01/17/07


A Work Session of the Clarence Town Board was held on January 17, 2007 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Director of Administration and Finance Pam Smith, Town Engineer Joseph Latona and Senior Building Inspector David Metzger.

Director of Community Development – James Callahan

Public Hearings:

  • Saturn of Clarence – A Public Hearing is scheduled at 7:45 P.M. to consider the request for a Temporary Conditional Permit for vehicle display at Eastern Hills Mall. The proposed site is located on the east side of Transit Road at the south end of Eastern Hills Mall at existing retail shopping center located in the Major Arterial Zone. Per the Zoning Law, vehicle storage and display for extended periods may be considered with a Special Exception Use Permit or a Temporary Conditional Permit as determined by the Town Board.
  • Greatbatch Inc. – A Public Hearing is scheduled at 7:50 P.M. to consider the request by Greatbatch Inc. for the removal of Restrictive Covenants for future development at 10000 Wehrle Drive. The proposed site is located on the north side of Wehrle Drive, east of Shisler Road in an industrial classification. Existing deed restrictions will require Town Board approval for future uses of the property. Councilman Bylewski stated that there have been some concerns about easier ability of the applicant to develop manufactured housing in that area. Councilman Bylewski suggested that only a portion of the restrictive covenant be lifted namely the part dealing with Building Area/Natural Resources – “The area of any structure shall not exceed 15% of the total land area of the parcel on which said structure is built. In the construction of any building, driveway, parking facility or utility lines, the natural beauty of the landscape is to be maintained insofar as possible". Councilman Bylewski suggested leaving in place Interior Roads and Approval as well as the rest of the terms of the agreement. When representatives from Wilson Greatbatch and representatives from Rock Oak were before the Town Board, the building area was a major stumbling block. If they wanted to do manufactured housing, they would still be required to obtain a Special Exception Use Permit under Industrial or special permission from the Town Board. Councilman Kolber stated that his main concern is to protect the Town's Industrial Zones and that any potential buyers of the property be made aware up front that this land is zoned for industrial use and this is the way it should be developed. We can never replace what is there.

Formal Agenda items:

  • John Burgher 10939 Main Street
    Applicant is proposing to take over the existing repair shop and develop a space to display vehicles for sale. The proposed site is located on the south side of Main Street, west of Davison Road intersection at existing automotive repair facility located on .91+/- acres zoned TND and Residential Single-Family to the rear. The existing vacant structure located along the Main Street frontage was a former diner. Mr. Burgher delivered revised plans after the comments he received from the Board.
  • HD Café 5445 Transit Road
    Applicant is proposing to operate a café with a drive-thru facility. The proposed site is located on the east side of Transit Road in the Dairy Queen Plaza in existing retail plaza located in the Major Arterial Zone. The new construction/addition was previously approved by the Town Board. The proposed site is located in a commercial classification.
  • Frey's Furniture 9992 Main Street
    Applicant is proposing a small addition to the existing retail space to the rear of the main building. The proposed site is located on the north side of Main Street, east of Kraus Road at existing furniture store with storage buildings to the rear consisting of 8.2+/- acres zoned Commercial. Notification was mailed to residents along Kraus Road. All setbacks are met in the Commercial Zone.
  • Benderson Development 5965 Transit Road
    Applicant is proposing to construct a commercial structure to house retail/office and restaurant uses. The proposed site is located on the east side of Transit Road, south of Clarence Center Road on 3.08+/- acres of existing vacant land. The area is located in a commercial classification. Adequate buffering and design and thorough environmental reviews will be required as the project moves forward. Councilman Kolber suggested the possibility of connecting the parking lots of this proposed project with Master Chong or create a service road along the side. There are wet lands to the rear of the proposed site.
  • David DeMarie Dance/Steve Castilone Studio 8965 Sheridan Drive
    Applicant requests a Change in Use from vacant (under construction) to café. Steve Castilone is proposing to develop a small café/restaurant within the space to compliment the dance studio being developed. The proposed site is located on the south side of Sheridan Drive, east of Shimerville Road in front of Dynabrade. The area is located in a commercial classification. Parking on the approved project is sufficient to accommodate the proposed use.
  • Arthur Fuerst 9450 Main Street
    Applicant is proposing to develop a new coffee shop with drive-thru on the property along with the existing dry cleaning facility. The proposed site is located on the northwest corner of Main Street and Goodrich Road. The existing dry cleaning operation and residential use are located on approximately 1 acre in the commercial zone. A Negative Declaration and a Special Exception Use Permit have been issued by the Town Board on the project design. The Planning Board has forwarded a recommendation on the Development Plans as submitted.
  • Don Stiglemeier 10505 Greiner Road
    Applicant requests concept approval of a one-lot Open Development area. The proposed site is located on the south side of Greiner Road, east of Hillcrest Drive on existing vacant lot with 66' of Greiner Road frontage and 1.1+/- acres. The lot as it exists is not an acceptable building lot per the Zoning Law. The applicant was denied a variance to utilize the lot by the ZBA and has been unsuccessful in acquiring additional frontage to bring the lot into compliance. The Zoning Board of Appeals had concerns over creating a substandard lot and placing a new home in the rear yard of existing homes.
  • Mighty Auto 6204 Goodrich Road
    Applicant is proposing an addition to existing warehouse space to the rear of the existing structure. The proposed site is located on the west side of Goodrich Road, south of Pine Breeze Lane. The area is located in a commercial classification. All setbacks are met in the Commercial Zone and rear portion of the lot is maintained in its natural state.
  • Dan Buyers 5445 Salt Road
    Applicant is proposing to demolish the existing structures (farm house and barns) on the property to build a new home. The proposed site is located on the east side of Salt Road, north of Greiner Road intersection. The area is located in an agricultural classification. Per the Demolition Law, the action of demolishing a structure later than 50 years old is considered a Type I Action under SEQRA.
  • Natale Builders 8850 Sheridan Drive
    Applicant is proposing to clear the lot for the purpose of surveying the property in advance of a future project. The proposed site is located on the northwest corner of the intersection of Sheridan Drive and Shimerville Road. Town Engineer Latona met with Mr. Natale and his architect engineer. It appears that there is mainly scrub brush on the lot along with several trees. The applicant is hoping to clear the lot in order to get elevations; there is a portion of the property that drops off significantly. Mr. Latona feels that it would improve the lot if the applicant cleared the brush in compliance with a clearing permit; he would not be clearing any topsoil and would not cut down the trees. Councilman Casilio suggested that a 25' buffer remain around the parameter.

Work Session items for consideration January 31, 2007

  • Nativity of the Blessed Virgin Mary Church 8850 Main Street
    Applicant is proposing to develop an additional parking lot in the front of the existing school. The proposed site is located on the northeast corner of Main Street and Harris Hill Road at existing church/school complex located on 10.0+/- acres in the Traditional Neighborhood District. Areas of concern include loss of green space.
  • Dr. Altlman 8421 Sheridan Drive
    Applicant is proposing to demolish the existing single-family residential structure located in the Restricted Business Zone and construct a 4,728 square foot medical building. The proposed site is located on the south side of Sheridan Drive, west of Harris Hill Road on 1.39+/- acres and 93' of frontage along Sheridan Drive. Areas of concern include setbacks and configuration on the narrow lot. A variance to the side yard setback requirements will be required for the submitted design.
  • Paul McCarthy Jr. 6600 Goodrich Road
    Applicant is proposing to construct an accessory storage building at existing automotive repair shop located on 1.07+/- acres in the Commercial Zone. The proposed site is located on the west side of Goodrich Road, south of County Road. All setbacks are met in the Commercial Zone. The applicant has requested the Town move the ditch that runs along the property however the Town has never done this in the past. Town Engineer Latona stated that he instructed Mr. McCarthy to contact an outside engineer and a contractor. The applicant has indicated that if the Town does not do the engineering, he will block the ditch.
  • Waterford Village Bank 8411 Main Street
    Applicant is proposing to amend the site plan to add parking spaces to the front of the proposed structure and to amend the architectural style to eliminate previously approved pitched roof area as well as brick color. The proposed site is located on the south side of Main Street, west of Harris Hill Road on 1.5 acres in the Traditional Neighborhood District. Parking in the required front yard is not permitted in the TND Zone.
  • Dan Singer 8353 Main Street
    Applicant is requesting a Change in Zone from residential to commercial. The existing vacant land is located on the southeast corner of Main Street and Susan Drive in the residential zone. The proposed site is located within the Harris Hill TND. Specific property was left residential due to outdated deed restrictions on the property. Specific use for the property should be identified.
  • Scott Gajewski 10625 County Road
    Applicant is seeking approval to split the existing residential lot to create a second residential building lot. The proposed site is located on the south side of County Road, west of Salt Road on 7.4+/- acres and 299.5' of road frontage in the Agriculture Rural Residential Zone. The area is identified in an agriculture classification. A variance will be required to split the lot however, there is plenty of acreage.
  • Joseph Piparo 6585 Transit Road
    Applicant is proposing to create an automotive sales operation utilizing the existing space and parking area. The proposed site is located on the east side of Transit Road, north of Miles Road in existing commercial structure (formerly Belknap Heating & Cooling) located on 1.87 acres in the Major Arterial Zone.
  • Tom Dabolt 8745 Tonawanda Creek Road
    Applicant is requesting approval to split the property to create an additional building lot. The proposed site is located on the southwest corner of Tonawanda Creek and Northfield Road on 9.85+/- acres in the Agriculture Flood Zone. (Removed from agenda – applicant did not provide any paperwork).
  • Uncle Bob's Self-Storage 8175 Main Street
    Applicant is requesting approval to demolish existing structure and construct an additional self-storage building per submitted design. The proposed site is located on the south side of Main Street, east of Transit Road. The existing self-storage facility is located on 4.2+/- acres in the Commercial Zone. All setbacks are met in the Commercial Zone.
  • Regent Contracting Corporation 6103 Transit Road
    In conjunction with their previous concept plan approval and the desire to pursue Phase II of their project, the applicant is requesting permission to clear the site of trees and other vegetation prior to adverse winter weather. Some of the trees were damaged during the October storm. This project is scheduled for the Planning Board and has been reviewed by the Engineering Department.
  • Love Your Dog 6989 Transit Road
    The applicant would like to take over the storage buildings in the rear of the barn to offer kennel services/over night boarding along with her grooming business. The proposed site is located in the Spoth Barn on Transit Road in Swormville on the east side of Transit Road, north of Stahley Road.
  • Len-Co Lumber
    Len-Co lumber is seeking permission to operate out of the former furniture store behind the Syms store. There will be no outside storage of building material and/or lumber other than in conjunction with periodic promotional display. There is adequate parking available.

Supervisor Kathleen Hallock

Work Sessions are scheduled for January 31, @ 6:00 PM and February 7 @ 9:00 AM. There will not be a Town Board meeting on January 31st.

Bicentennial Co-Chairperson Linda Nastasi will give a brief demonstration on the Bicentennial banner project at the regular meeting. She will speak under agenda items.

Supervisor Hallock signed the FEMA documents for reimbursements totaling $1,139,886. There is one more request to be submitted, Councilman Casilio is gathering the information.

Supervisor Hallock gave an update on the Capital Improvement Program. There will be another meeting in February. One of the items discussed was the removal of the stairs in the front of the Historical Museum. They have settled and twisted and there are no railings on them. They are not functional and no longer used by patrons. There are two other entrances to the building. There was also discussion about proceeding with sidewalks on the east side of Goodrich Road from High Street north to the property line at the Engineering Building. Pizza Inn and Big Sings will extend it further north to Big Sings. There is enough money to install sidewalks from High Street to Big Sings. There was also discussion about installing sidewalks on the corner of Nottingham and Main Street however the area must be cleared of brush and trees first. The project will be bid out. The Town Board was in agreement with this.

The East Amherst Post Office is looking for a location in the 14051 code for a 2,000 square foot building for a retail facility and parking for approximately 16 cars.

Supervisor Hallock will set Public Hearing dates for the Weber and Janora property.

Supervisor Hallock has a Resolution approving Change Order #2 in the amount of negative $150.00 and final payment of retainage in the amount of $21,000 to RGGT, LLC for the Clubhouse.

Town Engineer Joseph Latona stated that there is still money left in the bond issue for the Clubhouse and he has taken the liberty to obtain cost estimates for the repair of the five chimneys. Mr. Latona received an estimate of $45,000 to repoint the chimneys. The bond issue description includes related work so he will proceed to go out for bids and get the chimneys repaired.

The Bicentennial Committee is going forward with plans for fireworks at the Town Hall location on December 31, 2007 and possibly also for December 31, 2008.

The January 4th edition of the Buffalo News had an article indicating that Latina's would be going out of business on Main Street in Clarence and that Dash's Market would be buying the building. Supervisor Hallock wrote a letter to Joe Dash welcoming him to Clarence.

Sgt. Delgato called Supervisor Hallock to see if the Town still wants to proceed with the Public Safety Committee after Monday's arrest of the alleged bike path rapist. Supervisor Hallock told him that we are absolutely proceeding with previous plans. Mr. Delgato has completed half of his evaluation report that he is doing of the bike path. Mr. Delgato suggested that the Town may want to consider utilizing trustee prisoner's short term. There is a horticultural program in the penitentiary and labor could be provided free of charge to assist the Town in clearing out the brush along the bike path. These prisoners are minimal risk and were used for cleanup in the Town of Amherst during the October storm. Given the sensitive nature of the bike path, the Town Board did not feel this would be a wise decision at this point.

Supervisor Hallock spoke with under Sheriff Donovan this afternoon about the Public Safety Committee, he will most likely send Chief Scott Petronik to the meetings.

The IDA incentivized two projects at our last meeting. One was North Forest Properties at 8207 Main Street and the other was Sheridan Real Estate Associates at 8755 Sheridan Drive.

Councilman Scott Bylewski

Councilman Bylewski will be meeting with Service Organizations on March 26th. A presentation will be given by Town Attorney Bengart relative to non-profit liability. There will also be a presentation by Buffalo.com.

Councilman Bylewski has received the December 2006 Central Fire Alarm Operational Report.

Councilman Bylewski sent out an e-mail regarding performance measurements. He received one reply indicating that it should be sent out to all departments to develop performance measurements. It was suggested that it would include all full time employees.

The disbanding of the Traffic Committee has been discussed. The Planning Board discussed the possibility of having one or more members sitting on some version of a Traffic Safety Board to provide input to the Planning Board. The Planning Board and Town Attorney's office will work on the language as to what that body or entity could be. Further discussion on this matter will take place at the January 31st Work Session.

Councilman Bylewski has a Resolution authorizing members of the Planning Board and the Zoning Board of Appeals to attend the presentation given by the NY Planning Federation in association with Wendell Duchscherer to be held at Clarence High School on February 6, 2007. This presentation will qualify Board members towards their NYS training requirements.

Councilman Bylewski will comment on the Building Permit Report and the Zoning Violation Report.

Digest of 2006 Laws and the NYMIR Brochure just came out. The NYMIR Brochure talks about work place violence assessment. There are laws in the Digest of 2006 that Councilman Bylewski has an interest in regarding tax exemptions dealing with senior citizens and extending by five business days payment of real property taxes without interest by senior citizens. Councilman Bylewski will discuss this further with Town Attorney Bengart.

Councilman Joseph Weiss

Councilman Weiss has obtained approval from the DEC to host a fishing derby in the Main Street Park. Trout season begins April 1st however; the DEC will issue a license to the Town to conduct the derby on March 31st. Youth volunteers will help out. Any not-for-profit organizations wanting to participate by selling beverages etc. can contact John Burns.

Councilman Weiss stated that there has been much discussion at the Conservation Advisory Council meetings regarding compost and its various uses. Town of Amherst Supervisor Mohan has indicated that their composting facility is loosing $500,000 per year. Conservation Advisory Council member Al Festaiuti has done research regarding organic composting. Al Festaiuti along with Jim Burkard will experiment with this at Memorial Park by using organic compost on some fields and chemical fertilizer on others. There may be some limitations because of some of the equipment that the Parks Department has. We may have to use some product from the Town of Amherst because their material is finely shredded.

IDA member Mary Powell contacted Councilman Weiss relative to setting up a meeting to discuss the position of Economic Development Officer.

Councilman Weiss and Supervisor Hallock walked the football field at Sunset Park. The football league will forward their parking requirements at their existing site to Councilman Weiss.

Councilman Weiss commented that the Youth Advisory Council Needs Assessment Survey was very well done however in reviewing the survey, he noticed that kids are demanding more quality time with their parents and parents are demanding more recreation activities for their children.

Councilman Weiss has a Resolution setting the bid dates for the Ransom Road sanitary sewer project, the Academy Street/Bodine Road sanitary sewer project, the Sawmill Road/South Park Avenue and East and West Avenue sanitary sewer projects.

Parks Crew Chief John Burns is requesting a transfer of funds from Rental Account to Gasoline Account in the 2006 Budget.

Councilman Bernard Kolber

Councilman Kolber received a letter of resignation from ZBA member Ron Newton. Councilman Kolber will announce the opening to fill the balance of his term to expire 12/31/2010.

Councilman Kolber received an e-mail from Clarence Girls Softball League president Rick DiVita relative to the Akron Girls Softball League utilizing Town of Clarence softball fields for one season. The Town Board was in agreement with this for one year.

Councilman Kolber spoke with UB Professor Samina Raja; she is interested in doing the project with the Town and has e-mailed a contract to Town Attorney Bengart.

Councilman Kolber will make a motion authorizing the expenditure of up to $500. to have the Rohlf's clock appraised.

Several loads of fill have become available for Memorial Park however before it can be brought in the topsoil has to stripped back and the site was to be cleared. Councilman Kolber asked whether Highway Superintendent Ted Donner could obtain use of a bull dozer to clear the land. Town Engineer Latona stated that there is a significant amount of preparation work, monitoring and administering of the situation so the road is not damaged. Town Engineer Latona will discuss this further with Ted Donner they will have to talk to the people that are bringing in the fill.

Councilman Patrick Casilio

Councilman Casilio is talking with four vendors regarding video cameras. There will be a presentation February 7th.

All the street lights on the new section of Main Street were relamped.

Councilman Casilio is pricing new poles for the Harris Hill area. Several poles were damaged during the October storm.

A new banner agreement is being e-mailed to Councilman Casilio from Rochester; it will replace the original agreement. There is no charge for pole rental, the fee has been waived.

Councilman Casilio is working with a consultant relative to Recycling Licenses that are required every year by the disposal companies.

Councilman Casilio has received several e-mails stating that paper boxes have been showing up in the Harris Hill area. The mail boxes are on the houses in the Harris Hill area not at the street.

Councilman Casilio will announce that we are receiving applications for several openings in our Security Department, interviews will begin next week.

The Senior Center has picked a liaison that will work with Director of Civil Defense Dave Bissonette regarding use of the building for a storm shelter.

There are three openings on the Senior Center Board.

Councilman Casilio has a Resolution authorizing the Supervisor to sign the Erie County Department of Senior Services Van Contract between the County of Erie and Town of Clarence.

Councilman Casilio has several items to discuss in Executive Session.

Town Attorney Steven Bengart

Town Attorney Bengart thanked those that took the time to review the video of Marie Petrulla drainage issues at 5063 Eastbrook Place. Town Engineer Joseph Latona and Highway Superintendent Ted Donner have discussed the situation and will install a receiver on the Ledge Lane property and pipe it into the Eastgate drainage system.

There being no further business, the Work Session adjourned at 7:30 P.M.

Darcy A. Snyder
Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, January 17, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Building Inspector David Metzger, Youth Director Dawn Kinney and Planning Board Chairperson Patricia Powers.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the minutes of the previous meeting held December 7, 2006 as received. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of the previous meeting held December 27, 2006 as received. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held January 3, 2007 as received. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve Change Order No. 2 in the amount of minus $150 and final payment of retainage in the amount of $21,000 to RGGT, LLC for work done at the Town Park Clubhouse. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for Wednesday, February 28, 2007 at 7:50 p.m. to consider the purchase of approximately 20+/- acres of vacant land located at 5430 Old Goodrich Road, Erie County, New York, at a purchase price not to exceed $475,000 plus any closing costs and disbursements subject to the terms and conditions of the conditional contract. The Clarence Town Board hereby issues its statement of intent to issue bonds or notes to finance the acquisition of said property. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for Wednesday, February 28, 2007 at 7:55 p.m. to discuss the Clarence Town Board issuing its statement of intent to issue bonds or notes to finance the acquisition of said property at a purchase price not to exceed $768,000 plus any closing costs and disbursements. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock reminded everyone that the next Town Board meeting will take place in four weeks on Wednesday, February 14, 2007. The January meetings are changed to the first and third Wednesdays because of the Organizational meeting. This year there are five Wednesdays in January giving us four weeks between meetings.

Supervisor Hallock said the Clubhouse Renovation Committee has been working for the last few years to enhance and improve the interior of the Town Park Clubhouse. The most significant project is the Adopt-A-Light project where original 1911 lights were replicated. They were designed, built and installed by David and Greg Brace for the Committee.
          The Committee is sponsoring a fundraiser on June 16th and will be asking for no longer wanted treasures to be donated for a classy trash sale and event. More information will be coming, but in the meantime, save any items that may be appropriate.

Supervisor Hallock said she has signed FEMA documents for reimbursements totaling $1,139,886. We should receive the money in about 8 weeks. We have one more application to submit.
          FEMA and SEMO representatives were very cooperative and helpful to work with. Town departments did a thorough job in preparing the documents for submittal. Supervisor Hallock thanked the Highway, Parks, Accounting, Disaster Coordinator and her secretary Karen Jurek for that.
          Supervisor Hallock said the Bicentennial Committee is selling banners that will be placed on utility poles. Co-Chair Linda Nastasi is here this evening with information about the banners and will speak about them during Public Participation.

Councilman Bylewski announced that there will be a meeting of service organizations on Monday, March 26, 2007 at 7:00 P.M. in the Town Hall auditorium. Two presentations will be given, one on liability and not-for-profits. The other will be presented by Buffalo.com, "Your Hub", which is another way for not-for-profit organizations to get their information out to the public.

Councilman Bylewski said we received the Central Fire Alarm Operations Report for December 2006. Town of Clarence fire companies responded to the following: 7 - Structure Fires; 8 - Miscellaneous Fires; 1 - False Alarm; 129 - EMS Calls; 21 - Motor Vehicle Accidents; and 50 - Miscellaneous Calls for a total of 216 alarms.

Councilman Bylewski announced that Wendel Duchscherer and the New York Planning Federation are putting on a seminar to be held Tuesday, February 6, 2007 at 7:00 P.M. at the Clarence High School Auditorium with a video presentation to commence at 7:30 P.M. The topic is "Is your Town Anywhere, USA?" They will describe characteristics that set towns apart from each other.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved, that the Clarence Town Board authorizes the members of the Planning Board and the Zoning Board of Appeals to attend the presentation given by the New York Planning Federation, in association with Wendel Duchscherer, to be held at the Clarence High School on Tuesday, February 6, 2007 and acknowledges and accepts same as qualifying towards their New York State training requirement.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Building Department Single Family Dwelling Statistics. During December 2006, 3 building permits were issued in subdivisions and 6 were issued outside of subdivisions. Year-to-date for 2006 was 67 in subdivisions and 56 issued outside of subdivisions for a total of 123 permits issued. There were 124 permits issued in 2005.

Councilman Bylewski received a report prepared by James Hartz on the 2006 Local Land Use Law Violations as follows: 44 - Abandoned Vehicle Law Violations; 79 - Sign Law Violations; 36 - Zoning Law Illegal Use Violations; 35 - Solid Waste Ordinance Violations; 10 - Clearing, Filling and Grading Law Violations and 38 - Others (including property maintenance, fences, noise, lighting, etc.) for a total of 242 closed cases. 25 cases involved local court action.
          There are currently 46 open cases in some stage of investigation or enforcement with the majority being Abandoned Vehicle Law Violations.
          Since 2005, the largest increases in violations have been Sign Violations and Solid Waste Law Violations.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the transfer of $400 from account A 7110.433 Rentals to A 7110.416 Gasoline. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set the following Bid Dates with bids to be opened in the Town Clerk's office:
          February 16, 2007 at 10:00 A.M. - Ransom Road Sanitary Sewer Project;
          February 22, 2007 at 10:00 A.M. - Academy Street/Bodine Sanitary Sewer Project;
          February 28, 2007 at 10:00 A.M. - Sawmill Road/South Park Avenue/East and West Avenues Sanitary Sewer Project
          On the question, Councilman Weiss said this is continuance of sewers in the Clarence Hollow. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that the Dept. of Conservation has granted us a special license to hold a fishing contest the day before trout season opens. The contest will be held from 9:00 A.M. to Noon for children 12 years and under. It will be a catch and release program with trophies for the biggest fish, the most fish caught and the first fish caught. They are also open to a not-for-profit service organization selling hot dogs or drinks. If anyone is interested, they should contact John Burns at the Parks Department. Youth Director Dawn Kinney will have several student volunteers on hand to help.

Councilman Weiss said there has been discussion about adding mulch to our athletic fields. We will begin a pilot project at Memorial Park to compare with other fields being fertilized the standard way. We will then be able to determine the cost, uses and results of doing it in this manner.

Councilman Weiss said they will begin interviewing people for the new position of Development Officer. Anyone interested should contact Mary Powell at Casilio Companies.

Councilman Weiss said there will be a meeting on Tuesday, January 23rd at 7:00 p.m. at the Harlem Road School regarding sprawl. Kevin Gaughn will be the speaker.

Councilman Weiss said he read the report on the youth and family needs surveys and he noticed that youth in Clarence are looking for more time to be spent with their parents, and the parents are looking for more sports activities for youth.

Councilman Weiss thanked the Erie County Sheriff's Department, New York State Police, the FBI and all townships that worked on the Diver situation.

Motion by Councilman Kolber, seconded by Councilman Casilio to accept, with regret, the resignation of Ron Newton as Chairman and member of the Zoning Board of Appeals effective January 1, 2007. Mr. Newton served on this board for a number of years with the last three as chairman. However, he has moved out of town and is no longer able to serve. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to authorize the expenditure, not to exceed $500, for the appraisal of the Town-owned Rohlf's Clock located at the Clarence Historical Society. On the question, Councilman Kolber said the Town inherited a noteworthy clock and we need to have it appraised for insurance purposes. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Kolber said the Town employees will participate in the Leukemia & Lymphoma Society's "Dress Down for Leukemia Day" on February 5th. Stickers are available for a $5 donation.

Councilman Kolber said the Town Board attended the Harris Hill Fire Company Installation Banquet this past Saturday. He believes the firefighters in this Town do an outstanding service for us all. They had over 700 calls this past year, with some members responding to 400 or more themselves. Walter Schott was honored with 50 years of active service, which is quite an accomplishment.
          Councilman Casilio added that Walter Schott is still qualified as an interior firefighter, which is a remarkable feat.

Motion by Councilman Casilio, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board authorizes the Supervisor to sign the yearly Intermunicipal Agreement between the Town of Clarence and the Town of Newstead for 2007 relative to the shared use of the Erie County Van.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said he would also like to thank the New York State Police and the Erie County Sheriff's Department for the fine effort in arresting the bike path rapist. The Town had a lot of anxieties and he hopes some of that is relieved.
          We are still looking at video cameras for the bike paths. He has been meeting with various vendors and one of them will give the Town Board a presentation on February 7th.

Councilman Casilio said the Town Board is accepting applications for our Security Department through next week.
          NYSEG has put new lamps on Main Street from Thompson to the Main Street Park.
          Councilman Casilio said SEMA gave us permission to remove the poles that fell in the Harris Hill area. The Parks Department did the work last week.
          Councilman Casilio said there are three seats available on the Senior Center Board for anyone interested.

Councilman Casilio said the Chamber of Commerce Citizen of the Year Banquet is going to be held on January 25th. Our Supervisor Kathy Hallock, Highway Supt. Ted Donner and Disaster Coordinator David Bissonette will also be honored for their outstanding service during the October storm. They went beyond the call of duty trying to get this Town back in shape. We will also be receiving over a million dollars from SEMA. We are in much better shape than some other towns.

Motion by Councilman Bylewski, seconded by Councilman Weiss to reconsider the previous motion authorizing the members of the Planning Board and the Zoning Board of Appeals to attend the presentation given by the New York Planning Federation, in association with Wendel Duchscherer qualifying towards their New York State training requirement to be amended to include the TEQR Committee. Upon roll call - Ayes: All; Noes: None. Motion carried.

Department Reports

Dawn Kinney, Youth Director said the full 63-page report on the family needs assessment is available on our website under Youth Department. She will do a presentation at the February 14th meeting regarding the report.
          Winterfest will be held on February 11th from Noon to 6:00 P.M. Activities will take place with or without snow. The Parks Department is going to attempt to start an ice rink depending on the weather. There will be fun activities indoors and out.

Public Participation

Linda Nastasi, Co-Chairman of the Bicentennial Committee said the committee is in full gear. This is the year to involve the businesses, organizations and the residents of Clarence. As part of that, they are offering sponsorships of street banners throughout the Town. They are 30" x 60". The first 100 will go up before the 199th Birthday Party to be held Sunday, March 11, 2007 at the Town Park Clubhouse. They encourage everyone to participate. Brochures are available with information in the Town Hall foyer and the Town Clerk's office.

Motion by Supervisor Hallock, seconded by Councilman Weiss to table the request by Saturn of Clarence until the end of the meeting in case the applicant appears. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Town Attorney Steven Bengart said the scheduled public hearing should take place to allow anyone to speak. It could then be left open to see if the applicant appears.
          A Public Hearing was held to consider the request by Saturn of Clarence for a Temporary Conditional Permit for vehicle display at Eastern Hills Mall. James Callahan said a public hearing is required for a Temporary Conditional Permit. The space they would be occupying is where Colton RV was.
          Town Attorney Bengart said for the record, the public hearing was opened at 8:08 P.M.

A Public Hearing was held to consider the request by Greatbatch Inc. for the removal of Restrictive Covenants for future development at 10000 Wehrle Drive. James Callahan said the location is the north side of Wehrle Drive, west of Shisler Road consisting of approximately 320+ acres zoned Industrial Business Park. There is an existing deed restriction on the property which will require Town Board approval to remove to allow for future development.
          Speaking to the subject:
          Curt Cashmore, Director of Facilities said they are in a position to sell a portion of the property a distance back from their current facility. The restrictive covenant was put on the entire property by Wilson Greatbatch himself, back in 1973. Since then, the property was rezoned to Industrial. In order to consummate the sale, both parties would like to see the restricted covenants removed.
          Town Attorney Steven Bengart read into the record a synopsis of the land use restrictions as stated in the restrictive covenants as follows: All lots in the Industrial Park shall be known as industrial lots. All buildings to be erected shall be used for industrial purposes only. No noxious or offensive activities. No structures of a temporary character. Building area shall not exceed 15% of the total land area.
          Councilman Bylewski asked if the sale is being held up because of specific covenants or in its entirety. Mr. Cashmore said he believes in its entirety.
          Councilman Bylewski asked if anyone with authority can state whether or not the potential buyer intends to use the property for industrial purposes. Paul Steven said he has no plan, but that is possible.
          Councilman Bylewski said it is zoned Industrial and it would be appropriate for that use as stated in the Zoning Law and the Master Plan. He asked if there was any intent to build residentially on the property. Mr. Steven said it is premature to say that. It is adjacent to the property they already own and it makes sense to protect it.
          Councilman Bylewski said one of his concerns in lifting the covenants in entirety is the future use down the road. Residential use in an Industrial Zone is prohibited. If they kept all of the covenants in place except for the 15% building area, would they be able to accept that. Curt Cashmore said it would not make a difference from Greatbatch's standpoint.
          Councilman Kolber said he has a problem removing this with a blanket aspect. We have the Zoning Law in place along with the covenants, which further reinforces the zoning. In most instances, we have avoided making a change without a specific project being presented. There already is a shortage of industrial area in the Town. If they came forward in the future with a project and they wanted to remove a specific covenant to be able to proceed, there would be something to look at.
          Councilman Weiss said he does not want to negatively impact a sale between two good commercial citizens. He would like to see us come to an agreement that would give the Town positive reinforcement about future development, and meet the needs of the two parties involved. Maybe it is something that can be worked out by both attorneys.
          Town Attorney Bengart said it is whether or not the purchaser can live with removing the one restriction. Apparently, the seller can. If that would satisfy the Town Board, we could move this along.
          Noel Dill said he believes that the Zoning Law and the Master Plan have done what that document attempted to do back in 1973. They are not asking for rezoning. Any future changes in zoning or the restrictive covenants would require a supermajority vote of the Town Board.
          Mr. Dill said the covenant calls for administration by an entity that no longer exists. They understand that there are not many areas to be used for industrial uses.
          Councilman Kolber said no one has said why this needs to be lifted now.
          Town Attorney Steven Bengart asked if this is an all or nothing for the purchaser. Noel Dill said it is problematic to have the administering entity that no longer exists. He feels the Town has enough protection with the Industrial Zone.
          Councilman Bylewski asked if Wilson Greatbatch transferred his authority. The authority has transferred over the years.
          Paul Steven said he does not know what he will do with the property, but feels it is a good investment. Their attorney suggested that it is removed.
          Councilman Bylewski said the Board is trying to do what is good for the Town and for them. We could wait to act on this until they meet with their attorney.
          Town Attorney Bengart said they have to decide what they want to do.
          Mr. Cashmore said they have already put in almost a year into making this happen.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Weiss to close the Public Hearing. On the question, Councilman Casilio said he is recusing himself as he has a business relationship with Greatbatch Inc. Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

John Burgher requests a Public Hearing to consider a Temporary Conditional Permit for automotive service and sales operation at 10939 Main Street. James Callahan said the location is the south side of Main Street, west of Davison Road consisting of an existing automotive repair facility on approximately .91 acres zoned Traditional Neighborhood District. The vacant structure on the site is proposed for rehabilitation to facilitate the automotive sales operation.
          John Burgher said he has submitted his proposal along with copies of letters from neighbors in the area in favor of the project.
          Councilman Bylewski said this is one of the best proposals submitted. The only thing he could suggest is having the rock wall at the same height as the property to the east. Mr. Burgher said he has it at approximately 12 to 14 inches. He would prefer not to make it 4 ft. high.
          Councilman Kolber said this is one of the nicest presentation manuals we have received. He likes the idea of taking an existing building and fixing it up. However, his concern is that this would open the gate to used car lots.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to set a Public Hearing for Wednesday, February 14, 2007 at 7:55 P.M. to consider the request for a Temporary Conditional Permit for automotive service and sales operation at 10939 Main Street. On the question, Councilman Casilio said he will recuse as he owns property next door. Upon roll call - Ayes: All; Noes: None. Motion carried.

HD Café requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility at 5445 Transit Road. James Callahan said the location is the east side of Transit Road in the Dairy Queen Plaza. The addition at the south end of the plaza was previously approved by the Town Board.
          Councilman Weiss said he will recuse himself as he has a business relationship with the owner of the property.
          Phil Silvestri, Silvestri Architects said the project is under construction and they would like to add a drive-thru window. The facility will have three viewing rooms for high definition video presentations along with a café serving sandwiches.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for February 14, 2007 at 8:00 P.M. to consider the request for a Special Exception Use Permit for a drive-thru facility at 5445 Transit Road. On the question, Councilman Bylewski asked if this would affect any potential access to the property to the south. James Callahan said he does not think so. There is plenty of available parking area. Upon roll call - Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Frey's Furniture requests a Building Permit and Architectural Approval for a retail addition to the existing space at 9992 Main Street. James Callahan said the property consists of an existing furniture store with storage buildings to the rear. It is zoned Commercial along the frontage.
          Douglas Klotzbach, Architect said they would like to connect two separate areas with a new building matching the existing facility. It does not affect the parking area. It is a small addition.
          Councilman Bylewski said he understands that notices have gone out to adjacent residents and we have not received any objections.
          Motion by Councilman Kolber, seconded by Supervisor Hallock to grant a Building Permit and Architectural Approval for a retail addition to the existing space at 9992 Main Street. Upon roll call - Ayes: All; Noes: None. Motion carried.

Benderson Development requests Preliminary Concept Review for a proposed office, commercial and retail structure at 5965 Transit Road. James Callahan said the location is on the east side of Transit Road, south of Clarence Center Road consisting of approximately 3.08 acres zoned Major Arterial.
          Brad Davidzik of Renaldo and Palumbo was present representing Benderson. They are proposing a 15,254 sq. ft. combination office, retail and restaurant space. They feel it is a good overall project for the neighborhood. Many of the trees on the site are being preserved.
          Councilman Bylewski said items brought up that should be explored include land use access to the south and architectural improvements to the north facing wall. Mr. Davidzik said the only problem with access is a wetland. Councilman Bylewski added that buffering should also be addressed.
          Councilman Kolber said we are trying to keep some traffic off of Transit Road by allowing access between properties, and in this case possibly to Clarence Center Road.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the Preliminary Concept Review for a proposed office, commercial and retail structure at 5965 Transit Road to the Planning Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

David DeMarie Dance Studio requests a Change-In-Use from vacant (under construction) to café at 8965 Sheridan Drive. James Callahan said the location is the south side of Sheridan Drive, east of Shimerville Road in the Commercial Zone and previously approved. They would like to include the café along with the dance studio.
          Councilman Casilio said he will be recusing himself from this project as he has a business relationship with the applicant.
          Steve Castilone said they are proposing a 1,000 sq. ft. café on the left side of the facility within the current footprint. It will be open to the public and probably close around 9:00 P.M.
          Motion by Councilman Kolber, seconded by Councilman Weiss to grant a Change-In-Use from vacant (under construction) to café at 8965 Sheridan Drive. On the question, Councilman Bylewski asked if there is going to be any source of music planned. Mr. Castilone said they would have background type music inside and nothing planned for outside. Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.
          Arthur Fuerst requests Development Plan Approval for a coffee shop drive thru at 9450 Main Street. James Callahan said the location is at the corner of Main and Goodrich consisting of approximately one acre in the Commercial Zone. A Negative Declaration and a Special Exception Use were previously approved by the Town Board. The Planning Board forwarded a recommendation with conditions.
          Phil Silvestri, Peter Casilio and Arthur Fuerst were present. Mr. Silvestri said they have been working on this for a long time and showed the Board a rendering.
          Supervisor Hallock asked if they were familiar with the conditions and Mr. Silvestri said they are.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request for Development Plan approval by the applicant, Arthur Fuerst, for a coffee shop with drive thru located at 9450 Main Street along with the existing dry cleaning facility, subject to the following conditions: 1. Conditions of the Town Engineer; 2. Matching Architectural styles between the existing Cleaners structure and the new Coffee Shop; 3. Sidewalk access from the Coffee Shop to the existing sidewalks on Main Street; 4. Dumpster screened from public view; 5. All roof top mechanicals to be screened with matching architectural materials; 6. Commercial Open Space Fees; 7. All previously issued Special Exception Use Permit requirements; and 8. Shared access with Wilson Farms.
          On the question, Councilman Kolber said this will be a nice attribute to the corner.
          Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Don Stiglmeier requests Concept Approval for a one-lot Open development Area at 10505 Greiner Road. James Callahan said the location is the south side of Greiner Road, east of Hillcrest Drive consisting of approximately 1.1 acres with 66 ft. of frontage in the Residential Zone.
          Michael Metzger said the parcel is 66 ft. at the right-of-way and opens up to 216 ft. in the back. Mr. and Mrs. Stiglmeier purchased the lot to help their daughter and son-in-law during hard times. They attempted to purchase more property to make the lot compliant. The minimum lot width is now 125 ft. They propose one single family home lot.
          Don Stiglmeier said he intends to sell the property. Councilman Kolber asked if he has tried to sell the property to the neighbors. Mr. Stiglmeier said he did ask the neighbors on Greiner Road and they were not interested.
          Councilman Bylewski said this is just under the minimum requirement of 2 acres. Councilman Weiss asked if he contacted the neighbors behind on Elmcroft and he did not.
          Councilman Bylewski said he has a concern about literally building in someone's backyard. He wonders if there would be a way to angle the house. It would require a supermajority vote of the Town Board to be approved. This is the first time it has appeared on the agenda, so we have not heard from any of the neighbors.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request for a one-lot Open Development Area at 10505 Greiner Road to the Planning Board. On the question, Councilman Weiss said he would like to see him talk to the neighbors. Since it is a treed lot, maybe a few of the neighbors would be interested to protect their backyards. Councilman Casilio said he is not in favor of houses in backyards either, but he is willing to move it to the Planning Board to see what can be worked out. Upon roll call - Ayes: All; Noes: None. Motion carried.

Mighty Auto requests a Building Permit and Architectural Approval for an addition to existing warehouse space at 6204 Goodrich Road. James Callahan said the location is the west side of Goodrich Road, south of Pine Breeze Lane consisting of approximately 2.26 acres zoned Commercial.
          Mike Attea is the owner of the business located at this location. He is at capacity and would like some additional space. He is proposing approximately 3,000 sq. ft. addition. They will not be touching any of the trees. Parking is sufficient and in compliance.
          Councilman Kolber said the neighbors asked if there could be additional trees added for buffering at the back of the lot. Mr. Attea said he would mention it to the property owner.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant approval for a Building Permit and Architectural Approval for an addition to existing warehouse space at 6204 Goodrich Road. On the question, Councilman Bylewski said when he worked for a previous firm, they represented Mighty Auto, but he is no longer there so he will be voting. Upon roll call - Ayes: All; Noes: None. Motion carried.

Dan D'Andrea requests a Demolition Permit for a structure greater than 50 years old at 5445 Salt Road. James Callahan said the location is the east side of Salt Road, north of Greiner consisting of existing farmhouse and barns in the Agricultural Rural Residential Zone. This is considered a Type I Action under SEQR.
          Dan D'Andrea said he would like to demolish all the structures on this property.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for a Demolition Permit for a structure greater than 50 years old at 5445 Salt Road to the TEQR Committee. On the question, Dan D'Andrea said there is an archeological review being conducted on the property now. If he cannot knock down the buildings or if there are any issues, he will not buy the property. Upon roll call - Ayes: All; Noes: None. Motion carried.

With no one else wishing to speak to the subject, or a representative for Saturn being present, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing previously opened at 8:08 P.M. to consider the request by Saturn of Clarence for a Temporary Conditional Permit for vehicle display at Eastern Hills Mall. Upon roll call - Ayes: All; Noes: None. Motion carried.

Town Attorney Bengart said that in regard to the Greatbatch issue previously discussed, the potential buyers would like to speak with their counsel and they will get back to us.

Motion by Councilman Weiss, seconded by Councilman Kolber to grant approval for the following: Clubhouse Applications - A. Clarence Girls Softball - Feb. 3; March 3; & April 28, 2007; B. Clarence Girls Softball - March 28, 29 & 30, 2007; C. Cub Scout Pack 27 - Feb. 17, 2007; D. Clarence Soccer Club - Feb. 24, 25 & March 4 & 31, 2007; E. Clarence Kiwanis Club - April 7, 2007; and Legion Hall Applications - A. Sue Payne - Feb. 4 & March 24, 2007; B. Anwara Hossain - Feb. 10, 2007; C. Joann Loewer - April 6, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of January 11, 2007 are approved for payment: General Fund - $145,982.85; Highway Fund - $53,384.29; Water District - $35,384.96; Sewer District - $213.85; Capital Fund - $1,200.00; Special Revenue - $1,900.00; and Trust and Agency 203 - $118.79 for a total amount of $238,184.74. Upon roll call - Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Clarence Daigler spoke in regard to the Burgher project. The neighbors behind this location do not want to see the back fill up with old cars and old car parts. He would like that to be addressed as the Town Board reviews the project.
          Councilman Bylewski said it looks like approximately 150 ft. at the rear of the property is to remain green. It does not hurt to have this reiterated at the Public Hearing.
          Mr. Daigler said they do not have a problem with the cars on the lot for sale. They just do not want to see junk accumulate in the back.

There being no further business, Supervisor Hallock adjourned the regular meeting at 9:25 P.M.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to the Open Meetings Law Section 105 (1)(f) to discuss discipline of two or three employees; and Section 105 (1)(h) to discuss three items under the proposed acquisition of real property. Upon roll call - Ayes: All; Noes: None. Motion carried.

Nancy C. Metzger
Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 9:55 P.M. No action was taken. Upon roll call - Ayes: All; Noes: None. Motion carried.