03/09/05


A Work Session of the Clarence Town Board was held March 9, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Senior Building Inspector David Metzger and Director of Administration and Finance Pam Smith.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1)F of the Open Meetings Law to discuss matters leading to the appointment of a particular individual. Upon roll call - Ayes: All; Noes: None. Motion called.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 6:17 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

Director of Community Development James Callahan

Public Hearings:

A Public Hearing is scheduled for 7:45 P.M. to consider the purchase of a parcel of vacant land approximately 2.75 +/- acres on Rapids Road at a purchase price not to exceed $25,000.

A Public Hearing is scheduled for 7:50 P.M. to consider a Local Law “Imposing a Temporary Six-Month Moratorium on Land Use Approvals in the Town of Clarence.

A Public Hearing is scheduled for 7:55 P.M. to consider a Special Exception Use Permit to erect a 70 ft. telecommunications tower at 7377 Transit Road. Applicant has Site Plan Approval from the Planning Board with several conditions.

The proposed Zoning Law and Map is an agenda item. Councilman McPherson asked if anything was done with the comments made during the last several meeting relative to the content of the proposed Zoning Law. Jim Callahan said that the only two changes that the Planning Board talked about concerned Commercial Open Development, which was added prior to the hearing on February 16th. That was a minor change to identify that this is a preferred land use alternative in major arterial zones. The second change was lot coverage. The Planning Board had recommended going back to 20% lot coverage. What was discussed at the January 19, 2005 public hearing was the compromise of 13% for two-story, 18% for one-story in the residential zone for maximum lot coverage. The Planning Board came back with 20% lot coverage with 15’ side yard setbacks.

Formal Agenda items:

Cimato Enterprises – Highland Park Subdivision

The applicant dropped off revised drawings this afternoon extending the lots to the centerline of the creek also identifying a conservation easement.

Jim Callahan stated that revised changes include: the storm water retention pond has been redesigned and reconfigured into a “dry” storm water detention basin. The distance buffer from the rear property lines of the abutting lots along Forest Creek Drive easterly to the storm water detention basin has been increased by 125% (from 20 feet to 45 feet). The 20-foot wide buffer of natural vegetation and trees has been added and denoted east of the rear line of the lots along Forest Creek Drive abutting the storm water detention basin. The 2.88 +/- acre area running parallel to Gott Creek, originally proposed to be dedicated to the Town of Clarence, has been eliminated and replaced with a minimum 50-foot wide “storm drainage and stream bank protection easement”. An easement has been added between sub-lots #3 and #4 to facilitate access by Town Highway and Engineering Department personnel from Field Brook Drive to the referenced easement running parallel to Gott Creek

Town Attorney Bengart stated that he received a telephone call late this afternoon from Attorney Jeff Palumbo who is representing Mr. Cimato. If the proposed Zoning Law gets adopted, this project and Fox Trace East end up falling under the new zoning law.

Mr. Palumbo stated that he is surprised that neither subdivision would be grand fathered in. He was under the assumption that the both subdivisions were going to be grand fathered particularly as it related to Fox Trace. Mr. Palumbo is suggesting that language be added to the proposed zoning law in the section which defines Lots of Record as those lots which are filed in the Erie County Clerk’s Office and or have received concept plan approval from the Town Board. This would solve Mr. Cimato’s problem and gives him what he thought he had up until this afternoon.

Councilman Bylewski stated that at the time the moratorium was adopted the position regarding grandfathering is more related to the issue of the moratorium and whether to proceed with further process.

Mr. Palumbo asked the Town Board to delay the vote on the proposed Zoning Law tonight and give him two more weeks to resolve the issue.

Town Engineer Latona said that if this project goes forward tonight without conditions, the applicant can start digging by Friday and the town has no mechanism to stop him.

Councilman Kolber suggested tabling the Highland Park Subdivision project until several issues can be resolved.

Saturn of Clarence 5355 Transit Road

Applicant is proposing to convert an existing indoor storage building into a collision shop. A public hearing will be set for April 13, 2005 @ 7:45 P.M. to consider a Special Exception Use Permit for a collision shop.

First Niagara Bank 4401 Transit Road

Applicant is requesting Concept Plan approval for the construction of a 2,688 sq. ft. bank branch in out-parcel #3 of the Clarence Mall. The proposed site is in the Major Arterial Zone.

Work Session items:

Vito Pace 5485 Salt Road

Applicant requests Development Plan approval for a three lot open development area on existing vacant land consisting of 8.26 acres in the Agriculture Zone. The Planning Board has forwarded a recommendation with conditions.

Avis Rent-A-Car 4475 Transit Road

Applicant requests a Special Exception Use Permit for an automotive leasing center. The applicant did not show up to the last meeting. Jim Callahan has not been able to talk directly to anyone. He has left messages, faxes and e-mails and no one has gotten back to him so the applicant may not show up again tonight.

Gypsum Creek Development – Dominic Piestrak

The proposed site is in the Industrial Business Park along the Roll Road frontage but has a residential component in the rear. Mr. Piestrak is proposing a subdivision with mixed uses.

Judy Turco 6000 Goodrich Road

Applicant is requesting a Change in Use from vacant to pastry shop in existing vacant space in the Eschelmann Building. The existing space may be occupied, as a commercial use however parking is a concern at the corner.

Supervisor Kathleen Hallock

Supervisor Hallock passed out the 2004 Digest of Law from the Department of State.

The Girl Scout sleepover that was approved for March 11 thru March 12, 2005 at the Legion Hall has been cancelled.

A Recreation Advisory Committee meeting was held March 8. The committee met with Wendel Duscherer and the Sports Coalition to review the progress that has been made and commented on some of the parks. They mentioned that Sunset Park did not rate well because of the parking issues. A member of the Sports Coalition stated that they were going to remedy the parking problem by having a crossing guard. Supervisor Hallock said that this came up last year and Town Attorney Bengart recommended against the town getting involved with crossing football players and spectators at Wehrle Drive.
Councilman Weiss said that this issue came up at a meeting he attended with all the sports organizations. There are five home games and he said he would check into it with parks security to help with parking and whether they can cross spectators. There was no mention of a crossing guard.

Supervisor Hallock announced a public input meeting on Monday, April 11, 2005 for the Parks/Recreation Master Plan.

Grassland Equipment is requesting approval to host an equipment show for tax supported agencies including state parks, municipalities, colleges, universities and school districts in the Main Street Park and large pavilion. Last Year the event was held in Sarasota Springs. Grassland Equipment will provide all the equipment needed for the show and hire a caterer for lunch. The event will be Tuesday, August 9th, 2005 with setup on August 8, 2005. There will be several presentations and demonstrations including an infield maintenance seminar.

Judge Sillars is recommending the appointment of a security officer p/t effective March 3, 2005.

Councilman Weiss and Supervisor Hallock will meet tomorrow regarding Day in the Park.

Supervisor Hallock has been meeting with town supervisors and village mayors regarding the Erie County budget cuts. Even though we are at the end of the season, snowplowing is the biggest concern. Highway Superintendent Ted Donner and Supervisor Hallock will meet tomorrow with other towns and villages about highway issues. Legislature Mike Ranzenhofer said it is his understanding that the County will plow their same roads at least until the end of this snow season. Commissioner of Public Works for Erie County Jerry Sentz said the County will still take care of the County roads, however they may not be there as fast.

The April 6, 2005 morning Work Session will include an update on the LOSAP changes and School Superintendent Tom Coseo would like to give the Town Board information on the expansion the school district is planning.

A remnant of an original chandelier from the Clubhouse was unearthed. The wood was rotted but there was a perfectly preserved gold lens. David Brace feels he can replicate the chandeliers based on the finding and pictures he has from the Automobile Association. Mr. Brace is going to estimate the cost. The Clubhouse Renovation Committee may raise the money. The Town Board was in agreement with Mr. Brace going forward with the project.

If it is agreeable with the Town Board, the Log Cabin Quilters have offered to provide a commemorative Bi-Centennial quilt in which they would like to have displayed in the Clubhouse at the top of the stairs. A glass-enclosed case will have to be purchased to display the quilt. The Town Board was in agreement with this.

Councilman Ian McPherson

Councilman McPherson will announce the bid award for the Senior Center van. The Senior Center Board is requesting approval to keep the old van; it has 80,000 miles and could be used for additional transportation. The Highway Department is looking into the cost of keeping the van. Supervisor Hallock said that approximately $8,000 in revenue has been budgeted for the sale of the van. Further, Supervisor Hallock said that the Going Places Van has 160,000 miles on it. The County was supposed to replace it one year ago. She has since learned that is actually passed through money from the federal government that the County is holding up. Repairs to the van last year totaled between $6,000 - $7,000 for various things. Newstead pays for 40% of that and we pay 60%. Supervisor Hallock asked County Legislature Mike Ranzenhofer to find out what happened to that money – it is federal money given to the County for our van, we should have it.

Several meetings ago Councilman McPherson indicated that the Senior Center is required to submit an audit and financial statement at a cost of approximately $3,500. This was not known at the time they submitted their stipend request to the Town Board. Supervisor Hallock thought that it had been discussed that the money comes out of their bank account.

Clarence Hollow Association has prepared a “punch list” of items that they felt has not been addressed with the completion of the Main Street widening project. The list was submitted to the NYS Department of Transportation with the assurance that the issues will be addressed. The landscaping issues will be addressed in the spring. Main and Sawmill and Main and Ransom appear to be at odds with the original plans.

Councilman Scott Bylewski

Councilman Bylewski will report on the Central Fire Alarm Report for February 2005.

Councilman Bylewski has received several complaints from Senior Citizens who have applied for Adelphia Cable senior discount and have been told by Adelphia that the discount does not exist. The discount does exist and an internal procedure has been put in place to address all future inquiries.

Councilman Bylewski has an amendment to the minutes.

Martha Root will be appointed to the Historical Preservation Committee.

The Municipal Review Committee has forwarded several recommendations.

Councilman Bylewski will announce the resignation of Christine Schneegold from the Planning Board her term expires December 31, 2011.

Councilman Bylewski will report on the number of building permits issued as reported by Senior Building Inspector David Metzger.

The March 30, 2005 joint meeting with the Planning Board and Town Board has been cancelled.

At the February 9, 2005 Work Session Town Engineer had several concerns regarding a new residence at 7175 Kenfield relative to the excavation of a pond. Town Engineer Latona said it is noted in the ordinance that ponds have to be properly graded, side sloped, landscaped etc. A simple solution would be to refer these requests to Town Engineer Latona’s office and he would enforce the law. Councilman Bylewski stated that there were a number of questions raised by the neighbors and he would like to get the answers to them while it is being enforced.

Security Officer Joe Meachum will set up a meeting to discuss constables.

Councilman Joseph Weiss

Councilman Weiss commented on the demolition of the house at 5329 Green Valley. Much time and effort by several people went into trying to preserve this house. Because of the size of the house and intricate brickwork it was not financially possible. There is a field stone foundation and the stones will be reused.

Highway Superintendent Ted Donner is recommending Lyle Judd be placed in the open position for a Motor Equipment Operator effective March 12, 2005.

Councilman Weiss will set a bid date for the Hillcrest Drive sanitary sewers for April 11, 2005 at 10:30 A.M. in the Town Clerk’s office.

Councilman Weiss has a resolution agreeing to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within Waterford Estates Phase II and Waterford Commons Phase II.

Highway Superintendent Ted Donner had asked Councilman Weiss to research a law regarding private snow plow operators. Greg Giblin did some research as well and obtained information from other towns along with the Town of Amherst plowing law.
We have received numerous complaints from people regarding private operators. Councilman Weiss handed out the information and asked that everyone review it and write down any comments or suggestions.

Councilman Weiss has received a letter Clarence High School Senior Class Advisor Krista Schrader indicating that for twenty-seven years the graduating class of Clarence High School has held their senior picnic at the Main Street Park. For the past seven years they have shared the pavilion with members of Clarence Rotary, as this is the same weekend of Lobsterfest. Last year there were safety issues with delivery trucks coming in and out of the park all day long and the setting up of butane grills at the same time the senior class was having their picnic. Parks Crew Chief John Burns felt that there was too much going on with both groups using the pavilion at the same time and suggested the high school move their picnic to Town Place Park where they would have use of both pavilions.

In response to the ongoing County budget crisis, Supervisor Hallock has heard from NYS Police Captain Mark Koss assuring her that the State Police will make sure that the Town is protected in all emergencies. Chief Donovan has also assured her that the Sheriff’s Department experienced sizable cuts but they still expect to provide protection to the Town. There will not be any patrols on the bike path this year.

Councilman Bernard Kolber

An Erie County YMCA Board member has contacted councilman Kolber. They would like to meet with the Town Board to see if there is any interest in them building a facility in the Clarence – Amherst area. Councilman Kolber will set a tentative meeting for May 4, 2005 at 9:00 A.M.

Councilman Kolber met with the Historical Society, they had several concerns regarding the demolition of the house located at 5329 Green Valley. This is a historical structure built in the 1800’s their concern is that it is too easy to destroy a building that may have historical significance.

The Historical Society is also questioned whether the Rolf Clock was adequately insured. Councilman Weiss will check with Joe Floss to be sure we are properly insured.

Councilman Kolber received a complaint from a resident who tried to book Meadow Lakes Pavilion #1 for a party but was told by the Town Clerk’s office that the Clarence Baseball Association was allowed to book it before March 1 for all their weekend tournaments. Deputy Town Clerk Darcy Snyder said that the Town Clerk is aware of the situation however; this has been procedure for the last several years. There are several hundred people using the park during tournament weekends and if we allowed private parties in both pavilions along with a baseball tournament, the park could not accommodate everyone, parking is a problem as it is.

Councilman Kolber received a call from a resident on Old Goodrich that is concerned about the open inspection wells that were done in conjunction with the Heise-Brookhaven Sewer. Town Engineer Joseph Latona will look into the situation and Town Attorney Bengart will send a letter to the concerned parties.

There being no further business, the Work Session adjourned at 7:28 P.M.

Darcy A. Snyder

Deputy Town Clerk


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

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Councilman Joseph Weiss led in the pledge to the flag, followed by a prayer given by Barbara Kautz of the First Presbyterian Church.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, and Asst. Director of Community Development James Hartz.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to accept the minutes of the previous meeting held February 23, 2005 as received. On the question, Councilmembers Kolber and Weiss said they will recuse, as they were not present. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilmembers Kolber and Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss that upon recommendation of Town Justice Robert Sillars, John Micciarello of 4985 Red Tail Run is appointed as Security Officer PT effective March 3, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said in regard to the Erie County budget crisis, she spoke with NYS Police Captain Mark Koss. He assured her that the State Police will make sure that the Town is protected in all emergencies.
Supervisor Hallock also heard from Chief Donovan of the Erie County Sheriff’s Department who said that the road patrols should be close to what they were before. They have experienced sizable cuts, but still expect to provide protection to the Town.
The Town Supervisors and Village Mayors have been meeting regularly to address the issues based on priority. Supervisor Hallock said they will be meeting in Hamburg tomorrow with the Highway Superintendents to discuss highway items such as administration, legal issues, costs/reimbursements, union questions and other issues.
The County informed us that the Motor Vehicle Department will be open at the Library on Fridays for at least two more weeks.

Supervisor Hallock received a letter that the Erie Community College Trustee Search Committee is soliciting resumes of interested Erie County residents who are 18 years of age or older for an appointment to the Board of Trustees for a term of 7 years. There is a notice posted on the community bulletin board in the Town Hall if anyone wants further information.

Supervisor Hallock said the Town contracted with Wendel Duchscherer for a Parks & Recreation Master Plan. A Public Input Meeting will be held on Monday, April 11, 2005 at 6:30 P.M. in the Town Hall auditorium. Maps will be displayed for review, a presentation made and the opportunity for the public to speak. All comments will be considered for the final document.

Motion by Councilman McPherson, seconded by Councilman Kolber to award the bid for the Senior Center Van to Gorman Enterprises, they being the low and responsible bidder, in the amount of $49,522. On the question, Supervisor Hallock said she will have to recuse, as she did not realize, this is a relative. Upon roll call – Ayes: Councilmembers McPherson, Bylewski, Weiss and Kolber; Noes: None. Recuse: Supervisor Hallock. Motion carried.

Councilman McPherson said in regard to the Main Street Widening Project in the Clarence Hollow, he asked the Clarence Hollow Association and the Revitalization Committee and the committee working with the contractor to prepare a punch list of things they notice that were inconsistent with the project plans and specs. He has forwarded a copy to the Department of Transportation who has indicated that they will be addressing most of the items in the spring.

Councilman Bylewski said we received the Amherst Central Fire Alarm Operations Report for February. Town of Clarence fire companies responded to the following: Motor Vehicle Fires – 1; Miscellaneous Fires – 10; EMS Calls – 108; Motor Vehicle Accidents – 12; and Miscellaneous Calls – 30 for a total of 161 alarms.

Councilman Bylewski said at the Resident’s Forum held last week, it was brought up about the high level of sound on commercials. He spoke with Adelphia and the Public Service Commission regarding this issue. Adelphia claims that they do not have the technology to control the sound on the ads, but they are looking into it. The Public Service Commission does not have jurisdiction over that issue, but encourages Adelphia to look into it.
We also received a bankruptcy notice regarding Adelphia. The meeting of the creditors has been adjourned until May 25, 2005 at 2:00 P.M. in New York City.
Councilman Bylewski said it has also been brought to his attention that a number of applicants for the senior discount on cable have been told that it is not available or that they have not received an application. The senior discount is listed in the current contract, as well as the renewal. Applications can be filled out at the Town Clerk’s Office.
He received e-mail from Sharon Hanson of Adelphia apologizing for any inconvenience. They have addressed the issue internally. Councilman Bylewski said if anyone has a problem, they should contact him.

Councilman Bylewski said appointments were made to the Youth Center Board at the last meeting, but he forgot to mention the term expiration dates. The terms of Jean Ranney and Jennifer Kiss expires 12/31/05 and Jon Powers term expires 12/31/07.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Martha Root to the Historic Preservation Committee. On the question, Councilman Bylewski said this is the final appointment to the committee and a meeting will be scheduled shortly. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said he has recommendations from the Municipal Review Committee. The first item involves a client of his firm, Wargo Enterprises, so he will bring up the matter and recuse from voting on the matter.

Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Demolition of 5329 Green Valley Drive. This Type I Action involves the issuance of a demolition permit per Chapter 69 of the Code of the Town of Clarence. The MRC has recommended that the Town Board work with the applicant to save, where practical, any of the important architectural features of the structure. After thorough review of the submitted Environmental Assessment Form (EAF) by the MRC and Town Board, it is determined that the proposed action will not have a significant impact upon the environment. On the question, Councilman Weiss said we are looking to get some of the bricks and lintel because it came from the creek. Councilman Kolber said he really hates to see this house go. It is an important part of Clarence’s history. We cannot stop it, but he feels we are loosing part of our heritage. He read a letter from the Historical Society voicing their objection to the demolition of this structure. They feel it is too easy for a property owner to demolish historical buildings. They support legislation to protect our historical heritage. Supervisor Hallock said Councilman Weiss worked extremely hard on this project. Councilman Weiss said there was a lot of cooperation from the property owner, demolition company, the Historical Society, but it was a question of money. The cost of moving the structure would be between $60,000 to $100,000. There was no one to come up with those kinds of dollars. Supervisor Hallock said we are going to get some of the stone from the foundation to use for the fences in the arboretum. Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock. Noes: None. Recuse: Councilman Bylewski. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Floss Office Building located at 6465 Transit Road. This Unlisted Action involves the development of a 9,450 sq. ft. one-story office building in the Commercial Zone. After thorough review by the Town Board, Planning Board and MRC of the submitted site plan and Environmental Assessment Form, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Harris Hill Animal Hospital. This Unlisted Action involves the construction of a new 4,676 sq. ft. facility and demolition of the existing building located in the Commercial Zone. After thorough review by the Town Board, Planning Board and MRC of the submitted site plan and Environmental Assessment Form, it is determined that the proposed action will not have a significant impact upon the environment. On the question, Councilman Kolber said this is not in character with the proposed Traditional Neighborhood Development. Councilman Bylewski said the MRC based the recommendation on the project not significantly impacting the environment. James Callahan said they identified design alternatives to meet the objectives of the Traditional Neighborhood District as the project moves through the process. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski deferred to James Callahan for an update of the action items being worked on while we are under the moratorium.
James Callahan reported the following:
Zoning Law & Map Update – reviewed and forwarded for Town Board approval this evening.
Subdivision Law – Draft 3 completed by Planning & Zoning and forwarded to the Planning Board. Planning Board set a public hearing for April 6 to receive initial public input.
Adequate Public Facilities – consultants will forward a draft in April. They have also forwarded a proposed rate of growth ordinance for consideration as an alternative land use tool.
Parks and Recreation Master Plan – development is ongoing. Identifying long term needs of the community is under way.
Landscape and Tree Law – Planning & Zoning is continuing work on a revised draft.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept, with regret, the resignation of Christine Schneegold from the Planning Board effective April 1, 2005 due to relocation. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we now have two vacancies on the Planning Board. We are accepting applications through April 6th for Planning Board member, alternate Planning Board member and Municipal Review Committee member.

Councilman Bylewski reported on the single-family dwelling units built. During February 2005 – 6 building permits issued in subdivisions and 2 outside for a total for 2005 as 11 inside subdivisions and 3 outside. The total for the end of February 2004 was 24.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation of Highway Supt. Ted Donner, Lyle Judd be appointed to the open position of Motor Equipment Operator in the Highway Department effective March 12, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to set a Bid Date of Monday, April 11, 2005 at 10:30 A.M. for the Hillcrest Drive Sanitary Sewer in the Clarence Town Clerk’s Office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to agree to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within Waterford Estates Phase 2 and Waterford Commons Phase 2. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said that Highway Supt. Ted Donner has expressed the need for a law licensing snowplow operators. We have had a number of complaints from residents who have had snow plowed into their yard or onto the streets. We are looking into this to see what other towns are doing and possibly schedule a public hearing in the future.

Councilman Weiss said there has also been a lot of conversation about a police force. What we are doing is trying to beef up our security patrol by sending a few of our officers for increased training. Supervisor Hallock added that she has spoke with Captain Koss of the State Police and Chief Donovan of the Erie County Sheriff’s Department and they are both willing to help us out.

Councilman Kolber thanked the Bicentennial Committee, the Historical Society and all of the others who were involved in the Birthday Party event held last Sunday. It was a very successful event. Doug Kohler put a lot of effort into a new book on the history of the Clarence Hollow. There will be three more books added on the Harris Hill, Clarence Center and Swormville areas of Town. They are looking for anyone who has any photos or artifacts as they work on the next book for Harris Hill.

Town Clerk Nancy Metzger received a communication from the New York State Dept. of Transportation stating that Route 5 (Main St.) from Hillcrest Drive to Davison Road is completed and officially accepted.

Public Participation

Michael Dwyer, 5797 Forest Creek Dr. said he has written a letter regarding the Highland Farm Subdivision. Their developer, Ryan, lied to them about what was going to happen on that property. They were told it was protected wetlands. Then, the developer sent in his people to clear out trees before there were any approvals. The residents did not know about the new plan or receive notice about any meetings on the subject. The developer must clear out an entirely wooded area in order to put in a pond. The question is whether there needs to be a pond and then if it should be wet or dry.
Mr. Dwyer said there is a major safety concern with the pond and all of the small children in the area. They did not move to Loch Lea because of all of the ponds there. They feel that a dry pond will draw mosquitoes because it will be wet due to the design. The trench that exists will run into the dry pond. The pond is right off the back of three of their properties.

Christina Biloh, 5791 Forest Creek Dr. said the pond is only 40 ft. from her back yard. This would allow Mr. Cimato to relocate the floodplain to her backyard. She does not feel this is fair. It will not be a dry pond with all of the drainage coming into it. It will be a swamp. They would like to see the pond minimized and moved further away from their backyards. They would also like to see the pros and cons of a dry pond versus a wet pond.

Peter Jay, 5785 Forest Creek Dr. said he reiterates the concerns of his neighbors. He has small children whose safety will be compromised. He would like to understand if there is some environmental issue of why the pond must be there. He would like the pond to be located as far away as possible.

Michelle Toole, 5779 Forest Creek Dr. said her concern is the same as her neighbors. Another concern is the trees. They would like to see a way that as many trees as possible could be preserved.

Jeff Langenfeld, 5642 Field Brook Dr. said he is concerned about the whole environment in that area. There is a dry pond behind Kippen that fills up after a rainstorm. That will now run into the proposed pond. He thinks that engineers should look into it a little more. They all feel that they are just trying to push this project through so they can do whatever they want back there.

Patricia Esposito, 5653 Field Brook Dr. said she also has the same concerns about the Cimato Development, but she would like to give her three minutes to Michael Dwyer to finish his statement.

Michael Dwyer said the major point he would like to make is that they would like the facts, opinions and assumption that went into forming the opinion that a pond is necessary in the first place. There are only 16 houses going in. He would like to know what the requirements are to have to have a pond. He feels the only purpose is to provide the developer with backfill. The amount he needs matches the amount being taken from the pond area. He thinks they created the situation to have to build the pond. The last thing they need is a swamp in their backyard. There is concern about what it may do to their foundations. Consideration has to be given to the elevations of the existing homes.

Ilene Jay, 5785 Forest Creek Dr. said her property will be affected directly. She does not want a pond there, wet or dry. She would like proof that there has to be a pond. She would like it to be as far away from her property if it has to be there.

Sandy Skaine, Willow Lake Ct. said she would like to thank the Board for their public concern and support for the family regarding the Green Valley property. She said this property had not been identified as a significant historical property. It was when they found out about the alternatives to demolish it, their efforts began to document its history and architectural significance. However, it was too late. We now have created a Historical Preservation Committee, which is long over due. She is very thankful for that. We have already lost a lot of our historical heritage. Supervisor Hallock said they did try. Mrs. Skaine said she understands that.

Jeff Palumbo, Renaldo and Palumbo read a letter that he submitted today regarding the Highland Farms and Woodland Hills Subdivisions. It is his understanding that the new Zoning Law and Map may be adopted this evening. They have been assured by the Town, that the new lot widths and size would not be applicable to these subdivisions given the time and money invested to date by his client. They were told today that according to the strict terms of the proposed Zoning Law, only lots of record would be exempted. They comply with a part of the definition of Lots of Record given that the Town has known the intent of the use of the lots for the development. It appears an inconsistency exists in the proposed ordinance in that the Town’s procedure is to grant concept plan approval, development plan approval, require installation of the roadways before site plan approval. They cannot believe that after all of that a change in lot requirement could be imposed on a subdivision.
Mr. Palumbo said in regard to the Woodland Hills Subdivision, the purpose of the Heise/Brookhaven Sewer Construction Agreement was to allow existing homes along Meadowbrook Drive, along with the combination of Spaulding Lake residents and the Research Park to tap into the Heise/Brookhaven line. Without the Highland Farms and Woodland Hills subdivisions being grandfathered , there is no incentive for Cimato Enterprises to accommodate those existing homes. In their opinion, this violates the spirit of the agreement signed by the Town for the construction of that sewer line to accommodate those subdivisions.
He has suggested some language that he would hope the Board would include in the ordinance. It relates to the definition of Lots of Record – “any vacant lot which individually or as part of a subdivision has been recorded in the County Clerk’s Office and/or has received concept plan approval into which proof can be given that the lot was intended for development prior to the adoption of this law.” We are talking about grandfathering two subdivisions. This simple change insures that there would be no litigation. In the event that they are not successful to have this delayed to sit down and discuss the issue, that will void that any unnecessary litigation is assured to follow.

Joyce Bakowski, Davison Rd. said that on behalf of the Chamber of Commerce, they ask the Town Board to look favorably on the proposed commercial projects of Saturn of Clarence, First Niagara Bank and Avis Rent-A-Car and to work efficiently and expeditiously for the benefit of these businesses and the Town.

A Public Hearing was held to consider the purchase of a parcel of vacant land approximately 2.75 +/- acres on Rapids Road at a purchase price not to exceed $25,000. James Callahan said the parcel is along Tonawanda Creek on Rapids Road, adjoining property that the Town previously purchased. It is zoned Agricultural. It consists of 800 ft. creek frontage and 585 ft. of road frontage. By using recreation funds, it has the potential to provide public access to the creek. It is located in the floodplain with Federal wetlands along the creek corridor. The assessed value is $26,300.
Supervisor Hallock said this is part of the greenprint program voted into effect in 2002. Councilman Bylewski asked if this was referred to the Assessor? Supervisor Hallock said yes it was and he said it is worth $25,000 and she could quote him on that. There has been no property changing hands since 1970. Town Attorney Steven Bengart said we will now be able to enter into a contract and begin the environmental assessment, search and survey and all other issues.
With no one else speaking on the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. On the question, Councilman Weiss said he thinks this is a great purchase and will offer our residents access to the creek for kayaking, fishing, etc. Councilman Bylewski said that is why we contemplated purchasing the property with recreation funds. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
Resolved, that after a Public Hearing duly held on Wednesday, March 9, 2005, and after all interested parties being heard, the Clarence Town Board approves the purchase of approximately 2.75 +/- acres of vacant land located on Rapids Road in the Town of Clarence, Erie County, New York at a purchase price not to exceed $25,000, plus any closing costs and disbursements, subject to the terms and conditions of the conditional contract. Funds to be allocated from Recreation Funds.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
Resolved, that the Clarence Town Board authorized the Supervisor to sign a contract for the purchase of approximately 2.75 +/- acres of vacant land located on Rapids Road for a purchase price not to exceed $25,000, plus any closing costs and disbursements. Funds will be allocated from Recreation Funds.
Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law “Imposing a Temporary Six-Month Moratorium on Land Use Approvals in the Town of Clarence”. Supervisor Hallock stated that there will be a 3-minute time limit for each speaker.
Speaking to the subject:
Joe McIvor, Buffalo/Niagara Builders Association expressed the industry’s concerns regarding the extension. The Town began creating a Master Plan in March 1998 and it took over three years to be adopted. Now four years later, the Town has not completed zoning to reflect the Master Plan. They question the commitment and skills necessary to complete this in a timely manner. They presume that completing the new zoning law and adequate public facilities law are unresolved and warrant the Town Board’s consideration of extending the moratorium. Mr. McIvor referred to an article in the Clarence Bee about the adequate public facilities law. He said it should be noted that the current student population is that of 1970. The report appears to conclude that the consultants find that future growth is constrained by the lack of infrastructure, not to mention permit caps, floodplains, agricultural districts and wetlands. What need is there to pursue a public facilities law? New homes disproportionately support the tax base. Since public services and similar costs are rapidly inflating, why would you not increase the pool. They feel that an extension of the moratorium will result in higher taxes.

Pete Peterson, Buffalo/Niagara Association of Realtors said the purpose of the moratorium was to update the zoning law and allow the Town time to establish an adequate public facilities law. It is their understanding that this type of law allows the Town to impose impact fees on homeowners who choose to build a house in a new residential subdivision. With a few exceptions, impact fees are illegal in New York State. They feel a further extension will stifle economic growth. They believe the loss in the tax base will be devastating on future budgets. There are two unknown factors looming. The fiscal problems facing Erie County and the potential negative affect on Moody’s favorable bond rating. Clarence will be responsible for assuming some of the costs of services dropped by Erie County. They feel a moratorium sends the wrong message to employers considering expanding into the region. Clarence is the number one community of choice.

John Liardi, Executive Vice President Buffalo/Niagara Association of Realtors said Clarence is 25% developed. It has sufficient land to build and offer homes at varying prices to satisfy buyer segments that want a new home. They believe keeping the door shut places one more obstacle in our region. Removing new building lots from the market will have a ripple affect on existing land and housing. They feel the current cap of 240 new homes per year is practical. A moratorium will not damage the real estate market, it will have a negative affect on the entire business community. They strongly oppose the moratorium. They believe in the rights of private property owners to determine the best use of their land. They advocate a policy to provide housing opportunities and choice, build better communities, protect the environment, protect private property rights, and implement fair and reasonable public sector physical measures. They ask that the moratorium not be extended.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. On the question, Councilman Bylewski said he would like to address some of the comments that were made. An adequate public facilities law is legal in New York State and it is not an impact fee.
There were comments regarding an article in the Clarence Bee that was citing portions of the report on the adequate public facilities law done by our consultants, Freilich, Leitner and Carlisle. In regard to parks and schools being excluded from the report, the report actually states that parks inventory needs assessment and level of service objectives are being developed in conjunction with the parks master plan. The Town should defer until the parks level of service and improvement plans are adopted.
In regard to schools, it was recommended that if we cannot obtain buy-in by the school district, which includes Lancaster and Newstead, that we not include the schools with it. However, it does not state that we should not include schools in an adequate public facilities law. Schools would be an integral part.
Councilman Bylewski said he would like to, by reference, incorporate his prior comments from the two other public hearings we have held on the moratorium. After a period of explosive growth, you need a little time to make sure things are in line with the plan that you have. The Planning Board says they need the time to adequately consider the zoning law, subdivision law and adequate public facilities law. It was mentioned tonight how long it has taken. It took Grand Island 10 years between adoption of their comprehensive plan and the zoning law to get things done correctly.
While under the moratorium, we have still allowed commercial development to go forward. Subdivisions with concept plan approval have been allowed to continue to build. According to our Planning Department, we have 680 residential lots in subdivisions that can go forward while under the moratorium. We allow 170 to be built each year, which means we have at least four years of inventory that can be developed. For every tax dollar paid by a homeowner, that homeowner receives $1.40 worth of service. Usually the Town loses tax dollars on new residences built. On the other hand, for every tax dollar from commercial development, commercial owners receive only $0.40 worth of municipal services, which is a net gain to the Town. We have come the closest of achieving what we need in terms of commercial development.
Councilman Bylewski referred to a report on MSNBC.com today done in conjunction with the Associated Press called “Crumbling nation? US infrastructure gets a “D”. It states that crowded schools, traffic-choked roads and transit cutbacks are eroding the quality of American life, according to an analysis by civil engineers. The condition of our roads, bridges, drinking water systems and other public works have shown little to no improvement since they were graded an overall D+ in 2001, with some areas sliding toward failing grades. William Henry, the president of the civil engineers group said Americans are spending more time stuck in traffic and less time at home with their families. We need to establish a comprehensive, long-term infrastructure plan as opposed to our current “patch and pray” method. They rated roads with a D saying poor road conditions cost motorists $275 per year. Total spending is well below what is needed to improve transportation conditions.
Schools also received a D. The Federal government has not assessed the condition of schools since 1999. Despite public support of bond initiatives to provide funding for school facilities, without a clear understanding of the need, it is uncertain whether schools can meet increasing enrollment demands and the smaller class sizes mandated by the No Child Left Behind Act. Another area rated was Wastewater with a D. Wastewater management systems discharge billions of gallons of untreated sewage into US surface waters each year. The EPA estimates that we must invest over $390 billion over the next 20 years to replace existing systems and build new ones to meet increasing demands.
Councilman Kolber said he thinks that everyone was hoping that things could have been finished in the first six months. However, they have not after diligently working on them. The Planning Board is focusing on the subdivision law. The majority of the people in the Town do not want the quality of life eroded. There is concern over where is the money going to come from for the County roads with the state of their budget. The schools are a huge issue. We were told only months ago by the school board that they could handle the growth for the next 10 years without any major projects. All of a sudden, they cannot handle it and have to spend $35 million to handle improvements at the middle and senior high schools to handle what we have been telling them for quite some time. That is only the cost to build, not operation costs. We can only go forward in a manner that the Town can handle.
Councilman Weiss said we are being told that if we stop growth, there is going to be a problem. We added $130 million to our assessment last year and taxes went up. The system is broke. We have to be very concerned and plan about where our residents are going to be. We have had several years of growth and because we had a small portion of commercial and so much residential, our tax situation is very delicate. We need this planning, the zoning law and the adequate public facilities to protect us.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to adopt the following resolution: Whereas, the Clarence Town Board has adopted Master Plan 2015, a comprehensive plan to guide land use decision making into the future, and
Whereas, it is imperative that local land use controls be updated to adequately address the continued pressure for growth to ensure that the community develops in a manner consistent with Master Plan 2015, and
Whereas, the Town of Clarence is working to develop a comprehensive Zoning Law and Map update, an Adequate Public Facilities Ordinance, a comprehensive Subdivision Law update and a Parks and Recreation Master Plan, all in support of the identified goals in Master Plan 2015, and Whereas, it is essential that the necessary time be committed to ensure that the proposed updates are completed in a satisfactory manner and it will be necessary to extend the existing Moratorium for an additional 6 month period to complete the identified land use controls, Now therefore, be it
Resolved, that the Town Board of the Town of Clarence adopts Local Law No. 2 of the year 2005 titled “Imposing An Additional Temporary Six-Month Moratorium on Land Use Approvals Of Any New Residential Subdivisions In the Town of Clarence.” This Local Law shall take effect May 3, 2005. On the question, Town Attorney Steven Bengart said he assumes everyone would like the previous minutes incorporated and included in this motion as well. Supervisor Hallock said yes they do. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

A Public Hearing was held to consider a Special Exception Use Permit to erect a 70 ft. Telecommunications tower at 7377 Transit Road. James Callahan said the location is the east side of Transit between Lapp and Wolcott in the Major Arterial Zone. The Master Plan identifies the area in a Commercial classification. The Planning Board forwarded site plan approval with recommendations.
Councilman Bylewski said the tower, even at 70 ft. will be effectively hidden with the existing tree line in the area.
Supervisor Hallock asked the representatives for the project if they are aware and in agreement with the conditions and they said yes.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Supervisor Hallock to adopt the following resolution: Resolved, that the Clarence Town Board grants a Special Exception Use Permit to SBA Network Services and Cingular Wireless to erect a 70 ft. Telecommunications tower at 7377 Transit Road subject to the following condition:

  1. The tower must be enclosed by a fence no less than 8’ high to enclose any anchors, guys, etc.
  2. Screening approved by the Landscape Committee via an approved Landscape Plan (completed).
  3. An inspection every 2 years by a licensed professional engineer.
  4. No lighting on the tower, except as required by the Federal Aeronautics Administration.
  5. A demolition bond for removal of the tower must remain in force for the life of the tower in an amount approved by the Town board not less than $20,000.00.
  6. The tower maximum height is to be 73’ including the lightning rod.
  7. The sub-base shall be designed to accommodate future expansions, if necessary.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Item 14. Consider adoption of the proposed Zoning Local Law and Map. James Callahan said a public hearing was held on Draft 6A on January 19th, which includes lot coverage for the residential zoning of 13% for a 2-story home and 18% for a 1-story home. Wording was added to identify commercial open developments as a preferred design alternative.
The proposed law was prepared in conformance with Master Plan 2015. Lot sizes are increased in the Residential and Agricultural zones. Agricultural uses are preserved outside of sewer districts. Residential B lots are eliminated. PURD districts are repealed, with existing PURD’s allowed to build out. Open space design development overlay district was created to encourage preservation and clustering of units to preserve open space. Expanded Commercial and Industrial areas are identified where there is no conflict with existing or proposed residential areas. Traditional Neighborhood District created to preserve and encourage a hamlet character in a traditional neighborhood.
Supervisor Hallock read a communication from James Blum, 5509 Martha’s Vineyard stating that the Zoning Law presented on January 19, 2005 should be adopted and any revisions handled later. We need this law in place to cover proposals that are coming in regularly. Improvements for commercial, business or any other purpose should be carefully reviewed by all and added later. Second, Mr. Blum said the Planning Board has suggested that the lot coverage percent be revised back to 20% with a minor revision in side setbacks. He disagrees and has attached a comparison analysis.
Supervisor Hallock said a letter was received from the law firm Zdarsky, Sawicki & Agostinelli representing the Casilio Companies with their proposal to construct a new office building east of 8705 Sheridan Drive. Based on the reasoning set forth in Udell v. Haas (1968) and DeSena v. Gulde (1965), they believe that the change in zoning classification to the property of their clients may not be a legitimate exercise of the authority of the Town. They respectfully request that the Town Board leave the property of their clients zoned Commercial as opposed to Restricted Business or refrain from acting on the Zoning Law.
Councilman Bylewski said all of our laws dealing with land use have to comply with the Master Plan 2015. We realize this law is not perfect, but it is the best we have. It can be amended down the road, but any amendments would also have to comply with Master Plan 2015.

Motion by Councilman Bylewski, seconded by Councilman Weiss To adopt the following resolution:
Whereas, the Clarence Town Board issued a Negative Declaration after a coordinated review by all involved agencies for the proposed Zoning Law and Zoning Map on September 22, 2004; and
Whereas, a public hearing was duly held on January 19, 2005 to consider an amendment to the Code of the Town of Clarence, and after all interested parties being heard, the Clarence Town Board closed public hearing, and after discussion, the Clarence Town Board unanimously voted by motion, to refer the proposed Zoning Law and Zoning Map back to the Planning Board to review the comments made at said public hearing; and
Whereas, the Planning Board, having made further recommendations to the Clarence Town Board; and
Whereas, the Clarence Town Board having reviewed those recommendations and after consideration of all comments and information provided made at the Public Hearing on January 19, 2005; and Whereas, the proposed Zoning Law and Zoning Map are consistent with the adopted Master Plan 2015; Now therefore, be it
Resolved, that the Clarence Town Board adopts Local Law No. 3 of the year 2005 amending the Clarence Town Code Chapter 229 titled Zoning Law and Zoning Map. This local law will become effective upon filing with the Office of the New York State Secretary of State.
On the question, Councilman Weiss thanked Jim Callahan, Jim Hartz, Pat Powers and the Planning Board, Phil Sgamma and the MRC, and the wonderful gadfly, James Blum and everyone else involved in putting this together.
Supervisor Hallock said it is in the best interest of the Town to approve this law. Amendments can be made at a later date. The lot coverage of 13% and 18% is a compromise.
Councilman McPherson said that while there are many favorable things contained in Draft 6A, and the need to get moving on our revisions, he feels there are inconsistencies with the Master Plan. One is increasing lot size, which increases sprawl by the amount of the lot size increase, which is counter-productive to the smart growth assertions in the Master Plan. He does not think there is enough emphasis placed on clustering. Large homes on large lots will not preserve our rural nature. He does not think enough emphasis is placed on alternative forms of housing, or mixed land use development outside of TND’s. He opposes the 13% and 18% footprints. Councilman McPherson, for the record, will approve this law with the understanding that the areas he mentioned be addressed for potential revision.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Cimato Enterprises requests Development Plan Approval for a 16-lot Residential A Subdivision, including construction of approximately 830 ft. of Fieldbrook Drive in Highland Park Subdivision. James Callahan said the location is north of Roll Rd., west of Newhouse Rd. consisting of approximately 14.4 acres zoned Residential A. The Master Plan identifies the area in a Residential classification. A Negative Declaration was issued by the Town Board 9/25/02.
The Planning Board forwarded a recommendation with the following conditions: 1. Recreation and Open Space Fees; 2. A dry pond approximately 3-feet deep; 3. A 20 ft. natural buffer the full length of the rear yards of the homes adjoining on Forest Creek Drive; 4. Subject to conditions of the Town Engineer; 5. Lots adjacent to Federal wetlands shall be deed restricted and marked to prevent encroachment. Lots with frontage on Gott Creek to be deed restricted to prevent encroachment and markers/monuments placed to ensure compliance; 6. The Town Board to resolve the matter of access to the creek; 7. No work to commence until the Town Board grants Development Plan Approval; 8. Truck traffic to be limited to the site to Monday – Friday from 8:00 A.M. to 5:00 P.M.; and 9. Preservation of natural vegetation to greatest extent feasible for home site development.
Jeff Palumbo and Bill Schutt were present representing the applicant. Mr. Palumbo said he would like to address issues raised by the residents. Mr. Palumbo said the developer removes trees for the roadways and utilities only. The ultimate buyer who builds a house determines what trees are removed. He said that his client did not misrepresent what was going on this site, as the residents indicated that Ryan Homes did.
Mr. Palumbo said their theory is that the grandfathering of PURD developments previously approved to continue should also apply here regarding lot sizes. He does not see the point of allowing subdivisions to proceed that had concept plan approval unless they were going forward under the existing ordinance. They ask the Board to consider an amendment to the ordinance adopted today and grant exemption to the subdivisions that have concept plan approval.
Bill Schutt said they received Planning Board approval with conditions. The original plan has gone through the review process with a wet detention basin. Based on that recommendation, they developed this plan to convert the wet pond to a dry detention basin. They doubled the distance of the pond from the rear yards of Forest Creek and added a 20 ft. natural vegetative buffer along the entire length from the rear lots of Forest Creek. They eliminated an area running parallel to the creek to 50 ft. wide storm drainage and a stream bank protection easement owned by the individual homeowners. An easement is in place for Highway Department access to the area.
Mr. Schutt said there was reference that we are trying to rush this project through, but it has been in the process for four years. This extension of Field Brook has been on the books for nine years. There are dry ponds in the Highland Farms Subdivision that are constructed the same as this proposed pond. Councilman Kolber said they have to maintain the runoff on the site.
Town Engineer Joseph Latona said the Town policy is that the design is to retain a 25- year, 6-hour storm. Mr. Schutt has been in contact with the DEC, who has changed that regulation to a 100-year storm, which necessitates a much larger basin. Mr. Schutt said they are complying with the new DEC regulations regarding stormwater runoff, which address quality and quantity issues. Councilman McPherson said then the pond is as large as it is because it has to be. Mr. Schutt said yes. Town Engineer Latona said it is larger than our current policy, but the new regulations are going to be taking effect. The DEC has already adopted the new regulations and we have to by 2008. His department is working on a new ordinance. Mr. Schutt said they will do whatever the Town would like. Mr. Latona said if we would not conflict with the DEC, he has no problem making it smaller. Councilman Bylewski asked what the difference is between a swale and a dry pond? Mr. Schutt said in his opinion, a swale is similar to a ditch. The basins fill in a storm event as they are designed. Councilman Bylewski asked about the pipe to the basin relative to backflow. Mr. Schutt said the discharge is permitted by the DEC. It is not designed to intercept the flow from Gott Creek. It is designed to retain water from the subdivision.
Town Attorney Steven Bengart said based on what he is hearing, we should take care of both the issues regarding this project by tabling it this evening.
Motion by Councilman Kolber, seconded by Supervisor Hallock to table the request for Development Plan Approval for a 16-lot Residential A Subdivision, including construction of approximately 830 ft. of Fieldbrook Drive in Highland Park Subdivision until we can resolve the issues. On the question, Councilman Kolber said he thinks that the residents do not have a problem with the subdivision, just the size of the pond. Fred Cimato said the design of the pond is to help the residents also from potential flooding. They are not trying to put in a smaller pond just to get by. They are following all of the regulations of the Town and the DEC. Councilman Bylewski said there has been a concern on behalf of the residents regarding notification. He asked the Planning Department that once this item is brought back on the agenda, they receive a notice. Jeff Palumbo asked what the reasons were for tabling because if one of them is to schedule a public hearing in connection with the 125 ft. lot issue, then he would be in agreement. If it is only to make a determination on whether or not the pond should be reduced because the neighbors want it smaller, he believes that is within the domain of the Town Engineer. Town Attorney Steven Bengart said there are two significant issues out there that we should try to resolve for everyone’s benefit. Councilman McPherson said it should be stated that there is pending stormwater legislation that is going to change all of the requirements for ponds throughout the Town. We should proactively address them whenever possible as we move forward with our planning, rather than make changes later. Town Engineer Latona said he agrees. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for April 13, 2005 at 7:45 P.M. to consider a Special Exception Use Permit for a collision shop at 5355 Transit Road for Saturn of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

First Niagara Bank requests Concept Plan Approval for construction of a 2,688 sq. ft. bank in out parcel #3 of the Clarence Mall at 4401 Transit Road. James Callahan said the location at the Clarence Mall is zoned Major Arterial as identified in the Master Plan. The Town Board previously referred the overall redevelopment of the Clarence Mall to the Planning Board.
Representatives were present with a rendering of what they propose. Councilman Bylewski said we are working with the Town of Amherst on Transit Road access management. He does not know if it will affect this particular project, but it may affect the Benchmark design of the site.
Motion by Supervisor Hallock, seconded by Councilman Weiss to refer the request for Concept Plan Approval for construction of a 2,688 sq. ft. bank in out parcel #3 of the Clarence Mall at 4401 Transit Road for First Niagara Bank to the Planning Board. On the question, Councilman Kolber said he would like to see a landscape plan for that entire site also. Councilman Bylewski said he believes that will be included in the Benchmark plan. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to table item 18. Avis Rent-A-Car request for a Special Exception Use Permit for an automotive leasing center at 4475 Transit Road until the applicant is available. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence HS Rifle Team – March 15, 2005; B. Clarence Little League Football – April 23, May 14, 2005; C. Friends of Harmony – June 12, 2005; Legion Hall Applications – A. Kathy Konitsch – April 10, 2005; B. Julie Warman – May 1, 2005; C. Pamela Lang – May 14, 2005; D. Clarence Grange #892 – June 11, 2005; and E. Tim Blakely – July 9, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of March 10, 2005 are approved for payment: General Fund - $89,767.55; Highway Fund - $21,462.35; Water District - $34,648.58; Central Alarm - $30.41; Fire Districts - $352.58; Drainage District - $25.85; Wastewater District - $17.90; Sewer Districts - $210.25; Capital Fund - $17,409.00; Special Revenue Fund - $5,299.95; and Trust & Agency 203 - $22,565.65 for a total amount of $191,790.07. On the question, Councilman Bylewski said there were a couple vouchers for NOCO, who is a client of the firm where he is an associate. However, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Daniel Gamin, 5287 Shadyside Drive said he lives one mile from the historic home that was approved for demolition. One week ago we began our Bicentenial celebration with a birthday party at the Town Park Clubhouse. He thinks it is absolutely terrible that we are allowing the demolition of one of the most historic homes in our Town. This Town needs a law to protect us from the demolition of historical properties very soon.

Councilman Bylewski said speaking generally, that is why we have established an Historic Preservation Committee to establish such a law.

Councilman Bylewski thanked the Municipal Review Committee, Planning Department, Planning Board and Town Board, both past, present and current for all of the effort gone into the new Zoning Law that was approved tonight.

Councilman Kolber said he recently drove down Delaware Avenue, which used to be lined with beautiful old mansions. You do not realize what you have until it is gone. It is easier to tear buildings down and it is too bad.

Supervisor Hallock said she has received several phone calls and letters regarding the assessments and she apologizes for not getting back to everyone yet. She has not been able to keep up.

There being no further business, Supervisor Hallock adjourned the meeting at 9:40 P.M.

Nancy C. Metzger

Town Clerk