PUBLIC HEARING
DECEMBER 4, 2007
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

OTHER PRESENT: N. Cayey; D. Balbian; S. Baily; J. Novak; L. Buhrmaster; J. Buhrmaster; D. Bellone; G. Rundell; & M. DeFoe, Town Clerk.

Supervisor Hargrave stated that the purpose of tonight’s public hearing was to listen to public’s comments and concerns regarding proposed zoning changes.

The clerk read the legal notice as placed in the Daily Gazette on November 19, 2007, November 26, 2007 & December 3, 2007 and posted at Town Hall; Library; Post Office & Bank. Public Hearing for purpose of reviewing Local Law # 2 of 2007, - “Changes to the Code of the Town of Galway regarding its Subdivision & Zoning Laws”.

Communications – All Board Members received copies of correspondence from Michael VanWart strongly opposing the adoption of the proposed zoning. Board Members also received copies of correspondence from Consultant, Nan Stolzenburg responding to letter of December 3, 2007 from Michael VanWart.

Privilege of the Floor – Joe Novak would like to see zoning changed to eliminate ability to subdivide land. He would like to see Galway remain rural. Lou Buhrmaster had concerns with public hearing being held on zoning changes in the off season for campers, since many of changes have to do with Lake District. Mr. Buhrmaster had concerns with the following areas: height regulation for buildings; regulation changes with reference to Onsite Wastewater Treatment Systems on new or replacement systems & regulations on OWTS with reference to inspection being required when property is sold. Mr. Buhrmaster requested that Town Board not act on these changes now, but wait for summer months for campers to have input on hearing. Sheelagh Baily stated that she was very happy to see update finally being addressed. Sheelagh stated that she was Chair of Comprehensive Plan Committee and also former Chair of Planning Board. She informed Mr. Novak that the creation of his parcel was due to a subdivision of land from a larger parcel. Mr. Novak felt that only large parcel subdivisions should be allowed. Sheelagh felt the creation of this soil maps would help greatly for identification purposes regarding development. She felt there were currently more and more camps in lake district that are being converted to permanent residents which increasing the density on lake. This increased density places a significant impact on lake. Sheelagh felt the zoning changes were not a permanent document, they are always in transition. Changes can be made to this law. John Buhrmaster commended Town Board for work on document. He would like to address one area of concern, section 115.20E6. John would like the wording “when property is sold” removed. Joe Novak reiterated his thought of keeping Galway rural. Sheelagh Baily stated that it was determined while working on the comprehensive plan that the community wanted to keep Galway rural. Change will happen, this will hopefully control that change. Supervisor Hargrave stated that page 3, Section 115-2, Purpose under F, G & H clearly stated that purpose. Dennis Bellone built a fairly substantial size home in Ruback’s Grove. After being in the grove for several years now he feels that larger lots are not the way to go. He would like to see these smaller lots with small camps around lake instead of bigger homes. Supervisor Hargrave stated that town could not regulate sales. He felt if the smaller camps had working system that they should not be required to have testing done prior to sales. Sheelagh Baily stated that she has a camp in the Adirondack’s and thought she had a working system until dye was put in and it was determined that it wasn’t a working system. David Balbian asked if the letter from Mr. VanWart was public information. Town Clerk stated that it was public information; copy of letter was given to him to read. Supervisor Hargrave stated that the Town Board would have Section 115.20E6 reviewed. If wording is changed there would be another public hearing. Board went into discussion regarding this section of proposed law. Councilwoman Sutch stated that Section 115.20E8 addresses the use of holding tanks. Neil Cayey stated that in Section 115.20E8 “i.e.” should be changed to “e.g.” Lou Buhrmaster stated that his bank is probably one of the largest holders for camps on lake; they don’t require a professional engineer study be preformed on camps when sold. They don’t require this because they are confident in the Lake Associations control over this issue. Councilwoman Sutch stated that it is her understanding that the lake association dues is voluntary, what if someone doesn’t comply with the rules and regulations of lake association? What mechanism does the lake association have in place for forcing issue? Glenn Rundell, president of lake association stated that town building inspector has helped with the few issues that they have had.

The Public Hearing was adjourned at 7:43 p.m.

Respectfully submitted,

Margaret L. DeFoe
Town Clerk