The following are the minutes of the Town of Ballston Zoning Board of Appeals hearing held on Wednesday, November 7, 2007.

Mr. Lesniak congratulated Ms. Southworth.

Chariman Lesniak called the meeting at 7:30pm and Ms Brown led the Pledge of Allegiance. The chairman asked for corrections to the September 17, 2007 minutes. They were as follows:

Page 2) para; 11, by request of Mr. Lesniak "a front set back of", Page 3) para; 6, by request of Mr. Lesniak add "line"

Mr. Lesniak wanted to congratulate Patti Southworth and wish her the best on winning the election last evening for Town Supervisor.

Mr. Lesniak reviewed the agenda for this evening.

Michael Brooks, 112 Scotchbush Road for an area variance pursuant to section 138-8.1 for the construction of a 24’ x 30’ addition. Mr. Brooks was present to propose an addition on his existing residence with the lower floor consisting of a garage and upper floor will be master bedroom, bathroom and walk-in closet. Mr. Brooks said that the property is a 1.3 acre parcel approximately and has 79 linear feet of frontage along the roadway. Mr. Brooks approached the neighbors to the north to purchase land or to land swap with them and were not interested at the time. Mr. Brooks is proposing a 4ft side yard variance. The vegetation will remain on the site. Mr. Brooks said that the septic system will be 50ft to 55ft away from the proposed addition and is now 100ft. from the well.

Ms. Bell asked about the east view looked to be two garage doors. Mr. Brooks said that it will be used for storage.

Ms. Kane asked what the addition is going to be comprised of; bedrooms, living rooms. Mr. Brooks said that it will be a master bedroom, master bath and two walk-in closets. Mr. Brooks said that there will be stairs down to the existing house from the kitchen area up to there right now the existing house has one bedroom, living room and a kitchen. Ms. Kane asked and just one bath. Mr. Brooks replied yes, one bath.

Mr. Lesniak asked the applicant if the septic system meets the criteria for the proposed addition. Mr. Brooks said that the septic system is designed for a three bedroom home.

Mr. Lesniak opened the public hearing 7:50pm

Mr. Lesniak closed the public hearing 7:51pm

No one wished to speak

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

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

MOTION: Ms. Bell made a motion that the property at 112 Scotchbush Road be granted a side yard setback variance of 4ft. for the construction of an extension of his single family residence. Mr. Groves seconded the motion and all present voted in favor. CARRIED.

JAF, LLC, 318 Charlton Road for a use variance pursuant to section 138-10 for the removal of pole barn and replace with a pre-engineered structured. James and John Fantauzzi were present to represent the above application. Mr. Lesniak read through the narrative which indicates the removal of a 198’ by 63’ pole barn (12, 474sq. ft) that has been used for storage of raw and fabricated materials. The pole barn has become unsafe, and is in need of demolition. The applicants are planning to replace with a 12,000sq. ft. steel type pre- engineered structure. Mr. Lesniak said that the new structure will be used as a flex facility where the primary use will be (storage) and the auxiliary office space. Mr. Lesniak said that the applicant’s intent is to relocate the building line so it will conform to current setback rules and allow a larger access road along the westerly property line as to accommodate larger tractor trailers. The entrances will be relocated to the westerly property line to allow a more perpendicular access on and off the property, and to accommodate the 12’ easement conveyed west of the property. The parking has been placed in the front of the building. The applicant has made significant efforts to improve the view of the property by building the new structure bringing the structure with existing set backs, by moving the access point to the property and by providing new trees in front of the new building.

Mr. Lesniak said that in 1988 a use variance was granted for the home which needs to be addressed for the whole site where the applicant wants to have offices.

Mr. Fantauzzi said that the existing building has deteriorated, but it is not in danger of collapse.

Mr. Lesniak asked the applicant what is being proposed in the new building. Mr. Fantauzzi said a new flex type facility.

Mr. Fantauzzi said that the entrance will be moved to allow a more perpendicular 12’ easement conveyed west of the property.

Mr. Lesniak asked if there will be just storage and office space. Mr. Fantauzzi replied one type storage and small auxiliary office.

Mr. Lesniak asked if manufacturing will be done on site. Mr. Fantauzzi said for storage of construction equipment; forklifts, lifts, and 12 trucks. Ms. Bell said if a tenant takes over the space where will the equipment go. Mr. Fantauzzi said that it will be moved to other facilities.

Mr. Rogner asked if the applicant would be opposed to a stipulation that no manufacturing would ever go on in this new building. Mr. Fantauzzi said that they would be because if there were a fire they would want to move there business to into the proposed building. Mr. Groves asked if there was a target audience for the proposed space. Mr. Fantauzzi said that the target audience is loosing the right to rebuild if he doesn’t rebuild as soon as the building is torn down. Mr. Groves said that he is just looking at a shell not a proposed floor plan to get a look at to get a project use idea. Mr. Fantauzzi said that small businesses which may include fabrication, offices, storage and integrated use.

Mr. Groves said the scope of the applicants manufacturing consists of taking materials fabricating raw materials into a type of fire protection system which limits the scope of the business. Mr. Groves gave an example: If there was a cleaning business and uses the back half for storing their equipment and materials, but if another tenant for an automotive shop/repair shop it changes the scope and the use of the building. Mr. Reilly said that there is a nonconforming use and a concern with the intensification of that change of the use that might an adverse affect of the surrounding properties. Mr. Fantauzzi said that they feel that it is looking consistent.

Mr. Fantauzzi said that there is a fabrication assembly of fire sprinkler systems and storage of raw materials and offices. Mr. Lesniak asked if there are any hazardous materials. Mr. Fantauzzi said cutting oil which is taken off site.

Mr. Reilly said that in the zoning ordinance there are definitions of both heavy manufacturing and light manufacturing. Mr. Reilly went on to read both definitions heavy manufacturing "Any industrial process whereby the nature, size or shape of articles or raw materials are changed into a product which generally could be stockpiled in outdoor storage areas and would require shipping by rail or heavy truck", light manufacturing "Any industrial process whereby the nature, size or shape of articles or raw materials are changed into a product which generally shall be shall finished products not greater than two cubic feet in volume and which ordinarily would not be stockpiled in an outdoor storage area." Mr. Reilly said opposed to the present use, would any manufacturing take place and would it be light manufacturing as defined in the ordinance as opposed to heavy manufacturing. Mr. Reilly said if the Board could come to an agreement that there would be storage, office and light manufacturing other than if your present use has to go in that building. Mr. Fantauzzi is in agreement.

Mr. Reilly asked the applicants if they ship by truck. Mr. Fantauzzi replied yes.

Mr. Groves has a concern with expansion if the applicant were to start manufacturing their own pipe, or building their own pumps from scratch for their sprinkler systems.

Mr. Johnson said that the present owners are attempting to donate to the fire district and the likely use would be a fire station there which would act as a buffer between to the west of this proposal.

Mr. Lesniak said that the stipulations are as follows: Fabrication and assembly of fire sprinkler systems, storage of materials, office, and light manufacturing.

Mr. Groves said if the Board was to allow the existing use to continue, but stipulate that it would only be used for light manufacturing, storage and mercantile, the event that the land is sold, any subsequent tenants would not be able to do anything beyond the scope of what was stipulated.

Mr. Lesniak opened the public hearing 8:25pm

Mr. Lesniak closed the public hearing 8:26pm

No one wished to speak.

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

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

Mr. Lesniak said that this is a nonconforming use, but it is a use variance to include fabrication assembly, storage of materials, office and light manufacturing.

MOTION: Mr. Rogner moved to grant a use variance under section 138-10 of the zoning law for 318 Charlton Road for the construction of a 12,000sq. ft. structure which will replace the existing pole barn with the following stipulations that the new structure be used only for present the fabrication of fire controlled products which is presently being done on site, light industrial, office space, storage, light manufacturing as defined in the ordinance. No storage of hazardous materials which doesn’t restrict the use of legitimate materials used in the manufacturing process. Mr. Groves seconded the motion and all present voted in favor. CARRIED.

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

CARRIED.

Meeting was adjourned at 8:35pm.

Respectfully submitted,

Michelle L. Dingman