The Ballston Town Board unanimously voted a Ballston Lake Watershed Protection Overlay District into law at the Tuesday, Feb. 3, meeting, bringing to a close more than two years of debate over the effort to bolster regulations on what goes into the body of water.
Formerly known as the Ballston Lake Overlay District (BLOD), the district encompasses properties in which at least 25 percent the land drains into the lake. The board made amendments to the town’s storm water management and illegal discharges regulations to allow local government to levy penalties for the discharge of pollutants and place limitations on future building projects within the district.
Pollutants include paint, automobile fluids and sewage. Over the past few years, concerns have been raised about the water quality in Ballston Lake, leading to the long process that culminated in Tuesday’s vote.
Councilman Tim Szczepaniak said that he has received many comments from residents in support of the regulations. My commitment to all residents of this beautiful town we live in is to vote for what is right, he said, before casting his affirmative vote.
The law recently had an appeal process added for residents who do not believe their property should be included in the district, and it will be used immediately. Resident Rocky Palma, who owns a property on Scotch Bush Road, has already had his land examined by Building Inspector Thomas Johnson and C.T. Male, the town’s engineering firm. Last week, they told him his land should not be in the district after touring it with snowmobiles.
To redraw the map again would mean a third public hearing, a circumstance the board wished to avoid. Instead, as per the appeals process, Palma will make his case to the Planning Board later this month, which will advise the Town Board on whether to redraw the map or not.
After much discussion, a resolution was passed to waive any fees associated with the process for Palma. Future applicants will have to pay for any cost the town incurs in investigating their property, including engineer’s fees.
`All of the provisions you have now require that the applicant provide the burden of proof,` said Town Attorney Murry Brower during the discussion of the appeals process.
`I’m happy for my property,` said Palma after the meeting. `As for my fellow citizen who fell within that development district, I think that he’s going to hurt.`
The district boundary has been contended before, leading to several revisions to the map. It was drawn using Geographical Information System (GIS) satellite images that do not take into account manmade culverts and other features, and the software sometimes makes assumptions about water runoff that do not always translate to reality.
`When we actually got out there and walked it, we found that technology isn’t a perfect thing,` said Councilwoman Mary Beth Hynes, who has spearheaded the drafting of the map and legislation.
The town has been walking property lines and considering appeals since a summer public hearing when the issue was brought up.
Though Ballston contains about 85 percent of the lake’s shoreline, the neighboring Town of Clifton Park has the rest. In the past, Clifton Park Supervisor Philip Barrett has said that he is open to going over Ballston’s protection measures if and when they pass. Town officials said a meeting is already being set up for sometime in the coming week.
The new map and laws are available for review at Town Hall, or under the `News` section of the town’s Web site: www.townofballstonny.nycap.rr.com.
The Town Board also accepted the resignation of Michael Willwerth from the Jenkins Park Advisory Board. There are now two slots open on the board, and interested residents who live in the park district can contact Chairman Lynnette Ziskin at 384-3737.
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