Two Important Articles In The Watertown Daily Times Today

Cape Vincent Town Supervisor Hirschey's illegal solar project:

http://www.watertowndailytimes.com/article/20131029/NEWS03/710299806


BP tells NYPSC they will be selling off Cape Vincent Wind by the end of the year.

So once again we get passed around to another wind developer like our community is nothing more than a cheap whore! 

http://www.watertowndailytimes.com/article/20131029/NEWS03/710299850

Councilman Schneider Moves Out Of Cape Vincent For "Personal Reasons" - Temporarily - But Don't Lose Focus On The Bigger Issue Schneider And His "Judgment" Are Attached To!

There is an article in the Watertown Daily Times about Cape Vincent Councilman Clif Schneider temporarily moving to Sackets due to “personal matters”.   Here is the link below.

http://www.watertowndailytimes.com/article/20131025/NEWS09/710259741 

This comment was also on the Pandora blog.

 Anonymous said...

One could ponder....why is this article in the online paper edition only?

Maybe it was not "newsworthy" to the print edition?

Maybe Jae Lee was "encouraged" to write it by some/all of those quoted?  

We will never know....but most can make

 a good guess - it is just politics in action! Not worthy of much more thought to me.

So is it newsworthy for the larger NNY readership?  Probably not.  But is it newsworthy for Cape Vincent?  Yup..and it has other real attached implications.  

Legal or not ,when a local councilman moves out of our town, or is involved in personal matters that might impact his judgment and that of others in town govt. that is a matter the CV public should be aware of.  Apparently according to the town attorney it is legal as long as it is temporary.   It is news when the councilman is one of the key architects of the town’s zoning laws, and also the supposed rock solid defense Art. X defense against BP which is the biggest issue this town may ever face.  An approach in my view that is coming apart at the seams!!!

Knowing both Mr. Schneider and Mr. Hirschey personally over the years of the CV wind battle, you might say that this particular councilman is the town  supervisors “brain” on the matter! And you can bet that most of the other town councilpersons are not really in that "loop"!

But don’t get bogged down and lose focus over Schneider’s  “personal issues” even though they are interesting in their relationship to town govt….instead  let’s look at the bigger picture on this matter.  The Art. X Committee that is supposed to be the "zoning geniuses" including Schneider, protecting our town from BP.

Rick Wiley on his blog JLL likes to strut around telling everyone how wonderful  the CV Art X committee is, upon which Councilman Schneider is a key central figure and how even other towns should be looking to us for guidance on the matter…really????

Actually Wiley should be embarrassed!

Well what do ya say we look at the “zoning geniuses” that make up the CV Art. X committee .  Here are the CV Art X committee members.

Urban Hirschey – Town Supervisor

Mr. Hirschey is up to his eyeballs in a solar zoning fiasco having put up a illegal solar project, because he did not read the zoning law he wrote.  Then he took his solar project down and it is in limbo.  The CV  Zoning Enforcement Officer he voted to appoint, and who at one time built a house without a permit,  gave him an illegal improper permit for the solar project.  It looks like the CV Zoning Board of Appeals will give Hirschey a variance that will allow his project, but the only way they can do that is by ignoring a part of our new existing zoning  law!!! And two other people on that ZBA are Ed Hludzenski and Dennis Faulknham are also on the Art. X committee…how cozy!  

Clif Schneider – CV Councilman

Moves out of town embroiled in  “personal matters.”  Personal  matters that may have a direct impact on the moral and effectiveness of the Art X committee.    Other persons on this committee also have distracting “personal matters” as well.   Clif was one of the big promoters of solar in the zoning law.  Now come to find out that the town is claiming the solar zoning is not consistent and is confusing because it was rushed in a frantic panic  to appease the State and Art. X.  And now this solar zoning has created a huge embarrassing  zoning fiasco that involved serious violations of one CV citizens rights, and now involves the town supervisor Mr. Hirschey.

Geeee ... How we doing so far?

Bob Brown – CV Planning Board

Another architect of the zoning law also caught up in the solar zoning fiasco.  Apparently wrote a law he can’t read or apply correctly.  If I had not intervened on the solar issue it is very likely in my opinion that he along with Dick Macsherry of the PB would have approved an illegal solar project.  On video of the planning board on 7/10/13 you can see Brown  flipping through both old and new zoning laws as he attempts to “educate”  the solar applicant on the regulations for solar zoning…yet he fails to see table 8 that clearly shows this solar project would be illegal as proposed!  He also as part of a bogus explanation to justify the actions of the planning board gives a “lecture” on special use permits that he and his planning board get partially wrong according to state zoning regulations.  Also very likely in my opinion he knew of Hirschey’s improper solar project.

Dick Macsherry – Planning Board

Also helped write the new CV zoning but apparently doesn’t understand it and table 8 in the law that clearly makes the proposed  Alexander solar project illegal. He even went so far as to set a public hearing on an illegal solar use.  Then in a scramble to justify the actions of the town on this solar fiasco  implies we should not take our law so “literally”.  Now consider that our only protections in the CV zoning regulations on wind development ,like setbacks, we have that stand between us and BP and the future of our community would be USELESS if not applied “literally”.  Mr. Macsherry also suggests we should not second guess the judgment of our zoning enforcement officer even though he has badly screwed up two solar project permits…one belonging to the town supervisor!!!   Seriously????  All of this which badly aggrieved a fellow CV citizen.  And apparently Dick would like to scrutinized certain people emails surrounding this solar zoning fiasco...yeah that sounds like a brilliant idea.  Of course it is not surprising since he defended Rienbeck trying to illegally throw out John Byrne who was legally using a camera to record old town board and planning board meetings.  I'm so glad Mr. Macsherry who is a key figure in our zoning process has such a solid grasp on Constitutional free speech  issues! Same guy who was once previously running for town council shoulder to shoulder with the Rienbeck candidates.

Dennis Faulknham – ZBA

When Mary Grogan challenged the Alexander solar project she asked Faulknham about an appeal before his board.  He wasn’t sure how to start it, and told her it was a legally issued permit and she probably could not win anyhow.  Geee..it appears Mr. Faulknham’s  mind was  real objective and unbiased , since he should have been neutral until he actually heard the appeal!!!   I wonder if the fact that the town supervisor had an illegal solar project up had any influence on that?  And that it went up when Faulknham’s ZBA should have been intimately involved in the permit but never was.  Then it took three weeks for the ZBA to find the right form for Mrs. Grogan to fill out.

Then in  the appeal hearing on video  Faulknham says the actions of the town to approve the illegal solar permit would not have been what he would have done and it would not hold up in court…but votes to approve the permit anyhow.  Also his board became involved in the solar permit fiasco scramble and sanitization PRIOR to the appeal, which is totally improper, even by state statutes.  How do you fairly hear an appeal when you have actually been involved in the process that screwed up the permit under appeal!!! Now that is a real winner!!!  Then Faulknham in considering the town supervisors variance on his illegal solar project basically says they will just ignore a part of the law they think is confusing, and if people don’t like it then they can sue.  Great logic!!!  So does this mean we throw one CV citizen under the bus on one illegal solar zoning fiasco, but will ignore the law for the supervisor’s illegal solar project???? Maybe that is not the intent but it sure doesn’t smell good or look good.

Ed Hludzenski  - ZBA

In the appeal on the solar fiasco permit Mr. Hludzenski  on video admits it was wrong, even says there will be consequences down the road and the town’s actions are indefensible, yet votes to approve the permits anyhow!

And virtually all the person above on the Art.X committee make the excuse to allow the solar fiasco permit because they claim the applicant has a significant investment in the project.  He is “vested” and should be able to put it up, even though it is illegal and the permits all screwed up…the entire process was screwed up.  Yet when asked if there are any receipts that would actually PROVE what the applicants investment really is…they can’t produce any, and the applicant was never asked for any.

They are simply taking the word of a couple zoning officers who don’t have a clue about solar equipment and are just taking the word of the applicant…keeping in mind that the same people are the ones who wrote  what they are now claiming is a screwed  up solar  portion of our zoning, and badly mis-applied our new zoning on this solar fiasco!  So we will just take THEIR word!!!

Yup that ought to do it…we don’t want to get all bogged down in actual receipts or PROOF.  Especially since the town supervisor has an illegal solar project under consideration!!!

And there ladies and gentlemen are the "zoning geniuses" of our Cape Vincent Art. X Committee that the entire fate of our community hangs on their judgment!!!! 

These are the “zoning experts” Wiley at JLL is suggesting other communities should be using as a shining example!!! These are the people that hired an expensive lawyer to help write a brand new zoning law apparently they can’t read or apply correctly...

... right down to the supervisor’s permit!

Doesn’t exactly leave me brimming with confidence.  But as the Hirschey candidate campaign slogan says...

"Let's Keep The Progress Going!!!"

Another election with "great" choices!

 

 

 

Cape Vincent Town Councilman Clif Schneider Temporarily Living Out Of Town

Here is the link to the story in the Watertown Daily Times.

http://www.watertowndailytimes.com/article/20131025/NEWS09/710259741

I Hope You Get Out At Night And Enjoy The October Harvest Moon

I am an amateur astronomer and I have always been a night person.  I think a lot of people miss a lot of beauty by not venturing out at night to watch the sky or go out on the river.

I hope you have been enjoying the Oct. moon between bouts of rain.


                                  Geese on the water in the October moonlight.

Fall Tree

It Was A Terrible Terrible Thing That Entered Our Community

I don't care if you are on the anti-wind side or pro-wind side, or still on the fence on this issue.  There are no winners and it was a terrible thing that entered our community.

Why do we keep tolerating it and letting BP or anyone else string us along with the help of the State.  Art. X is simply a deal with the devil!!!

Speaking To The Cape Vincent Town Board Thurs. Night

I spoke at the CV town board meeting on the Alexander solar permit fiasco created by the town "zoning experts" which now involves our town supervisor Mr. Hirschey.

I'm not going to repeat it here but if you are interested it should be up on Steve Weed video in a day or two. Look under government and Cape Vincent.

http://www.steveweedproductions.com/

I hope you will review it.

Art Pundt

Did Somebody Actually Say There Was Nothing Beautiful To See In Cape Vincent?????

Enjoy Fall!!!

                     OK... I admit it....this one was taken in Henderson, NY!
        

BEWARE !! - Halloween Ghosts Have Arrived Early In Cape Vincent!!!

I am hoping they are the ghosts of BP and Richard Chandler PAST!!!

 

 

At The Same Time Of The Alexander Illegal Solar Project, Records Show The Cape Vincent Town Supervisor Mr. Urban Hirschey Also Had An Illegal Solar Project Up And Running.

You can also read the report in the Watertown Daily Times at this link:

http://www.watertowndailytimes.com/article/20131016/NEWS03/710169855

I had this post ready to go for a while  but decided to wait and see if the WDT was going to cover it. Thanks to Jae at the WDT for a good article.  However, the Times only has so much time and space, so here is the rest of the story.

Yup…it’s true.  At the same time of the Alexander solar zoning mess where a neighbor Mrs. Grogan got thrown under the zoning bus as an aggrieved party, Mr. Hirschey, the Cape Vincent Town Supervisor also had a similar illegal solar project up and running.  Although he did the right thing and took it down…for now!

And let me make it real clear...Mr. Hirschey IS NOT trying to hide this fact.  He on his own actually volunteered the information to me and then I FOILED town records. He is trying to do the right thing, but it appears he got caught sideways in a run amuck zoning crisis created by his very own  "zoning experts". 

However, that being said he is not completely blameless.  He can not simply skate free of all of this.  As town supervisor he still has a responsibility to continue to do the right thing, not just for his own personal solar project but for the integrity of our CV zoning law and process, and straighten out a complete zoning fiasco that appears to have over whelmed him. 

 Lest we not forget that another CV citizen was seriously hurt by a process he himself is now involved in under a law he promoted and approved. He can NOT just get his project approved and simply move on. I wish he would do the right thing for Mary Grogan too.  He has had 4 years to do that but has not so far.

Mr. Hirschey now has some very tough choices, and I hope he takes steps to clean up this mess and do the right thing.  First this seriously calls into question the competency of a number of his zoning officials. 

Here are the records on Hirschey's solar project from CV town files :

                                           Mr. Hirschey's original permit - 4/25/13.

But there is something really odd about the granting of this permit. Our law clearly shows that any residential ground mounted solar project should have a special use permit from the Zoning Board of Appeals.  The table is on page 12 of our new zoning law.  But our law makes his project illegal.  That after all that is why Mr. Hirschey took his project down.  But  if Hirschey and the ZBA are now trying to sell us that these big solar arrays are ok,  and residential, then  it needed a special use permit that it never got.  Then the ZBA can involve  the planning board to do a site plan review of the project as part of their SU permit approval. Apparently none of this ever happened.  Just like the original Alexander solar project also required a site plan review it didn't get either.

 I have looked through all the ZBA minutes for all of 2013.  Hirschey has NO application for a special use permit or approval of a special use permit from the ZBA.
NONE!!!  Why is that? 

Because ZEO Millington apparently just gave him a permit and said go ahead, no problem.  No matter which way you cut it or what excuse is applied that is a big violation of our zoning law.

No wonder Bob Brown of the planning board once caught up in this mess,  took it upon himself to do a little impromptu "educational session" (my ass)  during a PB meeting to try to explain away this whole special use permit fiasco.    And he didn't even get that right.

So how in the hell was the above  permit above ever granted?  Once again the rights of CV citizens were strangled by the town "zoning geniuses".  Apparently the new mode of operation of CV zoning!

  Official  verification the project was taken down.  But note the date of 10/10/13. My FOIL request was delivered only the day before, and I was given the records on 10/11/13.  I did request any records that showed the project had been take down. It looks like there weren't any and was a bit of scramble to have Millington actually produce a document that verified the project has been removed.  Probably not illegal...but real odd!

The above document is Mr. Hirschey now applying through the correct legal zoning process to the CV Zoning Board of Appeals for a variance since his project does not comply with the new CV zoning law.

But look at the top.  There is NO date or appeal number!  This is a legal document.  When I got it, it took some time to figure out when this was applied for.  Same as the Alexander permits...lots of things incomplete or missing.  Geeee... see a pattern here? Actually I think this makes this application invalid. 

No problem, according to ZBA member Joe Martin.  He says they aren't perfect, and so what if important legal documents are missing important information...you know... LIKE DATES!!! Last year, this year, ten years ago...no big deal!  I guess we are supposed to get a psychic to figure out the missing information.

In regards to the Alexander solar zoning and permit fiasco created by the town something began to really bother me.  It appeared instead of just admitting the mistake, correcting it and moving on,  the town zoning experts seemed to be going to extreme lengths to rationalize, justify, and sanitize an obviously screwed up process.  A process even they admit was wrong.  And each time they opened their mouths trying to justify what they had done it just made it worse.   Made me wonder what was going on. This was bizarre behavior for intelligent people!

I don’t like it when I am investigating something and  2+2 keeps coming up 5 … not 4.  It makes my antenna go up!

So I was viewing the video of the last part of the Cape Vincent  Zoning Board of appeals meeting where we tried to convince them to do the right thing and overturn the screwed up permits granted for this solar fiasco.  They refused, but that would be after  nearly all of them freely admitted it was done wrong, yet they STILL approved the permits in question.  I left the meeting in disgust and missed the last part.  But I got a quiet tip that I should view the video of what I missed.

Here is a link to Steve Weed video.

http://www.steveweedproductions.com/

One other thing is odd here.  Apparently according to some ZBA members, until now and on this issue NO video has ever  been done of ZBA meetings.  So why now????   Makes you wonder doesn’t it??? More oddities in the process.

Well I did view the video, and lo and behold they  are discussing a request  for a variance on a  permit for a solar project for the Town Supervisor Mr. Hirschey.

WHAT????  

The hearing on a  variance on Mr. Hirschey’s project will be at their Nov 4^th ZBA meeting.

But wait a minute… a variance request sometimes comes  AFTER a permit has been denied and you want to appeal that decision.  Hhhmmm…So I decided to FOIL ALL town zoning records regarding Mr. Hirschey’s solar project.

The records you see above verify that Mr. Hirschey had been granted a permit for his solar project  in April of 2013 under the NEW law. There were no excuses here that he had a permit from the old law like the goofy justifications of the Alexander project.  Then he took it down.  But why would  he take it down?  Because he recognized via the Alexander solar fiasco I had uncovered that his project was illegal.

So…where I thought we were dealing with one illegal solar project, we actually had two, and one belonged to the town supervisor.  YIKES!!!  AND when I notified Mr. Macsherry of the planning board that there was a problem with the Alexander permit they were about to approve, and that created the current controversy, apparently Mr. Hirschey actually dismantled his solar project and took it down.  Good for Urban...it was the right thing to do, and he showed far far better judgment than his "zoning experts" on the Alexander project. But now Hirschey has a big problem.

This whole thing will probably be costly to him as well to put up a project, take it down, and then possibly put it up again.  Too bad he couldn’t get his other "zoning experts" to do the right thing instead of throwing another CV citizen under the bus over the Alexander solar issue.  Even though they admit it was WRONG!

So in my opinion  the question becomes, were the CV zoning experts in severe spin and justification mode on the Alexander solar fiasco because they  KNEW (and they damn well DID know) Mr. Hirschey the town supervisor had an illegal solar project up and running as  well???  Actually I am not accusing them of doing that, but the sad part is that is the way it comes off.  Based on all the irrational behavior of the CV zoning officials on this issue it just doesn’t look good or pass the sniff test when you find out the supervisor also had an illegal project up at the same time and they (and other own officers) knew it!    And as with any political controversy they should have just come clean right up front and that would diffuse the problem.  But that is not what they did. 

And if you look at the ZBA video 10/7/13 it now appears they are willing to ignore a part of the law they consider confusing and apply the part they like to the Hirschey project.  They can not legally do that. Not to mention it makes this mess look worse for Hirschey and them.   If they think the law is messed up they have an obligation to notify the town board to amend the law.  They can’t just cherry pick the parts they want which would probably create more law suits.  And it is worse when it appears if they  are going to cherry pick the law on behalf of the supervisor’s project, when they just admitted the other solar project permits were wrong but threw another citizen who was complaining under the bus anyhow.

What a mess!!!

If the town board does choose  re-write the law, then Mr. Hirschey would definitely have to recuse himself from any discussion or voting on the revision.

 Now Mr. Hirschey is going through the proper legal zoning process to try to rectify his dilemma.  However, as  I said in a previous post…the real answer here is for Hirschey to call for a temporary moratorium on solar until they can re-write  the law if they think it is confusing. 

In addition I give him credit that actually before I did my digging into his permits, he actually told me personally what had happened with his project.  He was campaigning in my neighborhood, and came by my house.  We discussed the Alexander solar project and he told me about his project and that he took it down until the issue is resolved.

Now I am not writing this without having talked to Mr. Hirschey.  I have had several friendly conversations with him on the issue and I believe he has been forthcoming as best he can.  I have also offered him my blog to say anything he would like to explain what happened, not only on his project but on this whole zoning fiasco under his leadership and under the people he appointed.  It is the old "The Buck Stops Here Thing!" And his desk is definitely where the Buck stops in CV town govt!

In my opinion it appears his zoning geniuses on the planning board and zoning board of appeals, and particularly Mr. Millington the new CV  Zoning Enforcement Officer  have created a real severe political headache for Mr. Hirschey. They have him caught crosswise in a real zoning/political mess.   But let’s see what happens next.

He and the town board appointed the people who administer the law…and in my opinion on this issue they badly failed that responsibility, and a review should be done of their appointments and behavior, and training.

And don’t forget that Hirschey and his candidates and his supporters and blogs have been telling us over and over and over  how lucky we are to have these “zoning experts” and this  law they created with an expensive attorney is THE answer to the BIG wind issue and defeating BP and against Art X.  Yet the very process that they claim was supposed to protect us came completely apart when even a little pressure was applied to it. Not good... so we better hope BP just walks away clean!

Now we will see how Hirschey handles the rest of this mess.  This is not over yet.  And I will have more on it.   And also let’s not forget that what makes this worse is that one CV citizen Mrs. Mary Grogan was badly aggrieved over this, to which the town supervisor is now attached.  

Basically some heads need to roll! 

And Mrs Grogan had repeatedly begged Mr. Hirschey to do something about the other CV zoning mess…Alexander’s illegal private and dangerous wind turbine that looms over her house.  Yet after 4 years Hirschey and his “zoning experts” have done virtually NOTHNG about that!

I hope Mr. Hirschey will use my blog to explain his side of all of this.  The community needs to hear from it’s leader.  He emailed me last night wanting to know the address of my blog, and he has been invited by me to tell the whole story here. I assured him I will post what he says verbatim as long as it addresses the issue and is not a campaign promotion.  I also told him we need an immediate solar moratorium to clean up the zoning law if they think there are problems with it.

Stay tuned here because the other blogs aren't going to say a word about this. One of the most important issues to date, involving a major zoning crisis over our new zoning, with major implications and they are SILENT!!!

And who else in the Hirschey govt.  knew about this and joined the "faithful" and kept silent????? 

 

 

Fall Color In The Village Of Cape Vincent

Some Members Of The Cape Vincent Zoning Board of Appeals Have An Odd Idea of What Their Responsibilities Are.

At the last Cape Vincent ZBA meeting they reviewed the permits on the Alexander solar project fiasco the town managed to create.   They are charged as a board of appeals to ultimately decide whether the permits were valid and to let them stand or not based on FACTS. They didn't even come close.

Of course there was discussion back and forth and that was pretty interesting.  The final decision is quite simple and you can see it come out in their rationalizations.  Basically it seemed in their minds...do we go with the well to do trailer park owner who could really sue us, or do we go with the widow and her concerns, who due to her economic status may not sue us!  A woman who has a modest home and has already been seriously aggrieved by the CV zoning officials.

If you want to see how they made there decisions you can go to Steve Weed video of the 10/7/13 ZBA meeting.  It really is bizarre!

http://www.steveweedproductions.com/

But let's analyze their statements here against actual State laws.

Everyone is  referring to the actions of the former CV Zoning Enforcement Officer (ZEO) Ed Bender who granted the original Alexander solar permit, that even they admit was inappropriately granted. 

First ZBA member Joe Martin

"I'm not here to second guess other people"    (He is referring directly  to the ZEO's decision to grant the illegal permit.

Really Mr. Martin?...maybe you and your ZBA should should read the State training manual about the ZBA powers and responsibilities!  Here is what it says...

"Rather, the board of appeals must conduct a “de novo review”; that is, it must review all of the facts which formed the basis of the officer’s decision, and must decide the case as though it were the zoning officer."!!!

Here is what a legal dictionary says about "de novo":

"Definition from Nolo’s Plain-English Law Dictionary

(day-noh-voh) Latin for "anew," meaning to do something over again as if for the first time."

 

In other words the ZBA (pay attention Mr. Martin) WAS supposed to look at this permit as if they were the first ones to see it and rule on it. In other words basically second guess it!!!

 

Here are several comments in the meeting by the ZBA chair Dennis Faulknham regarding the screwed up permits and the ZEO's actions...

" I personally thought he was wrong"

"I was pretty clear it was commercial"

" I would have questioned Ed why he didn't put it in as  commercial"

Referring to Mr. Millington our current zoning officer...

"Our zoning officer made a mistake"

Yet according to his job responsibility he does nothing to correct the problem!

Then we have the comments of ZBA member Ed Hludenzski...the husband of K who administers the Pandora blog in CV.

Talking about how the permit was originally issued:

"I don't like it but, we would have to deny the complaint."

Then look at his comments below and this is really a winner!!!...  How many ways can he say we were wrong and the permit and ZEO's decision was  badly screwed up...but STILL not correct the errors as they have the power to do!!! It is about MONEY, not carrying out the zoning correctly, pure and simple.

"Based on the circumstances, the  errors that were made, the consequences that could come down the line, (in other words we are going to get our ass sued because this is so screwed up!) the indefensibilities of some of our actions that the permit be ruled valid...or validly given."

Then back to Joe Martin...

"He seconds the motion clarifying..."that the permits stands as issued with the errors."

Remember now what State law says...By law each one of these officers is supposed to
look at this as if they are judging the permit as if they are the original ZEO reviewing it or not for the first time.   Yet they all see the clear ZEO errors and admit to them numerous times even saying it is indefensible, won't hold up in court and the ZEO was WRONG...yet except for ZBA member Hester Chase who is not in cover your ass mode...they all vote to uphold badly screwed up permits anyhow! 

So this is it.  They are actually taking the role of the ZEO...yet they would grant it anyhow???? This is how we do zoning!!!

It is fu*^$!#  unbelievable!!! 

In my opinion it is pretty obvious they did not do their job to protect the CV citizen's health, safety and welfare through our zoning laws.  Apparently they don't even understand it, and worse they did not do their job according to State statutes.

Remember that the state says they must do a "de novo review"

"(day-noh-voh) Latin for "anew," meaning to do something over again as if for the first time."

Martin doesn't even get it that he IS supposed to second guess the ZEO...that is his JOB!!!

Of course then you have planning board chairman Dick Macsherry speaking saying he thinks it is inappropriate that I have been "second guessing the permits and the ZEO's!

Well, Jesus Dick, somebody has too. You and the ZBA are certainly not going to do it.

So I guess it leaves it up to citizens to take up the slack when the zoning experts in my opinion simply refuse to carry out their responsibilities  according to state law!

So what do we do about this. The town board can not reverse the ZBA decision. It's done. But  I think at a minimum the town  board should  require a review to see if these officers, the ZEO,  and our planning board are doing there jobs correctly according to State and our zoning laws. They need more training!

Their actions on this entire solar zoning fiasco is highly questionable!
 

 

 

 

 

 

 

 

 

 

Call For A Temporary Solar Zoning Moratorium

A number of our Cape Vincent town zoning officials, as well as the supervisor have now recognized there is a significant contradiction in our new zoning regarding the siting of solar energy projects. This is pretty much what precipitated the Alexander solar zoning fiasco.   Surprise, surprise! 

I think that was my point when they were drafting the law that in a rush to create a new zoning law in fear of the State's Art X laws we were going to get into trouble suddenly falling in love with solar with no real research or examination to back it up.  And here we are!!!

So what do we do about this?

Well some members of the CV Zoning Board of Appeal think essentially we can just ignore one conflicting part of the law and move forward case by case and if somebody doesn't like it they can sue the ZBA decision.  Yeah, that is a great solution!  Let's just take a confusing contradictory law and arbitrarily keep applying it...including for the town supervisor mind you...who apparently got caught crosswise himself in this mess.
(More on that later)

The faulty reasoning of some on the ZBA is that there is going to be a re-write of the law anyhow in the future so in the mean time just ignore the part we don't like and keep applying it anyhow.

Yup...Great  and reckless idea...let's just keep racking up more law suits for the town tax payers!!!

I think now the necessary and responsible thing to do to straighten out this solar zoning mess is for  the town supervisor and his board to immediately call a special meeting of the town board and call for a temporary moratorium on all solar siting in the town until they rectify a confusing and contradictory zoning law that could create more serious costly legal issues.

I am not against personal solar projects.  I even think after examining this issue that maybe our law is a bit restrictive in places on the solar issue and needs changes. But a lot more study needs to be done...and not under some irrational fear of appeasement of Art. X.   But you certainly don't just rectify the situation by letting an out of control ZBA and planning board suck you into a legal black hole by overstepping their authority with faulty opinions on what they admit is a faulty law!!!

Besides...with the solar zoning mess already created on the Alexander project, and a faulty law, and the fact that the supervisor is now applying for a variance that would allow him a project...where he already got caught crosswise by his very own zoning "experts" ...the best thing he could do to save his own political skin and do the right thing is once and for all take control of his run amuck zoning officials, and take it out of their hands by calling  for a solar zoning moratorium till the mess can be properly fixed.  Which can ONLY be fixed by the power of the town board...not the ZBA by ignoring the law!

For God's sake Urban if you aren't going to take control over Art X. at least take control over your own run amuck zoning process which is supposed to defend us against BP.

And finally I would suggest Mr. Hirschey and the town board and the ZBA stop listening to Mr. Brown and Macsherry for a while from the planning board on this issue.  Isn't it ironic that when I sent lots of zoning information to Brown when he directed the new zoning law committee he outright REFUSED to look at it. Oh...he didn't like me from what I had said about town officials and his zoning process.  Well  BOOOO  HOOOO!!! Call 911!

Well...guess who ends up right in the heart of this solar zoning fiasco and a faulty new zoning law on that issue...THAT THEY WROTE!.

Yup...you got it...Mr. Brown and Mr. Macsherry!  Go Figure!!!

Watertown Daily Times Labels NYS Gov. Andrew Cuomo a "Bully" Over His Strangle Hold on Public Infomation

Thank you WDT.  Although admittedly that is a really edgy statement for the Times.

 Here is the quote from the Times it's readers.

"But I thought you ought to know what a bully your governor has become."

You can see the whole opinion piece at this link.

http://www.watertowndailytimes.com/article/20131013/OPINION04/710139850

However, they are spot on, on Cuomo, and it extends to other issues.  His same bullying extends to the NY Safe Act... and his 2011 Power NY Act that removed NY communities home rule rights on land use issues involving electric energy siting.

Both pieces of legislation were pass under dubious legislative circumstances.  How exactly does he exert such control over NY legislators?  Does he have a file full of dirt on all off them?

Now if you follow this blog you know that I have been hammering Cuomo and the NY legislators and our town officials that have sucked up to the "bully" on both sides of the isle on the Art. X legislation that has shackled NY communities  by removing home rule and  siting through local zoning laws on electric generating facilities including Cuomo's favorite renewables like industrial wind power.

Such is the case right here in CV with BP using Cuomo's Art X system to circumvent our zoning to site an  absurdly invasive wind farm in CV so close to the treasured 1000 Islands that would also destroy our community.

I have been hammering on the point that in Cape Vincent and  as NNY communities we should not be enabling and validating this bully governor and his behavior.  Seems as though, although it be in another area, the WDT is also finally understanding the point as the bullying invades their turf...access to information!!!!  

But there is a bigger picture of bullying NNY wind threatened communities as well.

Our CV officials have gone so far as to even call Cuomo's Art. X system fair and impartial and even handed and balanced.  The primary reason bullies get away with their  behavior is because we enable them to do so, and that is what Cape Vincent and other local towns are doing by playing in fear of his Art X game while their citizens are bullied into the removal of their rights.  They try to appease this governor and his bully system and I have been trying to get them to see it is just plain wrong to not radically stand up and politically oppose this bullying!

Bottom line we should not be rushing and scrambling to write wind zoning regulations  in some delusion to appease a bully governor and the legislators he apparently holds a hammer over.  Not to mention that this head long rush to get a new zoning law as quickly as possible to appease and react in fear to Cuomo's legislation has already created several major zoning fiascos in CV, that expose how faulty parts of our zoning are.  And now we have numerous town officials including the town supervisor admitting the new zoning has problems and people aren't administering it correctly.  And even he got caught crosswise in the mess.

It is long past time to stop enabling bully Cuomo's Art X system and stand up for our home rule rights and refuse to participate in Art X as a town and region.

It is flat out wrong to keep appeasing the bully!  And thank you to the Watertown Daily Times for standing up and pointing out we should not tolerate Cuomo's bullying  on access to public information.  Nor do I think we should tolerate  his shackling of NY communities on energy project siting either!

Same bully different issue!

Solar Confusion! Hey...Don't Like It...Just Sue Us!!!

Well over a year ago when the Town of Cape Vincent "zoning experts" were drafting our new zoning I had several very serious concerns.  Among them along with the BIG wind issue  was a sudden coziness for solar energy.  I found this odd since there seemed to be no real research or exploration on this solar issue like there was on industrial wind to make an informed rational decision.  If you have read this blog for a while you know I took serious issue on my blog with this sudden jump into solar...and mainly because it seemed to just be another appeasement to the State to try to show them how " reasonable " we are about their renewable goals.  Not to mention this was being done in a panic over Art. X.  To me this didn't seem  like a prescription for a rational zoning approach over all and particularly on solar.  It appeared our town officers were in love with solar and had no problem soaking up tax payer subsidies to make it viable for them.

Of course I got many comments that I didn't know what I was talking about, I wasn't in the loop, I wasn't  a part of the "team" blah, blah, blah. Of course in AZ I have lived in a passive solar house for over 25 years...oh well.

So how did this all turn out?  Well if you read this blog and the Watertown Daily Times lately you are now aware of the unbelievable zoning fiasco created around one (at least I thought it was only one but there was more...we will get into that soon) solar project they granted a permit to illegally.

And NOW they are all talking about how there has to be a re-write of the law on the solar zoning issue...no shit!!!!

Why was that?  Well my concerns have come to pass.  Our law is a zoning mess on the solar issue.  Look  on Steve Weed video of the last Cape Vincent 10/7/13 ZBA meeting at this link:

http://www.steveweedproductions.com/

Slide the time slider to about 1:05  or one hour and five minutes into the meeting.  Here you will see a discussion about a solar project applicant asking for a variance.  It is important to understand WHOSE project it is and WHO is asking for the variance.  The project proposed belongs to the Cape Vincent Town Supervisor Urban Hirschey. That is no secret...it is a matter of public record. However...I gotta say it appears Mr. Hirschey got caught crosswise in another solar zoning fiasco.  But we shall see.

But watch the discussion.  It becomes clear two parts of the solar regulations in our new zoning are very conflicted. Surprise, surprise!  This is essentially what set off the Alexander solar controversy as well. 

But is also important to understand that regardless this is the LAW. 

Now the ZBA chairman Mr. Faulkinham's suggested resolution to all this confusion is rather  amazing. 

Basically it is that we will ignore one part of the law (of course in  this case on behalf of the town supervisor) and then if someone doesn't like it...let them sue us!!!

ZBA member Hester Chase once again shows clarity on the issue and points out they can't just do that.  If there needs to be a change in the law you can't just ignore the law...it is still the LAW...and only the town board can legislate that change...not the ZBA. It is all in State zoning regulations.  And I am not sure what Hester is referring to but it appears they already got in trouble on a similar matter before.

Like it or not table 8 of the law is in the LAW and IS THE LAW!

But I am astounded by Faulknham's glib response.  We think we can make this decision based on a faulty and confusing law by just ignoring one part, and see if we can get away with it...and if not ...sue us!!!  The part he forgot to say was "Well IF you have enough money to sue us!!!"

It appears Faulkinham is a bit of a gambler in my opinion...just playing the probabilities of who will sue his board or who won't. Roll the zoning dice and maybe we will get lucky!  Is he for real?

Kinda like the auto industry. Let's see...if we recall these vehicles it will cost us this many millions...and if we don't and somebody gets hurt it will only cost us this many millions...and even though we have a faulty dangerous vehicle we may get lucky and no one will have the will or money to sue us.

Does Faulkinham have a freakin clue what a law suit of this type costs?  Does he think CV  citizens are made of money?  As I pointed out in the Alexander case, it appears CV zoning is now based on who has the most money to distort the zoning process and gambling the probabilities they can get away with it.

With this attitude and a faulty confusing law as his defense he dooms  any potentially concerned citizen who might be aggrieved, to thousands of dollars of attorney fees many can't afford to straighten out his reckless zoning approach! And the aggrieved party REALLY  gets screwed because they will pay for their own defense...and pay in taxes for the town to defend against them...slick deal!!!

And don't forget this is all about a solar array on the property of our town supervisor. No matter what the hell is going on here there  ain't much political PR value in saying on video we are basically going to ignore one part of our law over another so we can grant him a variance on his project...If you don't like it then sue us.  Really...in an election year???

I have FOILed all the town documentation surrounding  the Hirschey solar project and we will get into that later.  It too is an  extremely  interesting zoning "phenomenon."

But I want to hear from Mr. Hirschey first.  But I can tell you this.  NOW I know why
the other Hirschey govt friendly blogs are silent about this.

Do any of these town officers know the legal term arbitrary and capricious????? So one other bottom line that is surfacing here is... who the hell is running CV town govt. anyhow.  Is it a little cabal of our "zoning geniuses" or is it actually the town board?

And good God...this is the zoning defense that is supposed to protect us from BP and Art X???  I'm not sure who is working harder to distort our zoning... BP or the town zoning experts!!!

Stay Tuned!!!

More Hollow Campaign Promises

Over on the blog JLL in a new post among other things are listed the goals of the Hirschey Rep. candidates running for town offices.  Here they are below.  So let's see how this holds up. Frankly...what a bunch of crap!!!


Our Vision and Goals for the upcoming year

*Continue to protect the health, safety and welfare of all Citizens

All citizens?  Really...Well except for Mrs. Mary Grogan who got screwed over by the CV ZBA whose property values are nearly useless due to a MAJOR zoning fiasco created by the Hirschey "zoning experts" and although they even ADMIT it was a screw up  absolutely refuse to correct it, but cover their butts instead!  The last thing they were worried about was health, safety, and welfare...that is a complete sham.  It all came down to money!

*Ensure wind turbines do not overrun our community.

But they wrote wind zoning regulations that actually allow some wind development.
So what the hell does this BS mean?  A few turbines would be ok as long as they don't over run the shore properties?    Apparently they aren't worried if the interior tax payers are over run by were their law allows wind development.   

*Support the goals of the Comprehensive plan.

First of all, any zoning law that allows wind development as ours does, even a few turbines is already in violation of our comp plan.  Their zoning lawyer even says we can't restrict something based on the fact we don't like the visual impact of how it looks. Well that is odd because our comp plan is all about protecting the scenic value of the town.  And in the latest zoning fiasco in the Alexander solar permit case, the Hirschey appointed ZBA admitted the law was not applied correctly and there were mistakes and it wouldn't even hold up in court...yet refused to correct them to protect a CV citizens health safety an welfare under the zoning laws. They violated her rights. And since our zoning is based on our comp plan...and they should be consistent. They trashed our comp plan as well.  None of this is based on rational zoning.  It is based on who has more money throw around in investments in projects and to sue and intimidate the town!  That is how zoning now works.  It has nothing to do with health, safety and welfare.

And as I said before...stay tuned because I will have more on this story.  I have a FOIL request into the town for records as we speak!  And based on what I am hearing it is not going to reflect well on some of these town officers up for election.  It's a kinda what did you know and when did you know it...and why did you not question it or allow it????

*Continue to operate on a balanced budget

Really????  If the Hirschey zoning process and officers keeps running amuck  and violating the zoning laws and the law suits keep rolling in where the tax payer has to defend the town's zoning screw ups...how exactly does that make for a balanced budget????




 

Fall On The River

One thing I love about living along the River is that if you pay attention nature is always putting on a show.  Or something else  interesting is going on.  I can fill up thumb drives and SD cards real fast in my camera!

Enjoy!

Above and below - a wild River Mon. afternoon. 

 

 

 

 

 

 

Calm and gentle on Tue morning.  Good day for  kayak trip!

 

 

 

                                               October sunset tonight.

                                                October's waxing crescent moon.

                                  Northern light display over Wolfe Is. Tue night.
                                                Big Dipper stars on the left.

      Mid river coming back from Carleton Is kayak trip.  Take a good look at that CV
                  sky line.  If some wind developer gets a hold of it, it  will be gone!

 

The abstract beauty of water by my kayak.

 

 

 

 

Seagulls napping in the sun.  Probably worn out from  flying in Monday's storm.

 

 

 

 

Fall color and reeds near Alex Bay.

 

 

                            No... I don't think they are beautiful...but they make
                                   an interesting picture of industrial structures.
                           .
                                Telephoto shot...turbines up to 12 miles away on Wolfe Is.
                              Is this Cape Vincent's future view from the River?????
                 

Up bound night time "Laker"  on a calm River.

 

 

 

And here is a fun fall idea I came up with.  Take a Folgers plastic coffee can.  Draw a pumpkin face on it, and cut it out with a razor knife (carefully!!!) 

Spray paint the outside black and the inside orange.

 

Put a candle in it (after the flammable paint dries!!!) and what do you have????

 

A PUMPCAN!!!

 

Happy October on the River!