The following are the minutes of the Town of Ballston Zoning Board of Appeals hearing held on Wednesday, July 11, 2007.

Chariman Lesniak called the meeting at 7:30pm and Mr. Rogner led the Pledge of Allegiance.

Mr. Lesniak introduced the Ellen Brown, Alternate who will be filling in for a member of the Board who is seriously ill until he can return.

The chairman asked for corrections to the June 6, 2007 minutes. They were as follows:

Page (1) para; 9) change preset to "present". Page (2) para; 12) Strike the Negative Declaration and replace with "Ms. Bell made a motion to declare this a Type ll Action." Page 3) para; 11) add "then referred to a previous Special Use Permit granted to Dr. Morris for a Home Occupation., para; 13) strike "to" add "or". Page 6) first para strike the Negative Declaration and replace with "Ms. Bell made a motion to declare this a Type ll Action, para; 10) strike the Negative Declaration and replace with "Ms. Bell made a motion to declare this a Type ll Action". Page (7) para; 17) Strike the Negative Declaration and replace with "Mr. Rogner made a motion to declare this a Type ll Action."

Ms. Kane made a motion to accept the minutes as amended. Mr. Wood seconded the motion and all presented voted in favor accept Ms. Brown who recused herself. CARRIED.

Mr. Lesniak reviewed the agenda for this evening.

Mr. Lesniak said that there is one old business case that will not be heard this evening that applied for an area variance that required 5 acres to pursue a PUD with the Town Board to hold outdoor weddings and only had 3.6 acres. Mr. Lesniak said that the applicant’s need to provide a parking plan. Mr. Lesniak said that numerous letters have been received, and are encouraged to be sent to the Board and will become part of the public record once the applicant returns and the Board hears the case and at that time the public hearing will be reopened. .

Donald F. Lang, 475 Garrett Road for an area variance pursuant to section 138-10.1 for the construction of 32’ x 28’ garage with living space above ;{ carriage house}. Mr. Lang was present to present the case to the Board. Mr. Lesniak went on with the following variances needed from the

applicant an area variance of 59,963 sq. ft., lot width variance of 75ft. Mr. Lesniak read the narrative provided by the applicant who indicated that said lot was once a buildable lot which now requires a variance and now needs permission from the Town.

Ms. Kane asked if the applicant will be living in the proposed house. Mr. Lang said that his son will be living in the carriage house. Mr. Lang said that the upstairs of the carriage house will be used for living quarters and the downstairs will be used to store cars. Ms. Kane asked the applicant if he has further plans to build on the lot. Mr. Lang replied no. Ms. Kane asked if the applicant if a business will be conducted out of the building. Mr. Lang replied no.

Mr. Lesniak asked the number of cars that can fit in the garage. Mr. Lang replied three.

Ms. Bell asked the applicant if he tried to purchase adjoining property. Mr. Lang replied that he contacted Dr. Kelley who would not sell any of his property.

Ms. Bell asked if the driveway could have a turn-around to alleviate backing up onto Garret Road. Mr. Lang replied yes, that the driveway will have a turn-around.

Mr. Lesniak asked the applicant if he plans to connect to municipal water. Mr. Lang said that a well will be installed on the property. A further discussion was held on separation between well and septic of neighboring properties.

Mr. Lesniak opened the public hearing 7:42pm

Mr. Lesniak closed the public hearing 7:43pm

No one wished to speak.

Ms. Brown asked if the lower level will be turned into living space. Mr. Lang said that it will be used only for storage.

Mr. Rogner 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. Lang replied no because the existing lots are 100’ x 115’ wide.

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. Lang replied yes.

3) Whether the requested area variance is substantial. Mr. Lang replied yes.

4) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood of district. Mr. Lang replied no

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. Lang replied no.

MOTION: Mr. Rogner 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. Rogner motioned to declare this a Type ll action. Ms. Bell seconded the motion and all present voted in favor. CARRIED.

MOTION: Ms. Kane made a motion to grant an area variance at 475 Garrett Road for the construction of a single family unit with a lot area variance of 59, 963 sq. ft. and a lot width of 75ft. with the stipulations that the garage to be used for personal storage, no commercial or business operations. Ms. Bell seconded the motion and all present voted in favor. CARRIED.

MOTION: Ms. Kane made a motion to adjourn. Ms. Bell seconded the motion.

Meeting was adjourned at 7:50pm.

Respectfully submitted,

Michelle L. Dingman