Zoning Board of Appeals
Regular Meeting
February 24, 2014
7:30 p.m.
The Regular Meeting of the Zoning Board of Appeals of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York on the 24th of February 2014 commencing at 7:30 p.m.
Present
Christopher Bogart, Chairman
Michael Gioscia, Member
Nicholas Moraglia, Member
Also Present
David Turiano, Building Inspector
Absent
John O’Leary, Member
V-1-2014 - Sleepy Hollow Country Club 777 Albany Post Road
A variance was requested because an application for a building permit to install Solar Energy Collectors on an existing Club House and repair shop and a proposed maintenance storage building was denied due to nonconformity with Section 220-9.1 Regulation of Solar Energy Collectors of the Code of the Village of Briarcliff Manor.
DISCUSSION:
Chairman Bogart stated that he and Member’s O’Leary and Gioscia were all members of Sleepy Hollow Country Club which would normally result in a recusal but that would leave the Board without a quorum and unable to act on the application. He further stated the Board sought advice of counsel and counsel stated the Members could participate in the application. He stated he was a former client of the Zarin and Steinmetz firm but didn’t have any continued affiliation with the firm.
Ms. Krista Yacavone, Attorney for the Applicant, thanked the Board for rescheduling the meeting and stated the Applicant sought to install solar arrays located on three locations on the property. She stated they appeared before the Planning Board and the Board of Trustees for Site Plan and Special Use Permit approvals and the hearing was adjourned to March 5, 2014. She stated it was a truly green proposal with many benefits and virtually no negative impacts. She stated there were net environmental benefits to the community at large and the project was a furtherance of savings and goals of the New York State Sun Initiative Program. She stated they chose sites where there were existing electrical facilities and were mindful of aesthetic impacts to the neighbors and the Club. She outlined the sites
including the club house, repair shop and a newly proposed maintenance shed. She stated the maintenance equipment was currently stored outside and the club was taking the opportunity to build a shed to house the equipment. She stated they requested a total of 4 variances, the club house total area was 13,989 square feet and the code allowed for 900 square feet, the maintenance shed was 331 square feet and the repair shop was 1,772 square feet. She stated the fourth variance was for the mounting limit that would extend one inch past the roof precipice to allow the rainwater runoff to hit the gutters properly. She stated there were five factors for the Board to consider when hearing an application for a variance and the variances would not result in any detriment to the neighbors and were virtually invisible to anyone off of the property. She stated the variance percentage was large but the benefits were so great with no negative environmental impacts or
disturbances. She stated to the extent that the hardship was self-created it was a specially permitted use in a residential district and the club was not a residential use.
Building Inspector Turiano asked if there were modifications to the panels.
Ms. Yacavone stated the new numbers were submitted.
Chairman Bogart asked what percentage of the roof structure would be paneled.
Building Inspector Turiano stated it was not a substantial deviation to what was submitted.
Chairman Bogart stated even if the club was commercially zoned the zoning challenge was the Village’s statute regarding solar energy collectors. He stated it was a fairly recent amendment to the Village Code and the code made clear the percentage roof to be used.
Ms. Yacavone stated they were trying to maximize the club’s ability to generate their own electricity.
Mr. Conrad Bringsjord of Sleepy Hollow Country Club stated the panels would be on the flat roof portion of the main clubhouse which would not be able to be seen.
Member Moraglia stated there were AC handlers there currently that couldn’t be seen. He asked what the height of the roof was versus the panel height.
Ms. Yacavone stated the panels were 12 inches high and angled at 10 degrees and would be barely an inch above the roof peak and 4 inches from the roof surface.
Member Gioscia asked if the club would sell electricity back to the utility company or just sustain the club’s energy.
Mr. Lee Leitner, representing the Applicant, stated on a day to day basis the utility would receive excess power from the club and the main club house roof coverage was really 40% less than what was indicated but there were spaces in between the panels.
Chairman Bogart stated the Village Code had a square footage limitation and the club sat on a large property and would not be in view of anybody but the issue was based on the fact that the club sought a variance and Briarcliff Manor has not deviated from the solar energy collector limitations and put the Zoning Board of Appeals in a difficult position. He stated the size of the variance was not always the determining factor but was a large part of the decision and the Applicant could have sought a Zoning Text Amendment.
Ms. Yacavone stated the Village’s own solar panels would exceed the code and a text amendment was an arduous process.
PUBLIC COMMENTS:
There were no public comments.
Upon motion by Member Gioscia, seconded by Member Moraglia, the Board voted unanimously to close the public hearing.
DECISION:
Member Moraglia stated even though the variances requested were significant, the placement of the panels did not have a negative impact and there weren’t any comments from neighbors that he would be in favor of approving the application.
Member Gioscia stated the current law had strict limitations and the variance request was substantial but it didn’t really apply to the magnitude of the project and the club should probably be zoned differently in the future. He stated the club did not fit the residential district parameters and should not be considered as such and he didn’t see a substantial impact to the neighborhood and the balancing act was minimal to none.
Chairman Bogart stated he too was in favor under the unique circumstances of the site and the application could not be used as precedent setting for conventional solar installations. He stated there was no adverse impact and a high quality project and he was in favor of granting the variance.
ADJOURNMENT
Upon motion by Member Gioscia, seconded by Member Moraglia the Board voted unanimously to adjourn the meeting at 8:10p.m.
Respectfully submitted by,
Christine Dennett
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