|
|
|
|
|
ABOUT KNGG FOR A BRIEFER OUTLINE OF KNGG HISTORY CLICK ON "ACCOMPLISHMENTS" KNGG HISTORY (A Historical Outline 2002) THE BEGINNING February 14, 2002 -Being concerned about the Widewaters application before the Town Planning Board for approval to build a strip mall including a Hannaford supermarket at the junction of Routes 9/9H and State Rd. in Kinderhook Allen Schaefer and Robert Baksa attend Kinderhook Town Planning Board Meeting. Jason Nastke, Mayor of Valatie NY, addressed the Planning Board and spoke of negative impacts caused by Widewaters proposed mall:1. Because the site is in the Township, it would decrease Valatie and Kinderhook Villages tax base and cause taxes to rise significantly. 2. Black-topping 19.8 acres of Columbia County’s most fertile soil - once done, it cannot be reclaimed. 3. Pollution to aquifer due to high percolation rate of soil from septic system and ground water drain off pool 4. School shares same aquifer 5. Possible over use of aquifer causing local wells to dry up 6. Traffic congestion, unsafe conditions for school safety, pedestrians & cyclists 7. Over saturation of shopping forcing mom and pop shops out of business 8. Not enough population to support two supermarkets. A. Grand Union would most likely be forced out of business. B. Leaving much empty space in the GU shopping center & less tax revenue for Valatie. C. GU is the anchor store; if it goes out the others will follow. 9. Water a big problem. Plans to sink 2 wells which will use 10,000 gallons a day. 10. There are 8300 people in the Town. How many pizzas can 8300 eat? Having seen diagrams of exactly where this mall is to be built, we realize that a project at this location is obviously not in the Town’s best interest. We attend more Planning Board Workshops and Meetings. We are puzzled, not knowing how to stop this exploitation. April 20, 2002 - Having attended April 18 Planning Board meeting, a letter by Allen Schaefer is printed in Independent, "Help Stop Hannaford and Widewaters" April 30, 2002 - In a meeting with Schaefer, Mayor Jason Nastke advised him, "This conflict is not for novices. You will have to hire a professional, an environmental attorney, that knows SEQRA (State Environmental Quality Review Act) well." May 3, 2002 - Letter by Allen. Schaefer in Register-Star, "Independent review of Widewaters/Hannaford plan needed."KNGG is Formed May 10, 2002 - Letter by Joanne Gans against mall is circulated to neighbors near site. Schaefer calls Gans and they meet at next Planning Board meeting. They set up meetings to see what can be done to stop this traffic-producing over scale strip mall. A few neighbors join them - there are 5 present at the first meeting: Allen Schaefer, Joanne Gans, Liz Dailey McManus, Robert Baksa and one unknown. As luck would have it, Liz Daily McManus is an attorney and offers help. She calls Meg Moran, also an attorney, once on the Planning Board and involved in stopping the gravel mine and trying to stop McDonalds. Meg Moran joins up and takes active role at meetings. At subsequent Planning Board meeting, Schaefer & Gans meet up with Mark and Maggie Litteken - they join the group. and shortly there after, Marilyn Kaplan, local historical architect, joins up. It is decided to become more organized and that officers need to be elected and one person is needed to lead the meetings. The Campaign Against the Widewaters Strip Mall Begins May 19, 2002 - An unincorporated organization is formed. Officers are elected: Allen Schaefer is elected president. Mark Litteken is elected treasurer. Joanne Gans is elected secretary. The group needs an identity. A positive name is looked for. An elected committee comes up with Kinderhook Neighbors for Good Growth. May 30, 2002 - Public Meeting held by Planning Board to hear public concerns Re Widewaters’ Mall and the Hannaford supermarket. KNGG has educated about 30 peolpe on the possible impacts of an oversized strip mall such as Widewaters is proposing. A group of 28 speak of these impacts and how they will effect the change of character in the rural Township of Kinderhook and Villages of Valatie and Kinderhook. Three others speak in favor of mall for convenience. First donation received by Treasurer, Mark Litteken at meeting - $5 cash- unsolicited. Planning Board meetings continue - Widewaters is asked over and over to submit their DEIS (Draft Environmental Impact Statement) July 19, 2002 - Widewaters finally submits it preliminary DEIS. July 22, 2002 -KNGG Mission Statement is adopted. At this point it is realized that specialized help is needed. Meg Moran contacts conservation attorney Jeff Baker in Albany. (Jeff is the attorney representing Friends of Hudson.) Jeff Baker speaks to group and is retained. Group begins membership drive. Schaefer organizes KNGG members to look over DEIS and submit reports to Jeff Baker to be included in KNGG’s formal written review of DEIS to be submitted to the Planning Board. Specialization volunteers: Attorney Sara Richards, DEIS Completeness;Attorney Meg Moran, traffic; Historical architect Marilyn Kaplan, historical land marks, visuals Members get copies of the Comprehensive Plan, Town Codes and the DEIS and study them. July 25, 2002 - Town engineer, Jim Green, tells Planning Board DEIS is inadequate as board begins a page-by-page analysis. Jeff Baker, representing KNGG, turns in 10 page report of DEIS with examples of deficiencies to Planning Board. Letter pointed out the traffic study ignored the Ichabod Crane School system, the Village of Kinderhook, economic impact on Valatie and growth-inducing impacts. DEIS does not assess ability of local police, fire and ambulance services to meet increased demand nor potential adverse impacts of noise and light pollution. August 13, 2002 - Stewart’s Shops Corp. applies to Planning Board to construct a Stewart’s Shop with self-serve gas facilities plus 2 retail shops to be located directly across Route 9H from the proposed Widewaters mall. Planning Board agrees to accept KNGG’s report on Widewaters’ DEIS.Planning Board begins to compile list of missing data and problematic arguments of Widewaters DEIS for which they have 45 days from July 19th to complete. August 16, 2002 - CEO (Code Enforcement Officer), Walt Simonsmeier, writes letter to Marco Marzocchi of Widewaters with a determination on their questions. Simonsmeier was incorrect on the two counts: 1. He advised that Widewaters project did not exceed the Density Control Schedule of the Town Zoning Code. 2. He advised that the septic systems for a shopping center could be characterized as an accessory use and be located in that portion of the lot located in the A/R District where retail uses are prohibited. Simonsmeier does not have jurisdiction. The Planning Board is the Lead Agency and only they have jurisdiction. August 22, 2002 – In an out of order move, Widewaters’ Marco Marzocchi interrupted the Planning Board meeting and demanded the Planning Board to approve the DEIS. Don Gaylord moved that the DEIS be approved. KNGG attorney Jeff Baker stated to
PB, "This document does not have the basic information that allows you to go
forward. The Town would be opening itself up to a lawsuit if the
Planning Board does not conduct the SEQRA review process properly."
In a surprise vote of 4 to 3, the Planning
Board disregarded its own specialists' views, KNGG specialists'
views, and accepted Widewaters’ DEIS as complete after 45 days of compiling a letter in detail to Widewaters where it is
incomplete. Members voting to accept were Don Gaylord, Mike Leiser, Sal Martino and
Tim Ooms. Chair Ed Simonsen, Richard Anderson and alternate Gerard Minot-Scheuerman voted NOT to
accept.
Baker commented, "The Board is asking the public and
involved agencies to comment on a document its own consultants conclude is inadequate."
Baker told the Register-Star that the board might eventually have to
require the submission of a SDEIS (Supplemental Draft Environmental
Impact Statement).
The Planning Board set October 15th for a Public Hearing on the DEIS. Written comments on the DEIS would be accepted till November 15th. SEE MORE UNDER - "WIDEWATERS COMMONS" CLICK ON: "Articles 2002" Move down to August 23 for Register-Star article "Planners Reverse, Find Widewaters DEIS Complete." August 27, 2002 - KNGG files with State of NY under section 402 to be an incorporated not-for-profit entity. KNGG retains Alpha Geoscience and URS, experts whose reports would reveal concerns about the aquifer, soil and traffic studies that were later acknowledged by the Planning Board. September 11, 2002 - Attorney for KNGG, Jeff Baker files for appeal with Town Zoning Board of Appeals citing CEO Walt Simonsmeier’s determination re: zoning requirements for Widewaters’ Commons. September 19, 2002 - Planning Board meeting - the board
was
advised by Chair Simonsen that KNGG had filed a FOIL (Freedom of Information Law)
request asking for copies of all notes and documents passed to the board from
the public during the August 22nd meeting (the strategic
meeting when in a surprise 4 to 3 vote - the PB accepted Widewaters’ DEIS as
complete). Simonsen asked each board member if they had seen anything of that nature transpire at the August 22 meeting.
a
Board member Richard Anderson reported to the Chair that he saw Don Haemmerlein a former Planning Board member and trustee of National Union Bank, pass a note to Planning Board member Don Gaylord. Gaylord denied receiving any notes from Haemmerlein.
a KNGG members had observed that during the August 22nd meeting and prior to the vote, Haemmerlein had been sitting and conversing with Widewaters’ Marco Marzocchi. Prior to the surprise vote, he walked around the room to PB a few times with paper in hand stopping briefly behind Gaylord and Sal Martino. The action appeared to be suspicious so KNGG filed a FOIL request to see any notes or documents passed to Planning Board Members from the audience. Anything of this nature is a public document.
MOVE DOWN TO OCTOBER
1 - Register-Star interviews Haemmerlein. Part 1. The Determination of Completeness (of DEIS) Was Illegal," citing reasons backing this up. Part 2. "The Planning Board Should Consider the Traffic Impacts of Other Projects Proposed for the Same Area (as well as Widewaters)." Ex.- Stewart’s application for subdivision and 2 retail shops. "The planning Board must rescind the determination of completeness for Widewaters and require Widewaters to include the planned Stewart’s project as part of its review on traffic impacts." "SEQRA regulations require consideration of cumulative impacts." Alternative - "allow Stewart’s to proceed but require Widewaters to consider the impacts of Stewarts and other retail establishments as part of the Widewaters DEIS." September 27, 2002 - Schaefer’s letter to editor of Independent is published. "KNGG wants Widewaters to obey our laws and codes." September 30, 2002 - KNGG Handouts are made up and volunteers distribute them. The public is interested and KNGG starts getting contributions and building its membership. October 1, 2002 - KNGG elects board of directors: Allen Schaefer Mark Litteken Joanne Gans Sara Potter Richards Alexandra Anderson Spivy October 1, 2002 Register-Star reports having interviewed Don Haemmerlein who said, "I did pass the note in question," which contained only questions asking about those in attendance. (Haemmerlein was sitting next to Marco Marzocchi, Widewaters’ attorney during the meeting.) "How do we know that the note now presented is the actual or even all of the notes passed? It is suspicious." "Haemmerlein admitted he wanted the project to be completed." To see register-Star Article, go to WIDEWATERS COMMONS - Articles 2002 - Move to Oct. 1 "CONTROVERSIAL NOTE CONTENTS DISCLOSED" October 2, 2002 - DOT determines Widewaters’ traffic study to be, "unacceptable in concept and in detail." October 3, 2002 - ZBA grants KNGG appeal date of Nov 25. to hear the appeal with stipulation that all further Planning Board action with Widewaters, including Public Hearing, is stayed. KNGG disputes Stewart’s variance request on signage size at ZBA for new location.Widewaters’ attorney, Lisa DiPoala-Haber advises ZBA, in a complete turnabout and contrary to all previous discussions, that Widewaters expects their application to be administered under the New Code rather than the Old Code. October 4, 2002 - Widewaters files suit against Town of Kinderhook in State Supreme Court , Albany, citing ZBA does not have right to stay the Public Hearing, which would postpone it till after ZBA hearing of Nov.25. KNGG interceded on behalf of Town withdrawing demands to stay Public Hearing, thus there being no reason for a suit. Widewaters withdraws suit. The hearing was held as scheduled on October 15. October 15, 2002 - Public Hearing held by Planning Board for the public to voice concerns about Widewaters’ DEIS. Concerned citizens, learning of impacts of mall, are calling on KNGG. This time 43 speakers to speak out about the discrepancies and deficiencies in the DEIS. One person, Helen Schneider, spoke in favor of Widewaters’ DEIS. KNGG Attorney, Jeff Baker, addressed Planning Board on inadequacies of DEIS adding, "DOT wrote the most scathing critique of a project that I’ve seen in 15 years in the industry." Marilyn Kaplan, historical architect addressed board. Expressed fear that Town would become another East Greenbush because Widewaters wants to build the "most generic and least expensive development." KNGG member, Attorney Sara Richards, called the DEIS, "incomplete, dismissive and insulting to the residents." And KNGG member, Attorney Meg Moran clarified that KNGG does not oppose Hannaford, but the location of the project. To see register-Star Article, go to WIDEWATERS COMMONS - Articles 2002 - Move to Oct. 17 - "Public Hearing Rough on Hannaford." October 16, 2002 - KNGG’s first Town wide educational mailing informing residents of the Widewaters mall impacts is sent out. November 7, 2002 - KNGG files with IRS for not-for-profit status. November 11, 2002 - KNGG kicks off its fund raising campaign with a successful social and informational evening at Main Street Café, Valatie. Schaefer speaks about KNGG’s commitment to promote good growth, preserve historical sites, and preserve the character of the Town and to help manage traffic concerns and gives credit to several volunteers. Mark Litteken, Treasurer, speaks on use of funding and its importance. Supervisor Doug McGivney spoke about the Comprehensive Plan Great turnout! November 12, 2002 - DOT sends letter to Marco Marzocchi at Widewaters that they are "rethinking" traffic plan November 14, 2002 - Village of Kinderhook Planning Board and Mayor James Dunham send letter to Town Planning Board addressing Village concerns: Possible effects on ground water quality; Impacts of a project of this size on the 2 Villages should be identified and assessed including effects on quality of life; effects of lighting on the Village should be determined and mitigated. November 18, 2002 -DOT letter "rethinking" plan is received by Widewaters November 21, 2002 - Planning Board votes unanimously to require Widewaters to address several new concerns in a SEIS (Supplementary Environmental Impact Statement). Also Widewaters is required to address design standards required by New Town Code which aren’t part of the DEIS. KNGG assists residents near Quail Run development to require developer to guarantee that the area designated as open space will remain open space by specifying so in all deeds November 25, 2002 - The Independent’s headline "Developer Mulls Yanking Plaza" Widewaters Marco Marzocchi cries that Widewaters is not wanted in Kinderhook in response of the Planning Board resolution requiring an SDEIS (Supplementary Draft Environmental Input Statement)ZBA determines that Simonsmeier’s letter is not an official "determination" and thus cannot be appealed. Our 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. Widewaters attorney Lisa DiPoala-Haber agrees to ZBA declaration. November 26, 2002 - The Independent reports that in a call to Marco Marzocchi re SEIS that Marzocchi stated, "It doesn’t look like we’re welcome in the Town of Kinderhook, unfortunately." November 27, 2002 - Marco Marzchizzo (Widewaters) sends letter to Mary Kramarchyk, Kinderhook Town Councilwoman to her home address with a copy of the new DOT "rethinking" letter. November 29, 2002 - IRS acknowledges receipt of 501(c)-(3) filing. December 2, 2002 - Jim Green, Town engineer, is called by Marco Marzchizzo and told that William Fitzpatrick the DOT engineer who called the Widewaters proposal "unconscionable" now says in a November 13th letter that changes to Routes 9 and 9H can make it work. DOT never advised Town officials of talks with Widewaters or of their new opinion.Councilwoman, Mary Kramarchyk sends "Memorandum" to Kinderhook Town boardwith Marco’s letter and a copy of the DOT letter Marco sent her. Kramarchyk writes, "Widewaters has made substantial progress in addressing our concerns until the planning board voted to require a supplemental EIS." "It would be in the interest of all citizens and the Town of Kinderhook if the planning board would continue to be open-minded and communicate more fully with Widewaters as to their concerns, especially if additional issues should arise." Copies to Planning Board and Special Planning Board Attorney Marc Gerstman. December 12, 2002 – KNGG President, Schaefer, as quoted in the Register-Star, " It is unethical that a Town Board member (Mary Kramarchyk) is communicating with this developer." Ed Simonsen, Planning Board Chairman, "I find it troubling that an applicant with a proposal in front of the Planning Board, is communicating with an elected official." Additionally says Schaefer; "These people (Widewaters) are negotiating directly with the DOT leaving the Planning Board and the Town in the dark." December 13, 2002 - KNGG News Release printed in the Independent states correspondence between Widewaters and Town board member Mary Kramarchyk is unethical." Schaefer says, "I am very concerned that the Kinderhook Town Planning Board learned of the DOT’s ‘flip-flop’ new opinion through a letter provided by Widewaters’ Marco Marzchizzo to Councilwoman Mary Kramarchyk who apparently is not informed of the SEQRA process. This letter coming from a Town councilwoman to the Planning Board with instructions suggests to KNGG that Widewaters is orchestrating a pressured approval by the Town Board" December 17, 2002 - In a letter to The Independent, Joanne Gans, Secretary of KNGG reported that at the Planning Board workshop attorney for Widewaters, Lisa Dipoalo-Haber asked the board to consider rescinding the resolution requiring Widewaters to do a SEIS at the next meeting. Gans goes on to ask the board to stick to its principles. December 18, 2002 - KNGG second informational/educational mailing is sent.December 19, 2002 - Widewaters’ representatives appear at Town Hall hoping to get Planning Board to rescind their resolution requiring them to prepare SEIS. They fail and are told to present a scope (outline of contents) of the SEIS. They are also told to pay the town $10,000 plus owed to the escrow or no further negotiations. December 31, 2002 - KNGG boasts growth in membership is up to 184 people. CONTINUED click on History 2003
* * * |
