Pomfret Planning Board
James Joy-Chairman
Rob Smith
Heather Lesch
Ashley Willebrandt
Robert Dando
-The Town Planning Board shall have the following duties with respect to the Town of Pomfret Zoning Law:
A: Recommendations
1. Optional Recommendations - The Town Planning
Board shall submit reports within thirty (30) days
after referral on any "optional" matter referred
to it, with respect to the Town of Pomfret Zoning
Law.
2. Mandatory Recommendations - The Town Planning
Board shall submit recommendations to the
appropriate Board on all applications for:
a. all Special Use Permits under the jurisdiction
of the Municipal Board;
b. any Special Use Permits which the Zoning
Board of Appeals chooses to refer to the
Planning Board; and
c. Zoning Amendments
B. Review of the Zoning Law - To review the Zoning
Laws at least every five (5) years and make
written recommendations for amendments,
should they be necessary.
Rob Smith
Heather Lesch
Ashley Willebrandt
Robert Dando
-The Town Planning Board shall have the following duties with respect to the Town of Pomfret Zoning Law:
A: Recommendations
1. Optional Recommendations - The Town Planning
Board shall submit reports within thirty (30) days
after referral on any "optional" matter referred
to it, with respect to the Town of Pomfret Zoning
Law.
2. Mandatory Recommendations - The Town Planning
Board shall submit recommendations to the
appropriate Board on all applications for:
a. all Special Use Permits under the jurisdiction
of the Municipal Board;
b. any Special Use Permits which the Zoning
Board of Appeals chooses to refer to the
Planning Board; and
c. Zoning Amendments
B. Review of the Zoning Law - To review the Zoning
Laws at least every five (5) years and make
written recommendations for amendments,
should they be necessary.
Planning Board Meetings
Town of Pomfret Planning Board meetings for 2024 are scheduled for the first Monday of each month at 6:30 P.M. except where indicated (*):
2024:
December 2nd
2024:
December 2nd
Planning Resolutions
November 4, 2024, Hearing #5-24
APPLICANT & PROPERTY OWNER:
Sandra Pavlock
9554 Stone Rd
Fredonia, NY 14063
SBL: 147.00-2-1
Minor Sub-Division
PRESENT: James Joy (Chairman), Heather Lesch, Robert Dando, Robert Smith,
Ashley Willebrandt, Nicole Waite (Planning Clerk)
PUBLIC PRESENT: Julia McFarland, Ray Coniglio
CALL TO ORDER: Chairman Joy called the meeting to order at 6:31 P.M.
ACCEPTANCE OF MINUTES: A motion to accept the minutes of Workshop #1-24 was made by Robert Dando and seconded by Robert Smith. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#05-24) will be held by the Pomfret Planning Board on November 4, 2024, at 6:30 P.M at the Pomfret Town Hall, 9 Day Street, Fredonia, NY 14063 to consider the appeal of: Sandra Pavlock, whose property is located at 9554 Stone Rd, Fredonia, NY 14063 for a Minor Subdivision.
This property is described on the tax map as SBL: 147.00-2-1.
The proposed action is to divide two (2) lots within the 9.46+/- acres of land. The first lot: 5.0 acres, the second: 4.46 acres. Under the Town of Pomfret Zoning Code, the land is currently Zoned as AR-1.
This Minor Subdivision application is for inspection at Pomfret Town Hall, 9 Day Street, Fredonia, NY 14063.
PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed request under SEQRA will be reviewed by the Board at said hearing.
Any person may appear in person, agent, or attorney. Please contact the Planning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Planning Clerk or at such hearing. All interested persons shall be heard.”
Chairman Joy read the list of neighbors within 500 feet of the parcel, all of whom received notice of tonight’s hearing.
PROJECT DISCUSSION: The Board reviewed Sandra Pavlock’s application materials for the proposed Minor Subdivision of 9554 Stone Rd, Fredonia, NY SBL: 147.00-2-1. Based on the survey, the frontage of lot 1 will be 301.24ft and lot 2 will be 339ft. This exceeds the minimum front lot width requirement of 200ft. Lot 1 will be 4.46 acres, lot 2 will be 5.0 acres. This exceeds the minimum lot size requirement of 2 acres. The parcel does not have public water or sewer. Lot 1 has Ms. Pavlock’s house. Lot 2 consists of a vacant forest. Neither parcel is land locked. Based on the facts presented, the proposed subdivision would not create non-conforming lots.
Chairman Joy asked Julia McFarland what the long-term plan is for the proposed 5.0-acre parcel. Ms. McFarland explained that her son is under contract to purchase the proposed parcel from Ms. Pavlock. She said in 1.5 years he plans to clear space for and build a single-family home. Heather Lesch pointed out that if he does move forward with new construction, it will be important to ensure the building location adheres to all area requirements, and any septic tanks are built far enough away from the lot boundaries. Those decisions would be made during the building permitting process. Chairman Joy commented that Chautauqua County Department of Health would work out acceptable locations for septic tanks.
A correction was made to the Agricultural Data Statement. At the top ‘Town of Portland’ was changed to ‘Town of Pomfret’.
CORRESPONDANCE: Chairman Joy received a text message from Phil Wright, 9451 Stone Rd, Fredonia in support of the subdivision. No other correspondence was received.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by Sandra Pavlock and determined all her answers were accurate.
PUBLIC COMMENT: No comments were made.
SEQR DECLARATION: The board reviewed SEQR Part 2 and discussed each question. The decision for each was ‘No, or small impact may occur’. Based on the answers from Part 2 SEQR, and the fact that no land is being disturbed, a motion was made by Heather Lesch, seconded by Robert Dando, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Robert Smith, seconded by Robert Dando, to grant a Minor Subdivision to Sandra Pavlock, for sub-division of 9.46 acres into two parcels: 5.0 acres, and 4.46 acres, as presented with a Planning Board application for property located at 9554 Stone Rd, Fredonia, NY 14063 SBL: 147.00-2-1. The motion carried unanimously by roll call vote with the condition that the sub-division of this land shall be recorded by deed in the County of Chautauqua within 90 days of the filing of this resolution.
ROLL CALL:
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
Ashley Willebrandt AYE
OTHER BUSINESS: Chairman Joy brought to the board’s attention an invitation and encouragement from Town Supervisor Dan Pacos for the Planning Board to attend the next Town Board meeting scheduled for Wednesday, November 6, 2024 at 6:00PM. The purpose is to answer any questions the Town Board has about this board’s recommendations for the Zoning Code Update. He and Robert Dando indicated they plan to go.
The ongoing need for design standards was mentioned. It’s agreed it would be helpful for the Code Enforcement Officer to have guidelines to give applicants before they come to the Planning Board or Zoning Board of Appeals. Heather Lesch pulled up the documents/guidelines East Aurora, NY has on their website. Chairman Joy and Clerk Waite will review them.
The next meeting is scheduled for December 2, 2024. There are currently no pending applications. A decision about cancellation if no applications are received will be made closer to Thanksgiving.
ADJOURNMENT: Robert Smith made a motion to close the Public Hearing at 7:20 P.M., seconded by Robert Dando. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Nicole Waite
Planning Clerk, Town of Pomfret
May 6, 2024, Hearing #3 of 2024
MINUTES
PRESENT: James Joy (Chairman), Heather Lesch, Robert Dando, Robert Smith,
Ashley Willebrandt, Nicole Waite (Planning Clerk)
PUBLIC PRESENT: Anthony Polvino, Bradley Westling, Eric Vara, Jamie Hubbard, Diana Hubbard, James Robbins, Donna Marie Hartnett, Carol Wise, Michael Wise, Cindy Bartkowski, Dan Bartkowski
CALL TO ORDER: Chairman Joy called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MINUTES: A motion to accept the minutes of Public Hearing #4-24 Dustin Schauman was made by Robert Dando and seconded by Ashley Willebrandt. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#03-24) will be held by the Pomfret Planning Board on June 3, 2024, at 6:30 P.M at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the appeal of: Eric Vara, for property located at located at 8777 Hahn Rd, Fredonia, NY 14063 for a Minor Subdivision.
This property is described on the tax map as
SBL: 164.00-1-24. The proposed action is to divide two (2) lots within the 82.7+/- acres of land. The first lot: 42.731 acres, the second: 42.369 acres. Under the Town of Pomfret Zoning Code, the land is currently Zoned as AR-1.
This Minor Subdivision application is open for inspection at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.
PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed request will be reviewed by the Board at said hearing.
Any person may appear in person, agent, or attorney. Please contact the Planning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Planning Clerk or at such hearing. All interested persons shall be heard.”
CORRESPONDANCE: None
SEQR PART 1 REVIEW: The board reviewed the SEQR Part 1 submitted by the applicant. #13b was left blank. The board discussed and agreed the answer was ‘No’. #13a & b were left blank. The agreed upon answer for both is ‘No’. #14 had only ‘Agricultural/grasslands’ checked, however the board agreed ‘Forest’ should also be checked based on the current conditions of the parcel.
PROJECT DISCUSSION: Chairman Joy read aloud the cover letter from Attorney Donna Marie Hartnett.
“My clients, Eric Vara, Anthony Polvino and Bradley Westling are currently under contract to purchase 42.369 acres of vacant land from the Estate of Diane M. Elliot, James D Robbins as Executor.
The current parcel, as referenced above, is 82.7 acres and contains a residence on Hahn Road. My clients wish to purchase acreage to the south, which is vacant and fully wooded. They intend to use the property for hunting and recreational purposes.
I have attached an updated survey showing the entire tax parcel and showing the proposed new parcel to be conveyed. I have also included an aerial printout showing the location of the house with respect to the parcel to be conveyed. There is access to the property from Fredonia-Stockton Road.”
The board reviewed the application and supplemental attachments. The proposed action meets the minimum 2 acre and 200 frontage requirements. They had no further questions.
PUBLIC COMMENT: Diane Hubbard, 8651 Fredonia-Stockton Rd, commented that everyone in attendance is in support of the minor subdivision.
SEQR DECLARATION: A motion was made by Robert Smith, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Robert Dando, seconded by Robert Smith, to grant a Minor Subdivision with conditions to Eric Vara, for sub-division of 82.7 acres into two parcels: 42.721 acres, and 42.369 acres, as presented with a Planning Board application for property located at 8777 Hahn Rd, Fredonia, NY 14063 SBL: 164.00-1-24. The motion carried unanimously by roll call vote with the following conditions:
ROLL CALL:
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
Ashley Willebrandt AYE
ADJOURNMENT: Robert Smith made a motion to close the public hearing, seconded by Heather Lesch at 6:49 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Planning Clerk, Town of Pomfret
May 6, 2024, Hearing #4 of 24
APPLICANT:
Dustin Schauman
8055 Barnum Rd
Cassadaga, NY 14718
SBL: 182.00-1-11
Minor Sub-Division
PROPERTY OWNER:
Dustin Schauman
8010 Barnum Rd
Cassadaga, NY 14718
PRESENT: James Joy (Chairman), Heather Lesch, Robert Dando, Robert Smith,
Ashley Willebrandt, Nicole Waite (Planning Clerk)
PUBLIC PRESENT: Dustin Schauman
CALL TO ORDER: Chairman Joy called the meeting to order at 7:00 P.M.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#04-24) will be held by the Pomfret Planning Board on May 6, 2024, at 7:00 P.M at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the appeal of: Dustin Schauman, whose property is located at 8055 Barnum Rd, Cassadaga, NY 14718 for a Minor Subdivision.
This property is described on the tax map as
SBL: 182.00-1-11. The proposed action is to divide two (2) lots within the 23.7+/- acres of land. The first lot: 2.0 acres, the second: 21.7 acres. Under the Town of Pomfret Zoning Code, the land is currently Zoned as AR-1.
This Minor Subdivision application is for inspection at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.
PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed request under SEQRA will be reviewed by the Board at said hearing.
Any person may appear in person, agent, or attorney. Please contact the Planning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Planning Clerk or at such hearing. All interested persons shall be heard.”
CORRESPONDANCE: None received
SEQR PART 1 REVIEW: The SEQR Part 1 that was included with the application was not accurate, as it described the proposed action as subdividing the 23.7 acres of land into two parcels: 1.0 acres and 22.7 acres. The applicant was directed to complete an updated form to reflect the subdivision into two parcels: 2.0 acres and 21.7 acres. The newest SEQR Part 1 was reviewed by the Board.
PROJECT DISCUSSION: The Board reviewed Dustin Schauman’s application materials for the proposed Minor Subdivision of 8055 Barnum Rd, Cassadaga, NY SBL: 182.00-1-11. They questioned page 2 of the application where Mr. Schauman marked ‘No’ for Water Well and Septic System, then wrote ‘existing’ next to both. Mr. Schauman indicated he thought that he chose ‘No’ since they were both already existing, and no new would be constructed. Both were updated to ‘Yes’.
Mr. Schauman explained that this application is the same as the one reviewed at a Planning Board public hearing on January 9, 2023, with the only difference being that the proposed subdivision of the 23.7-acre parcel is now two parcels, one 2.0 acres and the other 21.7 acres. Previously, the proposed new parcel sizes were 1.0 acre and 22.7 acres. After the 2023 hearing the applicant was informed that the smallest parcel needed to be at least 2 acres in order to adhere to Chautauqua County Health Department requirements. The current application satisfies this requirement.
PUBLIC COMMENT: None
SEQR DECLARATION: A motion made by Robert Dando, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Robert Dando, seconded by Heather Lesch, to grant a Minor Subdivision with conditions to Dustin Schauman, for sub-division of 23.7 acres into two parcels: 2.0 acres, and 21.7 acres, as presented with a Planning Board application for property located at 8055 Barnum Rd, Cassadaga, NY 14718 SBL: 182.00-1-11. The motion carried unanimously by roll call vote with the following conditions:
ROLL CALL:
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
Ashley Willebrandt AYE
ADJOURNMENT: Chairman Joy motioned to close the Public Hearing at 7:50 P.M., seconded by Robert Dando. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Planning Clerk, Town of Pomfret
January 8, 2024 Hearing #1 of 24
Minutes of Planning Board Meeting
APPLICANT: Minor Sub-Division SBL: 114.00-3-14
R. Timothy Eades
11 E. Main St.
P.O. Box 149
Fredonia, NY 14063
PROPERTY OWNER:
Estate of Caroline Margaret Wood
3624 East Main Rd.
Fredonia, N.Y. 14063
PRESENT: James Joy-Chairman-, Heather Lesch, Robert Dando, Robert Smith,
Planning Clerk-Teresa Bunge
PUBLIC PRESENT: Don Bull, Andrew Munch
Chairman Joy called the meeting to order at 6:30 P.M.
PUBLIC COMMENT: Andrew Munch showed the Board that his grandfather (Don Bull) owns all the surrounding properties (Bull Farms, LLC). He will have access to the vineyard.
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
Teresa Bunge
Teresa Bunge
Planning Clerk, Town of Pomfret
March 4, 2024 Hearing #2 of 24
MINUTES
APPLICANT: Minor Sub-Division SBL: 164.00-3-22; 181.00-2-39; 181.00-2-4
William Smith
9623 Lake Shore Rd.
Angola, NY 14006
PROPERTY OWNER:
William Smith
9623 Lake Shore Rd.
Angola, NY 14006
PRESENT: James Joy-Chairman-, Heather Lesch, Robert Dando, Robert Smith
PUBLIC PRESENT: Two neighbors
CALL TO ORDER: Chairman Joy called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MINUTES: The minutes from Public Hearing #1-24 (1/8/24) were not available. They will be reviewed at a future meeting.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
CHAUTAUQUA COUNTY MUNICIPAL REFERRAL FINDINGS: Chairman Joy read Municipal Referral 239. The County has deemed it a matter of local concern.
PROJECT DISCUSSION: Review of the Minor Subdivision for William Smith, 9623 Lake Shore Rd., Angola, NY 14006. The proposed action is to divide three lots within the 40.991+/- acres of land. The first lot: 2.03 acres, the second: 3.04 acres, and the third lot: 35.91 acres.
PUBLIC COMMENT: No comments.
SEQR DECLARATION: A motion made by Robert Smith, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Heather Lesch, seconded by Robert Dando, to approve the minor subdivision with one condition, the 35.91 third parcel must be retired and combined into one. The motion was carried by roll call vote.
ROLL CALL:
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
OTHER BUSINESS: The board discussed the appointment of Ashley Willebrandt to fill the current vacancy. The motion carried unanimously.
Due to a lack of business, the April 8, 2024 Public Hearing will be canceled. The next hearing is scheduled for May 6, 2024.
ADJOURNMENT: Robert Smith motioned to close the Public Hearing at 6:50 P.M., seconded by Heather Lesch. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Planning Clerk, Town of Pomfret
March 7, 2023-#2 of 2023
WHEREAS, Robert Ellis, owner of property located at 4340 Bacheller Hill Rd, Stockton, NY 14784 (SBL: 181.00-1-42, 181.00-1-43), did present for approval pursuant to Local Law of the Town of Pomfret an application for a Minor Subdivision in said Town, and
WHEREAS, the Planning Board of the Town of Pomfret finds that the application for a minor subdivision is complete and that it includes a survey made by Matthew G. White, PLS 611 Clymer Hill Rd, Clymer, NY 14724, a licensed land surveyor in the State of New York showing the proposed subdivision of the lot, and
WHEREAS, the Planning Board of the Town of Pomfret did review said application at a regularly scheduled Public Hearing of said Board and determined that the subdivision of the; one consisting of 40 vacant acres, the other consisting of the remaining five vacant acres was conforming and therefore possible to subdivide into lot 1 Area=11.483 acres, lot 2 Area =24.322 acres and lot 3 Area=9.182.
NOW, THEREFORE, be it resolved that the request for a minor subdivision of the one parcel of land owned by Robert Ellis, owner of property located at 4340 Bacheller Hill Rd, Stockton, NY 14784, with an original (SBL: 181.00-1-42, 181.00-1-43), in the Town of Pomfret, County of Chautauqua, to be conformed consisting of 40 acres, and the remaining five acres be subdivided into lot 1 Area=11.483 acres, lot 2 Area =24.322 acres and lot 3 Area=9.182.
Motion made by Jim Joy seconded by Heather Lesch with the following conditions:
Jim Joy YES
Rob Smith YES
Janet Szymanski YES
Heather Lesch YES
June 5, 2023-#3 of 23
MINOR SUBDIVISION RESOLUTION
WHEREAS, Chad Bongiovanni, owner of property located adjacent to 9686 Seymour Rd, Fredonia, NY (SBL: 130.00-3-4.1), did present for approval pursuant to Local Law of the Town of Pomfret an application for a minor subdivision in said Town, and
WHEREAS, the Planning Board of the Town of Pomfret finds that the application for a minor subdivision is complete and that it includes a survey made by, GPI Greenman-Pederen, Inc., 200 Harrison St., Suite H2, Jamestown, licensed land surveyor in the State of New York showing the proposed subdivision of the lot, and
WHEREAS, the Planning Board of the Town of Pomfret did review said application at a regularly scheduled public meeting of said Board and determined that the subdivision of the 9.6-acre parcel into two lots, one consisting of 3.88 acres and the other consisting of the remaining 5.6 vacant acres was conforming and therefore possible.
NOW, THEREFORE, be it resolved that the request for minor subdivision of the 9.6-acre parcel of vacant land owned by Chad Bongiovanni and located adjacent to 9686 Seymour Rd, Fredonia, New York, with an original SBL of 130.00-3-4.1, in the Town of Pomfret, County of Chautauqua, into two parcels consisting of 3.88 acres, and the remaining 5.6 acres be and the same is hereby approved. Motion made by Heather Lesch and seconded by Rob Smith –with the following conditions:
Jim Joy AYE
Robert Dando AYE
Rob Smith AYE
Janet Szymanski AYE
Heather Lesch ABSENT
APPLICANT & PROPERTY OWNER:
Sandra Pavlock
9554 Stone Rd
Fredonia, NY 14063
SBL: 147.00-2-1
Minor Sub-Division
PRESENT: James Joy (Chairman), Heather Lesch, Robert Dando, Robert Smith,
Ashley Willebrandt, Nicole Waite (Planning Clerk)
PUBLIC PRESENT: Julia McFarland, Ray Coniglio
CALL TO ORDER: Chairman Joy called the meeting to order at 6:31 P.M.
ACCEPTANCE OF MINUTES: A motion to accept the minutes of Workshop #1-24 was made by Robert Dando and seconded by Robert Smith. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#05-24) will be held by the Pomfret Planning Board on November 4, 2024, at 6:30 P.M at the Pomfret Town Hall, 9 Day Street, Fredonia, NY 14063 to consider the appeal of: Sandra Pavlock, whose property is located at 9554 Stone Rd, Fredonia, NY 14063 for a Minor Subdivision.
This property is described on the tax map as SBL: 147.00-2-1.
The proposed action is to divide two (2) lots within the 9.46+/- acres of land. The first lot: 5.0 acres, the second: 4.46 acres. Under the Town of Pomfret Zoning Code, the land is currently Zoned as AR-1.
This Minor Subdivision application is for inspection at Pomfret Town Hall, 9 Day Street, Fredonia, NY 14063.
PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed request under SEQRA will be reviewed by the Board at said hearing.
Any person may appear in person, agent, or attorney. Please contact the Planning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Planning Clerk or at such hearing. All interested persons shall be heard.”
Chairman Joy read the list of neighbors within 500 feet of the parcel, all of whom received notice of tonight’s hearing.
PROJECT DISCUSSION: The Board reviewed Sandra Pavlock’s application materials for the proposed Minor Subdivision of 9554 Stone Rd, Fredonia, NY SBL: 147.00-2-1. Based on the survey, the frontage of lot 1 will be 301.24ft and lot 2 will be 339ft. This exceeds the minimum front lot width requirement of 200ft. Lot 1 will be 4.46 acres, lot 2 will be 5.0 acres. This exceeds the minimum lot size requirement of 2 acres. The parcel does not have public water or sewer. Lot 1 has Ms. Pavlock’s house. Lot 2 consists of a vacant forest. Neither parcel is land locked. Based on the facts presented, the proposed subdivision would not create non-conforming lots.
Chairman Joy asked Julia McFarland what the long-term plan is for the proposed 5.0-acre parcel. Ms. McFarland explained that her son is under contract to purchase the proposed parcel from Ms. Pavlock. She said in 1.5 years he plans to clear space for and build a single-family home. Heather Lesch pointed out that if he does move forward with new construction, it will be important to ensure the building location adheres to all area requirements, and any septic tanks are built far enough away from the lot boundaries. Those decisions would be made during the building permitting process. Chairman Joy commented that Chautauqua County Department of Health would work out acceptable locations for septic tanks.
A correction was made to the Agricultural Data Statement. At the top ‘Town of Portland’ was changed to ‘Town of Pomfret’.
CORRESPONDANCE: Chairman Joy received a text message from Phil Wright, 9451 Stone Rd, Fredonia in support of the subdivision. No other correspondence was received.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by Sandra Pavlock and determined all her answers were accurate.
PUBLIC COMMENT: No comments were made.
SEQR DECLARATION: The board reviewed SEQR Part 2 and discussed each question. The decision for each was ‘No, or small impact may occur’. Based on the answers from Part 2 SEQR, and the fact that no land is being disturbed, a motion was made by Heather Lesch, seconded by Robert Dando, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Robert Smith, seconded by Robert Dando, to grant a Minor Subdivision to Sandra Pavlock, for sub-division of 9.46 acres into two parcels: 5.0 acres, and 4.46 acres, as presented with a Planning Board application for property located at 9554 Stone Rd, Fredonia, NY 14063 SBL: 147.00-2-1. The motion carried unanimously by roll call vote with the condition that the sub-division of this land shall be recorded by deed in the County of Chautauqua within 90 days of the filing of this resolution.
ROLL CALL:
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
Ashley Willebrandt AYE
OTHER BUSINESS: Chairman Joy brought to the board’s attention an invitation and encouragement from Town Supervisor Dan Pacos for the Planning Board to attend the next Town Board meeting scheduled for Wednesday, November 6, 2024 at 6:00PM. The purpose is to answer any questions the Town Board has about this board’s recommendations for the Zoning Code Update. He and Robert Dando indicated they plan to go.
The ongoing need for design standards was mentioned. It’s agreed it would be helpful for the Code Enforcement Officer to have guidelines to give applicants before they come to the Planning Board or Zoning Board of Appeals. Heather Lesch pulled up the documents/guidelines East Aurora, NY has on their website. Chairman Joy and Clerk Waite will review them.
The next meeting is scheduled for December 2, 2024. There are currently no pending applications. A decision about cancellation if no applications are received will be made closer to Thanksgiving.
ADJOURNMENT: Robert Smith made a motion to close the Public Hearing at 7:20 P.M., seconded by Robert Dando. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Nicole Waite
Planning Clerk, Town of Pomfret
May 6, 2024, Hearing #3 of 2024
MINUTES
PRESENT: James Joy (Chairman), Heather Lesch, Robert Dando, Robert Smith,
Ashley Willebrandt, Nicole Waite (Planning Clerk)
PUBLIC PRESENT: Anthony Polvino, Bradley Westling, Eric Vara, Jamie Hubbard, Diana Hubbard, James Robbins, Donna Marie Hartnett, Carol Wise, Michael Wise, Cindy Bartkowski, Dan Bartkowski
CALL TO ORDER: Chairman Joy called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MINUTES: A motion to accept the minutes of Public Hearing #4-24 Dustin Schauman was made by Robert Dando and seconded by Ashley Willebrandt. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#03-24) will be held by the Pomfret Planning Board on June 3, 2024, at 6:30 P.M at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the appeal of: Eric Vara, for property located at located at 8777 Hahn Rd, Fredonia, NY 14063 for a Minor Subdivision.
This property is described on the tax map as
SBL: 164.00-1-24. The proposed action is to divide two (2) lots within the 82.7+/- acres of land. The first lot: 42.731 acres, the second: 42.369 acres. Under the Town of Pomfret Zoning Code, the land is currently Zoned as AR-1.
This Minor Subdivision application is open for inspection at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.
PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed request will be reviewed by the Board at said hearing.
Any person may appear in person, agent, or attorney. Please contact the Planning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Planning Clerk or at such hearing. All interested persons shall be heard.”
CORRESPONDANCE: None
SEQR PART 1 REVIEW: The board reviewed the SEQR Part 1 submitted by the applicant. #13b was left blank. The board discussed and agreed the answer was ‘No’. #13a & b were left blank. The agreed upon answer for both is ‘No’. #14 had only ‘Agricultural/grasslands’ checked, however the board agreed ‘Forest’ should also be checked based on the current conditions of the parcel.
PROJECT DISCUSSION: Chairman Joy read aloud the cover letter from Attorney Donna Marie Hartnett.
“My clients, Eric Vara, Anthony Polvino and Bradley Westling are currently under contract to purchase 42.369 acres of vacant land from the Estate of Diane M. Elliot, James D Robbins as Executor.
The current parcel, as referenced above, is 82.7 acres and contains a residence on Hahn Road. My clients wish to purchase acreage to the south, which is vacant and fully wooded. They intend to use the property for hunting and recreational purposes.
I have attached an updated survey showing the entire tax parcel and showing the proposed new parcel to be conveyed. I have also included an aerial printout showing the location of the house with respect to the parcel to be conveyed. There is access to the property from Fredonia-Stockton Road.”
The board reviewed the application and supplemental attachments. The proposed action meets the minimum 2 acre and 200 frontage requirements. They had no further questions.
PUBLIC COMMENT: Diane Hubbard, 8651 Fredonia-Stockton Rd, commented that everyone in attendance is in support of the minor subdivision.
SEQR DECLARATION: A motion was made by Robert Smith, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Robert Dando, seconded by Robert Smith, to grant a Minor Subdivision with conditions to Eric Vara, for sub-division of 82.7 acres into two parcels: 42.721 acres, and 42.369 acres, as presented with a Planning Board application for property located at 8777 Hahn Rd, Fredonia, NY 14063 SBL: 164.00-1-24. The motion carried unanimously by roll call vote with the following conditions:
- The sub-division of this land shall be recorded by deed in the County of Chautauqua within 90 days of the filing of this resolution.
ROLL CALL:
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
Ashley Willebrandt AYE
ADJOURNMENT: Robert Smith made a motion to close the public hearing, seconded by Heather Lesch at 6:49 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Planning Clerk, Town of Pomfret
May 6, 2024, Hearing #4 of 24
APPLICANT:
Dustin Schauman
8055 Barnum Rd
Cassadaga, NY 14718
SBL: 182.00-1-11
Minor Sub-Division
PROPERTY OWNER:
Dustin Schauman
8010 Barnum Rd
Cassadaga, NY 14718
PRESENT: James Joy (Chairman), Heather Lesch, Robert Dando, Robert Smith,
Ashley Willebrandt, Nicole Waite (Planning Clerk)
PUBLIC PRESENT: Dustin Schauman
CALL TO ORDER: Chairman Joy called the meeting to order at 7:00 P.M.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#04-24) will be held by the Pomfret Planning Board on May 6, 2024, at 7:00 P.M at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the appeal of: Dustin Schauman, whose property is located at 8055 Barnum Rd, Cassadaga, NY 14718 for a Minor Subdivision.
This property is described on the tax map as
SBL: 182.00-1-11. The proposed action is to divide two (2) lots within the 23.7+/- acres of land. The first lot: 2.0 acres, the second: 21.7 acres. Under the Town of Pomfret Zoning Code, the land is currently Zoned as AR-1.
This Minor Subdivision application is for inspection at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.
PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed request under SEQRA will be reviewed by the Board at said hearing.
Any person may appear in person, agent, or attorney. Please contact the Planning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Planning Clerk or at such hearing. All interested persons shall be heard.”
CORRESPONDANCE: None received
SEQR PART 1 REVIEW: The SEQR Part 1 that was included with the application was not accurate, as it described the proposed action as subdividing the 23.7 acres of land into two parcels: 1.0 acres and 22.7 acres. The applicant was directed to complete an updated form to reflect the subdivision into two parcels: 2.0 acres and 21.7 acres. The newest SEQR Part 1 was reviewed by the Board.
PROJECT DISCUSSION: The Board reviewed Dustin Schauman’s application materials for the proposed Minor Subdivision of 8055 Barnum Rd, Cassadaga, NY SBL: 182.00-1-11. They questioned page 2 of the application where Mr. Schauman marked ‘No’ for Water Well and Septic System, then wrote ‘existing’ next to both. Mr. Schauman indicated he thought that he chose ‘No’ since they were both already existing, and no new would be constructed. Both were updated to ‘Yes’.
Mr. Schauman explained that this application is the same as the one reviewed at a Planning Board public hearing on January 9, 2023, with the only difference being that the proposed subdivision of the 23.7-acre parcel is now two parcels, one 2.0 acres and the other 21.7 acres. Previously, the proposed new parcel sizes were 1.0 acre and 22.7 acres. After the 2023 hearing the applicant was informed that the smallest parcel needed to be at least 2 acres in order to adhere to Chautauqua County Health Department requirements. The current application satisfies this requirement.
PUBLIC COMMENT: None
SEQR DECLARATION: A motion made by Robert Dando, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Robert Dando, seconded by Heather Lesch, to grant a Minor Subdivision with conditions to Dustin Schauman, for sub-division of 23.7 acres into two parcels: 2.0 acres, and 21.7 acres, as presented with a Planning Board application for property located at 8055 Barnum Rd, Cassadaga, NY 14718 SBL: 182.00-1-11. The motion carried unanimously by roll call vote with the following conditions:
- The sub-division of this land shall be recorded by deed in the County of Chautauqua within 90 days of the filing of this resolution.
ROLL CALL:
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
Ashley Willebrandt AYE
ADJOURNMENT: Chairman Joy motioned to close the Public Hearing at 7:50 P.M., seconded by Robert Dando. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Planning Clerk, Town of Pomfret
January 8, 2024 Hearing #1 of 24
Minutes of Planning Board Meeting
APPLICANT: Minor Sub-Division SBL: 114.00-3-14
R. Timothy Eades
11 E. Main St.
P.O. Box 149
Fredonia, NY 14063
PROPERTY OWNER:
Estate of Caroline Margaret Wood
3624 East Main Rd.
Fredonia, N.Y. 14063
PRESENT: James Joy-Chairman-, Heather Lesch, Robert Dando, Robert Smith,
Planning Clerk-Teresa Bunge
PUBLIC PRESENT: Don Bull, Andrew Munch
Chairman Joy called the meeting to order at 6:30 P.M.
- A motion made by Robert Dando, seconded by Heather Lesch, to accept the minutes from 12/5/25 (#5-23 Genovese). The motion carried unanimously.
- Chairman Joy read the Public Hearing notice.
- Jim Joy read Municipal Referral 239. The County has deemed it a matter of local concern.
- Review of the Minor Subdivision for The Estate of Caroline M. Wood., 3624 East Main Rd., Fredonia, N.Y. 14063. The proposed action is to divide the house and two acres of land along Route 20 from the existing 4.93-acre vineyard to the rear.
- The Proposed lots to be conveyed to Andrew Munch did not appear to have access from any road. The Board asked him to come up and show how he would gain access to it.
PUBLIC COMMENT: Andrew Munch showed the Board that his grandfather (Don Bull) owns all the surrounding properties (Bull Farms, LLC). He will have access to the vineyard.
- Andrew Munch was asked to get a verification statement from Attorney Timothy Eades to gain access through the vineyard on Swamp Road.
- A motion made by Jim Joy, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
- A motion made by Jim Joy, seconded by Robert Dando, to approve the minor subdivision with the house and two acres of land along Route 20 from the existing 4.93-acre vineyard to the rear with one condition, the newly subdivided parcel has access to the adjoining properties located in another jurisdiction (Town of Dunkirk) and has access to Swamp Road. A verification statement of accessibility through the Vinyard be granted in writing. The motion was carried by roll call vote.
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
- Robert Smith motioned to close the Public Hearing at 6:55 P.M., seconded by Heather Lesch. The motion carried unanimously.
Teresa Bunge
Teresa Bunge
Planning Clerk, Town of Pomfret
March 4, 2024 Hearing #2 of 24
MINUTES
APPLICANT: Minor Sub-Division SBL: 164.00-3-22; 181.00-2-39; 181.00-2-4
William Smith
9623 Lake Shore Rd.
Angola, NY 14006
PROPERTY OWNER:
William Smith
9623 Lake Shore Rd.
Angola, NY 14006
PRESENT: James Joy-Chairman-, Heather Lesch, Robert Dando, Robert Smith
PUBLIC PRESENT: Two neighbors
CALL TO ORDER: Chairman Joy called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MINUTES: The minutes from Public Hearing #1-24 (1/8/24) were not available. They will be reviewed at a future meeting.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
CHAUTAUQUA COUNTY MUNICIPAL REFERRAL FINDINGS: Chairman Joy read Municipal Referral 239. The County has deemed it a matter of local concern.
PROJECT DISCUSSION: Review of the Minor Subdivision for William Smith, 9623 Lake Shore Rd., Angola, NY 14006. The proposed action is to divide three lots within the 40.991+/- acres of land. The first lot: 2.03 acres, the second: 3.04 acres, and the third lot: 35.91 acres.
PUBLIC COMMENT: No comments.
SEQR DECLARATION: A motion made by Robert Smith, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Heather Lesch, seconded by Robert Dando, to approve the minor subdivision with one condition, the 35.91 third parcel must be retired and combined into one. The motion was carried by roll call vote.
ROLL CALL:
Jim Joy AYE
Rob Smith AYE
Heather Lesch AYE
Robert Dando AYE
OTHER BUSINESS: The board discussed the appointment of Ashley Willebrandt to fill the current vacancy. The motion carried unanimously.
Due to a lack of business, the April 8, 2024 Public Hearing will be canceled. The next hearing is scheduled for May 6, 2024.
ADJOURNMENT: Robert Smith motioned to close the Public Hearing at 6:50 P.M., seconded by Heather Lesch. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Planning Clerk, Town of Pomfret
March 7, 2023-#2 of 2023
WHEREAS, Robert Ellis, owner of property located at 4340 Bacheller Hill Rd, Stockton, NY 14784 (SBL: 181.00-1-42, 181.00-1-43), did present for approval pursuant to Local Law of the Town of Pomfret an application for a Minor Subdivision in said Town, and
WHEREAS, the Planning Board of the Town of Pomfret finds that the application for a minor subdivision is complete and that it includes a survey made by Matthew G. White, PLS 611 Clymer Hill Rd, Clymer, NY 14724, a licensed land surveyor in the State of New York showing the proposed subdivision of the lot, and
WHEREAS, the Planning Board of the Town of Pomfret did review said application at a regularly scheduled Public Hearing of said Board and determined that the subdivision of the; one consisting of 40 vacant acres, the other consisting of the remaining five vacant acres was conforming and therefore possible to subdivide into lot 1 Area=11.483 acres, lot 2 Area =24.322 acres and lot 3 Area=9.182.
NOW, THEREFORE, be it resolved that the request for a minor subdivision of the one parcel of land owned by Robert Ellis, owner of property located at 4340 Bacheller Hill Rd, Stockton, NY 14784, with an original (SBL: 181.00-1-42, 181.00-1-43), in the Town of Pomfret, County of Chautauqua, to be conformed consisting of 40 acres, and the remaining five acres be subdivided into lot 1 Area=11.483 acres, lot 2 Area =24.322 acres and lot 3 Area=9.182.
Motion made by Jim Joy seconded by Heather Lesch with the following conditions:
- The Subdivision of all portions of this land shall be recorded by deed in the County of Chautauqua within 90 days of the date of filing of this resolution
Jim Joy YES
Rob Smith YES
Janet Szymanski YES
Heather Lesch YES
June 5, 2023-#3 of 23
MINOR SUBDIVISION RESOLUTION
WHEREAS, Chad Bongiovanni, owner of property located adjacent to 9686 Seymour Rd, Fredonia, NY (SBL: 130.00-3-4.1), did present for approval pursuant to Local Law of the Town of Pomfret an application for a minor subdivision in said Town, and
WHEREAS, the Planning Board of the Town of Pomfret finds that the application for a minor subdivision is complete and that it includes a survey made by, GPI Greenman-Pederen, Inc., 200 Harrison St., Suite H2, Jamestown, licensed land surveyor in the State of New York showing the proposed subdivision of the lot, and
WHEREAS, the Planning Board of the Town of Pomfret did review said application at a regularly scheduled public meeting of said Board and determined that the subdivision of the 9.6-acre parcel into two lots, one consisting of 3.88 acres and the other consisting of the remaining 5.6 vacant acres was conforming and therefore possible.
NOW, THEREFORE, be it resolved that the request for minor subdivision of the 9.6-acre parcel of vacant land owned by Chad Bongiovanni and located adjacent to 9686 Seymour Rd, Fredonia, New York, with an original SBL of 130.00-3-4.1, in the Town of Pomfret, County of Chautauqua, into two parcels consisting of 3.88 acres, and the remaining 5.6 acres be and the same is hereby approved. Motion made by Heather Lesch and seconded by Rob Smith –with the following conditions:
- The sub-division of all portions of this land shall be recorded by deed in the County of Chautauqua within 90 days of the date of filing of this resolution.
Jim Joy AYE
Robert Dando AYE
Rob Smith AYE
Janet Szymanski AYE
Heather Lesch ABSENT