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!