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TOWN OF NISKAYUNA
ZONING BOARD OF APPEALS
One Niskayuna Circle
Niskayuna, New York 12309-4381
The Zoning Board of Appeals of the Town of Niskayuna will conduct a regular meeting on WEDNESDAY, July 17, 2013 at 7:00 P.M. in the Town Board Meeting Room, Town Hall, One Niskayuna Circle, Niskayuna, New York to consider the following matters:
1. The appeal of Constance Clarke, 1177 South Country Club Drive, Niskayuna, New York, for a variance from Section 220-18 B(3)(c) of the Zoning Ordinance of the Town of Niskayuna for the application to maintain an 8’ X 12’ (96 sq. ft.) shed on the property noted above. The property is located in the R-2: Medium Density Residential Zoning District. Accessory Structures: Section 220-18 B (3) (c) states that minor accessory structures, which are defined as those less than 120 square feet in area, are not permitted closer than five (5) feet to the side or rear lot lines. As constructed, the shed is located 3.5’ from the side property line. Therefore; a 1.5’ side yard setback variance is required.
2. The appeal of John Fry, (agent), Jersen Construction Group, 6 Industry Drive, Waterford, New York, for a variance from Section 220-18 A (3) of the Zoning Ordinance of the Town of Niskayuna for the construction of a 36’ X 48’ garage on the property located at 10 Covington Court. The property is located in the R-R: Rural Residential Zoning District. Section 220-18 A (3) states: “Unless otherwise specified, accessory structures shall not exceed 15 feet in height.” As proposed, the garage would have a height of 24 feet; therefore a 9 foot building height variance is required.
3. The appeal of Nicholas Belcastro, 770 Huntingdon Drive, Niskayuna New York, for a variance from Section 220-25 B (1)(a) of the Zoning Ordinance of the Town of Niskayuna to maintain a six (6) foot fence on the property noted above. The property is located in the R-1: Low Density Residential Zoning District. Section 220-25 (B)(1)(a) permits the maximum height for fences located in the front and side yard to be four (4) feet. As constructed, a six (6) foot high fence is located in the side yard; therefore, a two (2) foot fence height variance is required.
4. The appeal of Vincent Villaume, 907 Inman Road, Niskayuna, New York, for a variance from Section 220- 18 A (2) of the Zoning Ordinance of the Town of Niskayuna for the construction of a 10’ X 16’ shed on the property noted above. The property is located in the R-1: Low-Density Residential Zoning District. Front Yard: Section 220-18 A (2) states that accessory structures are not permitted in the front yard of any lot. The Zoning Ordinance defines front yard as a yard situated between the main building and the front line of the lot and extending the full width of the lot. Since the property has frontage on two streets, Inman Road and Driscoll Place, all yards between the house and the streets are front yards. As proposed, the shed is located between the house and Driscoll Place in
what constitutes a front yard; therefore, a variance from this section is required.
5. The appeal of Mr. & Mrs. Domenic Capoccia, 2820 Balltown Road, Niskayuna New York, for variances from Section 220-10H and 220-13, Schedule I-F of the Zoning Ordinance of the Town of Niskayuna, for the application for site plan review for the renovation of a garage to allow retail sales and a wine tasting room open to the public at the property noted above. The property is located in the I-R: Research and Development Zoning District. Sections 220-10H and 220-13, Schedule I-F do not permit retail sales and a wine tasting room in the I-R: Research and Development Zoning District. Therefore a use variance is required to allow the two uses.
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