FORESTBURGH –– In the continuing preparation for an evidentiary hearing regarding the appeal to denied building permits to Lost Lakes Holdings, Steven Barshov of Sive, Paget, and Riesel P.C. requested the Forestburgh Zoning Board of Appeals (ZBA) on Tuesday, April 26, issue subpoenas to gather a more complete record - a request that was ultimately denied.

After discussions between Barshov and the Zoning Board at the conclusion of a mid-meeting executive session, May 23 was the date set for the evidentiary hearing.

According to Barshov, the subpoenas that were requested and denied were intended to ensure not only a greater, more-complete record be gathered before the hearing, but also to inspect the manner of conversations via email between the Building Code Inspector Glenn Gabbard and ZBA Attorney, Javid Afzali.

Barhsov claims Afzali’s position as ZBA Attorney in this case may be compromised due to a possible conflict of interest as him acting as the attorney for both the ZBA and Building Department.

Barshov told the Board that his client is entitled to a ZBA that “looks into what is going on, finds the facts, gets the documents, looks at all of this, and then can make a fair decision.”

ZBA members argued that the Town Board is the body who appoints an attorney to represent the ZBA, which they have no say on.

Exiting executive session, the Board ultimately voted to dismiss the request to issue subpoenas.

Barshov’s argument also included criticism of the lack of response from correspondence letters addressed to the ZBA for months, and the expansion of building permit criteria.

The next step in the appeals process is the evidentiary hearing itself, which has been set for May 23 at 6:30 p.m. at the Forestburgh Town Hall.