The following are the minutes of the Town of Ballston Zoning Board of Appeals hearing held on Wednesday, March 5, 2008.

Chariman Lesniak called the meeting at 7:30pm and Ms. Kane led the Pledge of Allegiance. The chairman asked for corrections to the correction to the February 6, 2008 minutes. They were as follows:

Page 2) 7^th para; change "moths" to "months" last para; change "seems" to "months"

MOTION: Ms. Kane mad a motion to accept the February 6, 2008 minutes as amended. Ms Bell seconded the motion and all voted in favor except Mr. Lesniak who abstained.

Mr. Lesniak reviewed the agenda for this evening.

George McAllister, 90 Connolly Road for an area variance pursuant to section (138-11.1) and 280A Relief for the construction of a 18’ x’ 50’ garage. Mr. Lesniak read through the narrative stating the applicant is requesting 280A Relief and an area variance of 34, 698 sq. ft. to construct an 18’ x 50’ garage for storage.

Ms. Bell asked the applicant how the road is maintained. Mr. McAllister said the homeowner’s maintain the private road by helping with the snow removal and filling in the pot holes so emergency vehicles can gain access.

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

MOTION: Mr. Rogner motioned to declare this a Type ll action under SEQR and therefore exempt from review. Mr. Bell seconded the motion all present voted in favor. CARRIED.

MOTION: Ms. Kane made a motion to approve 280A at 90 Connolly Road. Ms. Brown seconded the motion and all present voted in favor. CARRIED.

Mr. Lesniak asked the applicant is he wanted to table the application until next month due to a six member Board this month; one member absent. Mr. McAllister chose to continue.

Mr. Lesniak reiterated that the applicant is requesting an area variance of 34, 698 sq. ft. to construct an 18’ x 50’ pole barn.

Mr. Rogner said that this Board is charged with granting the minimum variance and asked the applicant if he has tried to purchase adjoining property. Mr. McAllister replied no, the adjoining owners have resided there for over forty years and there is no property available. Mr. Rogner said there will be no living quarters or no business run out of the pole barn. Mr. McAllister replied no; the use is only for storage. The temporary structure existing will be either dismantled or moved behind the pole barn. Ms. Bell said that the temporary structure will need a building permit when relocated. Mr. McAllister said that he has spoken to Mr. Johnson, Building Inspector about a building permit for the temporary structure if relocated.

Mr. Rogner asked the location of the leach field. Mr. McAllister said that it is an above ground mound system located on the west side of Connolly Road.

Mr. Lesniak opened the public hearing 7:45pm

Mr. Lesniak closed the public hearing 7:46pm

No one wished to speak

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. McAllister 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. McAllister replied no.

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

MOTION: Mr. Rogner made a motion to approve an area variance at 90 Connolly Road pursuant to section 138-11.1 for the construction of an 18’x 50’ pole barn/garage with the following variances: area variance 34,698 sq. ft., lot width variance of 130ft. with the follow stipulations: No living quarters, no business to run out of the new structure, dismantle temporary structure or acquire a building permit. Mr. Wood 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