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Sunday, June 23, 2019

Ballston GOP members endorse Connolly, Curtiss and Solberg


Ballston Republican Committee members speak out against GOP mudslinging by Szczpaniak and Goslin and endorse their challengers Connolly, Curtiss and Solberg in the June 25th Republican Primary.

A schism is taking hold of the Republican committee in Ballston as some members openly criticized the current smear campaign targeting Republican challengers. Breaking away from the committee chair, Sarah Wood, a growing number of committee members are coming forward to complain about the lack of focus on relevant issues, lawbreaking and lost lawsuits against Town Supervisor Tim Szczepaniak and Council Member Bill Goslin.  It is rumored more members have spoken out behind the scenes threatening to make their stories public as well.

Below are two recent letters to residents from Ballston Republican Committee members.

          The mud-slinging by the Ballston Republican Committee in the primary campaign for town supervisor and council so disappointing.  We see this kind of behavior at the national level – it is appalling that it would occur in our own town.  It is demonstrative of why so many people stay out of politics.  The primary challenge by Eric Connolly, Peter Solsburg, and Chuck Curtiss is the result of the town board’s recent actions that violated state law in agricultural district #2.  Chuck was on the board at the time and he, along with Republican John Antoski, voted against the measure, but was overruled by the Republican incumbents.  Note that the state sued and won in an appeal.  The challengers and their supporters know that in 2022, district 2 could be recast and valuable farmland could be pulled out for development. The primary campaign should have centered on a dialogue around this issue – whether Ballston wants to develop farmland – but instead, the establishment has engaged in smearing the challengers, who are well-respected members of our town and community.  What is frustrating is that the incumbents are respectable people who are better than this – and even more frustrating is the fact that there has been no meaningful discussion of the issues.  The incumbents turned down an invitation to debate the issues, to the detriment of the voters.

-Lisa Donovan
Town of Ballston Republican Committee Member


It’s time for a change in Ballston.

My wife Katie and I have been residents of the Town for 23 years, and I’ve been a member of the Town Republican committee for the last three.  I’m supporting Connolly, Curtiss and Solberg because I believe it’s time for fresh leadership in our town, and I know these gentlemen will bring conservative principles, integrity, energy, a fresh perspective and inclusiveness in their respective roles.

Ballston has been a divided town for too long.  I think these three offer us an opportunity to come together and work toward a future with sustainable growth while maintaining our rural character as much as possible.  

Peter Solberg was endorsed by our committee this year and Chuck Curtiss had been endorsed in 2015.  I find it disappointing to see them being attacked now by the party leadership, along with the negative tone of the overall campaign against them.   I believe that incumbent candidates should run on their record rather than try to tear down their opponents. And I am disappointed that our leadership chose to decline an invitation to debate the issues.  

Tim Szczepaniak and Bill Goslin are nice guys, but our town has had too many lawsuits against it, and too many residents who feel that their voices are not being listened to, during their time in office.  As a conservative Republican, and as a committeeman, I don’t advocate for turning out incumbents without a good reason, and without strong alternatives.  It’s my opinion that Ballston Republicans are justified in making a change this year.

-Jim Fischer
Town of Ballston Republican Committee Member    

Thursday, June 13, 2019

June 2019 Smart Growth Ballston Report

SMART GROWTH BALLSTON REPORT
In its entirety released by Smart Growth Ballston
June 2019
REPORT:
Town of Ballston Candidates Respond to Smart Growth Ballston 2019 Platform Dateline: Ballston, June 11, 2019

Smart Growth Ballston (SGB) asked the candidates running for Ballston Town Supervisor and Town Board for their positions on policies for encouraging “smart growth”* in Ballston. SGB would like to thank the candidates for providing their positions on these policies, and for the evident time and energy they put into their responses. SGB believes smart growth is one of the most important issues facing Ballston at this pivotal time in its history. SGB urges voters to consider the candidates’ positions below when deciding who will best protect and promote Ballston’s rural and small town quality of life.

In order to facilitate comparison, and to fit within the limited format of a newspaper article, SGB devised a score sheet. Readers are strongly encouraged to read the candidates’ full responses below so they can draw their own conclusions. Scoring is inherently a subjective exercise, and small differences are not necessarily significant. For the scores below, the SGB steering committee conducted independent ratings and the scores presented are the pooled consensus. Though the absolute scores can be debated, we believe the scores reflect the relative dispositions of the candidates towards the smart growth agenda outlined below.

Candidates were asked their opinions on the following positions:
Within one year of assuming office -
  1. Eliminate all Planned Unit Development District (PUDD) zoning in the town of Ballston. In the mixed-use districts, zoning should only allow village-scale, mixed-use development in the commercial centers that is visually and functionally consistent with the existing historic village and hamlet in Ballston.
  2. Set a size cap of 40,000 square feet for building footprint in the Mixed Use North with the possibility of up to 60,000 sq. ft. with the purchase of Transfer of Development Rights from sending areas. Require that no commercial retail building will exceed the 60,000 sq. ft. size cap in the Town of Ballston.
  3. Require all residential and commercial development to contribute to a sidewalk/crosswalk fund, based on project size, to be used to build pedestrian access and connectivity (similar to the current parks and rec fee).
  4. Add additional protections for wildlife - Change zoning to increase buffers for all streams from 50 to 100 feet. The buffer between buildings in conservation subdivisions and primary conservation area should be increased from 100 ft. to 200 ft. Language should be added to require that trees older than 100 years should be disturbed to the least extent possible.
  5. The new proposed zoning allows a potential 280% increase in residential units and a 1,014% potential increase in commercial square footage. Do you think these potential build-out totals should be decreased? If yes, how would you propose to do so?

Candidates were scored according to the following formula: In favor of the policy = +1
CANDIDATES TOTAL SMART GROWTH SCORES
(Total potential range of scores is -5 to +5. Actual range is -1 to +4.5)
Favorably open to it, but not committed to the specifics as presented = +0.5 Non-committal = 0
Tending to opposition = -0.5 Opposed = -1

CANDIDATES TOTAL SMART GROWTH SCORES

(Total potential range of scores is -5 to +5. Actual range is -1 to +4.5)

Conclusion: In the Republican primary race for Town Supervisor, Mr. Connolly appears to be significantly more amenable to the proposed smart growth policies than incumbent Supervisor Mr. Szczepaniak. Rather than put proposed smart growth policies into law to address development in a uniform and comprehensive manner in the Town of Ballston, Mr. Szczepaniak’s general approach, as reflected in his comments below, is to ask residents to trust the Town Board to make case by case decisions on development projects as they arise.

Smart Growth Ballston would argue that this approach has resulted in the approval of projects that were clearly contrary to the preferences of Ballston residents as expressed in the Comprehensive Plan, such as the Rossi/Walmart Planned Unit Development District (PUDD), and the Katz PUDD. This piecemeal approach also increases the risk that the Town will be sued by developers and other entities who feel that the Board is acting capriciously, and not in accordance with the law, as has occurred with NYS Ag. and Markets, and with Dolomite.

In the Republican primary for Town Board, the scoring was closer. Both incumbents and challengers agree with imposing lower size caps, eliminating all PUDD zoning, and promoting pedestrian-friendly streets. These are significant commitments moving forward for whomever should get elected.

In addition to responses on the above policy proposals, primary voters should consider Board candidates’ positions on issues that have come before the Board. Mr. Goslin believes the proposed new zoning should be approved and then further revised. Mr. Szczepaniak’s interest in revising zoning beyond the current proposal is unclear. Connolly, Curtiss and Solberg all believe the proposed zoning should not be passed, there should be a moratorium on major development, and the process should start anew.

Mr. Goslin voted for the Katz PUDD, which has resulted in a pending lawsuit by NYS Ag. and Markets, while Mr. Curtiss voted against. Mr. Solberg says he is also against the Katz PUDD. Mr. Goslin has

advocated for a sidewalk plan from his seat on the Board. All three Board candidates have incorporated some smart growth goals into their approach to development.

Based on candidates’ responses, and, for incumbent candidates, their voting record, Smart Growth Ballston endorses the three Republican primary challengers over the Republican Party-endorsed incumbents. Mr. Szczepaniak’s team has promoted development that is not congruent with the Comprehensive Plan’s emphasis on maintaining Ballston’s small town/rural character, which is the preference of the majority of residents. In addition to not adequately respecting his constituents’ smart growth preferences, Mr. Szczpaniak’s approach has not paid sufficient attention to matching development with the limits of the Town’s existing infrastructure, including street congestion in the northern district, and water supply in the agricultural district. The old ‘trust us’ approach has not worked.  It is time for new leadership.

Candidates’ Responses, with Scores

Policy 1. Eliminate all PUDD zoning in the town of Ballston. In the mixed use districts, zoning should only allow village-scale, mixed-use development in the commercial centers that is visually and functionally consistent with the existing historic village and hamlet in Ballston.

Town Supervisor Candidates

Tim Szczepaniak, Current Town Supervisor: The town of Ballston is comprised of numerous villages and hamlets. It is prudent on the part of the town board to recognize each unique part of our town and especially when considering projects to keep the visual and functional components of said areas of town before making any decisions. We are in the process of eliminating Planned Unit Developments, except in business zones. As we always have, we would thoroughly vet any proposal before the town board and strongly support public input, through public comment periods, meetings or workshops to solicit community feedback. We are one of the only town board’s in Saratoga County – and the Capital Region – that has had referendums to let our citizens choose their own destiny when it comes to their town. This truly is how democracy is supposed to work. -0.5

Eric Connolly, Supervisor Candidate: As a group we have previously agreed that an immediate moratorium on all PUDDs is of utmost importance. A moratorium is the first step towards complete elimination. It is time to get specific on what we are looking for in terms of development and development style. The Town Comprehensive plan outlines some specifics on building design/style, but I believe we would benefit by adding to these guidelines. +1 

Town Board Candidates, Alphabetically

Chuck Curtiss, Incumbent Candidate: I believe PUDDs need to be eliminated, including those in the commercial area as well. PUDDs are a tool used and often abused by developers to do whatever they want and to legally get away with it. But in my opinion, it is not a tool that can be

used to the Town's advantage. Our goal should be a more consistent, visually functional appearance - keeping with the small-town feel. With the PUDDs gone, we close a loop-hole which is counterproductive to our goals. +1

Bill Goslin, Incumbent Candidate: I feel it is time to eliminate all PUDD zoning. We should perhaps consider a provision that could allow for some variance for an application that can show a community benefit like a “sports dome.” The concept of PUDD trumping existing zoning needs to go away.
I am also in favor of an immediate ban on large apartment complexes. These are fast becoming the breeding ground for crime and drug addiction. Maximum 6 units per building. I am also in favor of eliminating 3 story buildings in North Zoning (unless there is a way to compliment Ballston architecture). I believe that local residents in the area should decide what the northern zone should look like, which I believe should complement the village. +1

Peter Solberg, Board Member Candidate: Remove PUDD's and Senior Living Districts. These concepts of ad-hoc zoning dilute the effectiveness of the TDR (Transfer of Development Rights) and can be detrimental to the prosperity of the town as determined by only 3 people (majority on the Town Board). I support a moratorium on day 1 on all Major Subdivisions, PUDD, Senior Living Districts, and Commercial over a threshold. This moratorium would be for 18 months while zoning is repaired and reflects the Comprehensive Plan, Farmland Protection Plan, and comments made during public hearings. Excluded from the moratorium are site plan reviews, lot line adjustments, single family homes, and zoning variance requests. +1

Policy 2: Set a size cap of 40,000 square feet for building footprint in the Mixed Use North with the possibility of up to 60,000 sq. ft. with the purchase of Transfer of Development Rights from sending areas. Require that no commercial retail building exceed the 60,000 sq. ft. size cap in the Town of Ballston.

Town Supervisor Candidates

Tim S.: The town board has a duty and obligation to consider projects based on their merit, which most importantly includes the level of community and town benefit from any given project proposal. As Ballston continues to become more attractive to residential and commercial developers, we have a unique opportunity to establish parameters that benefit Ballston the most, including but not limited to projects that: help grow and maintain our tax base to ensure Ballston remains town and highway tax-free; create community partnerships; and create jobs for our town residents, while balancing our desire to maintain the rural character of the town. -1

Eric C: 40,000 sq. ft. allows for a supermarket but stops a mega store like Lowes or Walmart from crushing smaller competitors. We need to protect our small family owned businesses from these giant corporations. We are 100% in favor of a strict TDR system. The challenging part will be to gain a consensus on specific receiving zones. A TDR system cannot work if it is voluntary which is what the current leadership is proposing. I would be in favor of a 60K cap. +1

Town Board Candidates, Alphabetically

Chuck C: I think a square foot maximum of 45,000 is appropriate for our community. A sliding scale gives a developer a case to argue the specifics of this maximum. And often, those situations end up in court. +1

Bill G.: Okay with these limits, unless overruled by a local committee formed to review northern zoning. +1

Peter S: I would support limiting commercial retail to under 60,000 sq. feet. I do agree that the scale & calculation that results should be tied to TDR. +1

Policy 3: Require all residential and commercial development to contribute to a sidewalk/crosswalk fund, based on project size, to be used to build pedestrian access and connectivity (similar to current parks and rec fee).

Town Supervisor Candidates

Tim S: The town of Ballston diligently seeks to partner with developers who will be good and responsible stewards to their neighbors, who see the bigger picture of giving-back and investing in the community they are helping shape for our future. Whether dealing with pedestrian access, road enhancements, beautification of our land, or investment in our parks, the current town board feels comfortable to continue partnering with developers to help better and more efficiently connect our town while maintaining its charm. 0

Eric C: We certainly would be in favor of supporting a walkable community. Our Comprehensive Plan calls for a planting buffer to be built between the road and the sidewalk. A “build to” line with this type of sidewalk layout keeps everyone safe and provides a more aesthetically pleasing feel to future commercial/mixed use development. Having specific required funds that developers must contribute to just makes sense. I would support this type of measure. +1

Town Board Candidates, Alphabetically

Chuck C: Yes. There definitely should be a separate, mandatory fee to fund sidewalks and trail connectivity that developers and builders pay into. It should be similar to but separate from the current Parks and Rec fund fee. +1

Bill G: I think the concept is good but illegal (can’t force someone who will never have sidewalks to pay for yours). The rules around such a fund are tightly controlled and we barely sneak by with our current fund. I would support a similar fund for infrastructure (I think that is legal) which could possibly be used for sidewalks.
I should mention that sidewalks are not cost-prohibitive. Let's create an immediate sidewalk fund from fund balance. It is not expensive if you create a master plan and work on it over a number of years. Grants are also available. +1

Peter S: Yes, I would support funds for both sidewalks and lighting from development of both residential and commercial. The requirements would be limited to specific districts where the sidewalks and lighting would reside. A sidewalk district should be made along with a north and south hamlet sidewalk plan. The district should consider ongoing maintenance and snow removal
- if that is to be offloaded to residents or placed as a tax burden. This again, should be open to the public for review. +1

Policy 4: Add additional protections for wildlife - Change zoning to increase buffers for all streams from 50 to 100 feet. The buffer between buildings in conservation subdivisions and primary conservation area should be increased from 100 ft. to 200 ft. Language should be added to require that trees older than 100 years should be disturbed to the least extent possible.

Town Supervisor Candidates

Tim S. Without seeing any official resolution language, I could not make an exact commitment. But the spirit of this question I can wholeheartedly support and would encourage my fellow town board members to do the same. +0.5

Eric C: I wholeheartedly agree. I would take this a step further and increase the setback line for all wetlands. In our Town you can currently build right up to wetlands. No buffer at all! This is what went down in the development that I live in (Stonebridge) and as a result we have had significant storm drainage issues for which the Town has no answer. +1

Town Board Candidates, Alphabetically

Chuck C.: Due to more environmental issues like pollution in all forms, the stream buffers should be a MINIMUM 100'. I believe this a step in the right direction to save one of our most precious resources-water. The buffers here really should be a minimum of 200'. In reality that's not much of a buffer either but it is a step in the right direction. As far as older trees, yes they should be respected and such. However, they need to be managed. Diseased and dying trees of any age need to be managed accordingly. When a tree or trees are harvested it should be mandated that new trees are transplanted in their place. This is a positive effort in conservation. +1

Bill G: I believe stream buffers have been increased in our proposed zoning.        I would support 100 ft buffers based on the type of stream. Some “smaller” streams should not require a 100’ buffer as it could make a parcel unusable. Balance is the key. I should mention that stream buffers are really designed to protect water quality, the wildlife protection is a side benefit. +0.5

Peter S: The stream buffers should be expanded to 100 feet for both DEC and Federal wetlands. Farm buffers should be clearly defined: 500 feet without remediation; Minimum 250 feet with remediation. Remediation includes berms, old growth trees, and other recommendations from FLPPC, Ag & Markets, and other such relevant and credible sources. +1

The new proposed zoning allows a potential 280% increase in residential units and a 1,014% potential increase in commercial square footage. Do you think these potential build- out totals should be decreased? If yes, how would you propose to do so?

Town Supervisor Candidates

Tim S. Ballston is becoming a quickly-coveted town for residential and commercial development. We have a tremendous amount to offer families, from exceptional schools, to low taxes, to convenient access to highways, retail, and greenspace. The current town board works extremely hard each day to be diligent and thoughtful in our decisions to strike the right balance with smart growth, both residential and commercial. As a town board we have worked to prohibit three story buildings in Burnt Hills and are currently working on new zoning to permanently ban the ugly large apartments which do not fit the character of our town. Again, current zoning laws allow for those potential increases, but as mentioned, any project proposal would be up for discussion and dialogue amongst the town board and town residents. 0

Eric C: I believe that a specific mandatory TDR system will greatly reduce both of these numbers while preserving Ag District 2 and open space land. +.5

Town Board Candidates, Alphabetically

Chuck C: When build-out numbers like this, 3-fold and 10-fold come to mind, it just shows how out of control development really is. To decrease the residential increase, the minimum single-family lot size should be increased to 4 acre lots. This will slow that down substantially. By eliminating the PUDDs, putting a cap of 45,000 sq. ft. on all commercial building, and absolutely no commercial in the rural zone of State Route 50 - this is the area from Anderson Boat north to Charlton road. This should slow down and discourage commercial development. +0.5

Bill G: I support your 40K to 60K proposal. I am in favor of an immediate ban on large apartment complexes. These are fast becoming the breeding ground for crime and drug addiction.  Max 6 units per building, 1 building per acre. I am also in favor of eliminating 3 story buildings in North Zoning (unless there is a way to compliment Ballston Village architecture). +0.5

Peter S: As for the development build out percentages, I believe they are actually low estimates. I am NOT for this volume of development. I want to create supportive zoning and easement models to significantly reduce our density. I would like to look at TND's (Traditional Neighborhood Design) and Conservation Subdivisions and reduce density on those. I would look
at increased minimum lot size for the rural area, hamlet, and also in the watershed overlay district. I would like to reduce new home development significantly while trying to promote revitalization of existing homes in our community…We should promote uniqueness in our natural assets (open space, trail systems, lake). +0.5
*What is Smart Growth?
10 Principles of Smart Growth

1.      Mix land uses.
Each neighborhood has a mixture of homes, retail, business, and recreational opportunities.

2.      Take advantage of compact neighborhood and green building design.
Residents can choose to live, work, shop and play in close proximity. People can easily access daily activities, and local businesses are supported. Green buildings and other systems can save both money and the environment in the long run.

3.      Create a range of housing opportunities and choices.
People in different family types, life stages and income levels can afford a home in the neighborhood of their choice.

4.      Foster distinctive, attractive communities with a strong sense of place.
Each community is unique, vibrant, diverse, and inclusive, with a sense of history.

5.      Preserve open space, farmland, natural beauty, and critical environmental areas.
Development respects natural landscape features and has higher aesthetic, environmental, and financial value. A secure and productive agricultural land base provides food security, employment, and habitat, and is maintained as an urban containment boundary.

6.      Strengthen and direct development towards existing communities.
Investments in infrastructure (such as roads and schools) are used efficiently, and developments do not take up much new land.

7.      Create walkable neighborhoods.

8.      Provide a variety of transportation choices.
Neighborhoods are attractive and have safe infrastructure for walking and cycling, in addition to driving. Public transportation is well-developed.

9.      Make development decisions predictable, fair, and cost effective.

10.   Encourage community and stakeholder collaboration in development decisions.

Adapted from Smart Growth BC: www.smartgrowth.bc.ca and

Thursday, June 6, 2019

REPUBLICAN PRIMARY JUNE 25TH


  2019 REPUBLICAN PRIMARY  
Tuesday, June 25, 2019
Voting 12:00pm to 9:00pm

It is time that all Registered Republicans choose which candidates are on the ballot line in November.  Please VOTE on June 25th.

The Town of Ballston Has 9 Districts.
Your polling place is listed below by district.

Town of BALLSTON voting polls
District 1  Doubleday Woods, 91 Church Ave
District 2  Ballston Town Hall 323 Charlton Road
District 3  Ballston Town Hall 323 Charlton Road
District 4  Burnt Hills Methodist Church, 816 Route 50
District 5  Our Lady of Grace Church, 73 Midline Road
District 6  Burnt Hills Community Library 2 Lawmar Lane
District 7  County Office Bldg 40 McMaster Street
District 8  Ballston Town Hall  323 Charlton Road
District 9  Ballston Town Hall 323 Charlton Road

If you do not know what district your are in, you can check HERE


You can see the sample ballot on-line HERE for full screen view.

It has been far too long since Republicans in the Town of Ballston have had a choice.  Now is the time for a change.

Absentee voting is available. Deadlines below:
June 18        Last day to postmark application for primary ballot.
June 24        Last day to apply in person for primary ballot.
June 24        Last day to postmark ballot.
June 25        Last day to deliver primary ballot in person to county board

Find the absentee ballot application HERE

_____________________________________________________

The candidates that Ballston Neighbors United endorsed are:
Eric P. Connolly for Town Supervisor
Charles B. Curtiss for Town Council Member
Peter J. Solberg for Town Council Member
Connolly, Curtiss and Solberg also endorsed by:
Ballston United, Knight Orchards, BNU, Smart Growth Ballston, all members of the FLPP Committee, and some members of the Ballston GOP

Click below to learn more about these candidates:

Video Series: Issues that impact the Town of Ballston

Watch Town Supervisor Candidate Eric Connolly talk about issues that impact our town.

In these series of videos, Connolly covers the The Comprehensive Plan, NYS Ag Ditrict #2 , threats to our farmland, the pressure from developers and Supervisor Szcezpaniak being sued by the NYS Agricultural Commissioner.

Ballston Neighbors United applauds his efforts to inform Ballston residents and we are looking forward to more from Eric Connolly. Click below to watch the series of videos






Eric P. Connolly is a 2019 Candidate for Ballston Town Supervisor.  Eric and his wife have two sons and they live on Lancaster Court in Ballston Lake.  Eric grew up here and cares about our town.


2017 Town of Ballston and Supervisor Szczepaniak sued by NYS Agriculture Commissioner



The article below, written two years ago, pretty much sums up how three of the five board members are not following Ballston's Comprehensive Plan.
The Town of Ballston's Comprehensive Plan was developed by, voted on, and reflects the will of the residents.  The member of the town board must most uphold the wishes of the residents and the intent of the Comprehensive Plan to keep Ballston's rural character.


Town may be in hot water
State sues Ballston Town Board over water line
Published in The Daily Gazette newspaper March 1, 2017
Written by Ned Campbell

The Ballston Town Board is being sued by state Agriculture Commissioner Richard Ball for voting last year to extend a public water line meant for agricultural development to a 12-home subdivision off Goode Street — and persisting after receiving multiple warnings from the Department of Agriculture and Markets. 

Filed Tuesday in state Supreme Court in Saratoga County, the suit seeks a permanent injunction from a judge barring the public water line connection. It names the town of Ballston and Supervisor Tim Szczepaniak as defendants. 

The board’s May 31 vote to give the Falconer Lane subdivision access to town water “would permit conflicting land use patterns … by facilitating and stimulating non-farm growth in the agricultural district,” states an order from the Ag department served to the town on Sept. 20, which is included in the lawsuit. 

The suit was filed after the town notified the department of its intent to move forward with the water line extension — first on Nov. 21 of last year and again on Feb. 21, when the Town Board passed a resolution to file a final notice of intent to proceed.

The latest resolution ignored a Dec. 20 letter from the state department saying the work would constitute a “lateral extension of water service form the restricted water main,” the suit states. 

Lateral water connections for non-agricultural development were restricted by the Town Board in 2004, according to the suit. The water main runs along the west side of Goode Street.

“In connection with the town’s efforts to minimize adverse impacts of [the water line] to farm operations within the agricultural district, the town adopted a lateral restriction policy which limits water connections to agriculturally-related uses and existing non-agricultural uses,” the suit states. 

Reached Wednesday, Szczepaniak declined to comment on the suit. He suggested the Falconer Lane subdivision would be moving forward, however. 

“They’re going to be breaking ground here shortly,” he said. 

The town Planning Board previously approved the subdivision to be built with wells, not public water, according to a footnote in the lawsuit.

According to minutes from the meeting when the board approved the lateral hookup for the Falconer Lane subdivision, Szczepaniak, who voted in favor, said he consulted with the town’s attorney and “we are doing everything legal.”

“He looks at the word ‘limiting’ laterals,” Szczepaniak said in the minutes, which are included in the lawsuit. “It does not say ‘excludes.’”

Councilman William Goslin, who also voted in favor, said it would be “poor government” not to provide the developer with public water “since he was told to further develop the project,” according to the minutes.

Councilman John Antoski, who voted no, said “two wrongs don’t make a right,” according to the minutes. “As it stands now, the prior resolutions are what we should adhere to.”

Councilman Chuck Curtiss, who also voted no, said extending the water line to the housing project in the agricultural district would contradict the town’s comprehensive plan.

In defending her “yes” vote, Councilwoman Kelly Stewart said the development would be built with or without public water.

“It prevents residents coming to the town board years from now saying they have no water due to bad wells and need to hook up to town water,” she said.

-by Ned Campbell
Daily Gazette

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