Planning/Zoning Clerk
Teresa Bunge
9 Day Street
Fredonia, NY 14063
Phone:716-672-7496 x7
Email: deputyclerk@townofpomfretny.org
9 Day Street
Fredonia, NY 14063
Phone:716-672-7496 x7
Email: deputyclerk@townofpomfretny.org
Pomfret Zoning Board
David Fridmann-Chairman
Michaelene Comerford
Vacancy
Raymond Lewandowski
Ruth Eckstrom
Alex Moon-Alternate
-The Zoning Board of Appeals shall act in strict accordance with procedures specified by Law and the Town of Pomfret Zoning Law.
The major duties of the Board shall be to hear and decide on variance requests as well as interpret the meaning of the Town Zoning Law as requested.
Additionally, they shall hear requests for selected Special Use Permits when a Variance (Use or Area) is also requested.
Michaelene Comerford
Vacancy
Raymond Lewandowski
Ruth Eckstrom
Alex Moon-Alternate
-The Zoning Board of Appeals shall act in strict accordance with procedures specified by Law and the Town of Pomfret Zoning Law.
The major duties of the Board shall be to hear and decide on variance requests as well as interpret the meaning of the Town Zoning Law as requested.
Additionally, they shall hear requests for selected Special Use Permits when a Variance (Use or Area) is also requested.
Applications for Zoning Board of Appeals
For Applications for:
Special Use Permit
Use Variance or
Area Variance
Please contact Teresa Bunge, deputyclerk@townofpomfretny.org
or Town Clerk, Allison Vento, townclerk@townofpomfretny.org for the most current applications.
Special Use Permit
Use Variance or
Area Variance
Please contact Teresa Bunge, deputyclerk@townofpomfretny.org
or Town Clerk, Allison Vento, townclerk@townofpomfretny.org for the most current applications.
Zoning Board of Appeals Meetings
Town of Pomfret Zoning Board of Appeals 2023 meetings are scheduled for the first Tuesday of each month at 6:30 except where indicated:
September 12th
October 3rd
November 14th
December 5th
September 12th
October 3rd
November 14th
December 5th
Zoning Board Resultons/Minutes
March 7, 2023- #01-23
Whereas, on March 7, 2023 at 6:30 P.M. hearing # 01-23 for an Area Variance application was duly conducted by the Town of Pomfret Zoning Board of Appeals. Request for an Area Variance was made by Richard Whitver of 8248 Glasgow Road, Cassadaga on the Lake, N.Y. 14718 seeking approval for the addition of a two-car garage, master bedroom with en-suite, a mudroom with laundry, the replacement of windows and deck located at 8248 Glasgow Road, Cassadaga on the Lake, N.Y. 14718 in an R1 Zone also known as Section 181.11 - Block 1 – Lot 13
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals, as proposed by Ruth Eckstrom and seconded by Michaelene Comerford, a motion to grant an Area Variance to Richard Whitver for the purpose and the addition of a two-car garage, master bedroom with en-suite, a mudroom with laundry, the replacement of windows and deck at 8248 Glasgow Road, Cassadaga on the Lake, N.Y. 14718, located in an R1 zone and known as SBL: 181.11-1-13 was approved by roll call vote indicated below with the following condition:
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski -AYE
5. David Fridmann, Chairman -AYE
March 7, 2023-#02-23
Whereas, on March 7, 2023 at 7:00 P.M. Hearing # 02-23 for an Area Variance Application was duly conducted by the Town of Pomfret Zoning Board of Appeals. Request for an Area Variance was made by Andrew Benchley of 17 Marthas Vineyard Fredonia, N.Y. 14063, seeking approval for the construction of a new garage, mudroom, and outdoor kitchen and pool house with a covered patio located at 17 Marathas Vineyard Fredonia, N.Y. 14063 in an R1 Zone also known as Section 112.20 - Block 1 – Lot 24
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals as proposed by Ruth Eckstrom and seconded by Matthew Estep, a motion to grant an Area Variance to Andrew Benchley for the purpose construction of a new garage, mudroom, and outdoor kitchen and pool house with a covered patio located at 17 Marthas Vineyard Fredonia, N.Y. 14063, located in an R1 Zone and known as SBL: 112.20-1-24 was approved by roll call vote indicated below with the following condition:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski - AYE
5. David Fridmann, Chairman - AYE
All statements are true and of fact, as entered into the record
March 7, 2023- #03-23
Whereas, on March 7, 2023 at 7:30 P.M. Hearing # 03-23 for a Special Use Permit application was duly conducted by the Town of Pomfret Zoning Board of Appeals. Request for a Special Use Permit was made by LNG Enterprises, Inc 10136 Route 60 Fredonia, N.Y. 14063, seeking approval to construct a 6000 + square foot exchange production warehouse with 1000 square feet of dedicated office space located in a I-1 Industrial Zone at 10136 Route 60 Fredonia, N.Y .14063, also known as
Section 114. - Block 3 – Lot 73.1
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals as proposed by Ruth Eckstrom and seconded by Michaelene Comerford, a motion to grant a Special Use Permit to LNG Enterprises for the purpose to construct a 6000 + square foot exchange production warehouse with 1000 square feet of dedicated office space located in a I-1 Industrial zone at 10136 Route 60 Fredonia, N.Y. 14063 (SBL: 114.03-73-1)
With the following conditions:
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski - AYE
5. David Fridmann, Chairman - AYE
May 2, 2023-#05-23
Whereas, on May 2, 2023, at 6:30 P.M., Hearing # 05-23 for a Special Use Permit application was duly conducted by the Town of Pomfret Zoning Board of Appeals. A request for a Special Use Permit was made by Andy’s VBB Market, LLC 5310 Route 5 Dunkirk, N.Y., seeking approval to keep a temporary/seasonal food trailer on the premises. located in a B1 Neighborhood Business 5310 Route 5 Dunkirk, N.Y., also known as 14063 (SBL: 111.08-3-10.1)
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals as proposed by Ruth Eckstrom and seconded by Michaelene Comerford, a motion to grant a Special Use Permit to Andy’s VBB Market, LLC for a temporary/seasonal food trailer to be on the premises. located in a B1 Neighborhood Business 5310 Route 5 Dunkirk, N.Y 14063. (SBL: 111.08-3-10.1) From May 15, 2023, through November, the food service to be limited to 9:00 A.M. to 7:00 P.M. daily
With the following conditions:
All statements are true and of fact, as entered into the record.
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski - AYE
5. David Fridmann, Chairman - AYE
March 1, 2022
Whereas, on March 1, 2022 at 6:30 pm hearing # 01-22 for an Area Variance application was duly conducted by the Town of Pomfret Zoning Board of Appeals. Request for an Area Variance was made by Dan Beckley of 10320 Second St., Dunkirk (VBB), NY 14063 seeking approval for the placement of two 5x5 signs for the drive-in business located at 5349 Van Buren Rd, Dunkirk, NY 14048 in an R3 zone also known as Section 111.00 - Block 1 – Lot 2.
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals as proposed by Ruth Eckstrom and seconded by Ray Lewandowski a motion to grant an Area Variance to Dan Beckley for the purpose of placing two 5’x 5’ signs advertising the Drive-in Theater located at 5349 Van Buren Rd., Dunkirk, located in an R3 zone and known as SBL: 110.00-1-2.
was approved with a positive decision by roll call vote indicated below with the following
CONDITIONS:
1. Ruth Eckstrom- ABSTAINED
2. Bob Reuther – YES
3. Michaelene Comerford – YES
4. Matthew Estep – YES
5. Ray Lewandowski - YES
6. David Fridmann, Chairman - YES
Respectfully Submitted, EvaDawn Bashaw
May 3, 2022
ZBA Members present: Dave Fridmann, Chair, Ray Levandowski, Ruth Eckstrom, Michaelene Comerford, Matt Estep, Bob Reuther
Public Present: Trisha Laurito, Julie McFarland, Kristy Carlson, Adam Rak
Chairman Fridmann call the meeting to order at 6:30 – Read the legal notice aloud. SEQR explained and conducted with a Negative Declaration determined
Applicant explained the project. Code Enforcement Officer provided his opinion that the project was inline with the neighborhood and felt it was of little concern to him.
No comment from the public
Ruth Eckstrom moved that the ZBA approve the renovation of the existing garage into a master site and build a new 2 car garage at 5056 West Main Rd, Fredonia. SBL: 129.00-1-43.1 with a set back of 77 feet from the edge of road. Seconded by Michaelene Comerford
R1. Ruth Eckstrom- Yes
2. Bob Reuther – YES
3. Michaelene Comerford – YES
4. Matthew Estep – YES
5. Ray Lewandowski - YES
6. David Fridmann, Chairman - YES
Unanimously approved
Michaelene moved to adjourn the meeting, seconded by Ray Lewandowski
Meeting adjourned at 6:50
Respectfully Submitted, EvaDawn Bashaw
Whereas, on March 7, 2023 at 6:30 P.M. hearing # 01-23 for an Area Variance application was duly conducted by the Town of Pomfret Zoning Board of Appeals. Request for an Area Variance was made by Richard Whitver of 8248 Glasgow Road, Cassadaga on the Lake, N.Y. 14718 seeking approval for the addition of a two-car garage, master bedroom with en-suite, a mudroom with laundry, the replacement of windows and deck located at 8248 Glasgow Road, Cassadaga on the Lake, N.Y. 14718 in an R1 Zone also known as Section 181.11 - Block 1 – Lot 13
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals, as proposed by Ruth Eckstrom and seconded by Michaelene Comerford, a motion to grant an Area Variance to Richard Whitver for the purpose and the addition of a two-car garage, master bedroom with en-suite, a mudroom with laundry, the replacement of windows and deck at 8248 Glasgow Road, Cassadaga on the Lake, N.Y. 14718, located in an R1 zone and known as SBL: 181.11-1-13 was approved by roll call vote indicated below with the following condition:
- Removal of an existing shed.
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski -AYE
5. David Fridmann, Chairman -AYE
March 7, 2023-#02-23
Whereas, on March 7, 2023 at 7:00 P.M. Hearing # 02-23 for an Area Variance Application was duly conducted by the Town of Pomfret Zoning Board of Appeals. Request for an Area Variance was made by Andrew Benchley of 17 Marthas Vineyard Fredonia, N.Y. 14063, seeking approval for the construction of a new garage, mudroom, and outdoor kitchen and pool house with a covered patio located at 17 Marathas Vineyard Fredonia, N.Y. 14063 in an R1 Zone also known as Section 112.20 - Block 1 – Lot 24
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals as proposed by Ruth Eckstrom and seconded by Matthew Estep, a motion to grant an Area Variance to Andrew Benchley for the purpose construction of a new garage, mudroom, and outdoor kitchen and pool house with a covered patio located at 17 Marthas Vineyard Fredonia, N.Y. 14063, located in an R1 Zone and known as SBL: 112.20-1-24 was approved by roll call vote indicated below with the following condition:
- Two deeds in the Town of Pomfret be retired and combined into one. If meets current guidelines the third deed shall be retired and merged with the town deed.
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski - AYE
5. David Fridmann, Chairman - AYE
All statements are true and of fact, as entered into the record
March 7, 2023- #03-23
Whereas, on March 7, 2023 at 7:30 P.M. Hearing # 03-23 for a Special Use Permit application was duly conducted by the Town of Pomfret Zoning Board of Appeals. Request for a Special Use Permit was made by LNG Enterprises, Inc 10136 Route 60 Fredonia, N.Y. 14063, seeking approval to construct a 6000 + square foot exchange production warehouse with 1000 square feet of dedicated office space located in a I-1 Industrial Zone at 10136 Route 60 Fredonia, N.Y .14063, also known as
Section 114. - Block 3 – Lot 73.1
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals as proposed by Ruth Eckstrom and seconded by Michaelene Comerford, a motion to grant a Special Use Permit to LNG Enterprises for the purpose to construct a 6000 + square foot exchange production warehouse with 1000 square feet of dedicated office space located in a I-1 Industrial zone at 10136 Route 60 Fredonia, N.Y. 14063 (SBL: 114.03-73-1)
With the following conditions:
- Receive a response from Chautauqua County Planning Board indicating an issue of concern.
- Signage shall comply with Section 300.50 of the Town of Pomfret Code as amended in 2018.
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski - AYE
5. David Fridmann, Chairman - AYE
May 2, 2023-#05-23
Whereas, on May 2, 2023, at 6:30 P.M., Hearing # 05-23 for a Special Use Permit application was duly conducted by the Town of Pomfret Zoning Board of Appeals. A request for a Special Use Permit was made by Andy’s VBB Market, LLC 5310 Route 5 Dunkirk, N.Y., seeking approval to keep a temporary/seasonal food trailer on the premises. located in a B1 Neighborhood Business 5310 Route 5 Dunkirk, N.Y., also known as 14063 (SBL: 111.08-3-10.1)
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals as proposed by Ruth Eckstrom and seconded by Michaelene Comerford, a motion to grant a Special Use Permit to Andy’s VBB Market, LLC for a temporary/seasonal food trailer to be on the premises. located in a B1 Neighborhood Business 5310 Route 5 Dunkirk, N.Y 14063. (SBL: 111.08-3-10.1) From May 15, 2023, through November, the food service to be limited to 9:00 A.M. to 7:00 P.M. daily
With the following conditions:
- Two tables placed as per the submitted application.
- Food trailer placement as per the submitted application.
- Certification of Insurance submitted to the Town of Pomfret demonstrating a minimum of $100,000.00 per occurrence liability.
- No outdoor speakers.
- Trash receptacles supplied and daily trash removal.
- No Portable Bathrooms on site.
All statements are true and of fact, as entered into the record.
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski - AYE
5. David Fridmann, Chairman - AYE
March 1, 2022
Whereas, on March 1, 2022 at 6:30 pm hearing # 01-22 for an Area Variance application was duly conducted by the Town of Pomfret Zoning Board of Appeals. Request for an Area Variance was made by Dan Beckley of 10320 Second St., Dunkirk (VBB), NY 14063 seeking approval for the placement of two 5x5 signs for the drive-in business located at 5349 Van Buren Rd, Dunkirk, NY 14048 in an R3 zone also known as Section 111.00 - Block 1 – Lot 2.
Now, therefore it is hereby resolved by the Town of Pomfret Zoning Board of Appeals as proposed by Ruth Eckstrom and seconded by Ray Lewandowski a motion to grant an Area Variance to Dan Beckley for the purpose of placing two 5’x 5’ signs advertising the Drive-in Theater located at 5349 Van Buren Rd., Dunkirk, located in an R3 zone and known as SBL: 110.00-1-2.
was approved with a positive decision by roll call vote indicated below with the following
CONDITIONS:
- Any additional/future signage, adjustments or altercations to signage associated with Project 21-027 (building permit identification) or any project(s) related to the property known as5349 Van Buren Rd, Dunkirk, NY 14048 shall come before the Zoning Board of Appeals prior to installment.
1. Ruth Eckstrom- ABSTAINED
2. Bob Reuther – YES
3. Michaelene Comerford – YES
4. Matthew Estep – YES
5. Ray Lewandowski - YES
6. David Fridmann, Chairman - YES
Respectfully Submitted, EvaDawn Bashaw
May 3, 2022
ZBA Members present: Dave Fridmann, Chair, Ray Levandowski, Ruth Eckstrom, Michaelene Comerford, Matt Estep, Bob Reuther
Public Present: Trisha Laurito, Julie McFarland, Kristy Carlson, Adam Rak
Chairman Fridmann call the meeting to order at 6:30 – Read the legal notice aloud. SEQR explained and conducted with a Negative Declaration determined
Applicant explained the project. Code Enforcement Officer provided his opinion that the project was inline with the neighborhood and felt it was of little concern to him.
No comment from the public
Ruth Eckstrom moved that the ZBA approve the renovation of the existing garage into a master site and build a new 2 car garage at 5056 West Main Rd, Fredonia. SBL: 129.00-1-43.1 with a set back of 77 feet from the edge of road. Seconded by Michaelene Comerford
R1. Ruth Eckstrom- Yes
2. Bob Reuther – YES
3. Michaelene Comerford – YES
4. Matthew Estep – YES
5. Ray Lewandowski - YES
6. David Fridmann, Chairman - YES
Unanimously approved
Michaelene moved to adjourn the meeting, seconded by Ray Lewandowski
Meeting adjourned at 6:50
Respectfully Submitted, EvaDawn Bashaw
Pomfret Zoning Code
PDF
This PDF contains the documentation for the zoning code for the town of Pomfret.
