEMBER 5, 2005 A misleading headline on the front page of the December 3 issue of the Register-Star read: “Holk pulls plug on annexation proposal.”
It should have read, “Holk pulls plug on annexation FOR THE MOMENT.”
Chatham developer Tim Holk wanted to add 83 acres to Valatie from the land he owns in the Town of Kinderhook to build houses and apartments on.
He told the Register-Star that when he saw the writing on the wall for the houses he wanted to build, he withdrew his annexation proposal.
Holk plans to build 31 houses on 40 acres of land in Valatie on the north side of Route 28 near the intersection of Garrigan Road, the result of a project approved by the Valatie Planning Board.
The R-S said he had no IMMEDIATE plans for the land on the south side of Route 28A (the parcel which falls in the Town and that he wanted annexed to the Village), but noted that the land has a good deal of value and he could restart the annexation process at any time in the future.
The Town and Village of Valatie Boards had met jointly many times in late fall to hear Holk’s proposal and determine whether or not they would support its addition to the village. Holk told the R-S that he was required to show that his project is good for the community, which he believes he’s done.
Speculating, we think that Holk is awaiting the outcome of the two annexation proposals currently before the boards. If one is approved, he may think he can use precedence to win his case.
One interesting point brought up at last week’s hearing by Town Board Member Francis Vecellio was that if any parcel is approved, the rezoning would remain in limbo for several many months, during which time anyone could put up just about anything they want.
So, for the moment, Holk pulled the plug on his proposal.
GO TO ANNEXATION/SUBDIVISION – CLICK ON Updates Background Articles Letters
Does this article make you angry?
Register-Star, Published
December 2, 2005
NIVERVILLE November 29, 2005 PROPOSAL DRAWS FIRE FROM PUBLIC Annexation plan heard at joint meeting of Valatie and Kinderhook boards By John Mason Lawyer Anthony Buono faced some tough questions from an audience of about 20 at a public hearing on his proposal to annex 14.36 acres of the town of Kinderhook into the village of Valatie Tuesday. The hearing, at the Niverville Fire House, was held before both the village and town boards. TO SEE THE ENTIRE ARTICLE ON THIS SITE - GO TO ANNEXATION/SUBDIVISIONS - CLICK ON "Updates"
DID THIS ARTICLE MAKE YOU ANGRY?
IN ORDER FOR KNGG
TO GET INVOLVED IN THIS ISSUE - WE NEED YOUR
SUPPORT.
WHAT CAN YOU DO?
1. ATTEND THE
FINAL HEARING ON BUONO PROPOSAL TENTATIVELY
SCHEDULED FOR JANUARY 17, 2006 - Niverville
Firehouse
2. ASK QUESTIONS
AT THE HEARING
3. WRITE
LETTERS:
TO: Supervisor
Doug McGivney & the Town Board - PO Box P -
Niverville NY 12130
COPY TO:
Letter to the Editor
THE CHATHAM COURIER
THE INDEPENDENT
THE REGISTER-STAR
THE TIMES UNION Please copy in KNGG so we may put it in this news letter. NEED MORE FACTS? VISIT ANNEXATION/SUBDIVISION NOVEMBER 19, 2005
3
YEARS AGO - KNGG ADVISED THE TOWN,
"SPRAWL BREEDS SPRAWL,"
THAT IT WOULDN'T STOP WITH WIDEWATERSRS. THEN CAME
DUNKIN' DONUTS.
AND NOW
CVS? The law
still allows buildings under 40,000 Sq. ft. - So are
we to expect a strip of 8 to 15,000 sq. ft. box
buildings up and down 9 and 9H? Where does the
Corridor Study Committee stand on this?
CVS proposal
concerns Kinderhook town planning board
By Joe Prout, Hudson Valley Newspapers, Register-Star, Saturday, November 19, 2005 KINDERHOOK -- A proposed 13,225-square-foot CVS store located on the opposite side of the road from the Widewaters shopping center, north of Four Brothers, has the town Planning Board worried. The property in question is currently owned by Jim Keegan. The lot is approximately 1.85 acres in size. Planning Board Chairman Ed Simonsen said the board has a critical eye on this proposal because it appears the developer is trying to put a big store in a little space. "What they're proposing is 72 percent lot coverage. Fifty percent is what's permitted. Even with the 72 percent plan, the plan doesn't support the parking that is supposed to exist for that site. With parking, you're up to 79 percent lot coverage," Simonsen said. "According to my calculations, that lot can only support 8,300 square feet." For such a proposal to become a reality, Simonsen said the developer would need numerous variances from the town's Zoning Board of Appeals. The board chairman said traffic is also a concern, and he specifically focused on the impact to the roundabout. He said nearby Widewaters isn't open yet and the Dunkin' Donuts hasn't been built where OK Integrated currently sits. The Greenport CVS is less than 11,000 square feet, Simonsen said. "We're trying to estimate the traffic impact of this 13,000-plus square foot building and you're dealing with so many Unknowns," Simonsen said. "It's great to have a CVS. That's fine. But it doesn't have to be there," Simonsen said. KNGG COMMENT: Gosh Ed, that sounds familiar. "It's great to have a Hannaford, but does it have to be there?" AND "It's great to have a Dunkin' Donuts, but does if have to be there?" ---------- Valatie wants representation at the Kinderhook town level By Joe Prout, Hudson Valley Newspapers, Register-Star, Saturday, November 19, 2005 VALATIE -- Village Board members feel Valatie could use some representation at the town level. Noting how there has been an absence of a Valatie resident on the Kinderhook town board for what trustees estimated to be at least 10 to 20 years, the group passed a resolution at its Tuesday meeting requesting the town's governing body appoint a village resident to a vacant seat. Former Town Board member Keith Stack resigned this fall after a six-month absence reportedly for health reasons, creating a vacant seat the Town Board plans to appoint a new member to. Stack's resignation came after a cutoff point that could have had the seat resolved by the November election. As such, the current town board will have the power to appoint a replacement. The town board requested that anyone wishing to fill the vacant seat send in resumes for consideration by the November town board meeting held this Monday. The board announced there were three candidates; Richard Wetmore, Ed Simonsen and Peter Bunjanow. Wetmore's term on the town Zoning Board of Appeals and Simonsen's term on the town Planning Board end in 2005. Bunjanow is a former town board member and served the community with other groups. McGivney also said any board member appointed now would have to run for election in November, and then again the following year when Stack's term officially ends. Charles White was in attendance at the Valatie meeting. He told the members that the position on the town board was advertised and that no one from Valatie expressed interest. Mayor Gary Strevell would later say there was an interested party from Valatie, but he declined to identify the person. White also pointed out that Valatie had two candidates in the recent election -- the other being Walter Simonsmeier for town supervisor -- and both lost. In other village news, the board formally stated that it wouldn't extend its sewer system into the town or its water system farther into Kinderhook. Strevell said the matter came up during recent public hearings on annexation. "We keep hearing we'll just extend the sewer district,'" Strevell said, adding: "No, we won't." Strevell said he wanted the village board to take a position on the matter because he wanted to support development in the village, not in the town. He also said the town needs to develop its own plans for water and sewer, noting the Niverville area reportedly has its own issues that need addressing. The village board also voted to refrain from attaching any more buildings in the town to the village's water system. The village has gone eleven months without resolving an inter-municipal water contract involving water rates. Water rates are supposed to be contractually agreed to by the end of 2005, Strevell said. He said five years ago, the village's rate above the minimum usage was $0.94 per 1,000 gallons and it's now $2 for the same amount. He said the town's portion has been $3.30 for 1,000 gallons above its minimum usage amount since at least 2000. The village board wants the new rate for town residents in the water district to simply be 3.5 times whatever the village rate is. McGivney said there's already a f formula in the current contract that provides additional funds to 'the village for capital improvements and maintenance. He said he wants a side-by-side analysis of what village residents pay versus town district residents before addressing the contract. NOVEMBER 18, 2005
Third
developer presents village/town annexation project
proposal to boards, public
By Joe Prout, Hudson Valley Newspapers, Register-Star, Friday, November 18, 2005 To read this article in full, go to www.KNGG.org Go to ANNEXATION - Click on "Updates" DON'T BE LEFT OUT! VOICE YOUR QUESTIONS AT THE NEXT ANNEXATION HEARING MONDAY, NOV 21
Niverville Fire House,
Niverville 7:00 PM.
KNGG ASKS YOUR SUPPORT . . . PLEASE REJOIN KNGG FOR
2006
November 14, 2005 Paul Bray: Past offers lessons in city planning First published: Sunday, November 13, 2005, The Times Union To read this article in full, go to www.KNGG.org Go to GOOD GROWTH - Click on "Articles" Further thoughts on annexation from a KNGG Member: To read this article in full, go to www.KNGG.org Go to ANNEXATION - Click on "Letters" ANNEXATION = GRANTING SUBDIVISIONS OF 1/2 ACRE PLOTS in AREAS ZONED for 5 ACRE PLOTS
Saturday, November 19
Film showing co-sponsored by TSL and
Friends of Hudson - "Wal-mart: The High Cost of Low Price" - 5:30
p.m. - Time & Space Ltd., Columbia Street, Hudson - Admission ranges
from $4 - $6
NOVEMBER 12, 2005
The
Annexation of Town land into Valatie NOVEMBER 6, 2005 You’ve seen the signs. VOTE YES ON LIBRARY PROPOSITION. What do they mean? Why does the Kinderhook/Valatie Library need your support for the library ballot referendum? For the first time in six years the libraries are seeking an increase. During those six years, prices of everything have soared, - including operating costs, utility bills, the cost of books and materials for the libraries. In addition to covering increased costs, the libraries would like to extend library hours and provide additional services to the community. Q. How much additional will my tax bill be? A. This translates to a tax bill of $21.50 a year for a $100,000 assessment. Library members ask you to support these efforts and Vote YES on Tuesday. For additional information: Visit www.kngg.org Go to CURRENT ISSUES - Click on URGENT ACTION POLLS ARE OPEN FROM 6 AM TO 9 PM TUES NOV 8th The Independent November 4, 2004 Sharp differences mark Kinderhook contest By: RICHARD ROTH KINDERHOOK-This fall's race for Town Supervisor is a re-match between former Town Building Inspector Walt Simonsmeier, who has the Republican and Conservative ballot lines, and three-term incumbent Doug McGivney, a Democrat who has also been endorsed by the Independence and Working Families parties. Mr. McGivney points out that Kinderhook taxes have remained stable throughout his term in office. At $0.84 per $1,000 of assessed value they are third lowest in the county. Mr. Simonsmeier says steps should be taken to ensure that individual assessments are fair and accurate. "You can't sit behind a desk and raise assessments across the board," says Mr. Simonsmeier. "Is he running for supervisor or assessor?" says Mr. McGivney. The town assessor does view all properties from the public right-of-way as required by law, he says, and new software will allow the photographs she takes to be included in the Town Hall database. Moreover, Mr. McGivney says, the current town building inspector follows up on building permits to make sure the assessor is notified when a certificate of occupancy (C of O) is issued, something he says Mr. Simonsmeier did not always do. "There's no taxing until a C of O is issued," said Mr. McGivney. He said Mr. Simonsmeier had failed to track close to 100 building permits during his time as building inspector. Relations between the Town Board and Highway Superintendent Mark Irish have often been strained, and Mr. Simonsmeier says he will be better able to deal with the situation than Mr. McGivney. "The Highway Department situation is political," says Mr. Simonsmeier. "The town attorney has told the board they have no authority over the highway superintendent, and if the voters don't like him they can vote him out." Mr. McGivney said he is aware of Mr. Simonsmeier's position highway superintendent's autonomy, but he does not completely agree. "He said at the League of Women Voters forum that he would approve the budget and get out of the way," said Mr. McGivney. "But there are areas where the law specifically puts the burden on the town supervisor." For example, said Mr. McGivney, the Town Board would have been held responsible for disturbing the wetlands on Hennett Road, where Mr. Irish was directed to restore an area that had filled in when the road was rebuilt. And the town would have to answer to the state comptroller for purchases made without proper documentation. "It's the duty of the supervisor to see that everybody complies with the law," said Mr. McGivney. Mr. Simonsmeier says the town needs to do more for its senior citizens. He would set up a phone line so that they can get help with household tasks such as snow shoveling and leaf raking. And he would see to it that the town builds affordable housing for those above retirement age. "The last house of that kind was built 10 years ago in Valatie, and there was a waiting list from day one," says Mr. Simonsmeier. Mr. McGivney says the town has done as much as it can given the political situation in Washington. "We have done as much as we can legally do at this point, we have done a density bonus," said Mr. McGivney. "The major current problem is the lack of HUD [federal Department of Housing and Urban Development] funds. Without HUD it's hard to have senior housing. You can do upper-class senior housing, but that's not what we're after." Flooding problems in houses at Quail Run subdivision, which was developed by Marcel St. Onge of Advantage Builders, have been blamed on Mr. Simonsmeier, who granted building permits there during his tenure as building inspector. But Mr. Simonsmeier says the Planning Board and the Town Board are at fault for having approved the subdivision and for failing to stop construction of new houses once water problems became apparent. Quail Run resident John Zimmerman "started pumping water in December of 2003," said Mr. Simonsmeier. "When they got water, why didn't McGivney and [town engineer Pat] Pendergast put a halt to all buildings at that time? If I was supervisor in December of 2003, I would have halted all construction." Mr. McGivney says the problem was that Mr. Simonsmeier allowed Mr. St. Onge to continue building, even after it became apparent that basements in Quail Run were below the water table. "The Zimmermans have photos that showed water in the basement, and he allowed them to keep building," said Mr. McGivney. "The state code requires that the footings and basement floor be two feet above the highest water table measurements, and [Mr. Simonsmeier] should have picked that up." Mr. Simonsmeier says that he did, in fact, send violation notices to Mr. St. Onge, and that construction on the Zimmerman house was stopped at one point. "[Mr. St. Onge] came back with corrective measures, and raised the house about a foot," said Mr. Simonsmeier. "The engineer and the supervisor saw the report, and I told Marcel to proceed." An earlier application by Mr. St. Onge for a subdivision at the Quail Run property had been denied because of the area's high water table, but Mr. St. Onge "misled" the current Planning Board when he re-applied, according to Mr. McGivney. "Most Planning Board members were not on the board when the previous application had been made," said Mr. McGivney. "We had a new Planning Board and a new attorney; the only congruity was Marcel [St. Onge], and he came in with different data." Just how long the winner of this election will be in office will not be known until after Election Day. A separate ballot provision approved by the Town Board earlier this year allows voters to determine whether the successful candidate serves for two years or four. To contact reporter Richard Roth, e-mail rroth@indenews.com. VOTE TUESDAY! POLLS ARE OPEN FROM 6 AM TO 9 PM TUES NOV 8th
November 4, 2005 With Francis Vecellio and Debby Johnson, he initiated
cluster housing into the zoning code. On November 25, 2002 the ZBA determined that Simonsmeier’s
letter was not an official "determination" and thus could not be appealed.
Attorney Jeff Baker insisted the ZBA designate that the letter cannot have
any legal effect in future. Accordingly, ZBA stated Walt Simonsmeier’s
letter could have no legal effect. Valatie Information Officer Donna Schneider Stated: “There
is no assessment information for the (Valatie portion of the) parcel on file
in the village office.” She also stated: “There is no taxation/billing
documents on file in the village office. We at KNGG know little about
Pinkowski except that this is not a good beginning for him or Simonsmeier.
KNGG has weighed what the candidates have
done and what they tell us. Walt Simonsmeier and
Mary Kramarchyk were strongly in favor of the Widewaters project, roundabout
and big development no matter what the cost. They will probably
misinterpret the Comprehensive Plan to suit their agenda.
Pinkowski is a developer of subdivisions. With the
annexation vote coming, we consider this a conflict of interest. Vote for GOOD
GROWTH! OCTOBER 6, 2005 NEW KNGG E-MAIL
ADDRESS NOW IN EFFECT: OCTOBER 1, 2005 IF YOU CARE ABOUT YOUR
HEALTH, PLEASE E-MAIL THE D.E.C. THIS SEPTEMBER 25, 2005 TAG SALE BIG SUCCESS!
TOWN WINS $10,000 IN SIGN CASE SEPTEMBER 30, 2005 IT'S NOW OR NEVER--
SEPTEMBER 22, 2005
SEPTEMBER 19,2005 |