Southtowns Record

February 23, 2026 Minutes

Government
Town of Wales
Board
Planning Board
Meeting
Feb 23, 2026
Kind
Minutes
Topics
Zoning and land use, Parks and recreation

Original document

Same meeting

Text · page 2 of 5

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septic constructed by licensed contractors and engineered plans submitted to Erie County. The Erie County
  Department of Health has not yet issued a certificate of completion, pending assignment of a proper address
  by the Town’s Code Enforcement Officer/Building Inspector. The applicant indicated that the intended use is
  seasonal only, primarily for weekend camping, hunting, and outdoor recreation with family members,
  emphasizing that there is no intent to create a year-round dwelling or full-time residence.
 2.) Existing Conditions and Prior Structures
 The applicant reported that as the time of purchase there were two existing cabins or small structures on the
 property, one in deteriorated condition with a failing roof but containing an existing meter and main electrical
 panel, and another older cabin reportedly used historically as a party cabin. The applicant repaired the failing
 roof to stabilize one existing structure for basic storage use only. The Board discussed that the parcel
 currently carries only carries only an SBL number on the Erie County GIS system and does not have a
 recognized postal address, although an address appears on:real estate closing documents and on the former
 real estate listing.
 3.) Applicant’s Rationale
 The applicant explained that prior to purchasing  the property he reviewed the Town’s zoning code, consulted
with the Town’s former CEO, spoke with Town staff and engineers, and understood that an area and/or use
variance for frontage and accessory structures would be required. He noted:that he also spoke with the
Town’s current Code Enforcement Officer, Mr. Dan Whitehead, and the Town Supervisor, Mr. Tim Howard,
who visited the property, although no guarantees of approval were given. The applicant stated that the well
and septic were installed primarily to provide sanitary facilities for his wife and young children during limited
seasonal camping stays and that he did not intend to create a dwelling unit. He acknowledged that the
sequence of construction and permitting was not ideal and was his fault but emphasized that he attempted to
proceed in good faith and to follow the code as he understood it.
4.) Board Discussion
The Board reviewed the Town’s zoning definitions relatingto “dwelling,” “habitable, “ and “accessory
building,” including provisions that:.(a) a dwelling contains rooms designed for human occupancy by one
family and includes customary kitchen facilities, and (b) no accessory building shall be occupied as a
dwelling or used as living quarters-unless attached to.a dwelling and constructed on a continuous, code-
compliant foundation. Members noted that the primary concern is not limited to the accessory structures
themselves but to the presence of a permanent well and septic system on a landlocked parcel without required
road frontage, which could effectively enable future residential use inconsistent with the code and established
precedent. The Board discussed that prior approvals for accessory buildings on flag lots have been limited to
storage buildings without wellor septic, primarily for agricultural equipment and ATV storage, and located on
parcels that retained required road frontage or were otherwise buildable.
Board members expressed concerns about:
  > Establishing precedent for permitting well and septic systems on undersized or landlocked parcels
  without required. frontage.
  >  The potential for future owners to convert seasonal or accessory buildings into full-time dwellings
  based on the existence of well and septic improvements.
  >  The need to maintain consistent application of minimum frontage and lot standards in agricultural and
  residential districts.

Members also noted that many residents have inquired about building on parcels with less than 250 feet of
frontage or on landlocked parcels and have been consistently advised that such lots do not meet the code’s
minimum requirements without variances.
5.) Public and Neighbors