PUBLIC HEARING
NOVEMBER 15, 2005
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: M. Concilla, Zoning Administrator & M.
DeFoe, Town Clerk.
The clerk read the legal notice as placed in the Daily
Gazette on October 21, 2005
and posted at Town Hall. Salary figures
on Preliminary Budget for 2006 are as follows:
Supervisor -$13,000.00; Council Members (4) – each at $3,600.00, with
Deputy Supervisor an additional $150.00; Town Clerk - $21,000.00;
Superintendent of Highways - $48,600.00.
Supervisor Hargrave then asked if there were any questions or comments
from the audience. There were no
questions or comments from the audience.
The Public Hearing was closed at 7:03
p.m.
REGULAR MEETING
NOVEMBER 15, 2005
GALWAY Town Hall
Supervisor Hargrave called the meeting to order at 7:30 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: A.
Oakley; M. Concilla, Zoning Administrator; T. O’Brien, Dog Control Officer;
C.W. Hansen, Highway Superintendent & M. DeFoe, Town Clerk.
Pledge to the Flag
A motion was made by Councilwoman Sutch, seconded by
Councilman Topper to approve the minutes of the October 11, 2005 meeting as submitted.
All ayes. MOTION
CARRIED
Communications – Town Clerk read legal notice placed
in Daily Gazette on October
9, 2005 advising public of zoning workshop being held on October 17, 2005. Town Board held zoning workshop to review
information received from consultant on zoning updates. Correspondence was received from NYS Office
of Real Property Services advising that STAR Administrative Aid payment will be
$1,306.46. All Board Members received
copies of the following correspondence: NYS Dept. of State regarding training
for local officials. NYS Association of
Towns information on training for local officials. Dog Control Officer’s Report for October
2005. Packet from Saratoga County
Planning Department on PDD application & fee schedules from other towns in Saratoga County.
Planned Development Application of James & Pamela Lombard,
represented by Carmen Gutto. Clerk
advised that packet & PDD application were given to Board Members last week
to allow Board Members time to review prior to tonight’s meeting.
Supervisor Hargrave advised that representative for Propane
Coop Presentation was not present.
Presentation by
James Vienna, PLS representing Carmen Gutto for the Planned Development
Application of James & Pamela Lombard for property locate on Route 29 &
Crooked Street. – James Vienna gave clerk notarized statement from Carmen Gutto
authorizing Mr. Vienna to represent
him with reference to Planned Development Application. Mr.
Vienna stated that applicant was requesting a change in zoning for this parcel
of land in Town of Galway. They are looking to create a mixed use,
residential & commercial. Senior
Citizen & Young Families have relayed an interest to Mr. Gutto for
affordable housing. He is looking at
units in cost range from $120,000-$140,000.
He has also been in contact with local medical professionals interested
in a medical professional building to service area. Property is currently zoned C-1 Commercial
for about ¾ of parcel and bottom ¼ portion is Residential/Agricultural. Planned Development District conceptual
sketch is higher density, with no survey or engineering study completed. Applicant would like parcel rezoned prior to
incurring costs for survey & engineering work. They would then proceed with project thru
planning board with usual site plan process.
Mr. Gutto is under contract with applicant for purchase of property
pending approval of site plan process. Mr. Vienna went over proposed
project. He advised board that Mr. Gutto
would like to retain ownership of the two commercial buildings and sell the (6)
six unit town home building to the Homeowners Association. They would leave the 10% green space required
after commercial lot & wetlands had been cut out of project. Councilwoman
Sutch had concerns with project coming in under PDD design standards and
then subdividing project afterwards into commercial & residential lots. Cutting out the commercial lot after would
allow maximum density on both commercial & residential lots, further minimizing green
space set aside under PDD. Councilwoman Sutch felt applicant was
looking at two separate projects. If Mr.
Gutto was interested in separating project into commercial & residential
subdivision, she felt this should be done in the beginning without a PDD. Mr.
Vienna stated that land usage, setbacks & density requirements were
vastly different with reference to residential & commercial subdivision vs.
planned development districts. Mr. Vienna stated that this was a
conceptual plan, if subdivision of commercial section from residential section
was not feasible, applicant would have to look at altering project to comply
with boards requirements. Councilman Weed had questions regarding
septic systems for this project. Mr. Vienna stated that Mr. Gutto has
preformed 16 preliminary borings and found no ground water at 72”. Engineering study will be done on property
and septic systems will be designed by an Engineer. Councilwoman
Sutch read Section 115-43 of Zoning Regulations with reference to procedure
for PDD in the Town of Galway. Mr. Vienna was advised that no zoning change
would be made until after Planning Board reviewed project and sent
recommendations back to Town Board. Mr. Vienna stated that applicant wanted
to get a feeling from Town Board on this possible PDD before they went further
financially. Councilwoman Sutch stated that she would be willing to entertain a
PDD at this site; her approval would be contingent on Planning Board
recommendations after site plan review process.
Councilwoman Sutch stated
that Galway has not had experience with PDD in
the past. She would like time to look
into the legality involved in one ownership at start of PDD and subdividing
project into two separate ownerships after project is under way. Mr. Vienna
referred to section 115-42 of the Town’s Zoning Regulations under standards
for residential planned development district, he feels this question is
addressed under accessory uses. Councilwoman Sutch felt further
investigation of separate ownership within a single PDD project was needed. Mr.
Vienna requested that conceptual plan be forwarded to County Planning
for their comments on preliminary plan. Councilwoman Sutch stated that
application did not contain information required under zoning regulations for a
formal application on a PDD. Mr. Vienna reiterated that they were
looking for feeling from Board regarding PDD at this site before they went
further financially, this is a conceptual application. He further
stated that this was a maximum build out plan for PDD. Supervisor
Hargrave stated that board will discuss PDD application & fee schedule
later in meeting. Applicant will file
formal application as required in Town Zoning Regulations with all required
documentation for actual PDD process to begin.
Privilege of the
Floor – None.
COMMITTEE REPORTS:
Library – A. Oakley stated
that last performance of Story Quilt will be held December 7th at
Café Lena in Saratoga
at 7:30 p.m. Artist JoAnn Johnson will be having an open
house at Library on Tuesday, November 29th from 6-8 p.m.
Sara will have a children’s Christmas program on December 10th
at 2:00 p.m. Library will be having a fundraiser with
Barnes & Noble Book Stores on Saturday December 3rd, shop local
stores with voucher and Library will earn 20% of your purchase. Friends of Library will running gift table at
Saratoga store
from 10-2 p.m. &
Library will have two story hours at 11:00
& 1:00 that day. Vouchers are available at Library &
Alissa had some with her tonight. Assessor
–Tracy Killeen gave Board Members copies of recent sales in town. He gave board a sheet on exemption
possibilities for the Town. Tracy went over both the Veteran’s
& Volunteer’s Exemptions and how the Town could increase these exemptions
on a Town level thru Local Laws. Councilwoman
Sutch questioned how volunteer exemption would be administrated? Tracy
stated that Fire Departments & Ambulance Corps. would have to send him
a yearly list of eligible members for this exemption. Public Safety - Councilman Topper stated that he had
mentioned last month a visibility concern he had on corner of Ballston Galway
Road & Jockey Street. Councilman
Topper has not contacted anyone regarding this because the leaves are now off
the trees and visibility is fine. He
will keep an eye on this to see if it becomes a problem in the spring. Property – No Report. Public Affairs – Councilwoman Sutch
stated that she attended the November 9th meeting of the DARE group
at school. She shared the outcome of the
student survey and their comparison from previous years. Councilwoman Sutch had graphs available on
survey for review. Town & County
– Supervisor Hargrave stated that we had a public hearing at 7:00 tonight regarding the budget. He congratulated the Town Board on
budget. Board was able to hold line on
tax rate for Town; Library & Fire Department went up slightly. Supervisor Hargrave advised that looking over
the budget for the past five years the total Town spending went up 20%, but the
tax rate went down, this is a result of this Boards hard work. On a County level, Supervisor Hargrave stated
that the Law & Finance Chairman, Harry Guthrie is working very hard to
lower tax rate again next year and also bring more money back to the
Town’s. Supervisor Hargrave stated that
419 parcels in Galway were returned to the
county unpaid with reference to school taxes this year. These unpaid taxes will be relevied onto the January Town & County tax bills. Buildings & Grounds – Councilman
Topper stated that Company supporting loan for ball field project will be
acting on project on Thursday at their board meeting. Town Board will be addressing further
information needed on this project later in meeting. Supervisor Hargrave stated that pillars for
front of Town Hall have been painted and will probably be put up in spring. Highway – C.W. Hansen requested that a
speed limit reduction request be sent for Dean Lung Road and the entire span of Donna Road. Bill stated that the Broadalbin Highway
Superintendent contacted him and stated that they would like to pave the Galway section of Edwards Hills Road. Broadalbin maintains this road; paving would
have no impact on our budget. Bill
Hansen stated that he has been advised of a dumping problem on Ridge Road. Board discussed this dumping issue with
Highway Superintendent. Discussed
ongoing FEMA projects status. Bill
Hansen advised that highway department will start working on West Galway Road tomorrow. Councilwoman Sutch advised Highway
Superintendent of a hole on side of road by culvert on Greens Corners Road
& Hermance Road intersection. Historian
– No Report.
LIAISON REPORTS: Planning Board – Councilman Tillson
stated that application was received from Gordon & Gordon Properties, LLC
for a special use permit & site plan review for a professional office plaza
at 1525 Route 29. This was the former site
of the Country Kettle Restaurant; applicant is looking to convert commercial
operation into a professional office plaza.
This property is located within the C-1 Commercial Retail District. Gerry McKenna was in for a continuation of
the pre-submission conference on the Gilligan project on Route 147. Planning Board went over the SEQR application
for the major subdivision of the Scripter Estate on Alexander Road. Board granted a negative SEQR Declaration,
project is ready to go to public hearing.
Councilman Tillson went over correspondence received by Planning Board
from Saratoga County Planning. Youth – Councilman Topper advised that
the Rifle Team had 19 shooters this year; two boys are working on Distinguished
Expert. Soccer ended with 180 youth
participating in program this fall.
Karate has had between 30-38 students attending. Girls Basketball will begin soon and run for
six weeks on Saturday’s. Councilman
Topper advised board of a problem woman running soccer program had with
port-a-potty rental and Deb Wilday at school.
Councilman Topper clarified that port-a-potty rental is only provided by
Town for Youth Commission Programs; school programs need to make their own
arrangements. Councilman Topper went
into lengthy discussion with Town Board on ongoing problem with receiving
baseball contract on a timely basis.
Councilman Topper would like to see contract date be due in
September. ZBA – Councilman Weed advised that there was one application before
the Zoning Board on November 9th; William Trosan received approval
for a side lot variance on Lake
Road. Senior Citizens – Councilwoman Sutch
attended the senior meeting last month on the 3rd Thursday. They had their cover dish dinner, which was
very well attended.
MOTIONS AND RESOLUTIONS
RESOLUTION # 55-2005
– Budget Adjustments. On a motion of
Councilman Weed, seconded by Councilman Topper
the following resolution was ADOPTED:
AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board approve
the following budget adjustments:
Increase A1680.4 $500.00 Data Processing CE
Decrease A1620.4 $500.00 Building CE
(Computer Repairs)
Increase A5132.4 $500.00 Garage CE (New Building)
Decrease A909 $500.00 Fund Balance
(New Cleaning Position)
Increase A7989.4 $500.00 Recreation
Field CE
Decrease A909 $500.00 Fund Balance
(Engineering study ball field)
Increase B8010.4 $3,000.00 Zoning CE
Decrease B909 $3,000.00 Fund Balance
(Zoning Consultant)
Increase DA5130.4 $1,000.00 Machinery CE
Decrease DA909 $1,000.00 Fund Balance
(FEMA)
Increase DB9060.8 $3,000.00 Medical Insurance (Town Share)
Decrease DB909 $3,000.00 Fund Balance
(New member & Jim Andrus)
All ayes. MOTION
CARRIED
Councilman Tillson made a motion, seconded by Councilwoman Sutch
to approve the General Abstract of Vouchers (A) dated 10/13/05 thru 11/09/05 for a total of $10,791.30.
All ayes. MOTION
CARRIED
Councilman Topper made a motion, seconded by Councilman Weed
to approve the General Abstract of Vouchers (B) dated 10/13/05 thru 11/09/05 for a total of $6,416.55.
All ayes. MOTION
CARRIED
Councilman Tillson made a motion, seconded by Councilman Topper
to approve the Highway Abstract of Vouchers (DA) dated 10/13/05 thru 11/09/05 for a total of $6,627.19.
All ayes. MOTION
CARRIED
Councilwoman Sutch made a motion, seconded by Councilman Weed
to approve the Highway Abstract of Vouchers (DB) dated 10/13/05 thru 11/10/05 for a total of $37,382.32.
All ayes. MOTION
CARRIED
Councilman Topper made a motion, seconded by Councilman Tillson
to approve the Lighting District Abstract of Vouchers (SL) dated 10/13/05 thru 11/09/05 for a total of $110.64.
All ayes. MOTION
CARRIED
Councilman Topper made a motion, seconded by Councilman Weed
to approve the Supervisor’s Operating Statement for the period ending 10/31/05.
All ayes. MOTION
CARRIED
Supervisor Hargrave stated that he would be paying the NYS
Retirement $43,942.00 by December 15th, this payment is actually due
February 1st. By paying in
December the Town will save over $420.00.
RESOLUTION #56-2005
– 2006 Town of Galway
Budget. On a motion of Councilwoman
Sutch, seconded by Councilman Tillson the following resolution was ADOPTED BY
ROLL CALL VOTE:
Supervisor George Hargrave – AYE Councilman
Michael Tillson – AYE
Councilman William Topper – AYE Councilwoman
Susan Sutch – AYE
Councilman George Weed – AYE
RESOLVED that the Galway Town Board
adopt the 2006 Budget as submitted.
All ayes. MOTION
CARRIED
RESOLUTION #57-2005
– Designating Town of Galway Board lead agency for purpose of conducting an
Environmental Review of the 17 acres on 147.
On a motion of Councilwoman Sutch, seconded by Councilman the following resolution was ADOPTED: AYES – 5
NAYS – 0
RESOLVED
THAT THE GALWAY TOWN BOARD DESIGNATE THE TOWN OF GALWAY TOWN BOARD AS “LEAD
AGENCY” FOR THE PURPOSE OF CONDUCTING AN ENVIRONMENTAL REVIEW OF THE PURCHASE
OF 17+ ACRES ON THE EAST SIDE OF NYS ROUTE 147, SOUTH OF THE VILLAGE OF
GALWAY FOR THE PURPOSE OF A TOWN PARK.
WHEREAS, the
Galway Town Board desires to fulfill its obligations under the State
Environmental Quality Review Act (SEQR), in conjunction with the purchase of 17+
Acres of land on NYS Route 147 to be utilized as a town park, and
WHEREAS, the
approval of said project is an “Unlisted Action” subject to the provisions of
the New York State Environmental Quality Review Act (SEQR) and the regulations
(6 NYCRR Part 617) promulgated to implement said Environmental Quality Review
Act, and
WHEREAS, the
provisions of SEQR require the designation of a “Lead Agency” to determine the
environmental significance of the Action, and
WHEREAS, the Town
Board has determined that no other agencies are involved in the review or
approval of the action, now therefore be it,
RESOLVED that the
Town of Galway Town Board
and the same is hereby designated the “Lead Agency” for the purpose of
conducting the SEQR review and determination of significance of the proposed
action.
Date Resolution Adopted:
November 15, 2005
AYES – 5 NAYS - 0 MOTION
CARRIED
RESOLUTION #
58-2005 - Town Board as lead
agency shall prepare a negative declaration pertaining to the 17 acres on NYS Route 147. Councilwoman Sutch had not reviewed
information from Supervisor Hargrave on this action. Supervisor Hargrave advised that if action
was not taken on this tonight, town would loose $50,000.00 grant. Supervisor Hargrave recessed meeting for 10
minutes to allow Councilwoman Sutch time to review material. On a motion of Councilman Topper, seconded by
Councilwoman Sutch the following resolution was ADOPTED: AYES – 5 NAYS
– 0
WHEREAS, the Town
of Galway Town Board
is the designated “Lead Agency” for the purpose of conducting the Environmental
Review of the purchase of 17+ Acres on NYS Route 147 for use as a town
park pursuant to (6 NYCRR Part 617) regulations of the State Environmental
Quality Review Act, and
WHEREAS, the
“Lead Agency” has caused the appropriate and necessary forms and materials
pertaining to its review of the project to be prepared, and
WHEREAS, upon
review of the information recorded on the project Environmental Assessment
Forms and consideration of the magnitude and importance of each impact, the
“Lead Agency” has reasonably determined that the purchase will result in no
major impacts and, therefore, is one which will not cause significant negative
impact to the environment, now, therefore, be it
RESOLVED, that
this agency, as the designated “Lead Agency”, shall cause the preparation and
filing of a Negative Declaration pertaining to purchase of 17+ Acres on
NYS Route 147 for use as a town park in accordance with prescribed regulations.
Date Resolution Adopted:
November 15, 2005
AYES – 5 NAYS – 0 MOTION
CARRIED
Other Business
– Supervisor Hargrave advised that Town
Clerk had request that Town Board make a donation to one of the three
organizations noted by the Bingham Family in honor of past Supervisor Patrick
Bingham. Supervisor Hargrave looked into
this request at county and found that contribution is perfectly legal. Councilman Weed suggested possibly setting up
a scholarship fund in Supervisor Bingham’s honor. Councilwoman Sutch stated that she would run
idea by DARE group at school and see what they suggest. Town Clerk suggested contacting family and
finding out what their thoughts were on an appropriate scholarship. Supervisor Hargrave felt it was best to get
different options together and run it by family. Board will work on this and make decision at
a later date.
RESOLUTION #
59-2005 – Authorization to go out for bid on arm mower. Board went into lengthy discussion with
Highway Superintendent on upcoming equipment purchases. Highway Superintendent stated that purchase
is listed in his five year plan, he would like to go out for bid now. On a motion of Councilman Topper, seconded by
Councilman Weed the following resolution was ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town
Board authorize the Highway Superintendent to go out for bid now on an arm
mower to be purchased in 2006 in an amount not to exceed $26,000.00 charged to
Account #: DA5130.2 , bid opening not to be scheduled until after January 1,
2006.
All ayes. MOTION
CARRIED
RESOLUTION #
60-2005 – Fee schedule for Planned Development District. Town Clerk could not find in any previous
minutes where a fee schedule was approved by Town Board for a Planned
Development District. Board went into
lengthy discussion regarding PDD fees. On
a motion of Councilwoman Sutch, seconded by Councilman Tillson the following
resolution was ADOPTED: AYES – 5 NAYS – 0
RESOLVED that the Galway Town Board approve the
following fee schedule with reference to a Planned Development District
Application: Residential Planned
District: $500.00 at application;
$100.00 per living unit or lot at final approval; Reimbursement by applicant to
town for all professional fees; Recreational fees of $250.00 per living unit or
lot at final approval.
Commercial/Industrial Planned District:
$500.00 at application; $25.00 per 1,000 square foot of
commercial/industrial space at final approval;
Reimbursement by applicant to town for all professional fees. Mixed use Residential/Commercial/Industrial Planned
Districts the residential fee schedule shall apply.
All ayes. MOTION
CARRIED
Board will make decision on adoption of a PDD application at
a later date. Councilman Weed liked
packet from Malta. Town Clerk stated that she could contact Malta and see
if their PDD packet can be emailed to town.
Supervisor Hargrave stated that he will scan Malta application and forward to
Planning Board for their review prior to our next meeting.
Councilwoman Sutch made a motion, seconded by Councilman Weed
to adjourn the meeting at 9:57 p.m.
All ayes. MOTION
CARRIED
Respectfully submitted,
Margaret
L. DeFoe
Town Clerk