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Zoning Board of Appeals
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, May 21, 2014 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 Larry Cunningham, (agent), 1019 Sacandaga Road, Glenville, New York, for a variance from Section 220-53 B, and Section 220-13, Schedule I-C of the Zoning Ordinance of the Town of Niskayuna for the construction of a 13’ X 24’ addition on the property located at 1520 Myron Street.  The property is located in the R-2: Medium Density Residential Zoning District. Section 220-53 B allows an addition to a nonconforming structure that brings it no nearer to a side line than the existing structure or one-half (1/2) the required distance for the zoning district, whichever is greater. Section 220-13, Schedule I-C requires a side yard setback of fifteen (15) feet.  Since the existing house is only 6.5 feet from the side line, 7.5 feet becomes the minimum required side setback.  As proposed the addition will be 2.5’ from the side line; therefore a 5 foot side yard setback variance is required.

2. The appeal of Saxton Sign Corp, (agent for Metro Ford), 1320 Route 9, Castleton, New York, for a variance from Section 220-13, Schedule I-E of the Zoning Ordinance of the Town of Niskayuna for the application for a building permit for signage for Metro Ford, located at 3601 State Street. The property is located in the C-H: Highway Commercial Zoning District.
Section 220-13, Schedule I-E refers to Schedule I-D, which states that [for] each linear foot of building frontage, 1 square foot of sign area shall be permitted.  Such sign shall only be attached to the building face and shall not protrude more than one foot from the building face and be a single face sign.  Where uses are joined by a common wall, such sign area shall not be combined into a common sign area.  Under no circumstances shall any 1 façade sign exceed 50 square feet.  As proposed, Metro Ford would have one (1) more façade sign, than pre-existed on their building; therefore, a variance for the additional sign is required.

3. The appeal of Saxton Sign Corp, (agent for Metro Ford), 1320 Route 9, Castleton, New York, for a variance from Section 220-13, Schedule I-E of the Zoning Ordinance of the Town of Niskayuna for the application for a building permit for signage for Quicklane located at 3631 State Street. The property is located in the C-H: Highway Commercial Zoning District. Section 220-13, Schedule I-E refers to Schedule I-D, which states that [for] each linear foot of building frontage, 1 square foot of sign area shall be permitted.  Such sign shall only be attached to the building face and shall not protrude more than one foot from the building face and be a single face sign.  Where uses are joined by a common wall, such sign area shall not be combined into a common sign area.  Under no circumstances shall any 1 façade sign exceed 50 square feet.  As proposed, Quicklane would have two (2) more façade signs than pre-existed on their building; therefore, a variance for the two (2) additional signs is required.



4. The appeal of Mr. John Isopo, 579 Pearse Road, Niskayuna, New York, for a variance from Section 220-53A of the Zoning Ordinance of the Town of Niskayuna for the application for site plan review for the addition to the existing restaurant located at 2850 River Road.  The property is located in the R-1: Low Density Residential Zoning District. Section 220-53A states “General. A nonconforming building may be structurally altered as long as cumulative alterations do not add more than 10% to the usable floor area of said building or structure as it existed on July 1, 1971, and when a valid zoning and building permit has been obtained.  Such alteration shall not tend to increase any inherent nuisance, nor shall such alterations violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated or increase any existing violation of such provision.”  The original restaurant building was 1158 sq. ft. in size.  Use variances were granted in 1982 to expand the building 10% (114 sq. ft.) and in 1998 to expand the building 20% (258 sq. ft.) bringing the total square footage to 1492.  As proposed you will be expanding the existing building 43% (649 sq. ft.) bringing cumulative alterations to 73%. Therefore a use variance is required.