The following are the minutes of the Town of Ballston Zoning Board of Appeals hearing held on Wednesday, October 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 August 1, 2007 minutes. They were as follows:

Page 1) para; 6 add "these", Page 2) first para; add "he", Page 6) para; 5, change "that if" to "no because"

MOTION: Ms. Kane made a motion to accept the August 1, 2007 minutes as amended. Ms. Brown seconded the motion and all present voted in favor. CARRIED.

Mr. Lesniak reviewed the agenda for this evening.

Mr. Lesniak mentioned the case of Kathleen Morris on 97 Midline Road who was proposing an area variance to pursue a PUD to hold outdoor weddings which now has been withdrawn. Mr. Lesniak asked Michelle place all the letters from the neighbors to place them in the file in case the application is renewed at a future date.

Vernon St.Amour, 206 Church Ave for an area variance pursuant to section [138-8.1] for the construction of a detached 24’ x 24’ garage. Mr. St. Amour was present to present the application to the Board. Mr. St. Amour had recently torn down an existing 19’ 7" x 24’ garage to replace with a 24’ x 24’ garage. Mr. St. Amour needs an area variance of 11, 269 sq. ft and a rear set back of 5’.

Mr. St. Amour said upon review it was determined that the addition would be to the north side of the property because there was an issue of a septic system which lay to the north and initially thought it would be too close to extend to the north and after reviewing the sketches the septic system is 17’ out from the old foundation.

Mr. Lesniak asked the applicant why the new garage was not brought closer to the road and more in line with the house which then would not need a rear yard setback. Mr. St. Amour said that it would have been more involved and wanted to keep within the 60’ setback.

Ms. Bell asked the applicant if this garage will be used for the storage of cars. Ms. Bell also asked if there would be business operations run out of the garage, if hazardous materials would be stored and if the garage would be used for living space or a rental property. Mr. St. Amour replied no just for the storage of two vehicles.

Mr. Rogner went through the five criteria of an area variance:

1) Whether the properties will be created by the granting of the area variance. Mr. St. Amour

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. St. Amour replied no.

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

Mr. Lesniak opened the public hearing 7:40pm

Mr. Lesniak closed the public hearing 7:41pm

No one wished to speak.

Ms. Brown asked what the design of the proposed garage looked like. Mr. St. Amour described it to Ms. Brown.

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 under SEQR and therefore exempt from review. All present voted in favor. CARRIED.

MOTION: Ms. Bell made for the property at 206 Church Ave for the construction of 24’ x 24’ garage with a lot area variance of 11,269 sq. ft. and a rear yard set back of 5’ for the garage for storage of personal vehicles and no other business or storage or living quarters. Mr. Groves seconded the motion and all present voted in favor. CARRIED.

Mr. Lesniak said that there will be a special meeting on October 17, 2007.

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

CARRIED.

Meeting was adjourned at 7:45pm.

Respectfully submitted,

Michelle L. Dingman