HomeMy WebLinkAbout20230378 Washington Land Disturbance Public Comment (11)Outlook
Online Form Submittal: Land Use Board Agenda Public Comment
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Date Wed 10/9/2024 11:49 AM
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Land Use Board Agenda Public Comment
SUBMIT COMMENTS REGARDING CITY PROJECTS
Thank you for submitting your comments. Your feedback will be forwarded to the
City's Planning Department and Land Use Board members. NOTE: Comments
submitted later than 12:00 noon on the day before the Land Use Board meeting
may not be reviewed prior to their meeting. All comments will be added to the
project file in the Planning Department.
Land Use Board Planning Board
Name lisa beth elovich
Email Address lisa.elovich@gmail.com
Business Name Field not completed.
Address 20 Outlook Avenue
City Saratoga Springs
State NY
Zip Code 12866
Phone Number 5183122200
Project Name Washington St Land Disturbance Activity
Project Number 202330378
Project Address 239 Washington Street
Comments Please see attached. I respectfully request that a decision be
made after the 2025 protection of wetlands law takes effect and
when an entire land development plan is in place. Without the
entire plan it is impossible to determine the adverse effect on
the neighborhood. In addition, the intent of the legislature
10/9/24, 12:28 PM Mail - Julia Destino - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADI5NDIzZGRiLTQwNjEtNGM1MS05ZmQxLTUyZTNkMzFiZDJiZQAQAKkGWLzE9NVGudusXGnLd…1/2
(people of NYS) is to protect wetlands as evidenced by the
upcoming law in Jan 2025.
Attach Photo (optional)Formal Statement to the SS Planning Board re Mohr
Property.docx
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10/9/24, 12:28 PM Mail - Julia Destino - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADI5NDIzZGRiLTQwNjEtNGM1MS05ZmQxLTUyZTNkMzFiZDJiZQAQAKkGWLzE9NVGudusXGnLd…2/2
Public Comment - Washington Ave. Land Disturbance Plans
Submitted by Lisa Elovich of 20 Outlook Ave. I am a 12-year homeowner of Outlook Ave and a 27
year resident of Upstate, NY. One of the main reasons I chose to live in Saratoga Springs was
because of the protected nature in the city including the wetlands in jeopardy today that are on the
corner of my block, in my zone of interest. My children and I care deeply about keeping th e beauty of
our neighborhood by protecting the wetlands and are worried about the effects of disrupting the eco -
system which can result in many adverse outcomes including flooding and improper drainage issues.
From what I understand, there is no plan in place to address any of these issues. In addition, the
timing of this land disturbance activity is only a few months away from a 2025 law that is being put
into place specifically to protect wetlands. I respectfully ask the Planning Board to postpone t heir
decision until January of 2025 so that the land disturbance request to fill in the wetlands follows the
spirit and intention of the law, which is based on the representation of the people of the state of New
York.
Below are some specific technical points regarding the regulations, rules and policies associated with
the parcel in question.
NYSDEC Letter (March 13, 2024). NYSDEC states whereas the parcel in question doesn ’t at
this time fall under the jurisdiction of DEC, the State warns:
“… Be advised that changes to Article 24 regulations are expected in January of 2025.
Information regarding wetland mapping and jurisdictional determinations may be subject
to change when new regulations go into effect.”
The land disturbance request is segmented from the rest of the future building plan which is
inevitably to build either residential or commercial property on the land. According to NYS
Title 6 DEC Regulation 6 NYCRR 617.3 (G) “considering only a part or segment of an action is
contrary to the intent of SEQR (State Environmental Quality Review Act)”.
In addition, there is abundant case lase that addresses this very issue and shows that the
courts generally prohibit segmentation. (See Evans v City of Saratoga, 164 NYS 3d 227, 230
Ap Div 3d Dept 2022. There are some cases that allow for segmentation when there is truly
no larger plan, but in the case at hand it would make sense that there is a larger plan to
develop the land, particularly in light of the timing of this request, which is right before the new
law protecting wetlands takes effect. In addition, the business making the request owns other
commercial properties that are on the same block as the land in question.
In line with a range of City plans and directives ensuring the maintenance of a ‘city in the
country’ (e.g. the open space plan, green city plan, greenbelt initiative, etc). this parcel serves
as a buffer between residential and commercial lands and the destruction of which by the
placement of 7 acres of additional commercial property will result in the destruction of this
buffer zone going against these city policies and plans along with causing a devaluation of
residential properties for the entire south end of both Outlook and Central Ave’s.
In conclusion, as a resident of Outlook Ave who will be directly affected by the use of the wetlands, I
request that you defer your decision until the 2025 law protecting wetlands takes effect and until there
is a complete plan in place by the landowner that can adequately provide the impact on our
neighborhood. Without a complete land development plan, there is no way to determine the adverse
environmental, financial, and quality of life impact on the neighborhood and eco system. The
segmented decision to allow grading and filling would not be beneficial to the residents in the zone of
interest and would circumvent the protection that will be afforded to wetlands in the coming months.
Thank you for your consideration of this very important issue to our neighborhood.