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KNGG HISTORY

(A HISTORICAL OUTLINE 2003)

January 8, 2003 - Widewaters faxes its scope of their SDEIS to Planning Board. The Planning Board has 60 days to examine it, make changes and add further requirements.

The Public Hearing on the SDEIS scope is set for February 13^th.

The Planning Board is yet to be given plans of the new roundabout and the rerouting Route 9 via Keegan Rd. nor have they been given elevation plans of the site.

January 9, 2003 - The IRS approves KNGG as a "publicly supported organization," enabling KNGG to offer tax deductions to donors.

January 12, 2003 - In a news release, KNGG reports that Widewaters owes the Town ten thousand dollars plus in back escrow payments. "Outrageous," says Schaefer.

January 13, 2003 - In a news release, KNGG reports, "DOT prefers roundabout for Kinderhook at Proposed Mall Site. "At a January 9^th meeting in Hudson, Town officials and some business people met with the DOT. Dot was asked to partner the Planning Board as provided under SEQRA and to provide plans for their proposals. Opposition to a roundabout by the school system as dangerous and the school busses would have much difficulty navigating into the heavy traffic without traffic lights. Although crosswalks to be provided, it would still be dangerous without traffic lights for the students and other pedestrians to cross the two major highways.

Schaefer is quoted, "I don’t like the idea of no traffic lights and pedestrians subject to dodging traffic, especially at a school crossing. They must be insane to propose this!" Schaefer continues, "I don’t like the fact that Widewaters and the DOT are planning Kinderhook’s future without our input. It is not right that other businesses could be forced to relocate so the DOT can construct a roundabout to accommodate Widewaters."

Jim Dunham, Mayor of the Village of Kinderhook called for mitigation of substantial increase traffic in the Village at the intersection of County Route 21 and US Route 9.

January 15, 2003 - Register-Star reports Hannaford Bros. (Widewaters’ anchor) contract with Widewaters expired December 31^st. Marco Marzocchi’s reaction, "At this point we are still committed to developing this site."

Caren Epstein of Hannaford stated, "a continued interest in the Kinderhook market," but was "keeping all our options open."

At tonight’s Planning Board meeting, Marco Marzocchi presents check of $10,287.77 to Town to bring escrow up to date.

The Planning Board is yet to be given plans for the roundabout and rerouting Route 9 nor have they been given elevation plans.

Widewaters originally submitted application under the Old Town Code and now must discuss how they meet the New Code requirements for lot coverage and density, etc.

February 2, 2003 - The KNGG Board of Directors votes in favor of supporting Lindenwald in being able to purchase additional land in order to preserve the site from future development. KNGG believes Lindenwald to be a jewel in Kinderhook’s pocket that hasn’t been appraised.

February 12, 2003 - In today’s issue of the Hudson Valley Sampler, a profile story on KNGG appeared on page one.

February 13, 2003 - During the Public Comment period of the Draft Scope for the Widewaters’ SEIS at tonight’s Planning Board Workshop, the KNGG Comments prepared by our attorney, Jeff Baker, were accepted for discussion and accepted for the Draft Scope of the SEIS.. Jeff found the Planning Board’s Draft Scope was far superior in detail than the Widewaters Draft Scope and proposed that it be accepted along with some suggestions he made re noise & traffic.

The planning Board accepted the Draft Scope with amendments as the Scope for the SEIS. Planning Board Engineer, Jim Green, took it to his office and reworked as resolved and to be sent to Widewaters.

February 20, 2003 - Planning Board sends Final Scope for SDEIS to Widewaters. It is now Widewaters responsibility to come up with a SDEIS for approval by the Planning Board. There is no deadline.

February 24, 2003 - Register-Star editorial, "It appears to be time for the Widewaters principals to turn their mother’s head to the wall and get out of town." "Widewaters has become a useless and a needless distraction."

February 25, 2003 - KNGG prepares for arrival of Widewaters SDEIS.

In a R-S article, Supervisor McGivney is quoted, "we believe Hannaford may be looking to set up there." Referring to the plot of land at the corner of Keegan Rd. and Rt. 9H. Hannaford’s contract with Widewaters expired 12/31/02 leaving Widewaters with no anchor store.

March 4, 2003 - The preservation of lands surrounding Lindenwald being of great importance to KNGG - Open Space Institute announced its acquisition of a 33-acre open field that sits across from Lindenwald.

April 1, 2003 - KNGG sponsors Documentary film showing and discussion for public education: "Store Wars" - (When Wal-Mart decides to come to town) at Main Street Café in Valatie, NY. Kinderhook Town Supervisor, Doug McGivney Supervisor spoke. Other members of the Town Board present were Francis Vecellio (who participated in the discussion) and Mary Kramarchyk. Ruth Piwonka, KNGG Advisor and Village of Kinderhook Trustee also attended. As part of the program, Marilyn Kaplan and Joanne Gans gave the same presentation of the Route 9/9H Corridor Study to KNGG members as they previously gave to the Town Board.

April 14, 2003 - First Report of Widewaters’ "deceitful" survey

April 15, 2003 - KNGG sponsors, "Conservation Options and Opportunities" with Jerry Cosgrove of American Farmland Trust and Jean-Pierre Courtens of Roxbury Farm, Kinderhook NY. Topic – farmland conservation.

April 16, 2003 – KNGG Reaches Fundraising Goal

The Town Board approves the 9/9H Corridor Study concept. The resolution passed 4 to one, with Ken Wengler voting against it.

A committee is to be appointed by Supervisor McGivney to work on the Corridor Study. McGivney mentioned the names of two large landholders along the corridor as potential committee members and that of a contractor. 

April 17, 2003 - KNGG takes position on Corridor Study Committee. Large Landowners along the corridor should not serve on the committee due to possible conflict of interest. KNGG suggested they sit in on the committee as advisors with out a vote. This was put into a formal letter to Supervisor McGivney. Planning Board approves Stewart’s application. Chairman, Ed Simonsen signed and stamped the site plan maps. Dunkin’ Donuts – (Jose Leal appears to be the applicant for the franchise.)

The Planning Board has received no plans from the applicant.

Key points discussed: Condition of approval of OK Computer for that site was low volume traffic; a shared driveway with McDonalds from Keegan Rd.; septic difficulties; lot coverage issues; and brand identification. Still no word from Widewaters of submission of SDEIS (Supplementary Draft Environmental Impact Statement)

May 1, 2003 – KNGG Board members meet with Widewaters’ general counsel, Marco Marzocchi, and KNGG attorney, Jeff Baker.

Although the meeting seemed productive both parties left the table with no agreement. Marzocchi left with a written list of KNGG concerns; the number one being location, which would cause traffic safety problems.

Other concerns were about emergency access to the mall or beyond if the one lane roundabout is blocked with an accident; mall project is over sized for location – downsize to ½ or less; blockage of Catskill Vistas; light spill; open hours related to truck deliveries; additional noise; green space at rear of property should be in the deed allowing no changes; design factors don’t represent local architecture. Marzocchi told Baker and KNGG board members that he will come back with answers to the concerns and possible compromises.

May 2, 2003 – Widewaters’ surveys begin again. A survey company in Connecticut is has been surveying Kinderhook residents by telephone asking, "Would you like a Hannaford super market in Kinderhook?" The question is worded to give them the answers they want for the numbers. They are not asking, "Would you like a Widewaters’ strip mall covering 20 acres at the most busy and dangerous intersection in Town of which Hannaford would be a tenant?"

May 3, 2003 - Kinderhook residents are hit with a mailing of green "support Hannaford' flyers.

May 5, 2003 – Complaints about Widewaters’ survey handling continue to come in.

May 8, 2003 – Widewaters submits SDEIS to Planning Board for review of completeness. Planning Board environmental attorney, Marc Gerstman, advised Marco Marzocchi general counsel for Widewaters that the review of the SDEIS would not go forward until Widewaters get their escrow paid and up to date. Widewaters is behind $3900.00 to the Town in back payments. The two attorneys agreed that this would take place early the next week

May 9, 2003 – KNGG ½ page informational ad appears in the Independent. It is a rebuttal to statements made on the green flyer Widewaters mailed to Town residents asking support for Hannaford. KNGG appeals to members to write letters to the editor.

May 15, 2003 – Marco Marzocchi directs Barbara Beale of Chazens (engineering firm that drew up SDEIS) to propose to the Planning Board that it accept the SDEIS as complete. The 45-day clock only started ticking 3 days ago and the Town engineers had not had time to review this document. Planning Board member, Gerald Minot-Scheurerman, told Beale that in no way has this board had time to review this document. However, Don Gaylord did find it acceptable. Beale accepted the board members comments and did not push them to take a vote. (See August 22, 2002 page 3. – In a surprise vote of 4 to 3)

May 25, 2003 – Widewaters retains aggressive Albany law firm,LeBouef Lamb, for consultation on the Kinderhook strip mall. How aggressive? $300 per hour aggressive! KNGG founding member, Joanne Stiles Gans, resigns her position as secretary and board member.

June 5, 2003 – Town Board member, Ken Wengler, invites Widewaters and DOT to speak at Town Board meeting June 9^th. He says it’s informational. Why then the Town Board? The Widewaters project is being reviewed by the Planning Board. Wengler is trying to make the Widewaters application decision political.

The DOT has been requested several times by Supervisor, McGivney and Planning Board Chair, Ed Simonsen, to meet with the Planning Board about the proposed round about mitigation for the Widewaters project. They have ignored these requests but at the request of Widewaters they bend over backwards. Many Town’s people are referring to this Town Board meeting as "Wengler’s Circus."

June 9, 2003 – KNGG Advisor Meg Moran rebuts Widewaters for KNGG at Town Board Meeting. She spoke for KNGG, giving reasons why KNGG believes this strip mall is a mistake for the community. She emphasized KNGG’s opposition to the mall is not Hannaford. She pointed out to the opposition is what we have in common and why this mall won’t work in Kinderhook. Many KNGG members spoke against the mall and several others spoke for it. They seem to want to forsake safety and Town character for convenience.

Supervisor McGivney noted that Widewaters and KNGG could be struck from the agenda, however so many people turned out, it wouldn’t be done. Councilman, Francis Vecellio said that Town Board meetings are not a forum for the developer and board members should be careful not to be partial or the Town could be sued. It was noted that Councilwoman, Mary Kramarchyk, was wearing a green pro Hannaford/Widewaters sticker.

Most of the crowd was either KNGG members or sympathetic to good good growth. About 1/3 of the crowd was probably rounded up by Widewaters and wore their green stickers. The turnout was over whelming. Extra seating was brought in, many people stood at the rear and to the sides and many stood outside looking through open windows.

June 12, 2003 – Planning Board starts review of Widewaters’ SDEIS

June 15, 2003 – KNGG received authorization from the Postal Service to be able to send bulk mail on a discounted not-for-profit rate.

June 18, 2003 – KNGG’s president, Allen Schaefer, takes Widewaters to task in the press over false and inaccurate statements made to a Register-Star reporter by Marco Marzocchi Widewaters' general counsel.

June 21, 2003 – KNGG Benefit - held at the opening of The New York Designers Fabric Outlet located on US 9 north of Valatie. The benefit was given for KNGG by John Knott, owner, who has shown how good growth works by moving a part of his business to Kinderhook and for locating it in the abandoned Empire Homes building and therefore not building another box-like structure and for not destroying more farmland. John Knott provided wines, food, entertainment and loads of fabrics to browse at. Over 100 people attended and all had a good time. The benefit was a success. The proceeds will be used for legal and scientific consultation fees.

June 22, 2003 – Some Kinderhook residents have joined a group in support of Hannaford Plaza. When did Widewaters change the project name from Widewaters Commons to Hannaford Plaza? The group calls itself KRISHP (Kinderhook Residents in Support of Hannaford Plaza).

June 30, 2003 – SDEIS still not complete. The Planning Board has scheduled a special meeting on July 2^nd to help move the SDEIS to acceptance.

July 2, 2003 – Widewaters’ SDEIS accepted as complete by Planning Board KNGG attorney, Jeff Baker, had KNGG letter accepted as part of the EIS (Environmental Impact Statement). Public Comment period on SDEIS is open till September 15, 2002. Public Hearing set for August 27, 2003 at North Point in Kinderhook.

July 3, 2003 – ZBA says "NO" on Widewaters appeal on their design. The ZBA turned it down because they say Widewaters is premature in asking for the appeal; like asking permission to break a law in advance.

No objection from Widewaters. They never showed up for the meeting.

July 8, 2003 – KNGG Has Serious Concerns re SDEIS:

THE ROUNDABOUT:

No traffic signals

How are the handicapped, seniors and children to cross?

Who has right of way at which yield sign?

How are the school busses expected to merge safely?

Halting traffic at the 9/9H intersection allows traffic from side streets a chance to get out on the highways; eg. Rapp Rd., Maple Lane, Old Post Rd. etc.

How will this traffic without traffic signals at each side street be able to get on the highways? EMERCENCIES:

If an accident blocks the one lane roundabout, how do emergency vehicles get to a destination on the other side of it?

Routes 9 and 9H are major north and southbound routes in Columbia County.

Do we want to take the chance of tying up the County with a one lane experimental roundabout? With a good possibility of traffic congestion at a one lane experimental roundabout, traffic will be forced to find alternate routes through local streets. This will make for addition noise, congestion and pollution on local streets.

OTHER CONCERNS:

Noise Pollution

Light pollution and over-spill

Water pollution

Conforming to Kinderhook Zoning Code

Architectural standards and scale of project

The visual representations in SDEIS are not representational

Length of construction o mall

Length of construction of roundabout

July 10, 2003 – In his column in the Chatham Courier, Clayton Van Alstyne, former Kinderhook Supervisor said, "KNGG is actively fighting Widewaters and it's important for our community that they are. Their mission is to save Kinderhook from box malls and from becoming a carbon copy of East Greenbush or Greenport."

July 10, 2003 – Widewaters is out of order at Planning Board Workshop. Marco Marzocchi, general counsel to Widewaters, had telephoned Marc Gerstman, special environmental attorney hired for the Planning Board’s consultation during the Widewaters procedure, to advise him that he would not make it to the workshop that night. As Gerstman is paid only when Widewaters is present, he was advised not come to the workshop that night.

Knowing the Planning Board would have no consul because, Gerstman would not be there, Marzocchi turned up for the meeting anyway.

KNGG takes position that Marzocchi was out of order and should not be allowed to speak. He got his way and spoke anyway. Because it was a workshop, no decisions could be made, although Marzocchi wanted the Board to commit to a planned list for the site plan review process.

KNGG noted that on July 3^rd, Marco’s green sticker followers (KRISHP) did not show up at the ZBA meeting. They got notice. Why wasn’t the ZBA’s attorney advised?

And now KNGG notes, that KRISHP is out in force and was not told not to come like Gerstman was advised not to come. Do we smell a rat? Or is just plain contempt for the people of Kinderhook?

July 17, 2003 – Report of stolen KRISHP lawn signs. Some opposition members are reporting their lawn signs missing.

No Attorney, No Talk –The Planning Board has resolved that in cases where a specialized attorney is retained for the Planning Board for an application with a specific developer, the Planning Board will not do business with that developer if the special attorney is not present. Duncan’ Donuts – had shown desires of taking over the current OK Computer building at the exact point where US9 and 9H Intersection. Three months has passed since the Planning Board last heard from them. They have gone over their three-month limit. The application is closed.

July 21, 2003 – Tornado hits Village of Kinderhook and parts of Valatie, Niverville, and the Township. KNGG was in the midst of the monthly membership meeting at Kinderhook Memorial Library when we were evacuated due to Tornado warnings.

July 24, 2003 – KNGG commends Ed Simonsen, Town Planning Board Chairman, for coming on strong and clear at the beginning of the workshop by telling the developer the intent of the Town Zoning Code where it refers to buildings as they should be made to resemble pre 1940’s architecture. He made it quite clear that this does not mean Van Allen’s Auto Body shop because it is next door. "In the area" means the Village of Valatie, the Village of Kinderhook, and historic farm buildings in the Township and even Chatham.

Belgian supermarket chain, Hannaford, sent James Cannon, an engineer, to work with Marzocchi in the presentation to the Planning Board of the elevation plans and architectural drawings. Although we may see no written contract, there is obviously a business bond between Hannaford and Widewaters.

August 27, 2003 – Public Hearing is held by the Planning Board for public comments on Widewaters’ SDEIS.Over 100 people attended the hearing at North Pointe.

45 People signed up to give testimony. Among them:

Mark Litteken, KNGG Treasurer, read a statement from Allen Schaefer, President

of KNGG, who couldn’t attend for compassionate reasons. Schaefer sighted several points of the SDEIS that are inadequate.

Mark Litteken also spoke for himself, noting mall fails to meet architectural standards of the Town Code including scale. He stresses lack of analysis on noise pollution, traffic impact, light pollution, hours of operation, length of time and hours of construction.

KNGG attorney Jeff Baker stresses the Planning Board’s legal obligation to

painstakingly study the SDEIS and urged them not to waste this opportunity to influence the future infrastructure of the Town. He pointed to 3 omissions of The SDEIS:

1. No traffic analysis of morning peak traffic

2. No driveway capacity analysis

3. Inadequate design details of roundabout (No lighting plan etc.)

Baker pointed out that since architectural plans exist, the developer‘s request for a roof-pitch variance is illegal because the adverse impacts are impossible to determine at this point. He also pointed out that the newest round of drawings presented by Widewaters to the Planning Board during the week of August 28, 2003 are outside the SDEIS and SEQR and therefore may not legally be considered.

Jock Spivy read the lighting analysis of the SDEIS prepared by lighting designer

Brandson, an expert enrolled by KNGG.

Alexandra Spivy, KNGG Board member, addressed the inadequate consideration taken on vistas the mall would destroy.

KNGG Board Member, Sara Richards, criticized the SDEIS for its contravention of the Town’s Comprehensive Plan, especially the many portions relating to scale, architectural style, congestion and appropriate retail businesses.

Some 37 people spoke up against the mall.

The seven that spoke in favor of the mall did not speak substantively to the SDEIS, which was the purpose of the hearing.

September 10, 2003 - Allen Schaefer, KNGG President, commended each member of the Board of Directors with a letter stating that he was grateful for the way they succeeded as a team during his unavoidable absence, thus making the Public Hearing a Success for KNGG. Schaefer later added how difficult it is to get so many people out to speak. "What this board did to pull all this together was phenomenal because late August is when so many people are out of town on vacation."

October 7, 2003 – KNGG Quarterly meeting brings out largest amount of members ever. Treasurer, Mark Litteken, addressed that KNGG had $31,000.00 in expenses in 16 months. All funding came from small donors. Guest speaker Marilyn Kaplan, historical architect, addressed the big box Widewaters is trying to push off as "colonial style." "It a big box with some icing," said Kaplan. "Like putting a bikini on an elephant!" KNGG attorney, Jeff Baker, also spoke addressing the membership as to where we stand in the Widewaters case and what happens next.

November 4, 2003 - Board of Education is approached by KNGG member and mother of two, Kelly Piester, who asks the board to reopen their dialogue with the Planning Board regarding the safety issue concerning the mall which, if built, would be almost directly across from the Ichabod Crane School System. Kelly specifically brought up the fact that Widewaters did not do any morning rush hour traffic studies which the board should call for. The morning rush hour should interest the board because this is when the school buses are out in traffic

November 5, 2003 – LOCAL ELECTION - HOW WAS WIDEWATERS INVOLVED IN THIS ELECTION? WHY?

In an article in today's Register-Star, Joe Prout and John Mason (We are not sure which reporter was at Republican Headquarters awaiting election returns.) reported, "Widewaters representative Marco Marzocchi called the Kinderhook Republican Headquarters seeking election results, but called before the votes were tallied."

Why are the results so important to Widewaters that they couldn't wait till the media got the news out? Just how much did Widewaters have invested in this election? There are a lot of questions that need answering here, questions the residents of Kinderhook have a right to ask and get answered. We do have one answer, though: If this election was meant to be a referendum on Widewaters, Widewaters lost.

November 14, 2003 - The Town Planning Board in a vote of 4 to 3 resolved not to recommend the ZBA give Widewaters a variance to build a flat roof on their big box due to lack of alternate examples of architectural drawings.

November 17, 2003 - ZBA Public Hearing is held. Widewaters wants to put a flat roof on their big box structure designed to house Hannaford and other retail stores. The Town of Kinderhook Zoning Code says no flat roofs. Hip, gabled and gambrel roofs are acceptable. Widewaters architect claimed on an affidavit that in order to put a traditional roof on their big box to be accepted by code, they would have to put up an eight-story building.

KNGG presented testimony from three architects proving it is not necessary to go up 8 stories to comform to the code with a traditional roof. KNGG presented written testimony from Architect Kate Johns of North Chatham. Preservation architect Marilyn Kaplan spoke to the ZBA giving similar testimony. She spoke of her part in writing the technical architectural restrictions in the Town Zoning Code. In addition Kaplan advised the board that it is important to deny this variance. If not it would set a precedent for all future development and change the character of this rural town. Architect Alvin Knoll presented the ZBA with his drawings to scale showing that this big box, if built in a traditional way, could be built to code with hip roofs that would reach only 50 feet as opposed to Widewaters' drawings where the building reached 100 feet.

Mark Litteken, KNGG Treasurer, also made strong points on precedence. Litteken went on to say that one member of the ZBA has written letters to the local papers in favor of the roundabout. Because this had implications that the member in question favored the Widewaters mall, he strongly suggested this member recuse himself from voting on this issue. ZBA Member, Kelly Nicoletta, admitted that she was the member in question. She said she believed that roundabouts work because of her experience with them in Massachusetts. She said she was impartial in this matter and would not recuse herself. Looking at the drawings Alvin Knoll presented, she said she recognized this traditional architecture from Massachusetts. She held the drawing up to Marzocchi of Widewaters and his attorney saying, "If Widewaters puts up this building, it should have no problem with this board!"

Ten KNGG members spoke out against Widewaters big box architecture. KRFHP spokesman Bob Kramer was the only one to speak in favor of the project.

In his closing statement Widewaters attorney Robert Alessi stated that Widewaters was very interested in Alvin Knoll's drawing and would return after further investigation with a more acceptable solution. --- BRAVO KNGG!!!

DECEMBER 8, 2003 – Annual meeting is held. President, Allen Schaefer and Treasurer, Mark Litteken are reelected. Deirdre Leland is elected secretary.  She joins Schaefer and Litteken on the Executive Committee. Attorney Jeff Baker tells the membership, "Widewaters is NOT a done deal. They must get through the site plan review and be reviewed for completeness on the FEIS which the Planning Board can reject as needed till Widewaters gets it right."

Kinderhook historian and author, Rod Blackburn, explained the new proposed Historical District Law for the Village of Kinderhook, which KNGG supports in theory.

Norman Mintz, author, consultant and pioneer of the Main Street movement tied his lecture in with what is happening in Kinderhook and demonstrated with slides. "Redefining Main Street," an article by Norman Mintz, can be seen on this web site. Go to "ABOUT KNGG" and click on "Articles."

DECEMBER 21, 2003 - LaFarge Cement (MORE CHALLENGES for 2004) in Ravena NY has applied to the DEC to burn tires as a fuel. Ravena is across the Hudson River, due west of Stuyvesant. Kinderhook is due east of Stuyvesant and many in Kinderhook have Catskill Mountain views. For health reasons, the toxic fallout from burning tires could be devastating to Stuyvesant and Kinderhook.

Friends of Hudson has FOILed documents from the DEC and has met with KNGG and Stuyvesant residents on December 21, 2003, organizing to fight tire burning in Ravena.

MORE INFORMATION ON LAFARGE TIRE BURNING - GO TO "LAFARGE CEMENT PLANT" and click on to "The Issues" and "Tire Burning Research."

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