Neighbors of a proposed 12-lot subdivision in New Scotland fear their existing drainage issues would only worsen with new construction, but town officials and the developer claim the opposite is true.
The crowd at the Tuesday, May 7, New Scotland Planning Board meeting overflowed into the hallway as residents turned out to express their concerns about the project at a public hearing. The 31.4-acre parcel in question is zoned Residential Agricultural and is near the corner of Picard and New Salem roads. MJ Biernacki Builders, LLC, owns the parcel and is seeking preliminary plat subdivision approval.
Planning Board Chairman Charles Voss moved to keep the public hearing open and extend it to the board’s next meeting on June 4 because of the large turnout at the meeting.
“We heard a lot from the public, there is a lot of flooding concerns, and we have looked at this project from pretty much all angles,” Voss said. “We agree there are flooding issues everywhere across the town … our job is to ensure this project does not contribute to that.”
Stormwater stokes worries
Under the proposal, there would be two lots to the south of Route 85A, with the remaining 10 to the north of the road. Seven lots would face Picard Road and the remaining five would face New Salem Road. There is also a small parcel of land Mike Biernacki is negotiating with town officials to acquire. This wouldn’t become another lot, but would be added to an adjacent lot.
Development would be limited primarily to an inactive cornfield. The project was scaled down from 15 lots to 12.
Joe Bianchine, of ABD Engineers & Land Surveyors and representing the developer, said the homes would be set back to “take advantage of the views” and only one of the dozen homes would be located in the wooded area. Driveways would cut through the wooded area. No federal wetlands would be disturbed.
There are several methods proposed to control drainage of the lots, such as infiltration basins and grass swales. There would be four main drainage areas, with water draining to a stream along the north portion of the property or into wetlands, all branching into Vly Creek, then into the Normans Kill and finally the Hudson River.
Public, officials diverge on impacts
Voss said the state Department of Environmental Conservation requires all stormwater from a site to be maintained or mitigated on site. Voss also said the state requires such a development to not increase the amount of stormwater runoff.
“We have been working very closely with this applicant on coming up with some creative solutions to make sure that certainly happens,” Voss said.
John Kiernan, who lives on New Salem Road north of the proposed subdivision, said the state has been unresponsive to his letters about flooding issues on his property.
“If we get snow and rain at the same time … I end up with two-and-a-half to three feet of water in my backyard that comes right up to the deck of my house,” Kiernan said. “Personally, I don’t care how many houses they build. … I am just tired of getting flooded out and I don’t want more water added to my problem.
David Gibson, also a property owner on New Salem Road, confirmed Kiernan’s remarks and added any addition to stormwater would affect wetlands.
Shane Gonyea, also of New Salem Road, asked who would be held responsible if his home flooded due to drainage issues created by the project.
“Literally, on the last hurricane, if the water moves one foot, exactly one foot, my house would be flooded,” Gonyea said. “Who is to be responsible if my house does flood?”
Voss said the town’s engineers have confirmed the developer’s stormwater management plan is effective, but he said the culvert by Gonyea has had a longstanding problem. If the town was found to have caused flooding through approving the plan, then the municipality could be held liable.
“That’s why we take a very careful review of the project,” Voss said. “We are taking a long time to look at this … we have been very careful.”
Voss said when a devastating storm like Hurricane Irene hits the town, “everyone’s systems will fail.” Voss restated that the DEC “will not allow the project to create any additional problems” with stormwater runoff.
“The flooding that is occurring down near you folks is caused by multiple different sources. This in the past may have contributed to that because of the runoff from the cornfield … a barren, plowed cornfield actually creates more runoff than a meadow or grassy surface,” Voss said. “As that cornfield stays in its current form it is literally contributing not only to increased runoffs … it is also increasing the sedimentation and the nutrient loads to the wetlands, which are adversely affecting those wetlands.”
Most homes would need wells
Five homes, primarily along Route 85A, are approved to obtain water service from the Village of Voorheesville pipeline. The other seven lots along Picard Road would use private wells. All of the houses also would use septic systems.
Bianchine said two test wells were dug and produced “plenty of water,” more than 20 gallons per minute, and the quality was good. Town Building Inspector Jeremy Cramer said the area is known for holding a good quantity and quality of water.
Residents asked why the developer wasn’t extending the village’s water line to service the remaining homes and Voss said it was cost prohibitive. He added there is no concern about a loss of water to surrounding homes with more private wells in place.
Valerie Glover, of New Salem Road, said she “would be concerned” about her water supply if she were a neighbor of the development.
Bianchine said to extend water to the seven homes would roughly cost $25,000 to $30,000 per home and those homeowners would also pay higher rate, since they would be a town resident using the village’s water.
“There shouldn’t be any issue with water. There is plenty of separation between the wells and the septic systems,” Bianchine said.
A touchstone for townwide conversation
If the Planning Board were to close the public hearing at its next meeting and approve the preliminary plan, then the final plan would still have to be approved and another public hearing would likely be held, Cramer said.
Documents are available on the town’s website, www.townofnewscotland.com, under the Building Department’s section. Residents were also encouraged to contact Cramer at Town Hall or by calling 439-9153.
Councilman Daniel Mackay, at the New Scotland Town Board’s meeting the following night, said the town hasn’t seen such a well-attended Planning Board meeting in years. He said he was encouraged to see residents talking about watershed issues and is looking at how to create a “larger public discussion” in the town.
Mackay said he would also look into what public education can be done relating to stormwater and watershed issues.
“I just think there is an interesting opportunity to do some programming for the public in the community,” Mackay said.
Town Supervisor Thomas Dolin said the town has been looking at how to perform community outreach as part of the Stormwater Coalition of Albany County requirements.
“This is a step in the plan which we have really not done a good job on yet,” Dolin said. “Your interest is going to be appreciated, because we do need to step up our game on the educational end of it. We have been doing a lot of the supervision and compliance part of it … the state sees the educational part of the plan as important.”