 a not-for-profit corporation PO Box 424 Kinderhook, NY 12106 518-758-2646 |
| a not-for-profit corporation PO Box 424 Kinderhook, NY 12106 518-758-2646 |
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CURRENT ISSUES C V S Proposal for Kinderhook 3 YEARS AGO - KNGG ADVISED THE TOWN, THEN CAME DUNKIN' DONUTS. AND NOW CVS! - WHO'S NEXT? HOW MUCH ARE WE EXPECTED TO TOLERATE? The code still allows buildings under 40,000
Sq. ft. KNGG Board member Abbey Cash Reports from Last Week's Planning Board Meeting SEPTEMBER 23, 2006 CVS has withdrawn their variance application for fewer (72) parking spaces (down from 90) as the ZBA was preparing to disallow it.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. Barbara 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-Scheureman 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.
During the public comment period, I stated that I was disappointed that a more independent traffic study wasn't performed. Such an effort may have revealed more current statistics regarding the traffic flow and times. This study relied heavily on what the previous developers' studies -- which were conducted in their own behalf – stated.
SEPTEMBER 18, 2006 Last Thursday (9/14/06, 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.
ZBA Takes First Step in CVS Variance Denial SEPTEMBER 10, 2006 Last Thursday September 8, 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 deLferred 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!
PUBLIC HEARING ON CVS SET FOR SEPT. 7TH 7PM - Town Hall
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 Kinderhook Town Hall 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!
1. There is a
pharmacy in the Grand Union and another in the planned Hannaford's.
WIDEWATERS +
CVS +
MCDONALD’S + STEWART’S +
DUNKIN' DONUTS FEBRUARY 19, 2005 THE CVS PROPOSAL In many respects the Town is working to preserve our rural and historic settings, such as: 1. Amending the Zoning Code to restrict the big box buildings to less than 40,000 square feet. 2. Enforcing the code regarding the size of commercial signage such as with the Sunoco Sign on US9. (After a two year struggle, the sign has been replaced with one allowed by code.) 3. Working to preserve the buildings on Opportunity Road mentioned above. In other respects the concept seems to be forgotten. Moving west on State Farm Road to the intersection with US9, NY 9H and the entrance to Widewaters’ “shopping plaza,” we see proposed visuals for a CVS drugstore to be built on roundabout just north of Four Brothers Restaurant. From the visual published in the R-S this past Friday, the building looks as though it were picked up by a giant crane in Greenport and dropped at the roundabout in Kinderhook. Aesthetically, it doesn’t fit. The code states that the new commercial buildings are not to be branded. The building appears like all CVS buildings I have ever seen. The sides are gigantic flat walls like those in Greenport. The paper says the Planning Board is trying to find a way to break up this mass (so it won’t look so offensive, like a brick wall). How about windows? Historic shops had windows, quite often bay windows with displays. The visual looks as though the building will be close to State Farm Road with only a sidewalk between it and a large massive wall with parking to the rear. The people walking along State farm Road and US9 should have windows to window shop. Come on, let’s dress it up. We don’t want it to look like the blank walls across the street at Widewaters. What about lighting? Bay windows would not only break up the massive structure but would also offer some light to help one find their way at night. How about some gas lanterns fueled by electricity? A MATTER OF TRAFFIC Once again we come across the serious matter of traffic with regards to this complicated intersection. The Dunkin’ Donuts traffic report was based on the Widewaters report and Widewaters still isn’t complete and not all shops including the anchor store are operating. And the fact that the Widewaters’ traffic report was incomplete because they were not required to do a morning traffic study. As we all know, morning is when the school busses at Ichabod Crane Schools, just south of the roundabout, are in and out. Dunkin’ Donuts busiest time is expected to be in the morning rush as well. So now CVS wants to base their report on the Dunkin’ Donuts “report/study” which to our estimation is questionable in itself. CVS needs to get out on these roads now that the roundabout is running do a study, estimate the increase in traffic for when Widewaters is fully operational and Dunkin’ Donuts is operational and for themselves as well. CVS has not demonstrated to the Planning Board that which is required; a complete study, morning, afternoon and evening. WHEN IN ROME The CVS proposal is before the ZBA (Zoning Board of Appeals) and a hearing is scheduled for April 6. The Kinderhook Zoning Code requires X amount of parking spaces per X amount of square feet in retail buildings. CVS doesn’t want to comply with the code because they’d be required to purchase additional land for the parking. The CVS attorney had the audacity to state that the code is incorrect and that CVS doesn’t need the additional parking spaces and that other communities do not require so many spaces. One wonders if this attorney has ever visited the Greenport CVS. At certain times of the day and days of the week it is almost impossible to find a space at this location. In this respect, there is nothing wrong with the Kinderhook Code except that it is not convenient for CVS. When in Kinderhook, we expect CVS to abide by the Kinderhook Code. Let’s hope that the ZBA will stick to the code and not give CVS a variance. How can we encourage the ZBA? We need to get out to the hearing at Town Hall on April 6th, 7:00PM and speak up. Allen Schaefer
FEBRUARY 3, 2006 JANUARY 31, 2006 CVS at ZBA Thursday CVS is expected to appear at the Town ZBA Thursday evening February 2nd, 7:00 PM at Town Hall. We say “expected” because they have not given the ZBA the 10 day notice required to be heard by the ZBA. KNGG believes that the ZBA should not hear CVS because the public will not have been given sufficient notice and the ZBA will not have had time to review their request for a variance. Usually a vote is not taken on first hearing. We have been lead to believe that if CVS turns up with an attorney, they will be heard. Not fair to those who cannot afford an attorney and not fair to the public.
CVS is requesting a variance to have fewer parking spaces than required by the Kinderhook Town Zoning Code. They claim that the amount of spaces they propose to provide are adequate in other locations. That is not the point. The point is that we have a zoning code written by the people of Kinderhook. It should be honored, not rewritten by CVS for their own selfish reasons.
If a variance is granted to CVS, the project will most probably be approved. 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) "Widewaters says the new plaza is to fill gaps in an underserved market. I don't feel like we are underserved. I feel like we have the best of all worlds as it is….a beautiful rural community with easy access to larger stores 20 minutes away. I don't feel underserved or deprived in any way. To the contrary, I feel blessed to have such a diverse array of resources available to me." March 5, 2004 Sara Richards, Attorney and Member of the KNGG Board of Directors
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 believe that Kinderhook needs three drug stores nor do we think it wise to put it on the roundabout. A.S.
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.
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