01/21/04


A Work Session of the Clarence Town Board was held January 21, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:32 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Bernard Kolber and Joseph Weiss. Other Town Officials present were Town Engineer Joseph Latona, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Director of Community Development James Callahan, Senior Building Inspector David Metzger and Confidential Secretary to the Supervisor Karen Jurek.

Director of Community Development – James Callahan
Review of formal agenda items

Falletta’s Restaurant 8285 Clarence Center Road
A Public Hearing is scheduled for 7:45 P.M. to consider the request for an amendment to the existing Temporary Conditional Permit to add a banquet room to the existing restaurant at 8255 Clarence Center Road.

There is no formal recommendation from the Planning Board, they tabled this request until the applicant can get his drawings in and the project can be adequately reviewed. The Public Hearing however has been scheduled and the Town Board can listen to the concerns of the public.

Arup Sen 9141 Main Street
A Public Hearing is scheduled for 7:50 P.M. to consider the request for a Special Exception Use Permit for residential apartments in the Commercial Zone at 9141 Main Street. The applicant is seeking to convert the existing office building to residential apartments. Per the Commercial Zone, a Special Exception Use Permit is required for multiple-family residential housing. Adequate parking exists on the property.

Kevin Aiken 6305 Transit Road
A Public Hearing is scheduled for 8:10 P.M. to consider revocation of existing Temporary Conditional Permit for a concrete business in the Agricultural and Major Arterial zones at 6305 Transit Road. Director of Community Development James Callahan stated that the Landscape Committee has signed off on the berm. No equipment is being stored where it should not be. The unlicensed vehicle has been removed. There is an unlicensed vehicle on the adjoining property, and the owner of that vehicle has been sited. The Town has received no complaints regarding hours of operation. Nothing is out of compliance at this time. Mr. Aiken’s property is in an agricultural zone, and people are allowed to have fire wood and farm vehicles. The property is in much better condition than it was one year ago; the applicant has met all requirements.

Kevin Curry – Patrick Homes Waterford Estates
Applicant is requesting approval to place a temporary construction/sales trailer on the project site on a future residential lot along dedicated town road frontage. A time limit of one year or until the model home is completed which ever comes first has been past practice. The trailer will be placed at the Thompson Road entrance to the Waterford Estates.

Brian Sayers – The Tree Doctor 4756 Shisler Road
Applicant asked to be removed from the agenda he was unable to attend the meeting and will reschedule.

Rick Smith – Pizza Inn 6235 Goodrich Road
Applicant is proposing to convert an existing warehouse building to a pizza shop including restaurant seating and construction of additional parking. The proposed site contains adequate green space. Proposed parking is adequate to accommodate the Change-in-Use as designed. Referral to the Landscape Committee and Town Engineer will assure landscaping and drainage is designed to minimum standards.


11Tae Kwon Do School 5921 Transit Road
Applicant is seeking to construct a 10,000 square foot building for use as a Tae Kwon Do School. The proposed four acre site is zoned Major Arterial along the front and Agriculture to the rear. The property currently contains a single-family residential home which will be demolished.

Councilman Bylewski firm represents the applicant; therefore, he will be recusing himself from voting on this project.


Sal Oddo 6399 Transit Road
Applicant is requesting approval to construct an addition to the existing salon as well as add a residential living unit to the rear of the addition.

James Bammer Hummer-Buffalo Dealership 5411 Transit Road
Applicant requests a Special Exception Use Permit and Concept Plan Approval for construction of a new automobile sales/service facility in the Major Arterial Zone. The applicant is presenting a unique building design which will include a track in the rear to test drive hummer vehicles.

Donald Aubrecht – Holy Cross Lutheran Church 8900 Sheridan Drive
Applicant requests Concept Plan Approval for construction of additions and associated parking to the existing church facility in the Commercial Zone.

Fox Trace East Subdivision
Applicant requests a Public Hearing to consider rezoning property from Agricultural to Residential A to accommodate a proposed single-family housing development.


Heise Brookhaven Sewer Trunk – Town Engineer Joseph Latona
Town Engineer Latona stated that the NY State Department of Environmental Conservation suggests considering that the Heise-Brookhaven sewer line be increased to a 15” line from the originally designed 12” line for additional capacity. The contractor charged by the Heise-Brookhaven Sewage Works Corporation with construction of the line has inquired as to whether the Town wants the line size increased. A very rough estimate of cost for the increased pipe size would be approximately $120,000. There is approximately 12,000 lineal feet of sanitary sewer.

Initially, the NYS DEC did not want to promote any type of sprawl relative to the east and would not allow any larger piping. At the last minute in September, the DEC came up with this suggestion.

If the larger lines were approved, the town would pick up the ability to service an additional 600 units. The sites of those additional units is undecided. In discussions with Director of Community Development James Callahan, the Master Plan is not conducive to 600 additional units. Mr. Callahan explained that the area surrounding “the Hollow” is identified as a low density residential area.

Mr. Latona further explained that “the $120,000 would have to be charged to someone. It is undecided at this point what the structure would be to charge that to someone and who that someone would be.” The people in the Hollow area would not gain any benefit from a 15” line, it would be future users. Municipal Finance requires the benefited parties to pay.

Heise-Brookhaven Corporation is requesting an answer relative to ordering the pipe because they are going to start laying the sewer lines. They have a deadline to get the sewer out.

Councilman Bylewski stated that the memorandum from NYSDEC states “The Town of Clarence and the Heise Brookhaven Sewer Works Corporation” should consider constructing a 15” trunk sewer upstream.” Councilman Bylewski asked why the town should consider this and did the DEC ever explain why. Town Engineer Latona stated that the DEC has not explained why the town should install 15” lines however; he is surmising that the only reason would be for additional capacity.

Town Engineer Latona stated that he has met with Town Attorney Steve Bengart, Dan Tirone and James Callahan and could not come up with a methodology of financing this. In addition to this, the 12” pipe was included in the SEQRA subsequent to that, the request has now come up to make it a 15” pipe. That includes a SEQRA impact. Town Engineer Latona called the DEC back and asked about the environmental impact. The DEC stated that the town has Lead Agency in this project. If the Town of Clarence chooses to install the 15” pipe and does not solicit comments, the DEC will not say anything. Mr. Latona is not comfortable with this. This also would not conform to the Master Plan.

The Heise-Brookhaven Sewer Corporation would like to order the pipe and begin laying the sewer lines. This would take additional studies which could delay the project.

Town Engineer Latona drafted a resolution directing the Heise Brookhaven Sewer Corporation to install the Heise Brookhaven Trunk Sewer with 12” diameter as designed. Unresolved financial structure, environmental concerns and possible lack of compatibility with the Master Plan are the basis of the above direction.

Supervisor Kathleen Hallock
A Work Session is scheduled for February 4, 2004 at 9:00 A.M. TVG will be in attendance to discuss mapping/aerial photographs program.

Supervisor Hallock will make a motion for transfers in General Fund for the years 2003 and 2004.

Interim Health Care is a temporary health care agency that has previously used our town hall to interview area residents. They are again requesting approval to use the foyer on February 17, 2004 from 9:00 A.M. to 2:00 P.M. The Town Board was in agreement with this. Supervisor Hallock will notify them that this is okay.

Supervisor Hallock has received a letter from Justice Robert Sillars indicating that Court Clerk Marilyn Taton has fulfilled her probationary requirements and that her status should be full time permanent effective January 24, 2004. Further, Mrs. Taton should be paid at the 2004 budgeted rate.

Town Clerk Nancy Metzger is recommending that part-time clerk Gayle Brace be appointed regular part time. Gayle Brace has worked regularly in the Town Clerk’s office since 2001. If someone is a regular part time (works regular hours) and takes a Civil Service test, past practice in the town is to allow them a premium pay rate. Gayle has worked for the town since 1993, she has just been notified that she passed her Civil Service test receiving a 95.

Empire State Development Corporation will use the auditorium on February 4, 2004 from 1:00 P.M. – 2:00 P.M. for a public hearing for Dynabrade.

Supervisor Hallock will make a motion to add Deputy Supervisor to the list of bonded/insured employees of the Town.

Supervisor Hallock will make a motion to appoint Richard Baran as Security Officer PT at the budgeted rate of pay effective 1/15/2004.

Civil Engineer Tim Lavocat would like to purchase some engineering technical books but the two companies he is dealing with will only accept prepayment or a credit card charge. The town does not prepay for items not received. Supervisor Hallock inquired as to whether the town board would consider having Tim charge the books on his own credit card and then reimburse him when the items/bills are received? This has also come up in the Supervisor’s office, when her office wanted to order Nextel equipment at a discount of approximately 40% from a company in Florida. Supervisor Hallock could put the items on her charge and be reimbursed. If we allow items to be purchased in this manner, we should approve them on a case-by-case basis and only if items are budgeted.

Councilman Kolber is liaison to the Parks Department and will make a motion to approve Clubhouse and Legion Hall applications.

Supervisor Hallock will close the meeting in memory of Louis Kelkenberg, former Highway Department employee and Grayce Floss.

Supervisor Hallock has two items to discuss in Executive Session.

Town Attorney Steven Bengart
At the October 22, 2003 Town Board meeting, the Town Board made a motion granting authorization for the Northern Erie County Sno-Seekers Snowmobile Club use of the right-of-way along the bike path from Salt Road to Davison Road. They wanted the Town Board to be aware that they will be using the parking lot at Salt Road and Main Street to park their trucks, unload their snowmobiles and drive them to the path. At the Work Session on November 19, 2003 Town Attorney Friedman said he would contact Erie County Sno-Seekers about signing an agreement to provide property damage insurance for any damages done to the parking lot.

Town Attorney Bengart stated that the Erie County Sno-Seekers do not wish to sign an agreement nor will they provide the additional insurance. Town Attorney Bengart stated that he just received this today and has not had time to research it.

Town Engineer Latona stated that snowmobiles are not allowed on the bike path because they tear up the blacktop. The parking area is also blacktop and can be damaged in the same manner. There is the ability for damage to be done. If damage does occur, the town should not allow them to use the parking area next year.

Town Attorney Bengart asked if the Town Board wanted him to research this further and see if the town can regulate public parking lots and what the requirements are. There are only a couple more months of winter left.

The consensus of the Town Board was to allow Erie County Sno-Seekers use of the parking lot for the rest of the season. If there is damage, the Town Board will address it when the request comes up.

Town Attorney Bengart has two items to discuss in Executive Session, 105 (1) D pending litigation and 105 (1) H acquisition of real property.

Councilman Ian McPherson
Councilman McPherson has the resolution regarding the Heise-Brookhaven Sewage Works Corporation.

The Sidewalk Snow Removal task force will meet on February 9, 2004 at 7:00 P.M. The public is invited.

Councilman McPherson will announce lighting plans.

Councilman McPherson received information from Troy Banks regarding an energy audit. Our last energy audit expired on September 1, 2001. There is no cost to the town and they get 50% of anything they save. Councilman McPherson will make a motion subject to the Town Attorney’s approval and the Supervisor signing the contract.

The Town received correspondence today that we are going to receive $300,000. in multi modal monies for the extension of Bryant Stratton Way.


Councilman Scott Bylewski
Councilman Bylewski will announce the Annual Central Fire Alarm Report.

Councilman Bylewski will make a motion for various members of the Planning Department Board and the Municipal Review Committee to attend a conference.

Councilman Bylewski is interested on working on an infrastructure ordinance and public facilities law. He has asked the Planning Department to come up with a RFQ. Councilman Bylewski will make a motion to send out this request and to appoint Director of Community Development James Callahan, Supervisor Hallock and himself as the selection committee to review the qualifications that come in. The deadline to receive the RFQ is February 25, 2004.

The Public Facilities Infrastructure Ordinance would be tied into the Capital Improvement Budget.

Councilman Joseph Weiss
Councilman Weiss has a resolution authorizing payment of Change Order #5 for Northeast Mechanical for the board room lighting.

Councilman Weiss has a resolution to maintain our key people in the areas of Zoning and Engineering. Mr. Weiss is proposing that the Director of Community Development, Assistant Director of Community Development and Town Engineer positions go to a two year term. A Public Hearing will be set.

Councilman Weiss will announce a public informational meeting for the replacement of two bridges on Lapp Road. The meeting is scheduled for January 27, 2004 at 6:30 P.M. at the Clarence Public Library.

Councilman Bernard Kolber
Councilman Kolber will announce that the Clarence Historical Society is celebrating their 50th anniversary this January. They will start working on the Town’s Sesquicentennial.


Councilman Kolber is organizing a public meeting open to the residents. There will be no agenda; the meeting will be open to comments and concerns from town residents. A tentative meeting date is scheduled for February 23, 2004.

Town Attorney Bengart has some changes to the proposed Local Law for Residency Requirement for Town Employees.

Town Attorney Bengart suggested tabling the amendments to the Zoning Code of the Town of Clarence dealing with Conservation Areas. The amendments may already be covered under the Conservation Easement Law .

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) h of the Open Meetings Law to discuss the proposed acquisition of real property, § 105 (1) f employment history of an individual and § 105 (1) d pending litigation. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:40 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:50 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action was taken.



Regular meeting of the Town Board of the Town of Clarence was held Wednesday, January 21, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:53 P.M. Pledge to the flag was led by Councilman Ian McPherson, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Building Inspector David Metzger, Planning Board Chairman Patricia Powers and Municipal Review Committee Chairman Philip Sgamma.

Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of the previous meeting held January 7, 2004 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held January 8, 2004 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the transfer of $7,900 in the 2003 Budget General Fund from A1680.434 Computer Professional services to A1680.220 Computer Equipment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the transfer of funds in the 2004 Budget in the amount of $2,500 from A1990 Contingency to A1954 for the Employee Assistance Program. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
Whereas, the Deputy Supervisor acts on behalf of the Supervisor in his or her absence, and
Whereas, the Deputy Supervisor when acting on behalf of the Supervisor assumes his or her duties and responsibilities,
Now Therefore Be It Resolved, that the Deputy Supervisor will be added to the list of the bonded and insured employees of the Town of Clarence in the amount of $1,000,000 effective January 21, 2004.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to appoint Richard C. Baran of 14784 Carney Road, Akron as Security Officer Part-time at the budgeted rate of pay effective 1/15/04. On the question, Supervisor Hallock said retired Deputy Baran filled in for us last week when we were unable to find a substitute. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson that upon recommendation of Town Clerk Nancy Metzger, approval was granted for Clerk Part-time Gayle Brace to be paid at an hourly rate of $12.00 effective January 31, 2004. On the question, Councilman McPherson asked what the previous rate was. It was $9.81per hour. Supervisor Hallock added that this individual passed a Civil Service Test that is applicable to the duties in the Town Clerk’s Office and has worked for the Town since 1993. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant approval for Town Attorney Steven Bengart to attend the Annual Association of Towns Meeting February 15 – 18, 2004 in New York City. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski that upon recommendation of Town Justice Robert Sillars, Court Clerk Marilyn Taton has fulfilled her probationary requirements and her status is full time permanent, effective January 24, 2004 at the 2004 budgeted rate of pay. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to hire Fox & Company to perform a comprehensive 6-year capital improvement plan per their proposal, subject to review by the Town Attorney at a cost not to exceed $9,800. On the question, Councilman Bylewski brought up the concern of a possible conflict of interest due to the fact that they also do the auditing. It is his understanding that it is not. Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Supervisor Hallock announced that we received a grant check today from Erie County for the telephone lines at the Library. The lines were installed for the Motor Vehicle Department and Erie County Legislator Mike Ranzenhofer was responsible for securing the grant.

Councilman McPherson said when the Heise-Brookhaven project was created, the capacity for the trunk line and the residents to be served called for a 12-inch line. That was the focus for the SEQR and environmental review. The 12-inch line is on the plan, is a part of our Master Sewer Plan, which is a part of our Master Plan. In September, subsequent to the Town of Amherst’s request for additional capacity, and stating that they had additional capacity, the DEC indicated in a letter to the Town that the Town of Clarence and the Heise-Brookhaven Sewage Works Corporation should consider installing a 15-inch sewer line instead of the 12-inch. Upon discussion, it was felt that it should have been discussed at the early planning stages. Town Engineer Latona explained in the Work Session that by installing a 15-inch line, it would increase the capacity by 600 equivalent dwelling units and it may be in contrast to the Master Plan. The Sewage Works Corporation is ready to order the pipe and needs an answer right away. The consensus is that it does not make sense to do right now.
Motion by Councilman McPherson, seconded by Supervisor Hallock to direct the Heise-Brookhaven Sewage Works Corporation to install the Heise-Brookhaven Trunk sewer at the 12-inch diameter as designed. On the question, Councilman McPherson said the unresolved financial structure, environmental concerns and possible lack of compatibility with the Town Master Plan are the basis for this action. He added that we may be criticized in the future for something we could have done, but the reversal by the DEC at this late stage is not enough to make this happen. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said the Sidewalk Snow Removal Task Force will hold its initial meeting on Monday, February 9, 2004 in the Town Board Room at Town Hall. The public is welcome.

Councilman McPherson said the Town has periodically engaged in energy audits to try and save tax dollars on our energy costs. We received a proposal from Troy & Banks. They would be paid 50% of any savings realized for the Town. Our last energy audit expired in September 2001.
Motion by Councilman McPherson, seconded by Councilman Bylewski to authorize the Supervisor to enter into a contract with Troy & Banks for an energy audit, subject to review by the Town Attorney. On the question, Councilman Kolber asked if the savings is over the course of one year? Councilman McPherson said if they save a certain amount in one year, chances of saving that the next year is slim. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said he attended the School and Municipal Energy Cooperative (SMEC) meeting. They have realized an increase in their business over the first five years. Their average savings for municipalities ranges from 5% to 20%. The highlight of the meeting was that because of their financial position, they might be able to offer balanced billing.

Councilman McPherson announced the following events for the Chamber of Commerce:
Thursday, January 22nd – the Annual Awards Banquet at Samuel’s Grande Manor at 6:00 P.M. to honor Donald Stiglmeier as Citizen of the Year; Jubilee Foods as Business of the Year; and Clarence Hollow Association as Organization of the Year.
2nd Thursday every month – Casual breakfast at the Harris Hill Diner from 7:30 A.M. to 8:30 A.M. Everyone is welcome.
2nd Tuesday every month – Business Executive Roundtable at the Protocol Restaurant at 12:00 Noon. Various topics are discussed and speakers invited.

Councilman Bylewski stated that the narrative to the Central Fire Alarm Annual Report was received and is on file in the Town Clerk’s Office.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant permission for the following to attend a training session sponsored by the WNY Chapter of the American Planning Association to be held at the Pepsi Center January 21, 2004 at the cost of $20 per person: James Callahan, Director of Community Development; James Hartz, Asst. Director of Community Development; Patricia Powers, Planning Board Chairman; Reas Graber, Planning Board member; Phillip Sgamma, Municipal Review Committee (MRC) Chairman; Paul Shear, Rich McNamara and John Moulin, MRC members. The session is on Context Sensitive Street Design and Smart Growth Codes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to send out a Request for Qualifications, authorize the Planning Department to issue the Request for Qualifications, and appoint James Callahan, Supervisor Hallock and Councilman Bylewski to review said qualifications with a deadline for qualifications to be received by Wednesday, February 25, 2004 for the development of an adequate public facilities law. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize payment of Change Order No. 5 to Northeast Mechanical, Inc. for lighting in the Board Room at a cost of $1,111 to be paid from the Project 74 account. This is for a light installed in error by the contractor. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Public Hearing for February 11, 2004 at 7:50 P.M. to consider a Local Law setting a two-year term for the positions of Director of Community Development and Assistant Director of Community Development. Councilman Weiss said we do not want to lose our key people during the upcoming crucial years. They should have a better degree of security for themselves and their families. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that the Highway Department is reminding people to clear hydrants near their homes if they have not been done. The Town has put out markers at an expense and they urge people to keep them open for their own safety, as well as their neighbors.
Also, the Highway Department reminds everyone it is illegal to plow or blow snow onto public highways.

Councilman Weiss received notice from Legislator Michael Ranzenhofer notifying the public of a meeting on Tuesday, January 27, 2004 at 6:30 P.M. at the Clarence Public Library to solicit comments and concerns regarding the replacement of two bridges on Lapp Road. Erie County Department of Public Works representatives will be present
Councilman Kolber announced that January 2004 is the 50th Anniversary of the Historical Society of Clarence. They were founded in 1954 as they were preparing for the Town’s sesquicentennial. They are still going strong and he thanked them for their efforts.

Councilman Kolber said the library has been experiencing “uninvited water” problems. The Town Engineer said it is being taken care of.

Councilman Kolber announced the tentative date of Monday, February 23rd to hold a public meeting to hear the resident’s comments and concerns. We will have more announcements going forward.

Public Participation
James Blum, 5509 Martha’s Vineyard spoke regarding item #23, a request for rezoning for Fox Trace East Subdivision. He believes this item should be tabled until the following items are completely resolved to the satisfaction of the Town Board: 1. No rezoning action until the Town Board is satisfied with a conceptual plan utilizing the proposed rezoning that can be accomplished on the site. The Planning Board did not accept the most recent concept proposal. 2. The impact of the revised zoning law should be considered. Given that we are so close to implementation, we should make sure that the proposal meets the expected new law. Maybe the Board should pass a moratorium on rezoning changes until the applicable section of the law is passed. 3. Issues including environmental and sewer capacities should be completely resolved so the Town Board can approve a concept without being subject to significant and less desirable revisions later.
M. Blum believes that all project issues should be resolved before there is any Town Board action. They should not be approving gambles or speculation that significant unresolved issues should work out.

A Public Hearing was held to consider the request for an amendment to the existing Temporary Conditional Permit to add a banquet room to the existing restaurant at 8255 Clarence Center Road. Supervisor Hallock said we are holding this hearing tonight, however, there will not be a vote on the request because the Planning Board did not have all of the information to make a recommendation.
James Callahan said the restaurant is located on 1.3 acres in the Agricultural Zone. The Master Plan identifies this area in a residential classification. The existing restaurant operates under a Temporary Conditional Permit first approved in 1999. The applicant is seeking to modify the permit to include an addition and some outdoor receptions. The plan includes extending the parking to the south.
Speaking to the subject:
Charles Wickenhiser, 8310 Clarnew Drive said he had good neighbors with Lyons, but now there is a lot of noise and people pulling trees out on Saturdays and Sundays. Some people do not think the law pertains to them. Mr. Wickenhiser presented pictures of the water problems from the creek. It has continually gotten worse over the last 27 years. This project would take more of the land that is trying to absorb the water and make it even worse. They have put up with this for 27 years and the Town has done nothing about it. Sump pumps run every two minutes and in one case they had to fill in the basement because of 4 ft. of water. Mr. Wickenhiser said the additional parking lot is almost built already. The lights shine right into his backyard.
Betsy Jones, 8314 Clarnew Dr. said her sump pump runs often. She moved here to an area that is agricultural. The Farm Bureau is opposed to this, as well as Horse Lovers of Clarence. The impact of the noise, drinking, smoking, lights, etc. will be on the owners and those who go to Legacy to enjoy recreation.
Tom Czerwinski, 8309 Clarnew Dr. said in addition to what has been mentioned, there are two unlicensed vehicles behind the barn. The dumpsters are also behind the barn and he hears the slamming at 5:30 A.M. The bright lights shine into his home. This is not the proper location.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson to close the Public Hearing. On the question, Councilman Kolber asked if the hearing could remain open? James Callahan said they sent notices regarding the Planning Board meeting and this Public Hearing. The Planning Board did not take any action due to insufficient information. They will schedule an additional meeting notifying all residents within 500 ft. per our policy. Councilman Kolber was concerned that the public be allowed to speak when this item is formally addressed. Councilman Bylewski said although it is not done on a regular basis, he feels we could ask the audience if there were any additional concerns that have not been brought up. Councilman Bylewski said the Town recently passed Right-to-Farm Legislation, which takes the agricultural aspects into consideration when a project is proposed. Supervisor Hallock said she received a phone call today about the concern of the addition on the horses. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for residential apartments in the Commercial zone at 9141 Main Street. James Callahan said the location is the south side of Main Street, west of Thompson Road consisting of approximately one acre in the Commercial Zone. The Master Plan refers to this area as commercial. The applicant requests conversion of offices to apartments.
With no one speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Councilman Bylewski to table action on the request for a Special Exception Use Permit for residential apartments in the Commercial zone at 9141 Main Street until the applicant is available. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law for Residency Requirements for Town employees. Supervisor Hallock said this is a request from Personnel Commissioner Greenan that towns adopt a preference or residency law. Town Attorney Steven Bengart added that the request is for protection to the Town to be able to hire town residents first under civil service requirements. We are able to control it by adopting a local law versus a preference. Mr. Bengart feels additional language should be added to set details or conditions to allow for a waiver from the provisions. He would add “and pursuant to the Town Policy Manual” to Section 4.
With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski said he has no problem adopting the law and amending it at a later date with specific criteria.
Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
Be It Hereby Enacted by the Clarence Town Board to amend the Code of the Town of Clarence by adopting Local Law No. 1 of the year 2004, Residency Requirements, effective upon filing with the Secretary of State with the change to Section 4 at the end “and pursuant to the Town of Clarence Town Policy Manual.”
Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider amendments to the Zoning Code of the Town of Clarence to deal with Conservation Areas. Town Attorney Steven Bengart recommended tabling this item until he can look into it further. We may already have this law on the books. He also believes it needs some “teeth” added to it. Mr. Bengart said the idea behind the conservancy areas is to create buffers between residential or commercial areas to keep them forever in their natural character. The problem is people are encroaching on these areas by cutting trees down or putting accessory buildings on them. We need to protect these areas. More work should go into this law before it is passed.
Councilman Bylewski said this amendment was to amend the Zoning Regulations to deal with the preservation of these areas. Clarification should be done as to whether we need this law for prohibitive uses or is there a difference between conservation areas and conservation easements.
Councilman McPherson said another area to be addressed is that the conservation areas are supposed to be taken care by the homeowners associations. We need to know what their obligations and responsibilities are in conjunction with our Town ordinances and laws.
James Blum, 5509 Martha’s Vineyard said as resident tree-hugger in the Town, he would like to see the Town do something. The conservation easements should show on surveys. Councilman McPherson said there is a conservation area delineated in one of our planned unit residential developments. The line goes through the entire property and is shown on every single parcel. It says that you shall not disturb this area in any way. At least 1/3 of that area has pools, cabanas, lawns, etc. and that is the problem we are facing. It is too broad of a spectrum to address the way we have it now.
Councilman Kolber said there are pins in the ground labeling it and no one is enforcing it.
With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Councilman Kolber to refer the matter to consider amendments to the Zoning Code of the Town of Clarence to deal with Conservation Areas to the Town Attorney, Planning Department and Planning Board to affect some of the recommendations Mr. Bengart articulated and encompass all of the issues. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider revocation of existing Temporary Conditional Permit for a concrete business in the Agricultural and Major Arterial Zones at 6305 Transit Road. James Callahan said the property is on the east side of Transit Road, north of the Peanut Line consisting of 35 +/- acres. The Master Plan identifies the area frontage to remain in a Commercial classification and the rear in a rural residential classification. A Temporary Conditional Permit was approved September 10, 2003 with a general summary of conditions as follows: indoor storage and covered storage to the north of existing building; hours of operation 7:00 A.M. to 9:00 P.M. with a two-hour window in the morning and evening and no Sundays or Holidays; no other contractors on the premises; berms and plantings to the satisfaction of the Landscape Committee; and loader to be used offsite after initial site preparation; and no open burning on the property.
Peter Sorgi, Renaldo and Palumbo was present representing Kevin Aiken. Kevin Aiken was also present. Mr. Sorgi asked what precisely the allegations against Mr. Aiken are? He felt it was unusual to be here on an enforcement issue rather than the Court. A 4-page letter was submitted today in opposition to Mr. Secor’s e-mail. He could address the accusations one by one. There have been no citations from the Town relative to the Temporary Conditional Permit.
Town Attorney Steven Bengart said the Town Board has no obligation to respond to counsel’s request. He can give his side but no response is required.
Councilman Bylewski asked if the Town has issued a notice of appearance or a notice to clean up the property regarding any specific items since the permit was issued? James Callahan said there was an unlicensed vehicle, which the applicant has removed. There was one complaint regarding the hours of operation. Other than that, there were no other reported violations.
Fred Secor, Floss Lane said we have been dancing around these issues since April 2002 about the abhorrent conditions of the property. He stated that there has been a vast improvement. When the permit was issued, it carried a 60-day promise to comply with all of the conditions. The berm helps the sightline of neighbors, but not his. There is still equipment on the property in plain view. Mr. Secor also e-mailed pictures showing a wood splitter, an old tractor, a pickup truck and piles of concrete forms. Mr. Aiken may say it is not on his property, but Mr. Secor does not care whose property it is on. He saw him load it and stack it there. Mr. Secor requests that the Town clean it up at Mr. Aiken’s expense. He does not think revoking the permit will do any good. It is time for the Board to do something serious.
Councilman Bylewski asked when the loader was last used on the property? Mr. Secor said after the permit was issued and he used it to form the berm. He has not seen the loader since. The problem he has is all the stuff still there.
Supervisor Hallock said she received e-mail from Sue and John Moshides expressing concern with the length of time to clean it up. They do not intend to jeopardize his business, but had they known, they would not have chosen that area for their home. E-mail was also received from Mrs. Secor. The document from Renaldo and Palumbo was delivered late today.
Peter Sorgi said we are here to decide if Mr. Aiken is violating any of the seven conditions of the permit. This is agricultural property and farm machines are on it. It has nothing to do with the permit. There were construction vehicles on the site on specific days to construct the berm and remediate the property, but they are not stored there. The berm was extended further than required. The property has been in the family since 1918 and used as a farm most of that time. There were things that needed to be hauled off and they were. The pickup truck and concrete forms are approximately 100 ft. away from Mr. Aiken’s property. There is a wood splitter next to a large pile of wood. This is not a violation of the Zoning Ordinance. Mr. Sorgi respectfully asked the Town Board to deny this request or come out and look at the property and judge for themselves.
Councilman Weiss asked if farm tractor, pickup truck and wood splitter are congruent to the zoning in the Agricultural District? James Callahan said an unlicensed vehicle could be a violation and they did cite the neighbor. There is no law regarding the other.
Mr. Aiken said if this is about the farm equipment, he could move it around the property. He realized it upset Mr. Secor when he was taking telescopic pictures. He is 500 ft. away from the stuff in question. Mr. Sorgi said he has the right to take them to State Supreme Court, but maybe he should ask something constructive such as an amendment to extend the berm.
Councilman Kolber said could we ask him to amend the berm. No one wants to stop the business, but we do want to protect the people of the Town and address their concerns. Mr. Aiken said you have to decide how far to go and there are large trees there. Mr. Secor said the two neighbors who do not have berm protection would like to see the equipment and piles of wood moved instead of subjecting Mr. Aiken to the additional expense. Mr. Aiken said the wood is not his.
Councilman McPherson asked how much of the property is commercial and how much agricultural? James Callahan said 300 ft. is commercial and 90 % of the 35 acres is agricultural. He asked if the permit is in any way directed to the agricultural property? James Callahan said it allows the concrete business to spread back into the property. Councilman McPherson said the permit does not direct what happens on the entire 35-acre parcel. Mr. Aiken would not be in violation for ten cords of wood, growing corn or raising sheep. Councilman McPherson asked if he is complying with the terms of operating his concrete business? James Callahan said yes. Councilman McPherson said the reason for revocation of the permit is if he was not complying with the terms of the Temporary Conditional Permit.
Councilman Bylewski asked Mr. Aiken to answer every condition as stated in the September 10, 2002 minutes. He also asked why it took so long? Mr. Aiken said it could take 20 years to remediate the property entirely. There is a lot to do and he is doing it as he has time.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman McPherson said he went over and looked at the property from Floss Lane to see the view. He walked the entire property and stood at the back of Mr. Secor’s property. He saw everything talked about tonight. This has been a long process, but he agrees with Mr. Callahan that there are no conditions of the permit that have not been met.
Councilman Weiss said he has witnessed the proceedings on this issue over the last year. He thinks the length of the process is what has irritated everyone. He agrees with Councilman McPherson that he has done what was required, although it took a long time and he does not have a problem with it.
Supervisor Hallock said no motion is needed.
Councilman Bylewski said he was not in favor of granting the Temporary Conditional Permit, but based on the meeting tonight, he does not see where any violation of the permit has occurred. However, procedurally, Section 30-66 does not specify who makes the determination regarding a violation. We have been under the assumption that it is the Town Board’s prerogative to cite a violation of a permit has occurred. He would like to have this on solid ground for the future.
Councilman McPherson said just because he is not in favor of revoking the permit at this time, does not mean that he has been dissatisfied with the time this has taken and the inconvenience to the neighbors. He encouraged Mr. Aiken to make sure he complies with the terms of his permit.

Kevin Curry, Patrick Homes requests a temporary construction/sales trailer at Waterford Estates. Mark Aquino was present as a representative. James Callahan said the location is on the north side of the entrance from Thompson Road. One of the conditions of the previously approved temporary trailer at Waterford Commons was landscaping around the trailer.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant approval to Patrick Homes for a temporary construction/sales trailer at Waterford Estates for a period of no more than one year or upon completion of a model home, whichever comes first, subject to conditions set by the Landscape Committee and removal of the trailer within 30 days of issuance of the Certificate of Occupancy. On the question, Councilman Kolber suggested adding removal from the site. (Councilman Bylewski amended the motion.) Upon roll call – Ayes: All; Noes: None. Motion carried.

The request by Brian Sayers, The Tree Doctor for a Building Permit and Architectural Approval for construction of a 24’ x 32’ pole barn in the Commercial Zone at 4756 Shisler Road was removed from the agenda at the applicant’s request.

Rick Smith, Pizza Inn requests a Change-In-Use from warehouse to pizza shop and a Building Permit and Architectural Approval to convert the space to a restaurant in the Commercial Zone at 6235 Goodrich Road. James Callahan said the location is on the east side of Goodrich Road, north of the Building & Engineering Department consisting of 1.3 acres in the Commercial zone. The Master Plan recommends that this area remain in a commercial classification. The existing warehouse storage operation was approved in 1999. The applicant seeks a change to a pizza parlor per the identified site plan and adequate parking is portrayed.
Rick Smith said they are copying the look of the Clarence Center Fire Hall. Time is of the essence for this project since they are loosing their present location. First and foremost they need to concentrate on the inside and plan on working on the outside in the spring.
Motion by Councilman McPherson, seconded by Councilman Bylewski to grant a Change-In-Use from warehouse to pizza shop and a Building Permit and Architectural Approval to convert the space to a restaurant in the Commercial Zone at 6235 Goodrich Road with referral to the Town Engineer and Landscape Committee to ensure landscaping and drainage are designed to meet the minimum standards. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mike Metzger, representative requests Concept Plan Approval for construction of a 10,000 sq. ft. Tae Kwon Do School in the Major Arterial Zone at 5921 Transit Rd. Councilman Bylewski said his firm is representing the applicant, therefore he will recuse himself from any discussion.
James Callahan said the location is the east side of Transit Road, south of Clarence Center Road consisting of 4 acres. The frontage is zoned Major Arterial and the rear is Agricultural. The Master Plan recommends this area to remain in the commercial classification along the frontage. The applicant is seeking to construct a 10,000 sq. ft. building with appropriate parking per the site plan design.
Al Hopkins of Metzger Engineering said the lot is 2.7 acres. The purpose is to construct a martial arts center for Master Chong. The required parking is for 67 spaces. Mr. Chong is considering increasing that to 100 spaces. A buffer is included to the rear to separate the residential area. They are requesting referral to the Planning Board.
Councilman McPherson asked if the additional parking would be included in the original project. Mr. Hopkins said that has not been determined at this time. It is plenty for normal operation. Councilman Weiss said his concern is if the 67 will be enough for tournaments or other events. Soon Chong said he is strongly considering the parking lot situation and will probably put in the 100 spaces. James Callahan said the Planning Board will look at that particular issue.
Motion by Councilman Kolber, seconded by Supervisor Hallock to refer the request for Concept Plan Approval and refer the request for construction of a 10,000 sq. ft. Tae Kwon Do School in the Major Arterial Zone at 5921 Transit Rd to the Planning Board. Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Sal Oddo requests a Building Permit and Architectural Approval for construction of an addition to existing beauty salon and including the addition of one residential unit in the Major Arterial Zone at 6399 Transit Road. Sal Oddo said the addition is approximately 1,600 sq. ft. James Callahan said the location is the east side of Transit Road, south of Old Post Road and located in front of the Holiday Retirement Facility. It is located on .9 acres in the Major Arterial Zone. A Change-In-Use was issued for the existing salon on 4/10/2002. The Master Plan identifies this area to remain in a commercial classification.
Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval for a Building Permit and Architectural Approval for construction of an addition to existing beauty salon and including the addition of one residential unit in the Major Arterial Zone at 6399 Transit Road subject to approval by the Landscape Committee and Town Engineer for drainage. Upon roll call – Ayes: All; Noes: None. Motion carried.

James Bammel, Hummer-Buffalo Dealership requests a Special Exception Use Permit and Concept Plan Approval for construction of a new automobile sales and service facility in the Major Arterial Zone at 5411 Transit Rd. The architect said the proposal is for a 9,400 sq. ft. facility dedicated to the sale of Hummer vehicles. They are currently being sold within the Buick dealership. The building style is a prototype of the company.
Councilman Kolber asked why they are requesting subdividing the property? The architect said he was not sure why. Councilman Bylewski said it could be to better meet their business needs.
Motion by Councilman McPherson, seconded by Councilman Bylewski to refer the request for a Special Exception Use Permit and Concept Plan Approval for construction of new automobile sales and service facility in the Major Arterial Zone at 5411 Transit Rd to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Donald Aubrecht, Holy Cross Lutheran Church requests Concept Plan Approval for construction of additions and associated parking to the existing church facility in the Commercial Zone at 8900 Sheridan Drive. Richard Craig, Chairman of the Building Committee said they have been part of the community for almost 45 years and the congregation has determined that they need to add to the facility in order to support their programs. James Callahan said the property consists of approximately 3.3 acres in the Commercial Zone with Agricultural to the rear. The Master Plan identifies this area to remain in the commercial classification.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request by Holy Cross Lutheran Church for Concept Plan Approval for construction of additions and associated parking to the existing church facility in the Commercial Zone at 8900 Sheridan Drive to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Fox Trace East Subdivision requests a Public Hearing to consider rezoning property from Agricultural to Residential A to accommodate a proposed single-family housing development. Peter Sorgi of Renaldo and Palumbo was present.
Motion by Councilman Bylewski, seconded by Councilman McPherson to set a Public Hearing for February 11, 2004 at 7:45 P.M. to consider rezoning property from Agricultural to Residential A to accommodate a proposed single-family housing development. On the question, Councilman Bylewski said that he is cognizant of Mr. Blum’s comments because they are his own concerns. Based on the fact that we do not have a subdivision concept approved, he does not see himself voting in favor of a rezoning. Councilman Bylewski said the Planning Board recommended the rezoning, but did not recommend the subdivision. We are also considering a massive rezoning along with the zoning law revisions. We do not have them yet in place. Councilman McPherson said this process is the only way to flush out all the issues and concerns. Supervisor Hallock said she agrees with the points made by Mr. Blum. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and McPherson; Noes: Supervisor Hallock. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to approve the following: Clubhouse Applications – A. Girl Scout Troop 1047 – Jan. 25, 2004; B. Clarence Fillmore Cemetery – Feb. 25, 2004; C. First Presbyterian Church – March 20, 2004; D. Clarence Girls Softball – Feb. 7, 2004; E. Clarence Soccer Club – 2nd Sunday each month of 2004; F. Cub Scout Pack 563 – Feb. 8, 2004; and Legion Hall Applications – A. Sara Schupbach – Feb. 7, 2004; B. Jennifer Topp – Feb. 8, 2004; C. Jean Brault – Jan. 23, 2004; D. Linnea Koeppel – Feb. 6, 2004; E. Susanne Zelawski – Feb. 15, 2004; and F. Patricia Burkard – April 18, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of January 15, 2004 are approved for payment: General Fund - $91,717.65; Highway Fund - $5,918.74; Water District - $33,437.63; Sewer Districts - $21.15; and Capital Fund - $71,854.64 for a total amount of $202,949.81. Upon roll cal l – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:53 P.M. in memory of two people who passed away this past week, Louis Kelkenberg who worked for the Town Highway Department for 23 years; and Mrs. Grayce Floss.

Nancy C. Metzger
Town Clerk