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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, August 20, 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 Russ Hazen, Ray Sign, Inc., 28 Colonial Avenue, Schenectady, New York, for variances from Section 220-13, Schedule I-E and Section 220-22 A (11) of the Zoning Ordinance of the Town of Niskayuna to allow a building permit for two signs for the Mobil Gas Station located at 3497 State Street.  The property is located in the C-H: Highway Commercial Zoning District. The application is denied based upon the following requirements of the Zoning Ordinance: 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, 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. Since the Mobil Gas Station is a single use building, they are allowed one sign attached to the building face only. As proposed, Mobil would place two signs on the property.  Both are channel letter signs which would be attached to a canopy over the gas pumps.  Therefore, a variance from this section is required for non-building mounted signs.  Section 220-22 A. (11) restricts signage from being placed between the street and the building line.  As proposed, Mobil would have signage located between the street and the building line.  Therefore, a variance from this section is required.

2. The appeal of Joseph Petrozola, 1579 Valencia Road, Niskayuna, New York 12309, for a variance from Section 220-25 B (1)(a) of the Zoning Ordinance of the Town of Niskayuna for the construction of a 6 foot fence on the property noted above.  The property is located in the R-2: Medium Density Residential Zoning District. Fence:  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, a six (6) foot high fence would be located in the side yard; therefore, a two (2) foot fence height variance is required.

3. The appeal of Mr. & Mrs. Matthew Luther, 847 Pearse Road, Niskayuna, New York, for variances from Section 220-13, Schedule I-B of the Zoning Code of the Town of Niskayuna for the application for a building/zoning permit for the property located at 847 Pearse Road (lot#2). The property is located in the R-1: Low Density Residential Zoning District. Section 220-13, Schedule I-B states “the minimum lot width requirement in the R-1: Low Density Residential Zoning District is 100 feet.”  As proposed Lot #2 has a lot width of 94.38 feet.  Therefore a variance of 5.62 feet is required for Lot #2. Section 220-13, Schedule I-B states “the minimum lot size in the R-1: Low Density Residential Zoning District is 18,000 square feet.”  As proposed Lot #2 has a lot area of 16,061 square feet.  Therefore a variance for lot area of 1,939 square feet is required.

4. The appeal of Paul Sebesta, 835 Pearse Road, Niskayuna, New York, for variances from Section 220-13, Schedule I-B and Section 220-18A(2)of the Zoning Ordinance of the Town of Niskayuna for the application for a building/zoning permit for the property located at 845 Pearse Road (lot #3). The property is located in the R-1: Low Density Residential Zoning District. Section 220-18A(2) states “Except as otherwise specified in this chapter, accessory structures are not permitted in the front yard of any lot”.  The existing barn on Lot #3 is located in the front yard, therefore a variance is required. Section 220-13, Schedule I-B states “the minimum side yard setback for major accessory structures is 20 feet.”  The existing barn on Lot #3 is 8.3 feet from the side yard lot line.  Therefore a variance of 11.7 feet is required.

5. The appeal of Karl Griffith, Griffith Dardanelli Architects, 670 Franklin Street, Schenectady, New York, for a variance from Section 220-4 of the Zoning Ordinance of the Town of Niskayuna for the construction of a mausoleum on the property located at Most Holy Redeemer Cemetery, 2501 Troy Road. The property is located in the R-1: Low Density Residential and L-C: Land Conservation Zoning Districts.  The proposed construction is located solely in the R-1 Zoning District. Section 220-4 defines a lot, in part, “as a unit devoted to a certain use.  ...Only one (1) principal use and one (1) principal building are permitted on any ‘lot’.”  As proposed, the mausoleum will be the fourth principal building on the cemetery lot.  Therefore a variance for more than one principal building is required.  In February 1998 the Zoning Board of Appeals granted a variance for a third principal building on the cemetery lot.