townofpomfret

Planning/Zoning Clerk

Teresa Bunge
9 Day Street
Fredonia, NY 14063
Phone:716-672-7496 x7
Email: d eputyclerk@townofpomfretny.org

Pomfret Zoning Board

David Fridmann-Chairman
Michaelene Comerford
Vacancy
Raymond Lewandowski
Ruth Eckstrom
Alex Moon-Alternate

-The Zoning Board of Appeals shall act in strict accordance with procedures specified by Law and the Town of Pomfret Zoning Law.
The major duties of the Board shall be to hear and decide on variance requests as well as interpret the meaning of the Town Zoning Law as requested.
Additionally, they shall hear requests for selected Special Use Permits when a Variance (Use or Area) is also requested.

Applications for Zoning Board of Appeals

For Applications for:
Special Use Permit
Use Variance or
Area Variance

Please contact Teresa Bunge, deputyclerk@townofpomfretny.org
for the most current applications.

Zoning Board of Appeals Meetings

Town of Pomfret Zoning Board of Appeals 2023 meetings are scheduled for the first Tuesday of each month at 6:30 except where indicated:
December 5, 2023
2024:
January 9th
February 6th
March 5th
April 9th
May 7th
June 4th
July 2nd
August 6th
September 10th
October 1st
November 12th
December 3rd

Zoning Board Resolutions

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.

All statements are true and of fact, as entered into the record
ROLL CALL VOTE:
1. Ruth Eckstrom- AYE
2. Michaelene Comerford – AYE
3. Matthew Estep – AYE
4. Ray Lewandowski -AYE
5. David Fridmann, Chairman -AYE

March 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.

ROLL CALL VOTE:
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.

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

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.

~Any amendments or changes to the above must be brought before the Zoning Board of Appeals for review.

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: