While I do not normally provide summaries of Zoning Board meetings, there were two hearings of townwide interest on this month’s agenda I thought you’d be interested in:
A variance request to allow a battery storage facility on Old Yorktown Road at Barger Street and a long simmering code enforcement issue.
Battery Storage (BESS)
After the Town Board’s vote in May to prohibit Tier 2 BESS system, the Building Department denied the RIC/Pervizi application. Then, in response to the denial, RIC applied to the ZBA for a use variance.
NYS Town Law allows the ZBA to grant variances from the town’s current law when an applicant shows a “hardship.” And, because the applicant is claiming to be a “public utility,” the threshold for proving hardship is much lower.
At the hearing, ZBA chairman Meisterich explained that the Board’s task was only to decide two legal issues: Is RIC a public utility, and if so, is there a compelling reason or need for a BESS that overrides local concerns. He explained that specific site plan issues would be addressed at the Planning Board in the event the ZBA granted the variance.
During the hearing, and in a voluminous submission, RIC documented why and how it was a public utility and why and how there was a compelling need for battery storage facilities in New York. Its submission also cited court cases that supported its position.
The chairman read out memos from the Planning Board and Town Board opposing the variance. The Planning Board memo noted that while the Board in general supported BESS and had earlier opposed to the town law that prohibited them, the members felt that the RIC location was not appropriate, primarily because in the event of a fire, smoke from the site would negatively impact drivers on Taconic Parkway and Routes 6 and 132.
The one resident who spoke at the hearing in opposition to the variance, urged the Board to get an independent assessment of the safety issue.
The hearing was adjourned until October 23 when RIC is expected to have its safety expert address the Board.
Code enforcement issue on Hunterbrook Road
Despite a stop work order and numerous Notice of Violations, the property owner has continued, for many months, to operate a tree nursey on his property which is zoned for single family use. The Zoning Code allows tree nurseries and farms in residential zones with a special permit issued by the Zoning Board.
The property owner’s position has been that he does not need a special permit.
In June, a Supreme Court judge rejected the town’s request for a temporary injunction and instead directed the property owner to apply to the ZBA for the special permit. But instead of applying for the permit, the owner filed an appeal of the stop work order with the Zoning Board and asked the Board for an interpretation of whether a special permit was needed for a tree nursery.
At its July meeting, the ZBA scheduled the September hearing. However, the Board could not open the hearing because the owner did not send out the required notification letters to abutting property owners or post the required sign on his property. Nor did he appear at the meeting.
As a result, the Board directed town staff to send a certified letter to the owner outlining what he had to do prior to an October hearing date and also to provide written authorization to allow ZBA members to enter the property in order to make a site visit on October 18.
The Board made it clear that if the property owner fails to comply with the requirements needed to open the October hearing, it would deem the application withdrawn.
(Note: The code violations have also been before the Town Court since May but the town justice has repeatedly adjourned the case, most recently due to the pending ZBA appeal.)
A video of the meeting is available at yorktownny.granicus.com/MediaPlayer.php?view_id=3&clip_id=1999