Town of Wales Appeals Board Meeting

Wales Town Office

Tuesday, December 20, 2005

 

Minutes

 

Committee Members present:  Chairman, William Austin, term expires 06; Mark Andrews, term expires 07; Shirley Hatch term expires 08; Richard Bradstreet, term expires 08.

 

Committee Members absent:  Paul Landry, term expires 07

 

Others Present: Chris Andrews, Clarence Henry, Trinidad Henry

 

 

The meeting was brought to order by Chairman William Austin at 7:10 pm.

 

The minutes of the previous meeting September 3, 2005 were voted on and accepted as written

 

The main course of business was looking over the request the Planning Board had made to void and nullify the variance granted on August 25, 1988 to Clarence (Ray) and Trinidad Henry of 12 North Mars Point Road and regarding the property owned by them registered as Map U3, Lot 8.

 

Mr. Henry presented the Board with a letter requesting that we make the variance null and void. Mr. Henry spoke to the Board explaining to us that a vote to nullify this variance would allow them to rent part of their property.  This will allow them to recoup some of their investment in adding on a living space for an elderly relative that has passed away and in upgrading the septic systems.  The Henry's have a house and an apartment above the garage and these are two separate buildings.  They have separate septic tanks separate pumping stations but share a common leach field.

 

After looking at the request and the certificates of variance approval of a 25th of August 1988 and listening to Mr. Henry's request the Board began its discussion of the matter. Two things came to light rather quickly:  1) it appears the Board of Appeals didn't follow proper procedure of Notices of Hearings as set down in the Handbook of Duties and Responsibilities; 2) we could not find in the Land Use Ordinance where having two dwellings on this amount land was allowed.

 

Mrs. Hatch made a motion to put off making a decision until all questions are answered. It was seconded by Mark Andrews and was passed unanimously. The Board didn't want anything to come back in the future to give problems to the Henry's or to the Appeals Board. The Chairman William Austin apologized to Mr. and Mrs. Henry that we couldn't come to a decision during this meeting. However, he would have a meeting with the selectmen as soon as possible and hopes to have this resolved by the middle of January 2006.  

 

The next meeting was not set at this time.  The meeting was adjourned at 8:35 P.M.

 

Respectfully Submitted,

 

Mark Andrews, Secretary