Southtowns Record

May 19, 2026 Minutes

Government
Town of Wales
Board
Town Board
Meeting
May 19, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage, Budget and taxes

Original document

Text · page 4 of 17

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Town of Wales Zoning Board of Appeals
RESOLUTION NO. 3-2026
IN THE MATTER OF THE APPLICATION  OF JAMES & JENNIFER CREIGHTON  FOR AN AREA VARIANCE
PROPERTY ADDRESS: 12469 Big Tree Road, Wales Center, NY
TAX MAP NUMBER OR SBL#: 178.00-1-45.12 and 178.00-1-67
DATE: May 19, 2026

WHEREAS, an application was filed with the Zoning Board of Appeals of the Town of Wales by James and
Jennifer Creighton for an area variance for the property located at 12469 Big Tree Road, Wales Center,
NY. SBL# 178.00-1-45.12 and 178.00-1-67; and
WHEREAS, the application requests an area variance from Section 200-22 of the Town of Wales Zoning
Code to appeal the allowance for a detached accessory building located in front of the primary building;
and
WHEREAS, the Board received a referral from the Building Inspector/Code Enforcement Officer Dan
Whitehead indicating that the project is not in compliance with the zoning law and requires an area
variance; and
WHEREAS, a public hearing on the application was held on May 19, 2026, at which the Board heard
testimony and received comments from the Applicant, neighbors, and other interested parties; and
WHEREAS, the Board has reviewed all applicable materials, including a Short Environmental
Assessment Form, photos, and deed and has duly considered the standards for an area variance as set
forth in New York State Town Law § 267-b, weighing the benefit to the Applicants against any detriment to
the health, safety, and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals, having considered the entire
record of the proceedings, made the following findings and hereby approves the application:
1. Undesirable Change or Detriment to Properties: The Board finds that the granting of this variance
will not produce an undesirable change in the character of the neighborhood or a detriment to nearby
properties.
Reasoning: The proposed building will match the current facade of the area. It fits well with the
character of the neighborhood.  There are many properties that have accessory buildings in front. The
property is not very visible from the road.
2. Feasible Alternative: The Board finds that the benefit sought by the Applicants can be achieved by
some other feasible method.
Reasoning: They could place it behind the main dwelling, but this would minimize the ROI of the project.
There are other options. While there are alternatives, they are more costly and less desirable for the area.
Also, the alternatives cause hardship for the applicants.
3. Substantiality of Variance: The Board finds that the requested area variance is not substantial.
Reasoning: The building proposal in front of the house is minimal given the circumstances.  The
placement is very typical in the area. There is no visual impact.
4. Adverse Environmental/Physical Impact: The Board finds that the proposed variance will not have
an adverse effect or impact on the physical or environmental conditions in the neighborhood.