02/11/04


A Work Session of the Clarence Town Board was held February 11, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:30 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 Director of Community Development James Callahan, Town Attorney Steven Bengart and Town Engineer Joseph Latona.

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

Fox Trace East Subdivision Public Hearing on Rezoning
Property consists of 64 acres currently zoned Agriculture. The proposed concept plan originally presented in 2003 has been rejected by the Planning Board. SEQRA review for the project has been completed with the issuance of a Negative Declaration on 12/17/2003. No concept plan exists. The Town is working on a town-wide zoning update that is considering changing this area to residential with changes in the minimum lot size. Also, the Town has requested that an environmental analysis be conducted to ensure that no residual impacts associated with an early 1980’s tire fire at the south end of the property is completed. Mr. Martucci called today and said they did soil testing and found no residual effects.


Lou Visone 9280 Main Street
Applicant is requesting a Change in Use to convert the existing vacant house to a professional office building and create a small parking area to service the rehabilitated office. The proposed site is located on the north side of Main Street east of Thompson Road.

Lou Visone 4720 - 4730 Goodrich Road
Applicant request approval to split existing property and create an 8 acre parcel for development into a 4-lot Open Development area, meeting all requirements of the Open Development section of the Subdivision Law. Councilman Kolber will recuse himself from this project; it backs up to his property.

United Rentals 4811 Transit Road
Existing large tool rental facility located on 7+/- acres in the Major Arterial Zone. Applicant made a similar request in April 2003 that was rejected by the Town Board.
The revised application involves a smaller portable loader to address some of the concerns of the previous Town Board. The issue is whether the use is considered a concrete mix plant which is strictly prohibited in the Major Arterial Zone.

Millionhair Salon 8180 Wehrle Drive
Applicant requests Development Plan and Architectural approval for construction of a 2600 square foot salon. Applicant is in the final stage of the review process after having received a Negative Declaration under SEQRA review, approval from the Town Engineer and a recommendation from the Planning Board for the project as designed. The setback has been adjusted to match adjoining properties. Project is subject to appropriate Open Space Fees.

Hidden Pond Subdivision Phase II, Part II
Applicant is seeking Final Plat approval and road dedication of 800 feet of Glen Iris Drive, 150 feet of Rosecroft Drive and 100 feet of Ferncrest Drive. All regulatory agency and departmental approvals are in order. Project is subject to $450 per lot Recreation Fee and $250 Open Space Fee.

Stonecreek Subdivision Phase V
Applicant is seeking Final Plat Approval on the approved design and road dedication of 800 feet of Landstone Drive and 400 feet of Lake Glen Court. Applicant is seeking to construct 19 lots on 13.28 acres. All regulatory agency and departmental approvals are in order. Project is subject to $450 per lot Recreation Fee and $250 per lot Open Space Fee.

Spaulding Lake Subdivision Part IV, Phase IV
Applicant requests amended Final Plat approval for 16 Planned Unit Residential Development (PURD) lots. Applicant is seeking to increase the lot size of sub lot 194, adding 30 feet in width to the sub lot.

Town Attorney Bengart asked if all the easements for the above aforementioned projects have been filed with Erie County Clerk’s Office. Town Engineer Latona stated that he thought they were filed under map cover. Town Attorney Bengart stated that starting now and going forward, any easements or right-of-ways being granted to the Town
must be recorded with Erie County Clerk’s office.

K2M Architects 9992 Main Street – Frey’s Old Time Furniture Plaza
Applicant is requesting to construct a new roof on the existing flat roof structure in the rear currently housing Ingalsbe’s Appliance Store.

K2M Architects 10225 Main Street - Victoria Park Plaza
Applicant requests Concept Plan Approval for Phase III of the build-out plan by developing a new 8550 sq. foot building on the northeast corner of the property and adding required parking to accommodate the new use. The proposed site is located on the south side of Main Street, west side of Shisler Road.

Douglas Klotzbach 10998 Keller Road
Applicant requests an Open Development Area on 6.95 acres in the Agricultural Zone.
The number of lots and the configuration should be analyzed to ensure compliance with local regulations.

John Russ 9605 Clarence Center Road
Applicant requests a Change-in-Use from vacant to Millwork Shop in the former Yoder Brother’s facility. Applicant is seeking to utilize the existing barns to the rear for millwork wood shop and the front portion for retail sales. The existing yard would not be utilized.

Supervisor Kathleen Hallock
Supervisor Hallock will set a Public Hearing for March 10, 2004 @ 7:45 P.M. to consider amendments to the Town of Clarence Alarm Code.

Supervisor Hallock will make a motion to accept Town Historian Mark Woodward’s Annual Reports for 2002 and 2003.

The February 25, 2004 Work Session will begin at 6:00 P.M.

Supervisor Hallock has four applicants that she would like to recommend for appointment to the Bi-Centennial Committee. In accordance with the Organizational Minutes, she will forward the applications to the Town Board and make a motion approving the appointments at the February 25, 2004 Town Board meeting. The committee will consist of a maximum of 12 members.

Supervisor Hallock received the point summaries for the Length of Service Awards Program for three fire companies.

Supervisor Hallock will make a motion to appoint Parks Security Office Alan Wolbert to the position of Deputy Chief Security Officer. Instead of two Co-Chief Security Officers, we will have one Chief Security Office and one Deputy Chief Security Officer with no change to the 2004 budget funding.

On Monday, March 29, 2004 the auditorium will be used for Board of Assessment training. Joe Maciejewski from Erie County Real Property will be using the auditorium from 6:00 P.M. – 9:00 P.M.


Councilman Ian McPherson
The Supervisor and the Erie County Sheriff have worked it out to have a speed trailer on designated roads. The Highway Department and the Traffic Safety Board have recommended several roads that would benefit from this: Clarherst, Millcreek, Michael Douglas, Harris Hill, Kraus, Clarence Center and Old Goodrich. There is no problem with the trailer being on either a Town road or County road.

At the February 25, 2004 Town Board meeting, the purchase procedure and public hearing date will be announced for the purchase of the soccer center from the Clarence School District.

Councilman McPherson will make a motion authorizing NYSEG to activate nineteen street lights on Main Street in the Hollow’s parking lot and nine street lights in the Ranch View Subdivision.

Eastern Hills Rotary is hosting a Monte Carlo night on March 21, 2004. The Rotary Club has a sign they can borrow and put up at the Main Street Park entrance. They are requesting the Parks Department pickup the sign from the dome on Wehrle Drive and transport it to the Main Street Park. The Town Board was in agreement with this. The Eastern Hills Rotary is raising money to purchase playground equipment for our parks.

At the Senior Center Board meeting, the subject of CPR Training was brought up. In the past, it has been done by the fire company. The fire company does not want to do this any more and there is now a cost factor involved to receive the training. Councilman Bylewski will check with Harris Hill VFC to see why they are discontinuing the training. This will cost approximately $900. if we have to get outside training and it is a non-budgeted item.

Councilman Scott Bylewski
Councilman Bylewski has a correction to January 21, 2004 minutes.

Pursuant to our Master Plan, the Planning Department has been working on the development of a notification policy for items that are on the agenda. Councilman Bylewski presented a rough draft of the notification policy. This policy supersedes but does not replace any notice required by law. Councilman Bylewski’s concern was to have something in writing to show that the Planning Department did follow the procedures that have been established.

Councilman McPherson suggested language in terms of discretion by the Planning Office for items that are not controversial; Councilman McPherson is against things that interrupt due-process.

“Additional notification to be made at the discretion of the Director of Community Development” will be added to the notification policy.

Councilman Bylewski received the Central Fire Alarm report for January 2004.

Several questions have come up regarding the GIS presentation at the February 4, 2004 meeting. Town Engineer Latona will address the questions.

Councilman Bylewski will reintroduce a resolution regarding prohibition of dual office holding. This will prohibit any one person from simultaneously holding a seat on any two or more boards without such person obtaining a supermajority approval of the Clarence Town Board and without the Clarence Town Board specifically setting forth its reasons. Councilman Bylewski will set a Public Hearing for March 10, 2004 at 8:05 P.M. to discuss this local law.

In reference to the bike paths, Councilman Bylewski stated that in other municipalities where there are crosswalks they put a specially designed traffic cone with signage indicating that per state law, vehicles are to stop for pedestrians. The cones are placed in the center of the street. Councilman Bylewski is suggesting possibly installing something similar to this on Goodrich Road and on Main Street. He has seen them on state roads. Councilman Bylewski is suggesting that possibly the Traffic Safety Board could look into this. Councilman McPherson stated that he has never heard of this. All of our crosswalks are done according to the standards of the roads they cross and exceed the standards. Councilman Bylewski felt this would be an added level of precaution. Town Engineer Latona will research this.

Councilman Joseph Weiss
Town Assessor David Folger is looking for applicants to the Board of Assessment Review as an alternate. One of their regular members has had a job transfer which may or may not become permanent. The applicant should be a state certified appraiser.

There is a Public Hearing scheduled for this evening at 7:50 P.M. to consider adoption of a Local Law setting a two-year term for the positions of Director of Community Development and Assistant Director of Community Development. This will require a mandatory referendum. The Assistant Director of Community Development is Civil Service. The public hearing will be held to get everyone’s opinion. The procedure requires us to adopt a local law within sixty days of the general election.

Councilman Weiss will set a Public Hearing for March 10, 2004 at 7:55 P.M. for revisions to the Plumbing Ordinance and Plumbing Permit Fees.

Councilman Weiss will set a Public Hearing for March 10, 2004 at 8:00 P.M. for Private Improvement Permit modifications to the Public Improvement Permit Ordinance.

Councilman Weiss attended a Youth Center Board meeting. They are targeting additional areas for service. They are working on a questionnaire to determine additional needs in the town for our youth.

The school board is working on the initial draft for the school budget. There is a joint meeting scheduled with them on April 26, 2004 to discuss enrollment numbers and future planning.

Councilman Bernard Kolber
Parks Crew Chief John Burns is requesting a fund transfer.

The Zoning Board of Appeals is requesting we raise the fees for ZBA applications. The present fee is $50. They are requesting the fee be raised to between $150 and $200. They felt this would cut down on some of the more frivolous application request. Councilman McPherson suggested a sliding scale for certain variance requests.

The ZBA is also requesting limiting the number of agenda items in order to give adequate and proper attention to the requests being presented. This request is in reaction to several large meetings which had ten items on the agenda. There is some concern that this may push things to far ahead. It was suggested that the number of agenda items be limited to six or seven items and it is not necessary to add an additional monthly meeting date.

The ZBA has granted variances subject to certain conditions, there have been instances where these conditions have been violated.

The residents meeting scheduled for February 23, 2004 has been rescheduled for March 8, 2004 at 7:00 P.M. in the auditorium.

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

Darcy A. Snyder
Deputy Town Clerk