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October 7, 2003 - The Independent

Poll' roils K'hook race

By: RICHARD ROTH 10/07/2003
KINDERHOOK--Town Democrats have accused Republicans of conducting an unethical "push poll" aimed at influencing the upcoming election in the guise of an unbiased public opinion survey.

       The poll was conducted two weeks ago and asked residents what Democrats called "loaded" questions.
       But Republicans denied any knowledge of the poll and said Democrats were being hypocritical. "That's like the pot calling the kettle black," said Keith Stack, a former supervisor who is running for a seat on the Town Board. "Doug McGivney [the town supervisor] was accused of illegal campaign tactics on primary night."
       Mr. McGivney has denied any improper actions at the polls. He was at Town Hall, the only official polling place, during the Independence Party primary election last month. Mr. Stack said poll watcher John Piddock contacted the county sheriff, but no action resulted.
       Mr. Stack and fellow Republican Walt Simonsmeier hope to unseat Deputy Supervisor Francis Vecellio (D) and Mr. McGivney, respectively. Councilman Ken Wengler (R) joined the Town Board last January and is seeking re-election. Should all three succeed they would change the balance of the five-member Town Board, which, in addition to Mr. McGivney has one Democrat, Mr. Vecellio, and Independence Party member Debra Johnson, who votes with the Democrats.
       "I'm aware of the survey," said Mr. Stack. "Ken, Walt and I did not do the survey. I think their response is a little bit over the top, and I think the press release [accusing the GOP of dirty tricks with the poll] is an example of negative campaigning."
       That press release was issued by Mr. Vecellio on September 30 and called upon Mr. Stack, Mr. Wengler and Mr. Simonsmeier "to apologize for taking the 'low road' to the November election."
       It is not known just how many residents were contacted by the group variously identified as CFR Associates or CER Associates, but at least half a dozen people contacted Mr. McGivney to register their suspicions. They said questioning began with queries about Governor Pataki's performance at the state level and then abruptly moved to local candidates and issues.
       "It sounded kinda funny at that point, from the governor to all- Kinderhook," said Jim Costello, one of the residents who contacted Town Hall. "Then the caller asked, 'Do you support the Hannaford proposal,' totally out of context." Mr. Costello said he explained that there was no "Hannaford proposal," only a proposal by Widewaters.
       The Widewaters Group of DeWitt, has proposed building a shopping center at the junction of Routes 9 and 9H with State Farm Road. A Hannaford Brothers supermarket would anchor the complex. The proposal and the additional highway traffic it would create has caused sharp divisions in the Kinderhook community.
       Mr. Costello said the caller's next question had to do with the recently completed Volunteers' Park. "She asked, 'Recently voters turned down a referendum to build a $2.5 million Town Park, but Supervisor McGivney has spent $500,000 to build the park. Do you think he should have done this?'," said Mr. Costello. "In terms of facts that was erroneous and misleading," he added.
       The $2.5 million proposal would have funded what Mr. Costello referred to as a "mini-YMCA." Although a much more modest facility has been built, some Republicans, including Mr. Wengler, have questioned cash outlays in the absence of a separate designated Volunteers' Park account.
       Helen Schneider said her caller-ID recorded a call from a woman who identified herself as Tracey at 4:21 p.m. on September 24. The caller's telephone number had been blocked. "I asked who she was," said Ms. Schneider, "but she wouldn't tell me. She said she worked for an independent company."
       Ms. Schneider said she was "pretty sure she said CER." She found a listing for a Washington, D.C., firm with that name through an internet search, but she was told by a company spokesman that they do only educational polling.
       Ms. Schneider, and other residents as well according to Mr. McGivney, reported that local names such as Valatie were mispronounced, raising suspicions that callers came from outside the area.
       But that in itself is not enough to indicate impropriety, according to one poll expert who declined to be identified because he hadn't seen the questions or results first-hand. In fact, he said, the errors could indicate a credible poll was being conducted by an outside firm.
       The same expert said he wouldn't jump to the conclusion that it was a push poll for some underhanded purpose. He said the definition of a push poll is when someone pretends to be doing a poll even though the calls are meant to persuade. He compared push polls to telemarketing.
       He advised any suspicious of a political poll to ask for a phone number and call back. Effective December 31, 2003, a new amendment to the Federal Election Campaign Act of 1971 requires callers to identify persons paying the expenses of polling in national elections.
       Even though she felt obliged to report her suspicions about the poll, Ms. Schneider said she thinks the question of whether it was fair diverts attention from other issues the candidates ought to be addressing.
       "Why are they concentrating on the push poll?" she asked. "For myself, there are more important issues: the lack of senior citizen housing, the lack of affordable housing for lower- and middle-income people, the way you're shut out of certain areas by your economic bracket."
       Mr. Costello, a registered Democrat who said he has voted for all the candidates running in November at one time or another, said he understands that Widewaters is a "big issue" for the elections, but he was surprised that the town park was being brought up in this context.
       "That's been a bi-partisan park," he said. "It goes back before Doug was the supervisor. There's nothing controversial about it unless the survey was meant to mislead and say it was an issue."

©The Independent 2004
 

September 23, 2003 - The Independent

New-look Hannaford's pleases plan chief, other issues lurke 

By: MATTHEW SHEEHEY 09/23/2003
NIVERVILLE--Kinderhook Planning Board Chairman Ed Simonsen liked what he saw during Thursday's presentation by the Widewaters Group.

       The developers showed planners new renderings of the structure that will house a Hannaford Brothers supermarket and 15,000 square feet of shopping space, anchoring the four-building Widewaters Commons plaza.
       The design has a brick and clapboard facade, traditional window styles, a varied roofline, and an atrium with a gently sloped V- shaped roof at the Hannaford entrance.
       To the relief of Widewaters representatives, the Planning Board approved several resolutions accepting the architect's drawings provided more detailed descriptions of the building's materials and dimensions get the okay.
       "To term it a landmark with respect to this project, I think, is accurate," said Mr. Simonsen, speaking after the long meeting at Town Hall here.
       The Planning Board has been reviewing the application since late 2001, when Widewaters first proposed the $10 million plaza for a field at Routes 9 and 9H.
       Planners discussed the design with Widewaters at several meetings over the past 18 months or so, only to send the firm's architects back to the drawing board.
       "It would certainly appear to me that an alternative supermarket in Kinderhook in the future is a distinct possibility," said Mr. Simonsen.
       But there are other issues facing the project, he cautioned, not the least of which is the applicant's contentious proposal for a roundabout at the 9/9H split.
       The state Department of Transportation had said Widewaters' plan for adding three access points to the current intersection would be too dangerous.
       The developer then proposed doing away with traffic lights at 9 and 9H and State Farm Road to make way for a roundabout that it believes would mitigate traffic concerns.
       That has people in the community nervous, and planners have hired a traffic consultant to review the roundabout design and the data provided by Widewaters' traffic people.
       Mr. Simonsen, however, said the state might consider alternatives to the roundabout.
       "I think DOT, at least privately, has expressed a willingness to consider something other than a roundabout at that intersection," he said Friday.
       He and plaza opponents have been frustrated by DOT's failure to include town officials in conversations with Widewaters about traffic mitigation plans.
       Mr. Simonsen also points out the owners of the proposed building site, the Samascott family, were denied permission by DOT to put in curb cuts when the fruit farmers were looking into building a farm stand at the same property.
       Whatever the DOT decides with regard to Widewaters, the Planning Board is waiting for results from its traffic consultant to make its own determination.
       And the Planning Board, as the lead agency for the project, decides whether the applicant wins approval for its proposal for intersection improvements.
       In the meantime, planners are waiting for new copies of the color renderings shown Thursday night by the Widewaters architect, Mike O'Shea of QPK Design of Syracuse.
       His drawings, completed after talks here the previous week, got a warm welcome.
       "This, for myself, is where I wish we could have been [earlier in the review process.] But we're there," said Planning Board member Gerald Minot-Scheuermann during the meeting.
       He and his colleagues were pleased to see the new design focus on traditional design elements rather than the more modern glass and curves in last year's renderings.
       "I think it's outstanding--you've done a fantastic job," said Mr. Simonsen, whose board had earlier reviewed designs for the three smaller plaza buildings.
       After nearly two hours of talks on specific features of the facade of the main building, including the materials to be used in the cornices, the Planning Board agreed to give its approval to the design concepts.
       Mr. O'Shea will now go to work on drawings showing exactly what building material goes where and what the dimensions of each building are.
       Marco Marzocchi of Widewaters asked for the board's resolutions to be certain it was okay to proceed. "I would like to bring a conclusion to this part of the process," he said.
       The Planning Board extended the comment period on the designs for 28 days.

©The Independent 2004
 

August 8, 2003 - The Independent

Planner faults circle logic

By: RICHARD ROTH 08/08/2003
KINDERHOOK--A member of the town Planning Board has leveled detailed technical criticisms of a roundabout proposed for the intersection of Routes 9 and 9H, State Farm Road, a key part of the proposed $10 million Widewaters shopping plaza.

       "I think this whole thing is being treated too lightly," said Planning Board member Charles Shattenkirk, speaking at an informational meeting at North Pointe Cultural Center on Wednesday evening, August 16.
       His comments were directed at Richard Dillmann, Assistant Regional Traffic Engineer with the New York State Department of Transportation (DOT); and Gordon Stansbury and William Holthoff of Sear Brown, an engineering and planning consulting firm employed by the Widewaters Group.
       Taking the floor after town residents were given an opportunity to confront the engineers with their comments and questions at the meeting, Mr. Shattenkirk began by telling the consultants their preliminary plan contains significant inaccuracies.
       "This is not a circle, it's an oval," he said, suggesting that the consultants had intentionally elongated the traffic pattern because the state-owned right-of-way is not sufficient to accommodate the 150-foot roundabout the consulting firm has proposed.
       In addition, he said, "You don't own enough property for the deceleration lanes."
       DOT officials have said that the right-of-way is sufficient, but scale drawings have not yet been filed. Sear Brown engineer William Holthoff, when pressed for an explanation, said a strip of land would be carved out of the property owned by Widewaters, the developer, if necessary.
       Mr. Shattenkirk directed several comments to the the state DOT engineer, Mr. Dillmann, saying that both Routes 9 and 9H are "on the federal network." Because of that, he said, the state would have to comply with federal highway standards on such features as raised traffic islands, curbing, and proper handicap accessibility.
      
A federal regulation the DOT plan overlooks completely, he said, requires roads intersecting a roundabout to "enter at equal angles." While the entrances for Routes 9 and 9H are almost immediately adjacent on the south side of the roundabout as drawn, the angle separating Route 9 to the north and the proposed shopping center entrance to the east is greater than 90 degrees.
       Mr. Dillmann acknowledged that federal regulations apply but did not directly address Mr. Shattenkirk's comments.
       In response to another question from Mr. Shattenkirk, Mr. Dillmann said the department's regional traffic engineer would be responsible for reviewing the the proposal.
       Planning Board Chairman Ed Simonsen said he wanted town residents to know that decisions are not being made at the local level in any case.
       "Praise or blame is not for the Planning Board or the Town Board," said Mr. Simonsen. "We have not been part of the process. That's a real sore point, and it's not going to go away."
       Shelley Johnston of Creighton Manning Engineering, a firm employed by the Town of Kinderhook, asked the Sear Brown and DOT engineers to provide a more detailed plan as soon as possible so that its impact on adjacent property owners could be assessed.
       "It would be helpful to have a one-half-mile radius from the roundabout," said Ms. Johnston. "We need to look at it more as a system, not just one intersection.
      
The engineers have said private driveways in the immediate vicinity will have to be modified, and they anticipate a reduction in the speed limit to 35 mph on Routes 9 and 9H beginning approximately half a mile from the roundabout in either direction.
       Numerous members of the audience offered their opinions on the roundabout, with some questioning whether it meets the goals of the town's comprehensive plan, which says the town's rural, agricultural character should be maintained. Others expressed concerns about traffic safety, with the engineers replying that accident rates typically go down "50 to 60%" after roundabouts replace traffic lights.
       The problem of pedestrian crossings was brought up several times. Tunnels are not a satisfactory solution, according to the engineers, because people are afraid to use them; and overhead bridges would be impractical because of the ramp length required to make them handicap accessible.
       The original Widewaters proposal called for access through the traffic lights currently operating at the 9-9H intersection. But the DOT determined that lights were impractical for a 5-legged intersection and proposed building a roundabout instead.
       Copies of the preliminary roundabout plan are available for inspection at the Kinderhook Town Hall and at the Kinderhook Memorial and Valatie Libraries.
       The meeting Wednesday was yet another step in a long process leading to submission by the developer of a formal environmental impact statement. The project cannot proceed without an approved impact statement.

©The Independent 2004
 

July 18, 2003 - The Independent

Widewaters flows into Town Board

By:RICHARD ROTH 07/18/2003
KINDERHOOK--The controversy over the proposal to build a shopping center in Kinderhook spilled over into the Town Board meeting this week as residents focused their concerns about the project on plans for a traffic roundabout at one of the busiest intersections in the county.

       The Widewaters Group wants to build a $10 million shopping plaza with a Hannaford's supermarket as the principal tenant near the intersection of Routes 9 and 9H with State Farm Road. A citizens' group known as Kinderhook Neighbors for Good Growth has been organized to oppose the project, and there is also significant community support in its favor, judging from letters to The Independent and turnout at public meetings.
       The intersection is currently controlled by traffic lights. But the addition of a fifth roadway from the proposed plaza on the west side of the intersection has led the state Department of Transportation (DOT) to advocate the replacement of the traffic lights by the roundabout.
       Traffic would be required to come to a full stop only when other vehicles are negotiating the intersection. The DOT says as many as 10 vehicles are queued up by the stoplights and that no more than three at a time would be required to stop under the new system, even during rush hours.
       Transportation officials have emphasized that the roundabout, which would consist of a single lane with a 15 mile-per-hour speed limit, should not be confused with a rotary or traffic circle, where vehicles enter at speeds up to 45 miles-per-hour. But the message seems to have fallen on deaf ears.
       "I just spent nine months in Bucks County, Pennsylvania, and you take your life in your hands," Frank Moses of McCagg Road told the board. "What good is it going to do to have conveniences and all these wonderful things if it makes our life miserable?"
       John Pickett of Hudson Street in the Village of Kinderhook said the proposal was of special concerns to older residents such as himself, and he said the board should go out of its way to get their input. "There are a lot of retired senior citizens in the town, and we all have to drive," said Mr. Pickett. "Now we have to look ahead to a rotary." He said he believed the roundabout system would also be confusing to newly licensed drivers.
       Some residents have said they are worried about the difficulty of crossing a roundabout on foot. Others are concerned about bus traffic from Ichabod Crane Central School, which is just up State Farm Road from the intersection.
       Valatie resident Robert Cramer said he believed improvements were going to be necessary whether or not the plaza was built and that residents should rely on the Planning Board and the Department of Transportation.
       "There will be a roundabout there in four or five years, regardless," said Mr. Cramer. "Put your faith in the professionals at the state."
       Drawings included in the Draft Environmental Impact Statement prepared by the company do not specify measurements. Gordon Stansbury of Sear, Brown, an engineering firm that was consulted on the project, told the audience at a hearing last month that the roundabout would be 140 feet in diameter. A "truck apron" on the center island would provide extra room for trucks and buses to negotiate the circle.
       The matter is entirely up to the Town of Kinderhook and the Department of Transportation, according to Dave Chapman of the Columbia County Traffic Safety Board. "There are no county roads in that area," said Mr. Chapman.
       The Town Board had no immediate comment on issues brought up at the meeting. The approval process is in the hands of the Town Planning Board, which must make its determination based on planning and environmental concerns.

©The Independent 2004
 
July 17, 2003 - The Chatham Courier
The following text is excerpted from "Letter to P. Oscar" a weekly column in
The Chatham Courier by Clayt Van Alstyne. 
… I saw Clifton Park grow from little more than a crossroads into suburbia, watched housing development after housing development materialize in what was once farm lands, and observed the construction of one large shopping mall and the groundbreaking of a second. I saw a relatively simple intersection become so congested that DOT had to do several makeovers to accommodate all the "new" trucks and cars.

… The changing traffic pattern occurring today in our community continues and not for the better. When we make our weekly trek to St. Joseph’s Religious Center we encounter an ever-increasing volume of traffic. The number of cars and trucks moving on Route 9 is increasing every day. The last number I heard was 15,000.

It wasn’t so long ago that traffic on that stretch of thoroughfare dropped dramatically during some parts of the day. About the only time that occurs now is very late or very early in the day. During all other hours traffic flow has become quite steady, increasing greatly during the morning and evening rush hours. Like it or not, this area of northern Columbia County is rapidly changing from rural to suburban.

Knowing how the local traffic pattern has changed and how the number of road vehicles has increased, the proposal by Widewaters to site a shopping mall at the 9-9H intersection to be poorly conceived. In retrospect, I think "poorly" is an inadequate word to describe totally irresponsible and inconsiderate attempts by Widewaters to jam their proposal down the throats of our town’s Planning Board and, subsequently, down our community’s residents’ respective throats.

The worse aspect of the plan is the proposal to have the DOT construct a traffic circle (roundabout) at the 9-9H intersection, replacing the current traffic signals arrangement. Incredibly, they propose a SINGLE LANE traffic circle and include the State Farm Road in the design. Access to this traffic circle would also include the entrance and exit for the proposed shopping center. All existing lights would be removed, and this would become a completely non-signalized intersection.

In addition, there would be no crosswalk signals at each entrance/exit of the intersection that, presumably, would allow pedestrians access to the shopping center. I can’t imagine how anyone, especially school children and the elderly, would safely cross without the assistance of a traffic signal. When you consider the expected volume of traffic at this intersection the whole scheme borders on the ridiculous.

Last week I wrote about tactics being used by Widewaters to force the Town Planning Board to accept their proposal with little consideration of the desires of the town. Those opinions are expressed in the Town’s Master (Comprehensive) Plan, a document based on the provided by citizens of the town and villages. Some townspeople, even officials, don’t like the Master (comprehensive) Plan, but I know personally that members of the Planning Committee tried to consider every aspect of every aspect of every issue covered in that document.

Business, residential, agriculture, and other related interests were carefully considered and final decisions were based on what the Committee thought were the best interests of the town as a whole. For Widewaters to casually dismiss the Master (Comprehensive) Plan as irrelevant is a slap in our collective faces. I don’t know about you, but I don’t like doing business with someone whom doesn’t respect me.

And now we see the little green signs popping up, saying "Hannaford Yes." Am I opposed to Hannaford? Not at all. In fact I’ve been quite vocal about having a 2nd supermarket in our town. When there’s only one show in town, the people are held hostage. I didn’t want a Widewaters plaza where they propose to put one. It’s the wrong location and the wrong style of buildings that they propose. There are other locations near that spot that would be far better from the viewpoint of serving the town well. Why hasn’t Widewaters considered those other locations?

Widewaters should approach the town with a proposal that fits into the town’s concept of itself and not try to change out community into something that has no identity. Do that, Widewaters, and you might be surprised at the cooperation you will receive.

Clayton Van Alstyne is a former professional baseball player; educator for 35 years in New York, Massachusetts and the Netherlands; former Kinderhook Town Supervisor, and Op-ed columnist for 13 years.


  July 10, 2003 - The Chatham Courier

The following text is excerpted from "Letter to P. Oscar" a weekly column in the Chatham Courier by Clayt Van Alstyne.

There is a noxious attitude developing and being exhibited toward local communities by many large corporations and government agencies. I don’t know that this is a recent phenomenon, because I think the dismissive attitude has always existed.

There are stories about large mega-corporation(s) or government agencies running roughshod over a village or town in order to put in place whatever it is they are promoting. Activities of corporations or agencies have been frequently been at odds with the desires or wishes of the locality being affected. It occurs more often than not.

How can these groups invade a city or a town or village, dictate what they will do and demand residents to accept without resisting what they say? That is, accept their overtures or suffer the consequences. I’ve asked a number of questions without providing answers and I’m not sure there are any answers.

The collection of laws presently on the books is the root of the problem. Laws are supposedly made to protect society. I was always told that was the primary reason for enacting legislation. Now, it seems the public has to fight to protect themselves from

undesirable effects of many laws imposed on society…

… in the Town of Kinderhook, Widewaters, a developer from Syracuse, is trying to ram a shopping mall down the throats of the local population. The carrot being dangled is the inclusion of a Hannaford supermarket. We need another supermarket, but many people don’t like Widewaters’ big-box approach or the location they propose.

Not too long ago, a committee appointed to produce a master plan (Comprehensive Plan) for the town completed their work and developed a document that was adopted by the town board. The town’s zoning code provides the mechanics by which this code is implemented.

Widewaters is playing games with the planning board. They want the design standards under the old code and the septic placement under the new code.

They tried to ram through a flawed environmental impact statement study, but fortunately the planning board told them "No dice!" Widewaters spokesman didn’t take the board’s refusal kindly.

The planning board, after ultimately accepting the Draft Environmental Impact Statement (DEIS), told Widewaters to prepare a supplementary document to address items that needed attention. Planning Board Chairman, Ed Simonsen stated that elevations have not been discussed and "There is no evidence that Widewaters desires to comply with the Towns design code." The planning board, however, determined that the Widewaters SDEIS (Supplementary Draft Environmental Impact Statement) is complete and ready for public comment.

The State Environmental Quality Review Act requires a 30-day minimum period for public comment and up to 60 days to be determined by the planning board. The board went for the full 60 days. The public can read the document being considered at either the Valatie or Kinderhook village libraries.

Was Widewaters through? Nope. They tried an end run by approaching the Town ZBA. Widewaters submitted an appeal to the ZBA on their roof pitch…

KNGG, Kinderhook Neighbors for Good Growth, is actively fighting Widewaters and it’s important for our community that they are. Their mission is to save Kinderhook from box malls and becoming a carbon copy of East Greenbush or Greenport. They wonder if the town is going to let Widewaters get away with black-topping 20 acres of farmland, blocking the Catskill views with box-like structures, and making 9-9H intersection worse than it is? Where is the law?

Clayton Van Alstyne is a former professional baseball player; educator for 35 years in New York, Massachusetts and the Netherlands; former Kinderhook Town Supervisor, and Op-ed columnist for 13 years .

April 29, 2003 - The Independent

Developer claims poll finds support

By: MATTHEW SHEEHEY 04/29/2003

KINDERHOOK--The Widewaters Group says its recent poll shows town residents support its proposed Hannaford Brothers market project by a two-to-one margin.

       The telephone poll, conducted April 14 and 15, asked people in Kinderhook, Niverville, and Valatie if they supported the food store planned for the intersection of Routes 9, 9H and State Farm Road here.
       Of the 348 people polled who said they were aware of the proposal, 57% approved, says Widewaters Project Manager Brian Long, who issued a press release on the poll April 28.
       Only 28% opposed the project, he says, while the remaining 15% were undecided.
       But Allen Schaefer, president of the anti-plaza group Kinderhook Neighbors for Good Growth, is suspicious of the survey results after conversations with those polled.
      
"Would you like to have a Hannaford in Kinderhook? Everyone would like to," says Mr. Schaefer, who believes the company's survey failed ask residents how they felt about the Widewaters proposal as a whole.
       His group argues the plaza design is out of scale with the rest of the area's businesses and potentially hazardous to motorists and walkers near the 19-acre building site, just up the road from the Ichabod Crane campus.
       Widewaters plans a multi-structure shopping center and restaurant with three access points to the highway as part of the $10 million Hannaford Brothers project.
       The DeWitt-based developer hired DataUSA of Connecticut to survey residents.
       Mr. Long says the poll results for Kinderhook, which has one supermarket, show an "overwhelming desire for additional food- shopping choice."
       When asked what they thought most important, he says, 44% of the supporters told DataUSA they wanted to see increased competition or thought the store was needed.
       Another 13% of supporters put convenience at the top of the list, says Mr. Long, while another 10% of people said the town of Kinderhook needs more businesses.
       Other reasons given for backing the controversial project include grocery bill savings, additional jobs, and customer satisfaction with Hannaford stores.
       "As a private-sector company, we can succeed only by sponsoring projects the community wants. Clearly, an overwhelming majority want a Hannaford supermarket at the location we've proposed," says Mr. Long.
       "We're gratified that the poll shows that the supermarket meets the community's needs. The people of Widewaters have worked long and hard to bring to Kinderhook the quality retail choice its citizens want and deserve," he says.
       Mr. Long says the Widewaters proposal places the development precisely where town officials decided to encourage retail growth when they adopted Kinderhook's Comprehensive Plan.
       But Mr. Schaefer says the proposed shopping center, which will require changes to the traffic flow here, is the wrong way to bring consumers more options and the town more jobs.
       "We've always said it's too big and in the wrong place. I don't think KNGG can say it's against what Widewaters wants to bring here, it's the way they want to do it and where they want to put it," says Mr. Schaefer.
       He fears the commercial development experienced by East Greenbush on Columbia Turnpike could come to Kinderhook if the town doesn't take necessary precautions.
       "The Comprehensive Plan is a very good plan and it was a first step, [but] unfortunately the zoning code does not follow it. I'd like to see less density and more of a restraint on the size and kind of businesses," says Mr. Schaefer.
       He hopes the recent formation of a committee to study the 9/9H corridor and the possibilities for future development there will help prevent suburban sprawl.
       Mr. Schaefer also worries the loss of farm land to build shopping plazas that could be empty someday like those in other parts of Upstate New York could cause irreversible damage to the town and the national food supply.
       He says KNGG has met with farmers to discuss alternatives to selling their land to developers, including the establishment of conservation easements.
       "Kinderhook is a national treasure. We've got to protect what we have," says Mr. Schaefer.

       Mr. Long, addressing concerns about increased traffic, says most of the minority opposed to the project based their objections to the perceived impact on local roads.
       "Widewaters recognizes that any retail development envisioned by the town for this tract, whether it be ours or another firm's, will alter highway traffic patterns," says Mr. Long.
       "That is why we have worked closely with the state Department of Transportation to develop improvements for the Routes 9/9H-State Farm Road intersection," he says.
       Those improvements will make the intersection easier and safer to use than it is today, says Mr. Long, whose firm is talking with the DOT about the possibility of constructing a traffic circle at the intersection.
       That and other road work will be funded entirely by Widewaters, he says.
       The structure of the survey and its questions included no prompting or information about the project, says Mr. Long.
       The ultimate decision on whether the developer can move forward, however, rests with the town Planning Board.

FOR A KNGG REBUTTAL ON POLL CLICK ON "Rebuttal Advertisement"under WIDEWATERS COMMONS

©The Independent 2004

FEBRUARY 21, 2003 - The Independent

Indian ghosts could haunt Widewaters site

By:MATTHEW SHEEHEY 02/21/2003

       While harvesting corn one day, Mr. Magee stopped the tractor out of the blue.
       "He saw something in the field and got off the tractor," says Mr. Simonsen, speaking of his introduction to archaeology at what is now Roxbury Farm.
       Mr. Magee, who lived into the 1990s but never had electricity or indoor plumbing in his farmhouse, gave the boy what he had found in the cornrow.
       It was an arrowhead, one of a myriad artifacts the state Office of Parks, Recreation and Historic Preservation thinks may be buried at a potential building site in another field just up the highway from the old Magee place.

       The state says the location of the Widewaters Group's proposed $10 million supermarket and shopping center at the intersection of Routes 9 and 9H here is a place where "multiple archaeological resources are present."
       So the Office of Parks requires what's known as a Phase I Survey of the 19-acre property by archaeologists as part of the town's review of the project.
       "Primarily prehistoric, some sites were identified in the early 1920s by then state Archaeologist Arthur Parker, while the majority of sites have been identified recently as a result of compliance under [the State Environmental Quality Review Act]," writes the Parks office in a letter to the Kinderhook Planning Board and other interested parties.
       "Your project has the potential to have an adverse effect on those or other previously unidentified cultural resources," the letter continues.
       Mr. Simonsen, the Planning Board chairman, was surprised by the news despite his earlier experience with artifacts hidden below Kinderhook's rich soil.
       "It came as a surprise to me, but if there are indeed archaeological artifacts out there, we have to find out," he says.
       The Planning Board was expected to discuss the state's request for a survey of the field at last night's meeting as part of a larger workshop on what ought to be included in the Widewaters Supplemental Environmental Impact Statement.
       That statement was ordered by the town due to new information about potential impacts of the shopping plaza on traffic, noise, and other aspects of life.
       So the archaeological survey may be included in the Planning Board's ruling on the scope of the supplemental impact statement Widewaters must complete.
       "If you read the letter, it's really addressed to us, so it's probably our responsibility to have this study done and be reimbursed by the applicant," says Mr. Simonsen.
       He has yet to be responsible for this type of study during his tenure on the board.
       But Scott Stull, the senior historic archaeologist at Hartgen Archaeological Associates in Rensselaer, works for a company that performed over 1,500 archaeological surveys across the state in the past two years alone.
       The work Hartgen does is required for any development that must win federal permits or approval under the State Environmental Quality Review Act by the National Historic Preservation Act and other legislation.
       A Phase I study, which the parks office wants for the Widewaters review, could take two months or more for a 19-acre construction site in a town like Kinderhook, says Mr. Stull.
       But it will cost Widewaters only $10,000 to $15,000.
       "In terms of the amount of money that's being put into a project, it's remarkably insignificant," says Mr. Stull, who lives in East Greenbush.
       "The cost for making sure other legislative requirements are met is far more. A traffic study costs more than an archaeological survey," he adds.
       But these studies must be planned well in advance.
       First a team of archaeologists performs a "sensitivity assessment" by walking a building site and reviewing any documents pertaining to the local historical record and any artifacts that may have been found in the area.
       The team then performs a lengthy series of subsurface tests by digging around by hand in search of objects or other evidence of a long-ago human presence.
       "Cultural deposits at an archaeological site are very distinct," says Mr. Stull. He looks for things like a stain left in the dirt by a post or a place where people may have done their cooking, which is how some area researchers recently discovered an Iroquois longhouse in the Mohawk Valley.
       And this part of Columbia County has plenty of things to dig up.
       "In Kinderhook you could find 17th century material, Dutch or Anglo-Dutch, anything from the 18th century or the 19th century," says Mr. Stull.
       "When you start looking at the prehistoric material, you could find anything from 10,000 years ago," he adds, citing the mastodon uncovered in Hyde Park two years ago.
       If someone like Mr. Stull finds something of significance at the Widewaters property, whether it's man-made or naturally occurring, they will call for further study.
       That could hold things up for the developer, but it's worth the wait, he says.
       "It's all about preserving the information that's there, because if an archaeological site is destroyed, it's gone forever," says Mr. Stull.
       Back down 9H, across from Kinderhook Toyota, the land where Mr. Magee made his living and found so many treasures won't be built up anytime soon.
       But if new businesses or housing ever sought to go there, they'd surely need to make sure archaeologists had a good look under the fields.
       "He had a house there that was loaded with Native American artifacts--arrowheads, tomahawk heads, spear points," says Mr. Simonsen of the boyhood neighbor who gave him the arrowhead that summer day in the corn field.
       Mr. Magee's cache of ancient hunting tools and weapons could be evidence of an important native settlement or burial ground in the Kinderhook area, he says.
       And that's why archaeologists need a look at the Widewaters site.
       Marco Marzocchi, spokesman for the developer, was unavailable for comment yesterday due to travel.

©The Independent 2004

WATCHING TV the other night we were struck by a brief report on a meeting in an Albany suburb. What's happening there, at least as far as we could determine from this one brief report, sounds strikingly like the battle raging in Kinderhook over yet another strip mall proposal.

      In the Albany area community, a developer wants to build a new strip mall on a piece of property zoned commercial. In Kinderhook, a different developer wants to build along Route 9 on land that's mostly in a commercial zone. In each community, a group of neighbors has turned out in force to block the proposal.
      The two communities are quite different in size and character, but the arguments advanced by both sides in both cases remind us that new forces are at work even at a time when it seems all upstate New York would welcome development with open arms.
      We start with the assumption that a new supermarket chain store would be good for Kinderhook, especially one that would take over the store that used to be part of the defunct Grand Union chain. The wholesale groceries company that now operates the market doesn't want to be in the retail business, but the Widewaters Group, which proposes a new plaza with a Hannaford Brothers supermarket near the intersection of Routes 9 and 9H, could not or would not occupy the existing plaza. That's a business decision we won't question.
      So why are some people up in arms? Both the Albany and local cases have schools nearby, which means parents are worried about increased traffic where their children ride, drive or walk. In the case of the Widewaters proposal, the plan has also set off alarm bells at the state Department of Transportation, which issued a blistering critique of flaws in the company's proposed traffic pattern.
      We assume the DOT pointed out deficiencies that should have been apparent from the outset. And that raises the question of why a developer as experienced as Widewaters would offer such a sloppy and potentially dangerous plan for traffic flow. Do other parts of the plan contain similarly ill-advised proposals?
      In the Albany area case as in Kinderhook opponents claim the developers have also ignored community standards, citing water supply, light pollution and sprawl.
      Some advocates of the plaza in Kinderhook believe these objections are ploys intended to derail a legitimate business enterprise in an approved location. They see the real source of the problem as a conflict with the aesthetic standards of an articulate minority. We've heard the opponents' concerns dismissed as a knee-jerk NIMBY reaction.
      We don't agree. The protesters in this case are middle-class, home-owning taxpayers. Their views on the scope and style of local development fall well within contemporary mainstream values. And one of the hallmarks of these values is a more cautious and skeptical appraisal of the impact of new development.
      What's more, the opponents represent precisely the group that tenants of the Widewaters project hope to attract as customers. A bitter fight over a flawed proposal that divides the community hardly seems the way to lure shoppers.
      We hope Widewaters will rethink its proposal, taking into consideration all the concerns expressed not only by the DOT but by residents worried about how this project will affect their lives.
      Eventually someone will build a new market somewhere in Kinderhook that is both an asset for the residents and quite likely a profitable venture. The historic architecture and magnificent views of the town, not to mention its attractive demographics, present an exceptional opportunity for some developer to create a model project tailored to the needs of the community. The key to realizing that goal lies in understanding that opposition to the Widewaters proposal is not marginal NIMBY whining; it is the voice of the market speaking loud and clear. The company would be wise to heed it.

©The Independent 2004

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