02/09/05


A Work Session of the Clarence Town Board was held February 9, 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, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Director of Community Development James Callahan, Town Attorney Steven Bengart, Senior Building Inspector David Metzger and Town Engineer Joseph Latona. Assistant Director of Community Development James Hartz, and Director of Administration and Finance Pam Smith.

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

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

James Callahan - Director of Community Development

Formal Agenda items:

Public Hearing @ 7:55 P.M. to consider the request for a Temporary Conditional Permit for relocation of the Clarence Hollow Farmer’s Market to 10717 Main Street (the parking lot across from the Clarence Bowling Academy in Clarence Hollow).

Gary Ferrara-Cingular Wireless 7377 Transit Road

Applicant is proposing to erect a 70’ telecommunications tower at 7377 Transit Road. The proposed site is located on the east side of Transit Road between Lapp Road and Wolcott Road behind the Kitchen Advantage Store. The Planning Board has approved the site plan for the tower as designed. A Public Hearing will be set for March 9, 2005 @ 7:55 P.M.

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

Applicant is proposing a 47-unit patio home project on private roads. The proposed site is located on the east side of Transit Road, south of Clarence Center Road behind Transit Valley Plaza on 14.3 +/- acres of vacant land. 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 proceeded 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 11/10/03. 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 conditions. Councilman McPherson questioned whether this project has ever been considered condo status before. Director of Community Development James Callahan stated that the letter that the applicant’s attorney sent to Town Attorney Bengart is the first time it has come up.

Greg Ribbeck – north of 5955 Shimerville Road

Applicant is proposing a 4-lot Open Development area with 2 frontage lots, consistent with the Town’s Open Development Area section of the Subdivision Law. The proposed site is located on the east side of Shimerville Road, south of Candlewood Drive. The area is located in a residential classification. The Planning Board has forwarded a recommendation for Development Plan approval with conditions.

Patrick Costello 10626 Main Street

Applicant is proposing to convert an existing vacant building into a small café. The proposed site is located on the north side of Main Street opposite Ransom Road intersection on approximately .5 acres in the Commercial Zone. Adequate parking exists to the rear including the on street parking as recently developed. A commercial building permit will be required to ensure compliance with all NYS and local building codes. No change to the exterior façade is proposed. A letter was received today from a concerned resident regarding utilization of the rear parking lot. In the past, utilization of that parking area has caused a problem with the adjoining property owners.

Clarence Soccer Club – Clarence Soccer Center

Applicants are proposing to expand the existing snack bar at the existing soccer center located on 30 +/- acres in the Agriculture Zone. The area is to remain in an Agriculture/Rural Residential classification. The Town Board is in the process of acquiring the property and must approve all improvements. Town Engineer Latona stated that the expansion of the septic system would need Health Department approval. Councilman Kolber suggested looking at a comprehensive plan for the entire park.

Kathy DeRose 5731 Kraus Road

Applicant is proposing a 4-lot Open Development area on a 26.6-acre lot and to extend the existing private drive to service the proposed new lots. The proposed site is located on the east side of Kraus Road, south of Greiner Road. The existing road does not meet minimum standards for the Open Development.

Carmina & Wood - East of 8705 Sheridan Drive

Applicant is proposing a multi-story office building with parking. 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). The Town Board should determine consistency with the Master Plan, identifying any significant issues. Overall design and buffering of adjoining residential properties should be addressed.

Work Session items (for formal consideration at the March 23, 2005 meeting)

Lou Visone 9300 Main Street

Applicant is proposing to construct an addition to the existing motel and convert to apartment units. The existing motel is located on 2.7 +/- acres in the Commercial Zone. Per the Zoning Law, multiple-family uses within the Commercial Zone require a Special Exception Use permit and additions within the Commercial Zone require Town Board approval as to functional plan and architectural style.

Lou Visone 9300 Main Street

Applicant is proposing an office park behind the existing motel and recently converted office building. The proposed site is located on the north side of Main Street, east of Thompson Road behind the Park Plaza Motel on 3.29 acres of vacant land in the Commercial Zone.

People Inc. 4725 Transit Road

Applicant is proposing the construction of a H.U.D. funded 50-unit senior housing project on vacant property consisting of 4.12 +/- acres in the Commercial Zone with Agriculture Zoning to the rear. The proposed site is located on the east side of the Sheridan Drive access road to Eastern Hills Mall, east of Syms Store. A Commercial Zone would allow eight units per acre.

Krislyn Associates 6215 Transit Road

Applicant is proposing the construction of an office complex at 6215 Transit Road on vacant land adjoining Gott Creek and Rogers Piano Shop. The property consists of approximately one acre in the Major Arterial Zone. There are several issues with this project including a portion of the property is within the 100-year Flood Zone.

Cesar Banach 8500 Roll Road

Applicant is requesting Town Board approval to locate a storage trailer behind the existing storage building at 8500 Roll Road located on the northwest corner of the intersection between Roll Road and Harris Hill Road. The existing storage building houses a roofing company. The storage trailer would be used to store materials.

Waterford Bank 8411 Main Street

Applicant is proposing to demolish the existing motel and construct a new 6,700 square foot bank. The existing motel facility is located on approximately 1.6 acres in the Commercial Zone on the south side of Main Street, west of Harris Hill Road. Councilman Bylewski stated that the proposed site is within the Harris Hill Traditional Neighborhood District and explained to the applicant that there is a certain architectural style the Town is trying to maintain in that area. Councilman Bylewski further explained to the applicant that we are in the process of amending our Zoning Law and that amendment may impact this project in terms of the placement of the parking lot. The applicant stated that the design as presented with parking in front is for the protection and safety of their clients as mandated by the FDIC.

Benchmark Group 4401 Transit Road

Applicant is proposing to redevelop the existing shopping plaza located on approximately 28 acres in the Major Arterial and Commercial Zones. The proposed site is located on the northeast corner of Main Street and Transit Road.

Avis Rent-a-Car – 4475 Transit Road

Applicant is seeking to add a rent-a-car operation to the existing Sears Automotive Service Center located on the east side of Transit Road behind the Eastern Hills Mall.

Towne BMW - 8215 Main Street

Applicant is proposing to add a 5462 square foot addition to the existing service center at 8215 Main Street. The proposed site is located on the south side of Main Street, east of Stonegate Office Park at the existing automotive sales facility located on 3.97 acres in the Commercial Zone. The Planning Board has forwarded a recommendation with conditions.

Sandra Baker 6215 Goodrich Road

Applicant is proposing to create a two-chair salon and leave two residential units on the property. The existing residential structure is located on .27 acres in the Commercial Zone on the east side of Goodrich Road, south of the entrance to the Town’s Building and Engineering Departments.

Calvin Caruso 6705 Transit Road

Applicant requests Concept Plan approval and a Special Exception Use Permit for development of a Bubble Boy Car Wash facility. The Planning Board did not make a recommendation to approve this proposal. The applicant is seeking approval without a Planning Board recommendation.

Joseph Lombardo 7980 Northfield Road

Applicant is seeking approval to demolish the existing home for the purpose of developing a new home on the property. The house is located on the west side of Northfield Road north of Wolcott Road. Per the recent amendment to the Demolition Law, a structure built prior to 1950 must be considered a Type I Action under SEQRA.

Saturn of Clarence

Applicant is requesting approval to convert existing indoor display area behind the used car facility into the West Herr collision department.

Hidden Pond – Final Plat

As of Friday this was not ready and therefore was not put on the agenda. Assistant Engineer Tim Lavocat has received the necessary information and this project will be ready for the next formal agenda.

Supervisor Kathleen Hallock

Supervisor Hallock will announce the receipt of a $45,000 Community Development Block Grant for ADA accessibility in Town buildings.

Supervisor Hallock has received several applications for the Ethic’s Committee. In the past, when there was an opening on the Ethic’s Committee, the Town Board interviewed the applicant. It was decided that the interview process would continue.

Supervisor Hallock received a call from an applicant who has applied for the Youth Director position. There is an ad in the paper this week and all applicants will be interviewed at one time.

Benchmark owns the Clarence Mall property, they will be doing demolition and rebuilding at this site. The Town had been considering extending Bryant & Stratton Way through to Sheridan Drive. Benchmark is proposing a road where the existing leg is which will solve many of the Town’s problems and costs. The Town will also meet with Sears and the May Company.

Supervisor Hallock has a motion for amendments to Town Property and Facilities Law to include a non-refundable pavilion user fee; some verbiage will be eliminated from the application also.

Supervisor Hallock will make a motion to set a public hearing to impose a six-month moratorium.

Supervisor Hallock has a motion authorizing the purchase of land on Goodrich Road and a motion authorizing her to sign the contract.

Supervisor Hallock will set a public hearing for purchase of vacant land on Rapids Road.

David Bissonette is unable to attend this evenings meeting, he will reschedule.

Supervisor Hallock stated that the Bi-Centennial Committee is proceeding with Greatbatch Way in the Town Park. Originally the Committee considered going to the Historical Museum property but has decided on the ring road at the main entrance to the park circling in front of the Clubhouse and then exiting. There will be three signs indicating Greatbatch Way. So there will be no confusion, Supervisor Hallock has discussed the placement of signs with Senior Building Inspector Dave Metzger, Highway Superintendent Ted Donner and Parks Crew Chief John Burns. The road dedication will be held on March 6, 2005.

The IDA is requesting a joint meeting with the Town Board.

Supervisor Hallock will announce the appointment of Jenna Snyder as custodian in the Building/Engineer Departments.

Barbara Gilmour has applied for a position on the Bi-Centennial Committee. She will be appointed on February 23, 2005.

Supervisor Hallock will make a motion to approving Judge Sillars attendance at the Association of Towns Meeting.

Town Engineer Latona stated that Senior Building Inspector David Metzger has forwarded to the Town Board a fee schedule for fire safety inspections. An ordinance or Town Law will have to be developed relative to implementing the fees.

Town Engineer Latona stated that we have a provision in our Excavation Ordinance dealing with digging holes for farm ponds, or providing fill for the property. A particular builder applied for a building permit indicating that he wanted to dig a pond just under 2,500 square feet. Our ordinance indicates that ponds have to be properly sloped, landscaped and integrated. Upon inspection of the site, it was discovered that the pond is approximately 10’ deep and is unprotected. The builder was shut down and told to either fence the pond or fill it in. Questions have arisen regarding decorative landscape ponds; State Code indicates that if they are over 18” it is considered a pool.

Councilman Ian McPherson

The Traffic Safety Board has reviewed several traffic concerns one being Roll Road, Newhouse and Pine Loch Lane they saw no reason to take any action. There was no request to look at anything specific.

Councilman McPherson spoke to Don Boyd regarding Day in the Park. The Town is allowed to give up to $5000. for fireworks. Councilman McPherson questioned whether the Town is ever given a report from the baseball/softball association showing where the 25% contribution to baseball went. There should be a reporting procedure for the Town to account for how this is handled. Councilman Bylewski suggested making the funding contingent upon receipt of a report of profits at the end of the event. Councilman McPherson stated that there should be a report generated not only for all those who participate, but also for the Town to keep on file in the Town Clerk’s office.

Councilman McPherson has one item to discuss in Executive Session and one item to consult with the Town Attorney.

Councilman Scott Bylewski

Councilman Bylewski has some minor correction to the minutes.

Councilman Bylewski received the emergency services annual report and the January 2005 report for Central Fire Alarm.

Councilman Bylewski has received the Leader status report.

Councilman Bylewski announced that we are still accepting applications for the Youth Center Director position.

Councilman Bylewski will make three appointments to the Historic Preservation Committee. We have received four applications in the interim two of them being husband and wife, they both are qualified.

Councilman Bylewski has received several pieces of correspondence from Adelphia Cable.

Councilman Joseph Weiss

Councilman Weiss will make a motion to adopt Local Law 1-2005 amending the Town of Clarence application for use of Town Park pavilions to include a non-refundable pavilion user fee.

Councilman Weiss will make a motion authorizing Supervisor Hallock to sign the Business Consultant Agreement by and between the Town of Clarence and H & V Risk Consultants.

Highway Superintendent Ted Donner is recommending the promotion of Bret Reitmeier to the open position of Heavy Motor Equipment Operator effective February 12, 2005.

Highway Superintendent Ted Donner is requesting approval to purchase three 2005 Ford Taurus’ to replace vehicles driven by Jim Callahan, Jim Hartz and Tim Lavocat. In addition, a new Ford van will be purchased to replace Jerry Schuler’s Animal Control van.

If Erie County follows through with lay-offs of County plow operators, Highway Superintendent Ted Donner is recommending that the Town clear County roads during snowstorms to allow safe passage for residents and emergency response vehicles. Councilman Kolber suggested that any work on County roads be documented.

Parks Crew Chief John Burns is requesting a transfer of funds to close out 2004.

Town Engineer Latona stated that he received an inquiry from a resident who lives north of Main Street asking that sewers be considered there first because of all the noticeable problems in that area. The Town’s position has been that once we have our financial situation defined then it will be the Town Board’s position to decide where they want to go with additional sewers in the Hollow keeping in mind that south of Main Street is all rock and north of Main Street is not. There has to be some criteria established for the decision.

The Buffalo News had an article regarding the deer situation in Amherst and the bait and shoot program. The article stated that the program is being done in North Tonawanda and Clarence and is being considered in Cheektowaga. Councilman Weiss wanted to clarify that the Town of Clarence program is all volunteer, they are not paid police. We also follow DEC regulations and the program is very tightly monitored. The Town’s cost is approximately $25 per deer; the Town of Amherst cost is approximately $300 per deer.

Councilman Bernard Kolber

Councilman Kolber has received several applications for the Library Board and will forward them to the Library Board for recommendation.

The Recycling Committee met with Nathan Neil last week. We are one of the only Town’s in Erie County that does not have a single provider for trash pickup. As a result, most of our residential rates are higher than the average household pays in other towns. The Town should at least consider setting up the district, if we don’t go forward with it, we don’t have to do anything. Councilman Kolber is recommending the Town Board move forward with this.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1)A of the Open Meetings Law to discuss matters which will imperil the public safety if disclosed, §105(1)F the financial history of several individuals. Councilman McPherson will consult with Town Attorney. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:23 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:40 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, February 9, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Councilman Scott Bylewski led in the pledge to the flag, 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, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Assessor David Folger, 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 meetings held January 19, 2005. On the question, Councilman Bylewski said he will recuse because he was not present due to a family emergency. Supervisor Hallock had the following corrections: page 16, 4 th paragraph – “official establishment of the Municipal Review Committee”; and page 25, 2 nd last paragraph – “Clayt Ertel ….is currently the Vice Chairman of the IDA”. Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held February 2, 2005. On the question, Councilman Bylewski had the following corrections/clarifications: page 30, last paragraph – “ the GBNRTC Study..”; page 32, 6 th paragraph – “…dealing with Tyson Smith…”. Supervisor Hallock had the following changes: page 32, 8 th paragraph – “The Youth Center Board is reviewing the Youth Board applications…”. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant permission for a second Town Judge to attend the Association of Towns Annual Meeting and Training School February 20 –23, 2005 in New York City. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to set a Public Hearing for Wednesday, March 9, 2005 at 7:45 P.M. to consider the purchase of a parcel of vacant land approximately 2.75 +/- acres located on Rapids Road in the Town of Clarence, Erie County, New York at a purchase price not to exceed $25,000 plus any closing costs and disbursements subject to the terms and conditions of the conditional contract. Funds to be allocated from Recreation Funds. On the question, Councilman McPherson asked if the information on the purchase has been forwarded to the Assessor’s Office. Supervisor Hallock said she would have to check on that. Councilman Bylewski asked if the Assessor would take a look at it. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that she received the point summaries and certification letters for the Length of Service Awards Program for the Harris Hill, East Amherst and Swormville Fire Companies. They will be on file in the Town Clerk’s office. The point summaries and certifications letters are posted for at least 30 days prior to March 1 st at each respective fire hall. The Clarence Center Fire Company plan renews at a different date, so their documentation will follow shortly.

Supervisor Hallock stated Jenna Snyder was appointed Custodian PT at the budgeted rate at the February 2, 2005 Work Session. Normally we only appoint individuals at regular meetings, but due to a resignation it was approved last week.

Supervisor Hallock said we accept, with regret, the resignation of Robert Beil from the Ethics Committee, who has served since 1998. Mr. Beil said he has accepted an employment position and will no longer be able to attend the daytime meetings. This gives us another opening on the Ethics Committee.

Supervisor Hallock announced that the Town received an award notice from the County of Erie Community Development Block Grant Program in the amount of $45,000 for ADA accessibility to Town owned buildings.

Motion by Councilman McPherson, seconded by Councilman Bylewski to ratify the contract between the White Collar Collective Bargaining Unit and the Town of Clarence for the next two years. On the question, Councilman McPherson expressed appreciation to the bargaining unit team for their efforts to come to a fair, timely closing of negotiations and the initiation of the contract. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to authorize the Highway Department to install a three-way stop sign at the intersection of Hollingson and Donnington Roads. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski expressed thanks to everyone for their thoughts, concerns and prayers regarding his wife’s medical condition. She is getting better, but has a long way to go.

Councilman Bylewski received the Central Fire Alarm Annual 2004 Operations Report. Town of Clarence fire companies responded to the following in 2004: Structure fires – 44; Motor vehicle fires – 13; Miscellaneous fires – 93; False alarms – 3; EMS calls – 1,166; Motor vehicle accidents – 152; and Miscellaneous calls – 415 for a total of 1,886 alarms.

Councilman Bylewski received the Central Fire Alarm January 2005 Operations Report. Town of Clarence fire companies responded to the following: Structure fires – 5; Miscellaneous fires – 5; False alarms – 1; EMS calls – 93; Motor vehicle accidents – 14; and Miscellaneous calls – 37 for a total of 155 alarms.

Councilman Bylewski said we received Leader’s Status Report No. 105 regarding BDT for December 2004 and January 2005. Leader performed document review and has concern in the area of sample analysis plan regarding the closing of the facility. They also set forth some recommendations for additional sampling to take place, as well as monitoring. The planned activities for February include review correspondence received through FOIA requests, observe any on-site closure or RFI activities and review correspondence from the Town of Clarence. This report is on file for anyone interested.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee, the Town seeks Lead Agency status and commences a coordinated review of involved agencies on the proposed Town of Clarence Subdivision Local Law. This Type I Action involves the adoption of a comprehensive update to the Town of Clarence Subdivision Law in accordance with the Town’s adopted Master Plan 2015. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received new single-family building permit numbers from Sr. Building Inspector David Metzger. December 2004 – 7, December 2003 – 15; January 2005 – 6, January 2004 – 12; Year-end 2004 – 168, and Year-end 2003 – 224. It is lower than in the past, but there is still building going on in the Town of Clarence while under the moratorium.

Councilman Bylewski deferred to James Callahan for the 20 th update of the action items while under the moratorium.

James Callahan reported the following:

Zoning Law and Map – Planning Board is reviewing comments received at the public hearing on January 19, 2005. A work session is scheduled Feb. 10 th at 7:00 P.M. to prepare formal comments for the Town Board.

Subdivision Law Draft 2 – Planning Board completed review. Planning & Zoning Dept. is working on preparing Draft 3 for public presentation. MRC is reviewing the submitted Environmental Assessment Form and undertaking a coordinated review for a final recommendation.

Adequate Public Facilities Law – Consultants finishing up draft of law and should be ready for public review shortly.

Landscape Law Amendment & Tree Law – Planning Board initiating a review with a possible combination of these two laws.

Parks and Recreation Master Plan – Consultants continuing development. Have completed Phase I involving a full inventory and mapping of existing facilities.

Councilman Bylewski added that the Planning Board continues to work on a Land Use Access Management Plan with the Amherst Town Board. The next meeting is set for March 10 th.

Councilman Bylewski announced that we are still accepting applications for the Youth Center Director position for the Town of Clarence. This is a full time paid position. Anyone interested should contact the Supervisor’s office.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint the following to the Historic Preservation Committee: Henry Brodowski, Martin Root and Nicole Heary. On the question, Councilman Bylewski said Mr. Brodowski worked for the NYS Office of Parks, Recreation and Historic Preservation. Mr. Root works in our Engineering Department and Ms. Heary is an attorney. There are still openings for anyone interested. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we have received several communications from Adelphia. They are working on making significant network improvements regarding high definition channels and digital video recording.

As of March 2005 bills, they will be standardizing the digital packages and the old digital packages will no longer be available. They will be mailing information to the customers who are affected by the change.

Adelphia is closing the Empire Sports Network.

A communication was received regarding the filing of the Application Renewal of the Franchise Agreement.

Adelphia is also in the process of updating the Town of Clarence cable television network. They have contracted a crew to collect addresses throughout the Town. They are required to wear proper identification.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:

WHEREAS, the Town Board of the Town of Clarence has been in support and appreciative of the long and exhausting hours spent by the members of the West Valley Demonstration Project Citizen Task Force. The goal to protect health, safety and economics is not only for our Town residents but for the future of all in Western New York, and

WHEREAS, the West Valley Citizen Task Force was charged to develop recommendations to New York State Energy, Research and Development Authority and United States Department of Energy regarding the 1996 West Valley Demonstration Project Draft Environmental Impact Statement and;

WHEREAS, the West Valley Citizen Task Force has held over 100 meetings since January 1997 to develop these recommendations and;

WHEREAS, the West Valley Citizen Task Force issued its report the following year, stating it finds the site unsuitable for permanent disposal of radioactive waste,

NOW THEREFORE BE IT RESOLVED, that the West Valley Citizen Task Force’s end state vision for the West Valley Demonstration Project is one of unrestricted release; and

BE IT FURTHER RESOLVED, that the West Valley Citizen Task Force prefers that all waste be safely stored above ground until such time as it can be permanently disposed; and

BE IT FURTHER RESOLVED, that the West Valley Citizen Task Force requests that all local, State, Federal and Seneca Nation governing bodies support this resolution in its entirety.

NOW THEREFORE, the Town Board of the Town of Clarence, at their regular meeting held February 9, 2005, hereby supports the above action of the West Valley Demonstration Project Citizen Task Force and further resolves to support West Valley Citizen Task Force’s Resolution 1-2004 in its entirety.

Upon roll call - Ayes: All; Noes: None. Motion carried.

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

Resolved, that the Clarence Town Board authorizes Supervisor Kathleen E. Hallock to sign the Business Consultant agreement by and between the Town of Clarence and H & V Risk Consultant LLC, Insurance Consultants, for a period to begin February 1, 2005 through January 31, 2006.

On the question, Councilman Weiss said they were the low bidder. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that upon recommendation of Highway Supt. Ted Donner, Bret Reitmeier be promoted to the open position of Heavy Motor Equipment Operator effective February 12, 2005. Bret has been a faithful employee for 11 years and has mastered all pieces of heavy motor equipment that this title entails. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval for the purchase of three 2005 Ford Taurus’ and a new Ford Van for Animal Control under the Town’s Vehicle Replacement Program. The Taurus’ will replace vehicles used in the Planning and Zoning Office and one from Engineering. All vehicles will be purchased from New York State Contracts established by the Office of General Services. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson that upon recommendation of Highway Supt. Ted Donner, in the event that the Erie County Highway Department does not plow their roads, the Clarence Highway Department, at the direction of Highway Supt. Donner, will plow certain roads for the safety of lives and property of our citizens. On the question, Councilman Weiss said we will document all of the work our department does. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the following transfers of funds for the Parks Department: $2,110 from account A7110.433 Rentals to account A7110.438 Utilities and $125 from account A7310.450 Maintenance (Youth Center) to account A7310.438 Utilities (Youth Center). Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that we received a check in the amount of $8,746 from the Floss Agency. Hartford has agreed with the classification methodology, which gave us this refund.

Councilman Weiss said there was an article in the Buffalo News last night regarding the Bait and Shoot Program in Amherst where an officer’s shot went into a home. We do not have the same program as they do using police marksmen. We have volunteer sportsmen from Clarence who go through training by the DEC. It is highly regulated and they use shotguns and bows. Our cost is $25 per deer for processing. It is over $300 in Amherst. Councilman Weiss did not want us to be lumped in with their program because it is not the same. John Jondle is doing a great job running our program. The deer are processed as soon as possible. Every effort is made to maintain safety.

Councilman Bylewski said in regard to our Vehicle Replacement Program that has been in effect for several years, he was wondering if data could be compiled to show how much we have saved by replacing them, rather than driving them into the ground. Councilman Weiss said former Highway Superintendent Ron Witnauer told him at one time that it was a great savings to the Town to have this program. He will get those figures.

Motion by Councilman Kolber, seconded by Councilman McPherson to appoint Michael Rizzo to the Board of Assessment Review to replace Richard Milewicz. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to set a public hearing for Wednesday, March 9, 2005 at 7:50 p.m. to consider a Local Law “Imposing a Temporary Six-Month Moratorium on Land Use Approvals in the Town of Clarence. On the question, Councilman Kolber said this is to look at whether we need to extend the moratorium on land use proposals for another six months. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said we have received several applications for the opening on the Library Board. They will be forwarded to the Library Board for review and recommendation.

Councilman Kolber said a meeting of the Solid Waste/Recycling Committee was held last week to look at the possibility of creating a garbage district in the Town. They have reviewed a lot of information and found that we are one of only a few towns who do not have a single provider. We are looking at setting up a town-wide district and contract with one provider. They have found that other towns pay almost half of what we do now. A public hearing will be scheduled to see how the residents feel about that.

Councilman Kolber said a resident’s forum will be held on February 28, 2005 to give the residents the opportunity to voice their concerns, or make comments.

Councilman Kolber said the Assessor has a letter published in the New York State Assessor’s Association Bulletin regarding condominiums and how they can adversely affect the other property owners in the Town.

Supervisor Hallock said that David Bissonette, Disaster Coordinator was unable to be here tonight and will reschedule.

Public Participation

Howard Melancon, 9775 Main St. said a comment was made that they only use shotguns in the Town for the bait and shoot program. A DEC officer told him that someone shot a deer with a pistol or a rifle on Main St. He asked the Town several years ago when they wanted to use his property, who would be responsible for the liability.

Councilman Weiss said he was not aware of that, but you are not allowed to use rifles in Clarence. Mr. Wolfe said it is under discussion.

David Folger, Assessor spoke regarding item 15 for the patio home project. He asked if this project was patio homes or condominiums? James Callahan said it has always been addressed as patio homes, but the letter to the attorney identifies it as condominiums. Councilman Bylewski said he does recall hearing that the applicant was considering condominium status prior to the amended PURD.

Mr. Folger said he has a problem because condos are treated as rentals, even though they may sell at a higher value. The Town is at a 100% and an inequity is created. The word condominium was never mentioned when he received the concept plan for this project. If it had, he would have said nothing bigger than 800 sq. ft. It is a draining of the tax base. The law was designed to help people who could not afford housing, particularly in the New York City area. He thinks everyone was misled on this project.

Councilman Bylewski said there were a number of concerns that were addressed with this project. He and the Supervisor were not in favor of the amended plan.

Pat Powers, Planning Board Chairman said when the plan was brought to the Planning Board, it was not presented as condominiums. She does recall them saying the word condo, but each time they were told condominiums are not in Clarence. The minutes of the Planning Board will bear that out.

Beverly Polito, President of Clarence Women’s Club said she has a concern with the proposed pavilion use charges. She hopes that the not-for-profit groups in the Town will be excluded. Everything that they make is used for scholarships and if they have to pay fees, their contributions will be significantly decreased.

Supervisor Hallock said the clubhouse is not included in the proposed fees.

A resident of Boncrest Dr. East has concerns with item 20 for the proposed office building due to the size and encroachment on the residential community. He believes it is directly behind their property.

Supervisor Hallock said his comments will go on record and as the project proceeds, the neighbors will be notified.

A Public Hearing was held to consider the purchase of a parcel of vacant land approximately 16 +/- acres located on Goodrich Road at a purchase price not to exceed $400,000. James Callahan said the property is on the south side of Greiner Road between Goodrich and Old Goodrich Roads. Amy Holt and Ken Kohler are present representing the WNY Land Conservancy.

Amy Holt said that in 2003, the Town residents voted to authorize the Town to bond up to $12.5 million for the protection of open space. The WNY Land Conservancy was invited to help implement the Clarence Greenprint. Letters were sent out to owners of parcels over 10 acres asking if they wanted to participate. This time the neighboring residents came in and said they would like this parcel to be considered.

Ken Kohler represents the Erie County Environmental Management Council and the WNY Land Conservancy. He explained the natural conservation features of the property, which includes the Onondaga Escarpment. The escarpment is a glacial feature. Because of the Onondaga limestone and the water feature, you end up with a mineral rich habitat. We are fortunate to have this in Clarence. Botanists have studied the area since the 1920’s. Most of these types of habitats in this area have disappeared due to development. This is why they ranked it so high.

The reasons they feel it was an important piece was because of its rarity, significant wetlands and water bodies, the local aquifer is at or near the surface, scenic atmosphere from Goodrich and Old Goodrich Roads, and the only geological feature in the Town, trees, wildlife habitat and because of the urgency for development. The rest of the property is in the succession from farmland to woodland. Ken said overall, it ranked high because it touched all of the points of the greenprint.

Councilman Bylewski said the comment was made that it is a prime piece for development and there was advertising for the frontage. Ken Kolher said that is why it is a prime piece for development because of all the frontage. Councilman Bylewski asked about any prior uses on the property that would pose environmental concerns. Ken said he walked the property, but it was snow covered. Town Attorney Bengart said if the Board moves forward, the contract calls for an environmental audit.

Supervisor Hallock said the Deputy Highway Supt. Gregory Giblin also walked the property. She also spoke with the Assessor regarding the values. He said it could be split into 12 lots. A few years ago lots in that area were selling for $41,500. Councilman McPherson asked about the history on the property and how much it was when it was last bought.

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

Councilman McPherson said he would like to know recent history to pose the purchase price against recent activity. Supervisor Hallock said the only activity she had were the sales from the parent parcel of ¾ of an acre at $40,500. There are 12 additional frontage lots of 1.33 acres.

Councilman Kolber said he feels we need to look at where we need to preserve land. This piece is a prime candidate in a high-density area with not much green space left.

Councilman Bylewski asked who would be responsible if an environmental issue came up to rectify the situation. Town Attorney Steven Bengart said contracts generally have an indemnification clause. We also have an environmental assessment done.

Councilman McPherson said we could move onto the next item while waiting for the Assessor to get the information.

A Public Hearing was held to consider adoption of a Local Law amending Chapter 143 Town Property and Facilities and to consider an amendment of the Park Pavilion Application to include a non-refundable Pavilion Use Fee. Supervisor Hallock said Mrs. Polito’s previous comments will be part of this record.

Speaking to the subject:

Supervisor Hallock said this was the result of the Parks Department and the Town Clerk’s Office recommendation. They met in committee for several months. The fees will be on the application and only apply to the pavilions and not the clubhouse.

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.

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

Resolved, that the Clarence Town Board does hereby adopt local law No. 1-2005 amending the Clarence Town Code Chapter 143 section 143-1.1(A) and approves the amendment to the Town of Clarence Application for use of Town Park Pavilions to include a non-refundable Pavilion Use Fee.

Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for relocation of the Clarence Hollow Farmer’s Market to 10717 Main Street. James Callahan said the location is the south side of Main St., east of Sawmill Road consisting of approximately 3.3 acres. It is an existing public parking area owned by the owners of the bowling academy.

Speaking to the subject:

Councilman McPherson said this would be the relocation of the very successful farmers market from Main and Shisler. It has the support of the local community, Clarence Hollow Association and permission from the property owner. He believes it will be a fine improvement to the Hollow area.

Councilman Bylewski asked if the process for a Temporary Conditional Permit for this location would be the same in the current Zoning Ordinance as well as the proposed and Mr. Callahan said yes.

Supervisor Hallock said the reason for the change is that the parcel they were using will be developed.

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.

Motion by Councilman McPherson, seconded by Councilman Weiss to grant a Temporary Conditional Permit for the Clarence Hollow Farmer’s Market to 10717 Main Street for the period of one year. On the question, Councilman Bylewski said a number of them are a member of the Hollow Association, however, this is ministerial. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for March 9, 2005 at 7:55 P.M. to consider the request for a Special Exception Use Permit to erect a 70 ft. telecommunications tower at 7377 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

(Back to item 11)

Town Attorney Steven Bengart said Joseph Frey and Kelly Schultz purchased 21.95 acres in December 1999 for $300,000. Since then, there have been four splits off the parent parcel for $41,000 each. There is the potential for 12 additional splits on the portion being considered. James Callahan said there are some additional lots along Old Goodrich Road frontage that still will be split.

David Folger said land is not going down in value. It is worth $400,000 without a doubt, but he wonders if we want to take that off the tax rolls. If you are concerned about the escarpment, maybe you could purchase the south end of it.

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

Be It Resolved, that after a public hearing duly held on February 9, 2005, and after all interested parties being heard, the Town Board authorizes the purchase of a parcel of vacant land approximately 16+/- acres and improvements located on Goodrich Road in the Town of Clarence, Erie County, New York, at a purchase price not to exceed $400,000, plus any closing costs and disbursements, subject to the terms and conditions of the conditional contract. Funds will 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.

On the question, Councilman Bylewski said he believes that vista is worth saving. It is a transition from rural to residential setting. If we want to preserve the character of the Town, we have to put our money where our mouth is. Supervisor Hallock said there are three exemption lots on the 20-acre parcel that will have houses added to the tax roll. Councilman Kolber feels it is an important piece to keep because there are not many large tracts left in some areas of the Town. Councilman Weiss said he agrees with the sentiments of his colleagues. Upon roll call – Ayes: All; Noes: None. Motion carried.

Frank Chinicci requests Site Plan Approval for development of a 47-unit patio home project at 5831 Transit Road (Laurel Park). James Callahan said the location is south of Clarence Center Road, behind Transit Valley Plaza consisting of approximately 14.3 +/- acres zoned PURD in 1998 based on public road design. The revised private road development was introduced in 2003. A Negative Declaration on the revised design was issued 10/22/03 and Development Plan Approval was granted 11/19/03. The Planning Board has forwarded a recommendation with the following conditions: 1. Landscape Plan Approval. 2. Recreation and Open Space Fees. 3. Homeowners Association Prospectus to be reviewed by the Town Attorney. 4. Stub road to be terminated before the property line with an adequate turn-around. 5. A minimum 40 ft. rear yard setback with 20 ft. natural buffer. 6. Patios in rear yards to be at grade and a maximum of 15’ from the principal buildings. 7. All conditions as identified by the Town Engineer.

Sean Hopkins, Attorney and Frank Chinicci were present. Mr. Hopkins said this project was first introduced as attached units. The feedback they got was that the Town did not want apartment type units. They knew the fair market value would be more with detached units. They originally had 60 detached units, which was reduced to 47 units. Mr. Hopkins said they feel the Town is bound by the Zoning Code.

Mr. Hopkins said Mr. Folger mentioned concerns about the impacts of condominiums. They apologize that they never described this project as not being condominiums. He read from the PURD section of the Zoning Code. They know that the average unit will sell for $300,000. Mr. Folger made the point that these are not taxed at fair market value. He has to assess them as what they would rent for according to the law. In looking at other municipalities, they assess in a range of 60 to 75%. Mr. Chinnicci would stipulate that they would be assessed at 70% of the fair market value. Mr. Hopkins said you also have to look at the costs, such as the infrastructure would be private roads, no water or sewer lines that would be the responsibility of the Town. This parcel is already surrounded by development along Transit Road. There also will not be a great demand for educational services. They are very comfortable that this project will have a positive fiscal impact with the Town. Mr. Hopkins said they are willing to meet with Mr. Folger to come up with an acceptable assessment. New York State regulates the taxation on this type of unit and they feel that they really do need the condo status.

David Folger said he has talked to the Assessor in Amherst and he does seek 50% a lot because that is all he can generate out of a rental. These things are in court all of the time. Town Attorney Steven Bengart asked if they stipulate to it now, does that stop them from coming in later? Mr. Folger said no it does not. Assessment challenges are an annual process. Councilman Kolber said he does not believe the developer can speak for future owners.

Councilman Bylewski said he was not in agreement with initial approvals of this project. He does recognize that we are bound by the prior determination of the development plan. The one thing he still would like to see addressed is the community building.

Sean Hopkins said as the density was reduced further and further, it is no longer economically feasible to do. There was also a wetland delineation that expired. They found that since, the wetland increased significantly on the site. They also agreed to some pretty strict setbacks.

Frank Chinnicci said they would consider the community center at the 60-unit level. It is an economic issue now, as well as there is not enough room. Councilman Bylewski asked if he would be willing to add benches and a gazebo? Mr. Chinnicci said he would be happy to consider that, but he does not have a plan. He will work with the landscape committee to come up with a plan.

Councilman McPherson said way back when we saw an opportunity to have 60 desirable patio homes in an area that was wasted without any major impact on infrastructure. They also saw the opportunity to add about $18 million of assessed valuation. We have worked hard to maintain 100% valuation. He takes exception to the fact that this was always going to be a condominium project. It was never stated as such, or it would have never received his vote. He is interested in keeping the 100% valuation and keeping it as a patio home project. He thanked the applicant for the efforts to present an attractive project. He believes if the project goes back to the patio home concept, it will be smooth sailing.

Sean Hopkins said they never indicated that it would not be a condominium project. They never affirmatively stated that it would be. They know it was allowed in the PURD zoning, but they were not sure if they were doing it.

Councilman McPherson said he knows that all of the people who agreed to the project, there was no understanding by anyone that this was going to be a condominium project.

Mr. Chinnicci said the residents are going to be required to maintain the road because it is too late to go back and bring it up to Town standards. They pay maintenance costs on top of their taxes.

Councilman Kolber said he understands that, but it is also less expensive to build and maintain than a public road.

Councilman Bylewski said there is a provision in the NYS Highway Law that provides a refund based on how much it would cost the Town to maintain the road. Councilman McPherson said that refers to charges for lane miles.

Sean Hopkins said they never said it was not a condominium project. This is never going to come up again because the Town is not going to have PURD zoning in the future.

Councilman McPherson said he is locked in to requesting that this be the project that it was considered to be all along.

Frank Chinnicci said condos are a legal form of housing ownership according to New York State law. They have tried to work along with all of the requirements from the Town. They have the right to build condominiums and they will work with the assessor to make sure the assessments are of a fair nature. Sean Hopkins said you also have to look at the expenses and costs. You cannot compare to a regular subdivision.

Patricia Powers, Planning Board Chairman said on at least two occasions, she said there will be no condominiums in Clarence. There are patio homes and townhouses. There were never any discussions on assessments. She is sure all of the residents would like to be assessed at 70%. This is subsidized housing and the rest of us are going to pay for the $300,000 homes.

Councilman McPherson said there are several debates going on here. The first time we heard condo was in a letter dated January 26 th. Mr. Chinnicci said that is the first time it was required.

Sean Hopkins said they apologize that they never said it would not be condos. It is their position it is too late to change it.

Motion by Councilman Kolber, seconded by Councilman McPherson to table the request for Site Plan Approval for development of a 47-unit patio home project at 5831 Transit Road (Laurel Park) to consult with the Town Attorney. Councilman Weiss said he would like to see what the legal footing is to go forward. Mr. Chinnicci said he does not understand what the Board needs to talk about. Town Attorney Steven Bengart said the Board could approve this as stated on the agenda. Councilman McPherson said being involved in the history of the project, he is not happy with the way this is unfolding. He thinks it is misleading and coming out at the eleventh hour with the condo project. He is interested in finding out how the Town protects the tax base once an agreement is reached on whatever we end up talking about. Sean Hopkins said he respectfully disagrees. They would have condo status and they would be stuck with it. It is not a bait and switch. Councilman McPherson said the Board hears proposals every meeting and the people coming before them know what the Town is about. They know we are at 100% valuation and that we do not like these things, which the State is trying to get rid of. We now have no place to go. Mr. Chinnicci said there is a misconception about the value of this type of development. Sean Hopkins said he wants to know what is going to be looked at. Councilman McPherson said he wants to see how the formula protects the tax base going into the future, he wants to see what the minutes say, and he wants to research what Mr. Chinnicci says that there is no way we can stop this manipulation of the tax system. Town Attorney Bengart said he thinks the point made by the Assessor is valid too, that if this were made known in the original concept plan, he would have suggested smaller units. Councilman McPherson said had he known, we would not be here at all. Upon roll call – Ayes: All; Noes: None. Motion carried.

Greg Ribbeck requests Development Plan Approval for a 4-lot Open Development Area with two frontage lots north of 5955 Shimerville Road. James Callahan said the property consists of approximately 18.5 acres in the Agricultural Zone south of Candlewood Lane. The Master Plan identifies the area in a Residential classification. The Planning Board forwarded a recommendation with conditions. Greg Ribbeck, 5750 Shimerville Road was present. Supervisor Hallock asked if he is aware and in agreement with the conditions and Mr. Ribbeck said yes.

Motion by Councilman Kolber, seconded by Councilman Weiss to grant Development Plan Approval for a 4-lot Open Development Area with two frontage lots north of 5955 Shimerville Road. 1. All the conditions as identified by the Town Engineer. 2. An approved Landscape Plan. 3. Plumbing to be oriented to Shimerville Road to facilitate connections to future public sewer lines when available. 4. Homeowners Association to be reviewed and approved by the Town Attorney. 5. Recreation and Open Space Fees. Upon roll call – Ayes: All; Noes: None. Motion carried.

Patrick Costello requests a Change-In-Use from vacant to café at 10626 Main Street. James Callahan said this property is located west of Bank Street consisting of .5 acres in the Commercial Zone. Parking is proposed to the rear.

Maureen and Patrick Costello, 10367 Tillman Rd. said they would like to open a coffee shop/café. They have done research on a survey that was done by Clarence Hollow Association and this is one of the types of businesses that the residents would like to see.

Councilman McPherson asked if they had seen a letter from their neighbor Tina Tompkins Ames and they had not. She expressed concerns about parking. She asked that a back entrance be available to customers from the back parking lot. Mrs. Costello said they have been looking at that also. It would be better for them too.

Councilman Bylewski said the letter refers to outside dining also. James Callahan said that would be a separate request.

Supervisor Hallock said she is a member of the Clarence Hollow Association and does endorse the concept. She had concerns that people may use her front porch coming from other locations. This certainly fits in with the concept for the Hollow.

Councilman McPherson asked if they are aware of the architectural committee and would they be willing to work with them. The Costello’s said they would. They like the historical character of the building. They had no problem with any of Tina Tompkins Ames concerns.

Motion by Councilman McPherson, seconded by Councilman Kolber to grant a Change-In-Use from vacant to café at 10626 Main Street following the request of Tina Tompkins Ames letter of February 9, 2005 and the willingness of the applicant to work with the Clarence Hollow Architectural Review Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Clarence Soccer Club requests a Building Permit for an addition to the existing snack bar/restroom facility at the Clarence Soccer Center. James Callahan said the location is the existing soccer center at Clarence Center and Kraus Roads consisting of 30 +/- acres adjoining the Memorial Park expansion.

Kevin Curry and other members of the Soccer Club were present. They would like to donate services for the expansion. Councilman McPherson asked if the expansion includes septic? Mr. Curry said that is going to be looked at and further expansion of that is necessary.

Supervisor Hallock said the appropriate thing to do would be to refer this to the Planning Board to somehow work toward the long-term goal when all of the fields are completed. The Planning Board could also work with the Recreation Advisory Committee on this project because there are other sports groups that will use it. Kevin Curry said the facility is currently located by the soccer fields. He thought the plan called for another pavilion closer to the ball fields. They do have a good relationship with the other sports clubs.

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for a Building Permit for an addition to the existing snack bar/restroom facility at the Clarence Soccer Center to the Planning Board for review, and in addition this project be sent to the Recreation Advisory Committee for their review. On the question, Councilman Kolber said he has children playing in the Soccer Club, however this is ministerial. Upon roll call – Ayes: All; Noes: None. Motion carried.

Kathy DeRose requests Concept Plan Approval for a 4-lot Open Development Area at 5131 Kraus Road. James Callahan said the location is south of Greiner Road consisting of approximately 26 acres in the Agricultural Zone.

Kathy and Dave DeRose, 5145 Kraus Road said they had a commercial horse boarding business but they are downsizing their business. It is a challenge with all of the acreage. They have an offer from someone who also has horses. Joe Latona reviewed the existing road and said it would meet the standards for open developments. What they are proposing is in keeping with their association declaration and bylaws. They will file an amendment once it is approved. Councilman Bylewski encouraged them to contact Hans Mobius from the Farm Bureau.

Motion by Councilman McPherson, seconded by Councilman Bylewski to refer the request Concept Plan Approval for a 4-lot Open Development Area at 5131 Kraus Road to the Planning Board. On the question, Supervisor Hallock said she thought the road did not meet the specs, but that will be reviewed. Upon roll call – Ayes: All; Noes: None. Motion carried.

Carmina & Wood requests Concept Plan Approval for development of a new office building east of 8705 Sheridan Drive.

James Callahan said this property adjoins property that he owns, so he will have James Hartz handle the introduction of this project tonight and at all future meetings as well.

James Hartz said the property consists of approximately 5 acres and the proposal is use half of that for this project. The first 300 ft. is zoned Commercial with the rear in Residential.

Peter Casilio, 9170 Thompsonwood Drive, Mary Powell, 4354 Homestead Lane and Steve Carmina of Carmina & Wood were all present. Peter Casilio said the goal for the last 20 years was to move their family business corporate headquarters to Clarence. His family would like to build a signature building in the Town. They have come up with a concept for the Town and the Casilio family. There are partners and prospective tenants. They realize this is a professional corridor and have participated in five of the projects, the Erie Niagara Insurance and Ken Kurtz buildings among them.

Councilman Bylewski said the back of the property is zoned Residential. James Hartz said it may be the last 50 ft. The proposed zoning law shows the property as Restricted Business Zone and there are requirements regarding buffering. The Planning Board Executive Board discussed preliminary concerns with them yesterday.

Councilman Bylewski said the proposed zoning law has a building height limit of 35 feet. Peter Casilio said the current code is 45 ft. and the building design is according to the current code with the prospect of the new code. They are removing part of the site and making it somewhat like a walkout basement. Most of the building is at a 35 ft. height. Steve Carmina said the appearance from the residents behind them will be not be much taller than their homes. Terraces will also be created.

Councilman Bylewski said if this project is moved on for further review, would it be back to the Town Board for concept plan review based on how the project was set forth or would the Planning Board actually be approving the concept plan. James Hartz said it will all depend on the timing of the proposed zoning law, which requires the Town Board to grant concept plan approval. Councilman Bylewski asked if the project meets the current zoning? James Hartz said it meets the use objectives of the Sheridan Drive corridor. There are some issues with the proposed site plan regarding parking, the zoning line on the map. This site plan is a more higher-scale than what was envisioned for that corridor in his opinion. They certainly seem willing to work with the Town through these issues.

Peter Casilio said they met with the Planning Board Executive Committee regarding the issues. There was a great willingness by both sides to work at resolving the issues and moving forward.

Supervisor Hallock said the neighbors would like to be notified of future meetings regarding this proposal. James Hartz said once it is referred to the Planning Board, it triggers the notification process.

Motion by Councilman McPherson, seconded by Councilman Weiss to refer the request for Concept Plan Approval for development of a new office building east of 8705 Sheridan Drive to the Planning Board for further review. On the question, Councilman Kolber said the Casilio Company is working on behalf of someone who is trying to buy property from him, therefore, he will recuse. Councilman Bylewski said compliance with the Master Plan is the biggest thing at this level because they act as the gatekeeper. Although there may be aspects of the plan that do not comply, this project could be brought into compliance with the Master Plan. The applicant should be aware that if the zoning law does change, it might change the way the project moves forward. Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

Howard Melancon, 9775 Main Street said he would like to address the Board regarding the existing sidewalk ordinance. He thought it was going to be changed to have more teeth to it. He asked if there is a sidewalk ordinance in effect for the main corridors in Town, including Main St., Sheridan Dr. and Transit Rd.? Councilman McPherson said yes. Mr. Melancon asked why some properties along these roads do not have sidewalks. Councilman McPherson said the ordinance only applies to properties with sidewalks. Mr. Melancon said if you do not have a sidewalk, then people are forced into the street. Councilman Weiss said it is part of the rural character not to have sidewalks. Mr. Melancon asked if there is an ordinance requiring sidewalks and the answer was no. His point is that the ordinance should take care of the main arteries and then the secondary roads that do not have sidewalks. Some of the subdivisions do not have sidewalks.

Councilman Bylewski said he believes that in the new subdivision ordinance there is consideration of when sidewalks should be required.

Mr. Melancon said he checked with the DOT regarding the bridge over Sheridan Drive and they said it is the Town of Clarence’s responsibility to clear that sidewalk. He thinks if we are going to have the ordinance, it should be enforced. He thinks the ordinance is just poorly written right now. There are large subdivisions that do not have sidewalks.

Councilman McPherson said when they were originally approved, the people did not want sidewalks. Now that has changed. Mr. Melancon said the Town could have required them. Councilman Weiss said most legislation comes from public demand and at that time there wasn’t any. Councilman Bylewski said we are taking a different look at that now. Mr. Melancon said the sidewalks should go the whole length of roads like Main St.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Girls Softball League – April 9, 2005; Legion Hall Applications – A. Clarence Baseball Assoc. – Feb. 19, 2005; B. Matthew Schlabach – Feb. 20, 2005; C. Nehzat Goshtasb – Feb. 26, 2005; D. LaBruna Family – March 19, 2005; E. Maria Petrulla – March 26, 2005. 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 27, 2005 are approved for payment: General Fund – General Fund - $144,011.82; Highway Fund - $69,534.49; Water District - $1,259.00; Lighting Districts - $1,107.44; Sewer Districts - $3,532.04; Capital Fund - $57,886.99; Special Revenue – $8,435.22; and Trust & Agency 203 - $601.03 for a total amount of $286,368.03. On the question, Councilman Bylewski said there were two vouchers for NOCO, however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of February 10, 2005 are approved for payment: General Fund - $104,160.02; Highway Fund - $38,633.66; Water District - $33,206.83; Aquatic Growth District - $750.00; and Trust & Agency 203 - $5,323.00 for a total amount of $182,073.51. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 10:25 P.M.

Nancy C. Metzger

Town Clerk