The Town Wants To Walk Away Scott Free!

Below is a link to the WDT article today on the Town of Cape Vincent  zoning mess.

http://www.watertowndailytimes.com/article/20130917/NEWS03/709179900

In the article you will see former CV planning board chairman Mr. Macsherry say this about settling this zoning mess.  Underlining is mine.

"Mr. MacSherry said the ZBA is taking a proactive approach to the issue and, even though Mrs. Grogan has not formally asked the board to review the matter, it is already doing so. He said he is also hopeful that Mrs. Grogan and Mr. Alexander can reach some kind of agreement, possibly involving the removal of the nonfunctioning wind turbine in exchange for the less-visible solar array.

“I would like to see a negotiated settlement between the parties that does not involve the town,” he said. “But in any event, we’re going to get right on this.”

Yeah I'll bet you would!!!  Now this is rather stunning to me.  I guess he and the town conveniently forget who created this zoning fiasco in the first place.  Oh that's right...that would be THE TOWN!!! Now they suddenly don't want anything to do with it...it's the aggrieved citizens problem to figure it out!  he is kidding right????

Yeah...I'll bet they would like nothing better than to walk away from responsibility and accountability on this mess and let the "parties" negotiate a solution and keep the Town who created this legal zoning sink hole out of it.  Wouldn't that be convenient!

But here is what is astounding to me.  What about the law????  Have we suddenly forgot about that?  We have heard the town say repeatedly they will not negotiate with BP on our zoning law.  They will defend it to the end come hell or high water.  Yet here they are suggesting the two parties in their zoning mess negotiate a solution outside the law and town control.  Even though we have a brand new zoning law, let's just give it to the property owners who are warring over a town screw up and let them decide how to read and administer our law.  Well actually maybe we should try that.  Maybe they would do better than the town did!

So basically we put the zoning law aside and let the parties figure out how they will administer the town's zoning by negotiating without the town involved????  So we are now going to leave zoning, and zoning enforcement up to the parties battling over a zoning issue???  This is brilliant.  Is Macsherry serious???  

Doesn't that basically make the entire zoning law POINTLESS?  Oh...and while we are at it, as long as the citizens are going to negotiate the zoning themselves, let's just get rid of the Zoning Board of Appeals who is the actual town board required BY LAW to handle these types of zoning messes.

So if I want to build a house in CV, and I violate the setbacks and my neighbor complains...then we keep the town out of it and enter into negotiations????

And with the turbine involved here... I'll bet Macsherry and the Town would LOVE for Mrs. Grogan and Mr. Alexander to reach an agreement to take down the turbine since the town has refused to enforce the zoning laws and take it down themselves even though the ZBA and the court said the turbine was illegal. One more way to skate away from accountability.

But think about this.  The solution suggested here is to negotiate to take down one illegal zoning fiasco, to allow another illegal zoning fiasco.  Great choice!!!  Not to mention Macsherry is implying one project is less offensive than the other and in case he has forgotten, that is not his call.  It's not about one being less offensive or not.  It is about what the damn law says is ILLEGAL!!!

And all of this would take place OUTSIDE the zoning laws that have made BOTH projects ILLEGAL!!!

When Mr. Macsherry on video implied we shouldn't take our new zoning literally, I thought that took the cake.  But this suggested solution  tops it!

Now Mr. Macsherry says they will make this right. I truly hope they do and I will applaud the efforts if they actually do.  And Macsherry is off the mark when he says the ZBA is being "proactive" on the issue and Mrs. Grogan has made no formal appeal. 

Actually efforts have started to make it right by Mrs. Grogan and one other citizen trying to start an appeal on this issue before the CV Zoning Board of Appeals. One citizen was told they didn't have standing to start an appeal.  Contrary to what Macsherry claims  Mrs Grogan actually HAS taken action to start an appeal with a formal letter  requesting such several weeks ago.  But that was not good enough, she needed a form and it has taken  nearly 3 weeks for the town to find the right form to even consider an appeal.  On behalf of Mrs. Grogan I was given two forms...neither of which was the correct form!  Finally a few days before the time is up, Mr. Hirschey personally emailed the correct form to Mrs. Grogan.

When Mrs. Grogan asked the Zoning Board of Appeals chairman  over a month ago how to start an appeal, he said he was not sure and told her he didn't think she could win it anyhow, that Alexander had been granted a "legal" permit. Is this what Macsherry is calling the ZBA being "proactive"?  Proactive for who????

 So I have real reservations as to what their idea of  actually making it right is!!

We shall see!

So hopefully the proper appeal and decision will take place and one way or the other the town is going to have to be accountable.

And as to the decision.  The only decision that is credible is to follow the LAW and for the turbine to be removed and the solar array project stopped since it is not allowed as planned in the River Front Dist.