The following are the minutes of the Town of Ballston Zoning Board of Appeals hearing held on Wednesday, January 3, 2007.

Chariman Lesniak called the meeting at 7:30pm and Ms. Kane led the Pledge of Allegiance. The Chairman asked for corrections to the November 1, 2006 minutes. They were as follows:

Page 2) 3^rd para; changing to "change", 5^th para: change is to "in". Page 3) 4^th para; add "from" after statement delete "from" before received. Page 4) 1st para; delete "is in", 2^nd para; add "," after house, 7^th para; add "was" after house. Page 5) add 2^nd para; add "is after and, 8^th para; add ";" after attached, add "," after said, delete "that", 8^th para; add "that" after attachment, 9^th para; add "to" after close.

MOTION: Ms. Kane made a motion to accept the November 1, 2006 minutes as amended. Mr. Rogner seconded the motion and all present voted in favor. CARRIED.

Chairman Lesniak made the applicant aware that the Board is one member short this evening and in order for an application to pass the applicant needs four positive votes. Mr. Shambo elected to have to Board hear the case this evening.

Chairman Lesniak reviewed the agenda for this evening.

Colin J. Shambo, 459 Devil’s Lane for an area variance pursuant to section {138-10.1}. Chairman Lesniak said that the applicant is proposing to construct a 30ft. x 40ft. pole barn meeting all the required setbacks accept for an area variance of 36,440 sq. ft.

Mr. Shambo said that the pole barn will be used for the storage of tools and two recreational vehicles. Mr. Shambo said that it will be a small workshop.

Mr. Rogner asked if the pole barn will be used for storage. Mr. Shambo said that it will be used for storage and a workshop.

Mr. Rogner asked the applicant if there are plans to operate any type of business out of the pole barn. Mr. Shambo replied no.

Mr. Rogner asked if the pole barn will be used for living accommodations. Mr. Shambo replied no.

Mr. Lesniak asked if there will be any storage of hazardous materials. Mr. Shambo replied no.

Mr. Groves asked if the pole barn will be heated. Mr. Shambo replied no, it will be used to keep personal belongings out of the elements; a snowmobile trailer and a boat.

Mr. Brown asked if the pole barn is a single story. Mr. Shambo replied yes and it will have rafters, but no overhead storage; only 10ft. walls.

Ms. Bell went through the five criteria of an area variance:

1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. Mr. Shambo replied no.

2) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Mr. Shambo replied no.

3) Whether the requested area variance is substantial. Mr. Shambo replied no.

4) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood of district. Mr. Shambo replied no. Ms. Bell asked if there will be any runoff or water retention problems. Mr. Shambo said that it is relatively level ground and does not see any problem with rain runoff or snow.

5) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. Mr. Shambo replied no.

Chairman Lesniak opened the public hearing 7:40pm.

Chairman Lesniak closed the public hearing 7:41pm.

No one wished to speak.

MOTION: Mr. Brown motioned to name The Town of Ballston Zoning Board of Appeals the Lead Agency in the SEQR process. Mr. Groves seconded the motion and all present voted in favor. CARRIED.

MOTION: Mr. Brown moved to issue a Negative Declaration, with the basis that there is not a potentially significant environmental impact. Mr. Groves seconded the motion. CARRIED.

MOTION: Mr. Rogner made a motion to grant a lot area variance pursuant to section {138-10.1} of 36, 440 sq. ft. at 459 Devil’s Lane for the construction of a 30ft. x 40ft. pole barn, with the following stipulations that there will be no living accommodations in that building and there will be no business operated out of the pole barn; strictly for storage and personal use. Ms. Bell seconded the motion. Mr. Groves voted in favor, Ms. Bell voted in favor, Mr. Rogner voted in favor, Ms. Kane voted in favor, Mr. Brown voted in favor, and Mr. Lesniak voted in favor. CARRIED.

MOTION: Mr. Brown made a motion to adjourn. Ms. Kane seconded the motion. CARRIED.

Meeting adjourned at 7:45pm.

Respectfully submitted,

Michelle L. Dingman