A Work Session of the Clarence Town Board was held March 24, 2004 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, Town Engineer Joseph Latona, Senior Building Inspector David Metzger and Deputy Supervisor Anne Case.
Director of Community Development – James Callahan
United Rentals 4811 Transit Road
Kevin Gallagher 10939 Main Street
Vinny’s Sports Grill – Eastern Hills Mall
Frey’s Old Time Furniture – 9992 Main Street
Goodrich Road Subdivision – north of 6450 Goodrich Road
Dan Singer 6251 Goodrich Road
Mary Dittenhauser 6281 Transit Road
Paul Kowalski 6555 Heise Road
Supervisor Kathleen Hallock
Supervisor Hallock will make a motion to extend the deadline to pay property taxes without penalty or interest for active military personnel. The Resolution was adopted by the Erie County Legislature.
Supervisor Hallock has one application for a representative to the Amherst Northeast Erie Inter-Municipal Trail Committee. Town Board members received copies of the application, the applicant will be announced at the next Town Board meeting.
Tim Sherry, President of Concern, Inc. was present at the March 10, 2004 Town Board meeting asking that the town write a letter or adopt a resolution voicing opposition to casinos. Councilman Bylewski will bring forth a motion authorizing the Supervisor to send a letter to the Governor expressing our interest and concern in building a casino and to keep us informed of the progress with copies going to all appropriate representatives.
Richard Mancuso, Business Administrator for Clarence School District met with Supervisor Hallock about safety concerns at Clarence Middle School. There is traffic congestion around 3:20 and 3:50 P.M. everyday.
Councilman McPherson stated that the Traffic Safety Board has gone over this with Mr. Mancuso. The school has to reconfigure the bus traffic verses the vehicle traffic, the buses and parents are picking up children at the school at the same time. There are approximately 200 vehicles arriving everyday to pickup children. This is a school district issue.
Supervisor Hallock told Mr. Mancuso that she would bring this to the Town Board’s attention. Councilman McPherson will respond to Richard Mancuso letter.
Director of Community Development James Callahan will report on the Amherst and Clarence Youth Planning Project Final Report.
Supervisor Hallock received a draft of the Buffalo Niagara International Airport Noise Compatibility Study. Councilman Weiss attended their Community Advisory Committee meeting on March 9th his comments and questions were noted in the minutes.
Town Engineer Latona stated that in conjunction with the Department of Transportation project on Main Street, Cold Springs Construction requested and obtained a permit to put their field office on Sawmill they also requested a fill permit for Jones Road. The fill permit is expiring and they would like to renew it under the same conditions as the current permit.
Supervisor Hallock will make a motion to transfer funds in the General Fund Account.
Supervisor Hallock has two items to discuss in Executive Session.
NYSEG has donated fifteen trees to be planted at fifteen locations of our choice. Councilman McPherson suggested placing the trees in areas where trees have been cut down or knocked down because of storm damage or power issues.
Councilman McPherson has an announcement on the sewer update that will take place on April 7, 2004. A progress report will be added, suggestions for hookups and procedures etc. The information will be available to the people who will be affected in the Hollow area.
Councilman McPherson has two Resolutions regarding the SMEC reserve fund. Town Attorney Bengart has reviewed this.
Councilman McPherson will bring up the issue relative to public participation on agenda items at a Town Board meeting. The public can not be restricted to town residents.
Councilman McPherson has one item for Executive Session.
Supervisor Hallock spoke to Chief Donovan last week, he is waiting for the list of speed trailers. Councilman McPherson will forward the list.
Councilman Scott Bylewski
Councilman Bylewski has one item to discuss in Executive Session under 105 (1) F employment history of an individual.
Councilman Bylewski received an application from a gentleman who is interested in serving on the Senior Center Board. He is a CPA and is also a member of the Youth Center Board.
Clarence Rotary has contacted Councilman Bylewski regarding the “Welcome to Clarence” signs and the status of the licenses.
The area fire departments would like to acquire a map of all the water mains in the area. Erie County Water Authority has the information; Town Engineer Latona will pursue the matter.
Councilman Bylewski reminded the Town Board of the joint meeting on March 31, 2004 at 7:00 PM to discuss the property north of Greiner Road and east of Goodrich Road.
Councilman Bylewski has several Municipal Review Recommendations to announce.
Mike Stafford is a Swormville fireman who has a business in the Harris Hill Plaza. Mike is interested in helping out Harris Hill VFC. In order for him to be fire police on Harris Hill’s calls, he has to contact the chief of Harris Hill VFC to get that permission. Town Attorney Bengart is researching this, there may be liability issues. They want the Town to give permission for this.
Councilman Joseph Weiss
Councilman Weiss and Councilman Kolber are researching the possibility of creating a town-wide garbage district. CID-Wastemanagment is sending out post cards to their customers asking them to sign a two or three year contract.
Councilman Weiss will be meeting with Joseph Floss to review our insurance policies.
Councilman Bernard Kolber
Parks Crew Chief John Burns has two trucks to declare surplus.
Town Attorney Steven Bengart
The Syms case went up on appeal. They have sixty days to refile and correct the errors in their original petition.
Town Attorney Bengart received a telephone call from Attorney Duane Root who represents an individual who owns property along the West Shore Line. In order to protect the town and not have someone make an adverse possession claim, we entered into leases with several individuals who encroach the West Shore Line. One of the leases is up in 2007, this particular person is refinancing and as part of the refinance, they need the lease to be extended. The lease was extended once before, the only difference between the original lease, the extended lease and this lease is the Title Company is asking that the town consent to the mortgage. Town Attorney Bengart negotiated some language be added “provided however that this lease is and shall remain superior to any mortgage.” The town is not loosing any rights by doing this; the lease will be extended until April 30, 2024. Town Engineer Latona stated that the conditions have changed since the original lease.
Town Attorney Bengart stated that he knew that a parking lot was installed because the question came up as to whether the town put the ingress and egress into the lease and after review, it was noted that we did not. There was concern that the entrance to the parking lot was not in the leased area. These residents have a lease that is good until 2007 which would mean that the town was encroaching into their leased area. Town Attorney Bengart will review this further.
Town Engineer Latona stated that the Capital Project Committee had its first meeting today. There are some projects that are required this year, mainly Memorial Park, the Arboretum Project and two sewer projects, one to connect the Town Hall to the pump sewer and the other to take the pump station from Town Hall and put it at the Main Street Park to provide sewage facilities at the town park.
The Sports Coalition receives a stipend of $37,000. from the town every year. As part of Memorial Park, the Sports Coalition has decided on what diamonds and fields they need and have agreed to waive the stipend and use the $37,000 to leverage bond money. The accountant was asked to develop how much bond money we could leverage with the $37,000. For 15 year amortization, it would leverage $435,000 and for twenty year, it would leverage $535,000. We are within the “ballpark” because the estimate on Memorial Park is $550,000. The Sports Coalition has agreed to enter into an agreement relinquishing the $37,000. This is also being done in conjunction with the Arboretum Project which includes a pond. The spoils from the pond will be used at Memorial Park.
In order to meet the schedule for ball diamonds at Memorial Park, we need to bid these projects on May 19, 2004. Because of the bonding requirements etc. The Town Board will have to pass the resolution April 7, 2004 for the Capital Projects, set the Public Hearing for April 28, 2004 and set a bid date of May 19, 2004. The estoppel period will be over on May 28, 2004.
Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) F matters leading to the promotion of a particular person, matters leading to discipline of a particular person, the employment history of a particular person. Section 105 (1) D discussion regarding litigation relative to the Library and Roxberry Estate. Upon roll call – Ayes: All; Noes: None. Motion carried.
There being no further business, the meeting adjourned at 6:55 P.M.
Darcy A. Snyder
Regular meeting of the Town Board of the Town of Clarence was held Wednesday, March 24, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Ian McPherson, followed by a prayer read by Supervisor Hallock.
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, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Parks Crew Chief John Burns, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.
Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of the previous Work Session held March 3, 2004. On the question, Supervisor Hallock said page 64, the meeting was held March 3, 2004. Councilman McPherson had corrections to page 64, “Councilman McPherson felt the concept”….); page 68, second last paragraph, “Traffic Safety Board”; and page 69, “residents in the Hollows at Loch Lea do not get charged a highway tax , and on their private road.” Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held March 10, 2004. On the question, Councilman McPherson said he had a correction on page 90, “Councilman McPherson said he is very much opposed to this as he was last year when it was proposed calling for a unanimous vote…”; and the last sentence in this paragraph should be “He thinks this proposed law is a negative influence. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint the following to the Bicentennial Committee: Elaine Wolfe, 10100 Greiner Rd. and Flora Leamer, 6150 Goodrich Rd. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to approve a transfer of funds in the General Fund in the amount of $3,200 from account A1680.434 Professional Services to account A7610.435 Special Programs Senior Center. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following resolution to Extend the Deadline for Payment of Real Property Tax without Penalty or Interest Owed by a Person Deployed by the Military to Active Military Duty:
WHEREAS, by reason of the enactment of 925-d of the Real Property Tax Law, a municipal corporation to which real property tax is owed is authorized, by passing a local resolution, to extend any deadline with respect to the payment of such real property tax without penalties or interest where said tax is owed by a person who has been deployed by the military, or by the spouse or domestic partner of such deployed person, for real property of such deployed person, and;
WHEREAS, a “person deployed by the military” is defined in RPTL 925-d to mean a person who has been ordered to active military duty, other than training, for the period beginning with a declaration of war by Congress and ending with a date prescribed by Presidential proclamation or concurrent resolution of Congress or during any periods of combat designated by Presidential executive order or hazardous duty, and;
NOW, THEREORE, BE IT RESOLVED, that with respect to real property tax owed by a person who has been deployed by the military, or by the spouse or domestic partner of such person, for real property of a person so deployed, any deadline with respect to the payment of such real property tax without penalties or interest shall be extended for a period of ninety days after the end of such deployment; and it is further
RESOLVED, that the Erie County Director of Veterans Services shall notify the local commanders of each United States Army, United States Navy, United States Air Force, United States Marine Corps, and United States Coast Guard office/unit, including the local Reserve and National Guard components, of this extension of deadline for the payment of the Town of Clarence real property tax, in order that those officials can notify their local soldiers, sailors, airmen and airwomen and marines of this important issue and extension.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman McPherson to authorize renewal of the Fill Permit for Cold Spring Construction for one year at the Jones Road site under the same conditions as the current Permit. Upon roll call – Ayes: All; Noes: None. Motion carried.
Supervisor Hallock announced that she received a supply of brochures from the Buffalo Urban League, Inc. regarding the “Don’t Borrow Trouble Project”. This project gives advice on borrowing money, preventing foreclosure and credit card debt. The brochures are available in the Town Clerk’s Office.
Councilman McPherson thanked Curt Cashmore, representing the Chamber of Commerce, for attending.
Councilman McPherson said he and Town Engineer Joseph Latona met with the Erie County Water Authority to discuss the activities that have taken place since they took over our water system. They sent a summary of the following activities: water system mapping has been updated and incorporated in the GIS system; details for 1,808 distribution system control valves have been created and incorporated into GIS; original 1,141 hydrants have all been painted; original, as well as 312 additional hydrants have been serviced twice each year; 980 services have been installed since August 1999, 213 within the last year; and 457 emergency repairs have been completed, 120 within the last year.
Councilman McPherson announced that NYSEG has 15 trees they will allow us to place in the Town. They are Flowering Crab Apple, Cherry and Dogwood trees. The Town will meet with them to try and replace trees that have been taken down for electric related reasons. If anyone has a suggestion, they should call us.
Councilman McPherson announced that one of the items on the April 7 th 9:00 A.M. Town Board Work Session will be a sewer update regarding the Master Sewer Plan. There will also be a detailed update on the Clarence Hollow Sewer Project including the trunk line construction, procedure on how to hook-up, the road project and timelines on the Town portion of the sewer lines. The information on the hookup procedures will be distributed to everyone impacted in the first phase of the sewer installation.
Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize payment of $18, 690.27 to the School and Municipal Energy Cooperative (SMEC) to set up a reserve fund which is totally refundable, with interest, if the Town of Clarence withdraws from the energy cooperative. For accounting purposes, this will be set up as an asset in the Trust and Agency Fund. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Councilman Bylewski to authorize the transfer of funds, for payment to the SMEC reserve fund, within the General Fund in the amount of $18,690.27 from A1990 Contingency to A1620.438 Utilities. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman McPherson said one of the speakers at the last Town Board Meeting raised the issue that he thought only Town residents were allowed to speak under “Public Participation”. We have spoken to the Office of Committee on Open Government and were informed that the public cannot be restricted to Town residents as it would be a violation of the Open Meeting Law.
Councilman Bylewski said the Senior Center Board has a vacancy and are interested in filling it with someone with a CPA background. We have received an application from a person with a CPA background and he will act on it at the next meeting.
Motion by Councilman Bylewski, seconded by Councilman McPherson to authorize the Supervisor to sign and send a letter to Governor Pataki, with copies to all elected officials who represent Clarence and all appropriate officials expressing the Town of Clarence’s concern regarding a casino proposed to be located in Cheektowaga and to keep the Town informed as to the casino’s impact on the Town and allow for the Town to comment on any impact. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski reminded everyone that there is a joint meeting of the Town Board and Planning Board on Wednesday, March 31, 2004 at 7:00 P.M. It is a proactive visioning session to discuss the properties located north of Greiner Road, east of Goodrich Road.
Motion by Councilman Bylewski, seconded by Councilman McPherson that pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency status and commences the required comment period on the proposed Visone Open Development Area. This Unlisted Action involves the development of a 4-Lot Open Development Area on 8 +/- Acres in the Agricultural 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, the Town Board issues a Negative Declaration on the proposed addition to the Victoria Park Plaza located at 10225 Main Street. This Unlisted Action involves the construction of an 8550+/- square foot building to the existing plaza campus located in the Commercial Zone. After thorough review of the submitted site plan and Environmental Assessment Form by the MRC, Planning Board and Town Board, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, the Town Board issues a Negative Declaration on the proposed Douglas Klotzbach Open Development Area located at 10998 Keller Road. This Unlisted Action involves the development of a three lot Open Development Area on 6.95 Acres in the Agriculture zone. After thorough review of the submitted site plan and Environmental Assessment Form by the MRC, Planning Board and Town Board, it is determined that the proposed action is consistent with 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 McPherson that pursuant to Article 8 of the Environmental Conservation Law, the Town Board issues a Negative Declaration on the proposed Eastern Hills Corridor Plan located between Main Street and Sheridan Drive on the east side of the Eastern Hills Mall. This Unlisted Action involves the development of a public road to provide access from Main Street and Sheridan Drive to and through the Eastern Hills Mall property and Rezoning from Residential A to Restricted Business for properties along the route. After thorough review of the developed site plan and Environmental Assessment Form by the MRC, Planning Board and Town Board, including coordinated review with the NYS Dept of Transportation (NYSDOT), NYS Dept of Environmental Conservation (NYSDEC) and Erie County Dept of Environment and Planning, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded Councilman Weiss to engage the services of David Silverberg of Silverberg, McGorry, Sellers and Silverberg at a rate of $230 per hour for up to 10 hours regarding the Clarence Library construction issues by reviewing the files and report back the litigation status or any litigation that the Town so desires to pursue. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Supervisor Hallock to adopt the following resolution:
WHEREAS, section 339-y of the Real Property Law has been interpreted by courts to limit an assessor’s method of establishing a condominium assessment to the income approach, resulting in the assessment for each unit significantly under market value, sometimes by as much as 50% or more: and
WHEREAS, further abuse of section 339-y now includes attempts by developers to take large tracts of land, construct large single-family houses on one or two acres and instead of simply subdividing the property, establish a condominium with two classes of common area, a limited common area (consisting of all the parcels surrounding each residence) which is for the exclusive use of the owner and occupant of the “condominium unit,” and one general common area consisting only of the roadways within the development; and
WHEREAS, by structuring ownership of the property just described, section339-y limits the assessing unit to setting assessments on all the units as if the property were a single parcel, resulting in a steep reduction in what the assessment would otherwise be; and
WHEREAS, at the Association of Towns meeting held on February 18, 2004, the Association passed a resolution urging the Governor and the State Legislature to repeal 339-y of the Real Property Law.
NOW THEREFORE BE IT
RESOLVED that the Clarence Town Board again calls upon the State Legislature and the Governor to repeal section 339-y so as to provide equal treatment for all types of residential housing and to prevent the continuing abuses of section 339-y as described above.
BE IT FURTHER RESOLVED that the Town Clerk forwards a copy of this resolution to Governor Pataki and our State Representatives.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Weiss said he received a copy of the Monroe County garbage pickup plan for the use of one company. The Town Attorney is looking into the possibility of doing this. The residents of Monroe County received a substantial reduction in the fee paid for garbage pickup. We would have to establish a town-wide garbage district. He has also been working with Ron Witnauer as this would reduce the traffic on our roadways. Councilman Weiss wants the residents to know that we are working on this issue this year in case they were considering any long-term contracts with their garbage company.
Councilman Weiss is working with Joseph Floss on our insurance package. He will be getting the bid documents out and keep everyone informed.
Councilman Kolber said he is the liaison to the Northeast/South Towns Solid Waste Committee, which also discussed the costs of solid waste pickup. They feel that they can cut the costs in half with one company.
Motion by Councilman Kolber, seconded by Supervisor Hallock to declare the following as surplus equipment from the Parks Department: 1 – 1994 Ford F-150 4X4 Truck, VIN #1FTEF14N2RLB60649; and 1 – 1993 Ford F-150 4X4 Truck, VIN #1FTEF14N5PNA92025. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
Whereas, the Town of Clarence has utilized the services of the Western New York Land Conservancy (WNYLC) to initiate and establish the Town of Clarence Greenprint Project, and
Whereas the WNYLC has been instrumental in providing a non-political agency to further the land acquisition process, and
Whereas the WNYLC has presented a proposal to provide support services for the continuation of the Greenprint/Open Space project for 2004, and
Whereas, the Town Recreational Advisory Committee has unanimously recommended that the Clarence Town Board enter into a contractual agreement with the WNYLC for 2004,
Now Therefore Be It
Resolved that the Clarence Town Board enter into a contract with the WNYLC for calendar year 2004 to provide support services as identified and presented. The annual cost of services is not to exceed $10,750.00.
On the question, Supervisor Hallock said the money is budgeted.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Supervisor Hallock to adopt the following resolution:
Whereas, the Town of Clarence has created an Open Space Bond Act in association with the Clarence Greenprint, developed to identify lands for long term preservation and
Whereas, the Town Recreation Advisory Committee has prepared a formal process under which land is to be reviewed and approved for long-term preservation,
Now Therefore Be it Resolved by the Clarence Town Board to adopt the attached process associated with the Clarence Greenprint/Open Space Bond Act.
The policy is as follows:
TOWN OF CLARENCE GREENPRINT
LAND ACQUISITION PROCESS
*In an effort to preserve open space, a stipulated goal of Master Plan 2015, the Town of Clarence has initiated the Town of Clarence Greenprint Project. While the identified priority is to preserve open space and to retain the rural character of the Town, a simultaneous effort to maintain an acceptable amount of land for active recreational uses is underway. To better focus on both goals, the Clarence Town Board has authorized the Town of Clarence Recreation Advisory Committee to pursue both programs and to ensure that the goals of the Master Plan 2015 are being met. As a part of the process to identify valuable open space to preserve in perpetuity, the Recreation Advisory Committee will also identify lands that may be better suited for active recreational uses. To better identify recreation lands, a parks and recreation master plan should be developed.
The general process to pursue long-term acquisition of prioritized lands for preservation is summarized in the following steps:
On the question, Councilman Bylewski said he did not see this draft. However, if changes had to be made, an amendment could be approved.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Town Clerk Nancy Metzger announced that she received a communication from Mark Kandel, Senior Wildlife Biologist of the New York State Dept. of Environmental Conservation notifying us that they have amended the official Freshwater Wetlands Maps for Erie County. A copy of the Decision and Order regarding the amendments was included, along with two of the 31 maps showing the approximate location of the wetland boundaries. The maps are available in the Planning and Zoning Office for review by the public.
James Callahan, Director of Community Development reported that they have completed the Final Report for the Amherst and Clarence Youth Participation and Planning Project. This was a collaborative grant that we received through the New York Department of State Quality Communities Demonstration Program. The school districts of Clarence, Williamsville, Amherst and Sweet Home were also involved.
The Final Report is a culmination of a three-year project that began in 2000 enabling students, teachers and residents to enhance their knowledge of and participation in local government. The final phase of the project included the preparation of this Report and revisions to the project life cycle. The report documents experiences and accomplishments of the participating teachers and other supporting project staff. The website has been thoroughly reconstructed providing access to teacher lesson plans, project maps, images and documents and the latest version of the Youth Map Machine. The Youth Map Machine provides options for various browsers, enhanced spatial query, database tools and new maps and information content. The Final Report and website document the processes and lessons of intermunicipal and institutional collaboration, the introduction and use of new media in school classrooms and the involvement of students in the community planning issues.
Mr. Callahan said in terms of benefit to the Town of Clarence, we received grant monies to purchase the computer that is in the Planning and Zoning Conference Room, as well as, software and support of the program. That is in addition to the benefit that the students receive in the local classroom. The Final Report and CD will be available in the Town Hall and the Clarence Public Library. The website will be available through a link on the Town’s website.
Sean Hopkins of Renaldo and Palumbo said they have been handling the Fox Trace Subdivision project. They have completed their review of the Concept Plan with the Planning Board last week. They have been meeting with and sending letters to the neighbors throughout the process. He is requesting that a public hearing be set on April 14 th.
Supervisor Hallock said this item is reserved for people to speak on agenda items.
Mr. Hopkins said he put in the request last week and he thought it would be appropriate to have a public hearing at the next meeting. Once a date is set, they will send a letter to the approximate 75 neighbors.
Mr. Callahan said the Planning Board has made a recommendation on the concept. Per our policy, he did not get on this agenda, as it was prepared prior to that meeting last week. The request can be placed on the next agenda and a public hearing scheduled.
Councilman Kolber said if it is not on the agenda, he does not feel comfortable bringing it forward.
Councilman McPherson asked what is the procedure, the Friday before? Mr. Callahan said it is Wednesday.
Supervisor Hallock said it is not an agenda item. It is for discussion of items that are on the agenda.
Mr. Hopkins said he is making the request and does not think it is unreasonable.
Town Attorney Steven Bengart said it is not on the agenda for tonight, nor is this the appropriate place to reason it.
A Public Hearing was held to consider the request for a Temporary Conditional Permit for United Rentals for operation of a portable concrete mixing sales system at 4811 Transit Road. James Callahan said the property is located on the east side of Transit Road, north of the Sheridan Drive overpass in the Major Arterial Zone. The Master Plan identifies this area in a Commercial classification. The Planning Board has recommended approval with the following conditions: Temporary Conditional Permit be issued for one year; an electric motor be used for the mixing process, not a gas motor; utilize a water halo for mixing; raw material storage as depicted on the site plan to the northeast of the building; and equipment location as depicted on the site plan not extending beyond the back of the building.
Councilman McPherson asked the applicant if the conditions were acceptable to him if this is approved and he said yes.
With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski asked for a definition of Special Exception Use Permit and Temporary Conditional Permit. James Callahan said the Planning Board felt that a Temporary Conditional Permit in this instance would be recommended because it is on a term basis of annually or up to a 5-year term approval of the Town Board. A Special Exception is a long-term approval, which could be considered in the future.
Councilman Bylewski said he is not in favor of the project because the principal operation is not contained within a wholly enclosed building, differences of opinion on the definition of a concrete batch plant, and that he feels this should be more properly fitted under a Special Exception Use Permit.
Supervisor Hallock asked if there were any negative comments received regarding this proposal. James Callahan said he did not receive any.
Councilman McPherson said there were a lot of improvements made from the original proposal. He has heard from a lot of people who have read about it and feel it would be great for home projects. It is scaled more for residential use than large scale contracting. He disagrees with the assessment that it is a concrete batch plant. He feels that it is enclosed within itself.
Councilman Weiss said he has heard concerns from people regarding the noise.
The applicant said the noise is not any louder than their normal business operation.
Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:
Be it Hereby Resolved that after a Public Hearing duly held at a regular meeting of the Clarence Town Board on March 24, 2004, and after all interested parties being heard, the Clarence Town Board approves a Temporary Conditional Permit be issued to United Rentals located at 4811 Transit Road for the operation of a completely portable concrete mixing/loading facility on the property for small contractors and homeowners for a period of one year with the following conditions; 1. Utilize electric motor instead of gas motor for mixing; 2. Water halo used in mixing material; 3. Raw material storage to be determined by Planning and Zoning Department in location so as to reduce visual impacts to adjoining residential uses; and 4. Equipment to be located in a location to reduce visual impacts to adjoining residential uses.
On the question, Councilman McPherson asked how much the equipment costs to install? The applicant said just under $250,000. Councilman McPherson said he wanted to make it clear that if any of the conditions are not met, he could lose the permit. The applicant understands that.
Councilman Kolber said this is something he would not mind taking advantage of, but is concerned about the fact that it is not within an enclosed facility. He does not want to set precedence for something else down the road.
Councilman McPherson said it is highly arguable that it is a batch plant and the Town Board has discretionary authority. Each case is based on its own merit.
Councilman Weiss said he was concerned with environmental impacts, but that was addressed at the previous meeting.
Upon roll call – Ayes: Councilman McPherson and Supervisor Hallock; Noes: Councilmembers Kolber, Weiss and Bylewski. Motion lost.
A Public Hearing was held to consider the purchase of real property located at 10000 Clarence Center Road for recreation purposes from the Clarence Central School District for an amount not to exceed $275,000. Councilman McPherson said this is the culmination of many years of cooperative effort between the School District and the Town of Clarence. He introduced Dr. Thomas Coseo of the Clarence School District.
Dr. Coseo said the enrollment in the 1960’s increased at about 6.5% per year. The School Board put forth a proposition in 1968 to purchase properties in anticipation of future school needs. During the 1970’s school enrollment dropped significantly. Sheridan Hill was closed for sometime. This property was developed in 1982 for soccer fields. It has been improved over the years by the Town of Clarence and civic organizations and is regarded as on of the premier soccer venues in Western New York. Discussions began in 1995 concerning the parcel and the School District was interested in selling it for recreation purposes and to maintain the greenspace.
Dr. Coseo said the District and the Town each received appraisals of the property. One might wonder why they do not just give it away. The District is made up of residents in Clarence, Amherst, Newstead and Lancaster. It is only fair that the investment that they made in 1968 continues. The funds received for the property would be used for potential future uses.
Councilman McPherson said one of the reasons why the Town is interested is that we are precluded from making improvements on property we do not own. We are interested in helping to upgrade our recreational facilities. This is a long awaited move.
Councilman Weiss said he feels this is a good situation for both parties. In checking with the Town Assessor, he believes it is a fair purchase.
With no one else speaking to the subject, motion was made by Councilman McPherson, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Supervisor Hallock to adopt the following resolution:
Whereas, the Town of Clarence leases the property located at 10,000 Clarence Center Road from the Clarence Central School District known as the Clarence Soccer Center; and
Whereas, the Town Board of the Town of Clarence and the Clarence Central School District mutually agree on the Town’s purchasing said property from the school district; and
Whereas, after a public hearing, duly held at a regular meeting of the Clarence Town Board on March 24, 2004, and after all interested parties being heard, the Clarence Town Board approves the purchase of said 10,000 Clarence Center Road; and
Whereas, the Town Board has sufficient funds in the Special Revenue Fund designated as Recreation Funds; and
Whereas, the Town Board has carefully considered the alternative available for the expenditures of these funds; and
Whereas, the Town Board now wishes to appropriate an amount not to exceed $275,000 of these funds to purchase said Parcel of land; and
Whereas said purchase is authorized pursuant to sections 64(2) and 220 of the Town Law of the State of New York;
Now Therefore Be It
Resolved, that the Clarence Town Board authorizes the Town Attorney to prepare a Contract for the purchase of 10000 Clarence Center Road from the Clarence Central School District for an amount not to exceed $275,000, contingent on the Clarence Central School District meeting all their legal requirements to sell the property.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Kevin Gallagher requests a Special Exception Use Permit for an automotive sales operation at 10939 Main Street. James Callahan said the location is the south side of Main Street, east of Schurr Road with frontage in the Commercial Zone and Residential B to the rear. The Master Plan identifies this area in a Traditional Neighborhood classification.
Councilman Bylewski said a used car sales operation was approved in the Traditional Neighborhood District of Swormville. He is aware of the intent to maintain the character of the Hollow and wonders if anything has been mentioned about used car sales. James Callahan said they have not finalized the specific uses for the Hollow. Councilman Bylewski said the Clarence Hollow Association has expressed an interest to be involved in any projects that come in. James Callahan said the way it is designed, there will be an architectural review board to review upgrades. Councilman McPherson asked Mr. Gallagher if he would have any objections to working with the committee.
Kevin Gallagher said he has no objections. He lives on Lapp Road and runs a small landscape/construction operation from there with a permit. He has not had any complaints on that project. He has worked hard improving the property. He also spends a lot of time with children’s wrestling programs.
Mr. Gallagher said he is very aware of the heritage of the area in the Hollow. He intends to work with everyone to preserve the area and present a clean operation with quality vehicles, as well as, classic and historic vehicles. He will paint the building and professionally landscape around it. The owner is in agreement with the intended improvements of the property. Pictures were presented of the property and drawings of what he is proposing. No vehicles would be parked in front of the building. The area will be well maintained just as the Dodge Dealer less than a ¼ mile away. He submitted a letter on his behalf and residents were also present to speak.
Councilman Kolber said he has no question about Mr. Gallagher’s integrity, but his concern is that in the past used car sales were only allowed as part of a new car sales business. There have been several requests for sales offices without any display of vehicles. He feels we may set a precedent and open the floodgates.
Councilman Weiss said he does not feel it is congruent with what we want to do in the Hollow.
Councilman Bylewski said that is a reason to get the Clarence Hollow Association involved. It is a discretionary call of the Town Board.
Councilman McPherson said it is a discretionary call and not precedent setting. A letter was passed to him written by Robert Linde, an employee of the Parks Department, on behalf of Kevin Gallagher. He has known him for 10 years and feels his business would be an asset to the Town.
Councilman McPherson is the liaison of the Clarence Hollow Association and aware of their concern as to what happens in their neighborhood. Mr. Gallagher is willing to work with them. He feels he would be an asset if he follows what he has presented.
Motion by Councilman McPherson, seconded by Supervisor Hallock to refer the request for a Special Exception Use Permit for an automotive sales operation at 10939 Main Street to the Planning Board. On the question, Councilman Bylewski asked if this proposal, as presented, complies with the Master Plan? James Callahan said yes. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.
Vinny’s Sports Grill requests a Temporary Conditional Permit for outside dining at Eastern Hills Mall. James Callahan said this is an existing restaurant at the mall. The location is between the entrance to the restaurant and the mall entrance. The applicant said there would be a fence around the area, which is behind the sidewalk. A window will be removed and a doorway installed. Access to the area is from within the restaurant.
Motion by Supervisor Hallock, seconded by Councilman Kolber to set a Public Hearing on April 14, 2004 at 7:45 P.M. to consider the request by Vinny’s Sports Grill for a Temporary Conditional Permit for outside dining at Eastern Hills Mall. Upon roll call – Ayes: All; Noes: None. Motion carried.
Frey’s Olde Time Furniture requests an addition to the existing retail space and partial access to Kraus Road at 9992 Main Street. James Callahan said the location is the north side of Main Street, east of Kraus Road with Commercial frontage and Agricultural to the rear. The Master Plan identifies this area in a Commercial classification.
Douglas Klotzbach, K2M Architects and Bill Ferguson, Director of Operations were present. Mr. Klotzbach said the purpose is to expand the retail area and for an area for retail/wholesale distribution. A 1,700 sq. ft. addition is proposed to combine the warehouses. In regard to the access to Kraus Road, they would like to use it for some wholesale business traffic. The total square footage being added is approximately 10,600 sq. ft.
Councilman McPherson asked what the size trucks would be using Kraus. Mr. Klotzbach said that entrance was closed because of the previous owner. They had open bay trucks and lost a load weekly on the neighbor’s lawn. The expansion of the business will require this access. Mr. Ferguson added that they will be full transport trucks coming in off of Main Street. It could be a maximum of two to three per day. There would be wholesale trucks anywhere from a cube van to a 26 ft. straight truck. It is not a constant flow of traffic. They will be able to pull in and turn around and get back out.
Councilman McPherson said that area has also been sensitive to one of the residents and it still has not been determined as to the source of their problems.
Motion by Councilman Bylewski, seconded by Councilman McPherson to refer the request for an addition to the existing retail space and partial access to Kraus Road at 9992 Main Street for Frey’s Olde Time Furniture to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.
Goodrich Road Subdivision requests Concept Plan Approval and rezoning from Agricultural to Residential A for development of a 122-lot subdivision north of 6450 Goodrich Road. James Callahan said the location is west of Goodrich Road, north of Pine Breeze Subdivision consisting of approximately 86 acres in the Agricultural Zone. The Master Plan identifies the area in a Residential classification.
Sean Hopkins of Renaldo and Palumbo and Bill Schutt of Wm. Schutt & Associates were present. Bill Schutt said he is excited to present this project, which he feels is consistent with the Master Plan in the following parallels: is within Sewer District No. 2; is Residential as designated in the proposed land use map; is low density residential; definite Clarence flavor as project sponsor is a Clarence business and a Clarence resident, proposed builder is Clarence business and resident, Sean Hopkins has a new office in Clarence and he also is a Clarence resident.
Councilman Kolber said he did not think the entire project is in the Sewer District. Mr. Schutt said according to the Town Engineer it is. Councilman Kolber said in light of where we are in the Town, in the terms of what the people want, in terms of our request for an adequate public facilities law, and the pending public hearing to consider a temporary moratorium so we can finish the new zoning laws, we need to see what the Town and the School District can handle.
Motion by Councilman Kolber, seconded by Supervisor Hallock to table the issue so that the applicant does not invest more time and then say that we are changing the rules. On the question, Councilman Bylewski said presently we do not have a moratorium and this motion would be to table the item. If the project went to the Planning Board and the moratorium did occur, what would happen under the proposed local law? Town Attorney Steve Bengart said he believes this project would end up on hold. Councilman Kolber said then we clutter up our Planning Board agenda. We would move forward and then a month down the road stop it.
Sean Hopkins said he does not how you could support that decision without the hearing for the moratorium having taken place. They are only asking for a referral.
Councilman Bylewski said he disagrees with the statement that “we are only asking for a referral.” He does not think in this instance we have the authority to put it on hold.
Councilman Kolber withdrew his motion and Supervisor Hallock withdrew her second.
On the question, Councilman McPherson said one of the major considerations is that this property is wholly within an established Sewer District and the people within the Sewer District pay their sewer fees. He believes someone has to speak for the people of the District who would have some significant reductions of their overall bills when the costs are shared.
Councilman Weiss said the density of the project also impacts our citizens with infrastructure and school capacity issues.
Councilman Bylewski asked if the project complies with the Master Plan? James Callahan said in terms of a land use, yes, but there may or may not be some design issues that are not consistent. You cannot say it is in compliance in every respect. The proposed zoning law would increase lot size.
Councilman Kolber said that is why he has a problem moving forward without everything we are working toward in place.
Sean Hopkins said they know that a referral does not mean an approval. The project will have to go through the SEQR process.
Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.
Councilman Bylewski said if a moratorium does come into place, the project stops where it is. Sean Hopkins said he couldn’t say what his opinion will be. Town Attorney Steven Bengart said that is his opinion.
Item #17, Dan Singer requests a Change-In-Use from office to ice cream stand at 6251 Goodrich Road was removed from the agenda at the applicant’s request.
Mary Dittenhauser requests a Change-In-Use from vacant former toy store to coffee bar, yoga room, massage therapy and retail shop at 6281 Transit Rd. James Callahan said the location is the east side of Transit Road in the Major Arterial Zone. The applicant is not making any changes to the site plan. Mr. Dittenhauser said he intends to paint the building colors with a more historical appeal.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant the request for a Change-In-Use from vacant former toy store to coffee bar, yoga room, massage therapy and retail shop at 6281 Transit Rd. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Kolber to set a Public Hearing for April 14, 2004 at 7:50 P.M. to consider the request for a Temporary Conditional Permit for a site contracting/firewood business at 6555 Heise Road. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman McPherson to set a Public Hearing for April 28, 2004 at 7:50 P.M. to consider renewal of the following existing Temporary Conditional Permits: A. Eisenberger Shop, 7735 Salt Rd.; B. Tucciarone Automotive, 10069 Main St.; C. Pautler’s Restaurant Outside Dining, 6343 Transit Rd.; D. Nella Cutlery, 8520 Stahley Rd.; E. Talboy’s Auto Detailing, 9510 Keller Rd.; F. Talboy’s storage Building, 9470 Keller Rd.; G. Lavocat’s Garage, 7338 Salt Rd.; H. Fredi’s Restaurant Outside Dining, 6010 Goodrich Rd.; I. Webber’s Garage, 10250 Cedar Rd.; J. DiBlasi Collections, 8520 Roll Rd.; K. Brennan’s Bowery Bar Outside Dining, 4401 Transit Rd.; L. S & S Construction, 9450 Maple St.; M. The Craft Emporium, 10563 Main St.; N. Calveneso’s Outside Dining, 5185 Transit Rd.; O. Payne’s Firearm Repair, 7800 Salt Rd.; P. Hirtreiter’s Classic Cars, 8601 Clarence Center Rd.; Q. Lavocat’s Nursery Off-Premises Sign; R. Szuli’s Greenhouses, Off-Premises Sign; S. Carps Auto Sales, 9735 Main St.; T. Clarence Hollow Farmer’s Market, 10225 Main St.; U. Pow R Devices Automotive Display, 5940 Goodrich Rd.; V. Eastern Hills Wesleyan Church Off-Premises Sign, Harris Hill Rd.; W. Gary Scaratine Automotive, 5730 Shimerville Rd.; X. Chicken Shack Antiques, 5270 Salt Rd.; Y. Dave Hauser Motorcycles, 10480 Main St.; Z. Anges Autos, 8790 Main St.; and AA. Main Mobility, 9580 Main St. Upon roll call – Ayes: All; Noes: None. Motion carried.
Penny Favale, 8115 Miles Road spoke on behalf of the parents and students to share her concern for the safety of the children attending the Transit Middle School and to ask once again for funding for a crossing guard. There seems to be some confusion. She believes it is a small price to pay for the safety of the children. Children do not always make the best decisions and motorists are sometimes distracted. She believes the presence of crossing guards will help protect the children and the motorists. The Town Board passed a resolution stating that they are aware of this public safety issue. Amherst passed a resolution for one guard contingent on Clarence funding another. The Amherst Police Chief determined two crossing guards are needed due to the high volume of traffic for the safety of the children and the crossing guards themselves. She requested that a new resolution be brought forth to enter into an agreement with Amherst to obtain and fund the two crossing guards at Transit Middle School.
Supervisor Hallock has been asked by a number of people who have recorded their views on this issue: 5 calls, 2 e-mails, and 2 letters in favor of a second crossing guard; and 4 phone calls in opposition.
Supervisor Hallock said we did pass a resolution in October for a crossing guard. About four weeks later there was a request for a second crossing guard. It was brought to their attention how dangerous Transit Road is and the fact that they did not hear from the school. They heard that the school preferred the children rode the bus. She also feels that they would be safer on the bus. It is not about money, it is about safety. Every child can be bused. It would be nice to have them walk, but it is a safety concern.
Ms. Favale said regardless some children will walk from the development across the street. The traffic there is horrendous and backed up sometimes for two miles. There are businesses that they go to that are also across the street.
Councilman Weiss said the statement that children choose, part of being a parent is being responsible to tell the child he is not allowed to cross that dangerous street. He agrees that it is a dangerous situation and the guards could be killed too. We would condition the kids to cross the road and what happens after the guard is not on duty.
Councilman Kolber said he is split on this issue and has spoke to many people to get their ideas. He is also concerned that we are encouraging a dangerous situation. He believes the Traffic Safety Board has recommended against it also. Councilman McPherson said for the very reason of that false sense of security. There are people who are distracted and the crossing guards could be hit just as easily. They felt the safest place for those kids is on the bus.
Councilman McPherson said it is an option for kids to walk to school. Penny Favale said it is a community service. Councilman McPherson said you are asking the taxpayers of Clarence to pay for this option. The School District will not formally request that because they realize where they are placing themselves if they place your children in a dangerous intersection. He will not condone putting a child in harms way.
Councilman Bylewski said he is in favor of the two crossing guards. He does not consider it condoning them to walk across. He understands that they will and he would like to see them safe. It is not the School District’s authority to recommend or request a crossing guard. He has not made the motion again because he does not have the support of a second.
Ms. Favale said it is not a perfect solution, but only making a bad situation better. The majority would cross before or after school. Councilman Kolber said it would also expose more children to a dangerous situation. Ms. Favale said that intersection has a bank, medical building, funeral home, farm market, two preschools and other businesses within 500 ft. Councilman McPherson said all the more reason for the children to be on the bus. The other thing is you place them on Highland Farms and there is traffic in and out of there. As a municipality, he does not think it is a good use of our authority or tax dollars to put children into harms way. Ms. Falvale said she does not agree.
Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications: A. Clarence Men’s Softball – Mar 30, 2004; B. Clarence Rotary – Jun 4, 2004; C. Clarence Church School – Jun 5, 2004; D. Clarence High School Indoor Track – Jun 8 & 9, 2004; E. Hunter Training Seminar – Jun 12 & 13, 2004; F. Clarence Soccer Club – Jun 13, 2004. Legion Hall Applications – A. Lisa Keenehan – Mar 26, 2004; B. Clarence Center Community Association – Mar 30, 2004; C. Mike Swan – Apr 16, 2004; D. Debbie Hahn – Apr 25, 2004; E. Barbara Gill – May 5, 2004; F. Homa Khanjani – Apr 2, 2004. Park Pavilion Special Requests: A. Clarence Hollow Association/Metro Community News – May 22, 2004; and B. Clarence Rotary – Jun 4 & 5, 2004. On the question, Councilman Bylewski said he is a member of Legion B and Park A by way of disclosure. This is ministerial so he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of March 25, 2004 are approved for payment: General Fund - $119,861.84; Highway Fund - $39,265.51; Water District - $1,409.47; Lighting Districts - $980.24; Sewer Districts - $64,185.72; Capital Fund - $6,021.88; Trust and Agency 202 - $999.76; and Trust and Agency 203 - $7,362.00 for a total amount of $240,086.42. On the question, Councilman Bylewski said voucher 22137 is for Belknap Heating and Cooling, which are represented by his firm from time to time, however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.
“For the Good of the Town”
Amelia Griswold said she was not here on behalf of Penny, but she respects her opinion. Her son was dropped off 3 ½ years ago by a Williamsville School bus near the fire hall on Transit Road. He had to walk to Farmington Woods. A neighbor thankfully picked him up. She called Transit Middle School and nothing was ever done. So, they are not always safe on the bus.
Supervisor Hallock adjourned the meeting at 9:30 P.M. in memory of two longtime Clarence residents, Bill Harbison and Miriam Chaffee.
Nancy C. Metzger