A 12-lot subdivision in New Scotland saw considerably less public protest in its second public hearing before the town’s Planning Board, leading the board to move the project forward in the planning process.
Last month’s New Scotland Planning Board meeting overflowed into the hallway when residents protested a residential subdivision that would split up a 31.4-acre parcel to make way for 12 homes. Planning Board Chairman Charles Voss decided to keep the public hearing open until the Tuesday, June 4, meeting, but at that meeting concerns about drainage appeared to have been assuaged given the smaller turnout and fewer outspoken opponents.
Parcel owner MJ Biernacki Builders, LLC, received unanimous preliminary plat subdivision approval from the Planning Board Tuesday. The board is scheduled to review the project for final approval at its Tuesday, July 2, meeting.
“We left it open because we wanted to provide an opportunity for those who had questions to be able to review the materials,” board member Jo Ann Davies said.
Davies led the meeting and said chairman Voss was unable to attend the meeting. Alternate board member Thomas Hart sat in, as well.
Expanded notification of the second public hearing was given to homeowners outside of the initial 500 feet radius required by law. Town Building Inspector Jeremy Cramer said notification was extended along Route 85A to just before Voorheesville High School.
The proposal consists of 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, which would be added onto lots 2 and 3.
The majority of development would be within an inactive cornfield and the project was scaled down from 15 to the present 12 lots.
Residents had expressed concern the project would negatively affect drainage issues and worsen flooding problems already present.
Joe Bianchine, of ABD Engineers & Land Surveyors and representing the developer, said some minor adjustments were made to address the Planning Board’s concerns. He restated the project would actually be reducing run off from the cornfield by 20 to 25 percent.
“By doing infiltration we will actually be reducing the amount of runoff from this site after development than what currently happens now,” Bianchine said.
Board member Robert Stapf asked if the land would be able to support more groundwater from stormwater infiltration. Bianchine said the development would not negatively impact groundwater levels.
“We looked for seasonal high groundwater … so you can tell where the high groundwater reaches at various times of the year,” Bianchine said. “We’ll have minimal if any impact on groundwater by recharging into the ground.”
Even if the Planning Board grants approval to the project it won’t be the last step for the developer, because the Planning Board is recommending the Town Board establish a stormwater drainage district for the area.
The recommendation was given largely because it’s seen as the simplest method for the town to be reimbursed if any maintenance or other work is performed on drainage systems.
If the Town Board approved the district, homeowners would be billed for work on their tax bills. Without the district, the town would need to bill the homeowner for work performed and seek collection, which the board’s attorney Jeffery Baker said would be more likely to lead to legal action.