Neighbors oppose subdivision at 46 Shepherd Avenue; hearing adjourned

The Colonie Zoning Board of Appeals on June 17 took public comment and heard additional materials on a proposed subdivision of 46 Shepherd Avenue that would split the lot to create two single‑family building lots.

Don Cropsey, the applicant’s representative, said owner Sheer Ahmad intends to build a new house on the west lot, move into it and then demolish the existing dwelling. Cropsey said he provided the building department with a construction timeline that shows a 10‑month build and a demolition timeline he estimates at about three months. "It's a 10 month build," Cropsey said, describing the phases and permitting steps he submitted to the board.

Neighbors who live adjacent to the property urged the board to deny the request. Holly Feigenbaum, attorney for Wendy and Richard Nasky of 48 Shepherd Avenue, called the application a "self‑created hardship," saying the owner purchased the property knowing existing zoning and should not be allowed to change the neighborhood's density to suit personal needs. "To split a substandard lot into two lots and to put two houses with obviously larger families ... erodes their peaceful enjoyment of their home," Feigenbaum said.

Alysa Stringer (50 Shepherd Ave) told the board she feared increased density would harm safety and property values and said multiple variances requested on the application were excessive. Richard Nasky recounted repeated complaints to police and the building department about past use of the property and nuisance concerns.

Town counsel, identified in the record as Paulson, cautioned the board that a condition requiring demolition could not necessarily be made legally binding or easily enforced by the town. "It could be listed as a condition, but it is certainly not something that would be enforceable ... to compel the property owner to demolish that home," Paulson said, noting the limits of the town's enforcement options.

Cropsey said the owner lives in the existing dwelling with his family and gardens and is reluctant to demolish it without assurance of being able to complete a replacement house. He asked the board to consider either an adjournment to allow him to consult with his client and the building department or an approval conditioned so that the existing house must be demolished before a building permit for a new house on either lot is issued.

The board declined to approve the application that night and agreed with counsel that the applicant should consult the building department and allow neighbors an opportunity to review any changed proposal. Chair moved to adjourn the hearing to an undetermined date; the board voted to adjourn and left the record open for further comment. The chair said notices will appear in the Colonie Spotlight and on the town website at least two weeks before any future hearing, and counsel offered to collect email addresses to notify interested parties directly.

Next steps: the applicant is to consult the building department and return with revisions or additional documentation; the hearing remains open and no decision was made at the June 17 meeting.