An attorney representing the developers of the proposed 840-acre Winston Farm project last week warned the Saugerties Town Board that legal action could follow if further public comments are considered in the review process as a new water supply study is released.
At a town board meeting held on Wednesday, October 1, Michael Moriello of Kingston-based real estate law firm Riseley & Moriello, preemptively objected to a new hydrology report being incorporated into the State Environmental Quality Review (SEQR), which concluded in July of this year.
“I want to note my client’s objection at the outset to any of the speakers’ testimony being made part of the record,” Moriello said. “They can speak about anything they want, but as far as I’m concerned, and as far as the project is concerned, the public hearings are over and closed. So I’m going to ask that comments be kept out of the official record. That could be a subject of litigation if they are included.”
Russell Urban-Mead, hydrology department manager of Labella Associates, was given privilege of the floor prior to the standard public comment period. According to the new study conducted in February, tests showed that site wells could produce up to 270 gallons per minute.
Opponents of the project cited state law that allows the town board to require a supplemental environmental review in light of significant new findings, especially if those findings could impact the environment or public resources. They also took issue with a single passage in the new study: “This report should not be construed in any way to guarantee the production or reliability of these water resources.”
Further bolstering the project opponents’ concerns are comments by Paul Rubin, an independent hydrogeologist, who wrote, “A rigorous, broad, town-wide assessment of potential adverse impacts was not undertaken. Examination of Plattekill Creek’s flow into the Blue Mountain Reservoir shows there’s insufficient surface water to support Saugerties’ public supply during prolonged droughts.”
Ian Lipsky, a hydrogeologist with eDesign Dynamics was hired by Citizens for Beautiful Saugerties, to conduct a critical review of the DGEIS. He concluded that the proposed Planned Development District (PDD) regulations are overly vague and lack specific, enforceable measures to protect natural resources, making it impossible to accurately evaluate potential environmental impacts. Lipsky recommended requiring a Supplemental Environmental Impact Statement (SEIS) before approving the PDD. He argued that, without enforceable, quantitative standards, the property’s valuable natural resources and ecosystem services cannot be effectively safeguarded against harmful development.
The town board has been reviewing the Winston Farm PDD for months, a request by developers. A PDD would offer more flexibility than the site’s current mix of designations: The property, site of Woodstock ’94, is currently in the General Business, Moderate Density Residential and Hamlet Residential zones, and is also under the restrictions of the Gateway Overlay, Aquifer Protection Overlay, and Sensitive Area Overlay districts. It was purchased in 2021 for around $4 million by local residents Anthony Montano, John Mullen and Randy Richers.
Previous iterations of the proposal included 799 housing units with a combination of townhouses and apartments, serving an estimated 1,746 residents. Also included in the plan over the 840-acre project were 250,000-square-feet of commercial space, a 150-room boutique hotel, a conference center with a further 250 hotel rooms, a 5,000-seat enclosed performance space, a 100-cabin campground and around 250,000-square-feet of laboratory or light industrial space.
Critics fear the property could be cut up and sold to different developers who might have different plans for their parcels. They also expressed concern about the current DGEIS, which omits those development plans that were included in earlier iterations.
Town Supervisor Fred Costello rejected Moriello’s claim that public comments could no longer be considered, clarifying that while the public hearing has officially closed, public input may still inform the town board’s decision. He added that due to the cost, an additional SEIS was unlikely.
The next meeting of the Saugerties Town Board is scheduled for Wednesday, October 15.
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