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Zoning Board
Wednesday, September 18, 2013 at 7:00 PM
Town Board Room
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, September 18, 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 Stacey Richards, Saxton Sign Corp., 1320 Rt. 9, Castleton, New York, for  variances from Section 220-13, Schedule I-E of the Zoning Ordinance of the Town of Niskayuna for the installation of signs at the proposed new Walmart Neighborhood Market, located at Mansion Square, 3429 State Street. The property is located in the C-H: Highway Commercial Zoning District. Section 220-13, Schedule I-E, Column 7 refers you to the C-N: Neighborhood Commercial Zoning District for permitted signs for all uses in the C-H: Highway Commercial Zoning District.  This section allows that “[f]or 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 shall be a single faced 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, Walmart Neighborhood Market requests a total of eight façade signs.  The front elevation has one sign at 189 sq.ft. and one Pharmacy sign at 33 sq. ft. for a total of 222 sq. ft.  The right, left & rear elevations each has a 97 sq. ft. sign plus a 33 sq. ft. Pharmacy sign for a total of 130 sq. ft.  Therefore, the front elevation requires a variance of 172 square feet and the right, left and rear elevations require a variance of 80 square feet each. Based on the location of the Walmart Neighborhood Market, they would be allowed 4 façade signs.  Therefore, a variance is required for the number of façade signs.

2.  The appeal of Dominick Arico, (agent) of Boswell Engineering, 799 Madison Avenue, Albany, New York, for a variance from Section 220-13, Schedule I-E Column 8 of the Zoning Ordinance of the Town of Niskayuna for the application for a special use permit and site plan review for the property located at 3601 State Street. The property is located in the C-H: Highway Commercial Zoning District. Section 220-13, Schedule I-E Column 8 states “For all uses: 8. For all nonresidential uses: There shall be a minimum 25% of the total land area of the site reserved as landscaped open space.  At the discretion of the Planning Board, a portion of this open space shall be used to provide landscaping internal to required off-street parking areas.”  As shown on the site plan there is only 9.3% green space.  Therefore a variance of 15.7% is required.

3. The appeal of Dominick Arico, (agent) of Boswell Engineering, 799 Madison Avenue, Albany, New York, for variances from Section 220-13, Schedule I-E Column 4 and Section 220-13, Schedule I-E Column 8 of the Zoning Ordinance of the Town of Niskayuna for the application for a special use permit and site plan review for the property located at 3631 State Street.  The property is located in the C-H: Highway Commercial Zoning District. 1.  Section 220-13, Schedule I-E Column 4 states “Maximum percentage of coverage by buildings and structures for retail and service stores is 30%”.  As shown on the site plan buildings and structures cover 47.9%.  Therefore a variance of 17.9% is required. 2.  Section 220-13, Schedule I-E Column 8 states “For all uses: 8. For all nonresidential uses: there shall be a minimum 25% of the total land area of the site reserved as landscaped open space.  At the discretion of the Planning Board, a portion of this open space shall be used to provide landscaping internal to required off-street parking areas.”  As shown on the site plan there is only 17.8% green space.  Therefore a variance of 7.2% is required.

4.  The appeal of Satnarine Premnauth and Devika Yousuf, 2138 Lynnwood Drive, Niskayuna, New York, for a variance from Section 220-19 H (2) of the Zoning Ordinance of the Town of Niskayuna for the construction of a 50’ wide driveway in the front yard of the property noted above.  The property is located in the R-1: Low Density Residential Zoning District. Section 220-19 H (2) states “ A single driveway width between the building line and the street line of residential lots shall not exceed 33 feet wide or 33% of the actual front yard width as measured at the building setback line, whichever is less”.  As proposed your driveway width is 50 feet wide; therefore; a seventeen foot (17’) driveway width variance is required.

5. The appeal of Gregg Biche (agent), Quality PM Inc., 106 Delaware Avenue, Albany, New York, 12054, for variances from Section 220-18A (3) and Section 220-13 Schedule I-B of the Zoning Ordinance of the Town of Niskayuna for the placement of a 22’X 28’ garage on the property located at 4053 Windsor Drive, Niskayuna, New York. The property is located in the R-1: Low Density Residential Zoning District. 1. Section 220-18A (3) states: “Unless otherwise specified, accessory structures shall not exceed 15’ in height.”  As currently proposed, the garage height is 22’.  Therefore, a 7’ height variance is required. 2.  Section 220-18 B (3)(b) states: “The required side and rear yard dimensions for major accessory structures shall be the same as applies to the principal building.  A major accessory structure is defined as “detached accessory structures or other structures in excess of 120 square feet.”   The proposed garage is 616 square feet and considered a major accessory structure. Section 220-13 Schedule I-B establishes the side yard setback requirement as 20’.   As proposed the garage is 3’ from the side yard property line.  Therefore a 17’ side yard variance is required.

6. The appeal of Daniel Sheehan, 1100 Rosehill Boulevard, Niskayuna, New York, for a variance from Section 220-18 B (2) of the Zoning Ordinance of the Town of Niskayuna to maintain a 6’X 6’ hot tub on the property noted above.  The property is located in the R-1: Low Density Residential Zoning District. Accessory Structures: Section 220-18 B (2) states that “there shall not be more than three accessory structures on a lot if one of the accessory structures is a fence; otherwise, there shall not be more than two accessory structures on a lot”. As proposed, a pool and a shed already exist on your property.  The hot tub counts as a third accessory structure; therefore, a variance from this section is required.


 
One Niskayuna Circle, Niskayuna, NY 12309
Phone: (518) 386-4500 Fax: (518) 386-4592 | Hours: M-F 9 a.m. to 5 p.m.