Planning & Zoning Clerk

Nicole Waite
9 Day Street
Fredonia, NY 14063
Phone:716-672-7496 x7
Email: zpclerk@townofpomfretny.org

 

Pomfret Planning Board

James Joy-Chairman
Rob Smith
Heather Lesch
Ashley Willebrandt
Robert Dando


-The Town Planning Board shall have the following duties with respect to the Town of Pomfret Zoning Law:
   A:  Recommendations
       1.  Optional Recommendations - The Town Planning
            Board shall submit reports within thirty (30) days
            after referral on any "optional" matter referred
            to  it, with respect to the Town of Pomfret Zoning
            Law.
       2.  Mandatory Recommendations - The Town Planning
            Board shall submit recommendations to the
            appropriate Board on all applications for:
               a.  all Special Use Permits under the jurisdiction
                    of the Municipal Board;
               b.  any Special Use Permits which the Zoning
                    Board of Appeals chooses to refer to the
                    Planning Board; and
               c.  Zoning Amendments
  B.  Review of the Zoning Law - To review the Zoning
       Laws at least every five (5) years and make
       written recommendations for amendments,
       should they be necessary.
 

Planning  Board Meetings

Town of Pomfret Planning Board meetings for 2024 are scheduled for the first Monday of each month at 6:30 P.M. except where indicated (*):

2024:
July 1st
August 5th
September 9th
October 7th
November 4th
December 2nd

Planning  Resolutions

May 6, 2024, Hearing #4 of 24
APPLICANT: 
Dustin Schauman
8055 Barnum Rd
Cassadaga, NY 14718
SBL: 182.00-1-11
Minor Sub-Division

PROPERTY OWNER:       
Dustin Schauman
8010 Barnum Rd
Cassadaga, NY 14718
                       
PRESENT: James Joy (Chairman), Heather Lesch, Robert Dando, Robert Smith,
Ashley Willebrandt, Nicole Waite (Planning Clerk)                                     

PUBLIC PRESENT: Dustin Schauman
                       
CALL TO ORDER: Chairman Joy called the meeting to order at 7:00 P.M.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
“NOTICE IS HEREBY GIVEN that a Public Hearing (#04-24) will be held by the Pomfret Planning Board on May 6, 2024, at 7:00 P.M at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 to consider the appeal of: Dustin Schauman, whose property is located at 8055 Barnum Rd, Cassadaga, NY 14718 for a Minor Subdivision.
This property is described on the tax map as
SBL: 182.00-1-11. The proposed action is to divide two (2) lots within the 23.7+/- acres of land. The first lot: 2.0 acres, the second: 21.7 acres. Under the Town of Pomfret Zoning Code, the land is currently Zoned as AR-1.

This Minor Subdivision application is for inspection at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.    

PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed request under SEQRA will be reviewed by the Board at said hearing.

Any person may appear in person, agent, or attorney. Please contact the Planning Office at 672-7496 Ext. 7 with any questions. Communication in writing in relation thereto may be filed with the Planning Clerk or at such hearing. All interested persons shall be heard.” 

CORRESPONDANCE: None received
SEQR PART 1 REVIEW: The SEQR Part 1 that was included with the application was not accurate, as it described the proposed action as subdividing the 23.7 acres of land into two parcels: 1.0 acres and 22.7 acres. The applicant was directed to complete an updated form to reflect the subdivision into two parcels: 2.0 acres and 21.7 acres. The newest SEQR Part 1 was reviewed by the Board.
PROJECT DISCUSSION: The Board reviewed Dustin Schauman’s application materials for the proposed Minor Subdivision of 8055 Barnum Rd, Cassadaga, NY SBL: 182.00-1-11. They questioned page 2 of the application where Mr. Schauman marked ‘No’ for Water Well and Septic System, then wrote ‘existing’ next to both. Mr. Schauman indicated he thought that he chose ‘No’ since they were both already existing, and no new would be constructed. Both were updated to ‘Yes’.
Mr. Schauman explained that this application is the same as the one reviewed at a Planning Board public hearing on January 9, 2023, with the only difference being that the proposed subdivision of the 23.7-acre parcel is now two parcels, one 2.0 acres and the other 21.7 acres. Previously, the proposed new parcel sizes were 1.0 acre and 22.7 acres. After the 2023 hearing the applicant was informed that the smallest parcel needed to be at least 2 acres in order to adhere to Chautauqua County Health Department requirements. The current application satisfies this requirement.

PUBLIC COMMENT: None

SEQR DECLARATION: A motion made by Robert Dando, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Robert Dando, seconded by Heather Lesch, to grant a Minor Subdivision with conditions to Dustin Schauman, for sub-division of 23.7 acres into two parcels: 2.0 acres, and 21.7 acres, as presented with a Planning Board application for property located at 8055 Barnum Rd, Cassadaga, NY 14718 SBL: 182.00-1-11. The motion carried unanimously by roll call vote with the following conditions:
  • The sub-division of this land shall be recorded by deed in the County of Chautauqua within 90 days of the filing of this resolution.

ROLL CALL:
Jim Joy                        AYE
Rob Smith                    AYE
Heather Lesch              AYE
Robert Dando                 AYE
Ashley Willebrandt       AYE

ADJOURNMENT: Chairman Joy motioned to close the Public Hearing at 7:50 P.M., seconded by Robert Dando. The motion carried unanimously.
 
Respectfully Submitted,
Nicole Waite
Planning Clerk, Town of Pomfret


January 8, 2024 Hearing #1 of 24
Minutes of Planning Board Meeting
APPLICANT:  Minor Sub-Division SBL: 114.00-3-14
R. Timothy Eades
11 E. Main St.
P.O. Box 149
Fredonia, NY 14063

PROPERTY OWNER:       
Estate of Caroline Margaret Wood
3624 East Main Rd.
Fredonia, N.Y. 14063
                       
PRESENT: James Joy-Chairman-, Heather Lesch, Robert Dando, Robert Smith,
Planning Clerk-Teresa Bunge
                                               
PUBLIC PRESENT: Don Bull, Andrew Munch
                       
Chairman Joy called the meeting to order at 6:30 P.M.
 
  • A motion made by Robert Dando, seconded by Heather Lesch, to accept the minutes from 12/5/25 (#5-23 Genovese).  The motion carried unanimously.
  • Chairman Joy read the Public Hearing notice.
  • Jim Joy read Municipal Referral 239. The County has deemed it a matter of local concern.
  • Review of the Minor Subdivision for The Estate of Caroline M. Wood., 3624 East Main Rd., Fredonia, N.Y. 14063. The proposed action is to divide the house and two acres of land along Route 20 from the existing 4.93-acre vineyard to the rear.
  • The Proposed lots to be conveyed to Andrew Munch did not appear to have access from any road. The Board asked him to come up and show how he would gain access to it.

 PUBLIC COMMENT: Andrew Munch showed the Board that his grandfather (Don Bull) owns all the surrounding properties (Bull Farms, LLC). He will have access to the vineyard.
 
  • Andrew Munch was asked to get a verification statement from Attorney Timothy Eades to gain access through the vineyard on Swamp Road.
  • A motion made by Jim Joy, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
  • A motion made by Jim Joy, seconded by Robert Dando, to approve the minor subdivision with the house and two acres of land along Route 20 from the existing 4.93-acre vineyard to the rear with one condition, the newly subdivided parcel has access to the adjoining properties located in another jurisdiction (Town of Dunkirk) and has access to Swamp Road. A verification statement of accessibility through the Vinyard be granted in writing. The motion was carried by roll call vote.
ROLL CALL:
Jim Joy                       AYE
Rob Smith                AYE
Heather Lesch         AYE
Robert Dando         AYE
 
  • Robert Smith motioned to close the Public Hearing at 6:55 P.M., seconded by Heather Lesch. The motion carried unanimously.
 Respectfully Submitted,
Teresa Bunge
Teresa Bunge
Planning Clerk, Town of Pomfret

March 4, 2024 Hearing #2 of 24
MINUTES
APPLICANT:  Minor Sub-Division SBL: 164.00-3-22; 181.00-2-39; 181.00-2-4  
William Smith
9623 Lake Shore Rd.
Angola, NY 14006

PROPERTY OWNER:       
William Smith
9623 Lake Shore Rd.
Angola, NY 14006
                       
PRESENT: James Joy-Chairman-, Heather Lesch, Robert Dando, Robert Smith                

PUBLIC PRESENT: Two neighbors
                       
CALL TO ORDER: Chairman Joy called the meeting to order at 6:30 P.M.
ACCEPTANCE OF MINUTES: The minutes from Public Hearing #1-24 (1/8/24) were not available. They will be reviewed at a future meeting.
NOTIFICATION OF MEETING: Chairman Joy read the Public Hearing notice aloud.
CHAUTAUQUA COUNTY MUNICIPAL REFERRAL FINDINGS: Chairman Joy read Municipal Referral 239. The County has deemed it a matter of local concern.
PROJECT DISCUSSION: Review of the Minor Subdivision for William Smith, 9623 Lake Shore Rd., Angola, NY 14006. The proposed action is to divide three lots within the 40.991+/- acres of land. The first lot: 2.03 acres, the second: 3.04 acres, and the third lot: 35.91 acres.
PUBLIC COMMENT: No comments.

SEQR DECLARATION: A motion made by Robert Smith, seconded by Heather Lesch, to declare a Negative Impact for the proposed Minor Subdivision. The motion carried unanimously.
DECISION: A motion was made by Heather Lesch, seconded by Robert Dando, to approve the minor subdivision with one condition, the 35.91 third parcel must be retired and combined into one. The motion was carried by roll call vote.
ROLL CALL:
Jim Joy                   AYE
Rob Smith            AYE
Heather Lesch     AYE
Robert Dando        AYE

OTHER BUSINESS: The board discussed the appointment of Ashley Willebrandt to fill the current vacancy. The motion carried unanimously.
Due to a lack of business, the April 8, 2024 Public Hearing will be canceled. The next hearing is scheduled for May 6, 2024.

ADJOURNMENT: Robert Smith motioned to close the Public Hearing at 6:50 P.M., seconded by Heather Lesch. The motion carried unanimously.
 
Respectfully Submitted,
Nicole Waite
Planning Clerk, Town of Pomfret

March 7, 2023-#2 of 2023

WHEREAS, Robert Ellis, owner of property located at 4340 Bacheller Hill Rd, Stockton, NY 14784 (SBL: 181.00-1-42, 181.00-1-43), did present for approval pursuant to Local Law of the Town of Pomfret an application for a Minor Subdivision in said Town, and

WHEREAS, the Planning Board of the Town of Pomfret finds that the application for a minor subdivision is complete and that it includes a survey made by Matthew G. White, PLS 611 Clymer Hill Rd, Clymer, NY 14724, a licensed land surveyor in the State of New York showing the proposed subdivision of the lot, and

WHEREAS, the Planning Board of the Town of Pomfret did review said application at a regularly scheduled Public Hearing of said Board and determined that the subdivision of the; one consisting of 40 vacant acres, the other consisting of the remaining five vacant acres was conforming and therefore possible to subdivide into lot 1 Area=11.483 acres, lot 2 Area =24.322 acres and lot 3 Area=9.182.

NOW, THEREFORE, be it resolved that the request for a minor subdivision of the one parcel of land owned by Robert Ellis, owner of property located at 4340 Bacheller Hill Rd, Stockton, NY 14784, with an original (SBL: 181.00-1-42, 181.00-1-43), in the Town of Pomfret, County of Chautauqua, to be conformed consisting of 40 acres, and the remaining five acres be subdivided into lot 1 Area=11.483 acres, lot 2 Area =24.322 acres and lot 3 Area=9.182.
Motion made by Jim Joy seconded by Heather Lesch with the following conditions:
 
  •  The Subdivision of all portions of this land shall be recorded by deed in the County of Chautauqua within 90 days of the date of filing of this resolution
The resolution passed at a duly called Public Hearing of the Planning Board of the Town of Pomfret on the 6th day of March, 2023.  By the following roll call vote:

Jim Joy                        YES
Rob Smith                  YES
Janet Szymanski         YES
Heather Lesch            YES

June 5, 2023-#3 of 23
MINOR SUBDIVISION RESOLUTION
WHEREAS, Chad Bongiovanni, owner of property located adjacent to 9686 Seymour Rd, Fredonia, NY (SBL: 130.00-3-4.1), did present for approval pursuant to Local Law of the Town of Pomfret an application for a minor subdivision in said Town, and

WHEREAS, the Planning Board of the Town of Pomfret finds that the application for a minor subdivision is complete and that it includes a survey made by, GPI Greenman-Pederen, Inc., 200 Harrison St., Suite H2, Jamestown, licensed land surveyor in the State of New York showing the proposed subdivision of the lot, and

WHEREAS, the Planning Board of the Town of Pomfret did review said application at a regularly scheduled public meeting of said Board and determined that the subdivision of the 9.6-acre parcel into two lots, one consisting of 3.88 acres and the other consisting of the remaining 5.6 vacant acres was conforming and therefore possible.  

NOW, THEREFORE, be it resolved that the request for minor subdivision of the 9.6-acre parcel of vacant land owned by Chad Bongiovanni and located adjacent to 9686 Seymour Rd, Fredonia, New York, with an original SBL of 130.00-3-4.1, in the Town of Pomfret, County of Chautauqua, into two parcels consisting of 3.88 acres, and the remaining 5.6 acres be and the same is hereby approved.  Motion made by Heather Lesch and seconded by Rob Smith –with the following conditions:
  •  The sub-division of all portions of this land shall be recorded by deed in the County of Chautauqua within 90 days of the date of filing of this resolution.
The resolution passed at a public hearing of the Planning Board of the Town of Pomfret on the 5th day of June 2023.  By the following roll call vote:

Jim Joy                        AYE
Robert Dando            AYE
Rob Smith                  AYE
Janet Szymanski         AYE
Heather Lesch            ABSENT