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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, November 20, 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 Peter Trimarchi, 1359 Dean Street, Niskayuna, New York, for variances from Section 220-16 E (2) and Section 220-13, Schedule I-C of the Zoning Ordinance of the Town of Niskayuna for the installation of a 22.5’ X 46’ addition on the property noted above. The property is located in the R-2: Medium Density Residential District. Front Yard Setback: Section 220-16 E (2) states that if seventy (70%) percent or more of the lots on the same side of the street within five (500) hundred feet of this lot have buildings thereon prior to July 1, 1971, then, the front setback will be the average setback of those lots. As applied, the average front yard setback along Dean Street is 28’. As proposed, the new addition would extend to 14.2’ from the front property line.
Therefore, a 13.8’ front yard setback variance is required. Side Yard Setback: Section 220-13, Schedule I-C requires a fifteen foot (15’) side yard setback. As proposed, the addition would be 5.5’ from the side property line. Therefore, a 9.5’ side yard setback variance is required.
2. The appeal of Andrew E. Wisoff (occupant), 850 Oregon Avenue, Niskayuna, New York, for the reversal of a Notice and Order, dated September 10, 2013, stating that a home occupation exists at the property indicated above. The property is located in the R-2: Medium Density Residential District. Section 220-69(D)(1) of the Zoning Ordinance of the Town of Niskayuna states that “[t]he Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the Zoning Enforcement Officer and to that end shall have all the powers of the Zoning Enforcement Officer from whose order, requirement or
decision the appeal is taken.” Section 220-29 of the Zoning Ordinance of the Town of Niskayuna regulates Home Occupation Uses. Section 220-29(A) provides that “ [a] ‘home occupation’ is an occupation or profession which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and which is carried on by a member of the family residing in said dwelling unit.”
3. The appeal of Jonathan Kaplan, Red-Kap Sales, Inc., 1806 Erie Blvd., Schenectady, New York, for a variance from Sections 220-10E (3)(d) and 220-13, Schedule I-D of the Zoning Ordinance of the Town of Niskayuna for the application for a special use permit and site plan review to convert the existing service station into a convenience store and Dunkin Donuts with drive-thru on the property located at 1502 Balltown Road. The property is located in the C-N: Neighborhood Commercial District and Town Center Overlay District. Sections 220-10E (3)(d) and 220-13, Schedule I-D do not permit restaurants with vehicle pick-up and ordering facilities in the C-N: Neighborhood Commercial District. Therefore a use variance is required to allow the vehicle pick-up and ordering facility.
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