Southtowns Record

Case#2-2026 Resolution

Government
Town of Wales
Kind
Other
Topics
Zoning and land use, Budget and taxes

Original document

Text · page 1 of 3

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IN THE MATTER OF THE APPLICATION OF:
Twinwood Forest, LLC. David Schaub
Carpenter Road, South Wales, New York
S.B.L. # 216.00-1-30,
Property Class: 312 - Vacant with Improvements

FOR: Use Variance from Section 200-41 B and from 200-28 B(1) of the Town of Wales Zoning Code
RESOLUTION - CASE 2-2026
DATE: March 18, 2026

WHEREAS:
  1. The applicant, David Schaub, Twinwood Forest, LLC has applied for a use variance to
  permit two sheds on Carpenter Road, South Wales, New York, S.B.L. #216.00-1-30; and
  The Zoning Board of Appeals (ZBA) held a duly noticed public hearing on March 18,
  2026, at which all interested parties had the opportunity to be heard; and
  The ZBA has reviewed all application materials, testimony, and evidence presented; and
  The ZBA has considered the four statutory tests for a use variance as required by New
  York State law:
  e The applicant cannot realize a reasonable return, as shown by competent
  financial evidence. The lack of return must be substantial;
  e The alleged hardship is unique to the property and does not apply to a
  substantial portion of the district or neighborhood;
  e The requested use variance, if granted, will not alter the essential character of the
  neighborhood;
  e  The alleged hardship has not been self-created.

NOW, THEREFORE,  BE IT RESOLVED:
That the Zoning Board of Appeals finds as follows:
  1. No Reasonable Return: The applicant has not demonstrated, with competent financial
  evidence, that the property cannot yield a reasonable return for any permitted use. The
  Applicant will simply not be able to use the new, unpermitted sheds. Modifications of
  the existing shed could be an option. This property still has value for other approved
  uses and could be sold. The property can be used reasonably as is. Any financial issues
  are self-made.
  Unique Hardship: The alleged hardship is unique to this property and appears to affect
  a substantial portion of the district or neighborhood. The Applicants were given
  previous acknowledgement that a permit was required for building on property. This
  property is under the same regulations as the other properties in the same zone.  No
  main building and being used as living quarters.
  Neighborhood Character: The request use variance, if granted, the variance wouldn't
  alter the essential character of the neighborhood. No immediate neighbors have
  opposed to the building of the sheds. This variance would all be for habitable