Building Owner: Sues Town, Claims Officials Blocked Solar Energy Plans

With his plans for a solar carport already eclipsed by the town, a Smithtown commercial building owner has filed a lawsuit against the Town of Smithtown to build the solar energy project that he believes should be embraced, and not shunned, by town officials.

Itai Vishnia, building owner of Solutions Professionals at 88 Terry Road, said he has filed an Article 78 lawsuit against the Town of Smithtown for the rights to build a five-vehicle solar carport over a portion of his parking lot. Despite the potential benefits of alternative energy, Smithtown Board of Zoning Appeals denied the project on Jan. 22.

“The economy is very sluggish right now. When you have a guy like me willing to invest in the town, they should embrace it. You should say ‘yes’ and even say , ‘How can we help you?,’” Vishnia said.

His proposed plans call for an open frame solar carport covering five parking spots in the parking lot behind Solutions Profession, capable of producing up to 12,500 kilowatt per hour. Its height would measure approximately 18-feet. Vishnia said the solar panels output would be enough to provide all the power needs of the office building.

While the proposed structure falls within town code regarding setbacks from the roadway and other buildings, Vishnia filed for an exemption with Smithtown Board of Zoning Appeals on Dec. 5, 2012 to build the solar carport due to variances granted for the building’s remodeling.

Built in the 1950s, the Solutions Professional building is closer to the street than modern building code permits. Due to the variances granted, Smithtown town code requires any future changes or construction on the property - like a solar carport - be approved.

Smithtown BZA reviewed the plans for a solar carport on Jan. 22, 2013 during a public hearing.

“The board members asked all of these question and from the minutes of the meeting, you see they are quite puzzled by this whole thing,” Vishnia said.

BZA voted 5-0 to deny the application saying a solar carport “doesn’t fit within the character of the neighborhood.” BZA members also accused Vishnia of illegally cutting down several trees without a town permit, for which he was later received a summons. Vishnia said the trees were toppled or damaged by Superstorm Sandy in October 2012, and those still standing removed at the recommendation of a trained arborist.

“He does have some feasible alternatives,” said BZA Chairwoman Adrienne Giannadeo at the Jan. 22 hearing. “He can put solar panels right on the building, and that would serve the purpose.”

Vishnia said he paid $50 to appeal the BZA’s decision. His solar installer Baja Structures said roof-mounted solar panels would only be able to provide one-third the energy of the proposed solar carport, according to Vishnia, who he considers experts compared to the BZA members.

But the BZA denied his application again, denying Vishnia’s requests to meet with him or his solar panel contractor. He feels there was no other option than to sue the town.

“The frustrating thing is I don’t like lawsuits, it’s a last resort,” Vishnia said.

David Flynn, Smithtown’s assistant planning director, said he could not comment on the BZA’s denial. Flynn said the town has not approved any solar carports for smaller commercial businesses and he hasn’t seen any built illegally.

Suffolk County’s H. Lee Dennison Building off Route 347 in Hauppauge has had large solar carport arrays installed in recent years, but it falls in the Town of Islip. A smaller carport is also installed at the North County Complex off Route 347 in the Town of Smithtown.

Ed Stein, Northeast regional vice president for SolarCity, a solar installer with offices in Hauppauge, said his companies gets many requests from small business owners looking to invest in alternative energy.

“Even a small business owner might have a big property, a large roof or a lot of electrical usage so solar power can make a lot of sense for them,” Stein said.

His company recently installed solar carports at the offices a surgical equipment manufacturer on Long Island, along with solar panels on ground mounts. When deciding what type of solar array is appropriate for a business, Stein said the installer must consider the structure of the building, if it can support the added weight, space available and other factors.

“The problem with a roof is that there’s a bunch of stuff up there like HVAC air conditioning units, smoke stacks, vents and other things that,” Stein said. “Those types of things often lead to carports.”

Vishnia said he has spent more than $1,600 so far in legal fees fighting the town for right to build a solar carport, and will continue to push for alternative energy. He has successfully installed solar panels at his Deer Park building.
 
“I know there are not too many businesses who have done something like this, I would be one of the first ones,” Vishnia said. “That’s probably one of the reasons the board shied away from it.”