Pomfret Zoning Board
David Fridmann-Chairman
Michaelene Comerford
Alex Moon
Raymond Lewandowski
Ruth Eckstrom
Jonathan Townsend (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
Alex Moon
Raymond Lewandowski
Ruth Eckstrom
Jonathan Townsend (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.
Zoning Board of Appeals Meetings
Town of Pomfret Zoning Board of Appeals 2024 meetings are scheduled for the first Tuesday of each month at 6:30P.M. except where indicated:
2024:
October 1st
November 12th
December 3rd
2024:
October 1st
November 12th
December 3rd
Zoning Board Resolutions
Public Hearing #06-2024
APPLICANT:
Amber Felt
10164 Route 60
Fredonia, NY 14063
SBL: 114.00-3-73.3
Special Use Permit
PRESENT: Dave Fridmann (Chairman), Michaelene Comerford, Alex Moon, Jonathan Townsend (Alternate), Nicole Waite (Zoning Clerk), Warren Kelly, (Code Enforcement Officer)
ABSENT: Ruth Eckstrom, Ray Lewandowski
PUBLIC PRESENT: Amber Felt, Geoff Felt, Paul Tabone, Sal Tabone, Gerald Fancher
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:32 PM.
ACCEPTANCE OF MEETING MINUTES: A motion to accept the minutes of Public Hearing #5-24 Jeffrey O’Brien and Workshop #1-24 was made by Michaelene Comerford and seconded by Alex Moon. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that Public Hearing #06-24 will be held by the Pomfret Zoning Board of Appeals on August 6, 2024 at 6:30 P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, NY 14063 to consider the appeal of Amber Felt, for property located at 10164 Route 60, Fredonia, NY 14063 for a: Special Use Permit. This property is described on the tax map as SBL: 114.00-3-73.3.
The proposed action is to convert an existing business/storage building into a family entertainment facility. The Building Permit denial was based on failing to meet the Town of Pomfret’s Zoning Code Section 300-16 B “Uses by Right”. The property is zoned Highway Business (B2).
This application for a Special Use Permit is open to inspection at the Town of Pomfret Planning & Zoning Office, 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 or by agent or attorney. Please contact the Zoning Office at (716)672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: Yesterday Clerk Waite received a response from the Chautauqua County Department of Planning and Development regarding the 239 Mandatory Referral. Chairman Fridmann read aloud the section of the letter that states:
“I find that the proposed action would have no significant county-wide or inter-community impact and that the proposal would be a matter of local concern.
It is recommended that any proposed construction and development efforts consider the appearance and character of the neighborhood properties with regards to the project’s building design, layout, landscaping, signage, lighting, etc. Any necessary access changes to and from this property should be designed in accordance with generally accepted engineering standards to minimize potential traffic safety problems associated with vehicular movement between the property and adjacent roadways. The appropriate highway or transportation departments should be contacted if the right-of-way, driveways, ditches, etc. are to be modified.”
No other correspondence was received.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by Amber Felt. #3 had been left blank. The board used GIS data to determine the total acres of the parcel are 11.1, and the land disturbed is roughly 1 acre. For #8A the board asked the applicant the maximum number of vehicles they anticipate, to which Mrs. Felt estimated 30. Chairman Fridmann said the current vehicle traffic for that area is approximately 1200/day, so 30 is not a substantial increase.
For #11 Ms. Comerford asked if the answer should be yes, but it was clarified that a septic system doesn’t constitute a public utility. For #13A the board determined there are no regulated waterbodies on site or adjoining, so the answer was changed to No. On #14, the board discussed and agreed both Agricultural/grasslands and Early mid-successional should also be checked.
The board had no other concerns or comments on the Part 1 SEQR.
PROJECT DISCUSSION: Amber Felt, and her husband Geoffrey Felt described the proposed project. Inside the warehouse is approximately 9,000 square feet of open space. 4,000-4,500 sq ft will be used for laser tag, a laser tag staging area, an arcade, space for private parties, and bathrooms. In the future, they wish to use the office space to hold classes for arcade game building and programming. The laser tag arena will be low light, with black lights, glow in the dark paint, a haze machine, and lights on the floor. That portion of the building does not have any windows, and the corrugated roof sections let in some outside light. There will be objects for players to hide behind.
Chairman Fridmann asked what kind of arcade games they would have. Mr. Felt said mostly cabinet style classic arcade, but they hope to include more driving and shooting type games in the future.
Chairman Fridmann asked what types of products would be sold in the concession area. Mrs. Felt said the current plan is to have pre-made packaged snack and drink vending machines. In the future, they would like to expand to a full concession stand with deep fryers, pizza ovens, and more.
Chairman Fridmann asked about proposed signage for the business. Mrs. Felt replied that they would like to post two feather flag signs at the beginning of the parking lot. She was reminded that all signage would need to comply with Chapter 300-50 of the zoning code. Warren Kelly (CEO) advised Mrs. Felt to verify required setbacks for signs along state roads with New York State Department of Transportation to avoid NYS DOT removing them.
Jonathan Townsend asked if the current septic system would be able to handle the addition of public bathrooms. The owner, Sal Tabone, said the septic tank is oversized at 3,000 gallons and had been pumped within the last year. He indicated it would be able to handle the bathrooms.
Chairman Fridmann asked if there were plans for additional exterior lighting. Mrs. Felt said there are currently two lights in the parking lot. The only additional lighting will be along the sidewalk on the western and northern sides of the building.
Michaelena Comerford inquired about the proposed business hours. Mrs. Felt said they anticipate being open 4:00-10:00 PM certain days of the week. The days and times may vary depending on season, or when they start up the arcade game building classes. However, it would not go past 10:00 PM.
PUBLIC COMMENTS: Chairman Fridmann opened the public comment portion of the hearing. Attendees were instructed to state their name and address when speaking. No comments were made. SEQR DECLARATION: The board reviewed the Short Environmental Assessment Form Part 2. Regarding #10, the board asked Mrs. Felt what the current condition of the parking lot is, and if they plan to blacktop the whole thing. Mr. Tabone replied that the smaller front lot, used for the office spaces, is blacktopped. The larger side lot is millings. Mrs. Felt said they don’t currently have any plan to blacktop the larger lot. Chairman Fridmann instructed her that they can come back in the future if they decide they want to. After discussion, the answer to all 11 questions was ‘No, or small impact may occur’.
Michaelene Comerford made a motion to declare a Negative Declaration under the State Environmental Quality Review Act with respect to the Special Use Permit application submitted by Amber Felt based on the fact that the use is for an existing structure and no exterior dimension changes are proposed. The motion was seconded by Alex Moon and carried unanimously by roll call vote.
ROLL CALL VOTE:
Ray Lewandowski – ABSENT Alex Moon – AYE Ruth Eckstrom – ABSENT Michaelene Comerford – AYE Jonathan Townsend (Alternate) – AYE David Fridmann – AYE
DECISION: Chairman Fridmann stated that because the use is not specifically listed as a “use by right” or a “use by special permit” based on Chapter 300-26 of the Town of Pomfret Code, the board needs to determine if the proposed use is similar to permitted uses for the Highway Business (B2) district. A similar use listed in Chapter 300-16 under “uses by special use permit” is Commercial recreation. The board unanimously agreed the proposed use meets the criteria of Chapter 300-26.
A motion was made by Michaelene Comerford to grant a Special Use Permit with conditions to Amber Felt for the conversion of an existing business/storage building into a family entertainment facility at 10164 Route 60, Fredonia, NY 14063 SBL: 114.00-3-73.3 located in Highway Business District (B2). The motion was seconded by Jonathan Townsend, and carried unanimously by roll call vote with the following conditions:
ROLL CALL VOTE:
1. Ray Lewandowski - ABSENT
2. Alex Moon - AYE
3. Ruth Eckstrom - ABSENT
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - AYE
6. David Fridmann - AYE
ADJOURNMENT: Jonathan Townsend made a motion to adjourn the hearing, seconded by Alex Moon at 7:10 PM The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Zoning Board of Appeals Clerk, Town of Pomfret
Public Hearing #05-2024
APPLICANT/OWNER:
Jeffrey O’Brien
8082 Kelly Hill Rd
Stockton, NY 14784
SBL: 180.00-1-39
Area Variance
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Ray Lewandowski, Nicole Waite (Zoning Clerk), David Penharlow (Zoning Enforcement Officer)
ABSENT: Alex Moon, Jonathan Townsend (Alternate)
PUBLIC PRESENT: Jeffrey O’Brien
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:40 P.M.
ACCEPTANCE OF MEETING MINUTES: A motion to accept the minutes of Public Hearing #4-24 Carbon Graphite Materials was made by Michaelene Comerford and seconded by Ray Lewandowski. The motion carried unanimously. Ms. Comerford asked Clerk Waite if a copy of the executed lease had been received, but it hadn’t.
NOTIFICATION OF MEETING: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#05-24) will be held by the Pomfret Zoning Board of Appeals on July 2, 2024 at 6:30 P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the appeal of Jeffrey O’Brien, for property located at 8082 Kelly Hill Rd, Stockton, NY 14784 for an: Area Variance. This property is described on the tax map as SBL: 180.00-1-39.
The proposed action is the construction of a 32’ x 36’ 2-story garage workshop. The Building Permit denial was based on failing to meet the Town of Pomfret’s Zoning Code Section 300-13 E “Area Standards”. The property is zoned Agricultural/Residential (AR1).
This application for an Area Variance is open to inspection at the Town of Pomfret Planning & Zoning Office, 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 or by agent or attorney. Please contact the Zoning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: None
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by the applicant, and agreed the answer for #9 should be ‘Yes’ and #14 should include ‘Agriculture’.
PROJECT DISCUSSION: Michaelene Comerford asked Mr. O’Brien if the garage would have electricity and water. He responded that it would have electricity, but he is unsure if he’ll want water. Chairman Fridmann asked if the electricity would be extended underground, to which Mr. O’Brien replied yes.
Chairman Fridmann also asked for confirmation that the set back variance requested is 55 feet, which does not meet the area standard of 100 feet for the AR1 district. Mr. O’Brien explained that the garage would be situated towards the front of his house so he could utilize the already existing driveway. The lot is oddly shaped and wouldn’t allow him to meet the minimum setback requirements.
Ray Lewandowski asked if the garage would be for personal use or open to the public. Mr. O’Brien explained he would be using the structure to store and fix his personal vehicles and farm equipment. The garage doors will be large enough to fit farm equipment.
The board discussed a nearby barn, that based on GIS imaging looks like it is located on 180.00-1-38, but is actually on 180.00-1-39. Chairman Fridmann was concerned that with this other structure the proposed garage wouldn’t meet % coverage requirements. Ms. Eckstrom stated that it would be less than 30% coverage.
Chairman Fridmann asked if any additional lighting would be installed. Mr. O’Brien said there is currently a light on a pole that he believes will be sufficient. Ms. Eckstrom commented that if any new lighting is installed it cannot negatively affect drivers or neighboring properties.
It was discussed and agreed that this new structure would not increase traffic to the area.
PUBLIC COMMENTS: None SEQR DECLARATION: Ruth Eckstrom made a motion to declare a Negative Declaration under the State Environmental Quality Review Act with respect to the Area Variance application submitted by Jeffrey O’Brien. The motion was seconded by Michaelene Comerford and carried unanimously by roll call vote.
ROLL CALL VOTE:
Ray Lewandowski – AYE Alex Moon – ABSENT Ruth Eckstrom – AYE Michaelene Comerford – AYE Jonathan Townsend (Alternate) – ABSENT David Fridmann – AYE
DECISION: A motion was made by Michaelene Comerford to grant an Area Variance for the construction of a 32’ x 36’ 2-story garage workshop to Jeffrey O’Brien, at 8082 Kelly Hill Rd, Stockton, NY 14784 SBL: 180.00-1-39 located in Agricultural/Residential District (A1) for the following reasons: the structure is to be constructed adjacent to the primary residence for the convenience of the homeowner, and the driveway for the additional building is already in use. The motion was seconded by Ruth Eckstrom, and carried unanimously by roll call vote with the following conditions:
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - ABSENT
3. Ruth Eckstrom - AYE
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - ABSENT
6. David Fridmann - AYE
ADJOURNMENT: Michaelene Comerford made a motion to adjourn the hearing, seconded by Ray Lewandowski at 7:04 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Nicole Waite
Zoning Board of Appeals Clerk, Town of Pomfret
Public Hearing #04-2024
APPLICANT:
Carbon Graphite Materials
9491 Rt 60
Fredonia, NY 14063
SBL: 131.17-1-31
Special Use Permit
OWNER:
Andrew Card
PO Box 56
Otto, NY 14766
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Alex Moon, Ray Lewandowski, Jonathan Townsend (Alternate), Nicole Waite (Zoning Clerk)
PUBLIC PRESENT: Ryan Walker, Charles Dispenza
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MEETING MINUTES: Ruth Eckstrom pointed out that the spelling of Eunice Abel’s last name needed to be corrected in the draft minutes. A motion to accept the amended minutes of Public Hearing #3-24 Greg Frazita was made by Ruth Eckstrom and seconded by Ray Lewandowski. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#04-24) will be held by the Pomfret Zoning Board of Appeals on the June 4, 2024 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 at 6:30 P.M. to consider the appeal of:
Carbon Graphite Materials, for property located at 9491 Route 60 Fredonia, N.Y. 14063. For a: Special Use Permit
This property is described on the tax map as SBL: 131.17-1-31. The proposed action is the receiving, storage, repackaging, and shipment of graphite. The Building Permit denial was based on failing to meet the Town of Pomfret regulations for B2 Highway Business District “Use by Right” under the Town of Pomfret Zoning Code.
This application for a Special Use Permit is open to inspection at the office of the Town of Pomfret, 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 or by agent or attorney. Please contact the Zoning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: The only correspondence received regarding this application was the decision of the Chautauqua County Planning Board that this is a matter of local concern.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by the applicant. The applicant only selected ‘Rural (non-agriculture) for #4, however the board agreed it would be appropriate to also mark Industrial, Aquatic and Other: Educational. The project site is set up for industrial use, it is located directly adjacent to Canadaway Creek, and it is adjacent to Boards of Cooperative Educational Services (BOCES) property.
#7 should be ‘No’, as Canadaway Creek is not a state listed Critical Environmental Area. #9 will be changed to ‘Yes’ as all new features will at least meet state energy code requirements.
PROJECT DISCUSSION: Charles Dispenza and Ryan Walker provided an overview of the proposed use of the property. Carbon Graphite Materials currently operates out of their facility in Brocton, NY. They receive graphite that is mined in Madagascar, shipped to Baltimore, then transported to their plant. The graphite is then blended on site based on their customer’s specifications then put in a holding bin. When ready, the product is automatically bagged, palletized, wrapped, and stored until shipment. Flatbeds pick up their shipments and deliver them to construction sites. Their customers use the graphite when drilling geothermal wells. Due to limited storage at their current plant, pallets are being stored outside. The expansion into 9491 Route 60 would provide the company with enough space to process and store the product. The company expects steady growth based on trends in green energy, and customer commitments. The only anticipated signage is removing the current lettering on the building and changing it to the name of their company. All signage will adhere to the Town of Pomfret’s sign regulations. When discussing proposed lighting, the board agreed that it needs to not interfere with traffic along Route 60, or the surrounding neighborhood.
Ray Lewandowski asked about truck traffic. According to Mr. Dispenza they’ll average 3 trucks per day, with a maximum of 5. There are a few weeks between receipts. Those in between weeks will only have shipments. Michaelene Comerford inquired about hours of operation, and whether or not there would be noise disturbances very early in the morning. Mr. Walker responded that they only work 1st shift, mostly Monday-Friday. Ideally, they would like to run 4 days a week with 10-hour days. Mr. Dispenza added that unloading takes place at 8:00am and loading from 11:00am to 3:00pm. All processing is handled inside the building, with minimal noise.
Chairman Fridmann asked how many employees would be working at this facility. Mr. Dispenza replied they would have 5 to start, with hopes of expanding to 10. Some of the 5 are current Brocton employees that would need to be replaced at that facility. Jonathan Townsend asked if any product would be stored outside, and for how long. The answer is that long term storage would be inside the building. Shipments are staged outside the day of pick up, however if unforeseen circumstances delayed pick up by a day or two the shipment would remain staged outside until then. This limits the amount of and chances of damage or flow into the nearby creek in the event of a flood or other disaster.
Mr. Dispenza explained that any dust from blending is collected and reused. The exhaust system flows back into the building, virtually eliminating any leakage into the surrounding air.
There was some confusion about whether the property has a septic system or was connected to public facilities. The real estate listing, and Chautauqua County GIS listed the property as ‘Comm/public’ for water and sewer. However, further investigation led the board, and the applicant to believe it has a septic system, which would need to be inspected by the Chautauqua County Health Department.
The board agreed it would accept an executed copy of the lease/purchase agreement as proof of the current property owner’s knowledge and consent for the suggested use.
PUBLIC COMMENTS: None SEQR DECLARATION: Alex Moon made a motion to declare a Negative Declaration under the State Environmental Quality Review Act with respect to the Special Use Permit application submitted by Carbon Graphite Materials, because the building footprint will not change, and graphite is a naturally occurring mineral. The motion was seconded by Michaelene Comerford and carried unanimously by roll call vote.
ROLL CALL VOTE:
Ray Lewandowski – AYE Alex Moon – AYE Ruth Eckstrom – AYE Michaelene Comerford – AYE Jonathan Townsend (Alternate) – AYE David Fridmann – AYE
DECISION: A motion was made by Ruth Eckstrom, seconded by Jonathan Townsend, to grant a Special Use Permit for the receiving, storage, repackaging, and shipment of graphite to Carbon Graphite Materials, at 9491 Rt 60 Fredonia, NY 14063 SBL: 131.17-1-31 located in a Highway Business District (B2) with conditions. The motion carried unanimously by roll call vote with the following conditions:
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom - AYE
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - AYE
6. David Fridmann - AYE
ADJOURNMENT: Michaelene Comerford made a motion to adjourn, seconded by Ray Lewandowski at 7:37 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Zoning Board of Appeals Clerk
Town of Pomfret
Public Hearing #03-24
APPLICANT:
Greg Frazita
8513 Route 60
Cassadaga, NY 14718
SBL: 164.00-3-11
Area Variance
OWNER:
Penergy
9033 Spoden Rd
Fredonia, NY 14063
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Ray Lewandowski, Jonathan Townsend (Alternate), Nicole Waite (ZBA Clerk)
ABSENT: Alex Moon
PUBLIC PRESENT: Greg Frazita, John Connelly, David Abel, Eunice Abel
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MEETING MINUTES: A motion to accept the minutes of Public Hearing #1-24 Daniel’s Truck and #2-24 Chautauqua Watershed Conservancy was made by Ruth Eckstrom and seconded by Michaelene Comerford. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#03-24) will be held by the Pomfret Zoning Board of Appeals on the May 7, 2024 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 at 6:30 P.M. to consider the appeal of:
Greg Frazita, whose property is located at 8513 Route 60 Cassadaga, N.Y. 14718. For an: Area Variance__
This property is described on the tax map as SBL: 164.00-3-11. The proposed action is the construction of a 32ft x 40ft storage building with 3 bays, which would not meet the Town of Pomfret Zoning setbacks and the Building Permit has been denied. The permit denial was based on failing to meet the Town of Pomfret regulations for AR1 Agricultural/Residential District Area Standard under the Town of Pomfret Zoning Code adopted in July 2022.
This application for an Area Variance is open to inspection at the office of the Town of Pomfret Code Enforcement Officer, 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. The Zoning Board of Appeals will consider the application for an:
Area Variance for the proposed construction of a 3-bay storage building, located at 8513 Rt 60 Cassadaga, N.Y. 14718 SBL: 164.00-3-11.
And the interpretation of the Zoning Law as it applies to the request of:
Greg Frazita 19 Porter Ave Fredonia, N.Y. 14063
Any person may appear in person or by agent or attorney. Please contact the Zoning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: The only correspondence regarding this application was a response from the Chautauqua County Department of Planning and Development regarding the 239 Referral. They declared this a matter of local concern.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by the applicant. #1 and #2 had been left blank. The board discussed and instructed the applicant the answer for both should be ‘No’. #5 and #6 were also blank, and the board agreed the answer for both is ‘Yes’. For #9 and #10 Mr. Frazita clarified that the parcel has well water and a septic system. To his knowledge the well was tested by the current owner within the last 4-5 years. The board discussed and agreed that the answer to #14 should be changed from ‘Urban’ to ‘Early mid-successional’, and #15 should be changed from ‘No’ to ‘Yes’ due to bald eagles.
PROJECT DISCUSSION: Greg Frazita explained that the area variance request is for the construction of a 32ft x 40ft storage building that will be used to store his personal tools. He would like the storage building front to face Route 60 and wishes to install a blacktop driveway that connects the current Route 60 driveway to a new one on Spoden Road. Due to the steep incline on the Spoden Rd side the driveway would need to be dug out to make it gradual. The board agreed that due to heavy traffic on Route 60 a driveway on Spoden Rd makes sense. He described the exterior as the base being blue from the ground up to 3ft, with the remaining painted white. The roof will have black shingles.
Michaelene Comerford visited the property site to verify the GIS parcel measurements. The Route 60 boundary was accurate. However, her measurement of the southernmost boundary was 72ft instead of the 150ft documented in Chautauqua GIS, and her Spoden Road measurement was 232.7ft instead of 285ft. She contacted Chautauqua County regarding the discrepancies and was told the measurements have been recently changed for many properties along Route 60, but those changes are not yet reflected in GIS.
Ruth Eckstrom asked if the storage building would be heated, winterized, and non-habitational. Mr. Frazita confirmed all of those. The building will utilize propane for heating.
Ray Lewandowski asked if the applicant would be running a business from the property. Mr. Frazita said that he would be storing only personal property with no commercial component. Mr. Lewandowski also asked if there would be any signage or lighting installed. There will be no signage, however there will be security lighting.
Jonathan Townsend inquired about what site prep will need to take place prior to construction. According to Mr. Frazita the location of the demolished house will need to be leveled, and trees will need to be cleared – particularly dead ash trees.
The proposed storage building’s 1,280 sq ft is a smaller footprint than the previous house, which was 1,344 sq ft.
PUBLIC COMMENTS:
He described past and ongoing arguments between property owners in this area, particularly surrounding snow removal leading to blockage of each other’s driveways. He is concerned that future owners might let ‘junk’ pile up outside of the storage building, which would create an eyesore for neighbors. He also has concerns that the items being stored would increase the attraction of robbers – as he believes there are already illegal activities going on along this corridor. He commented that any future further widening of Route 60 would take away more of the property area. Mr. Abel expressed that he does not support the proposed area variance.
ROLL CALL VOTE:
Ray Lewandowski – AYE Alex Moon – ABSENT Ruth Eckstrom – AYE Michaelene Comerford – AYE Jonathan Townsend (Alternate) – AYE David Fridmann – AYE
DECISION: A motion was made by Ruth Eckstrom, seconded by Michaelene Comerford, to grant an Area Variance with conditions to Greg Frazita, for construction of a 32ft x 40ft 3-bay storage building as presented with a Zoning Board of Appeals application for property located at 8513 Route 60, Cassadaga, NY 14718 SBL: 164.00-3-11. The motion carried unanimously by roll call vote with the following conditions:
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - ABSENT
3. Ruth Eckstrom - AYE
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - AYE
6. David Fridmann - AYE
ADJOURNMENT: Michaelene Comerford made a motion to close the public hearing, seconded by Ray Lewandowski at 7:34 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite, Zoning Board of Appeals Clerk
Hearing #1 of 24- March 5, 2024
Minutes of Zoning Board of Appeals
Public Hearing #01-24
APPLICANT:
Daniel’s Truck, Auto and Trailer Repair, Inc.
10260 McAllister Road
Fredonia, N.Y. 14063
Use Variance
SBL: 114.09-1-13
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Alex Moon, Ray Lewandowski, Jonathan Townsend (Alternate)
OFFICIALS PRESENT: Warren Kelly (Code Enforcement Officer)
PUBLIC PRESENT: Attorney-John Gullo, Daniel Pelsey, Justin Pelsey, Mr. Daniel Pelsey’s Daughter
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:30 P.M.
MEETING MINUTES: Minutes from the November 14, 2023 Public Hearing were unavailable. They will be reviewed at a future hearing.
MEETING NOTICE: Chairman Fridmann read the Public Hearing Notice aloud.
MUNICIPAL REFERRAL: Dave Fridmann read the Municipal Referral 239, and Chautauqua County’s decision that this is a Matter of Local Law.
PROJECT DISCUSSION: Attorney John Gullo explained that the property owner, Daniel Pelsey, needs a special use permit in order to get his business registered as an auto repair shop with New York State. The current building is a commercial garage with attached residential. It is the applicant’s understanding that the property has been used by past owners for the same use he is applying for.
Warren Kelly and David Fridmann have both visited the property. Mr. Kelly had notified the owner of additional construction and safety concerns that needed to be addressed. Justin Pelsey provided the board with blue prints for the wall between the residential apartment and commercial shop. He indicated that project was close to completion. Fire extinguishers will be in both locations, and heat detectors are being installed in the shop with an alarm in the apartment.
The board and applicants discussed the typical number of vehicles that could be expected on the property: 5 customer vehicles, 3 semis, 4 personal vehicles, and 3 employee vehicles. Vehicles will not be stored on site. Engines will not be run overnight. Any overnight refrigeration noise will be rare and limited to short cycles.
There are no plans for permanent signage. Instead, the applicant will use tent signs that come down daily.
PUBLIC COMMENT: None
STATE ENVIRONMENTAL QUALITY REVIEW:
The board reviewed the Part 1 SEQR submitted by the applicant. The applicant discussed safety precautions they take on site. They report that oil filters are properly disposed of; used anti-freeze is put into drums that are picked up to recycle; all tires are disposed of properly; used oil is stored in a 250-gal tank, and 55-gal drums. Those drums are stored on concrete floors without drainage in case of accidental spillage. The waste oil is re-used in an oil laced burner for heat in the winter.
Ruth Eckstrom made a motion to declare a Negative Declaration under the State Environmental Quality Review Act with respect to the Use Variance submitted by Daniel’s Truck, Auto and Trailer Repair, Inc. The motion was seconded by Michaelene Comerford and carried by a roll call vote.
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom -AYE
4. Michaelene Comerford -AYE
5. Jonathan Townsend (Alternate) -AYE
6. David Fridmann -AYE
DECISION:
A motion was made by Ruth Eckstrom, seconded by Michaelene Comerford, to grant a Use Variance to Daniel Pelsey, Owner of Daniel’s Truck, Auto and Trailer Repair, Inc. 10260 McAllister Road SBL: 114.09-1-13 located in a Residential District (R2) with conditions. The motion was carried unanimously by roll call vote with the following conditions:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom -AYE
4. Michaelene Comerford -AYE
5. Jonathan Townsend (Alternate) -AYE
6. David Fridmann -AYE
ADJOURNMENT: Alex Moon made a motion to close The Public Hearing, seconded by Ruth Eckstrom at 7:25 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite, Zoning Board of Appeals Clerk
Hearing #2 of 24- March 25, 2024
APPLICANT:
Chautauqua Watershed Conservancy
71 E Fairmount Avenue
Lakewood, NY 14750
SBL: 112.00-3-11.1
Special Use Permit
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Alex Moon, Ray Lewandowski, Jonathan Townsend (Alternate)
OFFICIALS PRESENT: None
PUBLIC PRESENT: Twan Leenders (Director of Chautauqua Watershed Conservancy), Jim Bailen, Anthony Mancuso, Greg Prechtl
CALL TO ORDER: Chairman Fridmann called the meeting to order at 7:30 P.M.
MEETING MINUTES: Minutes from the November 14, 2023 Public Hearing were unavailable. They will be reviewed at a future hearing.
MEETING NOTICE: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#02-24) will be held by the Pomfret Zoning Board of Appeals on March 5, 2024, at 7:00 P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the application of Chautauqua Watershed Conservancy., whose property is located on 34 Johnson Street., Fredonia, N.Y. 14063.
For a: Special Use Permit.
This property is described on the tax map as SBL: 112.00-311.1. The proposed action is to construct a gravel parking lot in an area that is zoned AR-2. This parking lot will be 52 feet x 42 feet off the side street. Under the Town of Pomfret Zoning Code, a Commercial/Business parking lot is not a “Use by Right” (under section 300-14B Agricultural/Residential (AR-2). The land is currently Zoned as AR-2 Agricultural Residential.
This application for a Special Use Permit is open to 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 or by agent or attorney. Please contact the Zoning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: No correspondence was received regarding this application.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR included in the application and had no concerns or comments.
PROJECT DISCUSSION: Twan Leenders explained that the Chautauqua Watershed Conservancy is one of the largest land trusts in the area, has been in operation for over 30 years, and has 1200+ protected acres in the county. This parcel was unexpectedly donated to the Conservancy last year so their vision for the preserve isn’t finalized. Their intent for the property is to preserve the creek, wetland habitat, and watershed – while creating a grassland habitat with trails that allow for low-impact passive recreation. The preserve will be open to the public to enjoy nature. This Special Use Request is for a small parking area on Johnson Street to avoid on street parking in the neighborhood. Educational signs and a kiosk are currently being installed.
Chairman Fridmann reported he took a walk through the site to the creek. He asked how the site will be maintained. Mr. Leenders responded that the property had been maintained as a hay field for a while. The Conservancy might switch to a grass species that would benefit native insects/animals and won’t need to be maintained the same as hay.
Ruth Eckstrom asked if the current stakes are outlining the area for the parking lot. Mr. Leenders replied that the stakes are not for the parking lot. The proposed lot will be gravel, which is permeable to handle the ground wetness. The lot will be 1 row of 5 cars. The final lot plan will need to go through code enforcement to ensure compliance for parking lot regulations.
Ms. Eckstrom inquired to how the applicant will handle overnight parking. Mr. Leenders explained there is on street parking, and all of their preserves have a steward that checks on sites regularly.
Alex Moon asked about liability for those on site. According to Mr. Leenders, the Conservancy carries liability insurance for all of their properties. There will also be signage indicating allowed uses, rules, and dos/don’ts.
Chairman Friddman asked if hunting is allowed on most of the applicant’s preserves. Mr. Leenders indicated that it is not allowed on ones with more dedicated trails or are too close to residential. Any allowed hunting is by request only, and requires permission and to abide by all laws. This particular parcel may not be 500 ft away from residences so it may not be allowable. Chairman Fridmann inquired about bathroom facilities. The Conservancy doesn’t intend to put them in because of the impact the necessary infrastructure would have on the land.
PUBLIC COMMENT:
A motion for continuance of the public hearing to April 9, 2024 at 6:30PM was made by Michaelene Comerford, seconded by Raymond Lewandowski. The motion was carried unanimously by roll call vote.
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom - AYE
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - AYE
6. David Fridmann - AYE
PRESENT: Dave Fridmann -Chairman, Ruth Eckstrom, Alex Moon, Ray Lewandowski, Jonathan Townsend (Alternate) Zoning Board Clerk-Nicole Waite
ABSENT: Michaelene Comerford
OFFICIALS PRESENT: None
PUBLIC PRESENT: None
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:30 P.M.
PROJECT DISCUSSION: Chairman Fridmann received an email from Twan Leenders, Director of the Chautauqua Watershed Conservancy regarding their application for Special Use Permit. In the email he indicated the Conservancy plans to resubmit their application based on the changes previously recommended by the Zoning Board of Appeals. To date, no reapplication was received and no representative of the applicant is present.
PUBLIC COMMENT: None
DECISION: A motion to close Public Hearing #02-24 with no decision was made by Ruth Eckstrom, and seconded by Jonathan Townsend. The motion was carried unanimously by roll call vote.
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom -AYE
4. Michaelene Comerford -ABSENT
5. Jonathan Townsend (Alternate) -AYE
6. David Fridmann -AYE
OTHER BUSINESS: The board briefly discussed two pending zoning applications. Chairman Fridmann will discuss one with Warren Kelly (Code Enforcement Officer) to ensure it is categorized correctly before moving forward.
Chairman Fridmann mentioned that progress on the Town Code update is ongoing. The public will have an opportunity to review and comment. A full submission to the Zoning Board of Appeals is anticipated in Fall of 2024.
ADJOURNMENT: Ruth Eckstrom made a motion to adjourn, seconded by Ray Lewandowski at 6:44 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Zoning Board of Appeals Clerk
Town of Pomfret
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
November 14, 2023- #6-23
Whereas, on November 14, 2023, at 6:30 P.M., Hearing # 06-23 for a Special Use Permit and an Area Variance Application was duly conducted by the Town of Pomfret Zoning Board of Appeals. A request for a Special Use Permit and an Area Variance was made by Mike Rukavina, 4 Johnson St., Fredonia, N.Y. 14063, seeking approval to remove the existing 10”x 12” shed, replace, and install a new prefabricated 12”x 16” wood-framed storage building in the side yard in the exact location. Located in an (R1) Residential District at 4 Johnson St. Fredonia, N.Y. 14063 (SBL: 112.20-1-15).
NOW, THEREFORE, upon a motion made by Ruth Eckstrom, seconded by Michaelene Comerford, to grant a Special Use Permit and an Area Variance to Mike Rukavina, 4 Johnson St., Fredonia, SBL:112.20-1-15 and approve the removal of an existing 10x12 shed to be replaced with a new prefabricated 12x16 wood framed storage building located in a Residential District (R1) with the following condition. The motion carried unanimously by roll call vote.
Condition:
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Alex Moon (Alternate) – AYE
4. Ray Lewandowski - AYE
5. David Fridmann, -AYE
APPLICANT:
Amber Felt
10164 Route 60
Fredonia, NY 14063
SBL: 114.00-3-73.3
Special Use Permit
PRESENT: Dave Fridmann (Chairman), Michaelene Comerford, Alex Moon, Jonathan Townsend (Alternate), Nicole Waite (Zoning Clerk), Warren Kelly, (Code Enforcement Officer)
ABSENT: Ruth Eckstrom, Ray Lewandowski
PUBLIC PRESENT: Amber Felt, Geoff Felt, Paul Tabone, Sal Tabone, Gerald Fancher
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:32 PM.
ACCEPTANCE OF MEETING MINUTES: A motion to accept the minutes of Public Hearing #5-24 Jeffrey O’Brien and Workshop #1-24 was made by Michaelene Comerford and seconded by Alex Moon. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that Public Hearing #06-24 will be held by the Pomfret Zoning Board of Appeals on August 6, 2024 at 6:30 P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, NY 14063 to consider the appeal of Amber Felt, for property located at 10164 Route 60, Fredonia, NY 14063 for a: Special Use Permit. This property is described on the tax map as SBL: 114.00-3-73.3.
The proposed action is to convert an existing business/storage building into a family entertainment facility. The Building Permit denial was based on failing to meet the Town of Pomfret’s Zoning Code Section 300-16 B “Uses by Right”. The property is zoned Highway Business (B2).
This application for a Special Use Permit is open to inspection at the Town of Pomfret Planning & Zoning Office, 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 or by agent or attorney. Please contact the Zoning Office at (716)672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: Yesterday Clerk Waite received a response from the Chautauqua County Department of Planning and Development regarding the 239 Mandatory Referral. Chairman Fridmann read aloud the section of the letter that states:
“I find that the proposed action would have no significant county-wide or inter-community impact and that the proposal would be a matter of local concern.
It is recommended that any proposed construction and development efforts consider the appearance and character of the neighborhood properties with regards to the project’s building design, layout, landscaping, signage, lighting, etc. Any necessary access changes to and from this property should be designed in accordance with generally accepted engineering standards to minimize potential traffic safety problems associated with vehicular movement between the property and adjacent roadways. The appropriate highway or transportation departments should be contacted if the right-of-way, driveways, ditches, etc. are to be modified.”
No other correspondence was received.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by Amber Felt. #3 had been left blank. The board used GIS data to determine the total acres of the parcel are 11.1, and the land disturbed is roughly 1 acre. For #8A the board asked the applicant the maximum number of vehicles they anticipate, to which Mrs. Felt estimated 30. Chairman Fridmann said the current vehicle traffic for that area is approximately 1200/day, so 30 is not a substantial increase.
For #11 Ms. Comerford asked if the answer should be yes, but it was clarified that a septic system doesn’t constitute a public utility. For #13A the board determined there are no regulated waterbodies on site or adjoining, so the answer was changed to No. On #14, the board discussed and agreed both Agricultural/grasslands and Early mid-successional should also be checked.
The board had no other concerns or comments on the Part 1 SEQR.
PROJECT DISCUSSION: Amber Felt, and her husband Geoffrey Felt described the proposed project. Inside the warehouse is approximately 9,000 square feet of open space. 4,000-4,500 sq ft will be used for laser tag, a laser tag staging area, an arcade, space for private parties, and bathrooms. In the future, they wish to use the office space to hold classes for arcade game building and programming. The laser tag arena will be low light, with black lights, glow in the dark paint, a haze machine, and lights on the floor. That portion of the building does not have any windows, and the corrugated roof sections let in some outside light. There will be objects for players to hide behind.
Chairman Fridmann asked what kind of arcade games they would have. Mr. Felt said mostly cabinet style classic arcade, but they hope to include more driving and shooting type games in the future.
Chairman Fridmann asked what types of products would be sold in the concession area. Mrs. Felt said the current plan is to have pre-made packaged snack and drink vending machines. In the future, they would like to expand to a full concession stand with deep fryers, pizza ovens, and more.
Chairman Fridmann asked about proposed signage for the business. Mrs. Felt replied that they would like to post two feather flag signs at the beginning of the parking lot. She was reminded that all signage would need to comply with Chapter 300-50 of the zoning code. Warren Kelly (CEO) advised Mrs. Felt to verify required setbacks for signs along state roads with New York State Department of Transportation to avoid NYS DOT removing them.
Jonathan Townsend asked if the current septic system would be able to handle the addition of public bathrooms. The owner, Sal Tabone, said the septic tank is oversized at 3,000 gallons and had been pumped within the last year. He indicated it would be able to handle the bathrooms.
Chairman Fridmann asked if there were plans for additional exterior lighting. Mrs. Felt said there are currently two lights in the parking lot. The only additional lighting will be along the sidewalk on the western and northern sides of the building.
Michaelena Comerford inquired about the proposed business hours. Mrs. Felt said they anticipate being open 4:00-10:00 PM certain days of the week. The days and times may vary depending on season, or when they start up the arcade game building classes. However, it would not go past 10:00 PM.
PUBLIC COMMENTS: Chairman Fridmann opened the public comment portion of the hearing. Attendees were instructed to state their name and address when speaking. No comments were made. SEQR DECLARATION: The board reviewed the Short Environmental Assessment Form Part 2. Regarding #10, the board asked Mrs. Felt what the current condition of the parking lot is, and if they plan to blacktop the whole thing. Mr. Tabone replied that the smaller front lot, used for the office spaces, is blacktopped. The larger side lot is millings. Mrs. Felt said they don’t currently have any plan to blacktop the larger lot. Chairman Fridmann instructed her that they can come back in the future if they decide they want to. After discussion, the answer to all 11 questions was ‘No, or small impact may occur’.
Michaelene Comerford made a motion to declare a Negative Declaration under the State Environmental Quality Review Act with respect to the Special Use Permit application submitted by Amber Felt based on the fact that the use is for an existing structure and no exterior dimension changes are proposed. The motion was seconded by Alex Moon and carried unanimously by roll call vote.
ROLL CALL VOTE:
Ray Lewandowski – ABSENT Alex Moon – AYE Ruth Eckstrom – ABSENT Michaelene Comerford – AYE Jonathan Townsend (Alternate) – AYE David Fridmann – AYE
DECISION: Chairman Fridmann stated that because the use is not specifically listed as a “use by right” or a “use by special permit” based on Chapter 300-26 of the Town of Pomfret Code, the board needs to determine if the proposed use is similar to permitted uses for the Highway Business (B2) district. A similar use listed in Chapter 300-16 under “uses by special use permit” is Commercial recreation. The board unanimously agreed the proposed use meets the criteria of Chapter 300-26.
A motion was made by Michaelene Comerford to grant a Special Use Permit with conditions to Amber Felt for the conversion of an existing business/storage building into a family entertainment facility at 10164 Route 60, Fredonia, NY 14063 SBL: 114.00-3-73.3 located in Highway Business District (B2). The motion was seconded by Jonathan Townsend, and carried unanimously by roll call vote with the following conditions:
- Signage must conform to Town of Pomfret Signage restrictions as per Chapter 300-50
- Public business operational hours will end at 10:00pm daily
ROLL CALL VOTE:
1. Ray Lewandowski - ABSENT
2. Alex Moon - AYE
3. Ruth Eckstrom - ABSENT
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - AYE
6. David Fridmann - AYE
ADJOURNMENT: Jonathan Townsend made a motion to adjourn the hearing, seconded by Alex Moon at 7:10 PM The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Zoning Board of Appeals Clerk, Town of Pomfret
Public Hearing #05-2024
APPLICANT/OWNER:
Jeffrey O’Brien
8082 Kelly Hill Rd
Stockton, NY 14784
SBL: 180.00-1-39
Area Variance
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Ray Lewandowski, Nicole Waite (Zoning Clerk), David Penharlow (Zoning Enforcement Officer)
ABSENT: Alex Moon, Jonathan Townsend (Alternate)
PUBLIC PRESENT: Jeffrey O’Brien
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:40 P.M.
ACCEPTANCE OF MEETING MINUTES: A motion to accept the minutes of Public Hearing #4-24 Carbon Graphite Materials was made by Michaelene Comerford and seconded by Ray Lewandowski. The motion carried unanimously. Ms. Comerford asked Clerk Waite if a copy of the executed lease had been received, but it hadn’t.
NOTIFICATION OF MEETING: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#05-24) will be held by the Pomfret Zoning Board of Appeals on July 2, 2024 at 6:30 P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the appeal of Jeffrey O’Brien, for property located at 8082 Kelly Hill Rd, Stockton, NY 14784 for an: Area Variance. This property is described on the tax map as SBL: 180.00-1-39.
The proposed action is the construction of a 32’ x 36’ 2-story garage workshop. The Building Permit denial was based on failing to meet the Town of Pomfret’s Zoning Code Section 300-13 E “Area Standards”. The property is zoned Agricultural/Residential (AR1).
This application for an Area Variance is open to inspection at the Town of Pomfret Planning & Zoning Office, 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 or by agent or attorney. Please contact the Zoning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: None
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by the applicant, and agreed the answer for #9 should be ‘Yes’ and #14 should include ‘Agriculture’.
PROJECT DISCUSSION: Michaelene Comerford asked Mr. O’Brien if the garage would have electricity and water. He responded that it would have electricity, but he is unsure if he’ll want water. Chairman Fridmann asked if the electricity would be extended underground, to which Mr. O’Brien replied yes.
Chairman Fridmann also asked for confirmation that the set back variance requested is 55 feet, which does not meet the area standard of 100 feet for the AR1 district. Mr. O’Brien explained that the garage would be situated towards the front of his house so he could utilize the already existing driveway. The lot is oddly shaped and wouldn’t allow him to meet the minimum setback requirements.
Ray Lewandowski asked if the garage would be for personal use or open to the public. Mr. O’Brien explained he would be using the structure to store and fix his personal vehicles and farm equipment. The garage doors will be large enough to fit farm equipment.
The board discussed a nearby barn, that based on GIS imaging looks like it is located on 180.00-1-38, but is actually on 180.00-1-39. Chairman Fridmann was concerned that with this other structure the proposed garage wouldn’t meet % coverage requirements. Ms. Eckstrom stated that it would be less than 30% coverage.
Chairman Fridmann asked if any additional lighting would be installed. Mr. O’Brien said there is currently a light on a pole that he believes will be sufficient. Ms. Eckstrom commented that if any new lighting is installed it cannot negatively affect drivers or neighboring properties.
It was discussed and agreed that this new structure would not increase traffic to the area.
PUBLIC COMMENTS: None SEQR DECLARATION: Ruth Eckstrom made a motion to declare a Negative Declaration under the State Environmental Quality Review Act with respect to the Area Variance application submitted by Jeffrey O’Brien. The motion was seconded by Michaelene Comerford and carried unanimously by roll call vote.
ROLL CALL VOTE:
Ray Lewandowski – AYE Alex Moon – ABSENT Ruth Eckstrom – AYE Michaelene Comerford – AYE Jonathan Townsend (Alternate) – ABSENT David Fridmann – AYE
DECISION: A motion was made by Michaelene Comerford to grant an Area Variance for the construction of a 32’ x 36’ 2-story garage workshop to Jeffrey O’Brien, at 8082 Kelly Hill Rd, Stockton, NY 14784 SBL: 180.00-1-39 located in Agricultural/Residential District (A1) for the following reasons: the structure is to be constructed adjacent to the primary residence for the convenience of the homeowner, and the driveway for the additional building is already in use. The motion was seconded by Ruth Eckstrom, and carried unanimously by roll call vote with the following conditions:
- External lighting will not impact the roadway or adjacent neighbors’ property; and
- Any alteration from the supplied drawings must be reviewed by the Code Enforcement Officer
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - ABSENT
3. Ruth Eckstrom - AYE
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - ABSENT
6. David Fridmann - AYE
ADJOURNMENT: Michaelene Comerford made a motion to adjourn the hearing, seconded by Ray Lewandowski at 7:04 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Nicole Waite
Zoning Board of Appeals Clerk, Town of Pomfret
Public Hearing #04-2024
APPLICANT:
Carbon Graphite Materials
9491 Rt 60
Fredonia, NY 14063
SBL: 131.17-1-31
Special Use Permit
OWNER:
Andrew Card
PO Box 56
Otto, NY 14766
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Alex Moon, Ray Lewandowski, Jonathan Townsend (Alternate), Nicole Waite (Zoning Clerk)
PUBLIC PRESENT: Ryan Walker, Charles Dispenza
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MEETING MINUTES: Ruth Eckstrom pointed out that the spelling of Eunice Abel’s last name needed to be corrected in the draft minutes. A motion to accept the amended minutes of Public Hearing #3-24 Greg Frazita was made by Ruth Eckstrom and seconded by Ray Lewandowski. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#04-24) will be held by the Pomfret Zoning Board of Appeals on the June 4, 2024 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 at 6:30 P.M. to consider the appeal of:
Carbon Graphite Materials, for property located at 9491 Route 60 Fredonia, N.Y. 14063. For a: Special Use Permit
This property is described on the tax map as SBL: 131.17-1-31. The proposed action is the receiving, storage, repackaging, and shipment of graphite. The Building Permit denial was based on failing to meet the Town of Pomfret regulations for B2 Highway Business District “Use by Right” under the Town of Pomfret Zoning Code.
This application for a Special Use Permit is open to inspection at the office of the Town of Pomfret, 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 or by agent or attorney. Please contact the Zoning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: The only correspondence received regarding this application was the decision of the Chautauqua County Planning Board that this is a matter of local concern.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by the applicant. The applicant only selected ‘Rural (non-agriculture) for #4, however the board agreed it would be appropriate to also mark Industrial, Aquatic and Other: Educational. The project site is set up for industrial use, it is located directly adjacent to Canadaway Creek, and it is adjacent to Boards of Cooperative Educational Services (BOCES) property.
#7 should be ‘No’, as Canadaway Creek is not a state listed Critical Environmental Area. #9 will be changed to ‘Yes’ as all new features will at least meet state energy code requirements.
PROJECT DISCUSSION: Charles Dispenza and Ryan Walker provided an overview of the proposed use of the property. Carbon Graphite Materials currently operates out of their facility in Brocton, NY. They receive graphite that is mined in Madagascar, shipped to Baltimore, then transported to their plant. The graphite is then blended on site based on their customer’s specifications then put in a holding bin. When ready, the product is automatically bagged, palletized, wrapped, and stored until shipment. Flatbeds pick up their shipments and deliver them to construction sites. Their customers use the graphite when drilling geothermal wells. Due to limited storage at their current plant, pallets are being stored outside. The expansion into 9491 Route 60 would provide the company with enough space to process and store the product. The company expects steady growth based on trends in green energy, and customer commitments. The only anticipated signage is removing the current lettering on the building and changing it to the name of their company. All signage will adhere to the Town of Pomfret’s sign regulations. When discussing proposed lighting, the board agreed that it needs to not interfere with traffic along Route 60, or the surrounding neighborhood.
Ray Lewandowski asked about truck traffic. According to Mr. Dispenza they’ll average 3 trucks per day, with a maximum of 5. There are a few weeks between receipts. Those in between weeks will only have shipments. Michaelene Comerford inquired about hours of operation, and whether or not there would be noise disturbances very early in the morning. Mr. Walker responded that they only work 1st shift, mostly Monday-Friday. Ideally, they would like to run 4 days a week with 10-hour days. Mr. Dispenza added that unloading takes place at 8:00am and loading from 11:00am to 3:00pm. All processing is handled inside the building, with minimal noise.
Chairman Fridmann asked how many employees would be working at this facility. Mr. Dispenza replied they would have 5 to start, with hopes of expanding to 10. Some of the 5 are current Brocton employees that would need to be replaced at that facility. Jonathan Townsend asked if any product would be stored outside, and for how long. The answer is that long term storage would be inside the building. Shipments are staged outside the day of pick up, however if unforeseen circumstances delayed pick up by a day or two the shipment would remain staged outside until then. This limits the amount of and chances of damage or flow into the nearby creek in the event of a flood or other disaster.
Mr. Dispenza explained that any dust from blending is collected and reused. The exhaust system flows back into the building, virtually eliminating any leakage into the surrounding air.
There was some confusion about whether the property has a septic system or was connected to public facilities. The real estate listing, and Chautauqua County GIS listed the property as ‘Comm/public’ for water and sewer. However, further investigation led the board, and the applicant to believe it has a septic system, which would need to be inspected by the Chautauqua County Health Department.
The board agreed it would accept an executed copy of the lease/purchase agreement as proof of the current property owner’s knowledge and consent for the suggested use.
PUBLIC COMMENTS: None SEQR DECLARATION: Alex Moon made a motion to declare a Negative Declaration under the State Environmental Quality Review Act with respect to the Special Use Permit application submitted by Carbon Graphite Materials, because the building footprint will not change, and graphite is a naturally occurring mineral. The motion was seconded by Michaelene Comerford and carried unanimously by roll call vote.
ROLL CALL VOTE:
Ray Lewandowski – AYE Alex Moon – AYE Ruth Eckstrom – AYE Michaelene Comerford – AYE Jonathan Townsend (Alternate) – AYE David Fridmann – AYE
DECISION: A motion was made by Ruth Eckstrom, seconded by Jonathan Townsend, to grant a Special Use Permit for the receiving, storage, repackaging, and shipment of graphite to Carbon Graphite Materials, at 9491 Rt 60 Fredonia, NY 14063 SBL: 131.17-1-31 located in a Highway Business District (B2) with conditions. The motion carried unanimously by roll call vote with the following conditions:
- All signage must comply with Town of Pomfret’s sign regulations
- All lighting must not interfere with road traffic or neighboring properties
- A copy of the executed lease/purchase agreement must be filed with the Town of Pomfret Planning & Zoning Clerk
- Septic system review must be conducted by the Chautauqua County Health Department
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom - AYE
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - AYE
6. David Fridmann - AYE
ADJOURNMENT: Michaelene Comerford made a motion to adjourn, seconded by Ray Lewandowski at 7:37 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Zoning Board of Appeals Clerk
Town of Pomfret
Public Hearing #03-24
APPLICANT:
Greg Frazita
8513 Route 60
Cassadaga, NY 14718
SBL: 164.00-3-11
Area Variance
OWNER:
Penergy
9033 Spoden Rd
Fredonia, NY 14063
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Ray Lewandowski, Jonathan Townsend (Alternate), Nicole Waite (ZBA Clerk)
ABSENT: Alex Moon
PUBLIC PRESENT: Greg Frazita, John Connelly, David Abel, Eunice Abel
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MEETING MINUTES: A motion to accept the minutes of Public Hearing #1-24 Daniel’s Truck and #2-24 Chautauqua Watershed Conservancy was made by Ruth Eckstrom and seconded by Michaelene Comerford. The motion carried unanimously.
NOTIFICATION OF MEETING: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#03-24) will be held by the Pomfret Zoning Board of Appeals on the May 7, 2024 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 at 6:30 P.M. to consider the appeal of:
Greg Frazita, whose property is located at 8513 Route 60 Cassadaga, N.Y. 14718. For an: Area Variance__
This property is described on the tax map as SBL: 164.00-3-11. The proposed action is the construction of a 32ft x 40ft storage building with 3 bays, which would not meet the Town of Pomfret Zoning setbacks and the Building Permit has been denied. The permit denial was based on failing to meet the Town of Pomfret regulations for AR1 Agricultural/Residential District Area Standard under the Town of Pomfret Zoning Code adopted in July 2022.
This application for an Area Variance is open to inspection at the office of the Town of Pomfret Code Enforcement Officer, 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. The Zoning Board of Appeals will consider the application for an:
Area Variance for the proposed construction of a 3-bay storage building, located at 8513 Rt 60 Cassadaga, N.Y. 14718 SBL: 164.00-3-11.
And the interpretation of the Zoning Law as it applies to the request of:
Greg Frazita 19 Porter Ave Fredonia, N.Y. 14063
Any person may appear in person or by agent or attorney. Please contact the Zoning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: The only correspondence regarding this application was a response from the Chautauqua County Department of Planning and Development regarding the 239 Referral. They declared this a matter of local concern.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR submitted by the applicant. #1 and #2 had been left blank. The board discussed and instructed the applicant the answer for both should be ‘No’. #5 and #6 were also blank, and the board agreed the answer for both is ‘Yes’. For #9 and #10 Mr. Frazita clarified that the parcel has well water and a septic system. To his knowledge the well was tested by the current owner within the last 4-5 years. The board discussed and agreed that the answer to #14 should be changed from ‘Urban’ to ‘Early mid-successional’, and #15 should be changed from ‘No’ to ‘Yes’ due to bald eagles.
PROJECT DISCUSSION: Greg Frazita explained that the area variance request is for the construction of a 32ft x 40ft storage building that will be used to store his personal tools. He would like the storage building front to face Route 60 and wishes to install a blacktop driveway that connects the current Route 60 driveway to a new one on Spoden Road. Due to the steep incline on the Spoden Rd side the driveway would need to be dug out to make it gradual. The board agreed that due to heavy traffic on Route 60 a driveway on Spoden Rd makes sense. He described the exterior as the base being blue from the ground up to 3ft, with the remaining painted white. The roof will have black shingles.
Michaelene Comerford visited the property site to verify the GIS parcel measurements. The Route 60 boundary was accurate. However, her measurement of the southernmost boundary was 72ft instead of the 150ft documented in Chautauqua GIS, and her Spoden Road measurement was 232.7ft instead of 285ft. She contacted Chautauqua County regarding the discrepancies and was told the measurements have been recently changed for many properties along Route 60, but those changes are not yet reflected in GIS.
Ruth Eckstrom asked if the storage building would be heated, winterized, and non-habitational. Mr. Frazita confirmed all of those. The building will utilize propane for heating.
Ray Lewandowski asked if the applicant would be running a business from the property. Mr. Frazita said that he would be storing only personal property with no commercial component. Mr. Lewandowski also asked if there would be any signage or lighting installed. There will be no signage, however there will be security lighting.
Jonathan Townsend inquired about what site prep will need to take place prior to construction. According to Mr. Frazita the location of the demolished house will need to be leveled, and trees will need to be cleared – particularly dead ash trees.
The proposed storage building’s 1,280 sq ft is a smaller footprint than the previous house, which was 1,344 sq ft.
PUBLIC COMMENTS:
- David Abel, 8506 Route 60, Cassadaga, NY 14718: Explained he lives across Route 60 from the parcel being discussed. He believes the past widening of Route 60 is what led to the parcel measurement discrepancies noted by Ms. Comerford.
He described past and ongoing arguments between property owners in this area, particularly surrounding snow removal leading to blockage of each other’s driveways. He is concerned that future owners might let ‘junk’ pile up outside of the storage building, which would create an eyesore for neighbors. He also has concerns that the items being stored would increase the attraction of robbers – as he believes there are already illegal activities going on along this corridor. He commented that any future further widening of Route 60 would take away more of the property area. Mr. Abel expressed that he does not support the proposed area variance.
- Eunice Abel, 8506 Route 60, Cassadaga, NY 14718: Brought to the attention of the board that the adjoining property, 8515 Route 60, has been re-listed for sale.
- John Connelly, Risley St, Fredonia, NY 14062: Spoke in favor of the proposed application. He explained that he is familiar with how well Mr. Frazita maintains his personal home and property, so he believes there should be no concern for the maintenance of this building or yard. Mr. Connelly owns a similar storage building for his own tools, cars, boat, and farm equipment and suggested that to allay the fears of Mr. and Mrs. Abel, there could be stipulations put on any outdoor storage, and the hours of operation and direction of lighting.
ROLL CALL VOTE:
Ray Lewandowski – AYE Alex Moon – ABSENT Ruth Eckstrom – AYE Michaelene Comerford – AYE Jonathan Townsend (Alternate) – AYE David Fridmann – AYE
DECISION: A motion was made by Ruth Eckstrom, seconded by Michaelene Comerford, to grant an Area Variance with conditions to Greg Frazita, for construction of a 32ft x 40ft 3-bay storage building as presented with a Zoning Board of Appeals application for property located at 8513 Route 60, Cassadaga, NY 14718 SBL: 164.00-3-11. The motion carried unanimously by roll call vote with the following conditions:
- Construction of driveway to Spoden Road
- Security lighting which does not shine onto neighboring property or Route 60
- Centering of structure between Route 60 and Spoden Road, with a 25-foot set back on Spoden Road
- North side of property building side yard, including driveway, of 27 feet
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - ABSENT
3. Ruth Eckstrom - AYE
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - AYE
6. David Fridmann - AYE
ADJOURNMENT: Michaelene Comerford made a motion to close the public hearing, seconded by Ray Lewandowski at 7:34 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite, Zoning Board of Appeals Clerk
Hearing #1 of 24- March 5, 2024
Minutes of Zoning Board of Appeals
Public Hearing #01-24
APPLICANT:
Daniel’s Truck, Auto and Trailer Repair, Inc.
10260 McAllister Road
Fredonia, N.Y. 14063
Use Variance
SBL: 114.09-1-13
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Alex Moon, Ray Lewandowski, Jonathan Townsend (Alternate)
OFFICIALS PRESENT: Warren Kelly (Code Enforcement Officer)
PUBLIC PRESENT: Attorney-John Gullo, Daniel Pelsey, Justin Pelsey, Mr. Daniel Pelsey’s Daughter
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:30 P.M.
MEETING MINUTES: Minutes from the November 14, 2023 Public Hearing were unavailable. They will be reviewed at a future hearing.
MEETING NOTICE: Chairman Fridmann read the Public Hearing Notice aloud.
MUNICIPAL REFERRAL: Dave Fridmann read the Municipal Referral 239, and Chautauqua County’s decision that this is a Matter of Local Law.
PROJECT DISCUSSION: Attorney John Gullo explained that the property owner, Daniel Pelsey, needs a special use permit in order to get his business registered as an auto repair shop with New York State. The current building is a commercial garage with attached residential. It is the applicant’s understanding that the property has been used by past owners for the same use he is applying for.
Warren Kelly and David Fridmann have both visited the property. Mr. Kelly had notified the owner of additional construction and safety concerns that needed to be addressed. Justin Pelsey provided the board with blue prints for the wall between the residential apartment and commercial shop. He indicated that project was close to completion. Fire extinguishers will be in both locations, and heat detectors are being installed in the shop with an alarm in the apartment.
The board and applicants discussed the typical number of vehicles that could be expected on the property: 5 customer vehicles, 3 semis, 4 personal vehicles, and 3 employee vehicles. Vehicles will not be stored on site. Engines will not be run overnight. Any overnight refrigeration noise will be rare and limited to short cycles.
There are no plans for permanent signage. Instead, the applicant will use tent signs that come down daily.
PUBLIC COMMENT: None
STATE ENVIRONMENTAL QUALITY REVIEW:
The board reviewed the Part 1 SEQR submitted by the applicant. The applicant discussed safety precautions they take on site. They report that oil filters are properly disposed of; used anti-freeze is put into drums that are picked up to recycle; all tires are disposed of properly; used oil is stored in a 250-gal tank, and 55-gal drums. Those drums are stored on concrete floors without drainage in case of accidental spillage. The waste oil is re-used in an oil laced burner for heat in the winter.
Ruth Eckstrom made a motion to declare a Negative Declaration under the State Environmental Quality Review Act with respect to the Use Variance submitted by Daniel’s Truck, Auto and Trailer Repair, Inc. The motion was seconded by Michaelene Comerford and carried by a roll call vote.
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom -AYE
4. Michaelene Comerford -AYE
5. Jonathan Townsend (Alternate) -AYE
6. David Fridmann -AYE
DECISION:
A motion was made by Ruth Eckstrom, seconded by Michaelene Comerford, to grant a Use Variance to Daniel Pelsey, Owner of Daniel’s Truck, Auto and Trailer Repair, Inc. 10260 McAllister Road SBL: 114.09-1-13 located in a Residential District (R2) with conditions. The motion was carried unanimously by roll call vote with the following conditions:
- Hours of operation continue as stated in application
- Total number of vehicles on exterior of building will not exceed 20
- Prior to occupation, Code Enforcement Officer issues a certificate of occupancy
- All signage will be compliant with Town of Pomfret code
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom -AYE
4. Michaelene Comerford -AYE
5. Jonathan Townsend (Alternate) -AYE
6. David Fridmann -AYE
ADJOURNMENT: Alex Moon made a motion to close The Public Hearing, seconded by Ruth Eckstrom at 7:25 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite, Zoning Board of Appeals Clerk
Hearing #2 of 24- March 25, 2024
APPLICANT:
Chautauqua Watershed Conservancy
71 E Fairmount Avenue
Lakewood, NY 14750
SBL: 112.00-3-11.1
Special Use Permit
PRESENT: Dave Fridmann (Chairman), Ruth Eckstrom, Michaelene Comerford, Alex Moon, Ray Lewandowski, Jonathan Townsend (Alternate)
OFFICIALS PRESENT: None
PUBLIC PRESENT: Twan Leenders (Director of Chautauqua Watershed Conservancy), Jim Bailen, Anthony Mancuso, Greg Prechtl
CALL TO ORDER: Chairman Fridmann called the meeting to order at 7:30 P.M.
MEETING MINUTES: Minutes from the November 14, 2023 Public Hearing were unavailable. They will be reviewed at a future hearing.
MEETING NOTICE: Chairman Fridmann read the Public Hearing Notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#02-24) will be held by the Pomfret Zoning Board of Appeals on March 5, 2024, at 7:00 P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the application of Chautauqua Watershed Conservancy., whose property is located on 34 Johnson Street., Fredonia, N.Y. 14063.
For a: Special Use Permit.
This property is described on the tax map as SBL: 112.00-311.1. The proposed action is to construct a gravel parking lot in an area that is zoned AR-2. This parking lot will be 52 feet x 42 feet off the side street. Under the Town of Pomfret Zoning Code, a Commercial/Business parking lot is not a “Use by Right” (under section 300-14B Agricultural/Residential (AR-2). The land is currently Zoned as AR-2 Agricultural Residential.
This application for a Special Use Permit is open to 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 or by agent or attorney. Please contact the Zoning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Zoning Board of Appeals or at such hearing. All interested persons shall be heard.”
CORRESPONDENCE: No correspondence was received regarding this application.
SEQR PART 1 REVIEW: The board reviewed the Part 1 SEQR included in the application and had no concerns or comments.
PROJECT DISCUSSION: Twan Leenders explained that the Chautauqua Watershed Conservancy is one of the largest land trusts in the area, has been in operation for over 30 years, and has 1200+ protected acres in the county. This parcel was unexpectedly donated to the Conservancy last year so their vision for the preserve isn’t finalized. Their intent for the property is to preserve the creek, wetland habitat, and watershed – while creating a grassland habitat with trails that allow for low-impact passive recreation. The preserve will be open to the public to enjoy nature. This Special Use Request is for a small parking area on Johnson Street to avoid on street parking in the neighborhood. Educational signs and a kiosk are currently being installed.
Chairman Fridmann reported he took a walk through the site to the creek. He asked how the site will be maintained. Mr. Leenders responded that the property had been maintained as a hay field for a while. The Conservancy might switch to a grass species that would benefit native insects/animals and won’t need to be maintained the same as hay.
Ruth Eckstrom asked if the current stakes are outlining the area for the parking lot. Mr. Leenders replied that the stakes are not for the parking lot. The proposed lot will be gravel, which is permeable to handle the ground wetness. The lot will be 1 row of 5 cars. The final lot plan will need to go through code enforcement to ensure compliance for parking lot regulations.
Ms. Eckstrom inquired to how the applicant will handle overnight parking. Mr. Leenders explained there is on street parking, and all of their preserves have a steward that checks on sites regularly.
Alex Moon asked about liability for those on site. According to Mr. Leenders, the Conservancy carries liability insurance for all of their properties. There will also be signage indicating allowed uses, rules, and dos/don’ts.
Chairman Friddman asked if hunting is allowed on most of the applicant’s preserves. Mr. Leenders indicated that it is not allowed on ones with more dedicated trails or are too close to residential. Any allowed hunting is by request only, and requires permission and to abide by all laws. This particular parcel may not be 500 ft away from residences so it may not be allowable. Chairman Fridmann inquired about bathroom facilities. The Conservancy doesn’t intend to put them in because of the impact the necessary infrastructure would have on the land.
PUBLIC COMMENT:
- Jim Bailen, 9 Ventura Cir Fredonia, NY 14063: Explained he has been a resident of the neighborhood for 30+ years and expressed concerns for the safety of nearby residents regarding potential hunting and traffic pulling in/out of the parking lot. The setback rules for crossbow and archery hunting are less than those for rifles, which might make it a possibility for this parcel. According to him the curb cut is close to an intersection with limited visibility, that becomes even worse with overgrowth and snow plowing. There is a drainage system on the southwest section of the property he reports has standing water that attracts mosquitos and doesn’t drain to the creek. The property line runs up to residential so he has concerns of people entering private property and infringing on the residents’ privacy. He also questioned the hours of operation, after hours lighting, and the potential for people partying on the property. He suggested moving the parking lot to Berry Road instead to mitigate the concerns for traffic, pedestrians, and visibility.
- Anothony Mancuso, 24 Ventura Cir Fredonia, NY 14063: A parent of 2 young children expressed concerned about increased traffic, and people using the parking lot for nefarious reasons. He questioned who will police the hours, if the lot will be gated, and how the applicant will keep people off private property.
- Greg Prechtl, 10 Johnson St Fredonia, NY 14063: Resident explained he is very happy the applicant has obtained the property and their intended use for it. He does not support hunting on the property due to its proximity to residential. He requested signage to indicate hours of operation, no overnight camping, and no hunting. He suggested having the Sheriff’s Department patrol the area in the evening.
- Mr. Lenders responded to the public’s comments. He indicated that the Chautauqua Watershed Conservancy would be open to putting in trees or using other methods to mitigate privacy concerns by nearby houses. He explained that hours of operation are expected to be dawn until dusk without special permission, with appropriate signage. Having no hunting on the site is a strong possibility due to its location. They could also include signage along the property line to avoid wandering onto private property.
- The Board echoed concerns about the parking lot location and agreed that Berry Road would provide more visibility, more police patrolling, and less children/pedestrians crossing the road.
A motion for continuance of the public hearing to April 9, 2024 at 6:30PM was made by Michaelene Comerford, seconded by Raymond Lewandowski. The motion was carried unanimously by roll call vote.
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom - AYE
4. Michaelene Comerford - AYE
5. Jonathan Townsend (Alternate) - AYE
6. David Fridmann - AYE
PRESENT: Dave Fridmann -Chairman, Ruth Eckstrom, Alex Moon, Ray Lewandowski, Jonathan Townsend (Alternate) Zoning Board Clerk-Nicole Waite
ABSENT: Michaelene Comerford
OFFICIALS PRESENT: None
PUBLIC PRESENT: None
CALL TO ORDER: Chairman Fridmann called the meeting to order at 6:30 P.M.
PROJECT DISCUSSION: Chairman Fridmann received an email from Twan Leenders, Director of the Chautauqua Watershed Conservancy regarding their application for Special Use Permit. In the email he indicated the Conservancy plans to resubmit their application based on the changes previously recommended by the Zoning Board of Appeals. To date, no reapplication was received and no representative of the applicant is present.
PUBLIC COMMENT: None
DECISION: A motion to close Public Hearing #02-24 with no decision was made by Ruth Eckstrom, and seconded by Jonathan Townsend. The motion was carried unanimously by roll call vote.
ROLL CALL VOTE:
1. Ray Lewandowski - AYE
2. Alex Moon - AYE
3. Ruth Eckstrom -AYE
4. Michaelene Comerford -ABSENT
5. Jonathan Townsend (Alternate) -AYE
6. David Fridmann -AYE
OTHER BUSINESS: The board briefly discussed two pending zoning applications. Chairman Fridmann will discuss one with Warren Kelly (Code Enforcement Officer) to ensure it is categorized correctly before moving forward.
Chairman Fridmann mentioned that progress on the Town Code update is ongoing. The public will have an opportunity to review and comment. A full submission to the Zoning Board of Appeals is anticipated in Fall of 2024.
ADJOURNMENT: Ruth Eckstrom made a motion to adjourn, seconded by Ray Lewandowski at 6:44 P.M. The motion carried unanimously.
Respectfully Submitted,
Nicole Waite
Zoning Board of Appeals Clerk
Town of Pomfret
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:
- 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
November 14, 2023- #6-23
Whereas, on November 14, 2023, at 6:30 P.M., Hearing # 06-23 for a Special Use Permit and an Area Variance Application was duly conducted by the Town of Pomfret Zoning Board of Appeals. A request for a Special Use Permit and an Area Variance was made by Mike Rukavina, 4 Johnson St., Fredonia, N.Y. 14063, seeking approval to remove the existing 10”x 12” shed, replace, and install a new prefabricated 12”x 16” wood-framed storage building in the side yard in the exact location. Located in an (R1) Residential District at 4 Johnson St. Fredonia, N.Y. 14063 (SBL: 112.20-1-15).
NOW, THEREFORE, upon a motion made by Ruth Eckstrom, seconded by Michaelene Comerford, to grant a Special Use Permit and an Area Variance to Mike Rukavina, 4 Johnson St., Fredonia, SBL:112.20-1-15 and approve the removal of an existing 10x12 shed to be replaced with a new prefabricated 12x16 wood framed storage building located in a Residential District (R1) with the following condition. The motion carried unanimously by roll call vote.
Condition:
- The final installation of the shed must be staked into the ground per NYS Fire and Building Codes.
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Alex Moon (Alternate) – AYE
4. Ray Lewandowski - AYE
5. David Fridmann, -AYE
Pomfret Zoning Code
PDF
This PDF contains the documentation for the zoning code for the town of Pomfret.
