01/19/05


A Work Session of the Clarence Town Board was held January 19, 2005 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’ Ian McPherson, Joseph Weiss and Bernard Kolber. Councilman Bylewski was absent due to a medical emergency. Other Town Officials present were Deputy Supervisor Anne Case, Director of Community Development James Callahan, Town Attorney Steven Bengart, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Civil Engineer Tim Lavocat.

Director of Community Development James Callahan

Public Hearings:

A Public Hearing is scheduled for 7:45 P.M. to consider adoption of a Local Law amending Chapter 229 Zoning Law and Zoning Map. Supervisor Hallock stated that she received correspondence late this afternoon from Uniland Development and Niagara Frontier Builders Association regarding the adoption of the revised Zoning Law. Director of Community Development James Callahan stated that most of Uniland Development and the Builders Association concerns have already been discussed or addressed in the Zoning Law and the Master Plan. The proposed Zoning Law is based on our adopted Master Plan.

A Public Hearing is scheduled for 7:50 P.M. to consider adoption of a Local law regarding the official establishment of the Municipal Review Community.

A Public Hearing is scheduled for 7:55 P.M. to consider the request for a Temporary Conditional Permit for Colton RV to allow for recreational vehicle sales at Eastern Hills Mall. The Planning Board has forwarded several recommendations.

Formal Agenda Items:

JMF Properties 6465 Transit Road (Joe Floss)

Mr. Floss is requesting Concept Plan approval for development of a professional office building in the Major Arterial Zone. The proposed site is located on the east side of Transit Road, north of Old Post Road. There is an existing building located on

1.9 +/- acres currently housing a 6,400 square foot office building. The applicant is proposing to construct a second professional office building to the rear of the existing office building with parking per code.

Angelo Natale 9159 Main Street

Applicant requests Concept Plan approval for development of an 8,500 square foot professional office building and a Special Exception Use Permit for 4 residential units in a Commercial Zone. The proposed site is located on the south side of Main Street, west of the Sheridan/Thompson intersection. The area to remain in a commercial classification.

Culligan Auto Place 8139 Main Street

Applicant requests a Building Permit and Architectural approval for construction of a second pole barn/storage facility. The proposed site is located on the south side of Main Street, east of Transit Road. The area is a commercial classification and meets all setback and green space requirements.

Norm Castine – Goodrich Road north of Martin Road

Applicant requests Concept Plan approval for development of a 4-lot open development area with a frontage lot on Goodrich Road and two frontage lots on Lapp Road. The proposed site is located on the west side of Goodrich Road, north of Martin Road and south of Lapp Road on vacant land consisting of 43.36 acres in the Residential A Zone. The area is an Agriculture Rural Residential Classification.

Harris Hill Animal Hospital 8470 Main Street

Applicant requests concept Plan approval for construction of a new veterinary office. The proposed site is located on the north side of Main Street, west of Harris Hill Road in the Harris Hill Traditional Neighborhood District. Applicant is seeking approval to construct a new facility and demolish the old building. There may be an issue with the site plan. The Harris Hill Traditional Neighborhood District will require that the building be located to the front of the parcel with parking to the rear. The applicant is most likely seeking to construct the new facility while continuing to occupy the existing building.

Al Nemmer 9393 Main Street

Applicant requests a Change in Use from storage warehouse to retail sales to house Ingalsbe’s Appliance Store/Showroom. The proposed facility is located on the south side of Main Street behind Orazio’s Restaurant.

Clarence Hollow Association Farmers Market 10717 Main Street

The Clarence Hollow Association is requesting a Temporary Conditional Permit for relocation of their Farmers Market. The proposed site is located on the south side of Main Street, between Sawmill and Academy. The area is located in the Clarence Hollow Traditional Neighborhood District on a newly completed public parking area. It has been determined that the parking lot is owned by the bowling academy (James Gsell). The property owner has forwarded a letter allowing the use as designed.

Work Session (for consideration at the February 9, 2005 agenda)

Patrick Costello 10626 Main Street

Applicant requests a Change in Use to convert an existing vacant building into a small café. The proposed site is on the north side of Main Street opposite Ransom Road located on approximately .5 acres in the Commercial Zone. The property has access from Bank Street with parking to the rear.

Clarence Soccer Club – Clarence Soccer Center

Applicants are proposing to expand the existing snack bar. The property is in the process of being acquired by the Town from the School District.

Kathy DeRose 5731 Kraus Road

Applicant is requesting Concept Plan approval for a 4-lot Open Development area. The proposed site is located on the east side of Kraus Road, south of Greiner Road. There is an existing 4-lot frontage lot subdivision on 48.4 +/- acres. The largest frontage lot contains 26.60 acres. The applicant is proposing to create a 4-lot Open Development area on the 26.6-acre lot and to extend the existing private drive to service the proposed new lots.

Carmina & Wood – east of 8705 Sheridan Drive

Applicant request Concept Plan approval for development of a single story office building with parking lot. The proposed site is located on the south side of Sheridan Drive between Boncrest Drive and Overlook Drive on vacant land consisting of 4.92 acres in the Commercial and Residential A Zones (Residential A to the rear of the property adjoining homes along Boncrest Drive East). Overall design and buffering of adjoining residential properties should be addressed. The design as submitted is approximately 100 parking spaces short.

Frank Chinnicci 5831 Transit Road (Transit Valley Gardens/Laurel Park)

Applicant is requesting Site Plan approval for the development of a 47-unit patio home project to be known as Laurel Park. The proposed site is situated on the east side of Transit Road, south of Clarence Center Road behind Transit Valley Plaza on vacant land consisting of approximately 14.3 +/- acres. The property was rezoned PURD in 1998 based upon a sixty unit public road design. The revised private road development was introduced to the Town in 2003 and preceded through a review process. The Town Board on 10/22/03 issued a Negative Declaration on the revised design and Development Plan approval was granted on 11/19/03. The Engineering Department has forwarded an approval on the final design and the Planning Board has forwarded a recommendation on the submitted site plan with several conditions.

Greg Ribbeck – north of 5955 Shimerville Road

Mr. Ribbeck requests Development Plan approval for a 4-lot Open Development area with 2 frontage lots. The proposed site is located on the east side of Shimerville Road, south of Candlewood Drive on vacant land consisting of 18.5 +/- acres in the Agriculture Zone. The Planning Board has forwarded a recommendation for Development Plan approval with several conditions.

Gary Ferrara/Cingular Wireless - 7377 Transit Road

Mr. Ferrara requests a Public Hearing for consideration of a Special Exception Use Permit to erect a 70’ telecommunications tower behind the Kitchen Advantage store. The proposed site is located on the east side of Transit Road between Lapp and Wolcott Road. The Planning Board has approved the site plan for the tower as designed.

Supervisor Kathleen Hallock

The Bi-Centennial Committee will unveil the Bi-Centennial logo at 7:15 P.M. this evening.

At the January 5, 2005 Work Session, Supervisor Hallock announced that Wendel Duchscherer would review Memorial Park as part of the Parks Master Plan scope of work. They commented on several of the baseball fields and felt that the girl’s softball fields were adequately designed and there were no problems with them. Supervisor Hallock wanted everyone to be aware of their findings and asked if anyone had any questions as to the findings.

All archeological and environmental issues regarding the Peanut Line bike path are settled and we are ready to proceed with the project. Town Engineer Latona stated that we have resubmitted the report to Erie County and the DEC and we are ready to proceed with the plan. Supervisor Hallock stated that there was an public informational meeting held December 6, 2004 and several people commented.

Roger Chaffee wished to extend his appreciation to the Town Board for the proclamation presented to him for his fifty years of service in the Clarence Fire District. Supervisor Hallock also passed this on to Paralegal Cindi Rosel who wrote the proclamation.

SnoSeekers Club member John Gaulocher has informed Supervisor Hallock about a ribbon cutting ceremony for the snowmobile path near Pizza Inn. He has invited the Town Board for rides on the snowmobiles on either February 20 or February 27, 2005 between 11:00 A.M. and noon for up to a two-hour ride.

Supervisor Hallock e-mailed grant writer Lucy Curley about setting up a meeting next week regarding the Bryant & Stratton extension. Supervisor Hallock would also like a meeting with our Capital Plans Committee.

Supervisor Hallock has three corrections to the minutes.

County Legislator Michael Ranzenhofer has secured a $3,000 grant for the Highway Department.

Supervisor Hallock will make a motion to approve Deputy Attorney David Donohue attendance at the Association of Towns Meeting from February 20 – 23, 2005.

Town Assessor David Folger received a letter of resignation from Assessment Review Board member Richard Milewicz effective immediately. Mr. Folger is recommending the appointment of Michael Rizzo to fill this position. Mr. Rizzo was appointed last year as an alternate.

A morning Work Session is scheduled for February 2, 2005. The agenda will include a presentation by Nussbaumer & Clarke, Inc. regarding roundabouts. Bob Rogers from Amtek will also be on the agenda.

Paralegal Cindi Rosel attended a meeting January 13, 2005 regarding LOSAP (Length of Service Award Program for firemen). The Town Board as Administrator of LOSAP and as fiduciary has the legal responsibility to inform the fire companies of the changes in legislation involving the awards program. The Town Attorney will have to explore the State vs. Federal Laws (the Equal Opportunity Laws) and Contract Laws regarding LOSAP changes (possible discrimination on how the plan is to be administered relative to entitlement age, life insurance issues such as the Town continuing to pay premium after reaching entitlement age etc). The Town must meet to discuss the extended benefits allowed by the new legislation and tax ramifications to taxpayers in each district, they are all different. The Town Board is not bound by the cap of 40 years. If the Town decides to do this, we must develop a plan to present to the Fire District. Inquire of the fire companies if they would like to present to the Town Board a plan to the residents of each fire district at a referendum. VFIS representatives will prepare benefit schedules for each Fire Company indicating the options available and will submit it to the Town Board before the scheduled April 6, 2005 meeting. East Amherst, Harris Hill and Swormville VFC all have all expressed an interest.

Supervisor Hallock will announce an opening for Youth Center Director.

Supervisor Hallock will make a motion authorizing payment of Change Order #2 and final net contract payment to Milherst Construction for the Arboretum project.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Ian McPherson

Councilman McPherson will set a bid date for February 9, 2005 at 10:00 A.M. for the Senior Center van.

Councilman McPherson will make a motion authorizing the Supervisor to execute the union collective bargaining agreement.

An issue has come up at the Senior Center Board meeting. Their total revenues exceed $250,000. When a non-profit exceeds $250,000, they have to do an audit and financial statement. The annual cost for this runs between $2,500 and $5,000, which they did not budget for. Town Attorney Bengart will review this and confirm whether or not this is a requirement.

Councilman McPherson has two items to discuss in Executive Session.

Councilman McPherson will contact Don Boyd regarding Day in the Park.

Councilman Joseph Weiss

Councilman Weiss will make a motion to promote Tim Lavocat to Assistant Town Engineer effective immediately.

Councilman Weiss will make a motion to initiate the process to fill the Building Inspector position as provided in the 2005 Budget.

A fee schedule for fire inspections is being drafted and will be submitted to the Town Board in the near future for their review.

Councilman Weiss will set a Public Hearing for February 9, 2005 at 7:45 P.M. to consider the purchase of vacant land on Goodrich Road.

Upon recommendation of Joseph Meacham, Councilman Weiss will make a motion appointing Anthony Haas as Deputy Chief Security Officer effective January 29, 2005.

Upon recommendation from Town Clerk Nancy Metzger and Parks Crew Chief John Burns, a Public Hearing will be set for February 9, 2005 at 7:50 P.M. to consider fees for use of town park pavilions.

Councilman Weiss will make a motion to adopt a resolution regarding the West Valley Task Force.

Councilman Bernard Kolber

Councilman Kolber announced that the Recycling Committee has scheduled a meeting for January 31, 2005 to proceed further with the possible adoption of creating a garbage district.

Councilman Kolber will announce a public forum to be held on February 28, 2005.

Town Attorney Steven Bengart

Town Attorney Bengart gave an update on the soccer fields located on Kraus and Clarence Center Roads. Mr. Bengart has had discussions with Bill Gray, attorney for the school district. There is a Title issue that Mr. Bengart raised which no one has looked at until last week. The issue is that there is a line of occupation showing re-bar twenty feet running along the easterly portion of the premises the Town is looking to purchase. There is a house situated on the actual line of title. There is an issue regarding the occupancy and who the owner of the land is. The Title Company required that either they bring an action to quiet the Title that would mean a lawsuit and the possibility that this deal would fall apart or the occupant get a boundary line agreement. The only issue with a boundary line agreement is that it will mean that they are going to give up the twenty feet that is in question. That affects what we are buying but only twenty feet worth of what we are buying all the way back. Town Engineer Latona stated that there is a drainage ditch in the area in question; he will review this before it goes further. Town Attorney Bengart stated that he talked to the surveyors and there is a legitimate Title issue as to who owns the twenty feet of property.

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

There being no further business, the meeting adjourned at 7:45 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:05 P.M. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bylewski. Motion carried. No action taken.

Bi-Centennial Committee Presentation

Several members of the Bi-Centennial Committee were present for the unveiling of the Bi-Centennial logo (which was designed by Jeff Feinen) and the kick-off of the Bi-Centennial celebration for the next four years taking us well into the Bi-Centennial year.

The Bi-Centennial Committee has plans to have a birthday party every year from now until the Town’s 200 th birthday. The Town of Clarence was established on March 11, 1808, this year on March 6, we are going to have a 197 th open house birthday party for the Town of Clarence at the Town Park Clubhouse from noon until 5:00 P.M. There will be games appropriate for the period. A brief tour of the cemetery that honors many of the town’s most noteworthy residents will be held. Weather permitting, a walking tour of the historic homes in the Clarence Hollow area will be offered. That same afternoon, the Greatbatch family will be honored and the road in front of the Town Park Clubhouse will be named Greatbatch Way. The mission of the Bi-Centennial Committee is to make the Bi-Centennial significant to all residents of Clarence.

We have two-hundred years to cover in the next four years, in order to give every period its proper attention, the committee will be dividing two-hundred years into four years starting on March 6 th we will be celebrating the first fifty years of Clarence.

Steering Committee member Doug Kohler stated that the Clarence Historical Society is in the process of publishing a new set of history books that will correspond with the Bi-Centennial. The books are geographic in nature; Clarence Hollow will be done this year and will be available at the Bi-Centennial kick-off on March 6, 2005. In 2006 Harris Hill will be available, 2007 Clarence Center and 2008 will include Swormville and the north country. These books will go hand-in-hand with Onita Baker’s book.

Co-Chair Linda Nastasi stated that the Bi-Centennial logo is available to anyone that would like to use it to help advertising all the events going on for the Bi-Centennial. The committee has many volunteers and is looking for volunteers if anyone is interested.


Regular meeting of the Town Board of the Town of Clarence was held on Wednesday, January 19, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Ian McPherson led in the pledge to the flag, followed by a prayer given by Mark Woodward, Town Historian.

Members of the Town Board present were Councilmembers Ian McPherson, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Councilman Scott Bylewski was absent due to a medical emergency. 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 Planning Board Chairperson Patricia Powers.

Motion by Councilman Kolber, seconded by Councilman Weiss to accept the minutes of the previous meeting held January 5, 2005. On the question, Councilman McPherson said he had a correction on page 2, first sentence of his report – “SEMAC Study”, should be CMAQ, which stands for Congestion Mitigation and Air Quality. Supervisor Hallock had a correction on page 1, 3 rd paragraph – “Town Board will also consult with the union attorney”, union should be removed. Supervisor Hallock said on page 10, item 28 – John Hembrook should not have been included as he resigned last August. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant permission for the Deputy Town Attorney to attend the Association of Towns Annual Meeting and Training School February 20 – 23, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize payment of Change Order No. 2 in the amount of $10,562.99 for extra excavation of topsoil and increase in material for paths; and the final contract payment in the amount of $41,979.31 for work completed to Milherst Construction, Inc. for the Clarence Arboretum Project. The total final contract amount is $225,751.99. The existing bond issue is for $250,000. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Supervisor Hallock said she attended a groundbreaking ceremony last week for the Summit Federal Credit Union at 5641 Transit Road. The principals in the project had nothing but praise for our Planning Department, Planning Board and the Building and Engineering Departments and how professional and capable everyone was. She thanked the departments and boards for their excellent work on this project and others.

Supervisor Hallock said the Town Board passed a number of resolutions in the last year or two regarding Medicaid. She was pleased to receive information from Assemblyman Robin Schimminger who introduced a Medicaid Reform Package that is responsive to what Erie County has been asking for. Some of the highlights of the proposal included allowing counties to decide which optional services and categories of eligibility included in the state program will be available to their residents; eliminating or limiting certain optional services statewide; imposing new co-payments and increasing existing co-payments; standardizing eligibility criteria; closing long-term care eligibility loopholes; raising the tax credit for long-term care insurance; increasing the number of Medicaid recipients enrolled in managed care; maximizing Medicare coverage for individuals who are eligible for both Medicare and Medicaid and instituting a 90-day residency requirement.

Supervisor Hallock received the 2004 Annual Report from Town Historian Mark Woodward, which will be on file in the Town Clerk’s Office. Some of the highlights of the year were working with David Brace on a display at the Erie County Fair, survey for Bicentennial ideas at the Memorial Day in the Park, slide presentation for 4 th grade at Harris Hill Elementary, attendance at Clarence Hollow Association and Historical Society meetings and serving as co-chair of the Bicentennial Committee. Supervisor Hallock said she is pleased with Mark’s work as the Town Historian.

Supervisor Hallock announced that the Town will be advertising for the new position of Youth Center Director. This is a competitive Civil Service position. Civil Service identified the title as Youth Center Director after we submitted a description including the youth center, youth service agencies, area youth centers, existing programs and the recreation department.

Supervisor Hallock said she is pleased to announce that we received an Erie County Public Benefit Grant for $3,000 secured by Legislator Mike Ranzenhofer for the Town. The funds will pay for an Emission Inspection System for the Highway Department. The device is required to maintain compliance with the NYS Vehicle Inspection System for motor vehicle emissions.

Supervisor Hallock stated that as part of the Master Plan, the Town identified the value of commercial property to the tax base. For that reason, the Board included $10,000 for economic development in the 2005 Budget. We are looking to possibly share the cost of economic development with the Chamber of Commerce. Along the same line, the IDA met two weeks ago with Uniland Development Company at their offices to pursue input from commercial development companies. Suggestions were faxed over this afternoon and will be referred to in the Pubic Hearing for the Zoning Law and Zoning Map.

Motion by Councilman McPherson, seconded by Councilman Weiss to authorize the Supervisor to execute the contract between the Town of Clarence and CSEA Blue Collar Bargaining Unit. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to set a Bid Date of February 9, 2005 at 10:00 A.M. for the purchase of a new Senior Center Van. The Bid Documents will be available at the Town Clerk and Highway offices. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Councilman McPherson reminded everyone with sidewalks in front of their property to keep them clean. We will be sending out a reminder notice to property owners.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Public Hearing for February 9, 2005 at 7:50 P.M. to consider adoption of a Local Law amending Chapter 143, Town Property and Facilities, Section 143-1.1. A.; and to consider an amendment of the Town Park Application to include a non-refundable Pavilion Use Fee. A copy of the proposed Local Law and the revised application will be available in the Office of the Town Clerk for review. On the question, Councilman Weiss said the purpose of the proposed changes is to offset the rising costs of maintaining our park facilities. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to appoint Anthony Haas as Deputy Chief Security Officer at the budgeted rate of pay, effective January 29, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Public Hearing for February 9, 2005 at 7:45 P.M. to consider the purchase of a parcel of vacant land approximately 16 +/- acres located on Goodrich Road in the Town of Clarence, Erie County, New York at a purchase price on to exceed $400,000, plus any closing costs and disbursements. Funds to be allocated from the Open Space Bond Resolution and Recreation Fees if any portion of said vacant land is to be used for recreation purposes. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to initiate the process to fill the Building Inspector position as provided in the 2005 Budget. He asks the Supervisor to make a request for the list of eligible candidates from Erie County Civil Service. On the question, Councilman Weiss said this will allow commercial projects to be handled and keep us up on the fire inspections. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to promote Timothy Lavocat, P.E. to Assistant Town Engineer effective immediately. On the question, Councilman Weiss said Mr. Lavocat has met all of the requirements. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Councilman Kolber said we accept the resignation of Richard Milewicz from the Board of Assessment Review. We thank him for his many years of service and he will be missed.

Councilman Kolber announced the opening on the Board of Assessment Review and anyone interested can obtain an application from the Town Clerk or Supervisor’s offices.

Councilman Kolber is scheduling the second annual resident’s forum for February 28, 2005. It was well attended last year and we received some interesting input. It is a chance for residents to come and speak on any subject they feel is important to our Town.

Town Clerk Nancy Metzger received the Erie County Sheriff’s 2003 Annual Report including the S.H.I.E.L.D. Plan and the results of the “Police Integrity Survey”. This comprehensive document describes the Erie County Sheriff’s Office law enforcement efforts involving their personnel in various projects, programs and daily responsibilities.

Department Reports

James Callahan, Director of Community Development reported on the progress of the land use subjects while under the moratorium.

Zoning Law and Zoning Map – Planning and Zoning has made several adjustments based on public input and finalized Draft 6, which is the subject of a public hearing tonight.

Subdivision Law – Planning and Zoning has completed the second draft. Planning Board scheduled a work session for January 26, 2005 at 7:00 P.M. to review this document. MRC is initiating the SEQRA review of the proposal.

Adequate Public Facilities Law – Consultant is working on preparing a draft law based upon comments received in the November meeting.

Tree Law/Landscape Law Updates – Planning Board is also reviewing at their meeting next week.

Parks and Recreation Master Plan – Wendel Duchsherer is proceeding and has created an inventory database, which is being modified to allow the Parks Department to have a digital inventory.

In regard to Public Participation, no one spoke.

A Public Hearing was held to consider adoption of a Local Law amending Chapter 229 Zoning Law and Zoning Map.

James Callahan said this law was prepared in conformance with Master Plan 2015. There are two distinct Agricultural Zones identified. One basically follows the existing Flood Zone Regulations. The second is Rural Residential, which increases lot size from 100 ft. frontage to 150 ft. frontage on a 1.33-acre lot.

The Residential B classification is eliminated. The proposed Residential Zone will have two distinct categories, sewered and non-sewered.

The PURD District is repealed. Open space design or a cluster section is created to encourage preservation and a mix of housing types.

They have expanded Commercial and Industrial areas where there are no conflicts with existing or proposed residential projects.

Traditional Neighborhood Districts in existing service nodes or hamlets to preserve the existing mixed uses in keeping with the character of these areas. They try to encourage adaptive reuse of existing structures in these areas.

James Callahan said there were two major changes made since the last public hearing. The provision for lot coverage in the Residential Zone is a maximum of 13% for a 2-story home and 18% for a one-story home. Also, the site plan review section was improved to better match the existing process for commercial project review.

Speaking to the subject:

Andy Hunt, site applicant for the proposed Walgreen’s project at Transit and County Roads said they have received comments on how their design will fit into the neighborhood. They support the Traditional Neighborhood District (TND) zoning and understand the objectives. However, they would like to suggest a modification to the southern boundary of the district in the Swormville area. They have met with the Planning Board several times and have made substantial changes in their elevations. They have shifted the building as close to the corner as possible still allowing for parking in front of the building. They have also considered a masonry wall between the sidewalk and parking lot. They intend to retain a substantial amount of greenspace on the site.

The only restriction they cannot comply with is the parking in the TND. They believe that perhaps the TND is inconsistent with the subject intersection. It is at a multi-lane thoroughfare. The area may better serve as a transitional area to the TND. They feel they have a good design and thank the Town Board for their consideration.

James Blum, 5509 Martha’s Vineyard said he believes this law needs to be passed. With all due respect, he believes it has taken too long and does not want to see other laws take as long. All of the laws will work together. The Zoning Law is a very complex law. He has the utmost respect for the Zoning and Planning Department, the Planning Board and Town Board for the open and cooperative way this law has been done. He appreciates all of the public hearings that were held and the opportunity for public input. The bottom line of all of the details is what we would like the Town to look like in years to come.

Mr. Blum believes that the Town Board should have final approval on everything in this law, including incentive lot sizes and final concept plans.

He believes that all special exceptions to zoning law dimensional specifications should require a four-vote supermajority of the Town Board as we require for Special Exception Use Permits. We would like some assurance that what is in this law is not easily modified for individual cases.

Mr. Blum said the proposed law allows for a display of a vehicle for sale in front of a residential property with a 3-month time limit for each of up to four vehicles per year. He thinks there should be more control and oversight in this area.

Mr. Blum feels that a 35 ft. building height in the Traditional Neighborhood District (TND) is appropriate. He does not mind seeing one building, such as in Clarence Center, but does not want to see a 40 ft. high strip mall in a TND.

Mr. Blum said the Zoning Law update will become a very significant milestone for the Town.

Brian Cook, Uniland Development Company applauds the Town’s efforts in updating the Zoning Law. They had a meeting with the Supervisor, IDA and the Chamber of Commerce to share how they see the document fits with the type of development that they do. They have submitted a document and would be available to discuss it in more detail.

Supervisor Hallock said she discussed the document briefly with the Director of Community Development and a lot of the items they identified have been addressed in the law. Mr. Cook said he believes there are a few things that could be modified to benefit the Town and the developers. Supervisor Hallock said the list will be made a part of the minutes.

Supervisor Hallock said she received a 4-page letter today from the Buffalo Niagara Builders Association. She read parts of their letter, which will also be part of the minutes, as follows: The Association advocates choice in housing, economic growth and quality of life in our community. Planning and managing growth are fundamental responsibilities of any local government and concerns over sprawl and implementing smart growth concepts should be strong priorities.

They define sprawl as uncontrolled, low-density, fragmented, automobile-dependent development that rapidly spreads on the fringes of existing communities, often consuming agricultural and environmentally sensitive lands. It is their opinion that sprawl is a term better applied to metro Atlanta, Dallas, Las Vegas and other communities growing rapidly in all directions. The town’s proximity to Amherst has influenced development and market trends. Whereas, Amherst, Cheektowaga, Lancaster and Clarence have all become desirable business addresses, it is no surprise that their employees have sought nearby neighborhoods where jobs can sleep at night.

Clayt Ertel said he had a few comments, with all due respect to the Planning Board and all the committees involved in working on the proposed Zoning Law. He believes that an area was neglected to get expertise opinions in regard to commercial and industrial development. He has been involved in the Chamber of Commerce and is currently the Co-Chairman of the Industrial Development Agency (IDA). He is also a licensed real estate broker.

A few weeks ago he arranged a meeting with Carl Montonte, President of Uniland, the Chamber of Commerce and the IDA to discuss what we could do in our Town to make it presentable and acceptable to quality developers to keep the balance of residential and commercial development. We are rapidly consuming the space we have designated. The expertise to help us zone the proper areas is available. They looked at our maps and our zoning and said we have a problem. There are areas that should be designated for business parks to enhance the Town and be in areas close to possible thruway access and where sewers could be brought.

Mr. Ertel believes that before we approve new zoning, we have to be able to also meet the needs of the developers. We have had a boom in residential development. We will be in deep trouble relying on support from only residential development.

James Callahan said the proposed document is the result of Master Plan 2015. We have had four public hearings on that plan since it was adopted in 2001. The Planning Board has worked incredibly hard and sought input from all aspects of the development community. They have identified and created a Master Plan and zoning update representing the goals of the people of the Town of Clarence. One of the principal goals was to protect existing and proposed residential areas, as well as, trying to enhance the existing commercial and industrial areas that would not have a negative impact on residential areas. Wherever possible, they have increased the depths and widths and created areas where they know this Town can support them. He could go point by point on the Uniland ideas, but it is certainly one of the goals of this document to encourage appropriate large-scale development where this Town can accommodate it.

Domenic Piestrak said he believes that there is a problem with the open space and the conflict it has created with open space and land coverage. It is common today to have homes with three-car garages, porches and overhangs. It forces neighborhoods to have smaller houses. He proposes that 13% coverage on a total amount of acreage, such as 13 acres out of 100 acres.

Kevin Curry, 4197 Heather Dr. thanked all the boards responsible for moving this law forward. (The tape recorder did not work.). He feels that the ordinance encourages sprawl and economic discrimination. He does not believe that sprawl exists, but the increase in lot sizes will increase sprawl. The lot coverage ratio is too restrictive. Density can be a good thing.

In regard to economic discrimination, the cost to build a house in this Town has increased to the point that Clarence is unaffordable except for the elite. Efforts to address this issue are not enough. Mr. Curry said the clusters are a good idea but are too restricted. Perhaps there could be a density bonus to allow builders and developers to provide a more affordable product.

Traditional Neighborhood Districts are a good idea, but he feels could also be expanded upon.

He believes that there are deficiencies in commercial projects. There are experts in the industry that would like to work with the Town. They have their own agendas, but could contribute their expertise. This document may not result in the desired ends. Those in the industry may have the ability to see more. They have created problems too that they are trying to resolve. He also does not believe that the general public is aware of the changes to the zoning map and how it will affect them.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

(New tape recorder working.)

Supervisor Hallock asked the Town Attorney if any of the comments were significant. Town Attorney Steven Bengart said there have been some very interesting comments made, but it is up to the Town Board to decide if there is enough to table the Public Hearing, schedule another one or close and not make a decision tonight. They could take into consideration what was provided.

Motion by Councilman Kolber, seconded by Councilman Weiss to table this because he has a number of concerns that he does not feel are fully addressed. It is a really good start and he agrees with Mr. Blum’s comments and some of the other comments on the density issue. His prime concern is that this document does not do enough to maintain the overall character of our Town by maintaining open spaces throughout the Town, and maintaining open road projects. It allows subdivisions to move forward without changing the overall way they are laid out.

James Callahan said this law is not about subdivisions. Councilman Kolber said there are things regarding lot sizes and setbacks. He wants to feel comfortable and move forward with a document that maintains the character of the Town. He does not want to have to change it down the road.

Town Attorney Steven Bengart said he does not think tabling the decision is appropriate. He may want to think about setting another hearing or sending it back to the Planning Board for further review based on the comments.

Councilman Kolber rescinded his motion to table.

Supervisor Hallock asked if he would like to send it back to the Planning Board, otherwise it is not going to change? You have to participate in that and offer some suggestion. Councilman Kolber said he has been on an ongoing basis.

Councilman Weiss said he knows everyone has worked very hard and as Jim Blum said, we are very close. He thinks it will take just a little more in the area of commercial. Councilman Bylewski is not here and he may have some input. He would like the Town Board to meet with the Planning Board to discuss some of the dangling parts. He does not have a comfort level yet.

Motion by Councilman Kolber, seconded by Councilman Weiss to refer the proposed Zoning Law and Zoning Map back to the Planning Board to review the comments made this evening. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Councilman McPherson said he does not know how much was missed on the tape. Town Clerk Nancy Metzger said the second half of Kevin Curry speaking only. Councilman McPherson said he may want to articulate what he said for the minutes.

A Public Hearing was held to consider adoption of a Local Law regarding the official establishment of the Municipal Review Committee.

With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to table a decision on a Local Law regarding the official establishment of the Municipal Review Committee. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for Colton RV to allow for recreational vehicle sales at Eastern Hills Mall.

James Callahan said the location is within the former Wacamaw Store in Eastern Hills Mall. The Master Plan identifies this area to remain in a commercial classification. Automotive sales require a Special Exception Use Permit under the Zoning Law. However, the Town Board has determined that a Temporary Conditional Permit is a preferred tool to allow such an operation within the mall complex on a temporary basis. The Planning Board has forwarded a recommendation to allow the Temporary Conditional Permit with the conditions as outlined by the Senior Building Inspector.

The Colton representative thanked the Town Board and others involved in this process and they look forward to being an upstanding business partner in the community.

Supervisor Hallock read the conditions and asked if he is in agreement with all of them. The Colton representative said they are aware and in agreement with the conditions.

Councilman Kolber said it will be an asset to have in the mall.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:

Resolved, that after a Public Hearing duly held on January 19, 2005, and after all interested parties being heard, the Clarence Town Board approves and grants to the applicant, Colton RV, a Temporary Conditional Permit with the conditions as outlined by Senior Building Inspector included as follows: 1. Maintain existing legal means of egress. 2. Provide the proper number of fire extinguishers per NFPA 10. 3. Batteries in all vehicles must be disconnected. 4. Propane tanks must be removed; propane is not permitted in the building. 5. Fuel tank amounts must not exceed one-quarter tank or 5 gallons, whichever is less. 6. Fuel tanks and openings are sealed to prevent tampering. 7. Transfer of fuel from vehicles is prohibited in the building. 8. A fire safety and evacuation plan must be designed per Chapter 4 of the fire code.

Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

JMF Properties requests Concept Plan Approval for development of a professional office building in the Major Arterial Zone at 6465 Transit Rd. James Callahan stated that the location is on Transit Road north of Old Post Road with an existing office building on 1.9 +/- acres in the Major Arterial and Commercial Zones. The Master Plan identifies the area in a Commercial classification. The applicant is proposing to construct a second building to the rear of the existing building.

Paul Schultz, Attorney said he is representing the applicant, Joseph Floss who is a member of the Planning Board. Several Town officials advised Mr. Floss, that because of his status, he would not be best served presenting this project himself. They believe this proposal is the best use of the property.

Motion by Supervisor Hallock, seconded by Councilman Kolber to refer the request for Concept Plan Approval for development of a professional office building in the Major Arterial Zone at 6465 Transit Rd. to the Planning Board. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Angelo Natale requests Concept Plan Approval for development of a professional office building and a Special Exception Use Permit for four residential units in a Commercial Zone at 9159 Main Street. The applicant was not available. Supervisor Hallock said she will return to this item if the applicant appears.

Culligan Auto Place requests a Building Permit and Architectural Approval for construction of a pole barn at 8139 Main Street. James Callahan said the location is the south side of Main Street, east of Transit Road to the rear of the existing automotive sales/service consisting of 10 +/- acres in the Commercial Zone. The Master Plan identifies this area to remain in a Commercial classification. Bob Lyons was present to represent the project.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant approval for a Building Permit and Architectural Approval for construction of a pole barn at 8139 Main Street. On the question, Councilman Kolber asked what the building will be used for. Mr. Lyons said it is to store the equipment used to clean snow and maintain the property. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Norm Castine requests Concept Plan Approval for development of a 4-Lot Open Development Area with frontage lots on Goodrich Rd., north of Martin Road. James Callahan said the property is located on the west side of Goodrich Road, north of Martin Road consisting of 43.36 acres in the Residential A Zone. The Master Plan identifies this area in an Agricultural Rural Residential classification. Norm Castine was present.

Motion by Councilman McPherson, seconded by Councilman Kolber to refer the request for Concept Plan Approval for development of a 4-Lot Open Development Area with frontage lots on Goodrich Rd., north of Martin Road to the Planning Board. On the question, Supervisor Hallock said she understands that there is a drainage ditch that goes through there that will have to be studied. Mr. Castine said he has talked to the engineer and he said it will be okay. Councilman Kolber asked if he is using the whole piece or breaking off land? Mr. Castine said there are actually five 5-acre lots. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Harris Hill Animal Hospital requests Concept Plan Approval for construction of a new veterinary office at 8470 Main Street. James Callahan said the property is located on the north side of Main Street, west of Harris Hill Road consisting of .6 +/- acres in the Commercial Zone. The Master Plan identifies the area in the Harris Hill Traditional Neighborhood District. The applicant proposes a new building and demolishing the existing building.

Phil Silvestri, Architect said they are proposing constructing the new building behind the existing building. They would like to operate in the old building until the new building is completed in about six months.

Motion by Councilman McPherson, seconded by Councilman Kolber to refer the request for construction of a new veterinary office at 8470 Main Street to the Planning Board. On the question, Supervisor Hallock wanted them to be aware that the location is within a Traditional Neighborhood District and there are some questions regarding the site plan. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Al Nemmer requests a Change-In-Use from storage warehouse to retail sales at 9393 Main Street. James Callahan said the location is the south side of Main Street behind Orazio’s


Restaurant located on 15+/- acres in the Commercial Zone. The Master Plan identifies this area to remain in a Commercial classification.

Phil Silvestri, Architect, Al Nemmer and Mr. Ingalsbee were present. Mr. Silvestri said the proposal is to relocate the business to occupy approximately 3,800 sq. ft. of retail and about 1,450 sq. ft. of warehouse space. It was previously used as an office. It will be used as retail for appliances.

Motion by Councilman McPherson, seconded by Supervisor Hallock to grant a Change-In-Use from storage warehouse to retail sales at 9393 Main Street per the representation by the owner. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Clarence Hollow Farmer’s Market requests a Temporary Conditional Permit for relocation of the Farmer’s Market to 10717 Main Street. James Callahan said the location is the south side of Main Street, between Sawmill and Academy in the newly completed public parking area. The Master Plan identifies the area in the Clarence Hollow Traditional Neighborhood District.

Motion by Supervisor Hallock, seconded by Councilman Kolber to set a Public Hearing for February 9, 2005 at 7:55 P.M. to consider the request for a Temporary Conditional Permit for relocation of the Farmer’s Market to 10717 Main Street. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the following: Clubhouse Applications: A. Holy Cross Lutheran Church – Jan. 29, 2005; B. Clarence Baseball Association – Feb. 5, Mar. 3, Apr. 27, 2005; C. Girl Scouts – Feb. 12, 2005; D. Clarence Welcome Wagon – Mar. 4 & June 8, 2005; E. Tim Pazda – March 28, 2005; E. Clarence Garden Club – April 20, May 21, 2005; F. Girl Scout Troop 810 – April 24, 2005; G. Clarence Log Cabin Quilters – May 25, 2005; and Legion Hall Applications: A. Sheridan Hill Elementary – Jan. 29, 2005; B. Diane Carr – Feb. 2, 2005; C. Ken Loewer – Feb. 6, 2005; D. Dan DiPirro – March 12, 2005; E. Harris Hill Mother’s Club – March 13, 2005; F. Carin Mulvey – April 9, 2005; G. Clarence Center Community Association – April 12, 2005; H. Patricia Burkard – April 23, 2005; I. Clarence Wrestling Club – April 29, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of January 13, 2005 are approved for payment: General Fund - $128,147.40; Highway Fund - $56,706.70; Water District - $33,000.71; Lighting Districts - $1,098.36; Sewer Districts - $144.62; Capital Fund - $55,095.00 and Trust and Agency 203 - $647.94 for a total amount of $274,840.73. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Scott Bylewski. Motion carried.

“For the Good of the Town”

Tim Pazda, Country Club Drive said he is a member of the Planning Board, however, his comments are his personal comments and not that of the entire Planning Board. In regard to the proposed Zoning Law, he respectfully asks all of the esteemed speakers who were basically in favor of slowing down the process, where were they during this lengthy process and why this 11 th hour delay? He realizes the importance of this law for the future of our Town, but why didn’t the so-called experts more closely follow the process all along, as did the members of the Planning Board who have worked so hard to move it along with the self established dead line given the moratorium. He hopes that if they are unable to complete the review of all the proposed laws, the last six months extension of the moratorium be granted without question.

James Hartz, Asst. Director of Community Development said he just wanted to make an observation on the Public Hearing for the Zoning Law, five out of the six speakers represent development interests. The process has been open. It is a little disturbing to have them come in at the last minute and throw grenades on the process. They are always open to comments and he is always willing to listen and discuss the issues. It is a little disheartening to hear these comments at the last minute, but he looks forward to working with them through these issues.

Councilman Weiss said a good idea is still a good idea at the 11 th hour. Councilman McPherson said that is the purpose of a public hearing. Supervisor Hallock said it has been a very open process all along.

There being no further business, Supervisor Hallock adjourned the meeting at 9:00 P.M.

Nancy C. Metzger

Town Clerk