04/11/07



Regular meeting of the Town Board of the Town of Clarence was held Wednesday, April 11, 2007 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 Scott Bylewski, followed by a prayer given by Donald Webster of St. Augustine's Catholic Church.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held March 28, 2007. On the question, Supervisor Hallock had a correction on page 114 in the discussion regarding cemeteries, should be “…10% by law, has to go into a trust fund." A correction on page 115 - “Town Engineer Latona will meet with Greg Ribbeck on Thursday, March 29th…" Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint Catherine Berchou to the Ethics Committee with term to expire 12/31/2010. On the question, Supervisor Hallock said the appointment is to fill the unexpired term of Sister Madelene Stauring. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board grants permission to the Town of Clarence Baseball Association, Inc. (herinafter referred to as TCBA) the use of a small trailer (a/k/a portable snack bar) at Memorial Park to be provided by the Coca-Cola Bottling Company for the purpose of selling and storing their products. This would be for the sale of soft beverages only. This resolution is also subject to: 1. Proof of Liability Insurance coverage and a current Certificate of Insurance naming the Town of Clarence as additional insured from the Coca-Cola Bottling Company provided annually. 2. Proof of Parks Department approval of location of cart. 3. That trailer will be securely stored. 4. That trailer will be staffed by a TCBA League member or other responsible adult. 5. The time period when the cart will be utilized will be May 5 - August 15, 2007. 6. That the Town will not be responsible in any way for the portable snack bar. 7. That the TCBA will be required to request permission of the Town Board for the use of the portable snack bar annually before the beginning of the baseball season.
          Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Supervisor Hallock said the first annual fishing derby was held on Saturday, March 31st at the Main Park and was a huge success in spite of the cold. She especially thanked Councilman Weiss who not only organized the event, but provided the trophies and prizes. She also thanked the student group Destination Imagination who provided refreshments and Dawn Kinney, Executive Director of the Clarence Youth Bureau for their involvement.

Supervisor Hallock announced that the Town will be posting a job opening for a Senior Clerk Typist in the Highway Department. We will ask Erie County Civil Service Department for a list of candidates that have qualified.

Supervisor Hallock said we received two checks from FEMA and SEMO in the last two weeks totaling $866,490.56. This represents 75% of the original clean up costs that was completed. Both agencies were a pleasure to work with and have been very responsive.

Councilman Bylewski echoes the comments and praise for Councilman Weiss on the fishing derby. He has heard that it was a great event.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize Supervisor Kathleen E. Hallock to sign an agreement with Leader Professional Services to consult on behalf of the Town and conduct the oversight of a Phase I ESA for the property located at 6995 Heise Road. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved that the Clarence Town Board approves the amendment to the Agricultural and Farmland Protection Implementation Grant C800601 extending the contract from April 1, 2007 to March 31, 2008 and hereby authorizes Supervisor Kathleen E. Hallock to sign said amendment.
          Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize Supervisor Kathleen E. Hallock to sign a Memorandum of Understanding with the State of New York Office of Real Property Services for the 2008 reassessment project. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Debra Fine to the Cable TV Committee to fill a vacant term to expire 12/31/07. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Councilman Bylewski said a communication was received from Time Warner Cable informing us of the launching of a new home digital phone product. They will be performing system upgrades to ensure a comprehensive launch of the service. They are also making some changes in their billing and administrative procedures. If anyone has questions, a contact number is available at the Town Hall.

Councilman Bylewski received the Central Fire Alarm Office March 2007 Operations Report. Town of Clarence fire companies responded to the following: Miscellaneous Fires - 7; EMS Calls - 133; Motor Vehicle Accidents - 16; and Miscellaneous Calls - 42 for a total of 198 alarms.

Councilman Bylewski received the March 2007 Single Family Dwelling Permit Report. There were 8 permits issued in subdivisions and 1 outside, for a year-to-date total of 16 permits issued. The March 2005 year-to-date total was 18, and March 2006 was 34 permits issued.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Albert Schultz as the Alternate member to the Planning Board with term to expire 12/31/2007. On the question, Councilman Bylewski said Mr. Schultz has been an outstanding member on the TEQR Committee and he feels he will do an excellent job on the Planning Board. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Councilman Bylewski said we now have a vacancy on the TEQR Committee for anyone interested. This will be held for one month for anyone wishing to apply.

Councilman Bylewski withdrew a motion to issue a Negative Declaration for the acquisition and funding of 5430 Old Goodrich Road. Town Attorney Steven Bengart said this is still under environmental review and should be tabled at this time. Councilman Bylewski asked that the Town Attorney coordinate the reviews of this property as well as the other properties with the Planning Department.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency status and commences a coordinated review of involved agencies on the proposed Steinwachs Open Development Area. This Unlisted Action involves the development of a 4-lot Open Development Area north of County Road and west of Heise Road in the Agricultural Rural Residential Zone. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed D'Andrea Demolition located at 5445 Salt Road. This Type I Action involves the demolition of a structure over 50 years old. After thorough review of the submitted application and Environmental Assessment Form, including review of information from the Clarence Historical Society, it is determined that the proposed demolition will not have a significant impact upon the environment. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to declare the following Clarence Highway Department equipment as surplus: 1 - 1990 Chevy 4WD Crew Cab - Serial #1GCHV33K3LF301916; and 1 - 1973 General 9-Ton Trailer, Serial #L9L73236. These items will be sold at auction. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Councilman Weiss announced that the Highway Department will not fix lawn damage caused by the storm. We have had so many agencies coming in to help us that it would be difficult to assess the responsibility and bill for it. Mr. Donner does not feel the damage was that substantial. Councilman Weiss said he is in agreement with his assessment of this issue.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing for May 9, 2007 at 8:05 P.M. to consider an amendment to the Code of the Town of Clarence to adopt Local Law No. 2 of the year 2007 - Building Construction and Fire Prevention Code. On the question, Councilman Weiss thanked Dave Metzger for working on this. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to establish a Permit Fee for permanent standby generator installations in the amount of Fifty Dollars ($50) to be effective immediately. Said fee may be amended by resolution of the Clarence Town Board from time to time as necessary. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Councilman Weiss announced that the Town received a check from PERMA in the amount of $937 for an audit refund. The Floss Agency, Pam Smith and our employees should be congratulated for this check.

Councilman Weiss said in regard to the fishing derby, he would like to thank John Burns and the Parks Department for cleaning up the pond for the derby. He thanked Dawn Kinney and Michele Orvis from the Youth Department, along with Michele's boyfriend and the youth volunteers who helped out. He thanked Wendy Salvati and the group from Destination Imagination who provided hot dogs and refreshments. He also thanked Karen Jurek who helped keep him organized.
          Councilman Weiss said the largest fish caught was 19", the most caught was 39 and the smallest fish was 5". We will do this again next year.

Councilman Weiss said we have many great events going on now in the Town like the Winterfest, Taste of Clarence, Memorial Day, Day in the Park and now the Fishing Derby. He is looking for a sponsor for the “Great Clarence Canoe Regatta". If there is a group who would like to make some money, he will go with them down to Great Valley and talk to the firemen who run one down there. They make a lot of money on this one event. The way it works is you make about 5 or 6 stops to receive a card and the best poker hand wins. Anyone interested should contact him.
          Councilman Weiss said Chip Trapper from the Recreation Department suggested a parent/child golf outing.
          If anyone has an idea, he would be happy to help.

Councilman Weiss said the Towns of Clarence, Amherst, Tonawanda and West Seneca are meeting with the DEC regarding deer abatement programs. They are looking to see if they can do something different than how they have been doing it.

Public Announcements

Town Clerk Nancy Metzger said she received resolutions adopted by the Towns of Hamburg and West Seneca in support of the “Internet Sex Crimes Against Children" legislation.
          A response was received from Senator Mary Lou Rath regarding the resolution adopted by the Clarence Town Board in support of the sex crime legislation. She noted that she has also put forth several other bills dealing with related issues.

Town Attorney Steven Bengart said he spoke with the representatives from West-Herr and based on the circumstance of one recusal from the Board tonight, they would prefer that their item be tabled and be placed on the next agenda.
          The Vice President of West-Herr Automotive Group was present and said that is their wish.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table item #11 by Stephen Development Inc. for a request for Preliminary Concept Review of a proposed retail plaza in the Commercial Zone at 10075 Main Street until the end of the meeting or until the applicant is present. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Chris Corolla requests a Pond Permit and a Special Exception Use Permit for a secondary living unit at 8720 Clarence Center Road. James Hartz said the property is just over 5 acres in the Residential Single Family Zone east of Shamrock Lane. The applicant is looking to construct a pond in the rear corner near the bike path. He is building a single family home on the site and is asking for a secondary living unit above the garage.
          Chris Corolla presented renderings of the proposed garage with the secondary living unit. Supervisor Hallock said we do have specific restrictions for secondary living units and asked if he is aware of them. Mr. Corolla said he is. The unit would be for his parents who reside in Florida and other family members who visit from Europe.
          Councilman Bylewski said the issues of concern regarding the pond are the proximity to the bike path and distance from the setbacks. He understands that it is within the setback, which prevents the Town Board from approving the request according to the Zoning Law.
          Mr. Corolla said the only reason for the pond is the drainage problem in that area of the property. He is willing to apply for a variance and put up a fence if it is required.
          James Hartz said the required setback is 100 ft. and the submitted drawing shows 20 ft. If there is some engineering reason that it must be there, he would have to go before the Zoning Board of Appeals to present his case.
          Mr. Corolla asked if the appeal was granted, would the Town Board have a problem with it. Town Attorney Steven Bengart said the Town Board does have safety issues with the proximity to the bike path.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to deny the request for a Pond Permit at 8720 Clarence Center Road for the reasons as previously stated. On the question, Councilman Bylewski said because it is a zoning issue, he can go before the Zoning Board of Appeals. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for May 9, 2007 at 7:50 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit at 8720 Clarence Center Road. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Rocco Delgrosso requests a Building Permit and Architectural Approval for additions/renovations at 6221 Transit Road. James Hartz said the location is next to the Alessi Fitness building in the Major Arterial Zone.
          A representative was present representing Mr. Delgrosso. The proposed architectural design of the remodeled structure will be identical to the existing Alessi Fitness building. The only difference being the signage. He would like to place a kiosk in the greenspace that will be in front of the building.
          Councilman Bylewski said he spoke with the Historical Preservation Committee regarding the former Floss home. There have been a lot of changes made to the building over the years, so not a lot would have to be done for historic mitigation. The other concern was connective parking lots. He understands that both lots are now under one ownership.
          The renovations will improve the parking for both buildings, with one place of ingress and one egress for both. Mr. Delgrosso appreciates the historic nature, but at the same time the property is zoned Commercial and is not economically viable as it stands. He would be willing to post a plaque or whatever is appropriate.
          Councilman Weiss said the history goes way back when it was an old trapper's shack. He added that a concern is drainage in that area.
          The representative said a barn on the property will remain and another building relocated. Everything that can be preserved on the site will be.
          Councilman Bylewski asked if they know who a potential tenant is or what may go in there. The representative said he is does not know.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by Rocco Delgrosso for a Building Permit and Architectural Approval for additions/renovations at 6221 Transit Road to the Planning Board. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Peter Taska requests a Change-In-Use from vacant to retail landscape/pond business at 8240 Main Street. James Hartz said the location is in the Traditional Neighborhood District at Westwood Road and Main Street.
          Peter Taska said his intention is to sell retail ponds and patio displays. He owns the building and the insurance agency in the building. He has adequate parking on the site. The fenced area in the back would be for outside storage or display. The front area is for parking only. Everything will be inside, except for storage in the fenced area.
          James Hartz said outside storage would require a Temporary Conditional Permit.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Change-In-Use from vacant to retail landscape/pond business at 8240 Main Street. On the question, Councilman Bylewski said this excludes outside display or storage. The business can be operated within the confines of the building. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for May 9, 2007 at 8:10 P.M. to consider the request by Peter Taska for a Temporary Conditional Permit for outside storage and/or display at 8240 Main Street. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Karen Stoll requests a Change-In-Use from Residential to Day Spa at 10580 Main Street. James Hartz said the property is located within the Clarence Hollow Overlay.
          Karen Stoll and her daughter Sandy are incorporated and leasing the property. They are a day spa providing services such as massages, nail care and skin care. They are unique in that every room has a different theme. They are not changing the outside of the building at all.
          Supervisor Hallock said the Clarence Hollow Community Character Protection Board has recommended approval of the project as presented.
          Sandy said they have been welcomed by the businesses in the Hollow and look forward to being there. This is their second location.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to grant a Change-In-Use from Residential to Day Spa at 10580 Main Street. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Janice Jabcuga/Love Your Dog requests a Public Hearing to consider a Temporary Conditional Permit for a dog boarding facility at 6989 Transit Road. James Hartz said the location is in the Old Country Barn in the Swormville Traditional Neighborhood District. It is an existing business in the building.
          Janice Jabcuga said they have decreased the size to 3,025 sq. ft. making room for 28 dogs. They would be taking down two old buildings and constructing one new building.
          Councilman Bylewski said the issues are the number of dogs and if this is an appropriate use within a Traditional Neighborhood District.
          Ms. Jabcuga said she has been very fortunate to have had the business there for the last ten years doing daycare, grooming and training. She would just like to expand her business.
          Councilman Bylewski asked if she was okay with proceeding with a Temporary Conditional Permit with the chance that it could be revoked or not renewed.
          Ms. Jabcuga said she is aware of that, but is very confident as she knows the issues are barking and smell. They run a very clean facility. She has not had a complaint with 30 dogs in daycare. The boarding facility would include an outside area enclosed by a stockade fence. It is different than a kennel and is staffed 24 hours. She invited everyone to stop in if they are in the area.
          Councilman Weiss said the idea of 70 dogs was a concern, but 30 dogs seem to be more reasonable.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for May 9, 2007 at 7:55 P.M. to consider the request by Janice Jabcuga for a Temporary Conditional Permit for a dog boarding facility at 6989 Transit Road. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Noel Tucciarone requests a Public Hearing to consider a Special Exception Use Permit for relocating an automotive repair facility to 10055 Main Street. James Hartz said the location is in the Commercial Zone. Mr. Tucciarone has been in business in that area for many years and would like to move next door to the Stevens new facility.
          Noel Tucciarone said he has been next door for 20 years and just would like to move next door. James Hartz said they have not received any complaints.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for May 9, 2007 at 8:00 P.M. to consider the request by Noel Tucciarone for a Special Exception Use Permit for relocating an automotive repair facility to 10055 Main Street. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Dennis Franklin requests a Change-In-Use from vacant to day spa at 9900 Main Street. James Hartz said the property is in the Commercial Zoning District east of Lipinoga's Florist. They are proposing a minor change to increase the glass block in the front.
          Mr. Franklin's son-in-law was present to represent him. The building was previously used as a spa. There is plenty of parking at the rear of the building. He wanted to make sure they were able to use the building for a spa and if there were any other changes, he would come back to the Town.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant the request for a Change-In-Use from vacant to day spa at 9900 Main Street. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant a Fireworks Display Permit for Brookfield Country Club for May 18, 2007 for a wedding celebration at 5120 Shimerville Road. All necessary paperwork and fees have been received. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

William Cordova regarding drainage at 10510 Main Street. Arthur Giacalone, Attorney representing Mr. Cordova was present. (Pictures were shown on the overhead screen.) His client's concern with regard to the Town of Clarence entering into a lease agreement with the owner of 10510 Main Street, is that it will condone years and years of the property rights, and the ability of his client to use his property next door. The flow of run off is from south to north and east to west. When the post office building was constructed, the land was elevated. The permeable surface that was there allowed for a gradual flow and now the water pours off onto his client's property. This has been going on for many years.
          Various pictures were shown of the elevation difference and water flowing. The drainage grade is at the southwest corner of the parking lot and flows under the parking lot and ending up on his client's property.
          Mr. Giacalone said in addition to the drainage issue, the steep slopes have caused significant erosion and his client cannot put a fence up. His client would like to see the drainage issue rectified and something done to stop the erosion. There is a retaining wall that was placed on the west boundary of the property in the front.
          They believe the Town Board has to use its resources to rectify issues. His client welcomes the use that is being proposed if there is an adequate way to have screening and privacy.
          Mr. Giacalone said he believes the approval of the lease for this property triggered the obligation to conduct a SEQR review. It would require the review of the conditions of the property and the impacts on the surrounding area. He also believes that this parcel is a pre-existing nonconforming use. Since it has not been used for more than two years, the property now has to comply with the existing zoning regulations. There are a number of provisions in the Traditional Neighborhood District and the Clarence Hollow Overlay that must be adhered to. One is that no parking is allowed in front of the building. It does not allow lot coverage greater than 60%. The small lawn area in the back is where the septic system was. His client does not feel it was properly decommissioned.
          Mr. Giacalone said the Town has the authority to require a site plan review to look at drainage, parking and landscaping. The purpose of the nonconforming use in the zoning ordinance is to have a gradual elimination of nonconformity. He does not believe it speaks well for the Town to use a building that is under such nonconformance.
          Councilman Bylewski asked how long the building was there. Mr. Giacalone said he has found reference to the post office back to 1967. He does not know when it was actually built. Mr. Cordova bought his property in 1979.
          Councilman Bylewski said a proposed drainage mitigation plan was put forth to Mr. Cordova and he understands that Mr. Cordova is not in favor of it because it does not deal with the issue of the retaining wall. Mr. Giacalone said that is correct.
          Councilman Bylewski asked if he was aware that his client has come on Town property and made threats of property damage to Town property. Mr. Giacalone said his understanding was that his client said if you want me to make a ruckus, one way is to throw a chair through a window. It is not the same as threatening to throw a chair through a window. Mr. Giacalone said if the intent is to defame his client, he will walk away.
          Councilman Bylewski said he is trying to find out the facts and circumstances. He understands that his client has some issues regarding the property next door.

Town of Clarence requests a Change-In-Use from vacant to Youth Bureau Use at 10510 Main Street. James Hartz said the location is in the Clarence Hollow Overlay.
          Dawn Kinney, Youth Bureau Director said that as the Youth Department was expanding and they became a Youth Bureau, they felt they would need more space to expand their programs. After working with several real estate brokers and looking at several sites, this site met the needs. The only changes that were needed were to make handicap accessible changes inside.
          Mrs. Kinney said the proposed plan for the building was to house the administrative offices, resource library, meeting area for training and programs. The staff would include one full-time and one part-time position and possibly another part-time position in the future. The hours would be regular hours Monday thru Friday. There is no plan for use of the site for recreation or for use outside of the building.
          Supervisor Hallock said a Youth Bureau is more about youth services and not about recreation.
          The owner of the property, Francis Owczarczak said he and his sister own the property. They feel they have a beautiful, well maintained building. He began contacting the NYS DOT in 2002 when the Main Street project was being proposed so that he could take care of the drainage issue. He spoke with Mr. Dougherty from the DOT and the neighbor, but the neighbor refuses to allow them access to fix the drainage. The Town Engineer has tried to help too, but the neighbor is demanding too much. He wants a break wall to be put up along the entire property line for the use of the drainage system that was originally supposed to be on his property. It was put on Mr. Cordova's property and it cannot be used because it is too shallow. He has not cooperated in any way.
          Mr. Owczarczak said he has tried very hard to work with the Town and the NYS DOT, but we have not had any help or concession from the neighbor. He thinks a lot of the problem is from Mr. Cordova's property on the west side of Mr. Owczarcak's property. The water flows from Mr. Cordova's property onto the parking lot and back on to Mr. Cordova's property. Mr. Cordova's property surrounds Mr. Owczarczak's property. Mr. Owczarczak asked all of the neighbors many years ago to get together to resolve the drainage issue. They asked Mr. Cordova to consider an easement to drain to the creek and he refused. His property drains onto other properties below him also.
          Mr. Owczarczak said he was willing to replace the drain pipe to tap into the pipe in front of Mr. Cordova's property, but that is when he said he wanted a break wall. That would cost $15,000 - $20,000. He would appreciate a resolution so that we can all move on.
          Councilman Weiss said he would not be comfortable unless there was a strong written agreement that our Town Attorney approves of because of the personalities involved. If you buy a property on a hillside, you have to expect that kind of situation. You have to have an agreement with the parties involved.
          Supervisor Hallock said there are too many issues. It appears that the remedy will not be put in place. It would be difficult for the Town to go forward with this animosity taking place.
          Mr. Owczarczak said it should be known that he has attempted to put a receiver in there and Mr. Cordova stopped the State from doing it and had it put on his property.
          Councilman Bylewski said we have spoke with the engineer about the drainage issue, but Mr. Jocaolone brought up some legal issues that our Town Attorney will need time to look at.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request for a Change-In-Use from vacant to Youth Bureau Use at 10510 Main Street. On the question, Councilman Bylewski said for the Town Attorney to take a look at the issues that Mr. Giacalone mentioned under item 21. Councilman Weiss said he has met with Mr. Latona on a number of drainage issues and he certainly has the expertise to solve them, but it takes cooler heads and some cooperation to get them done. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Stephen Development Inc. requests Preliminary Concept Review of a proposed retail plaza in the Commercial Zone at 10075 Main Street. James Hartz said the location is in the Commercial Zoning District east of Rock Oak Estates. The proposal includes a 9,000 sq. ft. Dollar General and a 16,000 sq. ft. retail plaza.
          Noel Dill said they are seeking referral to the Planning Board to proceed with the project in accordance with the Town codes. They do not have any renderings at this point.
          Councilman Bylewski said there is concern about the standard Dollar General look.
          Supervisor Hallock added that there are minimum standards for commercial buildings that will have to be met.
          Councilman Weiss suggested they speak with Dollar General up front about the design.
          Mr. Dill said they do understand that. They are looking for input from the Town.
          Councilman Bylewski said another area to consider is connectivity to adjacent commercial properties.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request for Preliminary Concept Review of a proposed retail plaza in the Commercial Zone at 10075 Main Street to the Planning Board. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Clarence Log Cabin Quilters - April 28, 2007; B. Clarence Democratic Committee - April 16, 2007; C. Clarence Youth Center, Inc. - April 27, 2007; D. Federated Gardner's Group - May 12, 2007; E. Clarence Senior Center - Oct. 5 & 6, 2007; F. Clarence Hollow Association - Dec. 6, 2007; Legion Hall Applications - A. Clarence Republican Committee - April 16, 2007; B. Tony DeGregory - June 3, 2007; C. Blake Burgher - June 16, 2007; D. Clarence Youth Bureau - July 17 & 20, 2007. On the question, Councilman Bylewski said that upon the Town Attorney's advice, he is a member of Clubhouse items B and F, as they are all members of various organizations in the Town, however, this is ministerial and he will be voting. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of April 5, 2007 are approved for payment: General Fund - $74,711.88; Highway Fund - $23,752.75; Community Development Fund - $13,079.60; Water District - $327.00; Sewer Districts - $386.06; Capital Fund - $8,825.00; Special Revenue - $1,500.00; Trust and Agency 202 - $3,353.82; and Trust and Agency 205 - $821.49 for a total amount of $126,757.60. Upon roll call - Ayes: All; Noes: None. Absent: Councilmen Bernard Kolber and Patrick Casilio. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:10 P.M. in memory of John Vesper, a longtime resident and wrestling coach in the Town; and in memory of Veronica Hall, the grandmother of Councilman Bylewski's wife Rebecca.

Nancy C. Metzger
Town Clerk