02/22/06


A Work Session of the Clarence Town Board was held on February 22, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council member’s Scott Bylewski, Joseph Weiss, Bernie Kolber and Pat Casilio. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, and Assistant Director of Community Development James Hartz, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, and Director of Administration and Finance Pam Smith

Councilman Weiss asked that the Planning Department keep the agenda to a minimum. There are 14 items on the agenda tonight and Councilman Weiss did not feel the Board could possible review and digest each item properly.

Assistant Director of Community Development James Hartz stated that his department will rely on this Town Board when reviewing items in the Work Session to indicate what they want on the next Town Board agenda. It was suggested that when there is a full agenda, an additional Work Session be scheduled.

Public Hearings:

Public Hearing @ 7:45 P.M. – Annual Master Plan 2015 Review.

Public Hearing @ 7:50 P.M. to solicit comments regarding the relocation of Cobey Inc. 9505 Main Street into the Economic Development Zone in Buffalo.

Supervisor Hallock announced at the February 1, 2006 Work Session that Cobey Inc. located at Main Street and Gunnville Road is moving to the Empire Zone in the city. She will make a motion to consider passing a shift resolution tonight indicating that we know that this company is shifting from one municipality to another. A representative from Cobey will be present to answer any questions.

Formal Agenda items:

Casilio Companies 8755 Sheridan Drive
Applicant is requesting a Special Exception Use Permit for development of an office building greater than 10,000 square. The proposed site is located on the south side of Sheridan Drive, east of Boncrest Drive on existing vacant land consisting of approximately 4.9 acres zoned Restricted Business. A Negative Declaration under SEQRA was issued on December 7, 2005. The Planning Board has forwarded a recommendation for an office building not to exceed 10,000 square feet. As identified by the MRC and Planning Board reviews, size and scale of the building is out of character to the surrounding uses.

Windsor Ridge Partners
Applicant requests preliminary concept review of a proposed 87-lot residential subdivision. Submittal as designed is for an incentive lot development with 25% open space identified in the design. The proposed site is located on the west side of Harris Hill Road, north of Sheridan Drive. The applicant has forwarded several different proposals throughout the past ten years, none of which have received a concept approval. The property consists of approximately 81.3 acres zoned single-family residential with Restricted Business Zone along Sheridan Drive frontage. Issues of concern include infrastructure extensions and the adequacy of facilities will need to be determined including traffic issues along Harris Hill Road. Several Draft Environmental Impact Statements have been generated on various concepts for this land in the past. Segmentation will be an issue on the subdivision design as submitted as the Sheridan Drive and Greiner Road frontages are not identified. This is outside the sewer district.

Paul Marinaccio 8905 Lapp Road
Applicant is requesting preliminary concept review of a proposed residential development in the Agriculture Rural Residential Zone. Applicant is proposing to construct a public road from Lapp Road connecting to Hearthstone Drive for the purpose of accommodating 13+/- residential lots. The proposed site is located on the south side of Lapp Road between Green Acres and Heise Road on existing vacant land consisting of approximately 40+/- acres zoned Agriculture Rural Residential. NYS Realty Subdivision Law stipulates 4 lots less than 5 acres every 3 years. Other areas of concern are lack of drainage, wetland issues and infrastructure capacity issues.

Christopher Carollo 8710 Clarence Center Road
Applicant is proposing to demolish the existing home for the purpose of constructing 2 new homes on the property. The existing vacant home is situated on 5+ acres in the Residential Single-Family Zone on the north side of Clarence Center Road, west of Shimerville Road. The existing home proposed for demolition is greater than 50 years old, it must be reviewed a Type I Action under SEQRA.

William Reister 6085 Gott Creek Trail
Applicant requests a Special Exception Use Permit for development of a secondary living unit. Applicant is proposing to construct an addition for the purpose of housing an additional family member. The proposed site is located on the southeast corner of Gott Creek Trail and West Point Drive on approximately .65 acres in the Residential Single Family Zone. Per the Zoning Law, the Town Board may consider a Special Exception Use Permit for the in-law apartment.

Todd Anderson 7871 Transit Road
Applicant requests a building permit and architectural approval for construction of a new office building in the Major Arterial Zone. The proposed site is located on the east side of Transit Road, north of Wolcott Road at the existing trucking operation located on 9.7+/- acres in the Residential Business Zone. The area is located within the Density Flood Zone and Restricted Business area. Previous enforcement action on the original use of the property – office construction should work to screen some of the vehicle storage areas. Town Engineer Latona requests that this item be tabled; he has not seen the project and requests that the applicant submit a plan addressing the drainage prior to the Town Board taking any action granting a building permit.

People Inc. 8099 Sheridan Drive
Applicant is seeking Development Plan and Architectural approval for previously approved concept (the Town Board has issued a Special Exception Use Permit for the development of a 50 unit senior housing project). The proposed site is located on existing vacant land consisting of approximately 5+ acres on the east side of the Sheridan Drive entrance to the Eastern Hills Mall in the Commercial Zone. All regulatory agency and departmental reviews and approvals are in order. The applicant stated that they are aware of the snow plowing that goes on all night long at the mall during the winter months and they further stated that they are aware of the lights that are left on in the mall parking lot.

Chris Caito 9061 Clarence Center Road
Applicant requests a Special Exception Use Permit for relocation of an automotive repair operation from Goodrich Road to 9061 Clarence Center Road. The proposed site is located on the north side of Clarence Center Road, east of Heise Road on 1.76+/- acres in the Commercial Zone.

Brian Sayers 4652 Shisler Road
Applicant requests a building permit and architectural approval for a 1,400 square foot accessory structure in the Commercial Zone. The proposed site is located on the west side of Shisler Road, south of Main Street at the existing tree maintenance company located on 3.14 acres zoned Commercial. The proposed structure conforms to all setback requirements in the Commercial Zone.

Eastern Hills Wesleyan Church 8445 Greiner Road
Applicant requests concept approval for a 20,000 square foot addition to existing church facility located on the south side of Greiner Road, west of Harris Hill Road on approximately 34 acres zone Residential Single-Family. Per the Zoning Law, the Town Board will need to approve a Special Exception Use Permit to allow an expansion of greater than 10,000 square feet.

Nancy Miller 10120 Lapp Road
Applicant requests a one lot minor subdivision. Mrs. Miller is proposing to split the existing parcel to create an additional residential building lot in conformance with the Zoning Law. The proposed site is located on the north side of Lapp Road, west of Strickler Road affronting Beeman Creek Park. The existing residential property consists of approximately 2.75 acres with 400+/- feet of Lapp Road frontage. The lot is in conformance with the Zoning Law. A variance was sought and denied to allow for a reduced lot size at this location.

Work Session items:

Bison Nursery 9000 Main Street
Applicant requests a Building Permit and Architectural approval for construction of an accessory structure in the Commercial Zone. The proposed site is located on the north side of Main Street, east of Shimerville Road at existing nursery operation located on 2.02 +/- acres zoned Commercial. The proposed accessory building meets all setback requirements in the Commercial Zone.

Carl Frizlen 9435 Main Street
Applicant is seeking conceptual approval for a mixed-use development including a 14,000 square foot office building, six town-homes and 12 condominium units. The proposed site is located on the south side of Main Street, opposite Goodrich Road intersection on existing vacant land consisting of 21.3 +/- acres with 300 +/- feet of road frontage, zoned commercial along the frontage/Agriculture Rural Residential to the rear. Per the Zoning law, the Town Board has discretionary authority to approve Special Exception Use Permits for Multiple-family housing in the Commercial Zone. Also, depending upon the type of on-site sanitary facilities proposed for the residential units, the Town Board may have an issue with the development of a private sewer corporation. If the sewage works corporation dissolves, it becomes the Town’s responsibility.

Supervisor Kathleen Hallock

Several weeks ago Supervisor Hallock and Councilman Casilio attended a NEST reorganizational meeting and they indicated they wanted resolutions from all the Towns appointing delegates and alternate to the NEST Committee. Supervisor Hallock will appoint Don Adams alternate as Chairman of the Recycling Committee and Councilman Casilio the alternate.

Supervisor Hallock received notice from the NYS Department of Transportation regarding work being done on Sheridan Drive.

Supervisor Hallock sent up a demonstration for a 5-year accounting program for the May morning Work Session.

Dawn Trippi will be working in the Council office on Monday.

Councilman Scott Bylewski

Councilman Bylewski has several corrections to the minutes.

Councilman Bylewski has several items to report on regarding Adelphia Cable.

Today was the last day to submit applications for the Planning Board alternate, Municipal Review Committee and Historic Preservation Committee. Three applications were submitted; one person expressed an interest in serving on all the various committees.

Councilman Bylewski reminded the Planning/Zoning Office to work on the amendments to both the Zoning Law and Subdivision Law. We are interested in seeing the Open Space development design becoming the primary design. The SEQRA review should begin on the MRC and Historic Preservation Law. There has been talk about tax incentives along with Historic Preservation designation.

Councilman Bylewski will make a motion granting approval for James Callahan to attend the National Planning Association Conference.

Councilman Bylewski will report on the number of building permits issued for the month of January.

In the Rock Oak Newsletter, there is some concern among the residents regarding the garbage district. It was determined that they would be part of the district but not part of the negotiated contract.

Councilman Bylewski reminded all Board members to remind all their boards and committee members to submit their disclosure forms if they have not all ready done so.

There was a discussion regarding Adelphia Cable and Verizon. There are a number of areas that are not serviced by Adelphia Cable, particularly along Salt Road. If they don’t have cable they can not get DSL service. Adelphia is in the process of upgrading infrastructure.

Councilman Kolber stated that Rock Oak residents have satellite access; they do not have Adelphia because Paul Stephen owner of Rock Oaks also owns Intertech Dish Network. Verizon is in the process of upgrading their cable service in several towns the reason why it is not available in Clarence is because most of the properties are outside of the line to the switching station. Councilman Kolber further stated that if your cable service goes down for a day or so, you can request a refund.

Councilman Joe Weiss

Councilman Weiss has one item to discuss in Executive Session.

Councilman Weiss will give a report regarding Day in the Park.

Councilman Bernie Kolber

Councilman Kolber will announce an opening on the Library Board, Betty McMahon is resigning.

The Library is requesting the Town donate money in some capacity for new books, they have not purchased any new material in two years. The books would go into the Clarence Public library system.

Councilman Pat Casilio

Councilman Casilio will make a motion authorizing the activation if two street lights in Waterford Village.

Councilman Casilio will announce openings on Traffic Safety, Clarence Senior Center, Recycling Committee.

Councilman Casilio has a request for the installation of a street light on Lapp Road, he is in the process of obtaining a price.

Councilman Casilio suggested a lighting audit for the town. An audit was done five years ago and the Town received $90,000 refund. It is a free service if they can not get a refund for the town.

A bid date has been set for March 8 to accept bids for the garbage district. March 20 is the informational meeting open to the public and March 28 is the vote. There will be no absentee ballots.

Councilman Casilio stated that when he attended the Association of Town’s, he attended a work session on Solid Waste.

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

There being no further business, the Work Session adjourned at 7:00 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:25 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 22, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

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

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Building Inspector David Metzger, Youth Center Director Dawn Kinney and Planning Board Chairman Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held February 1, 2006. On the question, Councilman Bylewski had the following corrections: page 39 – correct spelling of Wendy Salvati from Wendy Silvati; and page 46 – Adelphia is upgrading their hardware to upgrade on demand service, not internet service. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the minutes of February 8, 2006 will be approved at a later date as the Town Clerk was quite busy collecting taxes.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Whereas, the Town of Clarence is a member of the Northeast-Southtowns Solid Waste Management Board, with Donald Adams, Chairman of the Town of Clarence Recycling Committee serving as the Towns’ permanent representative on the Board; and
          Now, therefore, be it
          Resolved, that in the event the Recycling Chairman is unable to attend a meeting of the Board; the Clarence Town Board designates Town of Clarence Councilman, Patrick Casilio as the alternate, and be it further
          Resolved, that a certified copy of this resolution be sent to the Chairman of the Northeast-Southtowns Solid Waste Management Board and the Erie County Department of Environment and Planning.
          On the question, Supervisor Hallock said the Recycling Committee will be renamed sometime this year to the Solid Waste Recycling Committee.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock received a letter from the NYS Dept. of Transportation regarding Project Notification for the 2006 Construction Season. The Preventative Maintenance Initiative proposed for Clarence is resurfacing of Sheridan Drive from Transit Road to Main Street. Project start dates will be dependent on funding availability.

Supervisor Hallock announced the 198th Birthday of the Town of Clarence will be celebrated Saturday, March 11, 2006 from 1 to 4 pm at the Town Park Clubhouse. This is one of many events leading up to the Bicentennial in 2008.

Supervisor Hallock congratulated the Youth and Recreation Department and the Chamber of Commerce on the Winterfest event. Some lost items were found at the park following the event: eyeglasses in the parking lot in front of the Clubhouse, a light green girls’ hat and a light blue headband. Anyone who is missing these items can call the Youth Department or the Supervisor’s office.

Councilman Bylewski received a Notice of Adjournment for the Adelphia 341 Meeting which has been rescheduled to March 29, 2006 at 2:00 p.m. in New York City. There is also a Notice of Posting of Participants’ Final Issues Related to Resolution Process and a Notice of Adjournment of (1) Hearing on Confirmation of Debtors’ Fourth Amended Joint Plan of Reorganization and (II) Related Voting and Objection Deadlines. These documents are available in the Town Hall.
          Councilman Bylewski said we received a check from Adelphia in the amount of $80,176.42 for payment of the franchise fees for the period of July 2005 to December 2005. This represents 3% of the total revenues in the amount of $2,672,533.67.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the Historic Preservation Law Draft to the Municipal Review Committee to begin the SEQR process. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission for Director of Community Development James Callahan to attend the National American Planning Association Conference in San Antonio, Texas from April 23 through April 26 with all necessary and related expenses. On the question, Councilman Bylewski said the purpose is for Mr. Callahan to accept the National Planning Award for the Clarence/Amherst Youth Planning Project. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski reported the following Single Family Dwelling Statistics for January 2006 as: 5 in subdivisions and 2 outside of subdivisions. There were 5 in subdivisions and 2 outside in January 2005. Going back to January 2004, there were 10 in and 2 out.

Councilman Weiss stated that James Callahan is not with us tonight as his father passed away. He extended the sympathy and prayers from the Board to the Callahan family.

Councilman Weiss said they were hoping that more groups would step up to participate in the Day in the Park event. It is a great opportunity to have some fun, make some money and participate in something good for the Town. The next meeting will be held March 3rd at 8 am and anyone interested is invited to attend.

Motion by Councilman Kolber, seconded by Supervisor Hallock to accept, with regret, the resignation of Betty McMahon from the Library Board of Directors effective March 15, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said they will be accepting applications for the Library Board until March 24, 2006 for the term to expire 12/31/08.

Councilman Kolber said we have received a number of comments from people in Town who cannot get DSL service from our telephone vendor. He suggested that the Town Board request that Verizon upgrade their service.
          Councilman Kolber said Adelphia has been upgrading their system throughout the Town and left some without service for a day. If you call them, they will credit you for the day that you did not have service.

Councilman Kolber said if anyone has a streetlight out in their area, they should call it in. It will be determined if the Parks Department or NYSEG will fix them.

Councilman Casilio said we had a very successful Winterfest. He thanked Dawn Kinney, Youth Department and Jamie Keller from the Chamber of Commerce for all of their help. He also thanked Chad Hawes, Chief and Jason Schlabach from Clarence Fire Company and David Case, Chief from Clarence Center Fire Company for their participation in the event.

Councilman Casilio announced that there are openings on the Traffic Safety Board, Senior Center Board and Solid Waste Committee.
          Proposals have gone out for the pick up of municipal solid waste and will be opened on March 8th. Councilman Casilio said an informational meeting will be held on March 20th to announce what the cost would be. The referendum vote will be held for owners of real property on March 28th from 7 am to 8 pm at the Town Hall.

Motion by Councilman Casilio, seconded by Supervisor Hallock to authorize NYSEG to activate a total of 9 streetlights in Waterford Estates, Phase II, on Corinne Lane and Curry Lane, as per the NYSEG street light layout, NYSEG proposal and as per as-builts submitted. Standard, fixtures and underground conductors to be installed by the developer. Conductors, fixtures and standards to be owned and maintained by the Town of Clarence. Connection, energy lamp and photo electric eye replacements to be supplied and maintained by NYSEG under the terms and conditions covered in NYSEG’s street lighting agreement with the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Supervisor Hallock to authorize NYSEG to activate a total of 9 streetlights in Waterford Commons, Phase II, on Shannon Court and Monaghan Lane, as per the NYSEG street light layout, NYSEG proposal and as per as-builts submitted. Standard, fixtures and underground conductors to be installed by the developer. Conductors, fixtures and standards to be owned and maintained by the Town of Clarence. Connection, energy lamp and photo electric eye replacements to be supplied and maintained by NYSEG under the terms and conditions covered in NYSEG’s street lighting agreement with the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that a meeting of representatives from the service organizations will be held February 27, 2006 at 7:30 P.M. at the Legion Hall.

Department Reports

Dawn Kinney, Youth Director said the first Winterfest was a huge success with approximately 1,500 people attending. We were fortunate with the weather. It was a success due to the joint effort made by the Town, service organizations and Clarence High School students. They look forward to making this an annual event and anyone who would like to participate on the committee should contact her.
          Dawn Kinney announced that on March 31st, the Youth and Recreation Departments are having their second Middle School Mixer. Tickets will go on sale at a later date.

Public Participation

Mary Powell, 4353 Homestead Lane and President of Casilio Companies said in regard to item 14, that they are following current zoning, which allows them to apply for a Special Exception Use Permit. The project is on a four-lane State highway. Primary uses in this area are commercial and light industrial. The tax benefit to the Town of Clarence is five times greater if it is granted. She asked that the project be looked upon favorably tonight.

Donna Cius, 4725 Boncrest East asked that consideration, in regard to the proposed Casilio project, it is directly behind a residential neighborhood and will be overlooking their backyards. It leaves 50 ft. of brush and sparse trees. It is not the one-story building that they were told would be in their backyards.

A gentleman said he has a business on Main Street in Clarence. He is outgrowing that building and does not know where he could go to find a class A building to move to. He sees no downside to the Town for the proposed new building in item 14. He requests that this project be approved.

Ron Claydon, 4710 Boncrest East asked the Board to consider the impact that the Casilio building will have on their neighborhood. They are not against the Casilio’s, but against the three-story monstrosity of a building. They prefer not to have light from the building and the lack of privacy from three-stories into their backyards. They are not against having businesses there, just the size of that building.

Jim Cius, 4725 Boncrest said in regard to item 14, he came to the Town a year ago when he purchased his home and was told that the area was earmarked as a medical corridor with low profile one-story buildings. The proposed building has changed over the year. It is a beautiful building, but it is too large for the site. If he would have known that something that large would be there, he would not have purchased his home. Some of the neighbors feel the same way. It is too big for this site and he asked that the Board say no.

George Ann Walter, 4706 Boncrest East said in regard to item 14, she also feels that it is too large for the site. There will also be an impact on traffic in the neighborhood, which also has an elementary school. She believes people will want to find a shortcut. She asked that the project be denied.

Irv Roy, 4715 Boncrest East said in regard to item 14, he has nothing new to add. The Planning Board forwarded a recommendation for an office building not to exceed 10,000 sq. ft. The building is too large for the site and will be directly north of his property. He asked the Board to consider not allowing a building of that size on the site.

Bob Lowe, Erie Niagara Insurance said they came to the community with 40 employees in 1993 and now have 70 employees. Steve Carmina was the architect and Casilios built his building. They also went through controversy when their building was proposed. He believes that they have been good neighbors to those around them. The acreage and footprint are similar. He added that the Casilios are part of the community and committed to the community. He does not think they would do anything that is not in the town’s best interest. He asked that the Board vote favorably on their project.

Phil Casilio said he is in sales and estimating with Casilio Companies. He feels the concerns of the proposed project about size, buffer, traffic, etc. is being dramatized. It is on a five-lane highway. There are buildings in the area that are larger. They intend to add to the buffer and will address every concern of the neighbors. The final design is a world class architectural building. There is a subtleness and romance to the building that makes it a good architectural product that fits the neighborhood.

Renee Desai, 5161 Ledge Lane said she is very concerned about exceptions to the Master Plan. There are too many. If the Planning Board recommended sticking to the 10,000 sq. ft., then that is what should be done.
          Councilman Kolber said the Planning Board cannot recommend beyond 10,000 sq. ft.

Jamie Keller, President of the Clarence Chamber of Commerce said they offer support for the Casilio project on Sheridan Drive. The economic impact and in keeping with the Master Plan supports business growth. Their position is based on the assessment of needs regarding the limited inventory of class A office space in our Town. The project is also located in the newly classified enhancement zone. The change in zoning along Sheridan Drive from Commercial to Restricted Business was not to eliminate projects greater than 10,000 sq. ft., but to afford the Town the opportunity to work with commercial developers to construct projects with a unique aesthetic appeal that Clarence neighborhoods desire. The Chamber is in support of this project.

Linda Claydon, 4710 Boncrest Drive said in regard to item 14, while she agrees that the building will fit the layout of Sheridan Drive, she hopes that the Board does not forget the lack of buffer to the neighborhood behind it.

Pete Gorton asked if the residents will have an opportunity to ask questions about item 15. James Hartz said if the project is moved to the Planning Board, there will be a neighbor notification and the public is allowed to speak. The policy is 500 ft. and anyone else wishing to be added to that list can.
          Pete Gorton said he has nothing against the Casilio project and he thinks the building looks nice. He does not live right near it, but we need to address the cumulative effects on Sheridan Drive from all proposed projects. Once a project receives a Negative Declaration, it moves forward without public review. If you are not given the chance to review and ask questions about projects, then we are missing the point. He asked that cumulative effects be considered.

A Public Hearing was held for the Annual Master Plan 2015 Review. James Hartz said this is the annual review to allow the chance to look at the visionary policy that the Town established in 2001. We should look at the goals, are we on the right track, have we accomplished what we need to accomplish according to the action plan that has been adopted and are there any changes that need to be made. Mr. Hartz said the process would be that if any comments are received on changing the comprehensive plan, they be referred to the Planning Board for further review in accordance with the amendment policy.
          Councilman Weiss said he made a proposal to reduce the limit on the building cap. He forwarded the information to the Municipal Review Committee. They forwarded back a document with their findings, which suggested limiting the growth cap by 8.5% per year until the total reduction is 40%. It should be forwarded to the Planning Board for further review.
          Councilman Bylewski said we have a memo prepared by James Hartz regarding the fiscal impact analysis of 2005 land use permits. The Town issued 70 commercial and industrial building permits in 2005 with total value of the added space of $8,222,700 or $73/sq. ft. area. This represents the highest value per square foot area that the Town has seen in the last three years.
          The net revenue is down from last year because we did not build another big box retailer such as Wal-Mart in 2004. He believes that the real positive numbers will be in the net increase of assessed value from the renovated Eastern Hills Mall and The Shops at Main Transit. Good land use practices encourage the renovation of existing commercial spaces rather than additional greenfield development.
          The Town issued 123 new single-family building permits last year with 52 outside of subdivisions. This is the largest percentage of homes built outside of subdivisions in nine years. The overall assessed value increase is estimated to be about $43,274,000. The average new home was 4,468 sq. ft. and valued at $351,824.
          According to the Fiscal Impact Model developed by the Center for Governmental Research, the estimated impact on the tax levy would be $4,489 to the Town & Highway budget and +$204,726 to the Clarence School District budget. The average unit had an overall net impact of $1,700. This is the first year out of the last five that residential growth has been shown to have a positive impact on the Town & Highway budget. Councilman Bylewski thanked Mr. Hartz for preparing the annual memo.
          Speaking to the subject:
          Supervisor Hallock said they learned at the Association of Towns conference that you do not have to give your address if you do not want to because it could be published.
          James Blum, 5509 Martha’s Vineyard said he believes we have made progress by adopting the Zoning Law and Subdivision Law, but it has been almost four years. It is now almost five years later working toward the Tree & Landscape and Adequate Public Facilities laws. Now we need consistent, determined and continuing enforcement of the related laws.
          Mr. Blum said residents continue to be concerned with what the Town will look like when it is built out. We should restrict building along roads where a vista is important to save woods, streams, escarpments and other interesting natural features.
          He believes that limits on the number of housing units built each year should be an established policy of the Town. We need to have limits on all types of housing categories in order to properly consider the demand on public facilities.
          Mr. Blum said we need protection for existing trees and plans to become a Tree City. The Tree & Landscape Law needs to be implemented.
          Mr. Blum would like to see more interest in neighborhood parks. A neighborhood park should be within ˝ mile of any subdivision house so it is convenient to walk there. They can be maintained by the homeowners associations or the Town and should be considered in subdivisions now under review. Mr. Blum said we may need over 100 acres more developed parks by 2015.
          He is concerned about a transportation plan. In regard to infrastructure upgrades, there is no mention of police and court.
          Mr. Blum said this is the fifth annual review and progress has improved significantly in the last year. We now need vigilant enforcement.
          Councilman Weiss thanked Mr. Blum for his input on these items over the past several years. He also thanked the Planning Board for the good work they do in reviewing all of these projects.

Pete Gorton said he is very happy with the Master Plan and some of the things going on over the last few years like having concern for the residents. He has nothing against developers, but the Town Board needs policies so that all people in the Town are protected. One of the problems he had when the Master Plan was approved was that it never went through an EIS.
          James Hartz said an expanded Part III environmental review was done. There was a complete EIF and public review done.
          Pete Gorton said that was approved by the previous administration in a fast track mode. His point is that a major thing in the Town has not gone through a formal public comment. He had a lot of comments regarding the Master Plan and they should have been formally addressed and what the solutions would be. He believes a closer look should be given to the SEQR process.

Supervisor Hallock received a letter from a resident of the Farmington Woods area saying they have seen many changes in their quality of life. Many of these changes are not positive such as traffic and noise pollution. This was once a quiet peaceful suburb. Transit Road is a major artery, but we have enough restaurants, banks and stores. She believes the area should be down-zoned to something like neighborhood businesses. It would offer a respite from the craziness created along Transit Road.

Supervisor Hallock also received other comments, one to have the land use map updated with the current subdivisions. Another was to consider zoning for flex-units in addition to patio homes.

Councilman Bylewski said in regard to the growth cap, he believes we need to look at other types of residential units in addition to single-family residential units. As part of the Master Plan Review process, he is asking the Planning Board to take a look at the Building Department Report.
          He believes we should also review, from page 34, the limit on the number of sewer taps issued on an annual or monthly basis. Especially in light of the fact that we have been informed, at least in theory, that we do not have much more capacity.
          We always hear from the development community that we must grow or die. Councilman Bylewski said he thinks it is about adapting and changing. The Erie County Sewer Authority said that the entire infrastructure coming out to the second ring suburbs meant there were additional people. We have a city loosing population and expanding rapidly into the second ring suburbs further stretching out our infrastructure. We need to look at our planning practices as a region. The Town also must make sure our planning and growth practices are in conformance with our Master Plan and with a changing and adapting situation.

Councilman Weiss said the complexities with these projects are great in terms of traffic, schools and sewers. We should maintain the semi-rural community and push some of the growth back to the city where the infrastructure lies.

Victor Martucci, 10040 Highview Ct. said he had to respond to some of the comments about shooting the city. He is vice president of Marrano/Marc Equity Corporation. He believes that the comments that residential development in the suburbs is at the expense of the city could not be further from the truth. The city has done a market research study, which found that there are very distinctive markets for suburban residential housing and city residential housing. If the city does what it is supposed to do for residential development, they will come. His company developed two suburban style residential developments in the heart of the city of Buffalo. The point is that they are not sacrificing the city by developing in the suburbs. They are completely different markets. It will not help Buffalo to shut down development in this Town.
          Mr. Martucci said these very people telling you that they want you to limit growth will be back here in 5-6 years when their taxes have gone through the roof because you stymied growth in the residential tax base. The recent experience in residential growth in this town is a net gain. It holds down taxes for existing tax payers. We need to get the evidence straight on what the impact of suburban development is on the city.

Councilman Byelwski said he agrees that they are different markets, but the Town has entered into distinct land use practices over the last few years that perhaps are adding to the benefit of the Town of Clarence.

Councilman Weiss said Mr. Martucci’s calculations do not include the failing sewers, roads and the bond issue for the schools. There was no cost side on that study.

Councilman Kolber said there is only a positive impact until you exceed your capacity of infrastructure, police, schools, roads and sewers. They all have to be upgraded or improved and then the costs go through the roof. If you do not keep the hyper growth from going on, eventually it will hit the wall and we will be killed with taxes.

Noel Dill said a large part of what happened to Buffalo was poor choices in planning and moving major public facilities away from downtown. He does not believe that has anything to do with Clarence other than the impact of where people work related to where they make their home.
          Mr. Dill said there needs to be a balance in all kinds of planning. He believes one of the biggest ways to create sprawl is by increasing lot frontages requirements. Things like traditional neighborhood style developments are more efficient from an infrastructure standpoint. He would like to see the Master Plan as it works from a spirit standpoint and not as a barrier. Right now the Town is reaping the benefits from the planning and development that were made at the end of the last century to the first few years of the new century. There really has not been enough time to see what the impacts have been. As development starts to happen in Akron, we are still going to have traffic through Clarence, but you will not have the tax base unless reasonable development takes place. He represents Steven Development and Rock Garden Properties.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that in accordance with amended Master Plan 2015, all comments made are compiled and referred on to the Planning Board for their recommendations. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to solicit comments regarding the relocation of Cobey, Inc., 9505 Main Street, Clarence into the Economic Development Zone in Buffalo. John Obey, President said they have manufacturing facilities that they lease in Blasdell and facilities in Cheektowaga that they subcontract to. Each of them area approximately 40,000 sq. ft. and the office space in Clarence is 8,700 sq. ft. They received a large multi-year contract from a major client that requires them to increase their capacity substantially.
          Supervisor Hallock said the reason for the public hearing is that Cobey, Inc., a company located in Clarence is moving their operations to an Economic Development Zone in Buffalo. This is referred to as a shift of operations from one municipality to another. The local governing body from which the business is leaving must hold a public hearing and approve a resolution for the shift of operations. As required, Supervisor Hallock received a list of sites in Clarence that were considered but dismissed for various reasons.
          Councilman Kolber asked what part of the operation is here. Mr. Obey said the headquarters and engineering are located in Clarence. They will be consolidating the entire operation into one location. He does own the building here.
          Speaking to the subject:
          Mary Powell, member of the Clarence IDA said she has nothing against the project, but the IDA would like the Town Board to demand, in the future, that the Buffalo EDZ and other economic development corporations follow proper protocol with respect to notification. The Town Board is being asked to respond to a project that has already been finalized. Supervisor Hallock said she can agree with that.
          Mr. Obey said the project has not been finalized. There are no contracts with anyone.
          Supervisor Hallock said we did read about it in the paper before we found out about it. This is a problem for the Towns and we certainly do not want to impede business in Western New York. Cheektowaga has had four manufacturing companies move to the Empire Zone. It is difficult to compete with the benefits they have to offer.
          Pete Gorton said it is ironic to have a discussion about concern of redevelopment of the City of Buffalo. In his opinion, we need a lot more redevelopment in the city and a lot less in the suburbs. He does not know why we have to have this discussion. Supervisor Hallock said because it is the law.
          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.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Whereas, Cobey Inc. is a manufacturing facility that designs piping packaging and is currently leasing realty located at 9505 Main Street in the Town of Clarence, New York and its affiliate, ABSCO, is currently the owner of realty located in the Village of Blasdell, New York; and
          Whereas, Cobey Inc. employs 25 people at its Clarence facility and 25 people at the Village of Blasdell location; and
          Whereas, Cobey Inc. and ABSCO have expanded and re-fitted their existing facilities in Clarence and Blasdell several times over the last the last several years to accommodate existing production requirements; and
          Whereas, in 2005, Cobey Inc. and ABSCO were awarded a series of new contracts which have rendered existing facilities inadequate to handle new production responsibilities requiring existing square footage in the Clarence and Blasdell facilities to be doubled; and
          Whereas, during 2005, Cobey Inc. looked for suitable property in Clarence and Hamburg to accommodate facility expansion necessitated by the new contracts/work orders; and
          Whereas, Cobey Inc., determined that it would need to consolidate its Clarence and Blasdell operations to achieve maximum efficiency with respect to its new contracts/work orders; and
          Whereas, Cobey Inc., performed due diligence with respect to consolidating its facilities at various properties located adjacent to Gunnville Road, Wehrle Drive, Research Parkway, Roll Road, Harris Hill Road, Martin Road and County Road, all within the Town of Clarence, and at Ravenwood Park North and Bayview Subdivision in Hamburg, New York; and
          Whereas, Cobey Inc. determined that said properties were either not large enough, not priced accordingly, were not subdivided, lacked sewers and timely construction schedules to construct sewers, or were not in a central enough location for its employees; and
          Whereas, Cobey Inc. determined that consolidation of its Clarence and Blasdell facilities in the Buffalo Lakeside Commerce Park in the City of Buffalo offered it the best option for being able to meet its new production responsibilities to accommodate its employees and ABSCO’s employees, and to grow its business in Western New York.
          Now therefore be it hereby
          Resolved, that the Clarence Town Board consents to the relocation of Cobey Inc. from Clarence, New York to the Buffalo Lakeside Commerce Park.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Jeffrey Wittlinger, Leader Professional Services, Inc. re: Clean Harbors/BDT. Mr. Wittlinger has been involved in monitoring the BDT facility for over 10 years. He will be focusing on the activities subsequent to the fire at the facility in 2002.
          The structure was built in 1980 and used by Greatbatch to dispose of waste that they generated. It was then purchased by Laidlaw in the 1990’s, then Safety Kleen, Inc. and shortly before the fire by Clean Harbors, which they never did get to operate as such. During the operation of the facility, they destroyed ignitable reactive corrosive hazardous waste with various methods. They also repackaged materials and sent them off site to other facilities for treatment.
          The fire started at approximately 11:00 P.M. on August 14, 2002 burning about 50% of the facility. A lithium battery reportedly short-circuited igniting other lithium batteries that were contained within an 85-gallon drum.
          Clean Harbors immediately began evaluating the conditions and cleaning up the property. At that time, they did plan to reopen the facility. They did surface water sampling the day after the fire and found five Volatile Organic Compounds, one Semi-Volatile Compound and sixteen metals. It was estimated that 140,000 gallons of water was used for firefighting. They were only able to clean up 80,000 gallons, which was disposed of off site.
          Winter’s Rigging collected various building materials and debris on the site. It was tested and then removed off-site as a non-hazardous waste.
          Clean Harbors commissioned to have two environmental studies done to make the case that there very low level contaminants distributed in the air, soil and groundwater. The Town and the DEC did not rely on these studies and required additional sampling and testing. A Closure Plan was submitted by Clean Harbors BDT in May 2003 and approved by the NYSDEC in August. The final RCRA Facility Investigation (RFI) Work Plan was submitted and approved by the NYSDEC in the fall of 2004. An Area of Concern Sampling and Analysis Plan were submitted to the NYSDEC in January 2005.
          Mr. Wittlinger said soil samples were taken throughout the property. A list was made of the semi-volatiles and metals that were detected above background levels. They installed a number of monitoring wells. There were a number of heavy metals detected in the groundwater. There were two wells near the hydrolysis tank that had arsenic levels that were 4 to 8 times DEC standards. One of the wells was embedded in the bedrock. The most critical well was put at the source.
          In the spring of 2005 they started the building demolition in coordination with Dave Metzger from the Town Building Department and someone from Leader. The Town did an excellent job overseeing this. Everything was taken down to slab and hauled off site.
          Mr. Wittlinger said during the demolition they discovered an area near the hydrolysis tank where hydrolysis liquid had escaped through a concrete trough. Over the years the liquid had gone into the soil. They contacted the DEC and a stop was put on the remedial work and this became labeled as an Area of Concern until it could be evaluated. There was soil testing in the area in May 2005. They installed the bedrock well in the middle of it.
          Two letters were received from the DEC in December 2005 dealing with the Closure Certification Approval and the RFI Approval. These were the findings of the concerned area samplings. The bedrock monitoring well was drilled down in 6-8 ft. from the ground surface. They were evaluating the groundwater in the bedrock.
          They did soil excavation activities along the parking lot area. There were a number of contaminants found in this area and in the swamp. Some of it had to be taken down several feet. This could have happened due to the fire or from emissions over the years.
          Mr. Wittlinger said they did an excellent job remediating this property. After running this type of facility for many years, you will have residual contaminants there. In some instances they did not remove all of the soil from the site. There will be some residual compounds out there that are above background levels.
          The final DEC letters reiterated the fact that they removed soils in the area of the leak and parking lot areas to the satisfaction of the DEC. They are not requiring clean up of the groundwater where the arsenic levels are 7 to 8 times the background level because it will never be used as a water supply.
          The second letter has to do with the demolition and removal of the building and the fact that the DEC is satisfied with the way the facility was closed.
          A resident asked how much it cost to do all of this work. Mr. Wittlinger said companies that operate this type of business have to have money set aside for closures. Town Attorney Steven Bengart said that as part of their final work on the project, Clean Harbors came to the Town for a demolition permit so they could sell the property. We were able to negotiate with them to cover our costs in that involving Leader and Dave Metzger’s time. Supervisor Hallock said they gave us $28,000.
          A resident from Sawmill Road said they checked the groundwater and so on, but no one came to check his well.
          Councilman Casilio asked if there was any testing of wells off site. Mr. Wittlinger said there was not. The wells on the site that had concentrations above DEC standards were around the area of the hydrolysis tank. If there was contamination further out, it would have showed up in the perimeter wells. It does not migrate that fast or that far. This closure certification ends all monitoring.
          Councilman Casilio asked if he believes that nothing will leave the site in the foreseeable future. Mr. Wittlinger said he is saying that at this point in time there are no contaminants leaving the site. The source has been removed and it is highly unlikely that anything could move any farther.
          Councilman Casilio asked if there was any testing of vegetation down wind of the site. Mr. Wittlinger said his company did not do any sampling. They were hired to oversee what Clean Harbors did. Their consultant did all of sampling and there was no off site testing of vegetation.
          Town Attorney Steven Bengart said all we were able to do was hire Leader to oversee the project and contact the DEC to respond to what we wanted.
          Councilman Bylewski said he wanted to thank Alice Kryzon our legal council and Leader for all of their help to the Town through this difficult situation.
          Councilman Kolber asked Mr. Wittlinger as the representative for the Town if he was happy with the clean up of this property. Mr. Wittlinger said yes he was. Clean Harbors asked for our input throughout the entire process. They were very cooperative and wanted to make sure that when they were done everyone was satisfied. The DEC is satisfied with both aspects of the clean up of the building and the groundwater.
          Pete Gorton asked why there was not any testing of resident’s wells in the area. Jeff Wittlinger said they asked the same question to the State regarding off site migration. The State said they would require Clean Harbors to go off site if there was an indication that the plum was migrating away from the source area. They sampled all around the property and if there were significant releases of contaminants from the incinerator there would have been further testing. Every year they did a modeling study on the emissions from the facility to show what was happening. The results they had seen showed that any contaminants that were released stayed on the property. Councilman Bylewski added that someone from the DEC was on the site to monitor things quite frequently. Mr. Wittlinger said he had extra handouts, which have the all the data included.

Casilio Companies requests a Special Exception Use Permit for development of an office building greater than 10,000 sq. ft. at 8755 Sheridan Drive.
          Councilman Casilio said he is part owner of this company. Therefore, he will recuse himself from the discussion and voting and will remove himself from this area.
          James Hartz said the property consist of 5 acres with 3.2 acres being the project site. The site plan was presented.
          Supervisor Hallock received a memo from the Boncrest Homeowners stating that they were assured by the Town when they bought their homes that there would only be a one-story office building. The proposed building exceeds the Zoning Law requirements.
          The main entrance and the parking are in the back facing the backyards of the neighbors. They will loose the buffering and privacy of their backyards with lighting needed to protect the building. They have not agreed to anything with the developers regarding the buffer. They trust that the Town Board will make provisions for residents to be heard when the time is right.
          Supervisor Hallock received a letter from Edu-Kids supporting the project. Another letter was received from Kenneth Kurtz stating that he reviewed the plans and has no objections to the project as proposed.
          Councilman Bylewski said a decision on the project was tabled at the last meeting because it was the first time the revised drawings were seen. He asked if this is the same document that was presented with no further changes. Mr. Carmina said yes it is and they are willing to work with the Planning Board to further enhance the project.
          Councilman Kolber said in regard to the height aspect, the two-story portion is 32 ft. Mr. Carmina said the tallest part is below 35 ft., which is the restriction. The adjoining areas will be lower. The wing to the west is 17 ft.
          Councilman Kolber said they could have three separate buildings at 10,000 sq. ft. each and at the height of 35 ft. Councilman Bylewski added that they could do this without a Special Exception Use Permit. James Hartz said yes.
          Councilman Kolber said the residents are concerned about lighting. Mr. Carmina said any light poles located along the parking lot will have vertical cut offs. All the light will be on the parking lot. It would not be like a car sale lot.
          Councilman Kolber asked if there was some way to buffer parking lot noise. Mr. Carmina said part of it is heavily treed. They are willing to enhance the area with berms in a natural way. The issue can be worked on with the Planning Board. They are willing to do anything to enhance the area. Supervisor Hallock said the neighbors have not agreed to anything as yet with the developers. Mr. Carmina said they are willing and ready to do whatever is expected from the Planning Board who will be reacting to the wishes of the residents.
          Councilman Bylewski said we changed the zoning in that area on Sheridan Drive to Restricted Business. He read from page 23 of the Master Plan stating that the south side of Sheridan Drive from Harris Hill Road be rezoned to Restricted Business to encourage additional growth in the medical and professional office development of this area. Minimal architectural standards should be adopted including not allowing metal steel clad buildings. We have done that.
          Town Attorney Steven Bengart said there was also discussion about fencing at the last meeting. His point is that whether this is voted up or down, the Board should very carefully delineate the reasons for each vote.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board, after a public hearing duly held on February 8, 2006, and after all interested parties being heard, approves the request of the applicant, Casilio Companies, for a Special Exception Use Permit for the development of a. professional office building at 8755 Sheridan Drive not to exceed 35,000 sq. ft. and subject to the following:
          1. The building is in keeping with the character of buildings in the surrounding vicinity pursuant to Chapter 229, Article 15 Section 131 of the Town of Clarence Zoning Law.
          2. The parking in the front yard setback area shall be removed in the development plan submittal.
          3. The buffering area shall be maintained during the course of construction and after construction as depicted on the site plan. The vegetation shall be protected with snow fencing during the construction period.
          4. Medical uses shall be prohibited from the building or an amended concept plan shall be submitted for review.
          5. An access drive shall be provided to the property to the West.
          6. The architectural detailed building plans based on the building shown at the Town Board Meeting on February 8, 2006 shall be submitted to the Planning & Zoning Department along with the Development Plans of the property for review in accordance with the Zoning Law.
          7. Landscape Committee approval done in conjunction with input from the public.
          8. Meet with the Planning Board to go over the newest plan as part of the review.
          On the question, Councilman Bylewski said he would like to add item 7. Supervisor Hallock amended her motion.
          Councilman Weiss said he would like to make a strong suggestion that in addition to the plans being submitted to the Planning and Zoning Department, they meet with the Planning Board once again to go over the newest plan. (Amended as condition 8.) Councilman Bylewski said that would be part of the Development Plan review anyway. If we are making the Special Exception Use Permit contingent upon architectural approval, do we need to have a separate meeting for the Planning Board or have it done as part of the review? Councilman Weiss said as part of the review. Councilman Bylewski seconded the amendment to add item 8.
          Councilman Kolber said he has looked over this for the past two weeks and he is having a hard time with it. He looked at the pros and cons and does not believe we will have everyone agree. We have a chance to put a signature building in that meets most of the guidelines. We are trying to encourage commercial growth and we do not have many places to put it. This is the right place and he thinks it is a good project. He believes the concerns of the residents can be mitigated. The alternative is up to three buildings that could be 35 ft. high.
          Councilman Weiss said he was not happy with the first plan. He does like the latest plan, which will add to our commercial growth. The building itself and the way the Casilio family worked with the Planning Board is a testimony to them and how they do business.
          Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Windsor Ridge Partners requests Preliminary Concept Review of a proposed Residential Subdivision on Harris Hill Road between Sheridan Drive and Greiner Road.
          James Hartz said the property is located along Harris Hill Road with zoning of Single-Family Residential and Restricted Business along Sheridan Drive frontage.
          Sean Hopkins, representing the project sponsor said the original plan included an incentive lot development with 25% open space and 87 to 88 lots. They also presented an open space design plan as has been asked of applicants. The project site is approximately 62.8 acres. It is properly zoned. The project has been going on for 10 years.
          The open space design yields almost the same amount of lots with a slightly different layout. It would include about 40 traditional lots, and about 48 patio home lots on private roads. It includes a 200+ greenspace buffer along Harris Hill Road with no frontage lots. He asked that they be referred to the Planning Board.
          Councilman Kolber said his biggest concern is that this is not in a sewer district. Mr. Hopkins said the sewer extends down Greiner Road almost to the project site. They are working with Erie County and are confident that they will be able to do so. Councilman Kolber said no one seems to know what our actual capacity is and how it is to be distributed and this is not in a district.
          Mr. Hopkins said there is approximately .65 acres of Federal wetlands on the site. There is approximately .15 acres of impact. Councilman Bylewski said there have been issues in the past about how much is accepted out. Maybe there could be a redesign to keep the wetland. Another item that will be looked at through the SEQR process is the accumulative impacts. There is also research being done regarding an adjustment to the building cap which could also have an impact.
          Supervisor Hallock asked if the roads for the patio home portion are private. Mr. Hopkins said yes. Councilman Weiss said going forward we are looking at reducing the public roads in these developments.
          Councilman Kolber said this is a split from an original parcel. Mr. Hopkins said the portions that have been conveyed were rezoned to Restricted Business and there are no plans for those areas.
          Councilman Casilio said he sees a possibility for a walkway to connect the adjacent development and the nearby park.
          Councilman Weiss said another consideration is do we want to impact the Planning Board with a project with no sewer capacity. Sean Hopkins said there is no provision in the Zoning Code or Subdivision Law that says they have to provide written proof of sewer capacity prior to starting the review. Councilman Kolber added that he is not in favor of any new sewer districts or expansion of sewer districts without a handle on the capacity and until we are certain that we can handle all properties as they come forward.
          Councilman Bylewski said one of the contingencies for the Town Board to refer a project to the Planning Board is whether the project complies with Master Plan 2015. James Hartz said the land use map shows the area is zoned to allow for residential growth. In accordance with the comprehensive plan, each proposed project must go through the environmental review process. The Town Board cannot grant Concept Approval until that process is complete. Councilman Bylewski said if the project is referred tonight, it is not a statement that it is approved given the sewer and other environmental issues.
          Supervisor Hallock said the Town is under a review to limit the size of homes in a condominium situation. Mr. Hopkins said they are aware of that.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request by Windsor Ridge Partners for Preliminary Concept Review of a proposed Residential Subdivision on Harris Hill Road between Sheridan Drive and Greiner Road to the Planning Board for further study and review. Upon roll call – Ayes: Councilmembers Casilio, Bylewski and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

Paul Maranaccio requests Preliminary Concept review of a proposed Residential development in the Agricultural Rural Residential Zone at 8905 Lapp Road. James Hartz said the location is the south side of Lapp Road, north of the Lexington Woods Subdivision zoned Agricultural Rural Residential. The submitted site plan shows lot sizes that do conform to the minimum required for that zone.
          Bill Schutt, representative said they are asking for referral to the Planning Board. They believe this project is in conformance with Master Plan 2015 and the Zoning Law. The project calls for 13 lots on 40 acres for an average of 2˝ acre lots. They are compatible with the Tuscany Development, which they would connect to at Hearthstone Road. There would be a benefit of connectivity from Lapp to County that eliminates a very long dead end street. They will also connect the public waterline which will greatly improve water pressures.
          Councilman Kolber said in looking at the wetland map, it appears that almost the entire property is in the Federal Wetland. Mr. Schutt said they had the wetlands delineated and there are no Federal wetlands on the site.
          Councilman Weiss asked if the owner had a permit to fill in the wetlands. Mr. Schutt said there was no fill done on the site.
          Supervisor Hallock said there seems to be quite an issue regarding wetlands and drainage. We are inclined to table this until we are satisfied. Mr. Schutt said they have responded with a complete application including the concept plan checklist. Councilman Weiss said he has been up there and there has been ditching and piping done, which seems to him to severely alter the wetlands. Mr. Schutt said it is part of the drainage from the Tuscany development. Mr. Maranaccio said the DEC checked it two years ago and there are no wetlands. There is a drainage ditch across his property.
          Supervisor Hallock said it is unfortunate that the Town Engineer is not here because he has a definite concern about the wetlands.
          Councilman Casilio asked if it was determined where the drainage from Tuscany was going to go when the subdivision was approved. James Hartz said when the subdivision plan was presented; there was an Engineering Department review and approval of the drainage plan. Councilman Casilio said they are having problems in that subdivision with the drainage backing up through the storm drains above grade.
          Motion by Councilman Weiss, seconded by Councilman Casilio to table the request by Paul Maranaccio for Preliminary Concept review of a proposed Residential Development in the Agricultural Rural Residential Zone at 8905 Lapp Road until we receive input from the Engineering Department and the Highway Department. Councilman Casilio said we need to clear up the wetlands issue before we can move forward. On the question, Mr. Schutt asked why this is any different from a previous project that had sewer issues. These issues will be resolved by the Municipal Review Committee and the Planning Board. Councilman Casilio said he believes that there is a conflict between the applicant and the Town Engineer. He can not speak for him because he is not here. He says there are wetlands there. Mr. Schutt is the expert and he does not even know if there are or not. Councilman Weiss said he would like to hear from Engineering and Highway and some certification from the applicant about the condition of the wetlands. Councilman Bylewski said the distinction from other motions is that problems have been raised that should be cleared up before we move on. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by Chris Carolla for a Demolition Permit on a structure greater than 50 years old at 8710 Clarence Center Road to the Municipal Review Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Todd Anderson requests a Building Permit and Architectural Approval for construction of a new office building in the Restricted Business Zone at 7871 Transit Road. James Hartz said the property is located north of Wolcott Road with an existing building that he is operating from. Todd Anderson was present.
          Councilman Weiss said the Town Engineer is concerned about the flow of water in that area with another building added and that the applicant should contact him. Supervisor Hallock added that it is in the density floodway and he would like to see a plan for drainage.
          Motion by Councilman Kolber, seconded by Councilman Weiss to table the request by Todd Anderson for a Building Permit and Architectural Approval for construction of a new office building in the Restricted Business Zone at 7871 Transit Road until the Town Engineer adequately reviews the project. On the question, Supervisor Hallock said he wants to see the drainage plan. Councilman Bylewski asked if the architectural style is acceptable in the Restricted Business Zone. James Hartz said there are requirements in the Zoning Law regarding percentage of building area that can be metal or metal paneling. Upon roll call – Ayes: All; Noes: None. Motion carried.

People Inc. requests Development Plan and Architectural Approval for construction of a 50-unit Senior Housing Project at 8099 Sheridan Drive. James Hartz said the location is off the entrance to Eastern Hills Mall from Sheridan Drive. A Special Exception Use Permit was previously granted.
          Councilman Kolber said there is concern regarding sewer for the building. There are two options, one a 1,100 ft. to the parcel and the other is to tie into the Eastern Hills Mall system.
          The applicant said they will tie into the Eastern Hills Mall system. Approval was just received from Erie County.
          Councilman Casilio asked if they would have any problems with light coming from the mall or the snow plows going at 2:00 A.M. The applicant said they are aware. She said Erie County Water said they would install a hydrant on the entrance to Eastern Hills Mall at Sheridan Drive if it was made a condition of the approval. Town Attorney Steven Bengart said as long as the Town does not have to pay for it.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Development Plan and Architectural Approval to the applicant People Inc. for the construction of a 50-unit Senior Housing Project at 8099 Sheridan Drive subject to the following conditions: 1. Subject to open space fees. 2. Hydrant review and approval by the Building Department, with no cost to the Town for hydrant installation or maintenance.
          On the question, Councilman Kolber said this a not-for-profit organization, so it will not be on the tax rolls. Upon roll call – Ayes: All; Noes: None. Motion carried.

Chris Caito requests a Special Exception Use Permit for relocation of an automotive repair operation at 9061 Clarence Center Road. Supervisor Hallock said the applicant is not present. She will wait to see if he appears before the end of the meeting.

Brian Sayers requests a Building Permit and Architectural Approval for an accessory structure in the Commercial Zone at 4752 Shisler Road. James Hartz said a site plan was submitted.
          Brian Sayers said he is retired and he would like a structure for his hobby woodworking equipment. The structure will barely be seen from the road. The old sheds on the property have been removed.
          Motion by Councilman Kolber, seconded by Councilman Casilio to grant a Building Permit and Architectural Approval for an accessory structure in the Commercial Zone at 4752 Shisler Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Eastern Hills Wesleyan Church requests Concept approval for an addition to the existing church facility at 8445 Greiner Road. James Hartz said the property consists of approximately 34 acres zoned Resident Single-Family. According to the Zoning Law, a Special Exception Use Permit is required to allow an expansion greater than 10,000 sq. ft.
          The representative said the proposal is for Phase IIA for an addition of 28,000 sq. ft. on the first floor and 8,000 sq. ft. on the base front level. The roadway will be continued around the site. Phase II was approved five years ago, but they can only afford to do a portion of that phase. They will be putting in additional landscaping to soften the view to the neighborhood.
          Councilman Bylewski said there are additional impacts to be aware of since the approval of five years ago. They will have to address accumulative impacts with other proposed projects in the area.
          Councilman Casilio asked if this would have an impact on how many people attend their services. A representative said they are looking at about 10% increase to the 3,000 they have now. Councilman Casilio said there are traffic concerns and possible discrimination of the people living in the neighborhood across the street that have to wait for them to exit first. They do have a traffic cop out there after services. Councilman Kolber said we have residents who cannot get out of Loch Lea.
          The new area is primarily going to be used for an extended area for nursery and youth education.
          Councilman Casilio asked if the sewer capacity is another issue. These same issues should be of concern as all other projects. He suggested that they should be more considerate of the traffic in this area regardless of the addition.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by Eastern Hills Wesleyan Church for Concept Approval for an addition to the existing church facility at 8445 Greiner Road to the Planning Board for further study. On the question, Supervisor Hallock said the sewer and traffic will be issues of further study. Councilman Bylewski said the Planning Board said they would not comment on the Special Exception Use on another project, but he would like to see comments on other matters that they do not have the final say on but do have an impact on the planning process. Upon roll call – Ayes: All; Noes: None. Motion carried.

Nancy Miller requests a One-Lot Minor Subdivision at 10120 Lapp Road. James Hartz said the location is adjacent to Beeman Creek Park consisting of 300 ft. depth and 400 ft. of frontage.
          Councilman Bylewski said the ZBA denied the variance based on the frontage. Therese Floss said it does have the correct frontage now with the 1.33 acres. James Hartz said now they have it. Nancy Miller was also present.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and Part 617 NYCRR, and after a review of the EAF Short Form, it is determined that the Town Board as Lead Agency, issues a Negative Declaration on the proposed One-Lot Minor subdivision at 10120 Lapp Road. The proposed action is consistent with the adopted comprehensive plan and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the request for a One-Lot Minor Subdivision at 10120 Lapp Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to table item 18, the request by William Riester for a Special Exception Use Permit for development of a Secondary Living Unit at 6085 Gott Creek Trail as the applicant was not present. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table item 21, the request by Chris Caito for a Special Exception Use Permit for relocation of an automotive repair operation at 9061 Clarence Center Road as the applicant was not present. On the question, Councilman Casilio said he is a tenant of his so he will recuse from voting. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Casilio to approve the following: Clubhouse Applications – A. Clarence Rotary Club – June 2 & 3, 2006; B. Clarence Baseball Association – June 2, 2006; C. Clarence Church School – June 10, 2006; D. Daniel Gregorio – June 24 & 25, 2006; E. Lions Club – Sept. – Dec. 2006 Monthly Meetings; F. Clarence Senior Center – Sept. 8 & 9, 2006; Legion Hall Applications - A. Harris Hill Mothers Club – April 8 & 30, 2006; B. Clarence Wrestling Club – May 12, 2006; C. Lisa Boron – Oct. 28, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the bills of February 23, 2006 are approved for payment: General Fund - $364,766.91; Highway Fund - $53,726.34; Water District - $1,833.41; Fire District - $2,199,600.50; Lighting Districts - $1,378.53; Sewer Districts - $400.00; and Trust & Agency 203 - $1,396.49 for a total amount of $2,623,102.18. On the question, Councilman Bylewski said the reason the amount for the Fire District Fund was so large is that the Town passing on the funds to the fire protection districts. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Councilman Weiss asked the Planning Department to monitor the amount of applications on the agenda so that these people do not have to stay so late.

A Ransom Road resident said he is concerned about the date of the garbage referendum because it will not reflect the people who live somewhere else during the winter. It is also an additional cost to hold an election and he does not understand why it was not held during the November election. There has not been enough information published so that people know what they are voting for.
          Supervisor Hallock said there is an informational meeting set for March 20th. There will be handouts of the information. Notices of the meeting and the referendum are going out in the mail. The Town Board started working on this a year ago. In order for a district to be in effect for 2007, it has to be added to the tax rolls by May 1st of 2006. The haulers would not hold their bids that long, so we had to back into that with all of the legal requirements. We will also have the bids so that we will know what the cost will be. We wanted to also have absentee ballots, but we cannot.
          Councilman Kolber said we could not run it with the general election because the requirements are different for the eligible voter. This is for property owners only.

Pete Gorton said a number of years ago comments were made on the affects of development in the Town regarding traffic on Harris Hill Road and on their taxes. They were labeled as complainers, etc. We used to hear we needed all the residential development added to our tax base and now it is commercial development that we need. He understands the concept, but he would like to see the equation to prove that. If we give people tax breaks to come to the Town, then we are not helping our tax base.
          Councilman Bylewski said we have brought up the issue of updating the physical impact model. Supervisor Hallock said we had someone interested last year, but the proposal was not very comprehensive and we need to look at it again. Councilman Kolber said the Professor only had a small window of time last year. He will call her to see if she is available.
          Pete Gorton said he is willing to volunteer his time to review things like that for the Town.

There being no further business, Supervisor Hallock adjourned the meeting at 11:10 P.M. in memory of Roy Callahan and Bob Silvestro.

Nancy C. Metzger
Town Clerk