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The Wales Town Board is considering filing a lawsuit against the town’s Zoning Board of Appeals.

The Town Board has indicated it has not received a timely response from the Zoning Board regarding a variance for Auctions International developer Russ Scherrer’s plans for the site on Route 20A.

Scherrer says he did not know porches, basements and overhangs were to be included when the square footage was determined for new construction and, as a result, his plans were over the 50,000 square feet allowed by the state and town codes. He is seeking an amendment to his special use permit to allow for the extra footage.

Scherrer has received approvals from the county Health Department and town Planning and Zoning boards, but the Town Board determined he was not open about his plans in information he submitted to the Zoning Board. The Town Board wants the Zoning Board to revisit Scherrer’s request.

Last week, the Town Board approved a motion to have Town Attorney Ronald Bennett do what is necessary – including a lawsuit against its own Zoning Board – to have the matter resolved.

The action would be heard in State Supreme Court, with a judge making the decision.

Scherrer, who was present at the Town Board’s regular meeting but did not speak, said later that he will use the state’s Freedom of Information Law to request information regarding the town attorney’s litigation against the Zoning Board.

In other matters, the board held a public hearing regarding a new business, Wales Enterprises, which is seeking a special-use permit to operate a second business for crafts and home decor in the second story of the JC’s Creekside Deli at 12294 Big Tree Road. The board will vote on the request at its final meeting of the year later this month.

There has been no reply yet from the Wales Center Volunteer Fire Company regarding a review of an amendment to its pension plan.

The proposed changes to the town’s farming code need more tweaking, but the board complimented Councilman Gerald Klinck for the job he has done on the new code, which allows small farmers to require only one permanent permit to operate less than 10 noncontiguous acres.

The board approved purchasing a copier from Toshiba Business Solutions for $986, which includes a 75 percent rebate.

The board commended Deanna Zeigel for her work in organizing the town’s tree-lighting ceremony. She told the board she would like to have children in attendance decorate cookies in the community center and promised to make it a clean operation, with plastic covering the tables.