Westerlo in 2006
Debate on development, Flood Road permit, town attorney



WESTERLO — In a year marked by development debate, the Westerlo Town Board began by debating a master plan. Councilman Ed Rash, citing fast development, proposed a quick fix.

Rash pushed for zoning changes in January, presenting a proposal, which he said he’d worked on for over 10 months. Learning from zoning in nearby towns, he called for changes in minimum lot size, from three to five acres for a single-family home, and from five to seven acres for a two-family home. Rash also proposed subdivisions not exceed 10 units.

In September, residents Helene Goldberger and Paul Baitsholts filed a suit, charging that the town’s preliminary prior approval for a 12-lot subdivision adjacent to their property.

Near the end of the year, a group of residents — Citizens Against the Re-Appointment of the Town Attorney — sent a letter to the Enterprise editor and presented a statement to the town board, saying the town attorney, Aline Galgay, runs meetings rather than board members, and, they said, her practice in Westerlo results in a conflict of interest. The town board acts as the planning board since the planning board was disbanded in the early 1990’s.

Galgay said the group’s criticism was in response to a special-use permit granted to DeGennaro Fuel Service on Flood Road.

The town board backed Galgay, with each board member and long-time town clerk, Gertrude Smith, praising Galgay for her expertise on legal matters and on Westerlo’s municipal water district, officially completed this year.

DeGennaro debate

Despite protests from residents who packed town hall in September, the planning board granted a permit that allowed the DeGennaro family to put its fuel service business on Flood Road.

Before unanimously granting the special-use permit, residents and the town board members discussed the conditions and limitations of the town’s road system, the possible hazards which could result from issuing the permit, and the importance of retaining the town’s rural character.

DeGennaro Fuel Service, which is based in Earlton, is a heating oil company and roll-off trash container business, DeGennaro told The Enterprise.

The board restricted the permit to Guy DeGennaro, his wife, Patty, and their children; the permit allows 2 percent, which is 4.04 acres of the 202-acre parcel, to be used for commercial purposes. The board also restricted the DeGennaros to keep the commercial land contiguous.
"You can’t split it up, and put a quarter acre here and a quarter acre there," said Galgay.

The board also granted the permit on the condition that the company’s fuel containers and equipment remain hidden behind buildings or fences, and allowed the DeGennaros one bulk tank capable of storing 1,000 gallons for vehicle refueling purposes.
"The applicant is approved by the DOT," said Rash of the state’s Department of Transportation. "To deny him, we have to have a reason"I don’t think we have a good enough reason."

Sheila McGrath, who lives on Flood Road near the intersection of Route 11, requested the board not grant the permit until Flood Road is widened. McGrath also posed concerns about damages that could occur to the road if it is traveled by more vehicles.

McGrath had said at earlier board meetings that visibility is poor along Flood Road.
"The corners there are blind," she said.

Residents also stated their concerns about the nine-foot width of school buses, and the eight-foot width of heavy-duty commercial vehicles the DeGennaros have in their fleet. They were concerned there wouldn’t be enough room for such vehicles to pass each other on the road.

Highway workers, when asked by the board, said they hadn’t had problems with their trucks sharing the road with buses.

Planning challenged

Also in September, a couple sued the town over a proposed development and challenged the town board’s right to act as a planning board.

The town board dissolved the planning board in the early 1990’s after developers complained about the length of time and requirements to get approval for projects. Town board members have since assumed planning-board duties.

Baitsholts and his wife, Goldberger, are contesting the planning board’s decision in August to grant approval for a 12-lot residential development located adjacent to their properties.

The project, known as Emerald Meadows, is located along Stewart Road, adjacent to the towns of Berne and Rensselaerville. Properties of New York (PONY), owned by Salvatore Santonastaso (known as Sal Santo), Debra Levatino, and Elliott Fischman, wants to develop the 167-acre agricultural property. The planning board gave preliminary prior approval to the project in August.

Baitsholts and Goldberger filed an Article 78 petition, which allows citizens to challenge their government, in September. They claim the board neglected to address significant adverse environmental impacts to storm-water runoff, endangered plant species, and the condition of Stewart Road before awarding PONY preliminary prior approval for the project.

Roland Tozer, who chaired the planning board when it was dissolved, told The Enterprise in December that he thought the planning board, which was serving at the town board’s pleasure, was doing a good, "thorough" job. "We never did get a clear reason to why," Tozer said of the town board dissolving the planning board.
"I’m surprised they haven’t been sued more often," Tozer said. He said the board members don’t know about planning and they rush things along, relying on the town’s attorney to guide them.

Town attorney supported

In December, the town board backed Galgay despite some residents calling for her dismissal.

A handful of residents and the five board members discussed Galgay’s role within town government, and each board member supported Galgay, who has been the town attorney since 1997. The town board makes the appointment annually at its January re-organizational meeting. Galgay also serves as the zoning and planning attorney.

Galgay told The Enterprise that she will seek re-appointment. She also feels she has strong support from residents.

A small minority opposed her at the December meeting, she said, but the remaining residents at Town Hall were in support of her.
"I would stay with the town attorney," said Councilman R. Gregory Zeh.
"She does an adequate job. She does a good job," said Zeh. "So I would keep the town attorney." Zeh later called for a show of people in the gallery opposed to Galgay. Out of 40 to 50 residents, nine raised their hands.

The Citizens Against the Re-Appointment of the town attorney petitioned the board, asking that it elect an attorney for the town, an attorney from outside Westerlo, to eliminate any possible conflicts of interest.

Galgay and some residents said she recuses herself if any possible conflicts of interest arise.

Two women honored

Two Westerlo residents — a nurse and a deputy — received recognition this year.

Connie Myers, a psychiatric nurse, was recognized in May by the American Red Cross of Northeastern New York with the Excelsior College Nursing Award at the Salute to Hometown Heroes ceremony at the Crown Plaza in downtown Albany.

Myers was nominated for the award by former co-worker Steve Trim.
"I do care about my patients," said Myers. "They have burned so many bridges with their families and their communities."
Myers explained that a large percentage of her clients do not even receive visitors. Once patients are on their medication and stable, many of them begin to realize how much they have lost due to their illnesses but, by then, she said, "They don’t have anyone.
"As long as I can remember, I always wanted to be a nurse," Myers said.

She has worked at the Capital District Psychiatric Center for 16 years and was saluted for saying all the right things.

The town of Westerlo declared June 1 to be Debra Gilham Day.

Gilham, the first woman to retire as a deputy sheriff from the Albany County Sheriff's Department, was the first in her family to get involved in law enforcement. She grew up in a small town where the community looked up to police officers, making law enforcement a viable career choice, she said.
"I wanted to help people and this was one way I could do that," she said

Gilham was a 28-year-old single parent when she decided to take the exam and passed. She began her 25-year career as a deputy sheriff on May 22, 1981.

Gilham also served the community as a certified emergency medical technician (EMT) and as a certified child passenger safety technician. She was also actively involved in the New York State Sheriffs’ Association Summer Camp and Hilltowns Community Resource Center Christmas Toy and Food Drive.

Gilham worked with local organizations and businesses to provide needy children in the Hilltowns a merry Christmas. Every year, toys, food, gift certificates, and other resources are collected from the community then dispersed to local families. While children spend time with Santa Claus, parents pick out toys in the back room of the resource center.
"It was a lot of fun," she said. "The people in the community were really great. I always felt like I was just doing my job and they were giving so much more back to me."