Friday, August 23, 2013

"Irregular" Date On Zoning Permit - 2+2 Keeps Adding Up To 5 Not 4!


Something doesn't add up in the town's story about how the permits discussed in the previous posts below about a large solar array came about.

Note here the date 7/18/13 of the permit extension  under the OLD law.  The permit was renewed 7/18/13 and they granted it because they said the solar project still applied under the old law and was grandfathered.  At least that is the "rational"!




And I have in my procession a letter from Mr. Macsherry  the Cape Vincent Planning Board Chairman to Mrs. Grogan a neighbor who has complained about the solar project that explains it this way...

"As I believe you are aware, Mr. Alexander came before the Planning Board at our regularly scheduled meeting on July 10,2013...."

 "As a matter of normal review I subsequently interviewed both Mr. Alexander and the Town's Zoning Enforcement Officer Mr.  Jim Millington to gain more information. It became readily apparent that it was not necessary for Mr. Alexander to approach the planning board for a site plan review as he had obtained a zoning permit for the project on July 18. 2012 and that Mr. Millington had extended such permit on July 18, 2013."

As the present zoning law took effect in August, 2012, Mr. Alexander's project falls under the prior zoning law.

Keep in mind that underlined part as you look at the document below.




Note the mailing date of 7/23/13.  This is a letter  mailed by Alexander on July 23, 2013 from Clayton  notifying his neighbors, like Mrs. Grogan, that there was going to be a planning board site plan review of his solar project and notification of a public hearing on this project under the NEW zoning law on Aug. 14, 2013 where people could ask questions or object. Mrs. Grogan received the letter 7/24/13.

So here is something real odd in my opinion!
 
Why does a man who has a permit extension in hand grandfathered under the old permit and old zoning law granted on 7/18 as Macsherry claims, a man who could start his project on that very day on the 7/18...why does he mail out notices of a public hearing under site plan review that would be required to get a NEW permit under the NEW zoning law? And mail them out 5 days later on 7/23 when he already has a valid permit extension in hand and needs NO such review or hearing???
 
If you like puzzles, see if you can figure that one out????  2+2 definitely does NOT add up to 4!!!  And there is nothing normal about this review as Macsherry claims.
 

3 comments:

  1. Once again Mary Groghan is the target of apparently at best sloppy or illegal zoning processes by the town. As the only person who has actually suffered total destruction of her property value due to a turbine placement (why is it still standing?) many of us are really pissed at this latest foisting off on her of a permit to install solar next to her property.

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  2. Ok Punt stop trying to be cute with your puzzle. Are you suggesting the permit was back dated?

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  3. 12:21

    You said it, I didn't

    But doesn't it strike you real odd that a person who has a permit in hand as Macsherry claims which gives him the go ahead to build his project right that day, with no more requirements or zoning hoops to jump through, yet 5 days later he is still sending out notices of a public hearing on his project? If you are home free in zoning process why would on do that? In fact if he goes through the site plan review and public hearing which wasn't till 8/14 his project could possibly be denied.

    So why if you have valid permit and are home free on the 18th would you still be proceeding like you are under the NEW law with more zoning hoops to jump through that might actually delay or jeopardize your project.

    What Macsherry is claiming in his letter that he found out Alexander got his permit renewed on the 18th does NOT make sense as per the evidence of the mailing receipt.

    For me at a minimum why doesn't one CV zoning hand know what the hell the other is doing?

    In my opinion I also think it is real doubtful Alexander actually had his permit renewed on 7/18/13. Not if he is very illogically still sending out notices of a public hearing on 7/23 like he is still in the zoning process and has NOT been granted a permit yet!

    Think about it and do the math 2+2=5!

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