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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, June 18, 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 Jason Ryan, 22 Laura Lane, Niskayuna, New York, for a variance from Section 220-18 B (3) (c) of the Zoning Ordinance of the Town of Niskayuna for the construction of a 10’ X 8’ shed on the property noted above. The property is located in the R-2: Medium Density Residential Zoning District. Section 220-18 B (3) (c ) states that minor accessory structures, which are defined as structures 120 square feet in area or less, are not permitted closer than five (5) feet to the side and rear lot lines. As proposed, the shed is located 0’ from the property line; therefore a five (5) foot variance is required.
2. The appeal of Gabriel Rivadeneira, 939 Northumberland Drive, Niskayuna, New York, for a variance from Section 220-4 and Section 220-25B (1)(a) of the Zoning Ordinance of the Town of Niskayuna for the application to maintain a 6 foot fence on the property noted above. The property is located in the R-1: Low Density Residential Zoning District. Section 220-4 defines a corner lot as a lot at the intersection of two streets. Each street line shall be considered a front lot line. The interior lot line most nearly parallel to the rear of the principal structure shall be deemed to be the rear lot line. The other interior lot line shall be deemed to be the side line and the rear and side yard requirements shall be calculated accordingly. The property is on the corner
of Northumberland Drive and Avon Crest Boulevard. Section 220-25 B (1)(a) permits the maximum height for fences located in the front and side yards to be four (4) feet. As constructed, a six (6) foot high fence is located in the front yard along Avon Crest Boulevard and the side yard; therefore, a two (2) foot fence height variance is required.
3. The appeal of Zak Cassady-Dorion, (agent), 2500 Troy-Schenectady Road, Niskayuna, New York, for variances from Section 220-4, 220-25B (1)(a) and 220-18 B (2) of the Zoning Ordinance of the Town of Niskayuna for the construction of a six (6) foot height fence on the property noted above. The property is located in the R-1: Low Density Residential Zoning District. Section 220-4 defines a corner lot as a lot at the intersection of two streets. Each street line shall be considered a front lot line. The interior lot line most nearly parallel to the rear of the principal structure shall be deemed to be the rear lot line. The other interior lot line shall be deemed to be the side line, and the rear and side yard requirements shall be calculated accordingly. The
property is on the corner of Troy & Pearse Roads. Fence Height: Section 220-25 B (1) (a) permits the maximum height for fences located in the front and side yards, to be four (4) feet. As proposed, there will be six (6) foot high fencing located in the front yard along Pearse Road and six (6) foot high fencing in the side yard. Therefore, two (2) foot fence height variances are required for both locations.
Number of permitted structures: Section 220-18 B (2) states “There shall not be more than three accessory structures on a lot.” The property currently has five (5) pre-existing non-conforming accessory structures on it, including a “yard” fence. As proposed, your fence will replace this existing fence; therefore, a one (1) accessory structure variance is required.
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