SEPTEMBER 23, 2006

NEW DATE FOR CVS HEARING: 

THURSDAY, SEPTEMBER 28, AT 7 PM  

Due to an error in publishing, the CVS Public Hearing which was scheduled for September 27 will instead take place on the 28th.    At the last two Planning Board meetings, CVS presented revised plans to the Kinderhook Planning Board.  The site now includes CVS's original, over 13,225 square foot, store with a larger parking lot.  Please be sure to attend the meeting and share your thoughts with the Planning Board this Thursday.

 

KNGG Board member Abbey Cash Reports from Last Week's Planning Board Meeting

 

CVS has withdrawn their variance for fewer (72) parking spaces (down from 90) as the ZBA was preparing to disallow it.  This is based on public comments and the ZBA's deliberations and consideration of the Town Code.  This is evidence again that your participation DOES make a difference.

  

New plans have been submitted by the developer.  This process began at the Sept 14 meeting.  But there were additional plans submitted this evening, as well.  However, it appeared that was little time to digest the new plans, as blueprint revisions were just rolled out.  The previous week's plans have been FOIL'ed by Walter Michaud, a neighbor of the proposed development, but he still doesn't have them.

 

Mr. Michaud asked the developer if he could put the new plans on the Web so that the public could see them in plenty of time for the hearing  Mr. Freeman said he would try to accomplish this by Friday, or Monday at the latest.  Someone will be present at Town Hall this Sunday, from 10 to 6.   Call first (784-2233), but members of the public should be able to see the plans.  B arbara Beaucage said that she would try to collapse and copy them.  (As of this writing, the new plans did not appear on the Town of Kinderhook web site [http://www.kinderhook-ny.gov/Home/])

 

Because many of the plans have changed, it was agreed that a new SEQRA review should be performed.  This covers all aspects of the proposed site including air quality, water, traffic, waste, vegetation, wildlife, architectural structure, etc.  However, rather than taking the time to go through the SEQRA step by step, the board asked their lawyer if they could "lump all of this together" (I believe the word "lump" was the term used), and vote .  Marc Gerstman, the town attorney, was not present but his substitute was there.   After giving her agreement, board chairman Minot-Scherman read through the SEQRA review very quickly.  He then asked if there were any comments from the members of the Board.   There were none and a motion was made to accept and approve new the SEQRA review.  The Board chose not to have further discussion.  This resulted in a negative declaration regarding problematic effects.   I question whether adequate time was available for the Board to carefully consider the changes, make remarks and to reflect upon potential impacts.

 

  The final traffic study document was distributed.  Michael Hartman, the representative from Chazen, gave a brief summary.  Basically, it was a review of the previous studies done by Widewaters, Dunkin' Donuts, and CVS.  He said he reviewed the studies for their procedures and conclusions and found them to be sound, agreeing that adding a CVS would not be problematic.  Peak traffic times are still considered to be from 4:30 to 5:30 on a weekday (school is not in session) and in June from 11 am to noon.  Chazen also did some additional counts at Old Post Road and two others locations.  They found a delay as high as up to 33 seconds.  However, that is for the first vehicle at the intersection.  It is unclear about wait times for vehicles who congregate behind the first vehicle.   It seems to follow that their wait time is the cumulative time of all the vehicles ahead of them.  Chazen also tried to get traffic accident reports from the DOT, Fire Department, Rescue Squad, and Sheriff's Office.  None were on file!  Several community residents have stated to the Board that they have witnessed accidents in the area.    I question why records are either not being kept or are not being made available. 

 

Mr. Hartman, the traffic consultant, is a former DOT employee and had previously stated at a public meeting that he personally favors roundabouts and had disliked the light at this intersection.   His report stated "It is not recommended that further review of accidents at the roundabout be undertaken."   This recommendation seems curious.  Perhaps government officials should be contacted to find out why accurate records are NOT being kept.   Officials should make data available which can help guide future development on the roundabout.  

 

It was explained that the Planning Board had also hired Chazen to look into whether giving CVS a variance from 90 parking spaces to 72 was reasonable.  The company said this request was based on what other CVS stores have.   Of course, this has nothing to do with what our code allows.  What other municipalities in our area or across the state have permitted CVS to do shouldn't be relevant to the application before the Planning Board. 

 

 

Again, we need to express our opinions and our interests to the Town Planning Board.   Please do whatever you can to attend Thursday's public hearing.  As we saw with the ZBA, your participation -- even just your presence – makes a HUGE difference!

 

SEPTEMBER 19, 2006

CVS Revises Plan    

Last Thursday, CVS presented a revised plan to the Kinderhook Planning Board.   The site now includes additional parking to the North of the proposed site.  The plan still calls for a 13,000 square foot building.   Other changes included moving the propane tanks farther from the property line.  A follow-up public hearing was scheduled for September 27.

 

Farmland Protection Conference, CGCC, 11/4/06

 

Planning a Future for Farms in the Hudson Valley
November 4, 2006   8:30 - 3:00
Columbia-Greene Community College, Hudson, NY

This one-day conference will focus on the role that towns can play in supporting local farm businesses and protecting farmland. 

The conference will seek to:

·        Educate town and county officials about the planning tools that can 
be used to support farms;

·        Motivate officials to make agriculture a higher priority in local 
planning; and

·        Highlight success stories of local governments' actions in support of 
agriculture.

The conference will build on the growing momentum for change in the 
Hudson Valley .  Many communities are recognizing that farms and farmers 
can no longer be taken for granted. Supportive local governments can 
help facilitate business opportunities for farmers, reduce the 
likelihood of farmer/neighbor conflicts, and take steps to retain the 
productive land upon which agriculture depends.  This conference will 
provide communities with the education they need to take the necessary 
local action to support a future for the agricultural economy and the
farm landscape.

Who should attend:  Town and county officials, planning board members, 
zoning board of appeals members, farmers, rural landowners, planners, 
and others from Hudson Valley communities.

Registration begins on October 1, 2006 by calling 518-581-0078.  
Registration Fee: $25

Brought to you by a Steering Committee including: American Farmland 
Trust, Columbia Hudson Partnership, Columbia Land Conservancy, Dutchess 
County Planning Department, Dutchess County Cooperative Extension, 
Dutchess Land Conservancy, Greene County Cooperative Extension, The 
Lynwood Center, Hudson-Mohawk RC&D, New York Planning Federation, 
Scenic Hudson, Inc., and Ulster County Planning Department

 

We note with some concern that the Columbia County Planning Department isn't listed among the organizers of this conference.  This makes it all the more urgent that we ask our public officials to attend this important conference.

  

Road Sign Pollution in the Land of Roundabouts

 

We've all been seen the appalling number of signs in the Kinderhook roundabout.   Unfortunately, this visual pollution seems to be an international trend. According to this article from a London Newspaper's web site, road signs are cluttering up the English countryside.   ( http://www.thisislondon.co.uk/news/article-23366547-details/335+road+signs+in+eight-mile+stretch/article.do )  In once case, which provides the article's headline, 335 signs were counted in one 8 mile stretch.  This includes commercial signs as well as road signs which often gave contradictory instructions.   Several groups in the UK are advising local governments to audit their communities' road signs and eliminate those found to be unnecessary.   We'd applaud such an effort in Kinderhook.

 

See you at the meetings!

 

SEPTEMBER 9, 2006

** A Note to berk.com Members **  

We have been informed that many of you have not been receiving the eNews alerts.   We suspect that this is because of berk.com's SPAM filtering on their mail servers.  If you would like to continue to receive the eNews mailings, please add " KNGG.eNews@gmail.com " to your list of contacts.  This should prevent our alerts from going to your junk mail folder.  Thank you.

 

ZBA Takes the First Step in CVS Variance Denial  

 

Last Thursday, the Kinderhook ZBA voted to direct the Board's attorney, Marc Gerstman to draft a letter rejecting CVS's application for a parking variance.   The Board decided not to cast a vote rejecting the application outright, but deferred to Mr. Gerstman who was directed to draft a letter basing the rejection on specific provision in the Town code.   The board is expected to approve the draft and formally reject CVS's variance application at their next scheduled meeting.

 

This decision came after a rather lengthy public comment period.   Many KNGG members were present and made comments to the board -- we appreciate your support (and endurance!).  You should also know that no comments were made to the ZBA from the public in favor of the applicant's variance.

 

At least two members of the public stated that they have observed parking problems near the roundabout especially at Four Brother's on Spaghetti Night (Wednesdays).   Individual board members echoed these concerns during their deliberations.  It did not appear that any members of the board voted against drafting the letter of rejection.

 

Following the ZBA meeting, which ran until about 10 PM , the Planning Board opened its public comment hearing.  Again, the public stood up in opposition.  KNGG member Al Knoll made extensive comments to the Board, pointing out that the site plan fails to meet the code in other important areas regarding parking.   Mr. Knoll cited the sections of the code and Comprehensive Plan which require parking lots to be located behind commercial buildings.   The CVS plan doesn't currently do this.

 

One positive comment toward CVS in general was presented to the Planning Board.   A gentleman noted that CVS was a good company with a product offering that would serve Kinderhook well.  This may well be true, but it doesn't change the fact that this application wasn't compliant with Kinderhook's Town Code.   CVS can still come to Kinderhook, but under the Town's rules – the same rules we all have to follow. 

 

CVS's alternatives are to make their proposed building smaller or to increase the size of their parking lot.   Their next course of action may be discussed this Thursday at the next regular Planning Board meeting at 7PM at Town Hall.

 

It probably goes without saying that all KNGG members should be pleased with the ZBA's decision, but what we would like to state emphatically is our gratitude and how much your individual support, your presence at the meeting and your comments meant to KNGG.   Thank you, members!

 

See you at the meetings!

 

SEPTEMBER 2, 2006

 

ZBA MEETING ON SEPT. 7 AT 7 PM  FOLLOWED BY THE PLANNING BOARD HEARING FOR CVS AT 8 P.M.   COME FOR BOTH!  

 

The public hearing for the CVS application will take place on September 7 after the regular Zoning Board of Appeals meeting.   The ZBA meeting begins at 7 and the CVS hearing will begin at 8 PM at Town Hall.  We hope we'll see you there for both meetings.

 

This is a public comment meeting and if you plan to speak, we've included a few points that might help you.   However, just showing up to the meeting sends a message to our Town officials as well – just your presence is important!

 

1.      CVS is asking to reduce the number of parking spaces from the required number (~90) to 72.  There are 5 provisions allowing for a variance in our code.  CVS and their lawyers have not attempted to claim any of them (e.g., hardship, usage, etc.)  They are still insisting upon having an oversized, 13,000 square foot building, which with fewer parking spaces than the code requires.  Additional land is available for them to purchase but that would cost them money.

2.      The "independent" traffic study done by the Town was anything but.  They failed to collect data when school was in session.  In reality, this was a "meta study" which examined Widewater's and CVS' existing findings and little, if any, new data.  This is not independent. Several people on the planning board, including Marc Gerstman, the attorney, felt an expanded study should be conducted.  The developer's attorney "vehemently object[s] to spending [his] client's money for the betterment of the town!"  Is this your idea of "independence"? 

3.      Why do we need 3 pharmacies within 1/2 mile?  This should be a legitimate concern of the Kinderhook Planning Board and the Comprehensive Study Committee.  We would like people to suggest that these bodies should engage in long-range planning which would look to plan for and limit redundancy and unnecessary development in the future.

4.      Why does Kinderhook need such a large building?  We have heard that the bigger the building, the easier it is for the developers to resell should the CVS leave.  The answer boils down to the developers bending our town code for their needs, not Kinderhook's best interests.

5.      The Historical Marker for the Quackenboss Tavern has not been addressed.  The Planning Board should independently contact State Education Department and the town's own Historical Committee to independently verify what the developer is telling htem.

6.      The number of people who will work at the CVS and use the parking spots has been greatly understated.  This, too, should be validated independently. 

 

If you can't attend, we ask you to please consider contacting the members of the ZBA ( http://www.kinderhook-ny.gov/Public_Documents/KinderhookNY_BComm/zba) and the Planning Board ( http://www.kinderhook-ny.gov/Public_Documents/KinderhookNY_BComm/planning ).

 

Town of Kinderhook Planning Board

Gerard Minot-Scheurmann/Chairman and Board Members

Kinderhook Town Hall

Niverwille, New York, 12130

 

Zoning Board of Appeals of Kinderhook

Sean Eagan, Chairman and Board Members

4 Church Street

Niverville, New York 12130

 

Also, please consider writing a letter to the editor of one of the local papers:

 

Register Star : http://www.registerstar.com/letters/

The Independent : http://www.zwire.com/site/news.cfm?newsid=3743167&BRD=248&PAG=461&dept_id=462341&rfi=6

 

County-Wide Development

 

During our last membership meeting, one of the points our speaker, James Sheldon made was that commercial developers don't build big box stores to serve the existing population of a town.  They build hoping that the area will grow to fit their size.  Well, that could be happening in Columbia County .

 

"Morningstar Communities" is a proposed development on 93 acres of farmland near the intersection of Routes 9H and 66 in Ghent .  The proposal calls for building 232 manufactured houses and is the largest development of its kind ever proposed for the county. 

 

Like we've seen in Kinderhook, the developer seems to have a plan in search of a plot, but the plot isn't currently zoned the way they need it to be.   So, they're coming into yet another community requesting that the rules everyone else has to follow be changed to suit their needs.

 

A meeting to discuss the impact of this development on the community is scheduled for September 10 at 4 PM at Gahbauer Rd.   There will be a town meeting the following day at 7:30 PM on Town Route 217 in Mellenville.  Please contact Richard Harrison at (518) 828-2682 for more information.

 

KNGG members may want to attend these important meetings on September 10 and 11th.

 

SEE KNGG ON THE WEB at www.kngg.org

See you at the meetings!

 

 

APRIL 25, 2006

 

KNGG Co-Chair Persons Abbey Cash & Susan Chiafullo

 

VILLAGE COMPREHENSIVE PLAN TO BE REVIEWED

 

KINDERHOOK - The first in a series of public meetings will be held in the McNeary Center at St. Paul’s Church on Wednesday April 26^th at 7:00 p.m.

            Nan Stolzenburg of Community Planning and Environmental Associates will provide an overview of the Comprehensive Plan adopted in 1999.

            Kinderhook Village residents and business owners will have the opportunity to comment on goals yet to be addressed and on issues arisen since the Plan was adopted.  The review is funded in part by a grant from The Hudson River Greenway Council.

 

Village Residents: Please Come out to this Comprehensive Plan meeting to update the plan.  This is the plan upon which the zoning code is based. We must get involved here.  This is where good planning begins.

 

MAILERS ARE OUT

Mailers went out last week to all KNGG members.  If you haven’t received yours, please let us know.  We appreciate your past support and ask you to please rejoin KNGG now for 2006 by dropping your check in the enclosed envelope or simply send a check to KNGG, PO Box 370, Kinderhook NY 12106.

 

We ask you to come out and join us at the

KNGG ANNUAL MEETING

Wednesday May 24^th – 7:00 PM

McNeary Center at St. Paul’s Church, Sylvester St., Village of Kinderhook

Guest Speaker: James Saland, noted Community Planner