Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA Monday, April 5, 2021 7:30 P.M. Join Zoom Meeting https://us02web.zoom.us/j/85175521705?pwd=SnArQ215SVpOdXR3dEdVQkxPanFJdz09 Meeting ID: 851 7552 1705 Passcode: 998261 Dial by your location +1 929 205 6099 US (New York) 1. V-2-2021 - Lenihan 45 Ridgecrest Road An application to construct a new accessory dwelling structure at an existing single family dwelling was denied due to nonconformity with Section 220.9.2, Regulation of Residential Use of Dwelling Units in Accessory Buildings; paragraph B. (2). Note that an existing, conforming, accessory building with a dwelling unit exists on another location on the property that is proposed to be removed and replaced by the new structure. 2. V-3-2021 - St. Theresa’s Church/School 300 Dalmeny Road An application to install a roof mounted solar array system at an existing commercial building was denied due to nonconformity with Section 220.9.1, Regulations of Solar Energy Collectors; paragraph B (1) where Solar Energy Collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a "net billing" or similar program in accordance with New York Public Service Law § 66-j or similar state or federal statute. No solar collector shall be installed for a commercial use whereby the owner of such collector or underlying property derives revenue from a third party not currently owning, leasing, or otherwise occupying the property”. The applicant has stated that approximately 28.99% of the electricity generated will be used and the remaining will be sent back to the power grid and used as credits by other properties owned by the Archdiocese of New York. The Building Department finds that an interpretation of the above Section of the Code is required, namely if this application is considered “commercial”. The applicant believes that this is a “community” project rather than a “commercial” project. 3. V-4-2021 - Berisha 40 Admiral Wordens Lane  An application to install a new in-ground swimming pool at an existing single family dwelling is denied due to nonconformity with Section 220.9, Regulations of Swimming Pools; paragraph B. (3) where 100 feet is required from the street line and 60 feet is proposed and Section 220.9, Regulations of Swimming Pools; paragraph B. (3) requiring that no pool is permitted in a front yard. The parcel has dual frontage on Admiral Wordens Lane and Albany Post Road. Next Meeting: The next Zoning Board of Appeals meeting is scheduled for June 7, 2021 with a submission date of April 23, 2021. Due to COVID-19 concerns the meeting will be held via Zoom. Please feel free to view or call in to the meeting and email any comments you have prior to the meeting to cdennett@briarcliffmanor.org.