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!!!