The following are the minutes of the Town of Ballston Zoning Board of Appeals hearing held on Wednesday, October 17, 2007.

Chariman Lesniak called the meeting at 7:30pm and Ms. Kane led the Pledge of Allegiance. The chairman asked for corrections to the October 3, 2007 minutes. They were as follows:

Page 1) para; 7 add "to" remove "place them", Page 2) para; 3 add "an undesirable change will be produced in the character of the neighborhood or a detriment to nearby", para 14, per the Boards request, add "business"

MOTION: Ms. Kane made a motion to accept the October 3, 2007 minutes as amended. Mr. Wood seconded the motion and all present voted in favor. CARRIED.

Mr. Lesniak reviewed the agenda for this evening.

Grant Anderson, 198 Kingsley Road, Burnt Hills, NY 12027 for an area variance pursuant to section 138-9.1 and a special use permit pursuant to section 138-6C. Mr. Lesniak said that the applicant is proposing an addition on their single family residence. Mr. Lesniak said that there are two issues; the residence is located in the Mixed Use Center South District and single family dwellings are not allowed and it is a non conforming use so a Special Use Permit is needed. Mr. Lesniak said that an area variance is needed; a reverse front setback variance in the Town of Ballston of 15ft maximum setback from the road; the applicant has 52.8ft.a reverse variance of 37.8ft is being proposed.

Mr. Anderson said that the proposal is for an 18ft. x 22ft. addition onto the existing home consisting of a single story with a crawl space which will be built off the back of the house.

Mr. Lesniak read the comment from the Saratoga County Planning Board; No Significant County or Inter Community Impact.

Mr. Rogner read the four criteria for a Special Use Permit.

1) The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of the adjacent districts. Mr. Anderson replied yes.

2) The location and size of the use, the nature and intensity of the operation involved or conducted in connection therewith, its site layout, and its relation to streets giving access to which shall be of such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. Mr. Anderson replied yes.

3) The location and height of buildings, the location, nature and height of walls and fences, and that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof. Mr. Anderson replied yes.

4) The public convenience and welfare will be substantially served and appropriate use of neighboring property will not be substantially or permanently injured, subject to appropriate conditions and safeguards as determined necessary to promote the public health, safety and welfare. Mr. Anderson replied yes.

Mr. Lesniak opened the public hearing at 7:42pm.

Mr. Lesniak closed the public hearing at 7:43pm.

No one wished to speak.

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

MOTION: Mr. Groves made a motion to issue a Special Use Permit under section 138-6C for 198 Kingsley Road for the extension of a nonconforming use for a single family home. Ms. Bell seconded the motion and all present voted in favor. CARRIED.

Mr. Lesniak indicated that the applicant has 15ft maximum is what is allowed by the Design Standards in the Mixed Use South District. The applicant has 52.8’ and a reverse variance of 37.8’ is required.

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. Anderson 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. Anderson replied no.

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

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. Anderson replied no.

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

MOTION: Ms. Bell made a motion a 37.8ft.front yard build to variance be granted for the construction of a family room to an existing single family residence at 198 Kingsley Road. Mr. Groves seconded the motion and all present voted in favor. CARRIED.

MOTION: Ms. Kane made a motion to adjourn.

Meeting was adjourned at 7:50pm.

Respectfully submitted,

Michelle L. Dingman