Tuesday, February 4, 2014

Town Supervisor Hirschey's Solar Project Approved By Cape Vincent ZBA

Well of course it was approved...what else would you expect!!!  See the article in the WDT at the link below.

http://www.watertowndailytimes.com/article/20140204/NEWS03/702049855


Want to see some interesting facts. Hey...these are just the facts that anyone can see on video or in town records or in the media. 

Key players involved in creating  the Alexander/ Hirschey/ Mary Grogan solar zoning fiasco that made a laughing stock out of our new town zoning and has now been in the WDT several times.  This is the same zoning mess that swept up CV Town Supervisor Urban Hirschey and his solar project.

Then and now! 

Dick Macsherry - former planning board chairman who approves the go ahead for a public hearing on another solar project even though it is illegal in our new zoning law in the river dist. and after questioning Alexander in detail on his project ON VIDEO he still doesn't get it that the project is illegal in the law Macsherry actually helped to write.   

The project is now larger than the original permit allows and has moved from its original location.  The original permit is illegal since it never had a site plan review.  In addition Macsherry and others on the PB are setting in motion the process to approve a special use permit for Alexander's project, (on video) which isn't even in their authority for final approval.  That authority in the new law is with the zoning board of appeals which has not even been in the loop on this project at all.  In my opinion at this point Macsherry probably knew Hirschey's illegal solar project was already approved and up and operating.  And why does he think HE and the PB are the ones to approve this special use permit, since the ZBA should be the lead and gives the final permit…all as spelled out in the new CV zoning he helped write???!!!! Look it u yourself.  Of course unless the new zoning review committee changes all that!!!

Later in a scramble to make this zoning fiasco look legitimate and rational Macsherry actually implies we should not take our zoning so literally!!!!     Yup…I’ll bet that made Hirschey happy when he put up his solar project which was illegal under the new zoning and he actually took down on his own (to his credit) after figuring it out after I started to raising real uncomfortable questions for Macsherry and the PB. 

Bob Brown - Planning board member at this time, who does essentially as Macsherry does above.  In addition Brown gives Alexander, the permit applicant, a long winded explanation of the solar zoning and as he does he is (on video) flipping through the old zoning law right in front of him, and through the new zoning law of which he was the chairman of the new zoning committee.  Apparently he didn’t catch in the law he wrote that Alexander’s project was illegal.  In my opinion, he too must have  known at this point that Hirschey’s solar project was approved, and up and running.

 

Dennis Faulkinham – Chairman of the Zoning Board of Appeals. Faulkinham probably knows of Hirschey’s solar project at this point in summer fall of 2013.  He becomes aware in about July that Mrs. Mary Grogan is upset by what appears to be an illegal solar project proposed next to her property. She wants to appeal the permits and contacts Faulkinham.  His comment to Mrs. Grogan is that the permit has been approved and legal and he doesn’t think she could wind anyhow.

Geeee…is there something that Faulknham doesn’t understand about how an appeal and public hearing  is supposed to work, and he should not be spouting off  inappropriate opinions making up his mind already until he hears Mrs. Grogan’s appeal before his board!!!  Talk about a screwed up process.  Suppose you took an appeal before a judge and he told you don’t bother, I don’t think you can win it!!!!

Of course in my opinion, when you understand a couple things it makes more sense why Faulkinham takes a more defensive tactic.

 First by this time he has had meetings (probably inappropriately)  behind the scenes with the other players like the planning board and the town board evenone in executive session on this zoning fiasco, some of which apparently included the town attorney.  So did Mr. Hirschey who also had a solar project up which will obviously be impacted attend any of these meetings, and if so was that appropriate, when the town board was included?

Secondly I would find it hard to believe in my opinion at this point Faulknham the chair of the ZBA who would hear Mrs. Grogan’s appeal on another solar project didn’t know about Hirschey’s solar project and the implications for Hirschey if he and his ZBA board ruled in favor of Mrs. Grogan. Faulkinham even admitted  (on video) that the original solar permits for the Alexander project were… shall we say… “questionable” and it was not how he would have done it, even implying it would probably not hold up legally…then votes to approve the permit anyhow.

And I have only touched on a few high points of this solar zoning fiasco!!!

So where are these people today?

Well let’s see…

Dick Macsherry was single handedly selected by Mr. Hirschey as the new Deputy Town Supervisor, turning aside Brooks Bragdon who had been Dep. Super. and has been very faithful to Hirschey. That stinks!!!  Mr. Macsherry has also retained a seat on the planning board although is no longer chairman.  But don’t kid yourself that that makes any difference since he has considerable power even as just a member.  Macsherry also sits on the Art. 10 advisory committee.

Bob Brown has been moved up by Hirschey and company to the chairmanship of the planning board.  He has also been appointed by Hirschey to head up the current zoning review committee, even though he was instrumental in creating the zoning fiasco with the very same new law that ultimately impacted Hirschey’s solar project. Hope he can read the law better this time around…God help us! Brown also sits on the Art 10 advisory committee.

Dennis Faulknham remains as the head of the zoning board of appeals.  He also sits on both the current Hirschey appointed zoning review committee and the Art. 10 advisory committee. He as chairman of the ZBA which heard Hirschey’s recent solar zoning and appeal also voted to approve Hirschey’s solar project which in my opinion is a bad distortion of the zoning codes.  I’m guessing he will also go along with any zoning changes by the zoning review committee that he sits on that will make Hirschey’s project perfectly legal…you just watch!  Of course if you are going to change the solar zoning codes in the law which Hirschey will probably vote on, on the town board, then why didn’t  Hirschey using better judgment just drop his appeal before the ZBA and wait till the law is changed, then put up his project.  What is the big deal about forcing the issue now and creating such a controversial issue over his project, and the way the whole thing smells? 

And to boot the new zoning committee was formed in large part because of this solar zoning mess into which Hirschey became involved.  Of course it isn’t going to smell much better when it will appear to many that they changed the whole damn law to make his project legal…YIKES!!!

So let me see if I get this straight…we distort the law in a controversial ZBA ruling first on Hirschey’s project …THEN we also change the law altogether so Hirschey’s project is legal. 

Does Hirschey have any concept of the saying that politics is PERCEPTION!!!!!

Of course in my opinion, if you know the players, I think much of this is taking place just to prove how big some egos are.  By God..no one especially Art Pundt is going to tell us how to run our damn new zoning law..even though we have screwed it up so bad on this issue it brought the town supervisor into the embarrassing fiasco and became WDT news! Front page in one report!

Makes ya wonder doesn’t it?   How is it these people who created such a huge zoning fiasco and embarrassment that seriously violated the rights of one CV citizen, with the very law they wrote, could still sit be sitting in these positions with so much influence.  Two of which have actually been moved UP into more important positions????? 

Makes ya wonder doesn’t it how the rest town board, including John Byrne now running for NY Assembly could just sit there silent and go along and do nothing while this fiasco unfolded right in front of them even in the WDT as the zoning officials ran amok?

And let’s not forget one very important thing that seems to get lost.

  One CV citizen got really hurt with her rights seriously violated by this mess created by these players.  In the end for Hirschey’s and Mr. Alexander’s project to get approved, it essentially meant throwing one innocent CV citizen under the bus. Lota talk about Hirschey and his project…but what about Mary Grogan and her rights and protection of her property, especially when a number of town officials (on video) even admit the zoning permits and process next to her property was done so badly it probably would not be legally defendable!!! Don’t here much about that on the other pro Hrschey blogs! 

Point being…If you are willing to so blatantly throw one CV citizen under the bus using your zoning law and trying to make it look legitimate…then all citizens in CV as well as their property protections got badly screwed!!!!  And believe it or not…I was told while this was all going on Hirschey even had the brass to ask Mary for her vote last fall!

So I hope Mr. Hirschey really enjoys his shiny new NYSERDA subsidy solar project, and I hope he thinks of Mary Grogan every time he watches his electric meter spin backwards and saves a few dollars on his electric bill at the expense of Mary Grogan, the NY tax payer, and CV citizens and property owners!!!

 

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