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 19, 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 Mr. and Mrs. Antoine Reeves, 1034 Palmer Avenue, Niskayuna, New York, for a variance from Section 220-13, Schedule I-C of the Zoning Ordinance of the Town of Niskayuna for the construction of a 14’ X 14’ addition on the property noted above. The property is located in the R-2: Zoning District. Section 220-53 B allows the Building Inspector to issue a building permit for an addition to a nonconforming residential structure which brings the addition into a nonconforming side or rear yard no nearer to a side or rear property line than the existing structure and no nearer than ½ the distance specified in a particular residential zoning district. Section 220-13, Schedule I-C requires a side yard setback of fifteen (15) feet. Since the existing house is only 3’ 5 ½” from the side line, 7’6”
becomes the minimum required side setback. As proposed the addition will be 3’8” from the side line at its closest point; therefore a 3’10” side yard setback is required.
2. The appeal of Michael Mazzanoble, 1030 Mohawk Road, Niskayuna, New York, for a variance from Section 220-16 E (2) of the Zoning Ordinance of the Town of Niskayuna for the construction of an 8’x 28’ porch addition on the property noted above. The property is located in the R-1: Low Density Residential Zoning District. Front Yard Setback: Section 220-16 E.(2) states: “If 70% or more of the lots on the same side of the street within 500 feet of each side of the lot have buildings thereon at the effective date of this chapter, the setback from the street shall be determined by the average setback of the principal building on each lot within 500 feet of each side of the lot. This exception is not applicable to those buildings requiring ramps for accessibility by persons with physical
disabilities.” As applied, the average front yard setback along Mohawk Road is fifty feet (50’). As proposed, the new addition would extend to approximately forty six feet (46’) from the front property line. Therefore a four foot (4’) front yard setback variance is required.
3. The appeal of Mr. & Mrs. Domenic Capoccia, New York, for variances from Section 220-10H and 220-13, Schedule I-F of the Zoning Ordinance of 2820 Balltown Road, Niskayuna 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.