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Board approves reduced side-yard variance to add home-care unit for child with special needs
Summary
The Niskayuna Zoning Board of Appeals approved a variance allowing Shelley and Mark Alconay to attach a roughly 500-square-foot accessory home-care unit to their house at 1069 WTRY Road, amending the request to a 9-foot side-yard setback to accommodate staff space for their child with special needs.
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Shelley Alconay, the applicant, told the Zoning Board of Appeals she and her husband are preparing their home at 1069 WTRY Road to accommodate a child whose care needs have grown, and that the family wants a 20-by-25-foot accessory home‑care unit with a bedroom, kitchenette, bathroom and space for an on‑site staff person.
"We have a child with special needs ... we are preparing long term," Shelly said, explaining the unit would allow staff to work in the home and avoid placing new burdens on neighbors. Board members and staff reviewed site plans and the town setback rules: Schedule 2‑20‑13 requires a 20‑foot side yard and 25‑foot rear yard; the proposed attached addition would sit closer to the side property line and therefore required relief.
Applicant Shelly agreed during the hearing to modify the proposal so the new structure would result in a 9‑foot side‑yard setback, and planning staff confirmed the amended dimension before the board voted. Members asked about parking, septic location and drainage; Shelly said the driveway is wide and the addition will tie into existing roof drainage and be attached to the house.
Acting Chair Latif moved that the board approve the amended application, saying the benefit (on‑site care for the family) could not be achieved by other feasible means and that the project would not create an undesirable change in the neighborhood. The motion was seconded and the board voted to grant the variance. The board and staff noted the situation is largely self‑created but found the public‑safety and caregiving considerations weighed in favor of relief.
The board approved the amendment to permit the accessory home‑care unit with a 9‑foot side‑yard setback; the applicant was thanked for returning to the board and instructed to coordinate final permit steps with town staff.

