Cape Vincent "Zoning Expert" Qualification Test - Part II

Ok... if you passed the first test in the posts below...congratulations.  Here is another  slightly more detailed challenge.

Let's say you have a ground based solar array (SECS) of 100 sq. ft. and you want to site it in the Cape Vincent River Front Dist. (RF) under our new zoning law regulations.

Look in the Table 8 below and see if you can figure out what type of permit it needs.

 

Hint:  If you cross reference the RF Dist. with the Solar Energy Conversion System (SECS) line you will see the letters SU in the box.

So what type of permit would you need according to the Table 8? (look at the bottom of the table)

NOW the second question. The are 3 official boards in our town govt.  The Town Board, The Planning Board, and the Zoning Board of Appeals,  So  looking at the page below from our new CV  zoning law, which board would you go to, to get that permit and permit approval? 

The answer will be in an upcoming post.

Answer To The Cape Vincent " Zoning Expert" Test

A few posts back I posted a test to see if you could be a CV "zoning expert".  If you didn't see it go back and check it out first. 

The answer to the question about whether a 1440 sq. ft. commercial large solar array is allowed in the River Front Dist. is an obvious NO!!!  It is clearly shown in a very easy to read Table 8 page 12 in our new zoning law that such a large ground mounted solar array is not allowed in the RF Dist.

Now if you got it right, then congratulations!!!

You are now one step ahead of Mr. Macsherry the CV Planning Board Chairman, and  PB Vice Chair Bob Brown and others on that board who already FAILED this test in a real life CV zoning situation a few weeks ago!!!  Yup...it be true!!!  They were well on the way to allowing an illegal use in the RF Dist. 

For nearly 20 minutes, on Steve Weed Production video of the CV PB meeting 7/10/13 with the law right in front of them while they discussed the solar project with the applicant, they never told the applicant that his array was too large as proposed for the RF Dist.   AND 21+ days later they were still trying to somehow scramble to force this project under the new law.

And sad part is....they wrote the zoning law... AND someone will again suffer for this large zoning screw up! 

So if you got the answer right on my zoning test, you are doing far better that our existing CV "zoning experts". 

To me that is not real comforting since we have been told over and over by these "experts" that this law is the end all and be all to save our community from BP and Art. X!

Geeee I hope they do a hell of a lot better when they read and interpret our zoning law before an Art X siting board and BP lawyers!!!

Now as I said there will be another "zoning expert" test coming soon.  Maybe a little more challenging!

New CFG Signs

 Driving along Sand Bay Rd. in front of the 1000 Islands High School I thought I was back in AZ on Old Historic Rte. 66 looking at the old Burma Shave highway signs. 

Remember them????

New CFG campaign signs.

Seriously!!!  How do these people put this bullshit up and keep a straight face???

I love the Mis-managed Water Districts..that is a hoot!

The previous wind conflicted CV govt puts in the waterline to nowhere on Pelo Rd. and their buddies hookup an illegal water system.  And these geniuses  are claiming this govt. mis-managed water districts...seriously!!!!

Do You Have What It Takes To Be A Cape Vincent "Zoning Expert"? - Take The Test!

You have a big three ring binder on the table in front of you that has the new Cape Vincent zoning law in it.  A Cape Vincent property owner comes to you and asks...

"Can I put up a  large commercial solar array, or Solar Energy Conversion System (SECS)  in the River Front District?"  (RF in the table below) 

So you ask..."Well...how big is it?"  The person says...

" It's two solar (SECS) arrays 720 sq. ft. each. 10 x 72 ft. totaling 1440 sq. ft."

 Now your CV Zoning Expert Test.

Using the table below from page 12 of our new CV zoning law, which is in your big binder...what answer would you give this person?  

 

 

The answer will be in an up coming post.  And if you did well, we will have a more challenging test you can attempt as part two of your CV Zoning Expert Qualification Test!!!

So Where Are All These Ethical Do The Right Thing People????

There has been a lot of talk on the blogs about the  current Cape Vincent Town govt. being ethical, moral, and not corrupt or with a conflict of interest on wind issue.  They will do the right thing.  There has also been  a lot of talk about wind turbines impacting property values in CV.

Well..let's look at that for a minute, especially that ethical thing.

We have a woman,( Mrs. Mary Grogan), in our community that needs help.  Not because she is a woman, but because three times she has been badly screwed over by the people who administer CV zoning.  Once was by the old wind conflicted govt. and that ended in the now famous private dangerous and noisy wind turbine being placed too close to her property and home.  I am sure this has dramatically impacted her property values.  But this time it is by our CURRENT govt and their zoning geniuses who badly goofed up the application for a solar array on the property of Mr. Roger Alexander, next to Mrs Grogan,  using  our brand new zoning law that THEY WROTE, but apparently can't read or interpret correctly!

So where are the people in our ethical "do the right thing" CV govt to help Mrs. Grogan? Nowhere to be found apparently!

She has contacted the town Supervisor Urban Hirschey numerous times about her dilemma to no avail.  And that is over a period of 4 years!  That would mean Hirschey has been elected TWICE and done nothing about Mrs. Grogan's issue.

Mr. Macsherry the CV Planning Board Chairman and Mr. Brown the Vice Chair along with Mr. Millington the CV Zoning Enforcement Officer are apparently more concerned with scrambling around to help  Mr. Alexander site his illegal solar project.  They screwed it up under the new zoning so they got with the other town officials (admitted to on video) and then tried to shove it under the old zoning.  However, that didn't work well because that was real questionable too and the original permit was illegal.  They are also more concerned that Mr. Alexander has a big investment in the solar project so he can move on with it.  I have heard NO expression of concern about Mrs. Grogan's property devaluation or protecting her property and investment.

Bottom line is money talks.  You got big money...then you get favorable zoning!!!
Sorry Mrs. Grogan!  For big money the zoning mantra is different...

You build it, and then we will zone it!!!

Maybe when McCann the expert appraiser the town hired to help our defend law on property value grounds...maybe they should send him to Mrs. Grogan's house where a wind turbine is actually trashing her property values.  Geee maybe as an "expert" (they like experts)  he could report that back to the town who has done NOTHING about it even though the turbine was declared ILLEGALLY placed!!!

Most if not all of the CV town board know about this issue.  The planning board certainly knows, and according to Mr. Macsherry and Mr. Brown on video the town attorney  even knows.

So who's left?  The Zoning Board of Appeals.  Do they know?  Well at least three ZBA officials know.  One is the chairman Mr. Faulknham.  He doesn't seem real fired up about it either.  He told Mrs. Grogan he didn't know exactly how to start the appeals process before his own board, then told her he didn't think she could win it anyhow.

WOW...that sounds real encouraging!  The ZBA hears zoning complaints and is supposed to be a quasi judicial board, like a court.  At least stay neutral for Christ's sake till you have a hearing...well IF he can figure out HOW to have a hearing!!!

So by documentation it is established that the vast majority of the town govt knows of the serious zoning dilemma Mrs. Grogan has and the cost and stress she has suffered at the hands of town zoning screw ups!.

So here is the interesting thing.  ANY town official who thinks there is a serious issue with a zoning permit, or how zoning has been handled can make an appeal before the Zoning Board of Appeals. ANY TOWN OFFICIAL. Mrs. Grogan has made her own appeal...but  where are these town officials?  NONE have made an appeal as far as I know.   Do they care about Mrs. Grogan's plight? Do they care that this is a major zoning screw up and they themselves should set it straight?   More than likely they hope this will all go away conveniently before the elections and Hirschey probably has told them to keep their heads down and don't make waves!

And what about the Cape Vincent blogs who LOVE this "can do no wrong" CV govt!.  I doubt seriously they don't know about this by now. Pandora had her own  chopped up video of me speaking about it at a planning board meeting. Two planning board videos about this 7/10/13 and 8/14/13  are on Steve Weed video.  And Wiley sat right next to Alexander when he approached the planning board with his solar project and it was discussed in detail. He was even laughing and whispering about it with his wife in the front row.   I guess it isn't so humorous now!!!

So where are they on this issue and how come they aren't reporting it?  They of all people you would think might be sympathetic to someone who needs a little help, when they got caught in a jam because of the blogger's law suit they asked for help and received $$$$ help from many in the community.  But not a follow up WORD on either blog about this.

I betting Hirschey gave them the wink indicating to squelch it since it doesn't look real good in an election year that the Cape Vincent "zoning experts" who designed our zoning law to defend against BP, screwed it up so badly on this issue.

So once again Mrs. Grogan gets tossed under the bus for political expediency.  And that makes this zoning mess worse than the mess created by Al Wood the former ZEO and the former wind conflicted CV govt. over the Alexander private wind turbine!

So this election season when one of these town board officers shows up on your door step telling you how great and competent and ethical they are, and they are doing the right thing etc. etc. ... you might want to ask them why they and their supporters aren't saying a PEEP about Mrs. Grogan's major zoning screw up they created! And don't let them give you any crap that they don't know!!!

Then I would stand back because their nose might suddenly grow and poke right through your screen door!!!

So Where Is The 1000 Islands Regional Wind Opposition????

Since June of 2006 I have stood strongly and very publicly opposed to industrial wind development in Cape Vincent and the 1000 Islands / Golden Crescent region. Many of the other people outright opposed to wind development stay anonymous or water down their stance.

So where is the public opposition to industrial wind development?  I see a lot of lip service, but even that has no real back bone.

So let's take a look at this so called "anti wind" or "wind opposition" movement.

Let's start with the Cape Vincent group The Wind Power Ethics Group (WPEG).

First nothing in the name suggests they are anti wind.  In fact they very definitely will not say publicly they are anti wind, and it has been that way since 2006.  I guess they feel they might hurt somebody's feelings!  You know...like BP!!!

The Clayton group ECCO (don't know if it still exists) on one statement actually said they were pro wind but concerned about wind development.  Pro wind ????

The CV candidates Hirschey, Oswald, and Bragdon in their current campaign flier are talking that our new zoning only limits industrial wind development.  Mr. Bragdon in his own campaign statement says he wants to do wind development "right"!  What the hell does that mean?  In fact CV zoning does not ban industrial wind but allows some.

CV Town Board members Byrne and Oswald made statements at one time that were anti wind, but the Hirschey camp squelched that real quick!

Mr. Hirschey, the CV Supervisor on TV in 2011 said he is not against wind development.  In fact Hirschey didn't want the one truly and very vocal nationally known industrial wind opponent John Droz to come speak in CV.  Go Figure!  And every WPEG public presentation on wind HAD to have the pro wind side presented.  In fact in most of those presentations there was not a truly anti wind point of view.

Bob Brown, the chairman of the CV zoning law committee said on NPR that the CV zoning was not drafted to prohibit wind development.

Henderson is the only local town I know of that banned industrial wind development.  All the other towns near the Lake or River have passed laws that  restrict, but do not ban industrial wind development.  At least they showed some brass!!!

I also noted this statement on the JLL blog today from a group of Clayton concerned citizens ("concerned" is the buzz word!)  Corporate industrial wind energy giants are about to lay waste to one of NYS's most beautiful and precious regions....Oh but don't worry...we are concerned!!!

"PLEASE TRY TO ATTEND this meeting to be held in the heart of the proposed industrial wind development.   We must stop this development going through in it’s PRESENT form.  It needs to be revised and stopped."

What the hell is this PRESENT FORM crap???  Is there now a form of industrial wind development in Clayton or the region that is OK???

And the last part doesn't even make any sense. Revised AND stopped????  OK are we now revising... or stopping, which one is it??? 

So why should I attend this meeting...what's the point.  As soon as they actually figure out what they stand for and can articulate it and stop playing these appeasement games ...maybe then I will attend.  Other than that it is a waste of time!

There seems to be a lot of disturbing rhetoric on the supposed wind "opposition" side lately.

Revise
Limit
Restrict
Present Form  etc. etc. etc!!!

The State was very clever in their approach.  Take away community home rule rights and threaten communities with the Art. X process and suddenly the entire wind opposition will go limp!

Everyone is screaming how we have to save the 1000 Islands from wind development, yet no one seems to have the actual backbone to do what it takes. 

What Did They Actually Say?????

Well...the elections season is gearing up in the  Town of Cape Vincent.  I received a flyer from the group including:

Mr. Urban Hirschey - CV Supervisor -R
Mr. Brooks Bragdon - Incumbent for CV Town Council -R
Ms. Michelle Oswald - Incumbent CV Town Council -R

This flier is also on JLL and the Pandora blog.

You can see an additional campaign statement from Mr. Bragdon on the blogs as well.

It always amazes me how politicians scramble to find a way to say something that is basically meaningless on the big controversial issues, like BP industrial wind in our community. If you are brain dead, then it sounds real good and smooth!

Let's take a look at Mr. Bragdon first, on the wind issue:  Underlining is mine.

"I have made sincere efforts to see that wind turbine development is done right , with proper checks and balances and within the directions of the Cape Vincent Zoning Law, and I shall continue to do so."

Seems to me that is an oxymoron.  I was under the distinct impression during the 2011 election and victory that this was an anti wind effort to elected the WPEG/Hirschey candidates.  According to the blogs it was the big anti wind decision and referendum AGAINST industrial wind development!  

So in the last 2 years when did we get to this idea that you can do industrial wind development RIGHT???  It seems rather obvious to anyone with half a brain and a 2 second look across the River  that there is NO WAY to do industrial wind development RIGHT, whether it be in CV were NO wind development  belongs, yet our zoning allows some, or other places were it is still nothing more than a pointless over tax subsidized fiasco.

So now we are going to do wind development right????????  WTF!!! That is real comforting!  I feel much better now!!!

Then we have the flier from Hirschey, Bragdon and Michelle Oswald.  Here is what part of that says on wind. Underlining is mine.

"The guiding factor in the Zoning Law was to protect the safety and welfare of the citizens.  Consequently, the number of Turbines is limited and would not accommodate the 124 Turbines proposed by British Petroleum

Ooooookkkk .....  So we are no longer anti wind?  We are now just limiting the number of turbines.  And if we combine that with Bragdon's statement I guess we are limiting turbines, so we can do wind develop right?????

Now that is a very interesting and subtle position shift from a  group that everybody is convinced is anti wind.  So now we aren't going to be anti wind but instead now we are  going to do wind development right, and just limit the turbines!!!

I wouldn't say that is a roaring anti wind commitment!!!

Oooookkkkk...so let's look at that statement.  It really begs the question (that will NEVER be answered)  how the hell many turbines are we limiting development to, to make it right????  Seems based on these political BS statements it is an extremely legitimate and very important question to ask in an election year.

I guarantee if you ask any of these candidates in the flier HOW MANY are they going to LIMIT wind development to, to do it RIGHT...they won't have an answer or a clue....AND they really don't want you asking that question.

In fact I asked Councilman Clif Schneider last year how many turbines our law would allow, and he didn't even know, and he was a driving force on the zoning committee. 

Well I guess that doesn't surprise me if you look at the current Mary Grogan / Alexander solar project fiasco where our "zoning experts" can't even apply or read their own damn new zoning correctly! And they wrote the law!!!

And what about Michelle Oswald up for election this fall?  In the last Meet the Candidates Night last year she said she was against industrial wind develop in CV. She made that real clear running against Paul Aubertine. I was encouraged!

But now she has signed onto a Hirschey campaign platform where we are just limiting the turbines.  Ok Michelle, so give me a number...how many is LIMITING!!!

How many of those 500 ft. BP turbines is ok for you to make them limited!!!!!

Now in Michelle's case their is another REAL important question to ask her.  I would think it is fair to say Michelle is a strong supporter of woman's rights. 

Well ask her how she as a town of CV official with power, plans to defend a fellow CV woman Mary Grogan that has been badly screwed over TWICE by CV zoning screw ups, which has reduced her property values, and one of those screw ups was under the zoning officials under the administration she is part of!

In the campaign flier Ms. Oswald is standing shoulder to shoulder with CV Supervisor
Urban Hirschey who voted to appoint the officials that created the big zoning screw up Mrs. Grogan is innocently entangled in.  Mrs. Grogan has repeatedly asked Mr. Hirschey for help for 4 years to her serious zoning dilemma involving a wind turbine to no avail!

Here is a bunch under Hirschey that goes on and on in the Art X process blah blah blah about industrial wind development killing our property values.  Yet when it actually happens to a CV citizen, and Hirschey could actually do something about it and put his money where his mouth is on the property value issue...he is nowhere to be found.  Ask Mary Grogan!!!

The only thing Hirschey is interested in limiting right now is any political damage the Mary Grogan case could cause him and his candidates.  Not one of these candidates has contacted Mrs. Grogan about her latest zoning screw up dilemma, nor have the other Town Board members. Not one, as of tonight 8/24.

It will be very very interesting to see what Councilwoman  Oswald does with this case.  Will she stand up to try to assist Mrs. Grogan to get relief...or will she fold up in political allegiance to Hirschey and avoid making waves just like Hirschey does?

Next time you see Councilwoman Oswald campaigning ask her about the Mary Grogan situation and what she plans to do...and don't be fooled, she definitely KNOWS about it! I know that for FACT!!!

I'm guessing Mrs. Grogan has really  had enough yet!!!

"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.

 

Two "Irregular" Zoning Permits For A Solar Array

As per my recent posts on the zoning fiasco that has occurred involving the
"very irregular " (being polite!)  permitting of a commercial solar array in the Cape Vincent Town River Front Dist., Here is additional examination of that zoning fiasco!

1st permit granted 7//18/12

1. Note that the project is checked off as residential and commercial.  This is odd because it can't really be both, and with the commercial box checked off it needed a site plan review before the CV planning board  that never happened. 

2.  Note that the zoning district is not check off as required.  No way to tell which zoning dist. this project is in.  This info is critical to determine which zoning dist. regulations will apply.

3. Mr. Alexander the project applicant in the PB meeting video is asked by Mr. Bob Brown of the CV PB about the height of this project and Alexander and his contractor say the arrays are 10 ft. high.   I don't understand why this indicates 35 ft.????? This is confusing.

4.  Note the error in sq. footage.  It says 600 ft. x 600 ft. = 36,000 sq. ft.  It should be 360,000 sq. ft.

5. The date of this permit is July 18, 2012.  If no construction is started on the project the permit expires in 6 months, not a year.  That would have been Jan 18, 2013, not when the new permit was granted on July 18, 2013.  It appears that only recently is there any construction, and only recently are there claims made that town officials Mr. Macsherry from the PB and  and Mr. Millington the ZEO claim they examined the project on site in late July or early Aug 2013.  But what about Jan 18th 2013 when it actually expired???  No one knows!  And there is more to this date issue described under the new permit below.

   6.  Note the owner must verify that the information is accurate and agree it conforms to the zoning law.  As you can see it is NOT accurate, and since it needed a site plan review it does not comply with the zoning law.

7.  Note there is no site plan referral date.  Our law says as a commercial project in the River Dist. needs  a site plan review by the planning board.

In our old zoning law here is what it says about some of the powers of the Zoning Enforcement Officer who grants permits such as at this.

"Revocation of a zoning permit where there is false,

misleading or insufficient information."

This permit is a mess and should never have been granted!  Not to mention renewed with another new screwed up permit!

So let's look at the new permit granted 7/18/13.

 
1.  This time no box checked off indicating what use the project falls under, commercial or residential etc.  This is critical info and a  major factor as to what zoning regulations will apply.  For example this solar array is not allowed under the new zoning since it is too large.

2.  Again the owner must verify the information is accurate and conforms to our new zoning law.  Nope!!!  NO on both counts.  Commercial solar arrays of this size are not allowed in the River Front Dist.

3.  Again... what is this 35 ft.?  There are numerous discussions that the project arrays are only 10 ft. high.

4. Once again the sq. ft. is wrong.  It should be 360,000 sq. ft.

Even the 2nd permit is a mess too and should not have been granted!

So what does our NEW zoning law say about all this?

About permits....

Permits are required to ensure that the Zoning Laws are followed for the health, safety, and welfare of the residents of the Town.

No Zoning Permit or Certificate of Zoning Compliance shall be issued for any project that is not in compliance with the provisions of this Law.
And like our old law the Zoning Officer can...


Revocation of a Zoning Permit where there is false, misleading, or missing information.


And here is what the NYS says about the issue.

The Zoning Enforcement Officer (ZEO) – The ZEO is the municipality's representative in land use regulation and enforcement, and should be the primary contact for all applicants. His/her major duties usually are: to prepare or acquire forms necessary to properly administer the zoning law; issue zoning permits;… 

The ZEO's power is limited to enforcement of the law as it is written. The ZEO has no power to modify or waive the zoning regulations even if s/he disagrees with a requirement of the regulation. 

The ZEO must deny a permit whenever s/he is in doubt about a project's legality, or about how the zoning law applies to the particular case. An applicant who is denied a permit can appeal to the ZBA for an interpretation of the zoning regulation, or for a variance.

And guess who helped write this NY Dept of State paper on Zoning Enforcement I quoted above.

That would be Mr. Mark Gebo, the Town of Cape Vincent attorney!!! Go figure!

Just For A Frame Of Reference - The Size Of The Proposed Solar Array Given Two Illegal Permits By Cape Vincent "Zoning Experts"!

If you have been following my recent posts you know I have been examining the town's new zoning law melt down over a large solar array that was improperly granted TWO illegal permits.  If you haven't been reading lately please go back and review the posts to gain an understanding of how big a screw up this really is and the woman who now has twice been badly aggrieved by Town of Cape Vincent zoning goof ups!  But this time it was our new CV govt "zoning experts".

As a result  I would say that makes this screw up a magnitude or two worse that the screw up by our former zoning officer Al Wood who allowed an illegal wind turbine on the same property you will see in some pictures below!

Below is a picture of the approximate size of the solar array in question just so we all  have a frame of reference.  According to the permit and public hearing letter this illustration will be within a few sq. ft.  The array is 72ft. x 10 ft.  Note the illustration of the small pickup truck for a reference. The pick up is about 5 ft. high and I staked out 72 ft. on the ground.

Note - The picture IS NOT taken at the proposed location of the array.

Fact is the permit allows TWO of these huge arrays totaling  1440 sq. ft...not just one.

                               Home of a neighbor.  This home is 60 ft. long.

                Just for scale, the solar array in comparison to the same house.

NOTE:  The solar array is obviously NOT going to be placed in front of this house!
This is just a scale comparison so you can see how big one of the two illegally permitted arrays will actually be!  The arrays will be back and on the property to the right in this picture.

No wonder our new law prohibits this size ground mounted solar array in the River Dist.  I would not want to live close to this.  The owner won't live right near this array either.  He lives down the road where this array will probably be out of site...well except for his neighbors!!!

By God We Are Going To Defend Our Zoning Against BP!!! - Well OK Not Literally!!!

Mr. Wiley on his JLL blog is talking about the "Stipulation" Phase of the Art. X process.  This is where BP and the town talk about things they might agree on like for example the type and scope of the environmental studies before BP makes a formal application.  That is what the 6 hour conference call was supposed to be about in the CV zoning lawyer's office in Syracuse that was cancelled.

  Don't really understand why this had to be out of public view in Syracuse, and nobody seems to be questioning that will be a quorum of any town officers...but anyway.

But in the Stipulation phase there was an agenda, and on that agenda as the last item wasa discussion on our new zoning law that BP feels is too burdensome, and our town officers claim they will defend come Hell or high water!

So I guess when the next Stipulation Phase conference is scheduled, I bet BP will be tickled pink to hear that Mr. Macsherry the Chairman of the CV Planning Board and Mr. Brown the Vice Chair, possibly to soon be the Chair, have said that we really shouldn't take our new zoning literally!!! It's just kinda sorta  an intent  kinda thing, not actually  literal.   Especially since these two men were driving forces in this new zoning law.  And that is not joking around.  They have actually in reality set a precedent by attempting to apply the new zoning with that rationalization!!!

And that precedent thing can be a real uncomfortable thing in the wrong lawyers hands!!!

Now these men and others involved in drafting this new zoning have held fast that they will staunchly defend our new law.

WOW that is great!!!  As soon as they figure out what they are defending since the law is not literal and those wind turbine setbacks and exclusion zones are just kinda vague suggestions, not actually literal !!!

It IS a Big Deal. So Where is Wiley????

If you have been following the discussion on this blog and have looked at the Steve Weed video from the last two Cape Vincent planning board meetings you will recognize that there has been a major mis-application of our brand new zoning law, and some real goofy excuses by town zoning officials to justify what has happened.

But why am I making a big deal out of this? 

Well... because once again it involves Mrs. Mary Grogan, the lady who has probably lost much of her property value already due to another CV zoning goof up AND then manipulation.  That screw up involved  the previous zoning enforcement officer Alan Wood, and later former planning board chairman Richard Edsall involving a private wind turbine.  You can see below the pictures of what Mrs. Grogan has put up with for 4 years, that has probably significantly reduced her property values.

 Would you buy this property with that noisy dangerous turbine looming over your house?  I doubt it.  I say dangerous because the turbine has failed a couple times and run wildly out of control in high winds. It may be badly damaged at this point as a result but no one really knows.

 

 

 

 

 

Would you buy this home with this in your back yard!

 

 

 

From Mrs. Grogan's back deck!

 

Now you could say this turbine fiasco was all the fault of the old wind conflicted govt.  Well not exactly, because this turbine was declared illegal by the zoning board of appeals in 2009 and that was AFTER Urban Hirschey became CV town supervisor.

 Even after it was declared illegal NO enforcement to remove the turbine took place.

 

And now it appears this turbine will be interconnected to another illegal solar project!

 

This turbine is a dangerous illegally zoned eye sore disaster that still stands and Mr. Hirschey and our current govt have made no aggressive effort to have it removed! These pictures were taken yesterday not in 2009!  At this point Hirschey should make  concerted efforts to remove it because it has proven to be a public safety issue.

 

But it gets worse.  This new govt and it's "zoning experts" just created another big zoning screw up on the exact same property that will significantly impact the exact same woman! This time it is with the illegal permitting of a large solar array.

 

Now here is the other odd thing.

 

Mr. Wiley a big time Hirschey govt supporter, who owns the JLL blog was all over this turbine issue when it occurred under the old govt. And he has also posted about it after the fact.  In fact the other night he was siting right next to Alexander through the entire planning board discussion about this solar array being sited under the new law. He often tells us on his blog how we are so fortunate to have all these "zoning experts" and their broad cumulative expertise etc etc etc!  However, I wonder if he is qualified to make that claim.  He sat right there front row center on the 50 yard line of the zoning discussion, and he never picked up on what they were talking about was an illegal use or that it should have gone to the ZBA. If the Hirschey/ Macsherry/Brown  govt say it's wonderful...then there is no need to ask any questions.  That is the standard operating procedure.  If they say so...then by God it is SO, and there will be no questions, and that is why they don't like me, because I do ask questions, and have broken the faith, and this question has revealed a big screw up with big implications to the entire CV wind issue and battle against BP and Art. X!

 

.  Before Mr. Wiley tells us these people are all "zoning experts" maybe he ought to talk to Mary Grogan or pick up the damn law and read it so he knows whether they are or not!!!  Wiley is also been screaming on his blog for several years about how wind development will reduce all our property values, yet when that actually happens in our community like in Mary Grogan's case, apparently he's not interested enough to put pressure on his favorite town supervisor and board to actually do something about. 

 

Funny how you don't see a word about this solar zoning screw up on his blog  Geee I wonder why that is??????  Could it be because this govt is  promoting solar in our comp plan and zoning, and this solar zoning screw up could give this govt a real black eye in an election year!!!  OR does this incident reveal that  maybe the "zoning experts" don't know as much as everyone thinks, yet we are gambling the entire future of our community on them and a law they don't seem to know how to apply in their head long devotion to Art X.  That is a scary thought!

 

I talked to Mary recently and I can assure you she has "Has Had Enough Yet and I don't blame her one bit!!!



The Dance!!!

 

Mr. Macsherry the Chair of the Cape Vincent Planning Board (PB) and Mr. Brown the Vice Chair, are trying to convince us that we should not take the new CV zoning law literally.  This is in reaction to the screwed up permit granted to Mr. Alexander for a large solar array.  

 

If you read table 8 on page 12 of our new law, which they initially applied to this issue, it is very clear and easy you read that the size solar array under question would not be allowed in the River Front Dist. 

 

Starting in a private conversation with Macsherry on July 31 he has been pushing this idea to down play table 8 which is so obvious.   Even on the  video of th 8/14/13 Steve Weed PB meeting video.  Mr. Brown and the planning board are apparently backing Macsherry on this "very unusual" claim (to put it politely)

 

So why are they saying this?

 

I believe it is because they spent nearly 20 minutes in detailed discussions with Alexander about how his project would fit in the new law and they were ready to approve it under the new law.  And they never caught the fact that in the new law they drafted and in a table they drafted specifically designed to be easy to read, they never caught that Alexander's project was not allowed.  Ooops!

 

Now if you view the Steve Weed PB meeting  7/10/13 video linked below you will even see Brown giving Alexander a primer on solar and how our new law handles it. Move the time slider on the video to 36:27 and  listen carefully.

http://www.steveweedproductions.com/TOCV2013.php

And in  the  discussion about the project it is very clearly determined and defined as to size and to be commercial.

This is the point at which somebody on that PB should have woken up and realized this project would not be allowed under table 8 of the new law.  But NOT ONE person on that PB picked up on this, and as I said several of them where on the committee that drafted that new law!!! A law with an  agenda by the town to promote solar.  Which by the way I told them long ago on my blog they didn't really fully understand and was arbitrary.

Also note on the video that Brown has a big thick 3 ring binder in front of him that he flips some pages on.  As far as I can see it has the old and new zoning in it right under his nose yet he still didn't pick up on table 8 and the problem.

This is why the sudden "dance" on the 8/14/13 PB video  to say...oh well it is the law's intent that matters , and that the law should not be taken literally.  You know... like table 8 that they obviously designed to BE taken literally! 

When Brown is giving his primer about solar, what he is talking about is actually clearly laid out in table 8!!!

But hey...you don't have to believe me. Let's look at what the NYS Dept. of State says in an excellent technical paper on zoning. Underlining is mine.

 

The protections afforded residents and property owners within the community from

undesirable development come from the restrictiveness of zoning. Traditionally, zoning is characterized by pre-set regulations contained in the ordinance or local law, and applicable uniformly within each district. A landowner can look at the zoning map and regulations and know that if he follows them, he has a right to use his land in a certain way, and that neighboring property is subject to the same restrictions.

That is pretty damn clear.  There have to be literal regulations in the law so everyone understands them and follows them to protect all land owners in the community. 

If we start following some broad so called intent in the law that is so vague that we can actually use it as an excuse (as Macsherry and Brown did) to even allow a use that is outright prohibited, then no citizen is going to know what the hell is going on in zoning, and who will be the one to figure out what the broad vague  meaning or intent actually is. 

AND this provides NO consistency in zoning, nor does it provide citizens with the critical protections of the health, safety and welfare Brown and the other zoning "experts"  like to promote is going to be our savior against Art. X and BP.

That is why  what they said about not being literal is frankly absurd!  And in fact has created a MAJOR screw up in the application of our brand new zoning law.

And supposedly according to the "experts" that law, and it's interpretation, application, and understanding of it  is all that stands between us and BP!!!

That  makes this entire zoning mess  really disturbing!!!

And why else all this fuss over the correct application of the law.  Because one CV citizen is going to be badly aggrieved and have her rights denied by a screw up in CV zoning.

A SECOND TIME!!!

The Planning Board Solar Array Zoning "Error" Time Line!

On the issue of the permit for a solar  array project I have recently been posting about, the Cape Vincent planning board officials particularly Mr. Macsherry and Mr. Brown.
who are the chair and vice chair respectively would like to leave you with the impression that they had this solar array permit issue under complete control from the get go.  That THEY are the ones who did all the due diligence BEFORE HAND and with their zoning expertise they quickly (keep in mind this quickly claim!) determined the project did not need a planning board review or public hearing and could proceed with just a permit renewal. It was apparent. They had everything under control, no big deal, business as usual, smooth as silk. You can see the "quickly" claim on Steve Weed video.

I don't think that is the case, and I think the permit was NOT handled as they would like you to believe so matter of fact and in control. In fact the evidence says quite the opposite.  So let's look at the record, because we actually have quite a record and much of it on video!

July 10, 2013

Planning board meeting where they review Alexander's solar project in detail.  No problem according to them. Everyone agrees it will be applied for under the new zoning and get site plan review and public hearing.  PB vice chair Mr. Brown goes into detail explaining to Alexander of the solar permitting under our NEW zoning law.

  But the irony is this project would be illegal under the new law and a very obvious clear easy to read table THEY put in the law shows it is illegal.  But nobody says a word about it or tells Mr. Alexander the project is illegal under the new law.  Mr. Macsherry and Mr. Brown think the project looks good and schedules a public hearing.  No one sees that even the original permit was illegally granted because of  no site review even though they discuss it has had no review EVER till now!!!. You can see all this on Steve Weed video.  You look at this video and it is obvious this is headed all the way down the PB site review road. They basically had given it approval.  There wasn't going to be any reversing direction at this point, and it would have gone all the way to approval illegally under the new law...unless somebody put a fly in their ointment...which myself and some others did.  And they  showed NO indication this project had serious zoning problems. AND this needed approval from the Zoning Board of appeals as a special use permit use, and the ZBA is nowhere in the loop!

July 24 - 14 days, 2wks  after the July 10 meeting!

I received an email from my friend Mrs. Mary Grogan indicating she has just received  a letter from the Cape Vincent Planning Board Chairman Dick Macsherry notifying her of a public hearing for the solar project next to her property.  She has not seen or heard anything  about this project till now.  Even though the original permit was illegally granted on  July 18, 2012.  This letter says NOTHING about  putting the project under the old zoning or that this is a permit renewal.  At this point 2 weeks later they are still headed down the PB review road and a public hearing.  Not exactly a "quick" analysis as they claim!!! Nothing has changed.

July 25

Mrs. Grogan emails me the PB public hearing  notice.  I start some research and in about 10 minutes find the use is illegal in table 8 under the new zoning  because of the array size.  I am baffled why there is PB site review, or public hearing on a use not allowed.  This does not pass the sniff test so I look into it more.  I also pass it by a few other people who agree this makes no sense.

 I call PB Chair  Macsherry to verify the size of the array. He confirms the size as two arrays 720 sq. ft. 1440 total.  I indicate this seems illegal and why the need for a public hearing or PB review...the use is illegal.  He does not indicate any change will take place.  It's still under the new law and site review with a scheduled public hearing
on Aug 14th.  Then we had other conversations about BP.

Later this day after further research I email him and again indicate this use seems illegal.  I get no response.

July 25- 31

I do more research on this issue. Use still seems illegal.  I watch the 7/10/13 PB video several times,  and there now appears to  be many other irregularities cropping up as well.  No email response form Mr. Macsherry.  I also run this issue by some others who agree this is not right by the new zoning.

July 31 - A full 21 days 3wks after the 7/10 PB meeting, and 6 days after I notify Macsherry the first time I thought the project was prohibited.

I FOIL the PB minutes for the 7/10/13 and drive to the town offices to pick them up.  Mr. Macsherry is in the office and we talk about the project where once again I reiterate I think the project is illegal.  But he has a new take on the issue, under the new zoning!.

Now this is an important discussion and point in the issue to read carefully.

Mr. Macsherry has a new idea, and he is STILL applying the project under the new zoning.  We walk to his car and he shows me the NEW law and points out the solar project could be legal if Alexander just changes  the permit to residential ground mounted array, AND separates  the panels by an inch and that would make it legal by sq. footage  but STILL UNDER THE NEW LAW!  3 weeks after they looked at this they are  STILL applying the new law.  I tell him I disagree and this is a screwy manipulation and stretch of the zoning on this project to try to make  it legal! The arrays are TO BIG.  Then he starts into this idea that table 8 which clearly prohibits this project, isn't really strictly applied, it is the intent of the  law that matters. WHAT!!!   This entire discussion just leaves me stupefied.  But the goofiness of this and his rush to see Alexander suggests to me that there is a scramble going on to
try to down play a big zoning screw up.

Why is it screwy?  Because Alexander would have to separate his two 10x72 ft. arrays  into about 15 separate 100 sq ft. arrays.  BY AN INCH...are we kidding!!!  And it is too long to explain here but it gets into what defines panels and an array etc.

But here is the thing.  This is 3 weeks into this and he is still talking NEW zoning, and there is NO indication that it is a permit renewal under the old law or that there will be a cancellation of the PB  public hearing on this project on 8/14. OR as you will see that he later claims the permit was actually extended already on 7/18, and that would be 13 days ago.  Don't these zoning people ever talk to one another!!!

Macsherry (and I will bet Mr. Brown) is scrambling to somehow cram it legally under the new law, and ZEO Millington has already extended the permit cramming under the old law. YIKES!!!  But in reality I doubt that is what actually happened.  I think it was a bit more coordinated than that after the fact.

Now I would say this is not exactly quickly correcting the situation and quickly applying due diligence and deciding to apply it to the old zoning.  And if they are still applying this under the new law, then it still requires a special use permit from the ZBA, and the ZBA is not even in the approval loop at all. 

I guess Macsherry's idea to separate the arrays didn't go over well because they ended up scrambling for a solution and that was to try to turf it back to the old zoning and hope that would work! Even though the original permit under the old law was illegal!

Aug 8

Mr. Macsherry finally writes a letter to Mrs Grogan that the Aug 14th PB public hearing on this project is cancelled.  Macsherry claims that as a part of "normal" review he interview the ZEO Millington and Alexander and it became readily apparent that the project needs no PB site plan review and that Millington had "extended"  (that is the new buzz word) the permit on July 18th 2013. 

Oh it all looks so smooth as part  of " normal review" and everything is so "apparent" to thee zoning experts.

 Well the how come on video they are complaining that they put well over 10 hours in to this, dragged in the town board, the ZBA, the ZEO, and several opinions from the town lawyer and this went on for some time if this was so readily normal and readily apparent???  And this is "normal review"?????  I don't think so. And now we are  a month into this mess.  I have been to a lot of PB meetings in the past and this is NOT normal review!!!  That is a lot of BS!!!

But here is the part that is interesting.  Macsherry says Millington extended the permit on 7/18/13.  OK so why on 7/31 nearly 2 weeks after the permit was extended and shoved back under the old zoning is Macsherry talking to me at the town office as if the new law still applies and showing me under the new law how Alexander can make his project legal by playing magic zoning tricks with his solar array.  AND if Alexander's permit expires on 7/18 and he can just extend it, why in the hell is he before the PB on 7/10  with everyone agreeing to abide by the new law and waiting for a public hearing on Aug 14th???? Like I said...do these zoning people talk to each other, because 2 and 2 are making 5 not 4 !!!  Why not just go to Millington the ZEO and before the 7/10 PB meeting, and  say that his permit is under the old law and about to expire, and can he "extend it" without having to go through the entire PB review hoopla.  Millington did ultimately grant him a renewal anyhow, so why all this hoopla?

This doesn't add up!!!

In fact Alexander even brings up that subject of can he go with the old permit, but  he  himself says he wants to do it right by the new law and the PB agrees.

I think there is a big scramble going on here to try to make a big zoning mess go away!

There ain't nothing normal or apparent about it...nice try!!!

How To Legally Violate Cape Vincent's New Zoning! - Just Get a "Not Litereal" Permit!

What you do is get some zoning insurance... Let me explain.

There are two important warnings in this process.

1. Don't do this unless it is an election year in CV.

2. Make SURE when you apply for the CV building permit that you specify you want the NON LITERAL permit...not the LITERAL permit...that is critical!  They usually grant them more freely in an election year.

 Maybe you have a piece of Cape Vincent  property not big enough to build the dream house you really want.  But maybe the CV zoning would allow you to build a smaller house on that property.  Don't fret...That's OK, just get a permit for the smaller house, and here is how to make it all work out to "legally"  get the bigger house you want.


1. Hire an expensive contractor, and order and have delivered all the material for the entire job.  Bought and paid for on site and highly visible.

2. Only THEN submit the plans for a permit for the smaller house.

3.  Sit on the permit for a few months and don't do any construction. Let things cool down and no one will notice.

4. Then go like hell to build the BIGGER dream house.

5.  If no one complains you are home free.

6. Now if you do get a complaint, don't panic!

7.  When the zoning enforcement officer comes to check you out, here is what you do...

a.  Tell him you are really sorry, but you lost the plans and got really confused and built the bigger  house by mistake. He will be sympathetic to that!

b. If the house is not finished immediately show him all the material, fixtures etc you have paid for sitting in a big pile.  But don't show any receipt...say you lost them!  Just tell him you have about $500,000 invested and a lot of the building is completed.

c. Threaten to sue if he gives you any grief.  Have your lawyer on your cell on speed dial.

d.  NOW HERE IS THE IMPORTANT PART...YOUR ACE IN THE HOLE!

Tell him you talked to the CV planning board and the chairman and that you were informed by them  that in Cape Vincent the zoning law was not written  to be taken literally.  It is only sort of an intent type of thing, especially if is an election year!  Hand him the zoning law and show him the clearly defined easy to read table that has the setbacks in it for your zoning district and tell him you didn't build your house to those setbacks because they are not really literal setbacks according to CV zoning professionals.  Say you saw it on video too.

Tell them that because of the geography at your site and the trees etc. that nobody can really see that your house is too big for the small lot anyhow, and since the law is not literal you decided it would be OK to build the bigger house and you have made a HUGE investment!  Tell him that this is a precedent set by other CV zoning decisions and it would be unfair and arbitrary and capricious to single you out now!!!

e.  If your house is not finished continue to build like hell on it no matter what!

f. If it is finished, just sit back and chill...not much is likely to happen.  But have your lawyer on speed dial just in case!!!!

Maybe BP could do the same thing with their 500 ft. wind turbines.  Those wind turbine setbacks aren't really literal.  Of course if they do this they might want to hedge their bet and take a few NYPSC regulators on an all paid golf junket first like National Grid does!!!!

Planning Board Member Bob Brown's Lecture On Special Use Permits

During last Wed night's  Cape Vincent planning board (PB) meeting Mr. Brown who is the vice chair of the PB gave an explanation of special use permits.  I wasn't aware the planning board was now taking agenda time to give educational lectures on zoning!

I am guessing this was a direct reaction to the fact that the PB was reviewing the Alexander solar project under the new zoning as if the PB owned the process and didn't bring the ZBA into the loop on  a special use permit was needed for this Alexander's solar project and the Zoning Board of Appeals (ZBA) has original jurisdiction powers over special use permits and approves or denies them.  They were read to move ahead anyway!   This "lecture in my opinion is just another move to smooth over a zoning goof up by the planning board and zoning enforcement officer.  And actually it didn't turn out that well.  I appreciate Mr. Cullen's honesty.

And if you don't believe me, read our new law under special use permits and who has jurisdiction to approve or deny those permits...it ain't the planning board. The PB can advise them, do the site pan review of the project  but the ZBA has final control over the approval of the special use permit  The ZBA can request advice from the planning board etc.

Here is the section from our new zoning on the ZBA and special use permits.

Now you must understand before we start getting distracted on SU permits, that under our new zoning as they started to apply it and discuss it  to this project actually would not allow Alexander's solar project at all. And it is important to understand that they had a detailed discussion on this as it would apply to the new law, for almost 20 min.

  How come that was never  explained to Mr. Alexander in what the PB and Mr. Brown are now dismissing as just a  "pre conference" on this project.   Seems to me that is a rather critical point.  Why discuss the project for 20 minutes as if you are going to entertain the project for site review, and all parties  including Alexander agree it will be by the new law, when in fact the project isn't even allowed b the new law?????  In that case forget SU permits...it is just a side issue in the goofed up process!

Now even if  it was  shifted to residential solar and some technicality  goofing around was done with the solar arrays and it was allowed, it STILL would need a special use permit from the ZBA and the ZBA has never seen this project.  In fact this was the case several days after the fact when I had a conversation at the town offices with Mr. Macsherry.  He was still applying the NEW law AND telling  me how Alexander could make his project technically legal under the new law by screwing with the array and property sq. footage requirements if he just separated the panel arrays by an inch.  He had the new law in front of us and was point at it.  The new law. A it was a nosense explanation he was trying to pass off!

So thes project is illegal under the new law and one critical question is did it ever get to the ZBA for review and a special use permit as it should  have? 

NOPE!!!

Two officers admit  and the ZBA minutes show it NEVER was brought before the ZBA as was proper!!!

 If you look at the Steve Weed video you will see my discussion about this with the PB.  Notice what Mr. Cullen says.  He admits a couple times early on this project should have initially gone to the ZBA.  When I ask Mr. Brown if I had  a project that required a SU permit, where should it go, and he says initially to the ZBA.  But it never came before the ZBA.

Now back to Mr. Brown's lecture where he got some important things WRONG!

He and Mr. Cullen were claiming that the ZBA only has two powers it is restricted to, and implied that was the case in our new zoning.

1. The power to hear appeals on zoning issues, and interpret the zoning law.

2.  And the power to grant use and area variances.

You can see this happen if you watch the 7/10/13 PB video discussion.

I told them that was wrong.  That according to NY zoning statutes the ZBA can also be granted what is called "original jurisdiction" to approve and deny special use permits. But they can only get that power if the zoning law adopted by the town board grants them that power.  Look at the CV  law page I posted above and you can see that is the case in our new zoning.

And what is so ironic is that Brown  was the chairman of the zoning committee that actually granted the ZBA that power!!!  GO FIGURE!!!

Here is what a training paper from the NY Dept of State says on this issue. Underlining emphasis is mine.

"Where a zoning ordinance or local law gives a zoning board of appeals powers that are in addition to its appellate powers, the additional powers are referred to as "original jurisdiction." Matters involving original jurisdiction may be granted to a zoning board of appeals by the zoning law or ordinance, but do not have to be. Examples of original jurisdiction include the power to grant special use permits and the power to approve site plans. There is nothing in the statutes that specifically provides for these powers to be exercised by zoning boards of appeals. If they are given to such boards it will be because the municipal zoning ordinance or local law so provides."

Mr. Brown and the CV zoning committee and the zoning lawyer and the town board gave this additional power of special use permits to our ZBA IN OUR ZOING LAW!!!

Now to the bottom line here.

The PB says when they talked to Alexander about his project, oh  it was just a pre conference to get the facts and explore the project and then after exploring it in some detail they decided it was actually applied under the old law and the ZEO could just renew the project so they cancelled the site review public hearing.

But conveniently here is what they don't want you to know.  Mrs. Grogan a neighbor and myself and another person started to research the issue and complained to Mr. Macsherry that the project as they discussed for 20 minutes, and all parties  agreed it would go under the NEW law was illegal in the RF Dist under the new law!!!  Keeping in mind this project also had changes to it and was granted illegally under the old law.

It was only THEN after a series or serious errors that the scramble to somehow make it legal by the PB started to cover their mis-steps.  They want you to think it was all their doing. That they caught the issues and straightened them out.  Not so.  That is verified by the fact that after we notified Macsherry of the errors several days later I talked to him  and he was still trying to find a way to scramble to make the project legal under the new law, and was on his way to talk to Alexander about how to do that.  I will talk about that in another post.

And here is the other thing that tells me this was an after the fact scramble.  After this so called pre conference that was just informational, and they  were going to explore this in more detail and even with the town lawyer and spend all the time they claim...why would you schedule a public hearing right  then?????  Why not get those facts first to see if a public hearing was justified at all? 

Why,  because the PB was ready to move ahead with this permit in the new law WITHOUT further analysis, and WITHOUT the ZBA in  the loop as required UNTIL we called them on it and showed them it was illegal.  In fact if you were so confident to schedule a public hearing, and everything was OK then why later AFTER the fact do you drag in the town lawyer?  Why...because they need egal advice after a scewup...that is why!!! 

  Seems you would want the lawyer to look at it BEFORE you scheduled a public hearing.  Keep in mind on public hearings they are for the public to object.  Most times it is a formality and the PB has mostly made up it's mind, and if there are no serious objections they approve it.

You go back and look at the Steve Weed PB 7/10/13 video starting at 32 minutes.  This board was nearly fully in approval of the project already and under the new law. Everybody was in agreement and happy, even Alexander. 

So much so that Macsherry scheduled a public hearing.  They had what they thought was all the info they needed to move ahead, even though the ZBA had not even seen this project.  If we had not objected I would bet this project would have moved right ahead under the new law and been approved even though it was illegal under the new law and they never caught that fact  Ooooops!!!

Then and only then the scramble began...including the town lawyer to somehow rectify a screw up.  And the only thing they could come up with was to cram it back under the old law and hope no one would notice and the whole mess would just go away.

 I had a call and a discussion with Mr. Macsherry on this whole mess, but after a while he did not answer emails.

BUT...the problem is that doesn't solve their  problem either because the original permit was granted illegally because it was a  commercial project in the RF dist. that NEVER got the required site plan review by this planning board.  And they even admit on video it never had that review!   So if you grant an extension you are granting the extension of an already illegal permit!  And why at some point would you not give it a proper review???/

What a great and wise expert solution!  Not to mention this is once again the same parties in the Alexander, Alan Wood, Rich Edsall illegal wind turbine fiasco  and on the same properties...and now it may even be that the solar array (illegal) and the turbine (illegal) are going to be connected in the same renewable project.

What a mess, and Mrs. Grogan the same neighbor as before is caught in the middle, and once again gets  hammered by another CV zoning disaster!!!

I would bet she has had enough yet!!!

 There are two additional things I want to say.

1. The PB was very gracious to hear me out in the last PB meeting and foster a detailed debate.  I do appreciate that.  It would have never happened under the old Edsall planning board. That is refreshing and I give them a lot of credit for that.  Under the old board I  probably would have been arrested or the meeting shut down.

2. As many of you know I have had  many concerns on this blog about the town's  zeal to support solar, and concerns they really didn't understand the solar issue thoroughly.,  And here we are in a solar project permit mess!!!


There will be a lot more on this.  The next post will likely be how Mr. Macsherry attempts to make an illegal project legal with some strange technicalities with solar arrays.

Don't Take The Cape Vincent Zoning Law Literally? I'll bet BP Would Love That!

On the blog Pandora's Box of Rocks you can view a video of a discussion between CV Planning Board Chairman Dick Macsherry and myself over the permit granted to Mr. Alexander for a solar array in the River Dist.  The video may also be up on Steve Weed Productions soon.

Now I mean no disrespect to Mr. Macsherry...but this is a debate on important issues surrounding the interpretation of our new zoning.  This is not an attack on Dick Macsherry.

If you watch the video you will see me make a point that under the new law the solar array is too large and as such in table 8 which you can see here below a solar electric conversion  system (SECS) with over 100 sq. ft of array is not allowed in the RF Dist.  There is a X in the box indicating it would not be allowed.  That is really very straight forward as I assume the table was intended to be easy to read and interpret. 

Mr. Alexander has two arrays at 720 sq. ft. each. 10' x 72' each.

Mr. Macsherry responds by saying that what is important is the intend of the law as they wrote it on this issue, not the literal meaning. This is where I have a real problem.

He goes on to say the intent was to not necessarily not allow something, but in the case of this solar array to look at the circumstances of each case, and to try to keep it from visually disturbing anyone or blocking views of the river etc.  He makes the example by saying that in this case even though the literal table 8 shows this array would not be allowed, he then says he looked at it and didn't think since it was only 10 ft. high and in a slight bowl along 12E it would not bother anybody...although he does say maybe Mrs. Grogan a neighbor might have an issue with it. So why have this in the table at all if that is the case. Thismakes no sense to me.

Now here is the problem as I see it.  If we don't take our zoning law mostly literally especially  in places like table 8 that show what is and is not allowed then this law becomes pointless!  The implication here is that everything whether listed as not allowed or prohibited would actually mean...well maybe.  It would mean no real rules or regulations, we would just take a look at it and make a decision. At that decision could change from person to person and from this planning board to the next. That is why you have literal regulations so there is consistency and things don't get arbitrary and capricious.

In fact this exact point was made by a county planner way back in 2006 when CV started to grapple with wind  development and a  wind law and Edsall and Rienbeck wanted the siting of wind under site plan review and the planning board.  The county planner in a fax to the town said it was NOT a good idea, that there should be wind zoning regulations in place to be consistent over the years and with changing govt or boards. And to be consistent you would have to have literal zoning regulations.

   Or are we going to say basically every use not allowed is really not allowed, but up for site plan review or special use permit.  What this means is they should get rid of table 8 and just say there isn't anything really not allowed like the X's in certain boxes...we will just take a look at it and the  general intent and get back to you!  The scary thing is this power and rational could be concentrated in the hand of one officer the, the ZEO who grants the original permits.  If he doesn't follow the regulations literally he alone could start interpreting the supposed intent of the law and start allowing anything he preferred.

Now that is a dangerous zoning idea to me.

So let me give you an example. 

A commercial solar array as big as Alexander's is not allowed  according in the River Dist according to our law.  Or do we instead just take a look at it?  Well what about fracking in CV?   That is outright prohibited!  Or does our zoning by Mr. Macsherry's argument now mean well maybe??? Or in the opinion of the planning board if  it isn't too ugly or blocks somebody's view or too noisy it may be OK on a case by case basis even though the law says NO.????? How far do we take this not literal idea???

And what about the wind turbine exclusion zones in the new zoning that the town has indicated it will strictly defend before Art. X.  They appear real literal to me!   Are those not really literal either, just sort of an intent that has leeway?  Does 2 miles from the waterfront or 1.25 miles from schools just  mean it might be OK if BP comes and talks to us?  Do we take those sound regulations as literal or just kind of a general idea.  What's a few DBA's right?  I can't hear them!!! If I have bad hearing does this apply to me?

I hope you get the picture.

I really hope we are not going to defend our law in the Art. X process with this reasoning or the idea it was just an intent not really literal!!!  I'll bet a BP lawyer would  have field day with that!

This is why this issue with the Alexander solar project under our new law could be a real important test to see just how the people who wrote the law and will defend it and are really thinking and how the law gets applied and will stand up. It probes the thinking under pressure of the people who will defend it. That IS important.

Besides, the intent of what we want in our community is the job mainly of the comp plan...the zoning is what carries out the comp plan intent in specific laws and regulations.

That is why the State says the zoning must be in accordance with a comp plan.

This idea of not taking the law literally like Table 8 is a bit disturbing to me!

Table 8 should have an "M" added to it.... Forget that X...M= maybe!