BALLSTON – The disputed water line that developers wanted to run through the town’s

Agricultural District has been stopped.

On Thursday, the state Appellate Court overturned a lower court’s April 2018 decision that
would have allowed a 1,650-foot water line to run along Goode Street to accommodate a dozen
large homes in a new development.

This week’s unanimous decision noted that Supreme Court Judge Thomas Buchanan ruling
“runs counter to the statutory and public policy goal of protecting land within agricultural
districts from ongoing threats, such as nonagricultural development.”

The decision was a loss for the town, which approved the water line; and a win for the state Ag
& Markets, which oversees more than 200 agricultural districts around the state with a goal to
“protect and promote the availability of land for farming purposes.”

The legal wrangling between the town and Benuscak, who are united on the lawsuits, and Ag
and Markets began in 2016 when the town approved the line for Thomas Benuscak's
development. The approval came despite a 2004 town resolution to limit water extensions off
of Goode Street to pre-existing structures and agricultural uses only.

The town, however, argued the water line was allowable because it would cause no adverse
effects to agriculture. Ag and Markets disagreed, filing the suit in 2017, which they lost in
Supreme Court in 2018.

The agency appealed, leading to Thursday’s decision.

Attorney James Walsh, who represented the town and is running for judge in the 4th Judicial
District, said the town will now have to make a decision as what to do about the water line and
the properties that Benuscak owns. On Friday Walsh would only say “that we are digesting the
decision.”

All this takes place against a backdrop of residents who are fighting with elected officials over
zoning, sewers, the Ag district and development’s creep. Last month, the Empire Center for
Public Policy ranked Ballston as the fastest-growing town from 2010 to 2018 in the state. Based
on census data, the nonpartisan think tank said the town grew 15.2 percent during that time.

This has led to a divide in the town’s Republican party and set up the battle between GOP
faithful in this month’s primary challenges. Development is the top issue.

Town attorney Debra Kaelin said that Thursday’s decision may only be temporary. The
developers who own land in the ag district can petition the Saratoga County to remove their
from the zone in 2022.
Furthermore, the town may also take the fight to the Court of Appeals, but she said it’s too
early to know.

The development of the land could go forward with time. 2022 What it is, provision in ag and
market law you can take it’s optional decretionary make an application to remove property
every eight years. Last time 2014. However, they decretionary piece to that. Couonty Board
petition to them and statute is written they may. Problem. What if they say no. Potentially
temperaory argument. Court of Appeals. You followed correct procedures. No you didn’t ability
to go to the court of appeals. Absolutely no decision. Reviewing the options.