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!!!