Text · page 4 of 11
talked to many people after he received that email, he didn’t want to name names and even real estate attorneys. He stated we talked to the guy who built the code, he is still around. We were under the impression that this would be ok, otherwise we wouldn’t have done this. We were told that Dan is relatively new at his job and is still learning and has his hands full and things of that nature. The Applicants stated that everytime they talked to Dan he stated please refer to the zoning code, then when Dan showed up we wanted to walk him through everything we were doing. He said I have to deny this anyway, it has nothing to do with me, it is the code. He refused to look at everything because he stated I’m going to have to deny it anyway due to the zoning codes. The Chairman asked why did Dan come out? The applicants stated we wanted him to come out for more clarification. They said Dan kept stating I have to deny this due to the codes. The Applicants stated they would have loved to know why Dan came out to their property. The Chairman stated that I believe the Applicants stated previously that they invited Dan to come out. The Applicants said Oh yeah, we aren’t trying to hide anything, we wanted to know if this is ok, also we wanted to show him the piers. They were already built, we wanted to show him it. We wanted to say hey before we close this or something we wanted him to see it as much as possible, because once you close it you can’t really see it anymore. It just kind of made sense to us. Applicant stated he needed to get the electric inspected by an electrical inspector. The Applicants asked Dan is there anything you want us to do when he visits the property. The Chairman asked the Clerk if she remembers any correspondence or reason that Dan would have visited that property. The Clerk stated yes, it is common practice for the Building Inspector/Code Enforcement Officer to visit a property shortly after a change in ownership has occurred, that is part of his job. The Clerk stated that Dan’s Clerk has a list for him. The Applicant stated that was interesting, so whenever a property gets purchased he goes and checks it out? The Clerk replied that it’s not only new purchases, but new builts, additions etc, essentially, he had to look at all the processes, it’s his job. The Applicant stated that he didn’t know why he invited Dan and he didn’t want to lie, he didn’t remember, but they wanted him to come. Board Member Geitler stated that usually with construction they(meaning Building Inspectors/CEO) have to come out. The Applicants neighbor helped them pour the piers four feet into the ground. The Board discussed the distinction between Use and Area Variances and how the present request involves elements of both: ➢ Use Variance component: Using accessory-type sheds for seasonal occupancy on a lot without a principal dwelling appears to differ from the uses permitted as-of-right in the district. ➢ Area Variance component: The lack of required road frontage and the prohibition on accessory structures prior to a principal structure are dimensional/lot configuration issues that are treated as area relief. Board members noted that the Town Attorney had reviewed and concurred that the matter should be treated as both a Use and Area Variance. The Board Members also discussed: ➢ Whether the existing concrete piers and skirting constitutes a “continuous fully enclosed foundation” as required by code; the consensus was that they likely do not meet the strict definition, even if structurally adequate. ➢ The long-standing policy basis for prohibiting occupancy of accessory buildings without an associated principal dwelling, including concern about de facto residential use in barns or garages. ➢ The lack of official address assignments by the Town because the lot does not meet frontage requirements; the Board acknowledged that address assignment is within the authority of the Building Inspector/Code Enforcement Officer of the Town of Wales. Board Member Geitler stated that it truly is the cart before the horse, without a legal address assignment nothing can happen. We technically don’t have an address to tie the Variance to. The Board members concurred that was a very good point. Board Member Ingraham stated that on the official form that the Board has to fill out, it states first an address and then a SBL after, we don’t even have an address here. Board Member Geitler stated we need a clear address number for this process. ➢ The Chairman stated that our Town Attorney has been intimately involved, she is Cc’d on all correspondence. He stated that the Attorney and him talked in length about this case about the Use and Area specifically. The Attorney stated what was a Use and what was an Area Variance. This has her blessing on it. Applicant’s Rationale The Applicant stated that the reason they did things out of order was that at any day now his wife is going to be giving birth to their third kid. So he didn’t have the luxury of waiting until after the winter, it was either do it now or don’t do it at all and he couldn’t stick it on his brother to do it, he has four kids. They decided to do it. I 4