03/23/05


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

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Members’ Ian McPherson, 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, Town Engineer Joseph Latona, Deputy Supervisor Anne Case and Director of Administrator of Finance Pam Smith.

Director of Community Development James Callahan

Public Hearings:

Lou Visone 9300 Main Street

The proposed site is located on the north side of Main Street, east of Thompson Road. Applicant is proposing to convert existing motel into 11 apartment units. There is adequate parking in the front of the building.

Calvin Caruso 6705 Transit Road

The proposed site is located on the east side of Transit Road, south of County Road. Applicant is requesting approval to develop a car wash on the property. Applicant is seeking approval without a Planning Board recommendation.

Formal Agenda items:

Vito Pace 485 Salt Road

Applicant is proposing to develop at 3-lot Open Development area. The proposed sited is located on 8.26 acres of vacant land in the Agriculture Zone on the east side of Salt Road, north of Greiner Road. The Planning Board has forwarded a recommendation with conditions.

Judy Turco 6000 Goodrich Road

The proposed site is located on the west side of Goodrich Road, north of Clarence Center Road. Applicant is proposing to occupy existing vacant space in the Eschelmann Building as a pastry shop. The existing space may be occupied as a commercial use but parking is a concern at that corner.

Work Session items:

Cliff Chadwell 9825 Main Street

The proposed site is located on the south side of Main Street, east of Gunville Road behind the existing Start Police barracks. Applicant is requesting approval to relocate an existing automotive repair facility (Sheridan Sales) to this existing storage/commercial structure located on 2.7 acres in the Commercial Zone. Per the Zoning Law, a Special Exception Use Permit will be required for an automotive repair facility.

Susan Martin 8584 Main Street

Applicant is requesting approval to convert an existing former doctors office into a tailor shop with office space in the front of the building. The structure is to remain the same however; it is a Change in Use. The proposed site is located on the north side of Main Street, east of Harris Hill Road in the Traditional Neighborhood District.

Cesar Banach 8500 Roll Road

Applicant is proposing to construct an addition to existing warehouse (septic system) and develop a 75 x 200 sq. ft. professional office building. The existing warehouse is home to a roofing company located on 6.13 acres in the Residential Zone. The property was zoned commercial under the former Zoning Law. Applicant had previously submitted a plan for housing. The proposed site is located on the northwest corner of the intersection of Roll Road and Harris Hill Road. Issues with this project include: conflicts with the new Zoning Law, the proposed site is located in a Flood Zone and there is an issue regarding sewer hookup.

New Hope Presbyterian Church 6969 Strickler Road

Applicant is proposing to add a 7,500 sq. ft. addition to the existing facility for an indoor recreational facility at the existing church campus located on 57+/- acres in the Agriculture Rural Residential Zone. The site is located on the east side of Strickler Road, north of County Road. The overall size of the structures will exceed 10,000 square feet. A Special Exception Use Permit will be required.

Tim Berndt 8185 Goodrich Road

Applicant is requesting a permit to demolish an old farmhouse to allow for construction of a new home. The existing house is located on the east side of Goodrich Road, opposite Sesh Road intersection on 3+/- acres in the Agriculture Flood Zone.

Supervisor Kathleen Hallock

Chief Donovan from the Erie County Sheriff’s Department has informed Supervisor Hallock that two eleven year olds have confessed to the vandalism on Hedgewood Drive. A representative from the Sheriff’s Department will give a report at tonight’s meeting.

Supervisor Hallock e-mailed everyone about an appointment to the Ethics Board tonight. All the applications being considered have been in circulation for some time. Ethics Board Chairman Steve Murtaugh is recommending the Town Board go forward with two actions he is requesting. The Town Board was in favor of going forward with the appointments.

Summit Federal Credit Union is requesting the use of the Town Hall auditorium on April 4th and/or 5th for employment interviews for their new facility. The Library only allows non-for-profits to use their facilities. It was the recommendation of the Town Attorney not to set a precedent.

Supervisor Hallock has a resolution in connection with Highway Work Permits and a Resolution regarding Autism Awareness Month.

Highway Superintendent Ted Donner and Supervisor Hallock will be meeting again with other Towns and Villages regarding Highway issues. Several representatives from the County have also been invited to the meeting.

The agenda for the May 4, 2005 morning Work Session will include representatives from YMCA at 9:15 A.M. Also scheduled will be Tom Malecki from Drescher & Malecki.

Bob Rogers from AMTEK was here March 11th to give “Reasonable Suspicion Training” to supervisors of employees holding Commercial Drivers’ Licenses.

The Nature Center improvements are proceeding nicely. Clarence Rotary has arranged for donations and the Parks Department is working on the bathroom facilities. There is another meeting scheduled for March 31st. The Nature Center application will have to be revised.

Senator Rath is sponsoring a $10,000 grant for Walk the Villages it pertains to Williamsville, Kenmore, Akron and Clarence. The program is a health initiative encouraging people to walk. They are requesting a banner across Main Street. Supervisor Hallock said the banner conforms to the NYS DOT specifications and she will proceed with the permit process. The Highway Department will install the banner across Main Street east of the Main Street Park.

There are two interviews scheduled tonight for Youth Center Director.

Applications for the Planning Board will be accepted until April 6, 2005.

Councilman Ian McPherson

Councilman McPherson has an amendment to the last Town Board meeting minutes regarding the Senior Van purchase.

American Legion Post #838 is requesting approval to parade down Main Street on Memorial Day.

Councilman Scott Bylewski

Councilman Bylewski has received the signed contract for Twin City Ambulance.

Councilman Bylewski has received the Consolidated Report on 2004 Local Land Use Law Violations.

The Municipal Review Committee has issued four recommendations on various projects.

The Planning Board is looking for a date to schedule a joint meeting with the Town Board. The May 12th date will not work out. Councilman Bylewski will work on another date.

As a result of the new Zoning Law, the Town has formalized a Community Character Protection Board. Right now any projects that come up in Clarence Hollow Traditional Neighborhood District we refer to the Hollow Association Architectural Review Board. Our law requires the Town Board make an appointment to the Community Character Protection Board. It was suggested we formalize the existing Hollow Association Board.
The Zoning Law indicates that a Community Character Protection Board shall be appointed by the Town Board to review all site plans submitted for approval within the Clarence Hollow Overlay Zone. Councilman Bylewski stated that we would need the names of the members on the Hollow Association Architectural Review Board so we can formally appoint its members. Councilman McPherson will bring this up at the next Clarence Hollow meeting.

Adelphia Cable has notified the Town that beginning March 21, 2005 they will be providing on-going maintenance to our cable system. To minimize television-viewing interruption to Town residents, maintenance will be done between 1:00 A.M. and 5:00 A.M.

Councilman Bylewski has a Resolution regarding the Trade Deficit and the difference and disparity we have been incurring with other nations. It calls upon the Federal Government to take appropriate measures to modify the Free Trade Policy so that it is more equal and fair regarding the international policy. Supervisor Hallock asked what the modifications are; Councilman Bylewski will provide more information at the next meeting.

Councilman Joseph Weiss

At the last Town Board meeting Councilman Weiss handed out a draft of a Local Law regarding private snow plow operators. We have received numerous complaints regarding private contractors plowing snow into the roadways etc. and both the present and past Highway Superintendent have said this is a problem and requested something be done. It was discussed that enforcement and policing is an issue. It was further suggested that an article be published in the local paper indicating the problems that have occurred and if issues cannot be resolved, it may be necessary that all private snowplow contractors doing business in the Town of Clarence be licensed.

Councilman McPherson suggested that any problems be directed to the people contracting with private snowplow operators.

Councilman Weiss said that the house at 5329 Green Valley is being demolished. Some of the bricks and the keystone over the windows have been saved. Councilman Weiss will check with Highway Superintendent Ted Donner to be sure the bricks have been moved from the site. Councilman Weiss will give an update on the Medicaid seminar given by Senator Mary Lou Rath.

Councilman Bernard Kolber

Councilman Kolber will appoint Anita Ballow to the Library Board, her term will expire 12/31/2009.

The Department of Motor Vehicles is still operating their satellite office in the Clarence Public Library until further notice every Friday from 10:00 A.M. until 3:00 P.M.

Town Attorney Steven Bengart

Supervisor Hallock has received several inquires regarding “Take your child to work day.” Town Attorney Bengart will issue a memo indicating several stipulations such as no traveling with your child in a town owned vehicle, no use of heavy machinery etc.

Sprint has sent an agreement they would like the Town to sign. They would like to sublease their site that we have a lease with them for a tower to Global Signal. Town Engineer Latona stated that we have satellite dishes on that tower and we have had difficulties with Sprint in the past relative to adjusting dishes and radio receivers. Mr. Latona further stated that we need to notify Sprint that they need Town Board approval before they can sublet it to someone. Town Attorney Bengart will draw up an approval with a clause addressing the Town’s concerns.

Deputy Town Attorney David Donohue will discuss the Certificate of Incorporation for the Youth Center at the April 7, 2005 morning Work Session.

A Public Hearing will be held this evening regarding the formation of a garbage district. Nathan Neal will run the Public Hearing. There are only two towns in Erie County that do not have a garbage district - Clarence and Hamburg. Hamburg had a public hearing approximately two weeks ago and they will now be forming a garbage district.
Several concerns that were brought up were the limit of garbage cans/bags that can be put out. All property owners would be charged.

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

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

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:20 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

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

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:30 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.


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

Supervisor Kathleen Hallock called the meeting to order at 7:32 P.M. Councilman Bernard Kolber 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, Deputy Supervisor Anne Case, Assessor David Folger, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Sr. Detective Charles Tirone of the Erie County Sheriff’s Department said on Sunday, March 20, 2005, they began to receive complaints of automobiles vandalized in driveways. There were approximately 21 calls of tires being slashed, automobile damage, and damage to new built homes in the Hedgewood, Ericson, Vernon Circle, Arondale Drive area. Leads were developed late Monday evening and after conference with an attorney, a family came forward with their 11 yr. old child. By the end of this week, an 11 and 12 yr. old will be charged with the appropriate charges in Family Court. Detective Tirone said the State Police also had numerous reports that they have turned over.
Supervisor Hallock thanked Detective Tirone for the report and the fine work his department does for our residents.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held March 2, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held March 9, 2005 as received. On the question, Councilman McPherson said he had an addition to page 85 in regard to the purchase of the Senior Center Van. Two of the reasons for selecting Gorman Enterprises, which was not the low bidder, but the low responsible bidder, were that the Gorman unit is 3 inches shorter to fit under the overhang; and two, Gorman is in Elma and the other company is in Chittenango. It would be much easier for maintenance purposes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint the following individuals to the Ethics Committee: Faith O’Neill Badhorn with term to expire 12/31/08; Joseph Thoman with term to expire 12/31/08; and Hans Mobius with term to expire 12/31/05. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt a proclamation designating the month of April as “Autism Awareness Month” in the Town of Clarence, and recognizing the dedication of Autistic Services, Inc.’s staff and professionals and their commitment to promote public awareness of the programs available to individuals with Autism. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution, subject to review by the Town Attorney:
“Undertaking the Town of Clarence in Connection with Highway Work Permits issued by the New York State Department of Transportation”
WHEREAS, the Town of Clarence from time to time receives permits from the Department of Transportation of the State of New York (hereinafter referred to as the “Department”) allowing the Town of Clarence to temporarily obstruct, install, construct, maintain, operate or replace any facilities within the bounds of a State highway right-of-way pursuant to Sections 52, 103,203, 249 and/or 250 of the Highway Law; and
WHEREAS, the Department requires that the municipality file an undertaking to secure the Town of Clarence’s faithful performance within the terms of any such permit and also to indemnify the State of New York (hereinafter referred to as the “State”) and others with respect to all operations under such permits by the Town of Clarence.
NOW THEREFORE, the Town of Clarence hereby undertakes, to and with the State and the Department, that:

  1. The Town of Clarence will well, truly and faithfully comply with and perform all the terms and conditions of each such permit on its part to be kept and performed, and abide by and comply with all such conditions, rules and regulations as may be, from time to time, promulgated by the Commissioner of Transportation of the State of New York (hereinafter referred to as the “Commissioner”), according to the true intent and meaning of such permits, rules and regulations.
  2. The Town of Clarence will, at its own expense, promptly complete the work allowed under each permit and within a reasonable time restore State property damaged by its work to substantially the same or equivalent condition as existed before such work was begun; and in the event that the Town of Clarence fails to so restore damaged State property within what the Commissioner deem to be a reasonable time, the Commissioner, after giving written notice to the Municipality, may restore the property to substantially the same or equivalent condition as existed before the Municipality began the work and require the municipality to reimburse the State for any and all costs incurred by the State in such restoration;
  3. The Town of Clarence will indemnify, hold harmless and defend and protect the State of New York, the Commissioner and the Department, their officials, officers, agents and employees against and pay any and all amounts, damages and costs and judgments which may or shall be recovered against said State, or its officers, or agents, or which such State may be called upon to pay to any person or corporation by reason of damages arising or growing out of operations pursuant to said permits or the manner of doing the same, or the neglect of said Town of Clarence, or its agents or servants, or the improper performance pursuant to the conditions of said permits by the Municipality, its agents or servants.
  4. The Town of Clarence will pay any and all damages, costs, including but not limited to attorney’s fees, and judgments recovered against the State, in connection with work allowed by a permit or from use of a permit by the Town of Clarence or by any person acting by, through or for the Town of Clarence, including omission and supervisory acts of any of the entities or persons named above;
  5. It is understood that this undertaking is one of indemnity only and is not to be construed as imposing on the Town of Clarence an obligation to pay claims for which there would not otherwise be a remedy in law against the State of New York.
  6. Any payments required by the foregoing will be guaranteed by the full faith and credit of the Town of Clarence, or its districts, as applicable, and will be paid out of current budgeted funds, or if insufficient, from its liability and casualty reserve fund or from the proceeds of bonds which current laws permit the Town of Clarence, to issue to pay claims against it.

IN WITNESS THEREOF, the Town of Clarence has caused this instrument to be signed by the Town Supervisor authorized by resolution of its Town Board, a copy of which is annexed hereto.
On the question, Councilman Bylewski asked the Town Attorney if he was comfortable with the language of this resolution, in particular, the requirements that the DOT is imposing on the Town? Town Attorney Steven Bengart said he did not have enough time to review it. He would be more comfortable if it was approved subject to his review.
Supervisor Hallock said this actually replaces a form that has been on file for years and the State changed it.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the Town Supervisor and Village Mayors are meeting again tomorrow with Highway Superintendents regarding the County budget crisis. The County Executive, the Legislative Majority and Minority Leaders, the Acting Commissioner of Public Works, Erie County Personnel Commissioner and the Chairman of the Erie County Legislature have been asked to attend the meeting.

Supervisor Hallock reminded everyone that there will be a Public Input Meeting on Monday, April 11, 2005 at 6:30 P.M. in the Town Hall auditorium for the Parks and Recreation Master Plan. There will be maps displayed for review, a presentation and opportunity for the public to speak. All comments will be considered for the final document.

Motion by Councilman McPherson, seconded by Councilman Kolber to grant permission to the American Legion Post 838 to host their annual Memorial Day Parade on May 31, 2005 along Main Street beginning at the Clarence High School at 11:00 A.M. proceeding to the Clarence Town Park, 10405 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Consolidation Report on 2004 Local Land Use Law Violations from the Planning Department. Violations included the following: 46 – Abandoned Vehicle Law Violations; 46 – Sign Law Violations; 23 – Zoning Law Illegal Use Violations; 22 – Solid Waste Ordinance Violations; 5 – Clearing, Filling and Grading Law Violations; and 32 – Others (includes property maintenance, parking, fences, noise, etc.) for a total of 174 cases. All cases are closed and of the total, 19 involved local court action.
There are 24 open cases that are in some stage of investigation or enforcement: 4 – Abandoned Vehicle Law Violations; 11 – Sign Law Violations; 6 – Zoning Law Illegal Use Violations; 2 – Solid Waste Ordinance Violations; 1 – Clearing, Filling and Grading Ordinance Violations. Three cases involve local court action.
Motion by Councilman McPherson, seconded by Councilman Kolber to correct the previous motion regarding the date of the Annual Memorial Day Parade as May 30, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski deferred to James Callahan for the 23rd update on the action items while we are under the moratorium.
James Callahan stated the following:
Zoning Law Update – has been adopted and will be used to review all projects.
Subdivision Law – Planning & Zoning Department has completed Draft 3. Planning Board will hold a public hearing on Draft 3 on April 6, 2005 at 7:30 P.M.
Adequate Public Facilities Law – Consultants will have a draft of the law submitted in mid-April.
Parks & Recreation Master Plan – Consultants will present at a public hearing on April 11, 2005 at 6:30 P.M. to determine long-term recreation goals for the community.
Landscape Law and Tree Law – Planning & Zoning Department continues work on a draft.

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 home demolition at 7980 Northfield Road. This Type I Action involves the demolition of a single-family home built prior to 1950. After thorough review of the submitted Environmental Assessment Form by the MRC and the Town Board, it is determined that the proposed action 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 adoption of the proposed amendments to the Town of Clarence Subdivision Local Law. This Type I Action involves the adoption of a comprehensive update to the Town of Clarence Subdivision Regulations. After thorough review of the proposed amendments and the Environmental Assessment Form, by the MRC, Planning Board and Town Board, including coordinated review among involved agencies, it is determined that the proposed action is consistent with the adopted Comprehensive 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, the Town Board seeks Lead Agency and will commence a coordinated review of the involved agencies on the proposed DeRose Open Development Area located at 5131 Kraus Road. This Unlisted Action involves the development of a 4-Lot Open Development Area as an extension of an existing private drive in the Residential Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Rails to Trails completion of the Peanut Line Recreational Trail. The Planning and Zoning Department and the Engineering Department have reviewed the prepared Plans and the Environmental Assessment Form on the proposed Rails to Rails completion of the Peanut Line Recreational Trail. This Unlisted Action involves the completion of the Peanut Line Recreation Trail as designed. This action is consistent with the adopted comprehensive Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received a letter from Adelphia, dated March 17, 2005, stating that beginning March 21, 2005 they will be providing ongoing maintenance to the cable system. To minimize television-viewing interruption, any non-emergency maintenance will be done between the hours of 1:00 A.M. and 5:00 A.M. Homes impacted by the work will be notified during the day by Adelphia representatives knocking door to door. They will place a door hanger on the homes with no answer. All workers will be properly identified as Adelphia employees or contractors of Adelphia Cable.

Councilman Weiss said he attended Senator Mary Lou Rath’s meeting regarding the Medicaid problem. There are some good people working on the issue, but it appears that we are facing serious opposition downstate. Everything revolves around need and greed. They addressed the need, but not the greed. He believes that they need to look at the hospitals, clinics and physicians who use the system more for their own benefit than they should. He also hopes that people contact their legislators about this serious problem.

Councilman Weiss said that he and the Supervisor have met with Joe Meacham, the head of our Security Department and he will be making a presentation to the Town Board regarding a higher standard of training for some of our security people. They will also be more involved with the State Police and the Sheriff’s Department.

Councilman Weiss said they are inviting more organizations to become involved with “Day In the Park”. We need to invigorate more people to be involved. A meeting is set for tomorrow morning at 7:30 A. M. If anyone is interested, they should give him a call.
Councilman Weiss challenged the fire companies to a tug-of-war event at “Day In the Park.” He is putting a 6-women team together and will supply the trophy that will be awarded every year for the challenge.

Motion by Councilman Kolber, seconded by Councilman Bylewski that upon recommendation by the Library Board, Anita Ballow is appointed as a member to the Clarence Library Board with a term to expire 12/31/09. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said the Dept. of Motor Vehicles is still open at the Library on Fridays from 10:00 A.M. to 3:00 P.M. We do not know for how long that will be.

Supervisor Hallock also suggested that if people write to their legislators regarding Medicaid, they also include Gov. Pataki, Sheldon Silver and Joseph Bruno, the three men in a room at the State level.

Supervisor Hallock moved to item 11, the Public Hearing to consider the Refuse and Garbage District. She asked everyone to limit his or her comments to three minutes. Attorney Nathan Neill was hired by the Town to help with the formation of the District.
Nathan Neill said he has done several of these districts and is now working with the Town of Hamburg. The Town of Clarence currently has three collectors. Residents are paying anywhere from $148 to $273. Clarence is one of the last towns to create a district for garbage collection. Newstead is paying $143 per year on their tax bill, Blasdell - $126, Eden - $125, Orchard Park - $120 and Boston - $120.
Mr. Neill said the benefits of forming a district include only one truck going down the street; improved Highway Department paving schedules, only one day of trash out on a particular street and a lower rate. One large item could be put out each week. A district will also be able to provide other services such as a tire drop off, electronics or other type of collection on a town-wide basis.
The proposal is to be able to start service in 2006. The charge would be added to the tax bills. Clarence consists of approximately 9,323 dwelling units. We are not initially proposing to plug in other than the one, two and three family units. It will not include the mobile home parks at this time. The proposal is for a limit of four garbage cans per residential unit and unlimited recyclable items per week. He believes eight bags would be the equivalent to four cans. The estimate is $150 per residential unit. It appears from other towns that the rates could be less than that. The unserviced properties would be charged $5 per year to help with town wide functions such as computer, tire, or other type pick-ups. All of the required information to the residents would be supplied by the vendor before they start, such as what day, how to package garbage, what they accept for recycling and a phone number to call.
Councilman Kolber said this all started about a year ago as a request by Ron Witnauer, the former Highway Superintendent, for the Town to look at a single provider. Whenever he had to pave a road, three companies would have to be notified to work out the schedule. He also felt that the truck traffic was damaging the residential roads.
Councilman Kolber said the Solid Waste Committee has been looking at this for many years for the main purpose of reducing the cost. The biggest complaint that was heard at the resident’s forum held last year was about garbage. It appears that we are paying more for garbage pick up than any other community, except for those who are municipally operated. We just want to increase the buying power for the Town to get better pricing. What is being proposed does not mean setting up a department or creating any new jobs. Hamburg was the only other Town that did not have this, but is in the process of going out to bid. If we do not form the district, we cannot go out to bid, but if we do form it and decide that we do not like the bids, we do not have to do anything.
Nathan Neill said the district would have to be formed by May 1st in order to get on the tax roll for next year.
Councilman Kolber said they believe that the majority of the residents will save money. Seniors are already getting a reduced rate and may not see as much of a savings.
Councilman Weiss said you would pay the reduced rate for the term of the contract.
Nathan Neill said you go out to bid and propose what you want to have. He believes the best price would be by having one vendor. The charge would be a unit charge. You can go out for up to a five-year contract. In order to get a good contract, it would have to be about a three-year contract. The vendor may have expenses such as purchase of more trucks.
Councilman Bylewski said many have questioned what do we do if the vendor does not live up to the contract. Nathan Neill said that would be negotiated with the contract. There are only four vendors in the area and he has not seen many problems. During the first few months there are issues to be worked out, but then it is rather smooth.
Councilman Weiss said we are not the pioneers in this. Most of these problems have probably been worked out in other towns.
Supervisor Hallock asked people to limit their comments to three minutes and try to offer different comments from previous speakers to allow everyone the chance to express their comments.
Speaking to the subject:
Ron Andrews, 5120 Old Goodrich Rd. said he does not mind the garbage trucks going down the street. He likes the idea of the savings, as long as it does not become attached to his new assessment. He represents someone he helps in the Town, that because of the small amount of garbage pays $138.72 per year. This person agrees to pay once per year. Mr. Andrews called his vendor and asked if there are a lot of people who have taken out 1 to 3 year contracts with them. What will happen in that case?
Town Attorney Steven Bengart said that has come up and we intend on dealing with it in the negotiations. If it cannot be worked out, we would look at reducing their rate on an individual basis.

Joel James, 4995 Alexander Dr. thanked the Town for the postcard letting everyone know about this issue. He said the lowest price is not always the best value. His vendor picks up all the garbage he puts out and to him that is a great value. The principal of private free market enterprise is very important. Private competition is also a good thing and he gets to decide. The cost would be controlled by the government and we do not always know how that will go. This should be very carefully considered. The water bills have gone up considerably in the last three years, which is controlled by the government and he does not have any control. Businesses will still have to be picked up, so the ideas of other trucks and refuse out on different days will still exist. He does not feel that some of the issues are properly clarified at this time. The $5 charge to those who do not fit in constitutes an increase in their taxes.

Ruth Schultz, representing Rock Oak Homeowners Association said they have over 300 mobile homes in their park. They pay $100 per year because of the closeness of their properties. They pay their taxes through their rent. Supervisor Hallock said the plan is not to include the mobile home parks. Mrs. Schultz said they are happy with what they have.

Zen Deputat, 4877 Kraus Rd. said he is happy with his vendor. His road is an extension of Kraus Road of approximately 1,200 ft. and do not have any road services. They are concerned as to whether or not the vendor would come down their street or would they have to haul their garbage to the end. Right now the vendor does come down to each home.

Bill Eberhard, 9000 Hillview Dr. asked if the Town will require a performance bond? Supervisor Hallock said yes. Mr. Eberhard said he spoke with PSI Disposal and he will not be able to afford a performance bond, which would eliminate him from the competition. He likes the freedom of choice. He knows that everyone on his street can take their garbage to work with them and do not have to drag cans out to the street. He appreciates that the Town is trying to save him money, but he would like to have the right not to have to have garbage pick up.

A resident of Hillview Dr. said he likes the freedom of choice. Government takes over one thing and then another and another. He does not pay for garbage pickup, because they take it to work.

David Sommer, 5308 Mayfield Ct. said he does not use the service. He puts it in the dumpster at his shop. He feels the way the assessment has gone up around here is ridiculous. He asks that the people who do not pay anything for this service also be considered.

Peter Jackson, 7039 Salt Rd. said he is opposed to the garbage district because it is going to be a tax. He owns several properties, which will not use the service. He suggests that the Town negotiate the rates for the Town like the cable company, but the residents pay the bill. There a lot of people who are snowbirds and leave Town for 4 to 5 months and they discontinue service while away.

Councilman Bylewski said the Town cannot negotiate the cable rates. It is done at the Public Service level. The franchise agreement with Adelphia is non-exclusive, so any other company can come in.

Ken Arno, 10205 Lapp Rd. asked if the Town was going to add any new jobs? Councilman Kolber said no. Mr. Arno asked who you would go to with complaints. Supervisor Hallock said she receives a lot of complaints now, and would assume that would continue with a startup of a new program. Mr. Arno asked about the $5 charge. Town Attorney Bengart said it is not an opt out. Mr. Arno said then he wants the Town to keep their hands off his garbage.

Paul Schwabel, Willow Lake Ct. said he goes away for the summer and cancels his service. He does not see that option here.

Someswar Kasibhatla, 4129 Oakwood Dr. said they are happy with their current vendor. His recent bill was $159. He sees that as the last Town, we would be last in the pricing structure also. He would like to have the choice. Councilman Kolber said in checking with the vendors, we did not come across that low of a rate. Mr. Kasibhatla said he has a 2-year contract.

Ted Donner, Supt. of Highways said he is well aware of the excessive garbage truck traffic on our roads in our subdivisions. They cause premature wear on the storm sewer receivers and to our roads. They hinder road maintenance during the short summer. He is in favor of the proposed garbage district. Councilman Weiss asked what the cost would be. Mr. Donner said it is difficult to place a dollar amount, but as an example, he has a 5 to 6 person, full time storm sewer receiver rebuilding crew. They can show the failure of the receivers because of the heavy truck traffic.

Ralph Fink, Candlewood La. asked why our garbage costs are so high to begin with. We should see if other communities had the same issues and questions and how they addressed them. He likes his current vendor and he feels they have done a good job in his area. Consideration should be given to those who do not use the service year-round. He believes there are a lot of answers needed before this is done.

Barbara Weaver, 5326 Park Ledge Ct. said that she and her son pay over $800 per year for garbage pickup at their business. They also put their household garbage there. This proposal means they would be charged an additional $5 at their business and then $150 on each of their homes. She is more for negotiating a fee, but allowing everyone to pay their own bill according to their own needs.

Pete Barden representing Waste Management said this is not a complicated situation. It is a question of choice versus price. There are probably 20 or more price scenarios just from his company. There is nothing wrong with being the only town not going to a district. He does not see any contract with all of the different price scenarios because it would be too difficult to manage. If he had his choice, he would keep it with private subscription.

Allene Falk said she has long been chagrinned that there are trash cans on her street three days a week. As a resident concerned about energy conservation, she is in favor of cutting the number of trucks driving and idling on streets by 2/3. Not to mention, the wear and tear on the streets. As a penny pincher, it makes sense for the Town to strike a better deal than the homeowners can individually. It seems it would be attractive to the contractors. She hopes it can be worked out for the benefit of all of us.

Ryan King, 6236 Balsam Fir Ct. said he likes his service now. He knows people who have gotten together in their neighborhoods and reduced the rate by having multiple pickups in the area. He does not see why the Town would have to be involved. He asked if the residents would be able to vote on this or is it up to the Town Board to decide for us? He feels the residents should be able to vote.

Gary Blessing, Harris Hill Rd. asked if the Town negotiates a rate, will there be an additional rate for the Town to process the bills? Supervisor Hallock said there will not be any bills processed, it will be a unit charge on the tax bill. Mr. Blessing asked if there will a ceiling on how much can be charged? Supervisor Hallock said it was mentioned that there would be a ceiling on the CPI built into the contract.

Tony Sojka, 7705 Goodrich Rd. said he has a mechanical lift for his garbage cans and asked that this be considered when going out for bids.

Mike Metzger, 4090 Clardon Dr. commended the Board on this action. One of his functions as a town engineer in Alden was to bid out the contract. They have been doing it for many years and it works quite well. He is concerned about assessing the tax to those who own property without residences on them. He is concerned about the rising gas prices and thinks the Town needs to be sure that the price will be at the $150. Alden came in last year at just over $140. Mr. Metzger urges the Town to consider allowing small businesses to participate with possibly a two-unit charge. A lot of people here tonight are not in favor and he asked the Town Board to explain the concepts of petitioning for a permissive referendum.
Councilman McPherson asked how Alden handles non-effected properties? Mike Metzger said they are not charged anything. Nathan Neill said they have to be charged something as part of a district.
Councilman Bylewski asked how they determine the small businesses as two units. Mr. Metzger said it is based on the size and volumes. He can get some information regarding that. It is less for them than to contract for a small dumpster. He asked that the Board also look at the numbers to make sure we are not harming our senior citizens.

Kathleen Montalvo, 5165 Fox Trace said there has not been enough discussion on how this district is set up if we only have until May 1st. How will the residents be informed? Will they be able to vote on the district?

Gerald Youngs, 5100 Brookfield La. said the average citizen pays around $270 per year. Senior citizens pay about $126 per year or less. This new program will be borne by the senior citizen for everybody else. It is totally unfair. The seniors will pay more and everyone else will pay less. Supervisor Hallock said they would like to see some more recent bills from residents.

Tom Brem, 5315 Shadyside Dr. said he is opposed to this because of the flexibility he has with his vendor. He is uncomfortable with anyone else managing it for him. He wants the right to negotiate the cost himself. We do not need more government helping us. The fact that we are the only town without it is a good thing.

Councilman Kolber said we have also received several calls and letters regarding the subject. He would say there is probably more people opposed to it, perhaps even 2 to 1.
Supervisor Hallock said the reason we are pursuing this is that we have been asked to. It was an opportunity to save money for the people.

Nathan Neill said if the Town goes forward to adopt a resolution, the resolution is subject to a referendum. That means that the people can do a petition with signatures of 5% of the property owners within 30 days to force the Town to have a vote. Supervisor Hallock asked if the Town Board could just have it on the ballot in November? Nathan Neill said the resolution would have to be done at a later date to be within the proper timeframe.
Councilman Kolber said we cannot look at the options without forming the district. Nathan Neill said the real competition is getting the vendors to bid on the contracts. They are much more likely to reflect that in a contract, than from individuals. Councilman Weiss said if we did not like the bids, we do not have to do anything.
Councilman Kolber said he would be happy to let the people vote for what they want. Councilman Weiss said there were a lot of good points brought up tonight. Councilman McPherson said there are pros and cons to forming a district or not forming a district. To sum this up, if the district is formed in order to put out the bids to determine the benefit, and there is enough for the people to go for it, we can still put it on the November ballot in the form of a referendum. Or, we can encourage the residents, if they want to vote on it, to fill out a petition.
Nathan Neill said if the Board decides they want to put it up for a vote, the best thing to do is put it to a vote in November. It will be too late for next year, but could start in 2007. Supervisor Hallock asked if they should form the district so that they can go out to bid for an idea of the costs? Mr. Neill said if the district is formed and the residents submitted a petition for a permissive referendum, it would require a vote.
Councilman McPherson said without taking the steps to form the district, no one will know if there are intrinsic benefits. He thinks the public would be more comfortable knowing that they will be voting on it in November to allow the Town to go forward to form the district and then get the bids in. Nathan Neill said if you form a district and then they file a petition, you couldn’t form the district until they vote in a permissive referendum. Councilman McPherson said if they know they will vote in November, then there is no reason to have a permissive referendum to stop the formation of the district. It is in the best interest of everyone to form the district so that we all can know what the numbers are. Councilman Weiss added that it would allow us to also find out answers to all of the other questions such as no domicile on a property.
Nathan Neill said the way you form a district is through a mandatory or permission referendum. Councilman McPherson said a permissive referendum would block formation of the district, but if we can guarantee that they will vote in November, it removes the need on the part of the opponents to block it. Nathan Neill said we cannot circumvent that. The resolution for tonight is to form the district subject to a permissive referendum.
Town Attorney Steven Bengart said if we form the district tonight and the permissive period passes, we have a district. Nathan Neill said his recommendation is that if you think you want to have a vote on it, hold off until the right time for a mandatory referendum. Councilman McPherson asked if it could be worded so that the people could vote on it in November? Nathan Neill said no, you wait for the proper time to hold a mandatory referendum and then form the district.
Councilman Bylewski said the purpose of the public hearing is to get the public’s input. He asked if there is no district, could the Town negotiate a rate? Nathan Neill said towns have done garbage collection without districts before. The problem is there is no mechanism to enforce payment. It would not be on the tax roll.
Councilman McPherson said if you passed a resolution subject to a mandatory referendum in November to form the district, you would not be able to go out for bids until after the election. Nathan Neill said you could probably get bids, but you could not award it until after the vote. The problem is to get it on the tax roll to have a way of collecting. Hamburg held a public hearing on March 14th to form the district. On Monday they sent out bids to all the vendors. If the bids are good, they will go ahead and form the district. Town Attorney Bengart said the difference is they had a greater period of time. Councilman McPherson said we do not know what the numbers are and people need to know what the service will do for them before making a decision.
Nathan Neill said the Board could not take action and then go out for bids and see what they want to do then. Town Attorney Bengart said realistically it would not happen this year, so we may have to wait until next year. Nathan Neill said he recommends deferring action until the time period fits for the November election.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Kolber said if anyone has recent bills that are lower than what the Board has been told, please forward them. Councilman Weiss added that bills that have any special nuances be forwarded also.

A Public Hearing was held to consider the request for a Special Exception Use Permit for conversion of an existing motel into rental units at 9300 Main Street. James Callahan said the property is located on the north side of Main Street, east of Thompson Road consisting of approximately 2.7 acres in the Commercial Zone. The Master Plan identifies this area in a Commercial classification. Multiple-family units are allowed with a Special Exception Use Permit.
Lou Visone, 4478 Darcy Lane said it has been rented as efficiency units for several years. He plans to add a separate bedroom from the one room motel. The dormers and the roofline will be consistent with the center portion. Councilman Bylewski said he assumes that the units will be brought up to code for apartment units.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. On the question, Councilman Kolber said the applicant’s property adjoins property that he owns and on the advice of the Town Attorney he will recuse. Upon roll call - Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
Resolved, that after a public hearing duly held on March 23, 2005 and after all interested parties being heard, the Clarence Town Board approves and grants to the applicant, Lou Visone, a Special Exception Use Permit for conversion of an existing motel, located at 9300 Main Street,
into rental units with the following conditions: 1. A formal landscape plan shall be submitted and approved by the Landscape Committee. 2. Action is subject to obtaining a building permit, including approval by the Building and Engineering Departments. 3. Subject to open space fees.
Upon roll call - Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

A Public Hearing was held to consider the request for Concept Plan Approval and a Special Exception Use Permit for development of a car wash facility at 6705 Transit Road. James Callahan said the location is on the east side of Transit Road, south of County Road consisting of approximately 3.3 acres zoned Major Arterial on the frontage. The Master Plan identifies this area in a Major Arterial classification.
Jeff Palumbo was present representing Calvin Caruso for the proposed Bubble Boy Car Wash. There is a one-story single-family home currently on the site with a detached garage and shed. The shed will be removed. The depth of the Major Arterial Zone is 700 ft. and the amount of land being occupied is 500 ft. They are proposing a 4,600 sq. ft. tunnel car wash including an office, break room and waiting room. There is parking for 8 vehicles and stacking room for 50 vehicles. As a comparison, Delta Sonic has 32 stacking spaces. This is strictly a car wash facility and no gas pumps or service. There will be 79% greenspace on the site.
Mr. Palumbo referred to the Zoning Law regarding a car wash facility, which is allowed in a Major Arterial Zone. They believe they have met the mitigating requirements as listed in the law. They meet the terms of the old ordinance and the new ordinance. Mr. Palumbo said the Department of Transportation (DOT) has indicated, by letter, that the project is not likely to have a significant impact on the highway. The Traffic Safety Committee has approved the location of the driveway to the north of the site. There was discussion of limiting the egress to right-hand turns only. That was not a condition by the DOT. Mr. Palumbo said they do not believe that is necessary.
Councilman Bylewski said the problem he is having is that the single-family residence is not a permitted use in the Zoning Law. A non-conforming use cannot be altered or the structure changed. How could this layout comply with the new Zoning Law?
Mr. Palumbo said he does not believe there is an impact in terms of development plan approval for the car wash. Councilman Bylewski said you are changing the use of the lot to a mixed use of single family residential and a car wash. Mr. Palumbo said the car wash is an allowed use. Councilman Bylewski asked if it is necessary to have the single-family residence as part of the site plan? Mr. Palumbo said the use they are expanding to is allowed. The use of the building may be for an onsite manager, a Caruso family member may be in there or it may be rented out. They have not made a final decision on that.
Speaking to the subject:
Dr. Edward Fine, 8415 Avonside Ct. asked if there are any environmental impacts of the discharge of soapy water, gravel and salt on the sewer district. He would like to see this tabled until we know what is going to be dumped into the sewer system.
James Callahan said there was a Negative Declaration issued on the project. He does not recall the specific items. There was information in the Environmental Assessment Form related to the amount of impact on the storm sewer. Councilman Kolber said runoff from the parking lot would go into the storm sewer, but any car wash materials would be regulated by the DEC.
Supervisor Hallock asked if there was any action from the Planning Board. James Callahan said the Planning Board failed to make a recommendation due to a split vote.
Dr. Fine felt there was a need to table the item. Jeff Palumbo said there is a catch basin that separates the storm water and the effluents. It is all controlled by the DEC and the Town Engineer will look at the ultimate drainage plan. They have not yet done the final engineering plan.
Councilman Bylewski asked what the distance is from the residence and the driveway coming in or the driveway in back? Mr. Palumbo said the setback to the north is approximately 15 ft. and about 40 ft. to the rear. Councilman Bylewski said according to the Zoning Law, we are to have a 45 ft. buffer between residential use and commercial use. Mr. Palumbo said he does not think that is a problem, but they could move the facility back further.
Councilman Kolber said he likes the layout design.
Councilman Weiss asked what the concerns of the Planning Board were? James Callahan said they wanted the curb cuts down to one, and appropriate screening for the neighbors.
John McNamara, 8269 Clarherst Dr. asked how do they intend to heat the water? If they use generators, there is a noise and exhaust. John, from Western New York Car Wash Systems said it will be all natural gas. There will be no generators or diesel fumes.
Mrs. Goujon, 5879 Forest Creek Dr. said she would like to see a car wash at this location. It would be close by and an asset to the corner.
Chris Picone, 8680 Main St. supports the car wash. He feels it would be beneficial to the community and offer employment to local school kids.
Rick Telfair, 9492 Boxwood Dr. said it is good for the area and will offer an option for another car wash.
Michael Rizzo, 9313 Pinyon Ct. said he supports the car wash. It will bring added taxes to the town with minimal impact on residential housing values in the area. This area is in need of a nice alternative.
Roseanne Driscoll,10990 Howe Rd. said as a business owner, it brings more business into the area. Mr. Caruso is a local business owner and resident of Clarence. As a director of the Chamber of Commerce, they are proponents of small business. We need to support our local people.
August Pierre, 8090 Roseville La. said the line at Delta Sonic backs up to the Sheridan Dr. overpass. This would elevate some traffic in that area. Mr. Caruso is a good businessman in the area and he supports this new project.
Tom Bren, 5315 Shadyside Dr. said it is a very appealing design and will take some of the burden off the Delta Sonic area. We should support the local businesses.
Councilman Kolber asked if there is a way to eliminate the second curb cut and have the driveway service the whole site? Jeff Palumbo said that was recommended by the Planning Board and they do not have a problem with that.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski said the Planning Board referred to the Dept. of Transportation regulation regarding spacing from ramps, accelerating lanes and transitions. It mentions that in general, permits will not be issued along acceleration or deceleration lanes. Jeff Palumbo said the DOT had no problem with the driveway in the area of the taper lane.
Councilman Bylewski said his concern is the expansion of the non-conforming use.
Councilman McPherson said he sees no sense to passing an ordinance that creates a non-acceptable use and then penalizes someone for leaving a building that is already up.
Motion by Councilman McPherson, seconded by Councilman Kolber to grant Concept Plan Approval and a Special Exception Use Permit for development of a car wash facility at 6705 Transit Road. On the question, Councilman Bylewski said that while he is in favor of the car wash, he has a problem, by law, of the single-family residence being there.
Councilman Weiss said he would like to hear from the head of the Planning Board to see if the narrative here tonight had any sway on the view of the Executive Committee at that time. Planning Board Chairperson Pat Powers said the project was voted on twice and each time the vote was the same at 4 to 3. The concerns were two curb cuts with 122 ft. of frontage. There is plenty of room in the back, but Mr. Caruso wanted to maintain the residence on the site. They had a safety concern and suggested flipping the project. The DOT came back and said they liked it the way it was. While they were reviewing the plan, it was under the previous Zoning Ordinance. Mrs. Powers said she believes everyone was supportive of the business. She must stand by the vote that was taken at that time.
Councilman Kolber said he thinks the house softens the project and he cannot see tearing down a perfectly good building.
Councilman Weiss asked Mrs. Powers what her view of the project is today? Town Attorney Steven Bengart said he did not think that was an appropriate question. Mrs. Powers said the primary concern was two curb cuts with 122 ft. of frontage. Councilman Kolber said they said they would eliminate one curb cut tonight.
Councilman McPherson asked if the Planning Board recommended eliminating one curb cut, why did it still create a no vote. Mrs. Powers said she cannot explain that. They also came back with stacking for 50 cars and the vote was still the same.
Councilman Bylewski asked if something were a non-conforming use, what would be the appropriate Board to consider the alteration of a non-conforming use? James Callahan said the law stipulates the Zoning Board of Appeals.
Town Attorney Bengart asked if this motion is for one curb cut? It is one curb cut.
Upon roll call – Ayes: Councilmembers Kolber, McPherson and Supervisor Hallock; Noes: Councilmembers Weiss and Bylewski. Motion failed. (Special Exception Use requires a super majority vote in favor.)

Vito Pace requests Development Plan Approval for development of a 3-lot Open Development Area at 5485 Salt Road. James Callahan said the location is the east side of Salt Road north of Greiner Road consisting of approximately 8.26 acres in the Agricultural/Rural Residential Zone. The Master Plan identifies the area in an Agricultural/Rural Residential classification. The Planning Board forwarded a recommendation with the following conditions: 1. Subject to recreation and open space fees; 2. Access agreement per 4/10/04 letter in the file; 3. All on-site water facilities to be private and subject to conditions of the Erie County Water Authority; 4. Subject to all conditions of the Town Engineer per letter dated 7/28/04; 5. Subject to all conditions of the Erie County Water Authority for a charged fire line; 6. Homeowners Association agreement to be reviewed by the Town Attorney; 7. Applicant subject to all requirements of the Town of Clarence Right to Farm Legislation; 8. Requires formal map cover filing identifying location in an Agricultural District; and 9. Deed restriction identifying the existence of farm odors, noise, chemicals, etc.
Jeff Palumbo said there was a request that the driveways on either side be eliminated and joined into the one driveway. They have submitted a letter that those arrangements have been made. They do have signoffs from Erie County Public Works, Erie County Water Authority and the Town Engineering Department. He believes that they meet all the terms of the Town’s Open Development requirements.
Councilman Bylewski said he knows that the adjoining neighbors, the Kreher’s who are renting property and the Anthony’s who have an existing agricultural business have a number of concerns. He asked if the applicant has been able to meet with them to talk about their concerns. Mr. Palumbo said he knows they talked to the Krehers and he indicated that if they had the deed restriction in there about advising potential homeowners of the fact that the farm is in the immediate vicinity, he would be okay with that.
Town Attorney Bengart said he actually had item 9, regarding the deed restriction removed from the resolution. He does not think it is appropriate to put in there. You can put it in that it is a condition of a contract for the sale of a lot. It is really not a restriction. It is a notification.
Councilman Bylewski said we are required to take mitigating measures according to the Right to Farm Law.
Jeff Palumbo said they will do whatever the Board would like them to do. They can put it in the contract or some form of notification.
Councilman Bylewski asked if the applicant had an objection to meeting with the Resolution Committee under the Right to Farm Law to see if there are any other mitigating factors. Jeff Palumbo said he would like it as a condition of the approval.
Luther Townsend, 5485 Salt Rd. said he is the son-in-law of Vito Pace. They do not have any buyers for the property yet because they have not received approval.
Councilman Bylewski said his preference is for the applicant, his attorney, the Krehers and Anthonys to meet with the Resolution Committee and see if there are any other measures that can be taken to help mitigate the impacts of the project.
Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request for Development Plan Approval for development of a 3-lot Open Development Area at 5485 Salt Road to the Resolution Committee, as established in the Right to Farm Law, to take a look this for any recommendations and then come back to the Town Board. (Jeff Palumbo asked how soon they could be back to the Board?) Councilman Bylewski said the members are the Chairman of the Conservation Advisory Board or designee and the other is a designee by the Supervisor. As soon as that can be put together is fine. He is not trying to hold it up, but he wants to make sure that with farming such a presence in the Town and to preserve the rural character, he would be more comfortable if the Resolution Committee reviewed this project. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

Judith Turco requests a Change-In-Use from vacant to pastry shop in the existing Commercial space at 6000 Goodrich Road. James Callahan said the location is at the northwest corner of Goodrich and Clarence Center Roads in the Eshelman building consisting of approximately .58 acres in the Traditional Neighborhood District. The Master Plan identifies the area in the Clarence Center Traditional Neighborhood District.
Judith Turco, 6430 Salt Rd. asked if she could put writing on the window and a sign on the ground identifying her store. Mr. Callahan said we do allow window signs. Any other signs would be subject to approval by the Sign Review Board.
Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval for a Change-In-Use from vacant to pastry shop in the existing Commercial space at 6000 Goodrich Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications – A. Clarence Men’s Softball – April 5, 2005; B. American Legion Post 838 – May 30, Nov. 11, & Dec. 14, 2005; C. Clarence Contemporary Club – Oct. 17 & 18, 2005; D. Breast Cancer Network of WNY – Oct. 21 & 22, 2005; E. Clarence Garden Club – Oct. 28, 2005; F. Rock Oaks Homeowners Association – Dec. 3, 2005; G. Clarence Chamber of Commerce – Dec. 13, 2005. Legion Hall Applications – A. Clarence Little League Football Assoc. – One Thursday per month March – Dec. 2005; B. Andres Family – May 8, 2005; C. Stephen Demmitt – June 4, 2005; D. Sriti Hossain – July 30, 2005; E. Jacklyn Dec – Sept. 17, 2005; F. Kathy Konitsch – Sept. 24, 2005; G. Amy Gregor – May 28, 2005. Park Pavilion Special Request – A. Clarence Hollow Association/Clarence Chamber of Commerce – May 21, 2005. On the question, Councilman Bylewski said several of the Board members belong to the Hollow Association and the Chamber, however this is ministerial and he will be voting. 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 24, 2005 are approved for payment: General Fund - $116,271.79; Highway Fund - $80,969.00; Water District - $1,259.00; Lighting Districts - $1,024.43; Sewer Districts - $128,746.80; Capital Fund - $165,289.62; Special Revenue - $11,276.00 and Trust and Agency 203 - $1,693.00 for a total of $506,529.64. On the question, Councilman Bylewski said there were a number of vouchers for NOCO, who is a client of the firm where he is associated, however this is ministerial, so he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Tim Pazda, Country Club Dr. said he accepts Councilman Weiss’s challenge on behalf of the fire companies in Town for a tug-of-war at “Day In the Park”, with a provision.

There being no further business, Supervisor Hallock adjourned the meeting at 10:20 P.M. in memory of Robert Larkin.

Nancy C. Metzger, Town Clerk