Overturning a decision issued in September, State Supreme Court Justice Thomas D. Nolan issued a nine-page ruling Wednesday, Nov. 22, saying the city of Saratoga Springs can send its experts onto property along Saratoga Lake.
The city wants access to the property to finish tests, mandated under the state’s Environmental Quality Review (SEQR) process, related to its plan to use the lake as a water source.
The city was seeking access under eminent domain laws to conduct the tests, which include shovel tests, wetland identification, digging trenches, soil borings, surveys and appraisals.
The city water system has been criticized by the Saratoga Lake Association, a group of homeowners on and around Saratoga Lake. Earlier this year, the association sought a ruling in the matter, holding up the city’s access to lake properties.
At that time, Nolan ruled in favor of the Saratoga Lake Association, overturning the city’s environmental review for its Saratoga Lake water supply project. Nolan said the city did not consider the impact on the lake’s watershed, and that the city should have studied development in the lake’s watershed in determining whether the lake would remain an acceptable drinking water source.
The city failed to give due consideration to the environ-mental impacts the Saratoga Lake proposal, if implemented, would have on activities, land use and development with the lake’s watershed in conducting the environmental review for the project to tap the lake as a supplemental drinking water source, Nolan said.
In the past few months, residents have pleaded with the Saratoga Springs City Council to sign on to the Saratoga County water plan. Many called the city plan a waste of taxpayer money, and said it is only going forward over the objections of property owners. The city had sued 13 property owners for access, according to court documents.
But Bill McTygue, director of the Public Works Department, said the city is acting in accordance with the wishes of its people.
`This community has not shown any desire to bring water from the Hudson River,` he said. `The county plan is without customers.`
As of press time, the county has verbal agreements, but not contracts, to sell water to the town of Ballston and Wilton. Clifton Park had previously agreed to buy water, but has yet to sign a contract.
McTygue said he is happy with Nolan’s most recent decision to let the city finish archeological and other site tests to complete the SEQR documents. He noted the court’s decision only allows access to the property. The Department of Environmental Conservation and state Health Department would still have to approve a permit to use Saratoga Lake as the city’s future water source, he said.
`We’re preparing to move ahead with the various site tests,` McTygue said. `We’re hoping for good weather to complete the site investigation before winter sets in.` Once the contractors are on site, the investigation could be completed in several days, he said.
Saratoga Lake Association President Wilma Koss said she thinks the city should wait to do the tests until next year. She said she doesn’t know why the city didn’t perform these tests at the beginning of the process.
`They have permission, but there is no rush to do it now,` Koss said. “