July 1, 2026 Minutes (full text)

TOWN OF WALES ZONING BOARD OF APPEALS PUBLIC HEARING MEETING MINUTES July 1, 2026 The meeting of the Zoning Board of Appeals of the Town of Wales was held on the Ist day of July 2026 at the Town of Wales Community Center, 12345 Big Tree Road, Wales Center, New York. CALL TO ORDER Chairman Edward Wilkolaski called the meeting to order at 6:02 p.m. EST ROLL CALL Chairman Edward Wilkolaski — present Board Member Mark Gietler - present Board Member Russ Clothier Jr. - absent Board Member Kevin Ingraham — absent Board Member James Cornell — present OTHERS PRESENT Applicants — Chris Kraft PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA MOTION # __ By Zoning Board of Appeals Member Mark Gietler, second by Zoning Board of Appeals Member James Cornell, to accept the Zoning Board of Appeals Agenda of July 1, 2026. Carried ayes-3 nays-0 ACCEPTANCE OF MINUTES OF PRIOR MEETING MOTION # __ By Zoning Board of Appeals Member Mark Gietler, second by Zoning Board of Appeals Member James Cornell, to accept the Zoning Board of Appeals Workshop and Public Hearing meeting minute of June 17, 2026. Carried ayes-3 nays-0 OLD BUSINESS — none. NEW BUSINESS CASE#!1 Applicant: Chris and Christine Kraft. SBL# 202.00-2-34.2 The applicants at 12110 Goodleberg Road, South Wales, New York would like to appeal the 20’ side requirement for an accessory building on the property with a one-family dwelling: Wales Code Section 200-22 - Area Variance. 5-2026 Public Hearing: The Board reviewed an application for an area variance regarding a structure encroaching into the required front setback. The structure is located approximately 18.9 feet from the property line, where 20 feet is required. The Applicant stated that the neighbor’s notification letters were sent to six adjacent property owners. There were no responses, objections, or comments that were received and it was

reported no calls or complaints were reported to the Town Hall. One neighboring property owner had previously expressed support for the project. Board Deliberation: The Chairman explained the Board deliberation process. He stated that there are questions asked that can be all Aye or Nay and still have an opinion of opposing or granting a variance. All the questions are the ones asked for an area variance. He stated the Board will need a few minutes to go over the five questions then they will deliberate. The Board reviewed the application according to the required five factors: 1. Whether undesirable change would be produced in character of neighborhood or a detriment to nearby properties. ZBA Chairman Edward Wilkowlaski - No ZBA Board Member Mark Gietler - No ZBA Board Member Russell Clother, Jr. - absent ZBA Board Member Kevin Ingraham — absent ZBA Board Member James Cornell — No Reasoning: In line with neighborhood fagade. Such a small distance, very minor request. Neighbors are all ok with the request. 2. Whether benefit sought by applicants can be achieved by a feasible alternative to the variance. ZBA Chairman Edward Wilkowlaski - No ZBA Board Member Mark Gietler - No ZBA Board Member Russell Clother, Jr. - absent ZBA Board Member Kevin Ingraham — absent ZBA Board Member James Cornell — No Reasoning: In theory, yes, but project was initiated prior to permit. Pad was poured. Moving the building would cause frontage variance. 3. Whether the requested variance is substantial: ZBA Chairman Edward Wilkowlaski - No ZBA Board Member Mark Gietler - No ZBA Board Member Russell Clother, Jr. - absent ZBA Board Member Kevin Ingraham — absent ZBA Board Member James Cornell — No Reasoning: Very small distance. One foot and a few inches. Only 1°3” of 20° setback. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood:

ZBA Chairman Edward Wilkowlaski - No ZBA Board Member Mark Gietler - No ZBA Board Member Russell Clother, Jr. - absent ZBA Board Member Kevin Ingraham — absent ZBA Board Member James Cornell — No Reasoning: Not even noticeable. Immediate neighbor is in approval. Little to no concerns. 5. Whether the alleged difficulty was self-created: ZBA Chairman Edward Wilkowlaski - Yes ZBA Board Member Mark Gietler - Yes ZBA Board Member Russell Clother, Jr. - absent ZBA Board Member Kevin Ingraham — absent ZBA Board Member James Cornell - No Reasoning: Most all variances are self-created. ROLL CALL VOTE ON Case#5-2026: Chairman Edward Wilkowlaski — Aye Board Member Mark Gietler - Aye Board Member Russell Clothier Jr. — absent Board Member Kevin Ingraham — absent Board Member James Cornell — Aye The motion to grant the variance is passed. ADJOURNMENT MOTION#__ by Zoning Board of Appeals Member Mark Gietler and seconded by Zoning Board of Appeals Member James Cornell to adjourn the meeting at 7:15 p.m. Carried ayes-3 nays-0 Respectfully submitted, Michelle Homac, Zoning Board of Appeals Clerk

Town of Wales Zoning Board of Appeals RESOLUTION NO. 5-2026 IN THE MATTER OF THE APPLICATION OF CHRIS AND CHRISTINE KRAFT FOR AN AREA VARIANCE PROPERTY ADDRESS: 12110 Goodleberg Road, South Wales, NY TAX MAP NUMBER OR SBL#: 202.00-2-34.2 DATE: July 1, 2026 WHEREAS, an application was filed with the Zoning Board of Appeals of the Town of Wales by Chris and Christine Kraft for an area variance for the property located at 12110 Goodleberg Road, South Wales, NY. SBL# 202.00-2-34.2; 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 on the side 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 July 1, 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: In line with neighborhood fagade. Such a small distance, very minor request. Neighbors are all ok with the request. 2. Feasible Alternative: The Board finds that the benefit sought by the Applicants cannot be achieved by some other feasible method. Reasoning: In theory, yes, but project was initiated prior to permit. Pad was poured. Moving the building would cause frontage variance. 3. Substantiality of Variance: The Board finds that the requested area variance is not substantial. Reasoning: Very small distance. One foot and a few inches. Only 1’3” of 20’ setback. 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. Reasoning: Not even noticeable. Immediate neighbor is in approval. Little to no concerns. 5. Self-Created Difficulty: The Board finds that the alleged difficulty was self-created. Reasoning: Most all variances are self-created. BE IT FURTHER RESOLVED, that the variance is granted.

BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed in the office of the Town of Wales Town Clerk and the Town of Wales Building Department. VOTE: Chairman Edward Wilkolaski voted AYE ZBA Member Mark Gietler voted AYE ZBA Member Russell Clothier Jr voted ABSENT ZBA Member Kevin Ingraham voted ABSENT ZBA Member James Cornell voted AYE Dated: July 1, 2026 By Order of the Zoning Board of Appeals Chairperson: Edward Wilkolaski Clerk: Michelle Homac

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION - \ 4 Applicant:_ Wess #Coshwa Keart Application No.oars iad Date of Application: bh Appeal Concerns Property at the following address: (Postmarked or 5 c elivered) V2N@0D Oy :Splsbseg Qa Date of Public Hearing: _ 77 Date Notice Published: South Wabs OY \AS4 Date of County Referral:_* Date of Final Action: Date or ay of Degision with the Municipal Clerk: alae County Tax Map (S.B.L.) - Section: 2©< Block: “2 Lot:_5 hz Zoning District Classification: Ces Requirem nts for which Variance is Requested: 2S & SA\.-\ fod Ae Cs SS chy low ees Applicable Section of Zoning Code(s): 200.22 TEST: No area variance will be granted without a consideration by the board of the following factors: 1) Whether undesirable change would be produced in character of neighborhood or a detriment to nearby properties: (Will this change make the neighborhood look or feel worse, or hurt nearby homes or properties?) Yes No Pa Reason: mel wee | rs aiqhhl se hasd O c Oe, 2) Whether benefit sought by applicant can be achieved by a feasible alternative to the variance. Page 1 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION (is there a realistic alternative (like changing the design, moving the building, making it smaller, or using a different layout) that would follow the current code?) Yes >» No. >S a . a ° \ ‘ = Reason:____ 4 Ao chy Vist , b SN OPwyo’ Seas LASS eK ip Cm evo opt 4 oO Ak ea Oc pa i Ly 8 3) Whether the requested variance is substantial. (ls the change the applicant is asking for significant? How far are you trying to bend the zoning limits?) Yes No a” Reason: assy C35 X Sey a) yack 4) Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? (Will this change negatively impact the environment or damage the physical conditions in the area...such as traffic, drainage, noise, air, or natural features?) Yes No x CV arn od Nz inlb et AY =p pada: Reason:_ LAG +e Ws con cosy | 5) Whether the alleged difficulty was self-created? (Did the applicant cause the issue? The issue is a result of action(s) by the applicant, not a result of something beyond the applicant’s control.) Yes : No Page 2 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Reason: Mas! Daw Ww Ae ons salh = esate DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: C1 the Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied. Ex the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. Reasons: \J R0-Y Smal\ USSR eued . LAG Ne MIS Cen He eh. The ZBA further finds that a variance of__2-2._ from Section ACS of the Zoning Code is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety and welfare of the community because: CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition No. 1: i) \ & Page 3 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Adverse impact to be minimized: Condition No. 2: KO | {\ Adverse impact to be minimized: Zoning Board of Appeals Chairman: Shp Date: _\ “SOL- 26 POOR ROE HARE MEOH RESTO O EEO E EHO T EHD E SSE OEE DE ORO ODODE SHER ODED EEO EEE E OOOH ETD HOE D EES OE TE DEAD OD DEED EE OSA DOSES ER EEE ESE DO EERO OSE OOR DE DUES EOD RECORD OF VOTE MEMBER NAME AYE NAY SIGNATURE ZBA Chair_ 2olO.MKolask x ZBA Member Wo Gagtboe rs V/ SA px? ZBA Member Som Cornv2\\ rs LY iia ZBA Member / a ZBA Member 7 » Page 4 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Applicant:_¢ hits Chistian Kea USE ONLY: OFFICE Application No. AV —- . Date of Application: Appeal Concerns Property at png following address: (Postmarked or Hand Delivered) j , / or fe , Date of Public Hearing: [2A 10 Goodlebery ea ff Date Notice Published: Date of County Referral: Date of Final Action: Date or Filing of Decision with the Municipat Clerk: County Tax Map (S.B.L.) - Section: 2%4-©° _ Block: Lot: ~ 2° 342 Zoning District Classification: Requirements for which Variance is Requested:__A«? = Applicable Section of Zoning Code(s);__ -2 2: 2A~ TEST: No area variance will be granted without a consideration by the board of the following factors: 1) Whether undesirable change would be produced in character of neighborhood or a detriment to nearby properties: (Will this change make the neighborhood lIook or feel worse, or hurt nearby homes or properties?) Yes No Reason:_ such & mall. Dishr c-. Very den om beg id. t= At eh be £3 oto JEM OK. wth Ley wi 2) Whether benefit sought by applicant can be achieved by a feasible alternative to the variance. Page 1 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION (Is there a realistic alternative (like changing the design, moving the building, making it smaller, or using a different layout) that would follow the current code?) Yes No 2 Reason: Moti eu! bling Ws (d Cause Fe Tey —— yarn ex Co 3) Whether the requested variance is substantial. (Is the change the applicant is asking for significant? How far are you trying to bend the zoning limits?) Yes No 3< Reason: Very sonal DisJance— £ fost an Sey La ches 4) Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? (Will this change negatively impact the environment or damage the physical conditions in the area...such as traffic, drainage, noise, air, or natural features?) Yes No 2 Reason: wot Z2rven A hie q hb le 5) Whether the alleged difficulty was self-created? (Did the applicant cause the issue? The issue is a result of action(s) by the applicant, not a result of something beyond the applicant’s control.) Yes No Page 2 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Reason: All Valrarces dre DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: C] the Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied. XJ the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. Reasons:___such rn samall Distro a The ZBA further finds that a variance of from Section of the Zoning Code is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety and welfare of the community because: CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition No. 1: es [ ZA LLL TT CL Page 3 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Adverse impact to be minimized: IZ Aaa Condition No. 2: wie Adverse impact to be minimized: AD hiaAl Ly Zoning Board of Appeals Chairman: Date:_ "7- / -~2¢ eee Pe erro ee ere eee eee ee Peers eevee rere cer errr seer ree ri ese e cer eecere reece serie ere rr rer rer riry) eee ee eeE OCU SE Peeee Ere ereriserr ss RECORD OF VOTE MEMBER NAME AYE NAY SIGNATURE ZBA Chair__£7 ZBA Member__“14°& Mie 2o-——— ZBA Member. ™ ZBA Member ZBA Member Page 4of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION , y Lhe in x bah in / _ Applicant: Jin | oo. C HEU Ay EAL FFICE USE ONLY: : é ne: a an Application No. AV- ¢ Date of Application: Appeal Concerns Property at the following address: (Postmarked or Hand Delivered) 1a / , Fi A 06 b/ OZ h A BEX, c hi YA dj LE Date of Public Hearing: Date Notice Published: Date of County Referral: Date of Final Action: Date or Filing of Decision with the Municipal Clerk: County Tax Map (S.B.L.) - Section: Block: Lot: Zoning District Classification: Requirements for which Variance is Requested: Applicable Section of Zoning Code(s): TEST: No area variance will be granted without a consideration by the board of the following factors: 1) Whether undesirable change would be produced in character of neighborhood or a detriment to nearby properties: (Will this change make the neighborhood look or feel worse, or hurt nearby homes or properties?) & Yes No <— f { Reason: 2) Whether benefit sought by applicant can be achieved by a feasible alternative to the variance. Page 1 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION (Is there a realistic alternative (like changing the design, moving the building, making it smaller, or using a different layout) that would follow the current code?) Yes No x Reason: 3) Whether the requested variance is substantial. (Is the change the applicant is asking for significant? How far are you trying to bend the zoning limits?) Yes No | Reason: Ud. my mw Ange UATA hy 4) Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? (Will this change negatively impact the environment or damage the physical conditions in the area...such as traffic, drainage, noise, air, or natural features?) \/ Yes No « Reason. i wip| te RAC CLuAnNey HH Mm AW 5) Whether the alleged difficulty was self-created? (Did the applicant cause the issue? The issue is a result of action(s) by the applicant, not a result of something beyond the applicant's control.) Yes No y Page 2 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Reason: DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: </ A the Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied. C1 the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. Reasons: The ZBA further finds that a variance of from Section of the Zoning Code is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety and welfare of the community because: CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition No. 1: Me Le Page 3 of 4

TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Zoning Board of Appeals Chairman: Date: eee eee eee ere eee eee reer ere rer rere creer errr er ree reer errr reer terre ree rer err rr rer rr rere reer re ree eer Coven enon recerneuaeeceenensesnras RECORD OF VOTE MEMBER NAME AYE NAY SIGNATURE ZBA Chair A ZBA Member x TO 730 AE 5 4 ZBA Member_/“ ZBA Member ZBA Member Page 4 of 4