03/08/06


A Work Session of the Clarence Town Board was held on March 8, 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 Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, and Director of Administration and Finance Pam Smith

Public Hearings:

Public Hearing @ 7:45 P.M. to consider an amendment to Chapter IX of Master Plan 2015 regarding the Growth Cap Policy. The Municipal Review Committee has recommended the reduction in building permits issued.

Public Hearing @ 7:50 P.M. to consider a Local Law dealing with formalization of local action taken under the State Environmental Quality Review Act. In establishing the Town Environmental Review Board, Councilman Bylewski asked if we should establish the members of that board tonight. Town Attorney Bengart stated that we should follow normal procedures by opening it up to all applicants.

Public Hearing @ 7:55 P.M. to consider a Local Law dealing with landscaping on new projects and tree conservation across all properties within the Town to be know as Landscape and Tree Conservation Law.

Formal Agenda items:

Joe Nemmer 9330 Lapp Road
Applicant is seeking Town Board approval to amend previously approved minor subdivision on the lot to create a 100’ frontage lot for the purpose of creating a one lot Open Development Area. The proposed site is located on the north side of Lapp Road, west of Goodrich Road on existing Agriculture Rural Residential property located on 26.7+/- acres and consisting of a single-family residence.

Carl Frizlen 9435 Main Street
Applicant requests a Special Exception Use Permit for the development of a mixed use housing project 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. There are wetlands to the rear of the property. On-site sanitary sewage disposal for large-scale and multiple residential use may require the creation of a private sewer corporation. If the sewage works corporation dissolves, it becomes the Town’s responsibility. There are also drainage issues with poor soils and rock near the surface.

The Planning Board has referred this project back to the Town Board because of several issues. The multiple mix housing will require a Special Exception Use Permit as well as on-site sanitary sewage disposal (private sewer corporation). The applicant contacted the Planning Office today indicating that they would like to pursue the office building portion for now and forget the housing units. This will create a SEQRA issue in terms of segmentation however, in terms of land use a public office building would be in conformance. The applicant will be present to discuss his intentions.

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.

Campobello Construction 8145 Sheridan Drive
Applicant requests a building permit and architectural approval to construct a 960 square foot accessory structure. The proposed site is located on the south side of Sheridan Drive, east of access road to Eastern Hills Mall on existing commercial property with home and accessory garage utilized for commercial purposed. The property consists of approximately 2.35 acres zoned Commercial. The proposed building meets all commercial zone setbacks and sits approximately 500’ from Sheridan Drive. The building permit will be issued with conditions and stipulations noted.

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. The applicant has indicated this is not an in-law apartment however the building department has identified that this addition could be easily converted to a secondary living unit.

Todd Anderson 7871 Transit Road
Applicant requests a building permit and architectural approval for construction of a new office building in the Restricted Business 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. Town Engineer has reviewed this relative to the flood zone and everything is satisfactory. Office construction should work to screen some of the vehicle storage areas.

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. Applicant has asked to be removed from the agenda.

Work Session items:

Bruce Bonhoff 5955 Thompson Road
Applicant requests a Demolition Permit for an existing barn structure greater than 50 years old. The proposed site is located on the east side of Thompson Road, south of Clarence Center Road. The area is located in a Residential Single-Family classification but retains full agricultural zone rights as large tract and pre-existing agricultural use. Per the demolition law, as the structure is greater than 50 years old, demolition is considered a Type I Action under SEQRA. Applicant is seeking to avoid any costs associated with historic preservation.

Walgreens 6785 Transit Road
Applicant requests Development Plan and Architectural approval for a 14,900 square foot drug store. The proposed site is located on the northeast corner of Transit and County Road on existing vacant land consisting of 3.3+/- acres zoned Traditional Neighborhood District. A Special Exception Use Permit was issued by the Town Board on 8/2/05 to allow the proposed drugstore as designed. All regulatory agency and departmental approvals are in order. A final Landscape Plan has been submitted, meeting all previously identified conditions.

Lexington Woods Subdivision – Phase III, Part III
Applicant is seeking final approval and road dedication for the last phase of the development. The road dedication will include approximately 500’ of Hearthstone Lane and will include the final three lots of the development. The proposed site is located on the north side of County Road, east of Green Acres Road as an extension of Hearthstone Drive. The area is located in an Agriculture Rural Residential Zone. This project received Development Plan approval in July 2000. All departmental and regulatory agency approvals are in order.

Properties Unlimited 8255 Clarence Center Road
Applicant requests a Minor Subdivision approval to create two additional residential building lots. The proposed site is located on the south side of Clarence Center Road, opposite Gott Creek Trail on existing vacant land surrounding Faletta’s Restaurant. The property consists of approximately 5.84 acres zoned Residential Single-Family. There are floodplain and wetland issues as well as setback for two new homes proposed.

Properties Unlimited southwest corner of Thompson and Greiner Road
Applicant requests a minor subdivision approval to create three additional residential building lots on existing vacant land consisting of approximately 45.88 acres zoned Residential Single-Family (applicant is proposing to split three new residential lots from the parent parcel). The lots are to be in conformance with the Zoning Law. Remaining parent parcel proposed to have two future access points – one off Thompson Road and the extension of Orchid Ledge Drive.

Supervisor Kathleen Hallock

Supervisor Hallock has a resolution from Town Clerk Nancy Metzger regarding partial payment of taxes.

As a courtesy, Tina Ames from the Craftsman in the Hollow called Supervisor Hallock about what she is planning for the carriage house behind her building on Main Street. She is planning on having a Christmas store; the building would be decorated inside and outside. Tina has been involved in the Junior League Decorator Show houses in the past. She is now working with the Clarence Hollow Association on this project and has consulted the Building Department. She is looking to having it in place in 2007.

Supervisor Hallock would like to proceed with the Clubhouse Capital Improvement Program and has a resolution prepared. Town Engineer Latona stated that the intent is to reroof the Clubhouse. The Bond issue will be for $550,000. An architect will be hired to prepare bid documents so this can be done this year. The roofing material will be historically friendly as well as maintenance free.

Supervisor Hallock will make a motion to create the position of Program Coordinator Youth Board RPT.

Supervisor Hallock will make a motion to create a position of Senior Clerk Typist for Civil Service purposes, the position is competitive.

We received notification from Erie County that Dawn Kinney placed first on the examination for Youth Center Director. Supervisor Hallock will appoint her to that position, rather than Youth Center Director Provisional.

Dawn Trippi will be in Council office Monday, March 13.

A meeting is scheduled for March 9th @ 8:00 A.M. with Heather Giambra.

Town Clerk Nancy Metzger has informed Supervisor Hallock that Fran Dickman is leaving her position as a part-time clerk in the Town Clerk’s office with her last day being March 10, 2006.

Congressman Tom Reynolds is hosting a forum in the Town Hall auditorium on Friday, March 10th regarding Medicare Part D.

Supervisor Hallock will announce that she has received point summaries and certification letters for the Length of Service Awards Program from four fire companies.

This year we will be replacing two building inspectors’ cars and the assessor’s vehicle. The town is looking at more fuel efficient vehicles. The vehicles that are available are a Ford Focus or Ford Taurus.

There are five Town Law Manuals available. Two more will be ordered.

The Town received an offer from Dan Singer representing BMW for a bicycle (Valued at $1500) for use on the bike path. Town Attorney Bengart stated that because Mr. Singer has a project pending before the Town Board, it would be appropriate if the BMW dealership wished to offer the bicycle to the town we should deal directly with the dealership.

Councilman Kolber will contact Raja Samina regarding the status of the Growth Management Plan.

Supervisor Hallock received two comments about the Day in the Park solicitation letters that have been mailed out. It has been suggest that we use Day in the Park letterhead in the future.

Councilman Casilio announced that the refuse bids were opened today, there were four bidders. They came in at the dollar amount that we had anticipated. Everyone received a copy of the bids to review and be able to discuss at the March 16th Work Session.

The recycling committee is requesting a second mailing with color on it relative to the refuse district. The first black and white post card mailing cost between $2,600 and $2,700.

Supervisor Hallock reminded everyone about delinquent disclosure forms.

Supervisor Hallock has received several complaints regarding assessments.

The Ride for Roswell will take place in Clarence on June 24th. All necessary agencies will be notified.

Councilman Scott Bylewski

Councilman Bylewski has received the Central Fire Alarm report for February.

Councilman Bylewski received notice from NYSEG, they are arranging for group presentations of live-line demonstrations to local police and fire personnel.

Councilman Bylewski will make an appointment to the Planning Board and an appointment to the MRC. The appointment to the Planning Board is for the alternate position.

There is a vacancy on the Historic Preservation Committee.

The Municipal Review Committee has forwarded several recommendations from their February 27, 2006 meeting.

Councilman Bylewski will comment on the February 2006 Building Report figures.

The Town Board received an e-mail including pictures that were taken March 3rd regarding the Mark Ziemba property on Stahley Road. Councilman Kolber stated that the ZBA was going to take another look at this project once they have a full board.

Councilman Bylewski has received several applications from youths for the Youth Advisory Council.

Councilman Joseph Weiss

Councilman Weiss announced that we received a refund check in the amount of $14,000 from The State Fund for workers comp.

The Town Board received a memo from Paul Allen regarding the use of alcohol in the Clubhouse. The Town Board will discuss this issue at a later date.

Councilman Weiss and Director of Community Development James Callahan attended Erie County SD #5 meeting today. Mr. Callahan said his concern was that they were identifying sewer capacity out of district (outside of Sewer District #5). Mr. Callahan felt that it should be the Towns position to approach SD#5 after they have done an analysis to see if an area can be developed as opposed to a development interest approaching SD#5 and receiving confirmation that there is capacity.

Councilman Weiss announced that to date, the Town has received $500 in donations for Day in the Park.

Councilman Weiss attended the Sport’s Coalition meeting, everything went well.

Councilman Weiss met with Dr. Hallac about his property on Greiner Road.

There was a discussion regarding the building cap. Councilman Bylewski stated that his personal recommendation is that the building cap be reviewed on a yearly basis. Councilman Weiss stated that we should take the Municipal Review Committee’s recommendation.

Councilman Bernard Kolber

Councilman Kolber stated that there was an article in the Amherst Bee regarding the grand opening of the Independent Health Youth Center on Sheridan Drive. He suggested the Town look into that facility to use as a model for our facility.

Town Assessor David Folger is requesting Town Board approval to attend an evaluation class on March 31 in Batavia.

The Library Board had over 297,000 items circulated in 2005. This makes us the fourth busiest branch in the Erie County Library system. The Library Director is again requesting that the Town make a contribution to purchase books; they have identified the books they would like to purchase. Supervisor Hallock stated that she sent an e-mail to Roseanne Butler-Smith and copied everyone on it.

In reviewing the bills, Councilman Kolber had questions regarding the sewer charges. Director of Administration and Finance Pam Smith said these were Erie County SD#5 charges. Councilman Kolber also commented on the E. Tyson Smith bill.

Councilman Casilio asked if there was a way of obtaining a listing of all the consultants the Town does business with and how much money the Town spends a year on consultant work. The only way he knows what law firms the Town hires is by reviewing the bills every month. Director of Administration and Finance Pam Smith stated that you would have to go to each department and see what firms they deal with.

Councilman Bylewski stated that the retaining wall for the parking lot in the Main Street town park will be less expensive to do the work internally using Parks Department employees and the Engineering Department. We are in the process of getting an estimate as to what the project would cost in terms of bidding it out verses doing it in-house. Because of time constraints or because of outside expertise, it may be less expensive to bid a project.

Councilman Pat Casilio

Councilman Casilio has two street light requests.

Voting for the Refuse District vote will take place on Tuesday, March 28th from 7:00 A.M. until 8:00 P.M.

Councilman Casilio will make an appointment to Security Department.

Councilman Casilio has met with all the parties at the Senior Center. The former ad-hoc committee would like the opportunity to vote for some of the directors. They are in the process of revising the by-laws.

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 particular corporation, the appointment of a particular person and the employment history of a particular person. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:25 P.M.

Darcy A. Snyder
Deputy Town Clerk

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


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, March 8, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:42 P.M. Pledge to the flag was led by Councilman Joseph Weiss, followed by a prayer given by Deacon Bob Bauer of St. Augustine’s Roman Catholic Church.

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

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of a previous meeting held February 8, 2006 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Erie County Legislature unanimously approved a request for Home Rule Legislation from New York State that allows municipalities to accept partial payment in any amount for payment of property taxes, and
          WHEREAS, Senate Bill No. S.6429 and Assembly Bill No. A.9529 were passed by the New York State Legislature amending the Erie County Tax Act in relation to the receipt of partial payments to be applied toward current fiscal year taxes, and
          WHEREAS, this legislation is vital to all residents and taxpayers of Erie County and the Town of Clarence to maximize the benefits to affected parties.
          THEREFORE BE IT
          RESOLVED, that the Town Board of the Town of Clarence authorizes acceptance of partial payments in any amount pursuant to the aforementioned legislation.
          This resolution shall take effect immediately.
          On the question, Supervisor Hallock said this is something that the Tax Receivers, Town Clerks and Tax Collectors have been looking to do. This will help the tax payers and the Town as well.
          Upon roll call – Ayes: All; Noes: None. Motion carried

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Foit-Albert Associates, Architecture, Engineering and Surveying P.C., the design bidding and construction administration and observation for the Main Park Clubhouse Roof Replacement in accordance with the proposal dated March 6, 2006 in an amount not to exceed $28,000. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved that the Clarence Town Board adopts a “Bond Resolution of the Town of Clarence, New York, adopted March 8, 2006, authorizing replacement of the roof on the clubhouse at the main Town park, stating the estimated maximum cost thereof is $550,000, appropriating said amount therefor, and authorizing the issuance of $550,000 serial bonds of said town to finance said appropriation,” subject to a permissive referendum, an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows:

FIRST: AUTHORIZING said Town to replace the roof on the clubhouse at the main Town park, including eaves, flashing, gutters, fascia and other related work; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $550,000; APPROPRIATING said amount therefor; and STATING the plan of financing includes the issuance of $550,000 serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon;
          SECOND: AUTHORIZING the issuance of $550,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the “Law”) to finance said appropriation;
          THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is ten (10) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years;
          FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town;
          FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and
          SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to create the position of Senior Clerk Typist in the Town of Clarence. On the question, Supervisor Hallock said this is being done for Civil Service purposes and the position is competitive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to create the position of Program Coordinator Youth Board RPT. On the question, Supervisor Hallock said this is being done for Civil Service purposes and the position is competitive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss that based on results of the County of Erie Civil Service examination, Dawn Kinney is appointed Youth Center Director, effective today March 8, 2006. On the question, Supervisor Hallock said Mrs. Kinney had a provisional appointment pending an examination and grading. The results were received and she scored the highest for this competitive position. Councilman Bylewski added that a lot has been going on in that department and she has done an amicable job in that position. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that she received the point summaries and certification letters for the Length of Service Awards Program for the Harris Hill, East Amherst, Swormville and Clarence Center Fire Companies. The point summaries and certification letters are posted for at least 30 days prior to March 1st at each respective fire hall.

Supervisor Hallock said she received a memo from Town Clerk Nancy Metzger informing her that Fran Dickman is leaving her position as part time clerk in the Town Clerk’s office. Her last day of work is March 10, 2006.

Supervisor Hallock announced that Friday morning Congressman Reynolds is hosting a forum regarding Medicare Part D at 9:00 A.M. in the Town Hall auditorium. Everyone is invited.

Supervisor Hallock announced as a reminder, that the Bicentennial Party celebration is this Saturday, March 11th at the Town Park Clubhouse from 1:00 to 4:00 P.M.

Councilman Bylewski received the Central Alarm February 2006 Operations Report. Town of Clarence fire companies responded to the following: Fires – 15; Miscellaneous Fires – 3; EMS Calls – 107; Motor Vehicle Accidents – 5; and Miscellaneous Calls – 29 for a total of 159 alarms.

Councilman Bylewski announced that NYSEG will be conducting live-line demonstrations and is inviting police departments, fire companies, EMT’s and utility employees to attend. Anyone interested must register by April 26th for the dates of May 25th at the NYSEG Lancaster Operating Center and September 20th at NYSEG’s Hamburg Operating Center.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Richard Bigler as Planning Board Alternate with term to expire 12/31/06. On the question, Councilman Bylewski said there were a number of applicants and Mr. Bigler was the most deserving. He is presently on the MRC, which he will have to resign from. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Albert Schultz as a member of the Municipal Review Committee with term to expire 12/31/06. This is to fill the vacancy left by Richard Bigler. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there is another vacancy on the Municipal Review Committee. There is also a vacancy on the Historic Preservation Committee. If anyone is interested in serving on these committees, they should forward an application to the Supervisor’s office.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Cesar Banach Commercial Project located at 8500 Roll Road. This Unlisted Action involves the development of a 16,500 +/- sq. ft. office building and an 18,750 sq. ft. warehouse on 6.19 acres. After thorough review by the MRC, Planning Board and Town Board of the submitted site plan and Environmental Assessment Form, it is determined that the proposed project 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 that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency Status and commences a coordinated review among involved agencies on the proposed Roll Road Industrial Business Park. This Type I Action involves the extension of Harris Hill Road for the purposes of developing an Industrial Business Park in the Industrial Business Park Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski reported on the Single Family Dwelling Statistics prepared by the Building Department. In February 2006 there were 10 issued in subdivisions and 1 outside. February 2005 had 2 in subdivisions and 1 outside. February 2004 had 10 issued in subdivisions and 2 outside.

Supervisor Hallock reminded anyone interested, that applications are posted and can be downloaded from our website.

Councilman Weiss reported that the Town received a check from State Insurance Fund in the amount of $14,394 reflecting our safety record for workman’s comp claims. He congratulated our employees for working safely.

Councilman Weiss said we sent out about 1,500 letters asking for donations for Day in the Park. Donations are already coming in. Any group who would like to participate should contact Chuck Eckert.
          Councilman Weiss said he attended the Sports Coalition meeting, which had representatives from all the sports leagues, and it seems as though everyone is satisfied with their field allocations. He commended the Parks Department on their planning, including Judy and Jean for the great job they do with scheduling.

Councilman Weiss said in regard to the deer abatement program, we did not get as many deer this year because the permits were late and there are not as many deer. The DEC is supposed to do a flyover soon.

Councilman Weiss announced that there will be a dinner on March 30th at the Asa Ransom House to benefit the arboretum. It is $60 per person with all proceeds going to the arboretum. He thanked the people from Asa Ransom House for putting this on and donating the funds for this great project.
          Motion by Councilman Kolber, seconded by Councilman Casilio to grant permission for Assessor David Folger to attend a class on Evaluation of Plazas and Strip Malls on March 31, 2006 in Batavia. Mr. Folger will obtain six recertification credits for attending. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to appoint Ryan Mills as a member of the Zoning Board of Appeals with a term to expire 12/31/09. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber reported from the Library that they received the circulation notice for 2005 and 297,000 items were processed. This is the 4th busiest library in the Erie County system. They are doing a good job and we thank them for their efforts.

Councilman Casilio said there are openings on the Traffic Safety Board, Senior Center Board of Directors and the Solid Waste/Recycling Committee.

Councilman Casilio stated that we received the quotes from the solid waste vendors today. They came in as expected. The Solid Waste/Recycling Committee will be working on sorting the numbers out. The informational meeting will be held on March 20, 2006 at 7:00 pm at the Town Hall. The referendum vote will be March 28, 2006 from 7:00 am to 8:00 pm.

Motion by Councilman Casilio, seconded by Councilman Kolber that upon recommendation by the Chief Security Officer, William O’Donnell is appointed as Security Guard P/T subject to all proper paperwork being filed. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider an amendment to Chapter IX of Master Plan 2015 regarding the Growth Cap Policy. James Callahan said currently Master Plan 2015 specifically identifies establishment of a building cap of 240 single-family residential building permits per year. It is further broken down to limit permits issued in subdivisions to 170 and outside of subdivisions to 70.
          The Municipal Review Committee has forwarded a recommendation to further reduce the limit by approximately 8½% per year. In order to reduce the cap, the Town Board must consider an amendment to Master Plan 2015. There would also have to be an action under the State Environmental Quality Review Act (SEQRA) to amend the Master Plan.
          Speaking to the subject:
          Joe McIvor, Executive Vice President of the Buffalo Niagara Builders Association (BNBA), and resident of Clarence said the BNBA opposes any building cap reduction without justification and appropriate analysis. It impacts the industry’s ability to apply their trades to make a living.
          The Town recently lifted the moratorium on new residential developments while the plans were being made for the future. Now in a short time the plan and the necessary work that went into it are already being changed.
          The 2000 Census showed the median home in Clarence was valued under $150,000. New homes subsidized the existing homes. The Town currently caps new homes at 240. Last year only 123 were built. The schools are considering a $35 million bond, Town service costs continue to increase and there is potential for County services to increase. Mr. McIvor said there are a growing number of lawsuits challenging the Town and the awards that have already being sent out are in excess of hundreds of thousands of dollars. Who would not want to divide these bills with a larger pool of taxpayers? This week the taxes increased $1,000 for his home.
          Councilman Weiss said the breakeven number must be over $300,000 by now with inflation. James Callahan said the $225,000 referred to in the Master Plan was based on a study done in 1999. It was a snapshot in time based on the conditions at that time with a lot of assumption. It has not been updated since that time.
          Mr. McIvor said you would be hard-pressed to find a house under $330,000 in Clarence today. New homes are paying their burden.

Councilman Bylewski said Mr. McIvor made reference to different court cases going on. He asked the Town Attorney if there were any judgments going on? Town Attorney Steven Bengart said there are no judgments out there. There is only one lawsuit based on the previous Town Board’s decisions. There is one regarding a subdivision and that is it.
          Mr. McIvor said he believes checks were sent out to Mr. Laskey and Mr. Capretto for roughly $200,000. Town Attorney Bengart said not to his knowledge and certainly not from the Town of Clarence. Mr. McIvor said he believed it involved the Roxberry Subdivision regarding the 1½ story houses. Mr. Bengart said to his knowledge that has not been settled and had it been settled, it would be insurance money that would pay for that. Councilman Kolber added that, that happened prior to this Town Board and it was not due to a growth related issue. Town Attorney Bengart said we do not have that insurance company anymore.

James Blum said we have seldom hit the limit of 240 and when we did, there was only a holdup of less than a month or so. He added that single-family units are not the only ones that incur costs for the Town. He suggests that all the other types of housing units should be included. He has no problem with the limit going down.

Councilman Bylewski said there have been many discussions on the growth cap policy. He did his own analysis taking information from 1996 through April 2004 prior to the moratorium. In that 100 month time, we have averaged 177 permits per year in subdivisions and 49 permits per year outside subdivisions. He believes, through the mathematical analysis, that the limit should be 170 in subdivisions and 50 outside. We have talked about doing further benefit studies. It should be updated.
          We did refer the building cap limit and a sewer tap limit for further study. We have information from the Building Department for the period 1996 through 2006 on the different types of residential units and sewer permit numbers for the Planning Board to review along with the current Master Plan Review.
          Councilman Kolber asked how we would bring the other types of units into the 170 and 50. We are feeling the pressure from all avenues. Councilman Bylewski said he has not had the chance to analyze all of the other building types as yet.
          Councilman Kolber said the increase in population from 1990 to 2000 says it all. We do not have the infrastructure to handle a large town’s population. We have to look at numbers that will work for 30 – 50 years. The three primary issues are schools, roads and police. The cost to put in a police department is exorbitant. We cannot stop growth and development, but we must be proactive in the way we let growth go forward.

Councilman Weiss said the only thing he would add is the sewers. We are looking at being very close to capacity. He advised that we further review these issues by the Town Board or through the Municipal Review Committee.
          Town Attorney Steven Bengart said he believes it should be sent back to the MRC. He also suggests that there should be more information in the record regarding actual numbers for the basis, not just the issues if the Board decides to do this.

Renee Desai said we are the fastest growing town in Erie County and we do not have the infrastructure to support all that or the schools. She does not see much of a reduction at all. Councilman Kolber said it would include all types of housing units. Mrs. Desai suggested it be 10% each year at least.

Councilman Bylewski said he has some numbers for the record. The following occurred between 1996 and 2005: Residential condo/townhouse – 24; residential apartment buildings – 21; mobile homes – 154; condo/townhouse 3 & 4 – 16; and duplexes – 34.
          Town Attorney Steven Bengart said the MRC recommendation should be read into the record and attached and made part of the record.
          Councilman Weiss said the recommendations from the Municipal Review Committee include the following:
          The future rate of population growth should be sustainable by current infrastructure.
          Transportation – The Town has outgrown its highways which create significant traffic delays and impair safety, air quality and convenience.
          Schools – The goal is to maintain a quality school system. Growth can have a great impact on school district enrollment. The Citizens Advisory Committee targeted enrollment projection is 1,750 students by 2010. At that rate, 800 residential dwelling units would likely increase high school enrollment to its capacity.
          Sewers – We have various sewer agreements with private sewer companies that we have to honor before we look at other areas. We have problems in parts of the Town that have to be addressed. There is also a school hookup that we are contemplating. The remaining sewer capacity available for future growth is constrained by existing physical conditions. At the current rate of residential building, the remaining sewer capacity could be completely absorbed by the year 2015.
          Expansions to public facilities are funded using real estate property tax rates or through the creation of special assessments that disproportionately burden low to moderate income households and existing residents.
          Protect the availability of affordable housing types for low to moderate income households to serve the aging population.
          They suggest a gradual reduction in the building cap to allow the real estate and development community the ability to adapt.

Councilman Bylewski said they also made recommendations as follows:

  1. Apply the cap to building permits issued for all types of residential dwelling units, not just single family homes.
  2. Group homes, assisted living, senior housing or nursing homes that are intended to serve low income elderly or disabled persons should be exempted if constructed in walkable locations.
  3. A new cap policy should be adopted in 2006 for the 240 single family homes. The cap should start applying to all residential development and an incremental reduction of 8% over the next six years would be prudent, with the ultimate goal of reducing the residential dwelling unit building rates 40% by 2011. A gradual reduction would allow the real estate market to adjust investments and strategies. This would be a substantial change to benefit the Town while still allowing for growth.
  4. A proportional allotment of permits between residential units served by public sewer and those not should be maintained with the objective of limiting the use of septic systems.

Councilman Bylewski said, by reference, he would incorporate the public hearing comments that were made at the Growth Cap Public Hearing and the Master Plan Review Public Hearing.

John McNamara asked if the sewer went into the Amherst treatment system and how long do we have before they say they are too small. Councilman Casilio said they built it for us to use also. Councilman Weiss said it is how much capacity depending how many homes we build per year. Mr. McNamara asked at what capacity is the treatment facility? Town Engineer Joseph Latona said he did not know. They have allowed Clarence 4 to 5 million gallons a day. We have a contract that allows certain capacity.
          Councilman Bylewski said approximately 30 years ago the Federal Government came up with funding for municipalities to get into the business of solid waste. The funding is done. A lot of the plants are in need of upgrades and where is the funding going to come from.
          Mr. McNamara thanked the Board for what they are doing and believes they are going in the right direction. He came from Tonawanda 27 years ago. They let the developers come in and fill up the Town. When they were done, they went to Amherst and overdeveloped that. Now they are in Clarence. He believes the reduction in the cap over the next 8 years is wonderful and thinks most people in Town think so.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the amendment to Master Plan 2015 regarding the Growth Cap Policy to the Municipal Review Committee to take a look at the amendment as discussed tonight under SEQR. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law dealing with formalization of local action taken under the State Environmental Quality Review Act (SEQRA). James Callahan said this legislation formalizes the environmental review process by the Town of Clarence. It coordinates the activities of the Town Board with recommendations forwarded by the Town Environmental Review Committee, which is created by this law. It basically creates the committee anticipated to be the same body that is the Municipal Review Committee. It helps to coordinate activities under SEQRA locally so that the Town Board has a vested interest in all of the decisions.
          Councilman Bylewski said it has been recommended by our Town Attorney and also by outside counsel.
          James Callahan added that the Municipal Review Committee has recommended adoption and the Town Board has issued a Negative Declaration regarding adoption of this law.
          With no one 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 to adopt the following resolution:
          Resolved, that after a Public Hearing duly held on March 8, 2006 and after all interested parties being heard, the Clarence Town Board adopts Local Law No. 1 of the year 2006 titled “Town of Clarence Environmental Quality Review” (TEQR Law) amending the Code of the Town of Clarence.
          This Local Law shall take effect upon filing of same with the Office of the New York Secretary of State.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said if anyone is interested in serving on, what was the MRC, and now will become TEQR to submit an application to the Supervisor’s office.

A Public Hearing was held to consider a Local Law dealing with landscaping on new projects and tree conservation across all properties within the Town to be known as Landscape and Tree Conservation Law. James Callahan said this law takes our current Landscape Law and combines some minimal regulations related to tree preservation mainly as it relates to new development. The proposed law has been reviewed and recommended by the Planning Board. It has been reviewed by the Conservation Advisory Council and the Municipal Review Committee and a Negative Declaration has been issued.
          Speaking to the subject:
          Howard Jones said he loves trees and has planted over 5,000 in his lifetime. Mr. Callahan told him this was set up for new developments. Mr. Jones said there are certain activities regulating the removal of trees. He believes that if he owns property he should be able to do what he wants to do on his own property. He feels that everyone is caught in the web of this law.
          James Callahan said he understands the concern, but it does not regulate an individual’s right to cut down a tree. It regulates clearing of more than 10 trees in the front setback area. It does not regulate something in the backyard.

James Blum said maybe something should be included in the law to protect the private homeowners on their own lot. He believes this law should be passed. In the section regarding removal and replacement, the replacement is two 2½” trees, but he feels that if you take down a 6” or larger tree it should be more. A person could plant more trees or put them into a tree bank to be planted in an area that needs them.
          Mr. Blum said he would like to see the Town Board exercise more policy approval over the Landscape Committee and the tree species list. He would also like to see street trees involved in rural roadways and other districts. Consideration should also be given for very large species trees that are not included in the parameters of the law. In regard to remediation, it should incorporate more than trees.
          Mr. Blum said we need to get a law in place to protect the trees now and for future generations. He believes two trees to replace one are better than nothing, but five trees to replace one are fairer.

Councilman Bylewski said there is no term length specified for a member of the Landscape Review Committee. James Callahan said it was not discussed, but it is currently for one year.

Town Attorney Steven Bengart said we have held our first Public Hearing on the subject, and it would not be inappropriate to take the comments heard tonight and potentially come back with another draft and hold another hearing if the changes warrant it.
          Councilman Kolber said he would like to look at it again to make sure it serves the purposes that we want it to. He does not want it to be onerous to individual property owners.
          Councilman Casilio said he would like to look at it again. It thought the intent was to prevent “moonscapes” from being established before a development is started.
          Councilman Weiss said he thinks the Building Department will have to be educated on this law, because they are the ones that will see these things. Mr. Callahan said the ten tree cap on a new build is something we could monitor. Councilman Weiss said it will be a useful tool, although he thinks this will always be a gray area.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to table action on the proposed Local Law dealing with landscaping on new projects and tree conservation across all properties within the Town to be known as Landscape and Tree Conservation Law for further review. There are concerns regarding the impact on individual property owner’s rights. On the question, Councilman Weiss said he would like to thank Todd Norris who had a lot of input on this also. Upon roll call – Ayes: All; Noes: None. Motion carried.

Joseph Nemmer requests a One-Lot Open Development Area at 9330 Lapp Road. James Callahan said the property consist of approximately 26.7 acres zoned Agricultural Rural Residential.
          Joseph Nemmer was present.
          Councilman Bylewski said they would be interested in seeing the roadway for the open development tying in with one of the existing frontage lots. Mr. Nemmer said it could be considered.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to refer the request for a One-Lot Open Development Area at 9330 Lapp Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Frizlin Architectural Group requests a Special Exception Use Permit for development of a mixed Use Housing Project at 9435 Main Street. James Callahan said the location is south side of Main St., west of Goodrich consisting of approximately 21 acres zoned Commercial along the frontage. The project was previously referred to the Planning Board. The Planning Board referred it back to the Town Board identifying concerns related to on-site sanitary sewer disposal and the potential creation of a private sewer corporation with mixed residential units and private ownership. The applicant is here to ask for an amendment to the original request.
          Fred LoFaso, representing the applicant said they would like to remove the residential component from the plan at this time. Commercial office buildings are what have been driving the project. They have two Clarence residents who would like to move into the office building. It will allow them time to evaluate the demand for commercial office space and revisit the use of the adjoining land.
          Councilman Bylewski said a concern is the segmentation issue and if they will actually pursue residential development in the future. Another concern is the sewage treatment facility. We will not be involved with the creation of a private sewer corporation such as the one proposed with the residential area.
          Mr. LoFaso said if there is a demand for office space, they will go that route. Individual septic systems are not feasible.
          Councilman Weiss asked if they were able to gain access to be able to line up with Goodrich Road. Mr. LoFaso said they do not own that property. It was looked at by another developer, but because of the location of the utility lines it was not feasible.
          Councilman Kolber said they would like to see a situation where there is shared driveway access along Main Street rather than a road cut at every building.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request by Frizlin Architectural Group for development of a (Commercial Building) at 9435 Main Street to the Planning Board. On the question, Councilman Bylewski said we should amend the review to be for only the commercial building and not involve the establishment of a private sewer corporation. Councilman Kolber asked that they also look into multi-property land use access management. Upon roll call – Ayes: All; Noes: None. Motion carried.

Bison Nursery requests a Building Permit and Architectural Approval for a 1,080 sq. ft. accessory structure at 9000 Main Street. James Callahan said the location is the north side of Main Street, east of Shimerville Road consisting of approximately 2 acres zoned Commercial.
          Mike Petroci said he would like an accessory building to facilitate what they do now giving the business an open market atmosphere.
          Councilman Bylewski said they all commented on what a nice looking building he is proposing. He asked if the building would be below road grade. Mr. Petroci said it is close to road grade. The property does drop off.
          Motion by Councilman Kolber, seconded by Councilman Casilio to grant a Building Permit and Architectural Approval for a 1,080 sq. ft. accessory structure at 9000 Main Street, subject to the look of the building similar to the rendering shown. Upon roll call – All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the request by Campobello Construction for a Building Permit and Architectural Approval for a 960 sq. ft. accessory structure at 8145 Sheridan Drive until the applicant is available. Upon roll call – Ayes: All; Noes: None. Motion carried.

William Reister requests a Special Exception Use Permit for development of a Secondary Living Unit at 6085 Gott Creek Trail. James Callahan said the property is located southeast corner of Gott Creek Trail and West Point Drive consisting of a single-family residential home on .7 acres. A Special Exception Use Permit is required if the use is an in-law apartment.
          Nancy Reister said it is an addition to a single family dwelling. It is not an apartment and will not be used as an apartment.
          Councilman Bylewski said there was a concern raised by the Building Department. He asked that the Building Department and the Town Attorney see how the code is written to see if this is in fact a secondary living unit or something else. If so, there are certain conditions that would have to be met.
          James Callahan said he believes it came in as it being a relative or in-law as the occupant.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for April 12, 2006 at 7:45 P.M. to consider the request for a Special Exception Use Permit for development of a Secondary Living Unit at 6085 Gott Creek Trail. 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 Callahan said the property is north of Wolcott Road consisting of approximately 9.7 acres. The frontage is within the Density Flood Zone.
          Todd Anderson said since the last meeting, he spoke with the Town Engineer regarding the floodplain and what he had to do. Joseph Latona said he has approved the design.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Building Permit and Architectural Approval for construction of a new office building in the Restricted Business Zone at 7871 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said item 20, Chris Caito’s request for a Special Exception User Permit for relocation of an automotive repair operation at 9061 Clarence Center Road was removed at the applicant’s request.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications - A. TCBA – March 20, 2006; B. Clarence High School Rifle Team – March 22, 2006; C. Clarence Smiling Shamrocks – April 8, 2006; D. CSEA Blue Collar Unit – April 11, Oct. 10 & Dec. 1, 2006; E. ROHA – Dec. 2, 2006; F. Harris Hill Men’s Club – Dec. 8, 2006; and Legion Hall Applications: A. Darcy Snyder – April 16, 2006; B. Clarence Log Cabin Quilters – July 8, 2006; C. CSEA Blue Collar Unit – Aug. 8, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of March 9, 2006 are approved for payment: General Fund - $100,214.40; Highway Fund - $29,339.67; Water District - $33,436.14; Sewer District - $163,717.17; Capital Fund - $24,845.00; and Trust and Agency 203 - $202.00 for a total amount of $351,754.38. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:20 P.M.

Nancy C. Metzger
Town Clerk