Ruling moves water lines, development forward in Ballston's ag district

BALLSTON — The town won't have to stop a controversial water line from moving into its agriculture district, a state Supreme Court judge ruled last week.

Judge Thomas Buchanan ruled on Friday that the state Department of Agriculture and Markets has "not yet established a statutory violation" to be granted a permanent injunction to block the water line.

"We are really excited about this," Ballston Supervisor Tim Szczepaniak said. "It shows our procedures with the state were correct."

The water line on Goode Street was approved in 2016 to accommodate a dozen large home in a new development. Ag and Markets, the agency that oversees more than 200 agricultural districts across the state, sued to block the line, thus the development, as a way to protect the rural character of the road.

The 1,650-foot line for Thomas Benuscak's development was approved despite the fact that the town in 2004 passed a resolution to limit water extensions off of Goode Street to pre-existing structures and agricultural uses only.

The town argued the water line was allowable because it would cause no adverse effects to agriculture. Ag and Markets disagreed, filing the suit in 2017.

Szczepaniak said that he would like to come to an amicable solution with the state so that the dispute over the management of the district can end.

"We don't want this dragged out any longer," Szczepaniak said. "It's not advantageous to both parties. We will work closely with them."

He also said Benuscak's development will be built and that it won't ruin the rural character of Goode Street because, "it's not really active farmland now. It doesn't change that part of town."

A spokeswoman for Ag and Markets said the agency disagrees with the town and the judge. The agency has not ruled out an appeal.

"We are determining next steps," Lisa Koumjian said.

The town's Farmland Protection Committee has also argued against the water line, saying it encourages development.

The controversy over the water line —along with the sewer vote in the hamlet of Burnt Hill, which takes place Wednesday — has caused a divide in the community and on the Town Board. Szczepaniak and board members William Goslin and Kelly Stewart, whose husband is a developer, push for water and sewer lines, while Chuck Curtiss and John Antoski vote against them.

"I'm thoroughly disgusted and disappointed by the judge's decision," Curtiss said. "It's solely in the hands of the state and I hope they don't quit on this."