A Last Minute Suggested Revision To The Cape Vincent Zoning Law Before The Tue June 10th Public Hearing, 7pm Rec Park.

Suggested changes in yellow.


"No building or structure shall be erected, enlarged, or land use initiated  until a Zoning Permit and required county, state, and/or federal permits  have been issued or backdated.  The exterior structure area of a building shall not be  enlarged until a Zoning Permit has been issued or backdated."

Some Cape Vincent Images

                                                  Photos By Art Pundt - Copyright 2014

                                                                  Sunset Wave

                                                                    Sunset Splash

                                                                  Evening Glow

                                                                        Seagull Wake

                                                              Cutting Through The Glitter

Rumor???????

This comment came into my blog this evening under the "Why June 10th" post.

Keep in mind this is only a rumor and may mean nothing at all and I have heard nothing to verify it.


"Rumor (on good authority) says that Mr. MaCSherry has resigned because of Mr. Hirshey' s private antics with Mr. Aubertine or more importantly.....Mr. Aubertine's feeling of superiority over Town officials. What is going on ??????? Secret meetings with Aubertine??? Why???? "

Hot And DRY!!!

The "Slide Fire" between Sedona and Flagstaff is finally 100% contained, but at 21,000 acres burned.

According to Phoenix TV weather, Phoenix has gone 95 straight days without measurable rain.

The humidity in Phoenix today went down to 2%

The weatherman didn't think it was excessively hot because it was only about 107 degrees today!

Awkward Zoning Clause Needs More Revision!

In the new Cape Vincent zoning revision, anywhere the following phrase appears it needs to be changed.  It is an awkward phrase that doesn’t make sense.

“By requesting a permit, the applicant grants Town officials to go on their property.”  What???

So if I apply for a permit, then town officials can go on THEIR property???? 

Maybe it should read…

By applying for a permit, the applicant grants town officials access to the applicant’s property.

In addition "Town" should not be capitalized.

And access, where, when, and for what reason?   

At midnight, to peek in the applicant’s windows???

 

There should be something in the language granting access at reasonable times, and only for zoning administration, or code enforcement purposes related to the permit.

Somebody Is Playing Fast And Loose With The Cape Vincent Zoning Revsions

And unless you do a little research you won't see what is going on!

So let’s look at a few revisions in the Cape Vincent zoning law  under the Zoning Board of Appeals section.

In my opinion somebody is playing real fast and loose with the zoning revisions with the powers of the planning board at a cost to the Zoning Board of Appeals.

And I’m betting it is just complex enough they are hoping you the CV citizen won’t notice how the zoning power is being inappropriately concentrated, and in my opinion in exactly the wrong hands.

Certain things in the new zoning are simply being left out and not mentioned as a change. But it is real important, especially for the ZBA who is being robbed of power!

What it basically comes down to is this govt concentrating zoning power, and I believe it is a direct result of catching them in an embarrassing  zoning fiasco last summer.  I hope you will take the time to read on and understand what is going on because it is important!

Here is critical clause in CV zoning which is actually not a revision but was a big bone of contention in the solar zoning fiasco. 

“Powers and Duties:

"The Zoning Board of Appeals shall have all the powers and duties  prescribed by Sections 267A and 267B of the Town Law and by this Law.  

a. Authority: 

Hearing Appeals:

Unless otherwise provided by local law or ordinance, the jurisdiction of the Board of Appeals shall be  appellate only and shall be limited to hearing and deciding  appeals from and reviewing any order, requirements, decision, interpretation, or determination made by the administrative  official charged with the enforcement of any ordinance or local  law adopted pursuant to this article.”

The point to remember here is that our law DOES grant the ZBA with power beyond the appellate power of hearing and deciding appeals. The CV ZBA also has  what is called “original jurisdiction” spelled out  in the CV zoning law and allowed from state statutes.  This means that in addition to appeals the CV  ZBA has the power to approve “special use permits”. 

However, last summer I got into a debate with three  PB members at the time, Mr. Cullen, Mr. Macsherry, and Mr. Brown.  They were insistent that the CV ZBA was ONLY empowered with appellate power to hear appeals and give variances. 

But they were simply wrong!

 In fact Mr. Brown decided he would take part of the meeting to “educate” us on this matter…and he STILL got it wrong!  Of course you can bet most of what he was doing in my opinion was covering his rear end trying to smooth over the embarrassing zoning mess he and Macsherry and others created.

The CV ZBA has original jurisdiction power granted specifically by the CV zoning law the three men above helped draft, but they still didn’t get it. That is a little disturbing!  And this was at the heart of the solar zoning fiasco last summer…they just didn’t understand their own law.

And looking at the zoning revisions headed by Brown, it appears they still don’t really get it!

For example in the table of uses on page 12 of the zoning you will see certain uses that require a special use permit (SU) now approved  by the CV ZBA, NOT the planning board.

In CV zoning previous to 2012 this special use permit power was with the planning board.  But the zoning was changed in 2012 and the power was granted to the ZBA.  So with solar for example , if you want a commercial solar project in the lake or river front districts you would now need to apply for a special use permit from the ZBA.

Here is the language about the ZBA and special use permits from a very good training document put out by NYS.

"Where a zoning ordinance or local law gives a zoning board of appeals powers that are in addition to its appellate powers, the additional powers are referred to as "original jurisdiction."  Matters involving original jurisdiction may be granted to a zoning board of appeals by the zoning law or ordinance, but do not have to be.  Examples of original jurisdiction include the power to grant special use permits  and the power to approve site plans.  There is nothing in the statutes that specifically provides for these powers to be exercised by zoning boards of appeals. If they are given to such boards it will be because the municipal zoning ordinance or local law so provides."

Our CV zoning law since 2012 DOES provide the ZBA with the “original jurisdiction” power to approve special use permits.  From the CV law:

"4) Special Use Permit Application Procedure: A Special Use Permit review and approval shall be undertaken by the Zoning Board of Appeals.  "

Now that underlined part is pretty damn clear and straight forward. You get a special use permit from the ZBA.

Yet last summer we have three of our zoning “experts” on the PB caught up in their soar zoning mess saying the CV ZBA has only appellate power.

Now comes the interesting part of the new revision, and it comes directly out of the zoning mess I uncovered last summer. 

Compare the clause about the ZBA and PB relationship from the 2012 zoning law, and the new 2014 revision.  Something is conveniently missing!

The 2012 clause:

“d. Special Use Permit Application Procedure:

A Special Use Permit review and approval shall be undertaken by the Zoning Board of Appeals. The Zoning Board of Appeals may seek an advisory opinion and site specific recommendations from the Planning Board.”

Now the new wording from the 2014 revision draft:

"4) Special Use Permit Application Procedure:

A Special Use Permit review and approval shall be  undertaken by the Zoning Board of Appeals.  The Zoning  Board of Appeals approves a Special Use Permit  contingent upon the approval of Site Plan Review by the  Planning Board."

In my opinion this is Mr. Brown, the chair of the PB and revision committee concentrating as much zoning power as possible to himself and his board where it doesn’t belong.  And apparently he is STILL trying to cover for the solar zoning mess of last summer.

Now re- read that clause about the relationship between the PB and the ZBA and think hard on it for a minute.  It is an absurd power grab which may not even be in line with state statutes.

 Who exactly has the power to approve the special use permit in CV zoning?  Is it the ZBA or the PB?  The operative words are” may seek” in the 2012 law and “contingent upon” in the new revision. 

In other words Brown has worded this revision such that even though the ZBA has the “original jurisdiction” power of approving special use permits, he has made sure that he and his PB can still out right kill it.

He has essentially  made sure the ZBA has been rendered powerless when it comes to special use permits. And I doubt the rest of the revision committee had a clue what was happening here.

In the 2012 law basically the ZBA can call on the PB for an “opinion” if they feel like it, and could also ignore it if they feel like it.  Too bad Mr. Brown!   But the new revision forces the ZBA to have to take the PB opinion.  It’s an unwarranted invasion of ZBA authority.

Somebody at the ZBA better pay attention to what is going on before this revision gets passed.  And the Town Board better be paying attention too!!!

All this is left over trash from the solar zoning fiasco of last summer and now it is trying to be forced into law.

But that is not all.  Something else is unusual.  If you look at some parts that were changed in the revisions from the 2012 law, where language was removed it was shown, but struck out with a line through it.  It allows the reader to see what was removed then there is the yellow highlighted part to show the revision…but not in this case.

In this case the old language that the ZBA “ may seek” a PB opinion, that was changed to show the ZBA special use permit is “contingent upon” the PB review…. was simply removed with no reference to it unless you go back and compare the two laws yourself side by side.  All you see in the revision in yellow is the new language granting the PB a lot more power.

Very slick!

And if you want to see an additional amusing part to this, look on the town website under govt and planning board.  After nearly two years, and a major zoning fiasco, and now having the zoning in revision, the website still lists the approval of special use permits as the responsibility of the planning board, when in fact CV zoning has shifted that power to the ZBA.

I do not like the zoning power so concentrated in one man’s hands.  Why?  Well in this CV case let’s not forget we are talking about a man who outright refused to take one CV citizen’s  detailed input!  That would be me.

And why?  Simply because he didn’t particularly like me!  In my opinion that was a very reckless and irresponsible action for any town official, and an abuse of power.  And here we have the new zoning revision granting him and his PB even more power!  Question is… how  will he use this new power.

It s particularly disturbing to me to see so much zoning power granted to a person who already demonstrated in last summer’s solar zoning fiasco he apparently didn’t understand the very law he was instrumental in writing, and created a huge zoning embarrassment to the town that even made media headlines, and brought in the town supervisor to this zoning mess!!!

That was the very problem, that Brown and Macsherry created in the solar zoning fiasco.  The ZBA was completely out of the loop on this solar zoning even though the special use permit was the ZBA authority, not the planning board’s authority.  Yet the PB was just moving right ahead without the ZBA in direct defiance or ignorance of the new law. It is blatantly clear the ZBA should have been the lead on the permit, not the PB with site plan review!

The PB granted themselves much more zoning authority that was justified. Actually it was a major and fundamental zoning screw up in complete contradiction the very law they wrote!

Now it looks like Brown is trying to make this fiasco official policy in law, and it should be stopped!!! And apparently the rest of the zoning revision committee sat by apparently not knowing what is going on!

Why June 10th????

Last I heard there was to be a public hearing on the new Cape Vincent zoning law revisions on June 10th. 

But I'm wondering why June 10th? 

Seems to me it might be wise to wait till July when more seasonal people might be around and do the hearing on a Saturday.  That way you would have the possibility of including more people.

And let me see...wasn't it those seasonal voters that put and has kept the current CV govt. in power???  Yeah, seems I recall something like that!

I guess your seasonal vote isn't as important now that the last contentious election is behind us!

Of course according to our new Dep. Town Supervisor when he was the planning board chair our zoning shouldn't be taken so literally, so they probably aren't all  that worried about you input anyhow!