FORESTBURGH — The evidentiary hearing before the Forestburgh Zoning Board of Appeals (ZBA) regarding the denial of building permits to Lost Lakes Holdings LLC (LLH) proceeded on Thursday, June …
FORESTBURGH — The evidentiary hearing before the Forestburgh Zoning Board of Appeals (ZBA) regarding the denial of building permits to Lost Lakes Holdings LLC (LLH) proceeded on Thursday, June 23, with the continuation of the cross examination of Building Inspector Glenn Gabbard from LLH legal representative Steven Barshov.
In the cross examination, Barshov presented Gabbard with a number of visuals and letters regarding the architecture of the building plans that were denied. These documents included rendered visuals of building plans, fact statements, affidavits, and memorandums that were written and by various individuals involved in the case.
At the previous meeting on June 22, Gabbard was represented by Harris Beach PLLC member Elliot Hallak. However, the following day’s hearing brought fellow Harris Beach associate Meaghan Feenan onto the scene to represent Gabbard.
The cross examination concluded for the day after Gabbard was granted additional time to examine presented documents and was excused.
After Gabbard's departure, Barshov requested from the ZBA another subpoena, this time for the appearance and testimony of engineer Charles Voss. According to Gabbard’s testimony, Voss assisted him in his decision making process, but that the overall decision to not issue the building permits was his alone.
To this request, Barshov was denied by the ZBA, but was encouraged by the Board to contact Voss should he so please.
Barshov also discussed with the ZBA and their legal representative Javid Afzali of Harris Beach PLLC the definitions and uses of Amicus briefs, and whether two recent submissions should be recognized in the case.
After a common definition was met, Barshov requested of the Board the opportunity to respond via writing on whether the submissions are appropriate to recognize as amici, to which the Board obliged.
The ZBA has yet to take any official action regarding the appeals process. The cross examination is in talks to continue once again on a later date.
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