Department of Environmental Conservation

D E C banner

ENB Region 5 Completed Applications 10/14/2015

Saratoga County


Scott Earl


Scott Earl Property - 1589 US Route 9
1589 US Rte 9 (E Side) - opposite Sitterly Rd
Halfmoon, NY 12065

Application ID:


Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Halfmoon, Saratoga County

Project Description:

The applicant proposes to redevelop a previously disturbed site on the east side of Route 9, just north of the intersection of Route 9 and Sitterly Road. The site was previously the location of Phalens Restaurant and will be redeveloped as a new 5,529 sq. ft. restaurant and 1,925 sq. ft. Starbucks. Development of the site will result in tree clearing on +/- 0.08 acres and disturbance to +/- 0.3 acres of the regulated adjacent area of DEC Freshwater Wetland N-27 (class 2). No direct wetland impacts are proposed.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: Halfmoon Town Planning Board

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed and cultural resources were identified. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no adverse impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Oct 29, 2015.


Beth A Magee
NYSDEC Region 5 Warrensburg Sub-Office
232 Golf Course Rd
Warrensburg, NY 12885

  • Contact for this Page
  • ENB
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions