An environmentalist who is a town resident has filed a lawsuit against the town Planning Board and a developer who aims to make a property ready for industrial development.
DCG Development owns the property on Ushers Road, which is believed to be a habitat for the endangered Karner blue butterfly. As part of the planning process, DCG is required to monitor the presence of the butterflies and establish and maintain 1.85 acres of habitat for the butterflies.
But William Engleman, a resident who has been active in fighting development that he believes threatens the fragile insects, says in the court filing that the requirements are not enough to save the butterflies. He filed the lawsuit on Nov. 13 instate Supreme Court in Saratoga County.
The project, which the Planning Board approved on Sept. 25, allows for the clearing and grading of 15 acres of a 49-acre plot to prepare it for future industrial development.
Engleman maintains that the Planning Board improperly completed the environmental process for the project and “failed to study the long-term impacts” of the project.
The courts shot down a previous challenge against DCG filed by two environmental groups for an adjacent project, and the town attorney has said he believes this lawsuit also will be tossed.