October 15 2004

Dear Neighbors:

In August the Town of Kinderhook Planning Board unwisely approved the application for Widewaters Commons without considering several adverse impacts.   

For over two years, KNGG members attended all board hearings and meetings, wrote countless letters, and argued repeatedly that the proposed development was unsafe and would harm community character. The Planning Board should have turned the project down. Instead the board relied on studies by experts that several of its members criticized as variously unreliable and inadequate. The board passed the buck and approved the project.

Nevertheless, KNGG’s efforts did make a difference to the outcome:

      1. KNGG advocated successfully for the placement of a CONSERVATION EASEMENT on the back 9 acres of the parcel, limiting the development to the front 10 acres only. Green space will now prevail in the rear.

      2. Reports by KNGG’s lighting and landscaping experts helped to improve the specifications put forward by the developer.

      3. Under pressure from KNGG, Widewaters dropped one 15,000 square foot building from its plan, primarily because KNGG pointed out that there wasn’t room to build a roundabout if the building remained.

Be assured that there is still a battle to fight. And we must fight it to show our appointed boards and elected officials that they can no longer ignore procedure and bow to the pressures of outside corporate muscle and others.

On September 23, disregarding the designs architect Alvin Knoll provided to prove that a peaked roofline could be built in compliance with the Town Code, the Kinderhook Zoning Board of Appeals voted 3-2 to grant Widewaters’ roofline variance so its 62,192 ft south building could have a flat, “big box” roof.

Because the ZBA failed to meet the legal standards and procedures required to grant an area variance, KNGG must pursue an Article 78 action against the ZBA and Widewaters. This suit will show that citizens will no longer accept such sloppy and prejudiced actions on the part of its appointed boards.  KNGG is suing to have the determination reversed.

If we do not demonstrate strength now, we may imperil future effective dissent.

The battle to challenge the ZBA decision will take money.  To mount the Article 78 against the Town ZBA and Widewaters, we must raise $15,000 to $20,000. These funds are essential to pay for pre-filing date research and legal work. And we also need funds to keep KNGG operational into its third year.

This is the time to give as generously as you can to KNGG. Please renew your membership for 2005 and give as much as you can now so that KNGG may continue to fight badly planned development and sprawl with Article 78.

THE KNGG BOARD OF DIRECTORS:                        

Allen Schaefer, President                                                                                   

Mark Litteken, Treasurer                     

Alexandra Anderson Spivey, Secretary

Abbey Cash

Margaret Moran

Jayne Zinke