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!