03/14/07



Regular meeting of the Town Board of the Town of Clarence was held Wednesday, March 14, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Building Inspector David Metzger, and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held February 14, 2007. On the question, Supervisor Hallock had a correction on page 60, Roseanne Butler-Smith, Library Director, did not resign, she received a promotion and will be relocating to an Amherst library. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the minutes of March 7, 2007 were not received in time for review.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Georgiane Sanfilippo to the position of Clerk PT effective March 15, 2007 at the budgeted rate of pay. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Sandra Tresino to Senior Clerk RPT effective March 15, 2007 at a rate of $12.00 per hour. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to create 10 Tutor PJC (Pending Jurisdictional Class) positions. This is a Civil Service designation. On the question, Supervisor Hallock said we expect the positions to be filled in the Youth Bureau. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant permission for Karen Jurek and Diane Chalmers to attend a pricing seminar at Advanced Business Machines on March 20, 2007 from 1:00 to 4:00 P.M. with reasonable and necessary expenses. On the question, Supervisor Hallock said the seminar deals with changes in postal regulations and there is no charge. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the request for a Block Party to be held Saturday, June 9, 2007 from 3:00 to 10:00 P.M. for Martha's Vineyard. On the question, Supervisor Hallock said all appropriate agencies will be notified. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to set the following Bid Dates for April 20, 2007 in the Town Clerk's office: at 10:00 A.M. - for the Re-Roofing Project for the Clarence Genealogy Museum; and 10:30 A.M. - for the Masonry Restoration Project at the Clarence Town Park Clubhouse. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to terminate a Town employee effective immediately who shall remain nameless to protect his/her privacy. This employee was not and shall not be entitled to any employee benefits. The employee shall have the right to apply for COBRA health benefits as required by law. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that she has received the certification letters and point summaries from the East Amherst, Harris Hill and Swormville Fire Companies. All points were posted for 30 days prior to the anniversary date.

Supervisor Hallock announced that we have an opening on our Ethics Board, due to a resignation. The appointment is for a term that expires 12/31/2010. Because no more than three members of an Ethics Board can be affiliated with the same political party, we cannot consider applications from people who are registered Republicans. Applications can be obtained on our website and in the Supervisor's office.

Supervisor Hallock said the 199th Birthday of the Town was celebrated at the Town Park Clubhouse this past Sunday, preceded by a ceremony at the Clarence Center Cemetery at 11:30 A.M. We were fortunate to have Dorothy Eshelman, a relative of Jacob Eshelman join us at the ceremony to place the wreath at Jacob's grave. Dorothy is looking forward to celebrating with us next year for our Bicentennial, when she will be celebrating her Centennial.
          Supervisor Hallock added that the Bicentennial website has been updated at www.clarencebicentennial.com. There is also a link from the Town's website and it is listed on the front page of the Bee each week under the Bicentennial logo.
          Supervisor Hallock thanked Chairperson Donna Wanamaker, the committee and all the volunteers for a wonderful job they did that day.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the computer and the internet have become a tool for sexual offenders and predators using fictitious identities in order to communicate with and entice children to meet with them with the ultimate goal of engaging in illicit activities with children; and
          WHEREAS, these illicit and immoral crimes against our children have increased and the occurrences of these crimes are rising considerably with the use of internet access by sexual offenders and predators; and
          WHEREAS, State Assemblyman Mark Schroeder, D-Buffalo, has sponsored a bill in the State Assembly (A.12114) which would enact a new law (Article 495 - Computer Sex Crimes Against Children) to make it a separate crime to use the internet to commit a sex crime against a child and to deem such crime to be subject to a more severe criminal penalty; and
          WHEREAS, the Clarence Town Board feels that the safety and welfare of our children is of the highest priority and that they must be protected; and
          WHEREAS, this Board feels that the proposed legislation is valuable and would add an additional deterrent to sex offenders and predators in New York State.
          NOW, THEREFORE, BE IT
          RESOLVED, that the Clarence Town Board supports the implementation of this proposed bill and hereby urges the New York State Legislature and the Governor to enact Assembly Bill No. 12114 to mandate stricter penalties to individuals who use the internet to commit sex crimes against children; and be it further
          RESOLVED, that the Clarence Town Clerk be hereby authorized and directed to send certified copies of this resolution to Assemblyman Michael Cole, Senator Mary Lou Rath, Governor Eliott Spitzer, and to all municipalities in Erie County.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we are currently under a contract, along with Amherst, Newstead and others, with Twin City Ambulance Service to provide EMS service in our Town. That contract will expire 12/31/07. There is an EMS Board with representatives from each municipality that is going to go over various aspects of the service and the contract. If anyone has comments regarding Twin City or ambulance service in the Town, they should contact Councilman Bylewski as soon as possible.

Councilman Bylewski said he received the Single Family Building Statistics from the Building Department for February 2007. There were 2 permits issued in subdivisions and 1 issued outside for a year-to-date total of 6 in subdivisions and 1 outside. For comparison, 2005 Y-T-D was 7 in subdivisions and 2 outside; and 2006 Y-T-D was 15 inside and 3 outside.

Councilman Bylewski said under a new law of New York State, all planning-type boards are mandated to attend four hours of training each year. The following resolution will address this issue.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, Town Law Section 267 and 271 provides, effective January 1, 2007, all planning board and zoning board of appeals members in New York State, as well as alternate members of those boards, must complete a minimum of four hours of training each year; and
          WHEREAS, the above sections of state law provide that a planning board or zoning board of appeals member shall not be eligible for reappointment to such board if they have not completed the training required by law; and
          WHEREAS, the above sections of state law provide that the legislative body of the town specify which activities qualify as training to satisfy the state requirements.
          NOW, THEREFORE, BE IT
          RESOLVED, the following list of agencies, commissions, associations, universities and other organizations are approved to provide training to meet the state requirements when the training they provide pertains to municipal planning, zoning community design, environmental issues, economic development, and local government functions and practices:
          1) the NYS Department of State; Department of Agriculture and Markets; Office of the State Comptroller; Department of Health; Department of Transportation; Department of Environmental Conservation and the Office of Parks, Recreation, and Historic Preservation; and
          2) the New York State Association of Towns; the New York Conference of Mayors; the New York State Association of Counties; the New York Planning Federation; the American Planning Association; the Upstate New York Chapter of the American Planning Association and its sections and the Metro New York Chapter of the American Planning Association and its sections; and
          3) the New York State Planning Federation and subsections thereof; Erie County Department of Environment and Planning and Erie County Soil and Water Conservation districts; and
          4) the Albany Law School Governmental Law Center and Institute for Legal Studies; State University of New York at Buffalo School of Law; State University of New York at Buffalo School of Architecture and Planning; Bar Association of Erie County; New York State Bar Association; PACE Law School; Cornell University and its cooperative extension; Lorman Education Services; National Business Institute and the American Law Institute/American Bar Association (ALI-ABA); and
          5) on-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal; Pace University and Land Use Law Center; and the Lincoln Institute of Land Policy; and be it further
          RESOLVED, that other training activities may be approved on a case-by-case basis by the Town Board upon the request of a planning board, zoning board of appeals or TEQR Committee member; and be it further
          RESOLVED, that any new member appointed to fill the last nine (9) months of a term shall not be required to have attended training to be reappointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein; and be it further
          RESOLVED, that training received by a planning board member, zoning board of appeals member, or TEQR committee member in excess of four hours in any one year may be carried over by the members into the succeeding year only; and
          RESOLVED, that the Director of Community Development shall create and maintain a system of tracking the training individual members complete annually; and such information shall be presented to the appointing authority prior to considering a member for reappointment. On the question, Councilman Bylewski said it is necessary to have this type of resolution, otherwise, we would have to approve every training session the members would attend.
          He has also talked with Director of Community Development James Callahan regarding creating and maintaining a new system for tracking. The person taking the training would have to turn in a certificate of completion.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to authorize Supervisor Kathleen E. Hallock to sign a five-year lease for the property located at 10510 Main Street for a public purpose, specifically, to house the Town of Clarence Youth Bureau and or such other Town offices as may be deemed appropriate in the future subject to Town Attorney review and approval.
          On the question, Town Attorney Steven Bengart said this lease is the result of negotiations with several different companies to try to find a site. We have spent about three months negotiating the lease.
          Councilman Casilio said he will be recusing himself, as his sister is one of the realtors involved in this transaction.
          Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Councilman Bylewski announced that Prevention Focus, Inc. held their After School Advantage Program kickoff on March 8th, which was well attended by members of the Town Board and the High School. Basically, it is a program to provide students with choices for programs and activities.

Councilman Bylewski said a few motions were made at the last Town Board meeting regarding youth and the Youth Department. We abolished the Youth Advisory Council, established the Youth Bureau and established the Youth Board. He now will make the appointments
          Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint the following to the Youth Board: Kelsey Anderson, Julia Foy, Katelynne Hein, Craig Levan, Clifford Trapper, Kevin Christopher, Pamelann Distefano and April Reger for a one-year term; Beverly Campochiaro, Susan Smerda and Holly Zuffranieri for a two-year term; Michael Bowers, Gayle Brace, Wendy Lennert and Jim Maloney for a three-year term. On the question, Councilman Bylewski said the terms will be for three years, but this is the first group and we want to stagger the terms. The first four members are high school students. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that on March 21st, Destination Imagination will hold a chicken barbeque at Ledgeview School from 3:00 to 6:00 P.M. They are involved with our school district on different projects.

Councilman Weiss said they are all deeply saddened that Supervisor Hallock is not going to run for another term of office.

Councilman Weiss said the deer abatement program has not worked out very well this past season due to the weather and the DEC not getting us the permits on time. We have talked to the Town of Amherst and their consultant and are going to send a letter to the DEC to see if we can change some regulations. We will be looking at the deer problem along with other communities as well.

Councilman Weiss announced that the Fishing Derby will be held March 31, 2007 from 9:00 A.M. to Noon at the Main Street Town Park for children 12 and under. Imagination Destination will be selling drinks and hot dogs. Children should bring their own bait, but some will be available free of charge.

Councilman Weiss said last year the Conservation group was trying to bring in some rocks to shore up the southern bank of the lake at the Main Town Park. It will be taken care of this summer.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize Supervisor Kathleen E. Hallock to sign a one-year lease between the Town of Clarence and Kreher's Poultry Farms for agriculture purposes to farm Town owned property at Salt and Greiner Roads for an annual fee of $3,000, said lease commencing April 1, 2007 to March 31, 2008. The lease has been reviewed and approved by the Town Attorney. On the question, Councilman Kolber said the Town purchased this property with Greenprint funds and it is to remain in its existing state. It has been farmed for many years and this is to continue. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Kolber said the reassessment notices have gone out from the Assessor's office. There were some increases. If someone is not satisfied, there is a process to challenge the assessment.

Councilman Kolber said the new library doors have been installed to replace some that were wearing. Supervisor Hallock added that they were funded with a Community Development Grant.

Councilman Kolber said he is sorry that Supervisor Hallock will not be running for reelection also.

Councilman Casilio announced that there is still an opening on the Avoidable Alarm Committee. Applications are available in the Supervisor's office or on our website.

Councilman Casilio stated that the Town Board will be meeting with Erie County officials, including Legislator Michael Ranzenhofer to discuss repair of Tonawanda Creek Road, possible repaving of Wolcott Road and the roundabout at Shimerville and Greiner. The tentative date is March 30th.

Councilman Casilio said a Recycling Meeting will be held at the Town Hall on March 22, 2007 at 6:00 P.M.

Councilman Casilio said some parts have come in for the Lighting District gaslights. Repairs and cleaning will be done by the Town.

Councilman Casilio said State Bids are now available for SUV's and the Park Security Department will be looking at that.

Motion by Councilman Casilio, seconded by Councilman Kolber to authorize Supervisor Kathleen Hallock to sign an Out-of-District Agreement with the Clarence Central School District to allow the Clarence Middle School, 10150 Greiner Road as an Out-of-District customer to Clarence Sewer District No. 9. Upon roll call - Ayes: All; Noes: None. Motion carried.

Town Clerk Nancy Metzger said she received the minutes of the Erie County Water Authority meeting held March 8, 2007 at which they amended the Tariff with regard to increasing the fees for installation of water meters and connection charges. A complete copy of the Tariff is available in the Town Clerk's office.

Department Reports

Joseph Latona, Town Engineer said he was invited by the NYSDOT to attend a preconstruction meeting for the reconstruction of Transit Road from Genesee Street to Main Street. The project will begin this year with utility relocations, storm drainage, construction of bypass roads and access roads. Major construction will begin at the Thruway entrance. The overpass will also be impacted.
          The goal is to improve the capacity of Transit Road, as well as the safety. A field office will be located in the TGIF plaza at Main and Transit. He does have contact names for DOT personnel. They will also be meeting with the businesses along Transit to discuss ingress and egress issues. Mr. Latona asked that the Town be notified also.
          Mr. Latona advised them that the Town of Clarence has limitations on operating hours. They intend to work from 7:00 A.M. to 6:00 P.M. He also informed them that the Town requires Fill Permits for disposal of fill in the Town.
          Councilman Kolber said it is going to be a mess. It will also impact other roads. Mr. Latona said the project completion date is December 31, 2009.

A Public Hearing was held to consider the request for a Special Exception Use Permit for automotive sales at 6585 Transit Road. James Callahan said the location is the east side of Transit Road, north of Miles Road with an existing commercial structure in the Major Arterial Zone. The property consists of approximately 1.78 acres.
          The applicant was not present. Supervisor Hallock said he was asked to appear with more information.
          Motion by Councilman Casilio, seconded by Councilman Bylewski to table this item until the end of the meeting to see if the applicant appears. Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a building material supply operation within the existing structure at 8075 Sheridan Drive. James Callahan said the location is the Mall access road from Sheridan Drive in the existing commercial space within the Major Arterial Zone.
          Rocco Lucente, Attorney for Lenco Lumber said there were questions regarding parking in the lot by Buffalo Athletic Club. They have agreed to extend the agreement to allow them to continue parking there. Lenco will not be impacted by this at all.
          Councilman Kolber said his concern is turning this in to a truck transfer station. Mr. Lucente said there may be instances when products will come in on a flatbed.
          Councilman Weiss asked the applicant if he is aware that no outside display or storage is allowed. He said yes.
          With no one else speaking to the subject, motion was made by Councilman Weiss, seconded by Councilman Kolber to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Casilio, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on March 14, 2007 and after all interested parties having been heard, grants a Special Exception Use Permit to the applicant, Lenco Lumber, for a Lumber and Building Supply operation in the existing commercial space and parking area located at 8075 Sheridan Drive subject to the following conditions: 1. Agreement with BAC for parking. 2. No outside displays. 3. Best effort to limit truck traffic on the property. 4. No outside storage.
          On the question, Councilman Kolber said best effort is not strong enough.
          Upon roll call - Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a drive-thru facility at 9430 Main Street. James Callahan said the location is the north side of Main Street, west of Goodrich Road consisting of approximately 1.5 acres in the Commercial Zone. The project has received a Negative Declaration. The Planning Board has made a recommendation with conditions.
          Jim Geiger representing the Dunkin Donuts franchisee and a Legal Consultant for Dunkin Donuts were present.
          Councilman Weiss asked if the photograph that was sent is the end product. The Consultant said it is not. The building is located in Penfield, New York and was an existing building that was renovated by Dunkin Donuts. It is also within an historical district. She apologizes that it was included in the packet by mistake. Supervisor Hallock said they all were excited when they saw that rendering.
          Two facades were submitted that meet the corporate footprint of Dunkin Donuts. In regard to the site plan, there is a two-lane drive and a double-wide drive onto Main Street that lines up with the proposed project across the street. They would like to build the newest corporate building plan. It would be the first one in the country.
          James Callahan said the Town Board does have final decision on the architectural style.
          Supervisor Hallock said, as Councilman Kolber said, this public hearing is to consider the drive thru.
          Councilman Kolber said everyone does like the colonial design. The Legal Consultant said they do not normally build a building like that. The only time they do that is if there are historical regulations.
          Jim Geiger said they want to be on the same level as everyone else. Tim Horton's down the street is a corporate design.
          Councilman Bylewski said Section 229-89 does spell out the architectural standards. The plan they submit for Development Plan Approval must conform to our Zoning Law.
          Jim Geiger said the picture that was presented in error is a photograph and that building would not fit the site. The engineering that has been done conforms to the corporate design. Dunkin Donuts is excited about putting up their new prototype.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Casilio to close the Public Hearing. 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 March 14, 2007, and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, Dunkin Donuts, for a drive-thru facility to be located at 9430 Main Street.
          On the question, Councilman Bylewski said normally there would be a number of conditions that we would include. However, at this time, it should be clear that we are reserving decision and they can be part of the Development Plan Approval. Town Attorney Bengart said it does not have to go back to the Planning Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

Home Depot requests a Special Event Approval for a tent sale from 5/15/07 - 7/9/07 at 4139 Transit Road. The Store Manager and Garden Department Supervisor were present. They would like to put up a 70' x 30' tent to be a patio furniture showcase.
          James Callahan said the Special Event Law would allow them to approve something like this for a week. They are asking for a much longer period. There are provisions in the law that would allow the Town Board to approve this event.
          Supervisor Hallock said one reason they will consider the request is that it is not visible from Transit Road. The Store Manager said it would be located on the north end of the parking lot. Councilman Kolber said it would be hidden more if it was at the other end of the parking lot. They are not opposed to that.
          Councilman Kolber said the only other concern is the parking lot islands have taken a beating from the weather. They do have a plan in place to clean them up.
          Motion by Councilman Kolber, seconded by Councilman Weiss to grant approval for a Special Event for a tent sale from 5/15/07 - 7/9/07 to Home Depot at 4139 Transit Road, subject to the condition that the tent is located at the southeast corner of the parking lot behind Toys R Us. Upon roll call - Ayes: All; Noes: None. Motion carried.

Al Gozdalski requests a Building Permit and Architectural Approval for construction of a new accessory structure at 8895 Sheridan Drive. James Callahan said the location is the south side of Sheridan Drive, east of Shimerville consisting of approximately 1.5 acres in the Restricted Business Zone. There are two existing residential units on the property and the applicant is proposing an accessory structure per the submitted design.
          Al Gozdalski said he proposes a 40' x 50' garage for his personal use. In the future he would like to add a garage on to the tenant's house. The proposed garage would be attached to the back of his house. He has been working very hard since purchasing this property to get it cleaned up.
          Supervisor Hallock said it has greatly improved recently. One issue that has come up is that if he plans to operate his business from this location, he would have to come back to the Town Board.
          Mr. Gozdalski said he may bring the business there in the future, but for the time being he is going to remain on Main Street.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Building Permit and Architectural Approval for construction of a new accessory structure at 8895 Sheridan Drive. Upon roll call - Ayes: All; Noes: None. Motion carried.

Ranchview, LLC requests Minor Subdivision Approval to create a new residential building lot at 10035 Clarence Center Road. James Callahan said the property is on the south side of Clarence Center Road, east of Kraus Road in the Agricultural Rural Residential Zone. The proposal is in conformance with the Zoning Law and the Subdivision Law.
          Joe Rubino was present.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed Minor Subdivision at 10035 Clarence Center Road. This Unlisted Action involves creation of a new residential building lot at 10035 Clarence Center Road. After a thorough review of the Environmental Assessment Short Form, it is determined that the proposed action is in conformance with our Zoning Law and Subdivision Law. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicant, Ranchview LLC to create a new residential building lot at 10035 Clarence Center Road, subject to Open Space and Recreation Fees.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Don Stiglmeier requests a variance to the Subdivision Law to allow Concept Approval for a One-Lot Open Development Area at 10505 Greiner Road. James Callahan said the location is the south side of Greiner, east of Hillcrest Drive consisting of approximately 1.8 acres in the Residential Single Family Zone. The applicant is seeking a variance from the Subdivision Law to allow for a reduced lot size. The Planning Board forwarded a recommendation with the condition of minimal clearing of trees with enforcement to make sure an adequate buffer is maintained.
          Michael Metzger, Engineer and Don Stiglmeier, the owner, were present. Mr. Metzger said Mr. Stiglmeier did send a letter out to all of the adjoining neighbors to see if any of them had an interest in purchasing the property and none of them did.
          Councilman Bylewski said he understands that Mr. Stiglmeier's daughter owned both parcels and did not split one from the other to create this nonconforming parcel. Mr. Metzger said that is correct. Their home was on one parcel and they also purchased the other. Councilman Bylewski said the purchase was made prior to adoption of the amended Subdivision Law and amended Zoning Law. Mr. Metzger said yes. It is not the intent to clear cut the site by any means.
          Councilman Casilio asked who would make sure that the buffer is maintained. James Callahan said the Building Department would follow up with the conditions when the Building Permit is issued. Michael Metzger said Open Development setbacks are more generous than others.
          Councilman Casilio asked if there were any complaints received and Mr. Callahan said no.
          Councilman Bylewski said given the extraordinary nature of this request, we do not normally approve one-lot open developments. If we grant the variance, we have to consider that substantial justice is done, the public interest is secured, and the variance would not have the affect of nullifying the intent and purpose of the adopted Master Plan or Subdivision Law. It does not appear that it would nullify the spirit and intent of the Master Plan, Zoning Law or Subdivision Law.
          Motion by Councilman Weiss, seconded by Councilman Casilio to grant the request for a variance to the Subdivision Law to allow Concept Approval for a One-Lot Open Development Area at 10505 Greiner Road subject to adequately maintaining the buffer by filing of a deed restriction for a 25 ft. buffer to be reviewed and approved by the Town Attorney, drainage approval by the Town Engineer, Open Space and Recreation Fees, location of a home as close to the site plan as possible, Development Plan Approval with final approval by the Town Engineer. On the question, Councilman Bylewski said he is not sure that we would have to require a deed restriction to guarantee buffering with the proper zoning in place. Councilman Casilio said he is concerned that it will get lost through the process and all the trees would be cut down. Councilman Kolber suggested a condition for a deed restriction of 25 ft. around the property. Mr. Metzger said that would be fine. Upon roll call - Ayes: All; Noes: None. Motion carried.

Regent Development Inc. requests Development Plan and Architectural Approval for construction of a 9,000 +/- sq. ft. medical office building at 6095 Transit Road. James Callahan said the location is the east side of Transit Road, south of Woodbridge Lane zoned Major Arterial. A Clearing Permit was authorized 2/28/07. Concept Approval was recommended by the Planning Board on 2/7/07.
          Phil Silvestri, Architect and David Huck of Regent Development were present. Mr. Silvestri said the building will be constructed with materials similar to their adjacent building.
          James Callahan said the site was inspected prior to and after the clearing. It was done in accordance with the approval.
          Supervisor Hallock said then we can release the surety. Mr. Bengart said yes.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request for Development Plan and Architectural Plan approval by the applicant, Regent Development Inc., for the construction of a 9,000 +/- sq. ft. medical/office building located at 6095 Transit Road subject to the following conditions: 1. Per final design as recommended by the Planning Board on March 7, 2007 that include: driveway width per Fire Advisory approval; sidewalk from building to existing sidewalk on Transit Road. 2. Per Town Engineer approvals of February 22 and March 2, 2007. 3. Limits of clearing to be controlled by phased Development Plan Approvals. 4. No new driveway cuts allowed on the property. 5. Per the Landscape Committee Approval. 6. Development Plan checklist as submitted. 7. Commercial Open Space fees. 8. Release of Surety placed for Clearing, Filling & Grading Permit. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock reopened the Public Hearing for Item 11 to consider the request for a Special Exception Use Permit for automotive sales at 6585 Transit Road.
          With no one speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Kolber to close the Public Hearing. 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 Little League Football - April 14 & 15, 2007; B. Harris Hill Men's Club - May 5, 2007; C. Clarence Class of 1982 - July 21, 2007; Legion Hall Applications - A. Amy Jackson - April 27, 2007; B. Maria Louisa Argentieri - May 6, 2007; C. Hanna Hossain - June 2, 2007; D. Nancy Miller - June 24, 2007; E. Thomas Mittner - July 15, 2007; F. Carolyn Cimato-Back - Oct. 27, 2007; G. Lucille Ess - Dec. 15, 2007; Pavilion Special Requests - A. Clarence Hollow Association - May 28, 2007; B. Clarence Chamber of Commerce - Aug. 6, 2007; C. Swormville Fire Company - Sept. 14 & 15, 2007. On the question, Councilman Bylewski said he is a member of Pavilion requests A and B, however, as stated before, it is ministerial and he will be voting. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of February 8, 2007 are approved for payment: General Fund - $98,638.50; Highway Fund - $65,714.52; Community Development Fund - $6,395.40; Water District - $35,351.46; Central Alarm - $33.23; Fire Districts - $463.57; Drainage District - $130.87; Sewer Districts - $7,324.79; Capital Fund - $4,275.55; and Trust and Agency 203 - $547.20 for a total amount of $218,875.09. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to deny the request for a Special Exception Use Permit for automotive sales at 6585 Transit Road (Item 11). On the question, Councilman Bylewski said if the applicant comes forward at a later date, he will be responsible for all notifications. Supervisor Hallock added that he should have proper visuals as previously requested. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:10 P.M.

Nancy C. Metzger
Town Clerk