Thursday, February 20, 2014

A Quick Review So We Know What We Are Dealing With

Concerning the Hirschey solar zoning issue let's review by taking a look at the table in our zoning law that has created the problem. 

On page 12 there is a simple to read table you can see below, and see why this table makes the Hirschey and Alexander solar projects prohibited.  The so called flaw is that some claim this does not match with another page in the zoning.  Of course the CV zoning Board of Appeals just decided to negate this page and approve Hirschey's project anyhow.  Both Alexander's and Hirschey's solar projects are well over 100 sq. ft. So how do they justify that action?



Now you might think somewhere along the way at least one  CV zoning official,officer or a town lawyer, or the zoning enforcement officer, especially among  the ones who actually wrote this law would have somewhere in the process of two solar projects seen this table and the problem. 

You would think that Hirschey would have seen it before he put up his project.  You would have thought his contractor would have seen it.

So to me the question remains...with this table still in our law until they change it, how the hell did the ZBA justify approving Hirschey's solar project?

Here we have a law passed by the CV town board and legally registered with the NY Dept. of State, and the ZBA apparently just decides to ignore one page of it?

What they have done in this case and with the entire solar fiasco is made our zoning law and the CV zoning process a complete sham.

Now some will say there is a conflict between this page and another page in the law about solar.

OK if we go with that argument...why ignore this particular page over the other page????  Seems you could pick either page to ignore, if that is the bogus path you chose, and then the law would be consistent.  So why this page.  I think the answer is obvious.

At a minimum you would think that some zoning official on this issue would have at some point or somewhere seen this simple to read table THAT THEY CREATED and said ..."Hey boys I think there is a problem in our law and we better slow down and correct it".

This table is near the beginning of our zoning law.  It isn't rocket science.  You would think that when a solar project came before the zoning officer, or the planning board, or the zoning board of appeals would go to this table as the 1st action just to get a quick idea of whether the project was even allowed or not.

So what the hell happened here with our zoning geniuses????


6 comments:

  1. Mr. Pundt, as a former whistle blower,I can advise you that this form of character attack is very common. You have obviously taken on the task of exposing any and all of your local government's actions that you mistrust, or disagree with. You must realize some blowback is inevitable, as you are viewed as a threat, evidenced by the voracity with which your recent protractor pounced on your simple blogging miscue.

    Some advice-you apparently have a following, don't abuse it by climbing on a soapbox every time you speak. Being succinct is a valuable tool.

    ReplyDelete
  2. Thanks for the advice. Although I really don't see myself as a whistle blower in that sense. I am simply a seasonal citizen of CV and as such have concerns about what my govt is doing and how they are doing it like any citizen might be concerned and comment on it or exposing it. I did have a relationship left over from the early days of the wind fight in CV with many of these people.

    I think you are on the money about how and why the attacks are coming at me.

    As far as the blow back, I do realize that is part of the issue and in fact I can gage the impact I am having and how close to the truth I am hitting by the level of blow back. It is usually a very consistent indicator.

    ReplyDelete
  3. Sir ,or Ma'am, you give yourself away with your repeated assault on Mr. Pundt's character. I have followed this blog, and the two other anti-wind blogs in Cape Vincent for some time now, since I have an interest in wind development. Aside from his acerbic tongue, and tendency to ramble at length, Mr. Pundt does raise valid issues, which should concern your community. It is of peculiar interest that you seem driven to silence his message. One can only guess there is some personal ,or political dynamics at play, that remain below the visible surface of your own rather curious ramblings. It is evident that there is,justifiably, considerable angst among many members of the community. Wind development has had that effect around the globe.

    I would recommend seeking some common ground, and actually listening to each other, rather than floundering along in the contentious manner you have chosen.

    ReplyDelete
  4. 12:43

    You are probably going to be astounded that I agree with some parts of your comment. Particularly this comment. " All proceedings were up front and public."
    My comment is lengthy but it has to be to understand the issue you have raised, so I will put in two comments back to back.
    Much of the proceedings on the solar fiasco were in public view. I agree. However that is the real problem for Hirschey and his govt...and particularly for you as a rabid supporter.
    Much of what happened in this solar zoning screw up is actually well documented in records, videos, comments, and in the media. Much of that I posted on my blog last summer and fall. What that means unfortunately for you and the Hirschey crew is the whole planet has been able to see in vivid detail how badly these people screwed up using the very law they wrote, yet somehow could not comprehend then scrambled to legitimize it somehow.
    This isn't about Pundt being ignored or marginalized or having a bruised ego or some claim I am a radical nut case off on some wild political revenge agenda.
    Most of this as you pointed out IS on the record for the whole planet to see what a fiasco it was and how the town supervisor himself got dragged into the mess by his zoning "experts" nor could he comprehend the law himself.
    You can fruitlessly personally attack me all you want to distort and divert the issue in desperate hope the public will focus on your ridiculous attacks and will look away from the record. Too bad for you the WDT chose to stick to the record as have others.
    Your favorite supervisor knows this quite well about the record. That is why he chose to make a very rare persona visit to my CV cottage last fall to admit to me personally he had a solar project up and took it down...and on that point I gave him credit. He also met me at the door as I left town offices and asked what I intended to do with the official town records about his project.
    So when you say I being ignored...seems your supervisor has a different idea about that!!! Not to mention the solid information I have that the Hirschey zoning establish is livid about what I have uncovered. Oh yes, and not to mention that according to my blog tracker a number of NYS govt agencies have visited my blog, including a server from the NYS Assembly. That would include readers from the NYPSC occasionally.
    So much for your comments about being ignored. Your facts don’t add up support your pathetic attempts to divert the issue.
    But as to the comment about everything being upfront and public???? Well not exactly. Go to the Steve Weed video site and watch the 8/14/13 planning board meeting. If you stick with it long enough you will see both Mr. Brown and Mr. Macssherry admit that this solar zoning fiasco included a lot of consultations among the town boards or members there of, and meetings with the town attorney. That would include the CV ZBA where as a quasi - judicial body it would be extremely inappropriate to be in these cozy get togethers rendering opinions how to sanitize the mess since they knew there was an appeal pending on the matter. They should have been impartial, and they were not. And who knows how many private emails and phones calls and discussions were exchanged. I know for fact of at least one that won’t show up on any record.

    ReplyDelete
  5. comment continued

    So where are all the “up front and public records” of all these little side shows???? There aren’t any. And there was at least one town board special meeting with an executive session on this matter to try to clean up and sanitize the mess as legitimate with a lot of members of town board, at least one PB member, Dick Macsherry, and ZBA members. They even attempted to exclude one ZBA official they thought might not be in line with the agenda. The ZBA should not have been in attendance AT ALL. That would be just like a judge deciding to sit in on one side of a case and even give advice how to win it!!! That is how far off the rails these people let the situation get. And from what we know now in my opinion comes off like an attempt to help the supervisor and his solar investment.
    Here are the minutes of this meeting BEFORE it went to executive session where there are NO records of what was discussed in executive session. Hirschey’s “personal matter” was very likely his own solar mess. And since when does the supervisor get to use the town attorney on the tax payer’s dime for his personal matters?????

    Special Town Board Meeting Sept. 3, 2013
    Present: Supervisor Urban Hirschey, Councilman Brooks Bragdon, Councilman Clif Schneider, Councilman John Byrne, Councilwoman Michelle Oswald, Attorney Mark Gebo.
    Supervisor Hirschey opened the meeting at 5:00pm.
    Supervisor Hirschey called for a motion to adjourn to Executive Session. He explained that the purpose of the Executive Session is for two matters, one being a personnel issue, and the other, litigation. He also stated that members of the Zoning Board of Appeals, Attorney Mark Gebo and Richard Macsherry would be in session with the Town Board.
    Councilman Byrne made the motion to go into Executive Session at 5:03pm, seconded by Councilman Schneider.
    A motion was made by Supervisor Hirschey to adjourn from Executive Session and reopen the Special Meeting, seconded by Councilman Schneider, at 6:05pm.
    Councilman Byrne made a motion to adjourn the Special Meeting at 6:06pm, seconded by Councilwoman Oswald.
    ____________________________
    Michelle Bouchard, Town Clerk


    Knowing now that Hirschey was up to his eyeballs in this with his own financial investment in his solar project he probably should not have been there either. What was it they didn’t want the public to see????
    Then as a result of this mess certain PB and ZBA member and leaders even began to put a strict hold on ZBA and PB records and even for town officials who wanted to see them, to which ZBA member Hester Chase to her credit took significant issue with. You can see this heated discussion on a ZBA meeting video last Nov 2013. A video I helped pay for so there was a definitive who said what record.
    So much for “up front and public”.
    So you see my friend your real problem is exactly as you pointed out. There is enough of this fiasco on the public record to see just what a fiasco it really is and expose the true colors of this govt when they had to handle a crisis. And they didn’t do well at all. Your not battling me or my ego etc. You are battling against the public record as to what your govt did to create this fiasco then make absurd attempts to legitimize it. But I think you know that and that is the purpose of your personal attacks. And as to being ignored…well it appears a lot of town officials started scrambling around in desperation to sanitize what I was reporting on my blog.
    So all you have left is to desperately attack my message. Good luck with that!!! Because even in your little pale attempt to address the issue...your facts don’t even support your case. Nice try!

    ReplyDelete