Southtowns Record

March 18, 2026 Minutes

Government
Town of Wales
Board
Zoning Board of Appeals
Meeting
Mar 18, 2026
Kind
Minutes
Topics
Zoning and land use, Short-term rentals

Original document

Same meeting

Text · page 3 of 11

Electric
The Chairman also asked about the electric. He asked where does the bill get sent to? Daniel Schaub stated
that it goes to my house in Marilla, just down the road. David Schaub stated that there was a shed there that had
a smart meter. There is another building there that is 16’ x 22’ looks like it’s been there since the 1800’s.
Easement
Board Member Geitler asked if the Applicants have a right-of-way into the property? The Applicant stated that
they have an easement. Board Member Geitler asked which one of the neighbors do you have an easement
with? The Applicants stated that if you are facing it, it is to the left. He stated that the easement was from he
thinks from 1991.
Septic and Well
The Chairman asked how the applicants went about getting the septic and the well. He did emphasize that they
were not going to get into if that is legal or illegal. He stated that can certainly factor into the decision on the
sheds. He asked Applicants if they had to get permitting? The Applicant stated yeah and he has the paperwork
but didn’t bring it with him. The Board has information from Erie County Health Department. The Applicants
stated they were legal according to Meyer Septic and they were good to go. The Chairman asked the Clerk
what information she obtained from Erie County Health Department. She stated that a Certificate of Completed
Works Approval was not granted, a Certificate of Completion essentially. There will not be one granted by Erie
County Health Department because there is no address. The Applicant stated he never knew. The Chairman
stated he was surprised that they would have allowed that to happen before having an address. The Clerk stated
that it was the Engineer, Jennifer Delaney that was in touch with our office on this. Board Member Clothier
stated that the County doesn’t know if there is a house there or ten houses there, they just go by your engineers’
submitted drawings. Chairman stated that I would assume they would check if there were a house number
before granting a permit. The exit criteria is an address, you would think the entrance criteria would be an
address too. Board Member Ingraham said while we are on this subject of septic, it looks like a sizeable one,
like a 1,500 gallon tank dual chamber. When you were getting the septic built, how do they size that? The
Applicant stated the minimum, or he stated I wanted the cheaper option but then they said for around $500 more
he could get the next biggest. Board Member Clothier stated that in Erie County you can’t put anything in that
is less than 1,500. Chairman asked if they have a leach field? Applicant stated they do have a leach field.
Applicant stated that it is a $23,000 septic system. He stated that the septic did go in first, then the well. Then
we had the sheds dropped off and they fixed them up.
Cease and Desist Orders
Board Member Ingraham asked about the cease and desist orders, there were two that were sent out by the
Town. The Board Member stated that they have two copies of the stickers from the USPS with the letter that
was contained in each mailing. The Chairman asked the Applicant if they received the cease and desist after
everything was done, correct? The Applicants stated they started everything within a month of closing,
everything was built or being built within a month. Most of it was done by the first month of ownership. The
Chairman asked if they closed on the property in August? The Applicant believes it was in September. The
Applicant stated he had to get the permit test while previous owner owned it, he stated of course he got
permission to do that from the previous owner. We tried to do as much research as possible. Many people told
him he would maybe have to wait to get the septic installed, like a waiting list. So as soon as he put in a offer he
got permission from the realtor to start the process in July. They wanted it done before winter. They stated that
when the Building Inspector/CEO Dan Whitehead came, it was like 90% done.
Information obtained prior to purchasing the property
Board Member Geitler asked about the phone call and email from July 8, 2025, prior to the Applicants
purchasing the property. Board Member Geitler stated he has the e-mail correspondence from Dan Whitehead
stating in that email answers to questions the Applicant asked. There were eight questions that were asked in the
email by the Applicants and eight answers to those questions by the Building Inspector/CEO Dan Whitehead.
Some that was asked was like am I allowed to put in a driveway with that easement access, where Dan
responded that building anything across an easement is not allowed. In the correspondence the Applicants
asked what am I technically allowed to build on the property based on current zoning, Dan informed you that
according to current zoning requirements, you cannot build on the property. Other questions referred to Short
Term rentals, solar projects, tree removal and taxes. The correspondence with Dan Whitehead happened prior
to the Applicants purchasing the property. Board Member Geitler stated it was very clear that Dan
communicated you couldn’t build anything or have sheds there. The Applicant stated yeah. I was asking many
questions at the time off the top of my head, we wanted to put an offer in at the time. The Applicant stated he
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