01/18/06


A Work Session of the Clarence Town Board was held on January 18, 2006 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 member’s Scott Bylewski, Bernie Kolber and Pat Casilio. Councilman Weiss was absent. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Director of Administration and Finance Pam Smith and Town Engineer Joseph Latona.

Director of Community Development James Callahan

Formal Agenda items:

Public Hearing at 7:45 P.M. to consider the request for a Special Exception Use Permit for an in-law apartment in the Residential Single-Family Zone at 8675 Stahley Road. The applicant has identified that the apartment will be rented until in-laws are ready for occupancy. Occupancy is limited to family members, paid employees or a temporary guest of the principal homeowner.

Roger Czarnecki – Willow Lake Drive
Applicant requests preliminary concept review for a proposed ten lot subdivision. The proposed site is located on the east side of Thompson Road, west side of Old Goodrich Road at the termination of Willow Lake Drive on approximately 12 acres of vacant land zoned Single-Family Residential. The lots on Old Goodrich Road do not meet minimum requirements. There is no public sewers available requiring that on-site sanitary treatment be developed. Per NYS Realty Subdivision Law, the owner may develop four lots in a three year period.

Don Marfurt 8230 County Road
Applicant requests preliminary concept review for a proposed 45 lot Patio Home Subdivision. The proposed site is located on the north side of County Road, east of Stahley Road intersection on existing vacant land consisting of approximately 20 acres zoned Traditional Neighborhood District. Areas of concern are sewer extensions and capacity, the proposed site is located within Erie County Sewer District #5. Adequacy of infrastructure capacities will need to be determined.

Mark Ziemba 8290 Stahley Road
Applicant requests a Public Hearing to consider a Temporary Conditional Permit to operate a landscape business as an expanded home occupation in the Residential Single-Family Zone. The proposed site is located on the north side of Stahley Road, east of Miles Road. Several neighbors have forwarded concerns regarding outdoor storage of small dump trucks and the incomplete nature of the site. To date, new (or relocated) home has not been placed on the property as had been promised by the applicant. Director of Community Development James Callahan suggested that until the applicant places a home on the site all other uses are to be eliminated and the site must be cleaned up and until that happens, he can not have an accessory business.

Joe Nemmer 9330 Lapp Road
Applicant requests a 2-lot minor subdivision in conformance with Local Land Use Regulations. The proposed site is located on the north side of Lapp Road, west of Goodrich Road. There is an existing residential home with barn located on 26.7+/- acres zoned Agriculture Rural Residential. The proposed split is in conformance with existing land use regulations. Future home development on the newly created lot may require a setback variance.

Rock Garden Properties 8880 Main Street
Applicant requests preliminary concept review for a 16 unit residential development in the Traditional Neighborhood District and Single Family Residential Zone. The proposed site is located on the north side of Main Street, west of Shimerville Road on 1.4+/- acres zoned Traditional Neighborhood District. Applicant is proposing to demolish the existing units and construct 16 new units in 8 structures. On-site sanitary sewer development/expansion raises concerns. Town Engineer Latona suggested that when an applicant submits a project, they should be given a check list of items that must be addressed before their project is give consideration. The check list of items should include how sewage and water will be handled, does the project comply with zoning etc.

Gene Jason/Alan Nigro 9081 Greiner Road
Applicants request a minor subdivision approval to create a single-family residential building lot. The proposed site is located on the south side of Greiner Road, east of Willowbrook Drive on existing vacant parcel consisting of approximately 41.1 acres, zoned Residential Single Family. Several lots (approximately 18) have been split from this parent parcel over the past 20 years including lots along Greiner Road and Thompson Road. This particular area has a history of drainage problems that the neighbors have previously identified. Town Engineer Latona stated that the drainage issues have been identified and rectified.

Doug Cipollone/Aldine Tarbell 5565 Strickler Road
Applicant requests a Minor Subdivision approval to create a single-family residential building lot. The proposed site is located on the east side of Strickler Road, north of Greiner Road on existing vacant land consisting of 94+/- acres, zoned Agriculture Rural Residential. Several lots have been split from the parent parcel including lots along Strickler and Greiner Road. The proposed lot meets all zoning requirements as to lot size.

Casilio Companies 8755 Sheridan Drive
Applicants request a Public Hearing to consider a Special Exception Use Permit for development of a 38,342 square foot professional office building. The proposed site is located on the south side of Sheridan Drive, east of Boncrest Drive on existing vacant land consisting of approximately 4.9 acres zoned Restricted Business. A Negative Declaration under SEQRA was issued on December 7, 2005. The Planning Board has forwarded a recommendation for an office building not to exceed 10,000 square feet. As identified by the MRC and Planning Board reviews, size and scale of the building is out of character to the surrounding uses. Councilman Casilio commented that he filed a Disclosure Form with the Town Clerk relative to this project and he will recuse himself from voting on this project.

Frank Nicotra 10310 County Road
Applicant requests a Public Hearing to consider a Special Exception Use Permit to construct an in-law apartment in an accessory structure on the residential property. The proposed site is located on the north side of County Road, east of Strickler Road. The existing single-family residential property is located on approximately 1.98 acres with 150’ of frontage in the Agriculture Rural Residential Zone. A public hearing will need to be scheduled to consider the Special Exception Use Permit for a secondary living unit. Occupancy is limited to family members, paid employees or temporary guests.

Italian Marble and Granite - 8540 Roll Road Industrial Business Park
Applicant requests Development Plan approval for construction of a 20,000+/- square foot facility in the Industrial Business Park Zone. The proposed site is located on the north side of Roll Road, east of Harris Hill Road on existing vacant land along the Roll Road frontage of the proposed Roll Road Industrial Business Park. The lot split was approved by the Town on 12/7/05. A Negative Declaration under SEQRA was issued on 12/21/05. All regulatory agency and department approvals are in order. The Town Engineer has forwarded a recommendation with conditions. This project is subject to Open Space Fees.

Walgreens – 9200 Sheridan Drive
Applicants request preliminary concept review for a proposed 14,700 +/- square foot drug store at 9200 Sheridan Drive. Applicants submitted a site plan showing the proposed store, the existing manufactured housing park and how the proposed site plan will impact the existing manufactured housing park. The proposed plan will eliminate 14 units from the housing park. Director of Community Development James Callahan met with the applicant to review several issues including setbacks, parking, lot size etc.

Work Session items:

Natale Builders 9159 Main Street
Applicant requests Development Plan approval for construction of an 8,250+/- square foot professional office building. The proposed site is located on the south side of Main Street, west of Thompson Road on existing vacant land consisting of approximately 1.44 acres zoned Commercial. The Planning Board has forwarded a recommendation for Development Plan Approval conditioned upon Landscape approval, Commercial Open Space Fees and requirements of the Town Engineer.

Norm Castine 7040 Goodrich Road
Applicant requests preliminary concept review for a proposed 13 lot subdivision in the Agriculture Rural Residential Zone. The proposed site is situated on the west side of Goodrich Road between Martin and Lapp Road on existing vacant land consisting of approximately 28.7 acres. The construction of a public road to service 12 new rural residential lots is also being proposed. The applicant had previously proposed a 5-lot Open Development on the same parcel.

Stage & Ransom Road, LLC
Applicant requests a 4-lot minor subdivision. The proposed site is located on the southeast corner of Ransom and Stage Roads on existing vacant land consisting of approximately 238+/- acres zoned Agriculture Rural Residential. Applicant is proposing to split off four rural residential lots from the parent parcel, three lots along Stage Road and one lot along Ransom Road. Water pressure issues exist in this area of the Town and concern exists over increasing the load. The applicant has no plans at this time for the remaining lands and is seeking permission to precede with these lot splits in advance of any future development proposals for the remainder of the property.

Phil DeSimone – Boncrest West Development
Applicant is requesting road dedication for Boncrest West Extension to accommodate four residential lots. Per NYS Realty Subdivision Law, the applicant will be limited to four lot splits in a three year period. Highway and Engineering Departments have examined the installed road and find it acceptable. All regulatory agency approvals are in order.

Dan Singer 8353 Main Street
Applicant requests preliminary concept review of a proposed ice cream stand on an existing vacant parcel of land located on the southeast corner of Main Street and Susan Drive. The area is surrounded by the Harris Hill Traditional Neighborhood District. Areas of concern include buffering of adjoining residential homes and traffic.

Supervisor Kathleen Hallock

Supervisor Hallock will announce all motions that were made at the January 11th meeting.

Supervisor Hallock will announce that the town received a court grant for security cameras. The cameras are in four areas of the Town Hall.

All Town Board members received notice of the annual Senior Center board meeting.

Supervisor Hallock received a letter from the NYS Department of Transportation detailing plans for Transit Road from Aero Drive in Cheektowaga and Lancaster to Route 5 in Clarence and Amherst. Plans are available for review in the Planning and Zoning Office.

Dawn Trippi will be available next week if anyone would like their Code book updated.

The February 1, 2006 Work Session will begin at 9:00 A.M. Town Engineer Latona will give a power-point presentation regarding sewers.

Amherst Supervisor Satish Mohan would like to explore one service provider for all sewers.

In Councilman Weiss absence, Supervisor Hallock will make a motion awarding the site inspection services for the installation of the emergency generator at the Highway, Engineering and Building Departments to IBC Engineering, PC.

Supervisor Hallock will make a motion awarding the installation of the Town Hall Sanitary Sewer Lateral Phase I to Milherst Construction, Inc.

Highway Superintendent Ted Donner is requesting approval to place stop signs at the northwest corner of Cobblestone Drive and Turnstone Drive and the southeast corner of Cobblestone Drive and Turnstone Drive.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski has received the 2005 Annual Central Fire Operations Report.

Councilman Bylewski will announce that the next Service Organizations Meeting will be held at the Legion Hall on February 27, 2006.

The Cable TV Committee will meet January 19, 2006 in the Planning Board meeting room.

Marty Root has resigned from the Historic Preservation Committee

Ruth Schultz has resigned from the Cable TV Committee.

Councilman Bylewski will announce openings on both committees along with an alternate position on the Planning Board.

Councilman Bylewski has one item to discuss in Executive Session.

Councilman Bernie Kolber

Councilman Kolber will announce the resignation of John Brady from the Zoning Board of Appeals effective immediately. Mr. Brady’s term was to expire 12/31/2009.

Councilman Kolber will make a motion for the establishment of a refuse/garbage district, a special election will be held on March 28, 2006 at Clarence Town Hall. The Map, Plan and Report will be on file in the Town Clerk’s office.

Councilman Pat Casilio

Councilman Casilio had no report.

Town Attorney Steven Bengart

Town Attorney Bengart has one item to discuss in Executive Session relative to attorney – client privilege.

Town Attorney Bengart will forward a copy of the letter he received from Joseph Cipolla of Bella Vista to all Town Board members.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss matters leading to the discipline of a particular person, matters leading to the appointment of a corporation and matters leading to the appointment of individuals. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss. Motion carried.

There being no further business, the Work Session adjourned at 7:05 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, January 18, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Pledge to the flag was led by Councilman Bernard Kolber, followed by a prayer read by Supervisor Hallock.

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

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held December 21, 2005 as received. On the question, Supervisor Hallock wanted to add on page 392 of the Work Session minutes, the last motion – no action taken. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held January 4, 2006 as received. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Supervisor Hallock deferred acceptance of the minutes of January 11, 2006 until the next meeting.

Motion by Supervisor Hallock, seconded by Councilman Bylewski that upon recommendation by Highway Supt. Ted Donner, approval is granted for placement of stop signs at the northwest corner of Cobblestone Drive and Turnstone Drive and the southeast corner of Cobblestone Drive and Turnstone Drive. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber that the Clarence Town Board accepts the advice of Labor Counsel regarding the disciplinary action of a particular person. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the transfer of funds in the General Fund in the amount of $11,465 from A 7110.413 Resurfacing to the following: $11,000 to A 7110.438 Utilities, $400 to A 7110.416 Gasoline and $65 to A 7110.407 First Aid Kits. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to award the site inspection services for the installation of the Emergency Generator at the Highway, Engineering and Building Departments to IBC Engineering, P.C. to be paid per site visit, not to exceed $4,000 in accordance with their proposal dated November 17, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to award the installation of the Town Hall Sanitary Sewer Lateral Phase I to Milherst Construction, Inc. in the amount of $20,290. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Supervisor Hallock announced that at the January 11, 2006 Work Session, a motion was passed for the Supervisor to sign an agreement with the Department of State to apply for grant funding for reimbursement of the bike path gators, subject to Town Attorney approval.

Supervisor Hallock said Councilman Weiss asked her to announce that at the next Town Board meeting we will consider putting into place a $50 flat fee for the use of the Clubhouse except for regular meetings. Groups of 200 or more will continue to be charged an additional $50 for parking and clean up. These fees will become effective January 2007.

Supervisor Hallock said a motion was passed at the January 11th meeting approving the use of the Nature Center by the Melinda Gray Foundation on May 6, 2006.

Supervisor Hallock said she is pleased to announce that the Town received a court grant from New York State for security cameras in the amount of $5,870. The cameras are on constantly in four areas of the Town Hall.

Supervisor Hallock announced that she received a letter from the New York State Dept. of Transportation, along with Advance Detail Plans for Transit Road from Aero Drive in Cheektowaga and Lancaster to Route 5 in Clarence and Amherst. Plans are available for review by the general public in the Planning and Zoning Office. The letting for the project is scheduled for September 2006.

Councilman Bylewski reported on the Central Fire Alarm Office Annual 2005 Operations Report. Town of Clarence fire companies responded to the following: 27 – Structure Fires; 4 – Motor Vehicle Fires; 94 – Miscellaneous Fires; 2 – False Alarms; 1,172 – EMS Calls; 170 – Motor Vehicle Accidents; and 449 - Miscellaneous Calls for a total for 2005 of 1,918 alarms. A narrative report was also included and is on file at the Town Hall for anyone interested.

Councilman Bylewski said he is putting together another meeting with the service organizations in the Town on February 27, 2006 at 7:30 P.M. at the Legion Hall. They will be discussing organization of service organizations, youth volunteer program and various other items.

Councilman Bylewski said the Cable TV Committee meeting will be held on January 19, 2006 at 7:30 P.M. in the Planning Board meeting room at the Town Hall. Representatives from Adelphia will be present to go over the state of Adelphia and cable services in the Town.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to accept, with regret, the resignation of Ruth Schultz from the Cable TV Committee. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Bylewski said this leaves an opening on the Cable TV Committee and applications will be accepted through February 22, 2006.

Councilman Bylewski said the 2006 National Planning and Planning Pioneer Awards will honor award recipients at a special luncheon April 25, 2006 at the National Planning Conference in San Antonio. The Clarence and Amherst Youth Planning Project was Public Education Award winner. Councilman Bylewski congratulated our Planning Department once again. It would be nice if someone could go to accept the award.

Councilman Bylewski announced that there is a vacancy for an Alternate Member on the Planning Board. Applications will be accepted through February 22, 2006.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to accept, with regret, the resignation of Martin Root from the Historic Preservation Committee. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Bylewski said this leaves a vacancy on the Historic Preservation Committee and applications will be received through February 22, 2006. A meeting will be held on January 23rd if anyone is interested.

Supervisor Hallock said openings on the various committees are listed on our website and applications can be downloaded as well.

Motion by Councilman Kolber, seconded by Supervisor Hallock to accept, with regret, the resignation of John Brady from the Zoning Board of Appeals effective January 15, 2006. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Kolber said this leaves an opening on the Zoning Board of Appeals with a term to expire 12/31/09. Applications will be accepted through February 22, 2006.

Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board hereby adopts a resolution of the Town of Clarence, New York, adopted January 18, 2006, approving the establishment of the Town of Clarence Refuse and Garbage District in said Town, and providing that such resolution shall be subject to Mandatory Referendum, and
          Be it further resolved, that the Town Board of the Town of Clarence determines that a Special Election shall be held on March 28, 2006, at the Clarence Town Hall, One Town Place, in said Town, at 7:00 a.m. and the polls shall remain open until 8:00 p.m. or as much longer as may be necessary to enable the voters then present to cast their votes; and
          Be it further resolved, that a complete copy of said resolution and the Map, Plan and Report will be on file in the office of the Clarence Town Clerk.
          On the question, Councilman Kolber said we held a public hearing regarding this matter last year and this is the next step for residents to decide what they want. This is not going to be done by Town employees, but rather contracted with an outside company.
          Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Casilio said he recently attended the Association of Towns training session in Rochester. He thanked the Town for the opportunity to attend as he got a lot out of it.

Councilman Casilio said the Chamber of Commerce and the Town of Clarence are planning a Winter Festival for February 12th at the Town Park on Main Street. Many activities are being planned.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to accept, with regret, the resignation of Martin Root from the Conservation Advisory Council. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Supervisor Hallock said applications will be accepted for the Conservation Advisory Council through February 22, 2006, with a term to expire 12/31/08.

Department Reports

Town Clerk Nancy Metzger announced that the 2006 Town & County tax bills are in and will be sent out early next week. The due date is February 15th.

Dawn Kinney, Youth Director added that the Winterfest will be held on Sunday, February 12 from Noon to 6:00 p.m. Planned activities include sledding, ice skating, crafts, etc. Eight restaurants will also be participating.
          The Youth & Recreation Department is sponsoring a Middle School Mixer on Friday, January 27th at the Legion Hall. It is a dance for 6th, 7th and 8th graders from 6:30 to 9:30 P.M. A DJ will be present. Pop and pizza will be offered. Tickets can be purchased at the Town Clerk’s office or at the Library for $5.

Public Participation

Debra Popp, 4440 Barton Road spoke regarding item 22, the request by Walgreen’s. She does not feel that this is a good location. We already have a drug store at this intersection. They should put it in Clarence Center or some other area that does not have one.

Al Schultz spoke with concern regarding item 14 for a Landscape Business at 8290 Stahley Road. His property is directly behind the location. They moved into this area for the rural suburban ambience of Clarence. The proposal is for a commercial building and trucks. He would not buy his house today with the mess and the operation of the business.
          Mr. Schultz requested that they be allowed to participate if this project moves forward. He also asked that the conditions set forth be legal and binding with a timeline for completion.

A Public Hearing was held to consider the request for a Special Exception Use Permit for an in-law apartment in the Residential Single-Family Zone at 8672 Stahley Road. James Callahan said the location is on the north side of Stahley Road, east of Conner Road.
          Joseph Vacanti said the intent of the apartment is for future use by their parents. In the interim, they would like to rent it to friends or family members through word of mouth. They would not advertise or post a for rent sign on their property. It will not appear to be an apartment. There are several duplexes in the neighborhood along with a horse corral and greenhouses. The immediate neighbors do not object. It would be listed as a single-family home and deeded as such.
          Councilman Kolber said he appreciates his honesty, but his concern is that down the road it will be used as an apartment. The zoning has changed.
          Mr. Vacanti said he does not feel it is an unreasonable request since there are similar uses already existing on the street.
          James Callahan said the Special Exception Use is specific in the law. The zoning classification of Residential Single-Family has specific conditions. Supervisor Hallock added that the conditions would be that it could be used only as a familial in-law apartment and restricted to two family members.
          Councilman Bylewski said the new zoning on this property does not allow for a two-family unit.
          Mr. Vacanti said their intent is as stated.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Supervisor Hallock to close the Public Hearing. On the question, Mr. Vacanti asked if there was any other area for him to appeal his request. James Callahan said he could go through the Zoning Board of Appeals process. Councilman Bylewski said he is not sure how successful he would be, but he should stop by the Planning Office and talk to them. Mr. Vacanti said he wanted the Town Board to know that Jim Hartz and Jim Callahan have been very helpful to them with the process. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board after a Public Hearing duly held on January 18, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant for a secondary living unit as part of the new home construction located at 8627 Stahley Road subject to the following conditions: 1. Shall only be utilized as a familial/in-law apartment. 2. Shall be restricted only up to two-family members to occupy unit. 3. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the two-family dwelling to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Roger Czarnecki requests Preliminary Concept Review for a proposed 10-Lot Subdivision off Willow Lake Drive. James Callahan said the location is an extension of Willow Lake Drive consisting of approximately 12 acres zoned Residential Single-Family. No public sewers are available in the area.
          Roger Czarnecki and Don Hoffman were present. He has owned the property for 30 years and would like to create a pleasing setting by adding a cul-de-sac at the end of Willow Lake Drive. They intend to proceed in phases with lots 1 – 7 in the first phase. These lots have existing frontage on Thompson Road and Willow Lake Drive. After those were sold, Mr. Czarnecki would decide if he would go forward with the next phase. They are looking at a 7 to 10 year project.
          Councilman Kolber said there is a flooding issue on Old Goodrich Road. Mr. Hoffman said yes there is a slight problem.
          Councilman Kolber said he would like to see a design that included open space to try to preserve some of the character. Councilman Bylewski added that if this project moves forward, that is one of the first things the Planning Board will want is an alternative design. The Zoning Office can provide them a copy of the laws.
          Motion by Councilman Kolber, seconded by Councilman Bylewski to refer the request for Preliminary Concept Review for a proposed 10-Lot Subdivision off Willow Lake Drive to the Planning Board with all comments made previously tonight included. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

The request by Don Marfurt for Preliminary Concept Review for a proposed 45-Lot Subdivision off County Road was tabled until the applicant arrived.

Mark Ziemba requests a Public Hearing to consider a Temporary Conditional Permit to operate a Landscape Business as an expanded home occupation in the Residential Single Family Zone at 8290 Stahley Road.
          Councilman Kolber asked him where the house is. Mark Ziemba said the plan was to move a house from where he works, but that fell through. His plan is to build a house now and he plans to break ground in August. The property has not been split. The parcel belongs to his great-grandmother. The drawing depicts how the future of the lot would be.
          Mark Ziemba said he wished that things had progressed in a timelier manner. He discussed with the neighbor, Mr. Schultz his intent to house his landscaping business on the site and in the future to construct layers of landscaping and fencing to create a buffer. He wanted to first make sure what he was doing would be okay by the Town before continuing.
          Councilman Kolber said the Zoning Board of Appeals approved the appeal for the pole barn because they were told the house was coming and it never did.
          Councilman Casilio asked Mr. Ziemba if he was running a business out of that building. Mr. Ziemba said no. There are three trucks and one pickup truck in front of the building. Councilman Bylewski asked again if he was running a business from the site. Mr. Ziemba said no employees report there every day currently and there is no phone line to the building.
          Councilman Bylewski said there is a concern under the Zoning Law that trucks over 3 Tons not be allowed. Mr. Ziemba said he does not know for sure the weights of his trucks. Councilman Bylewski said if this project goes forward, they will need to know. We were also under the impression that the parcel was split. Councilman Kolber said the Zoning Board of Appeals was trying to help him out.
          Mr. Ziemba said his original intent was to use the barn for storage of his own vehicles and his boat. He was storing his vehicles at another location and lost the space.
          Town Attorney Steven Bengart suggested that if the applicant is willing, a representative from the Town be allowed to go through the building to see what is there before a public hearing is held.
          Supervisor Hallock said she fully understands the neighbor’s concerns. He asked for an exception for an accessory building, but there is no principal building there. Mr. Ziemba said the drawing depicts his original intent. This is actually a second accessory building. Mr. Ziemba said he would allow someone to inspect his property.
          Supervisor Hallock said the Town Board will not take any action tonight to set a public hearing. If he would like to apply again he may. The property should be cleaned up.
          Mr. Ziemba said he feels bad about Mr. Schultz, but he has attempted to construct a fence. Councilman Casilio said he could move the trucks from behind the building. Mr. Ziemba asked if he is in violation by storing the vehicles there. James Callahan said there is a clause regarding commercial vehicle storage according to weight.
          Councilman Bylewski said we need to know what he wants to do with this property, allow a Town representative to take a look at what is on the property and then come back to decide if a public hearing should be set. Supervisor Hallock said if he has any questions, he should contact the Planning Department. Mark Ziemba said he can move the trucks. Councilman Casilio asked if he is planning on outside storage, they need to know that also. He asked how long before Mr. Ziemba could remove them. Mr. Ziemba said in a week.
          Town Attorney Steven Bengart said the Town Board can table the request or take no action.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the request for a Public Hearing to consider a Temporary Conditional Permit to operate a Landscape Business as an expanded home occupation in the Residential Single Family Zone at 8290 Stahley Road. On the question, Councilman Bylewski said if the items discussed, including removal of the trucks was not done; the Town would pursue an enforcement action. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Joe Nemmer requests a 2-Lot Minor Subdivision at 9330 Lapp Road in conformance with Local Land Use Regulations. James Callahan said the location is on the north side of Lapp, west of Goodrich Road consisting of approximately 26.7 acres zoned Agricultural Rural Residential. The applicant is proposing a new lot with 150 ft. of frontage and consisting of approximately 8.76 acres.
          Joe Nemmer said the plan is for one home. Supervisor Hallock said it may require a variance due to the setback distance.
          Motion by Councilman Bylewski, seconded by Councilman Kolber that a Negative Declaration is issued for the proposed 2-Lot Minor Subdivision at 9330 Lapp Road based upon the Short Environmental Assessment Form and the surveys as completed for this Unlisted Action. This project is in compliance with the Zoning Law and Master Plan 2015. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to approve a 2-Lot Minor Subdivision at 9330 Lapp Road, which is in conformance with our land use regulations. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Rock Garden Properties requests Preliminary Concept Review for a 16-Unit Residential Development in the Traditional Neighborhood District and Single-Family Residential Zones at 8880 Main Street. James Callahan said the location is the north side of Main Street, west of Shimerville Road consisting of approximately 1.4 acres. The applicant proposes demolishing the existing units and constructing 8 new structures with a total of 16 units.
          Noel Dill said the property was originally a motel and is now used as apartments. There is a traditional home style apartment building with the separate bungalow style apartments. They propose to demolish the bungalow apartments and the home with two units would remain. The new units would be approximately 950 sq. ft. The approach from Main Street would be upgraded. There is a landlocked area that sits behind the main house. It was all one parcel at one time and then split.
          Supervisor Hallock said there was a question regarding the two driveways. Mr. Dill said they are proposing one idea and are open to any suggestions.
          Councilman Kolber said a substantial portion of this property is in the Single-Family Residential Zone. His concerns are the density and the zoning.
          Councilman Casilio asked why they are saving the one building and not redeveloping the whole site. Mr. Dill said it is a sound structure. Councilman Casilio said he is in favor of removing old hotels off of Main Street, but this would infringe on a residential area.
          Mr. Dill said they are open to suggestions, but feel it is a sound structure with some unique elements. There is sufficient land available.
          Councilman Bylewski said any development that would go on in the Residential Single-Family Zone would preclude this multi-unit type of development from being proposed. There is also the concern of how the waste would be disposed of. We need to get a handle on that before this project could move ahead.
          James Callahan said the Residential Zone does allow for a clustering component. We encourage it as long as the density is maintained.
          Noel Dill said the property would be under one owner. They have plenty of room behind the existing house to construct the sewage treatment facility and still have plenty of greenspace left.
          Councilman Kolber said he is opposed to rezoning property. It will cause a negative impact on the existing residents to the rear. Noel Dill they would be willing to look at alternate site plan with buffering to address the impacts.
          Councilman Bylewski said the Zoning Law came about because of the Master Plan. In order to change zoning, you would have to go through a Master Plan review. Mr. Dill asked about a zoning variance without rezoning. Councilman Bylewski said he would like to see a project that complies with our Zoning Law. He does not see how it would be beneficial for anyone involved to move forward.
          Councilman Kolber said there must be better uses that comply with the Zoning Law. Mr. Dill said they could just continue to run it as is. They have no other plans for developing the property than what is shown.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to table the request for Preliminary Concept Review for a 16-Unit Residential Development in the Traditional Neighborhood District and Single-Family Residential Zone at 8880 Main Street to allow the applicant the opportunity to rethink the project and come back with a project that complies with the Zoning Law. The other concern is to firm up the sewage treatment issue with the Department of Health. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Alan Nigro requests a Minor Subdivision Approval to create a Single-Family Residential Building Lot at 9081 Greiner Road. James Callahan said the location is on the south side of Greiner Road, east of Willow Brook Drive with parent parcel consisting of approximately 41 acres zoned Single-Family Residential.
          Councilman Bylewski said there is a drainage issue. James Callahan added that the Town Engineer identified that through the permit process, Building and Engineering will look at the drainage concern. Mr. Nigro said there is a 35 ft. future easement on the property for future development in the back. He understood from Tim Lavocat that when they moved the ditch; there were no more drainage issues over the last year.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock that a Negative Declaration is issued for the proposed Single-Family Residential Building Lot at 9081 Greiner Road based upon the Short Environmental Assessment Form and the surveys as completed for this Unlisted Action. This project is in compliance with the Zoning Law and Master Plan 2015. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.
          Motion by Councilman Kolber, seconded by Supervisor Hallock to grant Minor Subdivision Approval to create a Single-Family Residential Building Lot at 9081 Greiner Road, subject to the Town Engineer’s review and approval of a drainage easement if he deems it necessary. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Aldine Tarbell requests a Minor Subdivision Approval to create a Single-Family Building Lot in the Agricultural Rural Residential Zone at 5565 Strickler Road. James Callahan said the location is on the east side of Strickler Road, north of Greiner Road with the existing parent parcel consisting of approximately 94 acres. This lot meets all minimum requirements of the Zoning Law.
          Motion by Councilman Bylewski, seconded by Councilman Kolber that a Negative Declaration is issued for the proposed Single-Family Residential Building Lot at 5565 Strickler Road based upon the Short Environmental Assessment Form and the surveys as completed for this Unlisted Action. This project is in compliance with the Zoning Law and Master Plan 2015. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant Minor Subdivision Approval to create a Single-Family Building Lot in the Agricultural Rural Residential Zone at 5565 Strickler Road. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Casilio Companies requests a Public Hearing to consider a Special Exception Use Permit for development of a 38,342 sq. ft. Professional Office Building at 8755 Sheridan Drive.
          Councilman Casilio said he is part owner of this proposed building; therefore he is recusing himself from all discussions on the project.
          James Hartz said the location is on the south side of Sheridan Drive in the Restricted Business Zone consisting of approximately 5 acres. They propose to split off about 3.2 acres for this project. The Planning Board recommended Concept Plan Approval with conditions. A Negative Declaration was also issued with conditions.
          Councilman Bylewski said the conditions related mitigations as to the size of the building. The use of the land for an office building is acceptable. The size of the building must be addressed in order to fulfill the items under SEQR.
          Peter Casilio, 9170 Thompsonwoods asked for elaboration on the statements made. Councilman Bylewski said he recalls that according to the Environmental Assessment Form, the issue of the size of the building has to be mitigated.
          Peter Casilio said every issue mentioned by the MRC could be mitigated some way somehow, whether it is the size of the building, the view of the residents behind it or the view from the street. Councilman Bylewski suggested that he have those measures ready to be mentioned at the public hearing.
          Peter Casilio said they have received two approvals from the MRC. He would like some direction on any type of mitigation that the MRC or the Town Board would like to see. Any minor adjustments recommended by the Town or the neighbors are welcome.
          Supervisor Hallock said the size of the building is the issue and she does not know how landscaping could mitigate that.
          Councilman Kolber said the building across the street is probably about the same size, but it slopes down from Sheridan. Peter Casilio said they have provided view sheds and flown balloons and so on.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to set a Public Hearing for February 8, 2006 at 7:50 P.M. to consider the request by Casilio Companies for a Special Exception Use Permit for development of a 38,342 sq. ft. Professional Office Building at 8755 Sheridan Drive. Upon roll call – Ayes: Councilmembers Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio; Absent: Councilman Joseph Weiss. Motion carried.

Frank Nicotra requests a Public Hearing to consider a Special Exception Use Permit to allow an in-law apartment at 10310 County Road. James Callahan said the location is the north side County Road, east of Strickler Road at an existing single-family home on approximately 2 acres in the Agricultural Rural Residential Zone. The proposal is to construct an in-law apartment in an accessory structure on the residential property.
          Cathy Nicotra said they are proposing an in-law apartment with two bedrooms.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing for February 8, 2006 at 7:55 P.M. to consider a Special Exception Use Permit to allow an in-law apartment at 10310 County Road. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Italian Marble and Granite requests Development Plan Approval for construction of a 20,000 +/- sq. ft. facility in the Industrial Business Park Zone at 8540 Roll Road. James Callahan said the location is the north side of Roll Road east of Harris Hill Road. Lot split was approved on 12/7/05 and a Negative Declaration was issued on 12/21/05. All regulatory agency and departmental approval are in order.
          Frank Wailand and the President of Italian Marble were present.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to grant Development Plan Approval for construction of a 20,000 +/- sq. ft. facility in the Industrial Business Park Zone at 8540 Roll Road. On the question, Councilman Bylewski added that it is subject to the recommendations of the Town Engineer and Open Space fees. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Walgreen’s requests Preliminary Concept review for a proposed 14,700 +/- sq. ft. drug store at 9200 Sheridan Drive. James Callahan said the location is at the northwest corner of Sheridan Drive and Thompson Road consisting of approximately 1 ½ acres zoned Commercial. The Town Board previously asked for additional information, which is depicted on the revised site plan.
          Jeff Palumbo and the developer of the site were present. Mr. Palumbo said the revised site plan shows the Manufactured Home Park adjacent to the site and the setbacks pursuant to the local law. The proposed site is about 1 ¾ acres and the building is approximately 14,800 sq. ft. They have also provided 30% greenspace on the site as required.
          Councilman Bylewski said his biggest concern with this project is the impact on the Manufactured Home Park. The proposed alterations necessitate the removal of 14 homes. That would cause the falling out of the grandfathering of the Manufactured Housing Law and they would have to comply with the law that exists. The law requires a minimum of 50 homes, a 50 ft. greenbelt around the park and 150 ft. setback from the public roads.
          Jeff Palumbo said they tried to address the concerns of the Town Board. There are two roadways, which meant two 150 ft. setbacks had to be included.
          Councilman Bylewski said given the setbacks required, you are looking at eliminating another 12 units. His biggest hang up on this project is not only the six variances, but the impact on the people in that park.
          Jeff Palumbo said their goal is to fit on the parcel, clean up that area and inject some new life into that subdivision. At the same time, they are trying to minimize the displacement of the adjacent residents. To conform to the requirements, they would have to eliminate another 12 units.
          Town Attorney Steven Bengart said to make it clear, it is to make it conform to the Manufactured Housing Law as it exists.
          Councilman Kolber said in order to comply with the Town laws, more people would have to be displaced. The trade off is that the site is too small for the project.
          Jeff Palumbo said he thinks either result is a win for the Town. It would take a situation where cars are every which way on this site and hanging into the street. They would be injecting new life to the area and cleaning up the intersection.
          Councilman Kolber said he is looking for something that looks like Rite Aid. Mr. Palumbo said they have a 2 ½ acre site. He believes the variances are minimal. They have less parking than required, but more than Walgreen’s requires.
          Councilman Bylewski said the variances that are listed specific to the Walgreen’s site are front yard parking, building setback from Sheridan Drive and the parking quantity. The six Manufactured Home Park variances include: 50 ft. greenbelt area, 150 ft. road setback, lot size, setback from internal road center line, spacing from adjacent manufactured home, and that it is under 50 units.
          Jeff Palumbo said he is not sure that the intention behind the Manufactured Housing Law did not cover the issue of reducing the number of units. It talks about the enlargement or re-modified.
          Supervisor Hallock said you cannot forget the fact that you are relocating at least 14 homes.
          Mr. Palumbo said the issue of the variances is for the Zoning Board of Appeals to determine. They will do whatever the Board prefers, refer them to the Planning Board or they will go to the ZBA.
          Town Attorney Steven Bengart said it is his recommendation to either table this item or not move upon any action. They can go to the ZBA for the nine variances if they so choose.
          Councilman Bylewski said he is not in favor of this project in the way that it impacts the Manufactured Housing Park. It is their right to go to the ZBA.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to table the request by Walgreen’s for a proposed 14,700 +/- sq. ft. drug store at 9200 Sheridan Drive. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Supervisor Hallock asked if Don Marfurt was present for item 13 and he was not.

Motion by Councilman Casilio, seconded by Councilman Bylewski to approve the following: Clubhouse Applications - A. Cub Scout Pack 563 – Jan. 26, 2006; B. Historical Society – 2nd Tuesday each month of 2006 per application; C. Clarence Garden Club – Oct. 18, 22, 25-27, 2006; Legion Hall Applications - A. Clarence Youth Department – Various dates per application for 2006; B. Joannah Maranto – Jan. 29, 2006; C. Sue Payne – Feb. 5, 2006; D. Service Organization Meeting – Feb. 27, 2006; E. Ken Loewer – April 22, 2006; and F. Karen O’Neill – Dec. 9, 2006. On the question, Councilman Bylewski said he and other Town Board members are also members of various organizations, however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. 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 12, 2006 are approved for payment: General Fund - $177,525.75; Highway Fund - $52,691.81; Water District - $35,052.64; Sewer Districts - $224.13; and Trust & Agency 203 - $1,114.16 for a total amount of $266,608.49. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Casilio asked that the meeting be closed in honor of Roger Chaffee who passed away last week. He was a former Clarence Fireman, Past Chief of Clarence Fire Company, former Town Councilman and Town Disaster Coordinator.

There being no further business, Supervisor Hallock adjourned the meeting at 9:35 P.M.

Nancy C. Metzger
Town Clerk