02/23/05


A Work Session of the Clarence Town Board was held February 23, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Members’ Ian McPherson and Scott Bylewski. Councilman Weiss and Councilman Kolber were absent. Other Town Officials present were Deputy Supervisor Anne Case and Director of Community Development James Callahan, Town Attorney Steven Bengart, Director of Administration and Finance Pam Smith, and Town Assessor David Folger.

James Callahan - Director of Community Development

Formal agenda items

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

Hidden Pond Subdivision - Domenic Piestrak

Applicant request Final Plat approval for Hidden Pond Phase II, Part III for 36 Residential A lots, including road dedication for approximately 1,700 lineal feet of Rosecroft Drive, approximately 300 lineal feet of Glen Brook Court, approximately 300 lineal feet of Fairmeadow Court and approximately 300 lineal feet of Glen Iris Drive. Councilman Bylewski stated that it has been discussed that the applicant is required to complete the sidewalk from Hidden Pond to Goodrich Road. Town Engineer Latona suggested no building permits are to be issued without a resolution and/or completion of sidewalks.

Waterford Village PURD

Applicant requests Final Plat approval for Waterford Commons Phase II and Waterford Estates Phase II. Condition of Site Plan approval must be adhered to as to what was approved at the September 22, 2004 Town Board meeting. This completes the Commons and the Estates.

Angelo Natale 9159 Main Street

Applicant requests Concept Plan approval for the development of an 8,500 square foot office building. The original plan called for 4-town house units, which have been eliminated. The proposed site is located on the south side of Main Street, west of the Sheridan Drive/Thompson Road intersection across from Rite Aid.

Frank Chinicci 5831 Transit Road

Applicant requests Development Plan approval for construction of a 47-unit patio home project. The Engineering Department has forwarded an approval on the final design and the Planning Board has forwarded a recommendation on the submitted site plan with conditions including landscape plan approval, recreation and open space fees, and Homeowners Association prospectus. The project is to be assessed at 100% value and remain at 100% assessment as patio homes. Councilman Bylewski added that the applicant work with the Landscape Committee to establish a gazebo and the appropriate number of park benches for the community facility.

Lou Visone 9300 Main Street

Applicant requests a Special Exception Use Permit for conversion of an existing motel (Park Plaza Motel) into rental units.

Lou Visone (behind 9300 Main Street)

Applicant requests Concept Plan Approval for development of an office park.

People Inc. 4725 Transit Road

Applicant requests a Special Exception Use Permit to construct a 50 unit HUD funded senior housing project. Forwarding the Concept Plan to the Planning Board will identify general conformance with the adopted Master Plan 2015 and initiate the formal review process.

Waterford Bank 8411 Main Street

Applicant request Concept Plan approval for construction of a new bank. The applicant is proposing to demolish the existing motel and construct a new 6,700 sq. ft. bank.

Benchmark Group 4401 Transit Road

Applicant requests Concept Plan approval for redevelopment of Clarence Mall.

Krislyn Associates 6215 Transit Road

Applicant requests Concept Plan approval for a new office complex at 6215 Transit Road next to Roger’s Piano. Director of Community Development James Callahan suggested the applicant work out the site plan issues and have Town Engineer Latona review and approve prior to being referred to the Planning Board.

Avis Rent-a-Car 4475 Transit Road

Applicant requests a Special Exception Use Permit for an automotive leasing center in the existing Sears Automotive Center located behind the Sears Store at Eastern Hills Mall.

Towne BMW/Mini 8215 Main Street

Applicant requests a building permit and architectural approval for construction of a 5,462 square foot addition to the existing service center. The Planning Board has forwarded a recommendation with conditions on the proposed addition. After meeting with the neighbors, the Landscape Committee has approved a landscape plan. The major concern is the buffering of the adjoining residential area that was destroyed with the parking lot expansion. All lights on the property will be properly shielded from adjoining residential uses. The southwest pole light will be the only light left on at night and will be set on a timer. Councilman McPherson asked if the residents were made aware that the original promises of the buffer were made on land that was not controlled by the people making the promises.

Sandy Baker 6215 Goodrich Road

Applicant requests a Change in Use from residential to a salon. The Planning Board has forwarded a recommendation on the final design of parking to service the proposed change. The Traffic Safety Board has reviewed and approved the final design.

Calvin Caruso 6705 Transit Road

Applicant requests Concept Plan approval and a Special Exception Use Permit for development of a car wash facility. The Planning Board has failed to forward a recommendation on this proposal; applicant is seeking approval without a Planning Board recommendation.

Joseph Lombardo 7980 Northfield Road

Applicant requests a Demolition Permit for an existing home constructed prior to 1950.

Work Session Items:

Cimato Enterprises – Highland Park Subdivision

Applicant requests Development Plan approval for construction of a 16 lot Residential A Subdivision – extension of Fieldbrook Drive. The proposed site is located on 14.4 acres of vacant land. The property was rezoned to Residential A on 10/23/2002. A Negative Declaration under SEQRA was issued by the Town Board on 9/25/2002. The neighbors are concerned about the proposed wet pond; the Planning Board recommendation is to keep it dry. The other issue is the dedication of the land to the Town along the creek corridor. There was a recommendation from the Planning Board that the Town not accept dedication of the land. Access for stream maintenance can be accomplished through an easement rather than ownership.

First Niagara Bank

Applicant is requesting Site Plan approval for an out-building in the Clarence Mall between HSBC Bank and Office Depot near Transit Road.

Supervisor Kathleen Hallock

Supervisor Hallock will make a motion to set a Public Hearing March 23, 2005 @ 7:30 P.M. to establish a Refuse and Garbage District.

Supervisor Hallock has two corrections to the minutes, one being an amendment to include Michael Rizzo's term expiration.

Councilman Kolber will not be present for the Public Hearing on the Annual Master Plan Review and has requested that Supervisor Hallock read his comments.

Barbara Gilmour will be appointed to the Bi-Centennial steering committee.

Supervisor Hallock has received notice that we have received grant money from Legislature Michael Ranzenhofer for ADA playground equipment.

Supervisor Hallock will make a motion to create second position for Deputy Town Clerk. The reason for this is Fran Dickman is the Deputy Tax Receiver and we cannot have another Tax Receiver. If she retires it has to be a Town Clerk position not a Tax Receiver.

Supervisor Hallock will announce Tracy Francisco resignation from the Ethic's Board.

There is a morning Work Session scheduled for March 2, 2005 at which time two interviews have been scheduled, one for the Ethics Board and one for the Youth Director. There are two interviews scheduled for March 9, 2005 for the Ethic's Board.

Councilman Ian McPherson

Councilman McPherson will make a motion authorizing the Supervisor to sign a contract for the purchase of vacant land.

Councilman McPherson will report on several Resolutions that were passed at the Association of Towns Meeting.

Councilman Scott Bylewski

Councilman Bylewski will announce the resignation of Joseph Floss from the Planning Board.

Councilman Bylewski will announce that we will be accepting applications for the Planning Board and/or alternate. Also applications will be accepted for the Municipal Review Committee and/or alternate. The cut off date to submit applications will be April 6, 2005.

Councilman Bylewski announced that we have received five applications for the Youth Center Board of Directors.

Councilman Bylewski received a letter from the NYS DEC regarding BDT.

Councilman Bylewski will make four appointments to the Historic Preservation Committee: Joanna Pickering, Linda Mosher, David Laduca and Laurie Hauer-Laduca.

Councilman Bylewski has a Resolution to explore the re-establishment of the Board of Supervisors.

Councilman Weiss will not be present for the Public Hearing on the Annual Master Plan Review and has requested that Councilman Bylewski read his comments.

Councilman Bylewski will announce that the cut off date to submit applications for the Youth Center Director position is March 15, 2005.

There will be a joint Town Board and Planning Board meeting scheduled in March.

Town Attorney Steven Bengart

Town Attorney Bengart has received a second letter from Attorney Michael Powers indicating that his firm would like the Town to waive any conflicts of interest regarding an unnamed client that they wish to be able to appear with before the Town Board, various agencies, committees, councils and boards of the town with respect to matters involving the use and development of real property. Also, they wanted the right to be able to litigate if necessary. Town Attorney Bengart wrote back stating that he had no problem with them appearing before the various boards but he is opposed to any litigation against the Town. Michael Powers has asked that someone who is authorized should sign off on the conflict.

During the Association of Towns Meeting, Town Attorney Bengart had a discussion with Amherst Supervisor Susan Grelick. In light of the County’s budget crisis, and the downsizing of the Erie County Sheriff’s patrol, Supervisor Grelick has authorized her Police Captain to look into the cost of providing service to the Town of Clarence.

In light of the County’s situation, Councilman McPherson suggested Town Attorney Bengart look into the formation of plowing districts to take care of the County roads that we may have to plow.

Town Attorney Bengart further stated that the District Attorney’s office may not provide District Attorney’s to come out to town court which will then put the burden on Town Attorney Bengart office to take care of prosecution.

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

Darcy A. Snyder

Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, February 23, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Scott Bylewski led in the pledge to the flag, followed by a prayer read by a member from St. Stephen’s United Church of Christ.

Members of the Town Board present were Council members Ian McPherson, Scott Bylewski and Supervisor Hallock. Councilman Weiss and Councilman Kolber were absent. Other Town Officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Planning Board Chairperson Patricia Powers, and IDA Chairman Henry Bourg.

Motion by Councilman Bylewski, seconded by Councilman McPherson to accept the minutes of the previous meeting held February 9, 2005. On the question, Supervisor Hallock had the following corrections/amendments: page 37 of the Work Session, 4th paragraph should read for formal consideration at the February 23, 2005 meeting. Page 44, of the Town Board meeting, 7th paragraph appointing Michael Rizzo to the Board of Assessment Review should be amended to include his term expiration of September 30, 2009. Upon roll - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

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

WHEREAS, the Town Board of the Town of Clarence (herein called "Town Board" and "Town", respectively), in the County of Erie, New York pursuant to Article 12-A of the Town Law, has caused Joseph Latona, P.E., the Town Engineer of the Town, to prepare a map, plan and report for the proposed establishment of the Clarence Refuse and Garbage District in the Town (herein called "District"), said District only to provide refuse and garbage collection and disposal service to the entire area of the Town outside of villages, which map, plan and report have been duly filed in the office of the Town Clerk of the Town for public inspection; and

WHEREAS, the Town Board has given due consideration to the impact that the establishment of the District may have on the environment and, on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused by the establishment of such District; and

WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, a duly executed Short Environmental Assessment Form has been filed in the office of the Town Clerk; and

WHEREAS, the Town Board has determined to proceed with the establishment of the proposed District and the supply of such service; and

WHEREAS, the proposed District is bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate within the boundaries of the Town of Clarence, County of Erie and State of New York, the boundaries of the said Clarence Refuse and Garbage District being co-terminus with the boundaries of said Town of Clarence.

WHEREAS, the establishment of the proposed District will be of no cost to the Town since no improvements will be constructed or acquired, said District to be established only to provide refuse and garbage collection and disposal service through an award to the lowest responsible bidder and the expense of the establishment and the operation and maintenance of the District shall be paid by the assessment, levy and collection of special assessments upon the several lots and parcel of lands within the proposed District which the Town Board shall deem specially benefited by said service so much upon and from each as shall be in just proportion to the amount of benefit which said service confers upon the same, with the estimated annual cost of such service to a typical residential property estimated to be $150;

NOW, THEREFORE, BE IT ORDERED
That a public hearing of the Town Board of the Town be held at the Town Hall, One Town Place, Clarence, New York, on the 23rd day of March, 2005 at 7:30 o'clock P.M. (Prevailing Time), to consider the proposed establishment of the District and the supplying of such service as herein referred to, and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law, and be it

FURTHER ORDERED, that the Town Clerk publish at least once in the Clarence Bee, designated by the Town as its official newspaper for this publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by the Town Clerk, the first publication and said posting to be not less than ten (10) nor more than (20) days before the day designated herein for said public hearing as aforesaid and file a certified copy of this Order with the Department of Audit and Control on or about the date of publication of this Order. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Barbara Gilmour of 4123 Kalayne Drive to the Bi-Centennial steering committee. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to create a second position of Deputy Town Clerk. On the question, this is for Civil Service purposes. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Supervisor Hallock announced that there will be a residents forum on Monday, February 28, 2005 @ 7:00 P.M. in the Town Hall auditorium. This is an opportunity for residents to comment on any item of their choice. This is the second such forum; many favorable comments were received at the meeting last year.

Supervisor Hallock announced the resignation of Tracy Francisco from the Ethic’s Board. Tracy’s term expires 12/31/2008. There are now three openings on the board; one can be filled by a Republican. There are two openings for members that are not Republican affiliated. Applications will be accepted until March 22, 2005.

Supervisor Hallock announced that there is an opening on the Conservation Advisory Council. Applications can be obtained at the Supervisor’s office.

Supervisor Hallock received a letter from a resident on Oakwood Lane in the Town of Clarence thanking Councilman Weiss for reaching a solution to a drainage problem in his neighborhood. He also thanked the Highway Department and Deputy Highway Superintendent Greg Giblin.

Supervisor Hallock announced that we have received a grant from Erie County Legislator Michael Ranzenhofer for ADA compliant modular playground system in the Clarence Town Park. The playground equipment will be installed this year.

There will be a Bi-Centennial birthday party on Sunday March 6, 2005 in the Clarence Town Park Clubhouse. The event will begin at 12 noon with the dedication of Greatbatch Way. The Clubhouse will be open until 5:00 P.M. with displays of life in Clarence from 1808 to 1858. All are invited.

Motion by Councilman McPherson, seconded by Councilman Bylewski to authorize the Supervisor to sign a contract for the purchase of approximately 16 +/- acres of vacant land and improvements located on Goodrich Road at a purchase price not to exceed $400,000. plus any closing costs and disbursements. Funds will be allocated from the open space bond resolution and recreation fees, if any portion of said vacant land is to be used for recreation purposes. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

In light of Erie County’s budget problems, Councilman McPherson is recommending Town Attorney Bengart look into the formation of plowing districts to address road maintenance and plowing on County roads.

Councilman McPherson stated that several members have returned today from the Association of Towns Convention in NYC. This is Councilman McPherson’s ninth year. At the conclusion of every meeting, there are resolutions adopted at the annual Meeting of the Association of Towns, which is held on the last day. Some of the Resolutions that were voted on unanimously by every village and town in the State of NY as they have been for the past nine years are Medicaid reform, increase highway funding, Wicks Law, preserve local control over health insurance benefits, special franchise assessment litigation charge backs, torte reform, minimum maintenance on roads, compulsory binding arbitration, maintain and bolster volunteer firefighter and EMS recruitment, collateral source legislation, property tax exemptions, condominium assessments. Resolve that the Association of Towns again calls upon the legislature to govern and repeal Section 339Y so as to provide equal treatment for all types of residential housing and prevent the continuing abuses of Section 339Y. Councilman McPherson wanted to point out that these things are done every year unanimously at the Association of Towns and then presented in mass to every member of the Assembly and Senate of the State of NY. Your town and county officials are doing the best they can do to try and mend a broken system.

Councilman Bylewski announced that the March 9, 2005 agenda item would include the proposed changes to the Zoning Law. Upon recommendation of Town Attorney Bengart, to make this announcement now as well as during each individual project application presentation tonight that as the projects come up they may be impacted if we move forward and amend our Zoning Law with those proposed changes.

Councilman Bylewski deferred to Director of Community Development James Callahan for the 21st update of the action items while under the moratorium. James Callahan reported the following:

  • The Planning Board has completed review of the comments received at the January 19, 2005 public hearing on the Zoning Law. The Planning Board has forwarded a recommendation to adopt the laws discussed. The issues discussed and amended include adding a clause specifically allowing commercial open development areas. The lot coverage as previously recommended at 20% lot coverage with the addition of 15’ side yard setbacks in the residential zone. The Town Board will consider adoption at the March 9, 2005 Town Board meeting.
  • The Planning and Zoning Department is completing Draft III of the Subdivision Law and will forward to the Planning Board for consideration at the March 2, 2005 Planning Board meeting.
  • We are waiting draft legislation from the consultants concerning the Adequate Public Facilities Law, it is expected shortly.
  • The Recreation Advisory Committee is continuing with development of the Parks and Recreation Master Plan. Consultants have completed Phase I including an inventory and mapping program.
  • The Planning and Zoning Department is working on the proposed Landscape and Tree Law. After receiving preliminary input from the Planning Board, this law should be ready for public dissemination possibly next month.

Motion by Councilman Bylewski, seconded by Councilman McPherson to accept with regret the resignation of Joseph Floss from the Planning Board. On the question Councilman Bylewski stated the Mr. Floss has been a member of the Planning Board for several of years serving in a number of positions as member, Vice-Chair and Chairman and although they have disagreed on a number of occasions, ideologically Councilman Bylewski did appreciate Mr. Floss’s conscientious efforts that he put forth as a Planning Board member. Councilman Bylewski further wanted to commend Mr. Floss service to the town. Upon roll call- Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Councilman Bylewski announced that because of Joseph Floss resignation, there is a vacancy on the Planning Board. We are now accepting applications for planning board member, planning board alternate and/or Municipal Review Committee member. Those applications should be turned into the Supervisor’s office on or before April 6, 2005.

A full time Youth Center Director position has been created. Any applicants wishing to apply should do so no later than March 15, 2005.

Motion by Councilman Bylewski, seconded Supervisor Hallock by to appoint Jean Ranney, Jennifer Kiss and Jon Powers to the Youth Center Board of Directors. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Councilman Bylewski announced that we received correspondence from the NYS DEC regarding BDT in particular that the Sampling and Analysis Plan is approved by the NYSDEC with the following condition. If after reviewing the results of the RFI and additional AOC sampling, the Department determines the extent of groundwater contamination (if present) has not been adequately delineated; additional groundwater investigation will be required.

Councilman Bylewski announced that the Historic Preservation Committee would be a nine-member committee whose purpose is to recommend the establishment of a Historic Preservation Law.

Motion by Councilman Bylewski, seconded by Councilman McPherson to appoint Joanna Pickering, Linda Mosher, David Laduca and Laurie Hauer-Laduca to the Historic Preservation Committee. On the question, Councilman Bylewski stated that Joanna Pickering is a resident of the Clarence Center Traditional Neighborhood, Linda Mosher is an interested realtor, David Laduca and Linda Hauer-Laduca are both architects, they are husband and wife and they are more than capable of voting in the other direction than their spouse if it so warrants. They both bring different aspects of architecture to the table. All four of them will make excellent additions to the new committee. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to (1) have Town Attorney Bengart and the Inter-Community Committee explore methods in which the County of Erie’s current structure of government can be dissolved and re-establish a Board of Supervisors and report back with their findings to the Clarence Town Board within ninety (90) days, and (2) that the Town of Clarence recommends that the Association of Erie County Governments explore the re-establishment of a Board of Supervisors to govern the County of Erie. On the question, Motion by Councilman McPherson that this action be table until it can be voted upon by the full Town Board, Supervisor Hallock seconded that motion. Councilman Bylewski stated that his concern is that given the financial straits of the Town and to start getting some action because this is merely to have more of a recommendation and let the exploration of it begin so that we can go ahead and do it now. This motion allows for the town to continue to study it as well as for the Association of Erie County Governments to move ahead and study it as well. It is Councilman Bylewski understanding that the Association of Erie County Governments has a meeting tomorrow night and he felt it was worthwhile to bring it up now and have it put forth. Supervisor Hallock withdrew her second to table the motion. (Councilman McPherson’s motion failed for lack of a second). Upon roll call – Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Public Participation

Linda Panaro Vice-President of Clarence Chamber of Commerce commented on several agenda items on behalf of the Clarence Chamber of Commerce regarding item #16 Lou Visone the conversion of an existing motel into rental units, #17 Lou Visone for development of an office park behind 9300 Main Street, #19 Waterford Bank for the construction of a new bank at 8411 Main Street, #20 Benchmark Group for redevelopment of Clarence Mall at 4401 Transit Road, #21 Krislyn Associates for a new office complex at 6215 Transit Road, #22 Avis Rent-A-Car for an automotive leasing center at 4475 Transit Road, #23 Town BMV for construction of a existing service center at 8215 Main Street, #24 Sandy Baker for Change-in-Use from residential to salon at 6215 Goodrich Road and #25 Calvin Caruso for development of a car wash facility at 6705 Transit Road. The Clarence Chamber of Commerce supports and promotes the approval of these projects and they ask that the Town Board take the necessary steps to move these projects along. The mission of the Clarence Chamber of Commerce is to support and strengthen business in the Town of Clarence.

Henry Becker of 9490 Keller Road questioned agenda item #24 the conversion of a residence to a hair salon. Mr. Becker has a problem with the making of the front yard into a parking lot without getting permission from the Town. If cars try to park there, they will have to either back in or back out onto Goodrich Road. There was also talk of a sidewalk going through that area. The parking facilities the applicant would need with three stations and three operators having three customers per operator would be six parking spaces. There is an apartment upstairs which would create two more parking spaces for a total of eight parking spaces if no one else showed up. There is no way those cars can fit horizontally even though at a Planning Board meeting they said they could.

A Public Hearing was held regarding the Annual Master Plan Review. James Callahan said that Master Plan 2015 was adopted August 15, 2001 and has been in force providing guidance on land use decisions since that date. The plan contains a series of community goals and land use recommendations as a means of achieving these goals. One of the critical elements of the plan is the requirement to hold an annual public hearing to enable the Town Board to ensure the community is developing in the desired manner. Tonight represents the fourth such annual public hearing on the adopted plan. The public is encouraged to make comments on the goals and land use recommendations contained in the plan. Any recommendations forwarded will be referred to the Planning Board for discussion and recommendation back to the Town Board.

Councilman Bylewski said the Planning/Zoning Department prepared a Fiscal Impact Analysis of 2004 Land Use Permits.

Commercial Development – the town issued eighty-two (82) building permits in 2004, thirty-one (31) of which added square foot area to the Town’s tax base. The total amount of space that was added was 248,219 square ft. area. The total value of the added space equaled $13,049,000 or $52/sq. ft. area. The most notable projects were as follows:

Commercial:

  • Wal-Mart Super center 131,897 sq. ft. $7,000,000. Assessed valuation
  • North Forest Development Office 18,228 sq. ft. $ 400,000 assessed valuation
  • Master Chong’s Tae Kwon Do 10,000 sq. ft $ 400,000 assessed valuation
  • GM Hummer Sales Office 9,417 sq. ft $ 2,122,000 assessed valuation

The net revenue from the new development would be approximately $352,323 this year. The rate and net impact on the tax levy is the most positive showing since the adoption of Master Plan 2015. This last year most closely matched the Alternative 4 scenario described in the Center of Governmental Research Study.

Residential:

The Town issued 168 new single-family building permits last year. Sixty (60) were outside of approved subdivisions. This represents the largest percentage of homes built outside of sewered subdivisions in eight years.

The overall assessed value increased is estimated to be about $48,424,000. The average new home was 4,022 sq. ft. and valued at $288,238 not including land value. The estimated increased tax revenue equals $1.3M.

According to the Fiscal Impact Model developed by the Center for Governmental Research, the estimated impact on the tax levy would be -$10,699 to the Town & Highway budget and +$112,734 to the Clarence School District budget. The average unit had an overall net impact of $607.

Mary Powell 4354 Homestead Lane is a member of the Clarence Industrial Development Agency and past president and board member of the Clarence Chamber of Commerce. For four decades her company has owned commercial, light industrial and agricultural properties in the Town. The majority of her family members have lived in the Town of Clarence their entire lives. Their company has been responsible for commercial projects that have increased the towns tax base by hundreds of thousands of dollars annually. Ms. Powell's concerns and comments lay within the contradiction of the Master Plan. Chapter One of the Master Plan speaks to the potential decline and commercial and industrial development ratio as compared to residential development. The Master Plan limits potential tax income from what little commercial property the town has left. We all know the importance in having a balance between residential and commercial development from a tax perspective. Commercial development lessens the tax burden on residential homeowners and it increases income but does not require the same level of service. The individuals and companies in the Main Street and Sheridan Drive corridors have made considerable investments in these areas through new construction of large scale and or costly building projects as well as incurring of holding land for future development. The contradiction falls within Chapter Five, which addresses neighborhood and restrictive business classifications. Under these classifications, a desire to reuse existing residential homes and to develop small-scale residential style commercial projects. This not only reduces property values of existing properties it also serves to erode our tax base not to increase it. An increase in the commercial tax base benefits all citizens and tax payers. We are running out of available land for commercial use. The available land that has been held for commercial development for many years should be developed to its maximum capacity while maintaining the integrity of these neighborhoods, which have been established as large-scale executive and professional developments. Sheridan Drive is a four lane state highway and it does not make sense to develop small-scale residential and commercial projects.

Henry Bourg 4329 Autumn Trail, Chairman of the Clarence Industrial Development Agency. Mr. Bourg was directed by the IDA Committee to speak at this public hearing. After reading over the Master Plan, one of the things that really struck him was how clearly stated it is in the Master Plan that the best long-term plan for town development is one in which promotes enhanced commercial industrial development and the need to promote specific areas and to encourage outside investment in these areas. The Master Plan also identifies that we have some problems in those areas primarily the three areas currently zoned industrial (Roll Road, County Road and the area along Wehrle Drive). We have some problems; the primary one is that we do not have infrastructure premolar sewers to encourage the best kind of development in those areas. What seems to be lacking in the Master Plan is a specific action plan to accomplish these goals. In looking at those three areas, for a lot of reasons there has not been a lot done with those areas in the last four years, there has not been much development. The goals that need to be set are those that would result in the most desirable high-assessed value and the most attractive use of the commercial industrial area that we do have. The IDA is concerned that a continued lack of attention to some of these areas will result in piecemeal development of these areas or no growth at all because the services and infrastructure needed is not there. This will not enhance the tax base of the town to the maximum that it could be if these areas were properly utilized. The IDA is recommending the town consider a more specific detailed Master Plan to bring the necessary infrastructure to the currently designated industrial business park areas. They also recommend that input be solicited and seriously considered for the revised zoning in these areas from experienced successful commercial developers such as Uniland, Ciminelli Development and Casilio Companies. The current zoning revisions have been in consideration for three – four years and have gone through a lot of iterations and there may be some resistance at this late date to make any more changes to it. It would be a shame if the fact that you want to get it done precludes the town from soliciting the input from the people who know how to do these things right. Uniland has already come forward with some recommendations.

Another topic that is not adequately addressed in the Master Plan is revitalization of existing commercial and industrial areas. Several years ago the Town Board passed a resolution designating several areas of the town as revitalization zones. This has allowed the IDA to provide certain benefits to make it more attractive for businesses to improve and expand within these zones. Undeniably we have certain areas where revitalization is needed and desirable. The IDA feels that it should be a goal of the Master Plan to encourage this activity to a greater extent, which will ultimately enhance the appearance and the tax base of the town.

Brian Cook, Uniland Development said the annual Master Plan review process in and of itself is very restrictive to business and commercial development. He would like to see this changed to possibly two to three times per year. This would give individuals more of an opportunity to be reactive to the business movements and opportunities that present themselves. In all of the processes involved in commercial development it is important to streamline the process and do everything you can to overlap and run the processes concurrent to shorten the time frame from application to approvals. It is very important for business today to react quickly. Uniland has a history of being able to do that in many municipalities and it pays dividends when you react that fast.

It is important to revisit the location for commercial development and solicit input from Uniland Development as well as the other development companies in the Town. In particular develop criteria for office type developments that are Class A offices verses Class B offices. Commercial Class B office with some light industrial use behind it and then into the heavy industrial uses. In the zones that are indicated for Industrial Use, in those locations there are several that are in federal wetlands, state wetlands and existing quarries of different types. This type of topography and natural features are a distraction and take away from a Class A office park or a business park. Some more thought needs to go into location as it relates to office and commercial development. The guidelines to develop a multi building development for office/industrial/commercial type uses is not spelled out in the comprehensive plan or the proposed zoning law. Mr. Cook requests that more time be taken to develop those criteria so that when a developer comes to town, it is already set up and does not become a guessing game. The proposed Zoning Law restricts a lot of the commercial development types to between 10,000 – 30,000 square feet. When you try to do a larger commercial development or office development ( buildings that are 100,000 – 150,000 square feet) you take the pressure off having several smaller commercial uses throughout the Town. Class A and Class B office parks are tremendous buffers between some of the commercial retail and industrial uses and the residential uses as well.

There are many trade-offs that are considered mitigation for higher densities. If a building gets large if a building gets taller you increase the buffers for that particular development to offset those density changes. The Zoning Code and the Master Plan does not address those kinds of issues that would allow development to be more significant and also contribute to a greater contribution to the tax base from a commercial standpoint as well. When you develop a business park with multiple buildings that are serviced off of a private road system and private parking all the landscaping, the snowplowing and maintenance of the buildings for the entire grounds is all taken care of as part of that development so there are not any demands on the Town other than fire and police protection.

In targeting some of these commercial areas and looking at different locations for it, there is a need to speed up the process of looking at the infrastructure upgrades, start identifying real projects and start pursing funding for those projects for infrastructure improvements so that commercial development can take place.

Assessor David Folger said that we have heard many great reasons why the Town needs commercial development. In one week the Assessor’s Office will be sending out 12,000 notices to people that will generate $200 million in assessed values for the Town of Clarence of that, 80 percent is residential.

Jim Blum 5509 Martha's Vineyard said that the Master Plan was adopted in 2001 3-˝ years and three annual reviews later we are now about to pass a comprehensive zoning law. It is the first critical action item in the Master Plan, it is a good thing to do something with it however he is not sure what we should do about commercial properties but his personal feelings are that we should put in what we have ready and go back and work on commercial. Mr. Blum complimented the Town Board, Planning/Zoning Office and the Planning Board for the fact that he believes a priority list of items supporting the Master Plan and he feels that it is the right list. Mr. Blum said he was concerned that developments and changes are proceeding without the benefit of the refined Master Plan action items that allow some changes to not be done in line with the intent of the Master Plan. Mr. Blum said we have a priority but we do not have any dates and this does not give us enough focus to get things implemented. He would like to see target dates and some type of reports on a regular basis showing where we stand. Mr. Blum feels that the proposed zoning law revisions should be passed at the next meeting. He is especially certain that house size relative to lot size of 13% two story and 18% one story for single family houses is the correct thing to do, it is better than using fixed set backs because it relates to the size of the house.

Following the Zoning Law, we need the comprehensive Subdivision Law. Residents are concerned about what the town will look like once it is built out; they are especially concerned about the vista along the roadways. In order to accomplish the county-type setting, that is why the overall Subdivision Plan, the Tree Ordinance, the Landscape Law and things regarding preservation of natural features and similar items are of great interest. There is a probability that we should restrict building along roads where we are concerned about vista. It is especially important to save woods, streams, escarpment and other interesting natural features.

Mr. Blum further said that we may need a fast track process for some kinds of projects, however the process should still include public notices and public hearings to allow public input. This may mean that some of our boards may have to meet more often in order to accomplish what is required. The Subdivision Law revisions should get immediate consideration and have great urgency to get implemented. Mr. Blum does not know where the growth cap limits should be in Clarence law or if they should be in a past policy we have them for single-family homes. He feels that we need them and we may also need limits in other categories such as duplexes, patio homes, town houses, manufactured homes, apartments or whatever housing units can be created.

In regard to the Tree Law and the Landscape Law we need to protect the existing trees, we now know how difficult it is to replace them when they have been taken down. Mr. Blum would like to see Clarence become a "tree city."

In regard to parks and recreation, Mr. Blum is pleased that we have a Master Plan and are working with a consulting firm. There is a rule of thumb that says a neighborhood park should be within a ˝ mile of any subdivision home so it is convenient to walk to. There is a state law that allows a town to select land for recreation when a subdivision is planned. Chapter Six in the Master Plan says that we need more neighborhood parks.

Mr. Blum believes that the Clarence single-family home building limit of 240 residential permits per year requires the addition of between 15 – 20 acres of developed parkland annually. We have not brought enough recreation facilities in line to keep up with our building growth for the last 10 – 15 years. Mr. Blum's greatest concern is that the standard of about ten acres of developed park land for 1000 people mentioned in the Master Plan is not appropriate for Clarence because it is based on an urban city guideline and should be at least double.

Mr. Blum complemented the Board on the open space plan /green space acquisition. It was talked about since 1989 and has finally happened. He is especially happy about the selection of lands between Lapp Road and Wehrle Drive where most of the Towns population resides.

Mr. Blum has some concern about whether we are showing infrastructure in the Master Plan to support police and court it is something that should be looked at. This is the fourth annual review of Master Plan 2015 progress is improving but Mr. Blum does not feel that we have made the progress that we need to make.

Kathleen Flemming representing Waterford Village Bank said that she has reviewed the thirty-six pages of the Master Plan. She has purchased property at 8411 Main Street and she concurs with many of the citizens and business owners tonight who have said they are very proud of the effort the Board has made and applaud the time, money and energy that has been put into developing the Master Plan. However, she would advise that the Board keep in mind that commercial businesses such as herself coming into town can take a lot of the tax burden off the residence. Her new bank will create 55 temporary construction jobs and 10 – 15 permanent jobs. New revenue of approximately $50,000 they would donate on behalf of the citizens for the Town of Clarence. Currently the property that she has purchased is slated for commercial development. She has spent a lot of time and energy to try to full fill the wishes and keep the feel of Clarence by providing a pedestrian friendly site with extensive concrete walk ways, sidewalks and a landscape plan that makes it like a tree city. Ms. Flemmings concern with the Master Plan is if the new zoning laws go into effect, it could possibly restrict her development of their site that she has already purchased under the existing commercial and land use. Ms. Flemming said that she supports development in the Town of Clarence and under the Community Reinvestment Act will invest up to 20% of their loan portfolio in infrastructure, residential and commercial building within a three mile radius of her site. If the Traditional Neighborhood District goes into effect, it could adversely affect her project and their ability to help relieve the tax burden on the residents of Clarence.

Sean Hopkins representing the proposed Walgreen’s at the intersection of Transit and County Road feels his project is very much in line with Town’s vision and goals for commercial development. By looking at the existing Walgreen’s at Greiner and Transit Road and then compare it to what is being proposed Mr. Hopkins feels that his client has done everything that has been asked in terms of architecture and landscaping ensuring that it is pedestrian friendly, the parking area has been screened. The one problem with respect to the proposed Traditional Neighborhood District zoning of that site is that his client will not be able to move forward with the project if they are not allowed to have parking on the Transit and County Road portions of the project site. Mr. Hopkins asked that consideration be given to moving the southern boundary of the Traditional Neighborhood District zoning so that it corresponds with that portion of Transit Road where it narrows from five and four lanes down to two lanes just north of Ransom Creek. That would be consistent with the character of Swormsville. Mr. Hopkins would hope that when up-dating the comprehensive plan, consider further changes in the Towns zoning code that this would be taken into consideration.

Councilman Kolber was absent but asked that his comments are read into the minutes. The residents of our town overwhelmingly want to maintain a semi rural character. Bigger and more is not always better. It will be a continual and ongoing battle to maintain what we have. It is time to dramatically slow down the growth rate and eliminate the influx of the suburbia style subdivision, which overstresses our two lane rural roads, inundates our schools and eliminates the semi rural character of our town that we so cherish. We need to completely change how development is done in this town. Lot sizes should be increased significantly and heavy open space needs to be maintained with each development. It is time that we identify our capacity and lives within it. To not do so will ultimately severely impact our tax rates and destroy the quality of life we presently enjoy.

Councilman Weiss was absent but asked that Councilman Bylewski read his comments and that they be entered into the record. Councilman Weiss mentions the burdens that people have to bear regarding both the federal, state and county taxes as well a school costs. Bearing that all in mind Councilman Weiss is proposing that the following two constraints be added to the Master Plan: 1) No more than 50 building permits be issued per year, twenty lots outside of developments and thirty lots in developments. 2) The Town of Clarence will no longer accept any maintenance responsibility for roads. It will be the developer who funds, by way of a homeowner’s association if need be, all snow plowing, leaf and brush pickup and maintenance of roads being constructed. In short, we will no longer give scholarships to developers. Recreation and green space fees will be raised to 2% of the assessed value of each property.

Wendy Salvati 4915 Pineledge Drive North commented on the proposed land use map specifically the areas that are shown as striped for projects under review. She feels that what ever the proposed land uses are under the plan for these areas should be shown rather than have stripping over those sites.

Councilman Bylewski stated that as a follow up to some of the comments that have been made, we are in the process of developing an Adequate Public Facilities Law which will hopefully in conjunction with the Capital Improvements Budget try and deal with some of the issues particularly regarding sewers and to try to make some of these shovel ready sites.

As a result of some of the comments Mr. Blum had at the last annual Master Plan review a comment came back and that comment actually set forth the action items and a timetable for completion. It was mentioned that the Zoning Laws have taken time to develop it; it is Councilman Bylewski recollection that Grand Island developed their Master Plan about ten years ago. It took them all that time to develop then the appropriate land use zoning laws and to enact them.

As to the building cap limits verses legislation we have asked the consultants doing the Adequate Public Facilities law to forward such appropriate legislation.

The street map itself was mentioned at the last Master Plan public hearing and again it is another issue that as our Adequate Public Facilities law comes forward we should be able to develop more of a street map regarding where we want to have roads specifically.

Councilman Weiss comment regarding the 2% percentage of assessed value being used as fees, it is Councilman Bylewski understanding that the proposed subdivision law is looking at 10% and our Master Plan itself dictates that we should have a percentage based fee that is based on assessed value.

Kevin Curry 4197 Heather Drive said that the comments offered from those in the building and development community should be given a great deal of weight. Mr. Curry thanked Jim Callahan and the entire town board for all the work that has been done to keep this an open process. Mr. Curry’s comments this evening relate somewhat to how the Master Plan appears to be unveiling itself in the Zoning Ordinance. Mr. Curry’s foremost concern is that these documents encourage sprawl and promote economic discrimination. If sprawl does exist, increasing the lot size twenty-five or fifty percent will increase sprawl by the same amount. In regard to economic discrimination we are creating a community, which is unaffordable to anyone except the elite to the aristocrats. Mr. Curry does not believe that we are providing for a choice in housing or a mix in housing. The Traditional Neighborhood District section of the Zoning Ordinance and the clusters are too limited. There is not enough incentive provided in the ordinance to allow these clusters to be properly developed.

If the lot coverage ratio is placed, this is the wrong way to handle things. Mr. Curry feels the proper way to handle that is with setbacks. It is his opinion that even if larger lots become the norm perhaps we will want to look at larger side yard setbacks as opposed to overly restrictive lot coverage ratio. With the new ordinance, not only will we be creating non-conforming lots but will be creating non-conforming structures. Side yard restrictions are the proper way to legislate your end goals.

Mr. Curry further commented that there are a lot of areas where the commercial sections of the ordinance may be deficient or inconsistent. It is his opinion that the zoning map has not received enough attention. The general public does not understand the map itself.

Mr. Curry read from the Master Plan:

    Page 3) As the county road frontage is built out, the vistas of open spaces and farmland behind the new homes may become blocked; creating a character change that is undesirable for the community. Mr. Curry referenced Councilman Bylewski statement that we have built more homes outside of subdivisions this year than in any prior year. The Master Plan states that we are trying not to do that. To Mr. Curry this would mean that we would prefer subdivisions as opposed to building on existing road frontage. On that same page Mr. Curry read paragraph two and paragraph six.

    Page 8) Incentives can be developed within the zoning district to encourage preservation of the existing road frontage (i.e. offer a higher density for unique designs promoting maintenance of existing road frontage). Mr. Curry does not believe this is worked into the proposed zoning ordinance as such then that would leave the ordinance somewhat contradictory to the Master Plan itself.

    Page 15) Access to public sewers is critical to the long-term environmental health of the community. Mr. Curry said that we need to develop a plan. There has been some discussion of developing a capital plan for the extension of sewers as they are deemed in the Master Plan to have positive benefits.

    Page 18) Mr. Curry read the last paragraph

    Page 24) Clustering Zoning Incentive: Mr. Curry said he is not sure if incentives exist in the new ordinance. Paragraph six: A streamlined process should be developed for Planned Unit Residential Developments PURD) to encourage common area development and maintenance. Mr. Curry said that it is unfortunate that the proposed zoning law has eliminated the PURD altogether where the Master Plan states that we should have streamlined the process.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. On the question, Supervisor Hallock stated that all comments will be reviewed and the process is identified in the Master Plan. Further on the question, Councilman Bylewski said that there is a recent urban law journal article that talked about Traditional Neighborhood Districts and why some of them have not been working out as affordable. One of the things that they recommended was that the development community meets with the affordable housing community and come up with some specific recommendations. Councilman Bylewski urged the developers in the audience that are interested in that to meet with some of the affordable housing experts that are in the community and to come back with more specific proposals. We do not want to be a discriminatory community and want to make sure that we are as inclusive as possible. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the comments that were raised tonight as a result of the public hearing for review under Chapter 11 of the Master Plan so they will be reviewed by the Planning Board or for them to come back to the Town Board with their responses to those comments within the appropriate time as set forth in the Master Plan. On the question, Councilman Bylewski stated that the Master Plan is our land use constitution. It should not be easy to amend a constitution. The U.S. Constitution had a specific provision that slavery would not have even been addressed for the first twenty years of the U.S. Constitution however, it is not written in stone. Likewise our land use Constitution Master Plan 2015 is not written in stone. Hopefully our Planning Board in its review process will take a look at these items and come back with any appropriate proposals. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Domenic Piestrak requests Final Plat approval for Hidden Pond Phase II, Part III for thirty six Residential A lots, including road dedication for approximately 1,700 lineal feet of Rosecroft Drive, approximately 300 lineal feet of Glen Brook Court, approximately 300 lineal feet of Fairmeadow Court and approximately 300 lineal feet of Glen Iris Drive in Hidden Pond Subdivision.

Jim Callahan stated that this property is located east of Goodrich between Greiner and Clarence Center Roads. It is an extension of the existing Hidden Pond Subdivision. It was rezoned to Residential A on May 22, 2002. The Master Plan identifies this area as a residential classification. Development Plan Approval was granted on August 11, 2004. Applicant is requesting Final Plat approval as the roads have all been installed. All regulatory agency and department approvals are in order. Supervisor Hallock asked Mr. Piestrak if sidewalks were included. Mr. Piestrak stated that his goal is to do the entire proposed area in sidewalks. Councilman Bylewski further questioned if the sidewalks would connect up with Goodrich Road into the subdivision, Mr. Piestrak said that was correct.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following Resolution:

Resolved, that the Clarence Town Board approved the Final Plan for Hidden Pond Subdivision, Phase II, Part III for 36 Residential A lots, including public road dedications and conditions as follows: Public road dedications 1700’ of Rosecroft Drive, 300’ of Glen Brook Court, 300’ of Fairmeadow Court, 300’ of Glen Iris Drive. Subject to recreation and open space fees. No building permits to be issued until all the appropriate documents necessary to convey said roads to the Town of Clarence are reviewed and approved by the Town Attorney and upon such approval, the Town Attorney must receive proof of the filing of the road deeds. Sidewalks will be included. Performance bond for completion of sidewalks to be established by Town Engineer. No building permits are to be issued without resolution and/or completion of sidewalks. Mr. Piestrak was in agreement with all conditions. However, he stated that the sidewalks are the builders’ responsibility and he did not know how you could do a Bond. James Callahan said the Bond is specifically for the sidewalk from Goodrich Road out to the first residential unit. On the question, Councilman Bylewski stated that as a matter of disclosure, his firm has represented some of the companies that Mr. Piestrak has been involved with however this is not one of them. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Waterford Village PURD requests Final Plat approval for Waterford Commons Phase II and Waterford Estates Phase II. James Callahan said the proposed site is located north of Roll Road; the property was rezoned to PURD in 2003. The Master Plan identifies the area in a residential classification. The applicant is present for Final Plat approval for 32 lots. Site Plan approval for these particular phases were granted on September 22, 2004. Applicant is present for Final Plat approval for 32 lots in Waterford Commons including dedication of approximately 1000’ of Shannon Court, 600’ of Managhan Lane, Final Plat approval for 33 lots in Waterford Estates including dedication of approximately 1600’ of Corrine Lane, 550’ of Curry Lane and 100’ of Wexford Manor. All conditions of Site Plan approval must be adhered to. All regulatory agency and department approvals are in order.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following Resolution:

Resolved, that the Clarence Town Board approves the Final Plat for Waterford Commons, Phase II for 32 PURD lots and Waterford Estates, Phase II for 33 PURD lots subject to the dedication of the following roads and the following conditions: 1) Public Road Dedications 1600’ of Corrine Lane, 550’ of Curry Lane, 100’ of Wexford Manor, 1000’ of Shannon court, 600’ of Managhan Lane. 2) Subject to all conditions as identified in the site plan approval of September 22, 2004. 3) No building permits to be issued until all the appropriate documents necessary to convey said roads to the Town of Clarence are reviewed and approved by the Town Attorney and upon such approval, the Town Attorney must receive proof of the filing of the road deeds. The applicant was in agreement with all conditions. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Angelo Natale requests Concept Plan approval for development of an office building and a Special Exception Use Permit for four town houses at 9159 Main Street. Jim Callahan said 9159 is located on the south side of Main Street, west of Thompson Road consisting of one acre in a commercial zoning classification. The Master Plan identifies the area in a commercial classification. The applicant is proposing a 10,000 sq. ft. office building. Councilman Bylewski said that we are in the process of amending our Zoning Laws so this project may be impacted by that.

Mr. Natale said that he is proposing to construct a 10,000 sq. ft. office building. He will be moving his main offices from Williamsville to this office building. After reviewing the project, Mr. Natale has decided to increase the square footage of the office building and eliminate the residential units.

Motion by Councilman Bylewski, seconded by Councilman McPherson to refer the request of Concept Plan approval for development of an office building at 9159 Main Street to the Planning Board for further review. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Frank Chinicci requests Development Plan approval for construction of a 47-unit patio home project at 5831 Transit Road (Laurel Park). The project is located on the east side of Transit Road south of Clarence Center Road behind Transit Valley Plaza consisting of 14.3 acres zoned Planned Unit Residential Development (PURD). The Master Plan identifies the area in a Residential Classification. Applicant is seeking Site Plan approval for construction of the PURD as presented and recommended by the Planning Board.

Sean Hopkins Attorney representing Frank Chinicci stated at the last Town Board meeting, there was a somewhat intense discussion relative to the form of ownership for this property. Mr. Hopkins said that they have indicated that it would be condominium project. Further, Mr. Hopkins stated that it is important for everyone to keep in mind that he and his client were under no obligation to reveal that to the Board. However, the Board did ask for additional information and Mr. Hopkins did provide it. Everyone basically provided him with his or her position with respect to that form of ownership. Mr. Hopkins stated that he understands that position but he asked that the Board look at the Zoning Code; the PURD Zoning Classification will be eliminated when the proposed Zoning Code is adopted. However, if you look at the language that is there today expressly encourages various types of residential development as well as various forms of ownership. One of the listed uses is condominium. As Councilman McPherson indicated earlier this evening, at the Association of Towns, once again all municipalities unanimously passed a resolution indicating that allowing this type of ownership for detached residential housing should be eliminated by the NYS Legislature. This would be fine because it would level the playing field however, given the existing environment in WNY Mr. Chinicci would like to have that same benefit that similar projects throughout WNY do. Mr. Hopkins stated that it would be up to the state legislature to legislate or to regulate that aspect of the project. Mr. Hopkins feels that his client is entitled to a favorable decision. If the Board does feel otherwise, he will have to consider other options.

Sean Hopkins said that during the previous meeting there were comments made relative to whether any misrepresentations had been made with respect to the proposed form of ownership. Mr. Hopkins personally reviewed all the minutes from the Planning Board, Town Board, Executive Committee of the Planning Board, and Municipal Review Committee. In all the minutes that were available in the file, Mr. Hopkins stated that he did find any indication that there was ever any misrepresentation with respect to ownership. It is true that Planning Board Chairman Pat Powers has expressed her views similar to Councilman McPherson that this type of project should not be eligible for condominium status. Mr. Hopkins respects that view but nonetheless he feels that based on the existing zoning and the fact that to date the state legislature still allows that type of ownership with this type of layout he would hope that the Town Board would agree and issue an approval.

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

Resolved, that the Clarence Town Board grants Site Plan Approval for the development of a 47-unit patio home project (Laurel Park) at 5831 Transit Road subject to the following conditions: 1.Landscape Plan Approval. 2.Recreation and Open Space Fees. 3. Homeowners Association Prospectus to be reviewed by the Town Attorney. 4.Stub Road to be terminated before the property line with an adequate turn-around. 5. A minimum 40’ rear yard setback with a 20’ natural buffer. 6. Patios in rear yards to be at-grade and maximum of 15’ from the principal building. 7. All conditions as identified by the Town Engineer. 8. Project to be assessed at 100% value and remain at 100% assessment as patio homes. Sean Hopkins said that a landscaping plan has been approved. Councilman Bylewski said that during Sean Hopkins last appearance in front of the Town Board a community facility was discussed and putting in a gazebo along with an appropriate number of park benches. An upgraded plan should be submitted with an upgrade of those amenities. Councilman Bylewski asked that the landscape committee take a look at the gazebo and the appropriate number of park benches to be put in. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Lou Visone requests a Special Exception Use Permit for conversion of an existing motel into rental units at 9300 Main Street (Park Plaza Motel). This property is located on the north side of Main Street; east of Thompson Road consists of approximately 2.7 acres in the Commercial Zone. It is home to the existing Park Plaza Motel. The Master Plan identifies the area in a Commercial Classification. The applicant is seeking permission to construct an addition to the existing motel to convert to apartments. Councilman Bylewski questioned whether this project complies with the Master Plan and would there be any impacts with the proposed zoning law that would be adopted on this plan. James Callahan said that this is in a commercial classification and it is proposed to remain in a commercial classification. Under that classification, residential is a permitted use. Multi-family residential is permitted with a Special Exception Use Permit.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a public hearing March 23, 2005 at 7:50 P.M. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Lou Visone requests Concept Plan approval for development of an office park behind 9300 Main Street. This property is located on the north side of Main Street, east of Thompson Road behind the Park Plaza Motel consisting of approximately 3.2 acres, zoned commercial. The Master Plan identifies the area in a Commercial Classification. The applicant is introducing a concept for development of an office park.

Motion by Councilman McPherson, seconded by Supervisor Hallock to refer the request for Concept Plan approval for the development of an office park behind 9300 Main Street to the Planning Board. On the question, Councilman Bylewski said that we are in the process of amending our Zoning Laws so that may impact this project. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman. Motion carried.

People Incorporated requests a Special Exception Use Permit for a 50-unit senior housing project at 4725 Transit Road. This property is located on the east side of the Sheridan Drive access to the Eastern Hills Mall consisting of approximately 4.1 acres zoned commercial. The Master Plan identifies the area in a Commercial Classification.

Brenda Frederick, Chief Operating Officer for People Incorporated is requesting approval to be referred to the Planning Board for review of a 50-unit affordable senior housing project as funded by HUD202 grant.

Councilman Bylewski said that we are in the process of amending our Zoning Laws so that may impact this project. Under the existing as well as the proposed zoning law, there are restrictions regarding the number or units and/or square footage per unit. However, it may depend how the applicant has the internal site plan configured that it would lend itself to the definition. More work would need to be done regarding this project particularly regarding the floor plans, which would impact the density.

Motion by Councilman Bylewski, seconded by Councilman McPherson to refer the request for a Special Exception Use Permit for a 50-unit senior housing project at 4725 Transit Road to the Planning Board for further review. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Waterford Bank requests Concept Plan approval for construction of a new bank at 8411 Main Street. The property is located on the south side of Main Street, west of Harris Hill. The property consists of approximately 1.6 acres, zoned commercial and home to the existing Clarence Motel. The Master Plan identifies the area in the Traditional Neighborhood District. The applicant is introducing concept for Town Board consideration.

Frank Whalen representing Waterford Village Bank stated that the proposed building is 6,700 sq. ft. with four drive-thru locations as well as an ATM. The building construction consists of glass and brick with an arched wall that extends towards the front. The east side area is landscaped to screen cars. There is a large plaza entrance near the front of the bank that will handle community activities in the summer time. There is a clock tower prominently located to the front of the building with a dial face.

Councilman Bylewski said that we are in the process of amending our Zoning Laws so that may impact this project. This project is located in the proposed Traditional Neighborhood District and we will be looking for architecture that is more federal style.

Motion by Councilman Bylewski, seconded by Councilman McPherson to refer the request for Concept Plan approval for construction of a new bank at 8411 Main Street to the Planning Board for further study and review. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Jeff Palumbo attorney for Waterford Bank and member of the Board of Directors stated that Councilman Bylewski indicated that the proposed project is in the proposed Traditional Neighborhood District. Mr. Palumbo said the project is currently in the Commercial District. Councilman Bylewski said that the Town Board has architectural approval and that is the theme set forth in the Master Plan. We have a local law that requires us to follow the Master Plan and any discrepancies between the two rests in favor of the Master Plan.

Benchmark Group requests Concept Plan approval for redevelopment of Clarence Mall at 4401 Transit Road. James Callahan stated that the site is located on the northeast corner of Main Street and Transit Road in the existing Clarence Mall consisting of approximately 28 acres in the Major Arterial/Commercial Zones. The Master Plan identifies the area as Commercial/Major Arterial Classification.

Motion by Councilman McPherson, seconded by Councilman Bylewski to refer the request for Concept Plan approval for redevelopment of Clarence Mall at 4401 Transit Road to the Planning Board. On the question, Councilman Bylewski said that we are not only in the process of amending our Zoning Laws and also in the process of looking at a Land Use Access Management Plan that may impact this project. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Krislyn Associates requests Concept Plan approval for a new office complex at 6215 Transit Road. The property is located on the east side of Transit Road, north of Woodbridge, south of the Peanut Line consisting of approximately one acre of vacant land zoned Major Arterial. The Master Plan identifies the area in a Major Arterial Classification.

John Haas from Haas Architects representing Mr. DelGrosso stated that he received a letter from Assistant Town Engineer Tim Lavocat indicating issues with the floodway. Mr. Haas indicated that the building would be moved north as Assistant Town Engineer Lavocat recommended eliminating any floodway issues; there will be no development within the floodway.

Motion by Councilman McPherson, seconded by Supervisor Hallock to refer the request for Concept Plan approval for a new office complex at 6215 Transit Road to the Planning Board for review. Before the project gets on the Planning Board agenda, Town Engineer Latona is to review and approve the location. On the question, Councilman Bylewski said that there was concern raised by Town Engineer Latona regarding the location and his recommendation was that the project be referred to the Planning Board however, before it goes on the Planning Board agenda, our Town Engineer review and approve the location with reference to the floodway. Mr. DelGrosso said that since they did the Concept Plan and based on information in meetings he had with Mr. Lavocat his advice was to work collectively with Mr. Haas and work with a professional engineer. Bissell-Stone Engineers are now putting a plan together based on the information from Mr. Lavocat. Councilman Bylewski said that we are in the process of amending our Zoning Laws so that may impact this project. Mr. DelGross stated that he has eliminated the rear building from the proposed development making it less dense with more open space with and added more parking area. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Avis Rent-A-Car requests a Special Exception Use Permit for an automotive leasing center at 4475 Transit Road.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to table this request, applicant was not available. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Towne BMW/Mini requests a Building Permit and Architectural approval for construction of a 5,462 sq. ft. addition to the existing service center at 8215 Main Street. The proposed site is located on the south side of Main Street, east of the Stonegate Office Park. The existing automotive sales operation is located on approximately 3.9 acres in the Commercial Zone. The Master Plan identifies the area in a Commercial Classification. The Planning Board has forwarded a recommendation with the following conditions: the Landscape Committee has reviewed and approved the final landscape plan. Approved landscaping must be installed by July 1, 2005. The southwest pole light will be the only light left on at night, and to be set on a timer. Flagpole lighting on the front must be changed or eliminated. All lights properly shielded from adjoining neighbors.

The applicant for Towne BMW said that since their last appearance in front of the Board, he has had several meetings with the neighbors involved in this project and have addressed all their concerns.

Councilman McPherson said to clear the record; there have been some initial reports that representations have been made about buffering to the residents in the subdivision between their property and the Towne BMW property. Its subsequently been learned that the representations that were made were made on property that the people who made the representation did not own. There were slanderous remarks cast at the applicant that he had over stepped his bounds and that he did clear more than he should have. But part of the complaint process involved a complaint that there was a promise of a 200’ buffer. That 200’ buffer was made by people who did not control the land they said would be buffered.

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

Resolved, that the Clarence Town Board approves the 5,462 square foot addition to the existing service center at the Town BMW/Mini location at 8215 Main Street. The Planning Board recommended the project with the following conditions: 1. Landscape according to the plan approved by the Landscape Committee to be installed by July 1, 2005. A bond must be posted to ensure completion. 2. The southwest pole light will be the only light left on at night, and to be set on a timer. 3. All lights on the property to be properly shielded from adjoining residential uses. 4. Flag pole light removed or changed to eliminate impacts on adjoining residential uses. On the question, Councilman Bylewski stated that there was a resident who commented that the flag was flying unlit at night. Also, the applicant is aware that failure to comply with the landscaping plan may result in violation for each day that the landscaping is not put in place. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Sandy Baker requests a Change-in-Use from residential to salon at 6215 Goodrich Road. The property is located on the east side of Goodrich Road, south of the access road to Building/Engineering Department. It is an existing residential structure located on approximately .27 acres in the Commercial Zone. The Master Plan identifies the area in a Commercial Classification. The Planning Board and the Traffic Safety Board have forwarded a recommendation on the final design as presented with the following conditions: no parking in County right-of-way, front portion in the right-of-way to be restored to green, Traffic Safety Board approval (which is in place in the file), parking spaces must be paved and striped.

Jeff Palumbo attorney representing Sandy Baker said the request as indicated is to change the use from its current residential use to beauty salon. This is a two-story building; a tenant in a residential unit currently occupies the second floor. The first floor will be the beauty salon with two chairs for hair cutting. There is a third chair for washing hair. The new driveway has been added on the north boundary line. The County has approved the driveway. Three spaces have been added for a total of eight spaces as required by the Planning Board. The open space area in the front will be returned to green space except for the parking on the north side and the turn around area on the south side. Mr. Palumbo said his client is in full agreement with the conditions that the Planning Board has placed on their approval. As soon as the weather permits, the open space area in front will be returned to green space.

Councilman Bylewski said that there has been talk about Pizza Inn connecting up sidewalks to the bike path. Would a sidewalk impact this site? Councilman McPherson said that the sidewalk would be in the right-of-way and the driveway turnaround is not.

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

Resolved, that the Clarence Town Board approves the land used changes in the commercial zone for a two chair salon at 6215 Goodrich Road subject to the following conditions: No parking in County R.O.W. as it obstructs view. Front portion in R.O.W. to be restored to green. Traffic Safety Board review and approval. Parking spaces must be paved and striped. Traffic Safety Board approval has been granted. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Calvin Caruso requests Concept Plan approval and a Special Exception Use Permit for development of a car wash facility at 6705 Transit Road. This property is located on the east side of Transit Road, south of County Road on existing residential property located in the Major Arterial Zone. The Master Plan identifies the area in a Commercial Classification. The Planning Board failed to make a recommendation on the final design. The applicant is seeking the approval for development of a car wash facility, which would require a Special Exception Use Permit and is requesting a public hearing to consider the use.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a public hearing March 23, 2005 at 7:55 P.M. to consider the request for a Special Exception Use Permit for development of a car wash facility at 6705 Transit Road. On the question, Councilman Bylewski said any proposed amendments to the Zoning Law might impact this project. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Joseph Lombardo requests a Demolition Permit for an existing home construction prior to 1950 at 7980 Northfield Road. This property is located on the west side of Northfield Road, consisting of an existing residential structure in the agricultural zone on approximately fifty acres. The applicant is seeking to demolish the existing structure to construct a new home. Per the Demolition Law this structure is greater than 50 years old and will require a Type I review under SEQRA.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request for a Demolition Permit for an existing home at 7980 Northfield Road to the Municipal Review Committee for further review. Upon roll call - Ayes: All; Noes; None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following: Clubhouse Applications A. Kiwanis of Clarence – March 26, 2005; Legion Hall Applications – A. CSEA Blue Collar – February 24, 2005, Hai Family – February 27, 2005; Sriti Hossain-Burgess – March 5, 2005; Mary Mandel – April 2, 2005; Rock Oak Homeowners Assoc.- April 25, 2005. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss and Councilman Kolber. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of February 24, 2005 are approved for payment: General Fund - $1,104,879.37; Highway Fund - $60,297.89; Water - $1,599.15; Fire District (includes Clarence Fire District prepaid) - $2,683,645.60; Drainage - $325,300.00; Lighting - $1,024.81; Sewer - $595.00; and Special Revenue - $75,500.00 for a total amount of $4,252,841.82. On the question, Councilman Bylewski said that there are vouchers relating to NOCO, which is a client of his firm as well as a voucher for Clarence Historical Society which he is a member of however it is ministerial so he will be voting. Also on the question, the fire district amount includes a check that was pre-paid for the district. The reason it is so high is because it is disbursement of the property tax to the Special Districts. Upon roll call - Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Anne Case 10013 Greiner Road commented on item #15 regarding Mr. Chinicci request for construction of condos at 5831 Transit Road. Mrs. Case disagreed with Mr. Hopkins comment that our code does not require disclosure. She believes it does and she will share her thoughts with the Town Attorney at a later date. Since 1998 there has been no disclosure regarding condos, it has always been townhouses or patio homes.

Mr. Chinicci is asking residents of the Town of Clarence and those that live in the town and pay Williamsville School district taxes to subsidize forty-seven $300,000 homes at a 30% rate on each of these homes. Mrs. Case feels that this condo request is obscene.

There being no further business, the meeting adjourned at 9:45 P.M.

Darcy A. Snyder

Deputy Town Clerk