PUBLIC HEARING
AUGUST 29, 2006
GALWAY TOWN HALL
Supervisor Hargrave called
the public hearing to order at 7:00 p.m.
The following Town Board Members were present:
PRESENT: Supervisor George
Hargrave Councilman
Michael Tillson
Councilman William Topper Councilwoman
Susan Sutch
Councilman George
Weed
OTHERS PRESENT: Town Consultant, N. Stolzenburg; J. Glenn; R.
Glenn; M. Glenn; J. Flinton; S. Baily; D. Gorga; O. Wakula; M. Nierotka; G. Nierotka; J. Gizzi; B. Hughes; N. Solomon; R. Daino;
J. Sutton; J. Aronstein; J. Lombard; E. Neal; J. Orton; P. Strobell;
D. Pokrzywka; D. Balbian;
D. Brown; J. Buhrmaster; S. Raeburn; A. McPherson; A.
Hamilton; M. Kopper; Many other residents of Town; M.
Concilla, Zoning Administrator; J. Sivik, Deputy
Clerk & M. DeFoe,
Town Clerk.
The clerk read the legal
notice as placed in the Daily Gazette on July 9, 2006, July 25, 2006 &
August 28, 2006; posted at Town Hall; Library; Post Office & Bank advising
public of Public Hearing to accept public input on the proposed changes to the
Zoning Law.
Supervisor Hargrave
advised that the Town Board has been working on zoning updates for several
years. Comprehensive Plan was developed
and Town Board with the help of Consultant, Nan Stolzenburg worked hard to
accomplish the goals set in that Comprehensive Plan. Supervisor Hargrave requested comments from
audience.
Janet Glenn _ Questioned when Board anticipated finalizing regulations
& if this would be a public vote?
Supervisor Hargrave stated that date was not set for finalizing
regulations. Public hearings were being
held to get community input on proposed changes. Town Board would ultimately be the ones to
approve regulations. Janet questioned if
you had property in the Lake District & a portion of that land was divided
by a road and located in a zone outside Lake District
what the classification of that section would be considered? Councilwoman Sutch stated that no change had
been made to this section; she read the section of the law that relates to
Interpretation of boundaries, Section 115.12B on page 21. Janet had concerns with section that
referenced stipulations on clear cutting property and requiring permit. Supervisor Hargrave stated that was an item
that Board would need to address in workshop.
Robert Glenn _ Questioned how Board would enforce animal population
regulations?
Councilwoman Sutch stated
that this section has not changed. This
regulation was originally put into place to give the Town an enforcement tool
if a problem occurred. The State
Agriculture Law exempts farms from this town regulation. Robert had concerns with stipulation on
manure storage. Nan Stolzenburg advised
that this area of law had not been changed; 100_ requirement from property line
is what current regulations state.
Robert doesn_t agree with the three acre
requirement for subdivision. Robert
questioned if workshops were open to public?
Supervisor Hargrave stated all workshops are posted, advertised &
open to public. Michael Glenn _ Felt the Town Board was not supportive of agriculture with
proposed regulations. He questioned
purpose of fencing regulation.
Supervisor Hargrave stated fencing regulation will be addressed in workshop. Michael questioned if grandfather clause
would apply? Supervisor Hargrave stated
that there is always a grandfather clause.
Jeanine
Flinton _ Would like to see the south side of commercial district
outside village changed from commercial district to rural hamlet. The rural hamlet proposed for Jockey Street is
not appropriate. Jeanine felt adult use
placement needed to be addressed further.
Councilman Tillson stated that there were very specific criteria on
adult use. Jeanine questioned if there
was a 100_ buffer from all streams? Nan referenced page 33 under Natural Resource Protection
Overlay 115.21B. She question if
building envelope is now required on site plan?
Sheelagh Baily _
Gave Town Board a 5 page document with her comments on proposed changes. A copy of this document is on file with Town
Clerk. Sheelagh
went over this document with Town Board.
Doris Gorga _ Had
concerns with number of animals applying to their farm. Supervisor Hargrave stated farms are exempt
from regulation. Doris
felt Jockey Street
was not appropriate for hamlet. Olga Wakula _ Stated that she had a farm in this proposed
hamlet district, would this
change her agricultural status.
Supervisor Hargrave stated that agricultural status would not
change. Sheelagh
Baily stated she could subdivide that property in
proposed hamlet area and create smaller lots.
Councilman Tillson stated that she could, but would receive a penalty
& loose agricultural exemption.
Mercedes Nierotka _ Questioned
the rational for choosing Jockey
Street for hamlet?
Nan Stolzenburg stated that the goal of the Comprehensive Plan was to
look for places in town to allow smaller lots & more concentrated
development while keeping the rest of the town more rural. In looking at Jockey Street, Nan
felt it already had more of a neighborhood character and would be a feasible location
for hamlet instead of taking a completely undeveloped area and stating this is
where hamlet could be established.
Mercedes felt an undeveloped area would be a better choice than
infringing on the character of an already established neighborhood. Gary Nierotka _ Stated that the _Hall subdivision_ is the reason Jockey Street is
developed to its current extent.
Supervisor Hargrave stated that hamlet issue will be addressed in
workshop. Notification of workshop will
be in The Daily Gazette, Legal Notice section; posted at Post Office; Bank
Library & Town Hall. Question on
notification of this meeting arose. Town
Clerk stated that three legal notices had been placed in Daily Gazette
regarding these Public Hearings. The 1st legal notice on July 9, 2006; 2nd
legal notice before the first Public Hearing on July 25, 2006 & the 3rd on
August 28th before this evening_s Public
Hearing. Town Clerk also posted these
notices at Post Office, Bank & Library.
Notice indicates that copies of proposed changes could be viewed on Town
web site & paper or disc copies could be obtained at Town Clerk_s office.
Supervisor Hargrave stated that newsletter mailed to every tax payer in
the Town of Galway
had legal notice included in it. Joe Gizzi _
Stated that comprehensive
plan was very detailed with reference to hamlets. He states that Jockey Street doesn_t
address that definition of hamlet for placement since there
are no commercial properties in this section. He further stated that it was not conducive
for further development due to speed limit and limited sight in area. He questioned what studies were conducted
with reference to soil samples in this area?
Map contained in documentation delineates several lots &
subdivisions that he believes have not been approved by Board. Mr. Gizzi felt that
notification to residents of upcoming workshop in Town_s
newsletter would be ample notification.
Bill Hughes _ Reiterated the displeasure with
hamlet on Jockey Street. Councilwoman Sutch explained to audience that
even if hamlet was approved in this area, that would not guarantee a
subdivision could be approved. Planning
Board has criteria that must be met to subdivide a parcel. Councilwoman Sutch stated that the Town Board
along with Consultant, Nan
Stolzenburg have been working hard to incorporate the Comprehensive Plan into
the proposed Zoning update. They were
looking to create a plan that would address cluster/hamlet type areas in
certain portions of town and still promote open space. The purpose of meeting was to get public
input on this proposal. Supervisor Hargrave stated that proposal is subject to
change, this is why Town Board was having hearings. Neal Solomon _ Reiterated
the no hamlet for Jockey Street. Mr. Solomon suggested in addition to the way
legal notices are currently handled, that the Town set up an email server for
interested resident notification. Ruth
Ann Daino _ Felt clarification was needed on some of
the proposed definitions. On page 6
under Buildable Yield, Ruth Ann believes Town should
include subtraction out for road right-of-way.
On page 7 Ruth Ann requested clarification on difference between Cluster
Subdivision & Conservation Subdivision?
Nan stated that Cluster Subdivisions
always result in houses clustered in smaller lots, closer together on one
portion of a parcel. Conservation
Subdivision can attain same goal in terms of preserving environmental features
& open space. However, Conservation
Subdivisions don_t necessarily have to result in a
cluster of houses. Houses could be strategically
located on very large lots spread out across a parcel. Ruth Ann felt the following needed further
consideration: 1) Page 12 under Keyhole or Flag Lots that Board
fine tuned section better to address abuses of this use by property
owners. 2) Page 15, under Primary Conservation
Area. 3)
Page 63, Parking uses for Nursery Schools & Private Schools need to
address more spaces required for drop off, pick up & visitors. Light Industry on page 65 should also require
more spaces. 4) Page 101, Architectural Review may want to
address improving appearance of a particular area. Ruth Ann questioned if legal review of
proposed changes would be done with
Attorney? Ruth Ann felt that another zone needed to be
created requiring 5-10 acres as minimum lot size. John Sutton _ Thanked Town Board for work on
Zoning. He also felt hamlet proposal for
Jockey Street
was not appropriate. Primary concern is
that Town Board do all they can to foster, encourage and facilitate small
agricultural operations in Galway. John stated that the original change to the
regulation in 2000 that put limits on number of animals allowed on a parcel got
by him. The Suttons live in the village
and currently have 4 sheep on > of an acre.
The Right to Farm Law is a great thing to help farmer, but he would like
to see the Town protect the small hobby farmers with their agricultural
operation. Jesse Aronstein _ Had concerns with definition of temporary building &
refuse dump in regulations. He would
like to see these definitions updated.
Mr. Aronstein will send letter to Town advising of his concerns. James Lombard _ Had
concerns with out door wood burning
furnaces. Would like to see this addressed in
regulations. He discussed lot size
requirements in Lake District and how it would
relate to pre-existing lots. Elizabeth
Neal _ Reiterated the concern with hamlet on Jockey Street. Researched neighboring Town_s
to see what their regulations were with reference to number of animals allowed
on parcel. Elizabeth stated that she would not
like to see Galway turn into a Malta. They currently do not allow newly created
parcels to have farm animals without a permit.
If an existing farm sells the new owner is allowed to continue with
animals. John Orton _ Feels the new regulations are too
stringent in Lake District regarding septic
systems. Supervisor Hargrave _ Stated that workshop date would be advertised when
scheduled. Board will review information
received from both public hearings at workshop to determine what things need to
be changed. Once those proposed changes
have been made, the Town Board will schedule another public hearing for further
public comment. Many of the changes are
being made to bring the Town_s regulations up to the
requirements of the State Code.
Supervisor Hargrave gave audience his email address for comments. Paul Strobell _
Requested that Town Board when working on these regulations maintain the nature
of the Lake with smaller lots. He further requested that workshops be held
when summer residents can attend if the Board is looking at changes to Lake District.
Councilman Tillson stated that public hearings were purposely scheduled
for August to reach a greater number of the summer residents. Dennis Pokrzywka _ Went into a lengthy discussion regarding what data was used
to create, and what the reasoning was for creating the Natural Resource
Protection Overlay District.
Inconsistency in Section 115-10 Section A, Slope in excess of 20% vs.
page 16 Steep Slopes 20% measured by utilizing two foot contours. Councilman Tillson stated that the reason the
Natural Resource Protection Overlay District was created was because the Board
felt this particular area required further increased concern & scrutiny
during the course of a project. Mr. Pokrzywka also had concerns with the proposed regulation
for _Farm Stands_. He stated that he was
unable to obtain any information on the Agricultural Overlay District. Councilman Tillson will make sure that this
information on Agricultural Overlay District is available on website. Mr. Pokrzywka felt
the agricultural use definition needed to be expanded. He questioned if a commercial operation would
be allowed in the agricultural use area if it pertained to an agricultural
business? He suggested additional tax
incentives for agricultural use. Sheelagh Baily _ Suggested that
maps also be created for public in paper copy.
David Balbian _ Suggested
to summer residents that they review Town_s website,
workshop dates & further information on updates to regulations will most
likely be available there. He assumed
Town would then consider any written comments they sent in regarding proposed
changes during workshops. Supervisor
Hardgrave stated that notification would be on website; newsletter, legal
notice in The Daily Gazette & also posted at Town Hall; Library; Post
Office & Bank. Additional comments
can be made by telephone to Supervisor, email; or mail. Sheelagh Baily _ Suggested that minutes of both public hearings be
placed on website. Town Clerk advised
that minutes would be a summation of public hearing, not word for word
transcription. Dale Brown _ Resident of
Lake District feels that since the Galway Lake Campers Association has gotten
involved with the testing of the lake, the have controlled any problem areas
with reference to septic. He feels that
no further stringent regulation should be placed on septic system in Lake District. Mr.
Brown further believes that the upgrading requirement for a camp in the Lake District have gotten to the point that the normal
person can_t afford just a seasonal camp. Sheelagh Baily _ Stated that over the years
more of the camps in the Lake District have
upgraded to year round residents instead of upgrading just a seasonal use. This she believes is the cause for the
changes in the septic regulations in the Lake District. John Buhrmaster _ Felt the Campers Association paid attention to the
development of year round residents in Lake District. He felt the proposed changes would encourage
full time residents and restrict the small time camper that wanted their camp
to remain a camp. Sarek
Raeburn _ Thanked Town Board for the time put in on reviewing zoning
regulations. He felt no change was
needed in the Jockey Street
area. Councilwoman Sutch stated that
Town Board members have attended programs and received information from the
State & County on preserving open space.
They have discussed these issues with consultants. The proposed zoning changes took the
information received from these sources to try and accomplish a plan that would
promote smart growth for Galway. Andrew McPherson _ Lake
District resident felt that appropriate inspections of septic
systems are needed in Town regulations. Sheelagh Baily _ Felt that since
the Town doesn_t have sewer & water this will
help limit growth. Al Hamilton _ Reiterated the no hamlet for Jockey Street. Janet Glenn _ Felt
the same issues would follow a hamlet proposal area any where it was located in
Town. She felt this type of zoning was
really not needed for Galway. Jesse Aronstein _ Stated
that it was up to current property owner to restrict the future development of
their land by putting the wording into the deed when selling property to
restrict growth. Elizabeth Neal _ Felt another concern for hamlet on Jockey Street would be potential crime
rate increasing, due to construction of businesses in that area. Michael Glenn _ Appreciated
that the Town was trying to keep development down, but felt if hamlet was
created it would have an opposite outcome.
Audience discussed
possible lots size requirement. Neal
Solomon _ Suggested larger lot size requirements. Councilwoman Sutch _ Stated
that mandating larger lot sizes of 5, 10 & 15 acres would drastically
exclude living in this community for many people. Mary Lynn Kopper _ Stated that she was a Planning Board Member for the
town. There are many residents of the
town that have property and want to be able to subdivide that property to give
land to their children. She felt the
Town Board was trying to maintain the rural character of town and still allow
the community flexibility with their land.
Councilwoman Sutch _ Stated that she is the
Liaison to the Senior Citizens. Many Senior_s can_t keep up with their
large homes & yards and would like to downsize, but remain in the Galway community.
Councilwoman Sutch stated that proposed regulations address the ability
to have a secondary residence on a parcel.
Supervisor Hargrave
thanked the public for their input. He
advised audience that workshops would be advertised in legal notice in The Daily
Gazette. He would see if Gazette
reporter Kathy Parker would also put something in the community section. Postings would be at Town Hall; Post Office;
Bank; Library & Web Site.
Public hearing was closed
at 9:20 p.m.
Respectfully Submitted,
Margaret L. DeFoe
Town Clerk