04/12/06


A Work Session of the Clarence Town Board was held on April 12, 2006 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 member’s Scott Bylewski, Joseph Weiss and Pat Casilio. Councilman Kolber was absent. Other Town Officials present were Deputy Supervisor Anne Case, Senior Code Enforcement Officer David Metzger, Director of Administration and Finance Pam Smith and Town Engineer Joseph Latona.

Director of Community Development – James Callahan

Public Hearings:

William Riester 6085 Gott Creek Trail
Public Hearing @ 7:45 PM to consider the request for a Special Exception Use Permit for a secondary living unit at 6085 Gott Creek Trail. The proposed site is located on the southeast corner of Gott Creek Trail and West Point Drive in existing single-family home located on approximately .65 acres in the Residential Single Family zone. The applicant has indicated that this is not an in-law apartment however the building department has said it could be converted to an apartment.

Formal Agenda items:

Brawdy Construction 9795 County Road
Applicant requests a Special Exception Use Permit for an automotive repair shop at existing facility. The proposed site is located on the south side of County Road, east of Goodrich Road at existing Construction Company located on 4.3 +/- acres in the Industrial Park Zone.

Dave Luce 6034 Goodrich Road
Applicant is requesting a building permit for construction of a detached accessory structure within the Traditional Neighborhood District meeting all setback requirements. The proposed site is located on the west side of Goodrich Road, south of Maple Street at existing single-family residential property located on .5+/- acres. The architectural style will match existing character of the area.

Tim Krantz 8960 Lapp Road
Applicants requests Concept Plan approval for a 15 lot subdivision in the Agricultural Flood Zone. The proposed site is located on the north side of Lapp Road, west of Heise Road at existing topsoil operation located on 55+/- acres, zoned Agriculture Rural Residential. Areas of concern are lack of adequate facilities to accommodate the increased development, lack of public sewers to service the area, extension of a public road which would not provide any community benefit.

Larry Wood 9215 Clarence Center Road
Mr. Wood runs Neon Graphics which is located in a rented facility down the street at Clarence Center Road and Heise Road. He is proposing to move his business operation to his own property at 9215 Clarence Center Road (corner of Clarence Center Road and Thompson Road) zoned Traditional Neighborhood District. Applicant is requesting approval for the construction of a 48’ x 64’ pole barn type structure to operate his business out of. It is a small operation with one employee. The size and architectural style of the proposed building are areas of concern.

Clarence Center VFC
Clarence Center Volunteer Fire Company requests approval to demolish Williams Hall (the original fire hall) located on the south side of Clarence Center Road, west of Goodrich Road. The existing vacant structure is located on .2 of an acre in the Clarence Center TND. The building is a historic structure greater than 50 years old.

Ann Redmond 9180 Milton
Applicant is seeking public dedication of the previously constructed road. The proposed site is located south of Main Street, east of White Acres Road as an extension of Milton Lane. There was an extension of the public road but it was never dedicated. Existing lots at the end of the extension may become acceptable building lots.

Lori Dinki 9030 Fairways Circle
Applicant requests a Public Hearing for a Special Exception Use Permit for a secondary living unit/in-law apartment. The proposed site is located on the north side of Fairways Circle, west of Willowbrook Drive in existing single-family residential unit on .64 acres. The area is located in a residential classification.

Frey’s Old Time Furniture 9992 Main Street
Applicant requests a seasonal ice cream/hot dog stand in the parking area at existing furniture store. The proposed site is located on the north side of Main Street, east of Kraus Road on 8.2+/- acres in the Commercial Zone. Per the Peddling and Soliciting Local Law, the Town Board may approve a seasonal stand.

Marta Carney/Noveltea 6045 Goodrich Road
Applicant request a Public Hearing for a Temporary Conditional Permit for outside dining at existing tea/book store located in the Traditional Neighborhood District. The proposed site is located on the southeast corner of Goodrich Road and Maple Street.

Eastern Hills Wesleyan Church 8445 Greiner Road
Applicant requests a Public Hearing to consider a Special Exception Use Permit for a church facility in excess of 10,000 square feet. Applicant is proposing to construct a 28,000+/- square foot addition to existing church. The proposed site is located on the south side of Greiner Road, west of Harris Hill Road on 34+/- acres in the Residential Single-Family Zone.

Work Session items to be considered at the April 26, 2006 Town Board meeting

Carlton Thompson – Herr Road
Applicant requests Concept Plan review for a 16-lot subdivision. The proposed site is located on the west side of Herr Road, south of Keller Road on existing vacant land consisting of approximately 57 acres and 2000+/- feet of Herr Road frontage in the Residential Single-Family Zone within Clarence Sewer District #2. Applicant is proposing to develop up to 16 frontage lots. Areas of concern include the development of frontage lots and the adequacy of infrastructure to support the additional growth.

Town Engineer Latona stated that there are sewers on Keller Road and Mr. Thompson’s proposed development is in Sewer District #2. There is a lift station in Forest Creek Subdivision on Keller Road which was installed and paid for by the developer. Mr. Thompson was asked to share in the cost of the lift station and he chose not to. The pump station needs to be upgraded to handle all the vacant land in the sewer district.

Carlton Thompson – Herr Road
Applicant requests a fill permit along the west side of Herr Road. The proposed site is located on the west side of Herr Road, south of Keller Road on existing vacant land in the Residential Single-Family Zone. Applicant is seeking to fill a low area before future residential development. Per the Dumps and Dumping Local Law, the Town Board has discretionary authority to approve filling operations. Engineering review and approval is required.

Harold Shed 9675 Tonawanda Creek Road
Applicant is seeking approval to split two residential lots from the parent parcel. The proposed site is located on the south side of Tonawanda Creek Road, east of Goodrich Road consisting of 54+/- acres of vacant land in the Agriculture Zone. One single family home exists on the parcel. The proposed lots conform to the Zoning Law.

Chris Carolla 8710 Clarence Center Road
Applicant is seeking approval for a 2-Lot Minor Subdivision. The proposed site is located on the north side of Clarence Center Road, west of Shimerville Road on an existing 5+/- acre parcel located in the Residential Single Family Zone. A demolition permit was recently issued to remove the old farmhouse on the property. The proposed lots conform to the Zoning Law. A question came up at the Zoning Board of Appeals regarding setbacks one house would set back 100’ from the road and the other house would be set back 400 feet.

Saffire Grill 9780 Main Street
Applicant requests a Public Hearing for a Temporary Conditional Permit for outside dining for the summer months. The proposed site is located on the north side of Main Street, east of Spaulding Drive at existing restaurant located on .7+/- acres zoned Commercial. Hours of operation and noise should be addressed.

Dr. Hallac 5445 Transit Road
Applicant requests a Building Permit and Architectural approval for a 5,200 square foot addition to the existing Eastern Transit Plaza. The proposed site is located on the east side of Transit Road, south of Roll Road at existing plaza located on 13.4+/- acres zoned Major Arterial.

Dave and Pat Bittar – corner of Wolcott and Kenfield Road
Applicants request a pond permit. The proposed site is located on the southwest corner of Wolcott Road and Kenfield Road intersection on existing vacant land consisting of approximately 8 acres, zoned Agriculture Flood Zone. Applicant is proposing to construct a pond in advance of a new home. All spoils are to remain on-site for the new home development. A Flood Plain Development Permit will be required.

Carl Frizlen 9435 Main Street
Applicant requests Concept Review for a 3-story 21,000 square foot office building. The proposed site is located on the south side of Main Street, opposite Goodrich Road intersection on existing vacant land consisting of 21.3+/- acres with 300+/- feet of road frontage, zoned Commercial along the frontage/Agriculture Rural Residential to the rear. The project was previously referred to the Planning Board and the Planning Board is referring the matter back to identify changes to the proposed size and scale of building. Areas of concern include wetlands to the rear of the property. On-site sanitary sewage disposal and drainage issues with poor soils and rock near the surface. The side and scale of the proposed structure and tree preservation.

Joe Nemmer 9330 Lapp Road
Applicant requests Concept Approval for a one-lot Open Development area. The proposed site is located on the north side of Lapp Road, west of Goodrich Road on existing Agriculture Rural Residential property located on 26.7+/- acres and consisting of a single-family residence. Applicant is seeking Town Board approval to amend previously approved minor subdivision on the lot to create a 100’ frontage lot for the purpose of creating a one lot Open Development area. An amendment to previously presented and approved minor subdivision application – creating an additional lot. The Planning Board forwarded a recommendation to approve the one-lot Open Development Area Concept Plan.

Joe and John Rubino 8850 Clarence Center Road
Applicants request a recommendation as to subdivision design, interpretation of setback and determination on sewer extensions to service a proposed 36-lot subdivision. The proposed site is located on the southwest corner of Shimerville Road and Clarence Center Road on existing vacant land consisting of approximately 45+/- acres zoned Residential Single-Family. The area is located in a residential classification. The applicant is proposing a 36+/- incentive lot design, preserving 25% of the overall property as green space. Per the Subdivision Law, the Town Board has final authority to approve subdivision design and whether an Open Space Design is utilized. In addition, the Town Board has final authority to approve out of district status in Clarence Sewer District #6. The Planning Board is requesting an interpretation of the Subdivision Law concerning a 200’ setback from public roads. Areas of concern include subdivision design, sewer capacity and status and subdivision law interpretation. Councilman Bylewski stated that the Planning Board questioned how this project could go forward without some sort of agreement on the sewer issue.

Norm Castine 7050 Goodrich Road
Applicant is requesting Town Board approval for a Residential Development denied by the Planning Board. The proposed site is located on the west side of Goodrich Road between Martin and Lapp Road on existing vacant land consisting of approximately 28.7 acres zoned Agriculture Rural Residential. Applicant is proposing a public road extension to service 12+ residential lots with a two acre minimum. The Planning Board has forwarded a recommendation to deny the request and proceed with a 5-lot Open Development area as previously designed. Mr. Castine asked if there was a reason why the town did not want a public road. Supervisor Hallock stated that there is no benefit to the Town; it is not a through street. Mr. Castine indicated that the town would realize $100,000 in taxes. Councilman Weiss stated that a public road does not benefit the town, it will benefit the developer and the tax payer would incur the expenses of a public road. Mr. Castine stated that he has $500,000 invested in the project. He did his homework before he bought the land. The reason why Mr. Castine did not want to go with the 5-lot Open Development was because a member of the Planning Board told him he had to give 100 foot buffer in the back yard on every lot and he did not think that was fair. Mr. Castine does not think there is anything wrong with the twelve lots. Supervisor Hallock said that it has always been identified that the Town does not want a public road.

Supervisor Kathleen Hallock

GBNRTC grant meeting is scheduled for May 2, 2006. There are thirteen projects that quality and one of them is provisional facilities for bicycles and pedestrians. Supervisor Hallock would like to see more sidewalks down Main Street. This is a 20% match.

Supervisor Hallock will accept Town Historian Mark Woodward 2005 report.

Supervisor Hallock will announce the four motions that were made at the April 5th morning Work Session.

Transfer of funds in General Fund to finish cleaning up the soil at Salt and Greiner Roads.

Supervisor Hallock received a faxed copy of a Resolution the Town of Lancaster passed regarding the Ogden Street and Breckenridge toll barriers.

Chip Trapper will be using the Youth Center site for street hockey again this year for summer recreation. He has discussed this with Parks Crew Chief John Burns. They will not be using the inside of the building.

Supervisor Hallock asked Director of Administration and Finance Pam Smith to meet with the Board to explain GASB No. 45. This will have a big impact on the town.

Councilman Scott Bylewski

Councilman Bylewski will make a motion appointing a Hearing Officer for a public hearing to be held at East Amherst Fire Company, Inc. regarding the purchase of fire equipment.

Councilman Bylewski received the fire alarm report for March 2006.

Councilman Bylewski will adopt a Resolution regarding the National Incident Management System (NIMS) which will provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity.

Councilman Bylewski received correspondence from Adelphia.

Correspondence was received from a resident stating his displeasure relative to the Town giving Dan Singer approval to clear his property at 8353 Main Street (corner of Main Street and Susan Drive) in advance of a future development. It is Councilman Bylewski understanding that once the weather clears, Mr. Singer will reseed the area.

The Planning Board discussed the David Zych situation relative to parking on Candlewood Lane at night. It is a non-enforceable situation.

Councilman Bylewski has one item to discuss in Executive Session regarding the appointment of individuals.

American Legion Post #838 is requesting permission to parade down Main Street on Memorial Day, May 29, 2006. If the weather is inclement, the parade will be canceled however, the memorial ceremony will be held in the Town Park Clubhouse.

Councilman Bylewski will appoint four youths to the Youth Advisory Council. He will also announce that there is one vacancy. The Chairperson is Holly Zuffranieri and April Reger is secretary.

A joint Recreation Advisory Board and Youth Advisory Council meeting will be scheduled.

Councilman Joseph Weiss

Interviews of candidates from the list provided by Civil Service were completed during the week of April 3, 2006. Town Engineer Latona is recommending the transfer of Valerie Krawczyk, Senior Clerk from the Highway Department to the Building Department. Ms. Krawczyk current rate of pay and benefits will not change. Carol Walsh has retired from the Building Department as of March 31, 2006.

Highway Superintendent Ted Donner is recommending the appointment of Rita Felschow to the position of Senior Clerk Typist in the Highway Department effective April 24, 2006.

Councilman Weiss will make a motion agreeing to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for one additional hydrant as part of the Kraus Road water main extension.

Councilman Weiss has a Resolution approving Change Order #1 to Goodwin Electric Corporation in the amount of $2,358.00 for extra work necessary to remove extra large debris buried along the excavation.

Councilman Weiss has one item to discuss in Executive Session relative to the history of a corporation.

Councilman Weiss announced that the Day in the Park Committee has collected approximately $6,000 in donations to date.

Councilman Weiss said that Town Engineer Latona had mentioned to him that not only was there one group meeting with Sewer District #5 but there is another group that has met with SD#5 and that a developer wants to bring his own sewer in again without including the Town of Clarence in any discussions. There have been two instances where developers have worked with the Town of Amherst and the state and try to do developments in the Town of Clarence without involving the Town.

Councilman Bylewski suggested that all sewer related issues be grouped together and put on one agenda so they can be resolved. It is getting to the point where the Town Board must make policy determinations if we don’t have the capacity to go forward we need to sit down and make that policy determination so it is consistent across the board. We need to make a determination planning wise based on the sewer capacity.

Councilman Pat Casilio

Councilman Casilio has asked Paralegal Cindy Rosel to pull any documents on the Senior Center to see how the Town Board got to the point of appointing three Senior Center Board of Directors per council person. Councilman Casilio would like to see the Senior Center choose at least five board members in the future.

Councilman Casilio is working with three citizens to review the Senior Center ad-hoc committee report.

Councilman Casilio has contacted the Blue Collar Union Representative to discuss negotiations. He is waiting to hear from their attorney.

Councilman Casilio is also going to form a Labor Relations Committee to meet occasionally or on an as needed basis.

Supervisor Hallock and Councilman Casilio met with Parks Security two weeks ago; they are working on a policy and procedures manual. Parks Security has two openings at the present time that they are trying to fill. There was a discussion relative to the need for security during the winter months since our parks are closed at that time.

Councilman Casilio has a request from NEST regarding the filing of a recycling report. The Town Clerk’s office can supply the information needed regarding recycling by all licensed disposal companies in town.

The question of compost bins came up again, it was suggested that Garden Friends of Clarence take orders for the bins and get the money up front.

Councilman Casilio has put a Sidewalk Task Force ad-hoc committee together to see about restoring the entrance to Nottingham Terrace. Town Engineer Latona stated that we have a grant for sidewalks. Councilman Bylewski stated that the pillars are on private land. Town Attorney Bengart is going to write a letter to the land owner and ask if they can be moved.

The Traffic Safety Committee will meet in two weeks.

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

There being no further business, the Work Session adjourned at 7:22 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Casilio to adjourn the Executive Session at 7:32 P.M. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, April 12, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:37 P.M. Pledge to the flag was led by Councilman Patrick Casilio, followed by a prayer read by Supervisor Hallock.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the meeting held March 8, 2006 as received. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Casilio to accept the minutes from the previous meeting held March 16, 2006 as received. On the question, Councilman Bylewski said he will recuse, as he did not attend the meeting. Upon roll call – Ayes: Councilmembers Casilio, Weiss and Supervisor Hallock; Recuse: Councilman Bylewski; Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to retain Kasprzak and Klotzbach Architects to oversee the construction at the Genealogy Museum at a fee not to exceed $800. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to authorize the transfer of $1,000 in the General Fund from A 5010.1 Personal Services to A 8730.472 Beautification and Maintenance of the Bike Path. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to accept the Town Historian 2005 Annual Report. On the question, Supervisor Hallock said this is Mark Woodward’s fourth year as Historian. He was involved in many activities during 2005 including: slide presentation to elementary school, attending Historical Society Meetings, membership in Clarence Hollow Association and Co-Chair of the Bicentennial Committee. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Supervisor Hallock said it is the practice of the Town Board to announce any actions that took place at work sessions. The following motions were passed at the meeting held April 5, 2006:
          All bids received on March 17, 2006 for the Rails to Trails Additions were rejected and another motion made to set a new bid date of May 10, 2006. The project is identified as NYSDOT PIN 5756.90.
          A motion was passed to waive the Open Space Fee on an addition to a building. It was also reaffirmed that the Town does not waive charges for building or plumbing permits.
          Authorization was given to the Town of Clarence Baseball Association to put up advertisement signs on Memorial Park outfield fencing for a period of one year, to be renewed annually. The signs will be white facing the field with green backing. Any replacement signs will conform to these regulations.

Supervisor Hallock said Councilman Kolber asked her to remind everyone of the Resident’s Forum that will be held on Monday, April 24th at 7:00 P.M. in the Town Hall Auditorium. This is the third annual forum to give residents the opportunity to bring up any topic they would like.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Authorizing the Supervisor to sign the “Appointment of Hearing Officer” appointing Kenneth Rusin, President of the East Amherst Fire Department, Inc. as Hearing Officer to conduct a public hearing on May 3, 2006 at 7:00 p.m. at the East Amherst Fire Department at 9100 Transit Road, East Amherst, New York in relation to the proposed borrowing by the East Amherst Fire Department, Inc. to finance the purchase of certain fire equipment.
          On the question, Councilman Bylewski said this is a procedure that the Town has to make the appointment of a hearing officer. The fire company is looking at borrowing monies for the purchase of a new fire truck.
          Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski received the Central Fire Alarm March 2006 Operations Report. Town of Clarence fire companies responded to the following: Structure Fires – 1; Miscellaneous Fires – 11; EMS Calls – 116; Motor Vehicle Accidents – 13; and Miscellaneous Calls - 38 for a total of 179 alarms.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          It is hereby resolved by the Town of Clarence, State of New York that:
          Whereas, In Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and
          Whereas, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and
          Whereas, it is necessary that all federal, state, local and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and
          Whereas, to facilitate the most efficient and effective incident management, it is critical that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualifications standards, uniform standards for planning training and exercising, comprehensive resource management and designated incident facilities during emergencies or disasters; and
          Whereas, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state’s ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety and streamline incident management processes; and
          Whereas, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs; and
          Whereas, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.
          Now therefore, be it
          Resolved, that the Clarence Town Board does hereby mandate the National Incident Management System be utilized for all incident management in the Town of Clarence; and be it further
          Resolved, that this take effect immediately.
          Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski said the first meeting of creditors for Adelphia was adjourned, a standard procedure in Chapter 11, to May 31, 2006 at 2:00 P.M. at the same location.

Councilman Bylewski said the March 2006 Single Family Dwelling Statistics from the Building Department are as follows: 9 building permits issued in subdivisions, and 7 outside for a total of 16. The year-to-date as of March 2006 is 34 permits issued. The year-to-date for March of 2004 was a total of 40 permits issued and through March of 2005 there were 18 permits issued. The numbers have increased since we are no longer under the moratorium.

Councilman Bylewski said a local law was recently passed by the Town Board formalizing our SEQR process as it relates to the Municipal Review Committee, essentially becoming a new committee called the “Town Environmental Quality Review Committee” (TEQR Committee).
          Motion by Councilman Bylewski, seconded by Councilman Weiss to make the following appointments to the Town Environmental Quality Review Committee (TEQR) formerly known as the Municipal Review Committee: Matthew Balling, Chairman, Paul Shear and John Moulin, with terms to expire 12/31/06; Lisa Beaser and Richard McNamara with terms to expire 12/31/2007 and Albert Schultz with a term to expire 12/31/08. On the question, Councilman Bylewski said there is still a vacancy for a 3-year term. Anyone else interested should have their application in within the next week. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski said there is still an opening on the Historic Preservation Committee for anyone interested.
          Councilman Bylewski announced that the American Legion Post #838 is holding their Annual Memorial Day Parade on May 29, 2006. The parade will start at the Clarence Senior High School at 11:00 A.M. proceeding easterly to the Clarence Town Park. If weather is inclement, the parade will be canceled and the ceremony will be held in the Town Park Clubhouse. He asked that the Supervisor notify all proper authorities.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint the following youth as members of the Youth Advisory Council for a term of one year: Craig Levan, Julia Fay, Kelsey Anderson and Katelynne Hein. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski said there is still one vacancy on the Youth Advisory Council.

Councilman Weiss announced that Carol Walsh has retired from her position in the Building Department effective March 31, 2006. He thanked her for many years of service to the Town.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the transfer of Valerie Krawczyk, Senior Clerk in the Highway Department to the Building Department with no change to her salary or benefits. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Rita Felschow, 8925 Sesh Road as Senior Clerk Typist in the Highway Department effective April 24, 2006. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize Tecsmith Environmental Services to conduct manhole inspections in Clarence Sewer District No. 2 at a cost not to exceed $8,000 to be paid from account 13.1830.434.1302. On the question, Councilman Weiss said this is to check for water coming into the sewer line. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval for Change Order No. 1 to Goodwin Electric Corporation in the amount of $2,358 for extra work necessary to remove large debris (concrete, blacktop and cobblestone) buried along the excavation. A larger machine and replacement blacktop was required. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to agree to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for one additional hydrant as part of the Kraus Road watermain extension. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Weiss announced that Animal Control Officer Jerry Schuler is going to be doing some teaching at the police academy. He has been selected to give the two-week course.
          Councilman Weiss said there will be a meeting of the Day in the Park Committee on April 13th at 8:00 A.M. in the Large Pavilion. Anyone who would like to join in should contact Chuck Eckert.
          Councilman Weiss announced that there will be an Easter Egg Hunt on Saturday at the Main Street Park.

Councilman Casilio announced that there are two openings in the Park Security Department, an opening on the Recycling Committee and two openings on the Traffic Safety Board. Applications are available on our website or at the Supervisor’s office.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit at 6085 Gott Creek Trail. James Callahan said the location is at the southeast corner of Gott Creek Trail and West Point Drive consisting of approximately .65 acre in the Single Family Residential Zone. The applicant is proposing an addition for an in-law residence.
          Nancy Riester said this is still a single family home with no separate utilities or entrance. They put in a handicap ramp in the garage that enters that portion of the house. It is a bedroom, bath and a den, without a kitchen.
          Councilman Bylewski read the definition from the Zoning Law. The use is for family members and not to be used as a rental unit.
          Nancy Riester said after her parents no longer live there, it will become part of their living space.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.
          Motion by Councilman Casilio, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board after a public hearing duly held on April 12, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, William Riester, for a secondary living unit to be constructed as an addition to the existing single-family residential home located at 6085 Gott Creek Trail subject to the following conditions: 1. Shall only be utilized as a familial/in-law apartment. 2. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the secondary unit to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney. 3. Proof of filing of the approved deed is required and must be submitted to the Town Attorney. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Jonathan Capozzi, a 15 yr. old resident of the Town is proposing a BMX/skate park facility for the residents of Clarence. There are many other athletic facilities for the residents, but no skate facility. He believes that it may also please the residents who have been campaigning for an ice rink. Mr. Capozzi submitted petitions signed by many kids and adults supporting his proposal.
          Jonathan has done some research and found Webster, a town near Rochester, demographically similar to Clarence. The Webster Town Supervisor wanted a facility for the children to use rather than the streets and private property. Their insurance and maintenance costs are low compared to field sports and there have not been any unforeseen problems in two years. Other special events and concerts have been held at the facility also. Webster’s facility is unsupervised like any other park, so there are no employee costs.
          Jonathan also spoke with Ronald Nesbitt of Orchard who recently put in a small park. They have seen decreased incidents of disturbances caused by skateboarders on the village sidewalks and streets.
          Mr. Capozzi has the support of over 250 children and adults in the community so far and is sure there are many more involved in these extreme sports. He used to go to Pipe Dreams Skate Park at Main and Transit and now has to travel to Hertel Avenue.
          Jonathan would love to see one built close to the Town Hall for easy access. He believes the “bowl type” would work best and would fit on ¼ of an acre of land. There are probably 25 acres of soccer fields and another 25 for baseball.
          Jonathan believes that for a relatively small cost, kids in Clarence would have an outlet after school and in the summer months without the pressure of organized sports teams. He is passionate about riding BMX. He thanked the Town Board for their time and consideration.

Councilman Bylewski said we are taking a look at all youth activities to provide better programs for youth in the Town. As part of the Parks and Recreation Master Plan that is being worked on, it is proposed that we investigate the possibility of small skate parks. It would be good to take a look at the petitions to see where the interested youth are located.

Councilman Weiss said Jonathan made a terrific presentation for a man his age. He told him to call in two weeks to set up a meeting with the Youth Director and the Recreation Director and we will start talking about this.

Brawdy Construction requests a Public Hearing to consider a Special Exception Use Permit for an Automotive Repair Operation at 9795 County Road. James Callahan said the location is the south side of County Road, east of Goodrich. The existing construction business is in the Industrial Business Park Zone.
          James Brawdy said he is in the construction business and is not looking to be in the automotive repair business. His intent is to inspect his own vehicles and not for the public.
          James Callahan said this process is necessary because a State Inspection Permit requires approval from the Town.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing May 10, 2006 at 7:45 P.M. to consider the request for a Special Exception Use Permit for an Automotive Repair Operation at 9795 County Road. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

David Luce requests a Building Permit and Architectural Approval for an accessory structure in the Traditional Neighborhood District at 6034 Goodrich Road. James Callahan said the property is located on the west side of Goodrich, south of Maple consisting of approximately a ½ acre.
          The contractor said it will be a 20’x 24’ wood-frame structure with white vinyl siding to match the house. It will be the only garage.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant the request for a Building Permit and Architectural Approval for an accessory structure in the Traditional Neighborhood District at 6034 Goodrich Road as stated. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Tim Krantz requests Concept Plan Review for a 15-Lot Public Road Subdivision at 8960 Lapp Road. James Callahan said the location is the north side of Lapp Road, west of Heise Road consisting of approximately 65 acres zoned Agricultural Rural Residential.
          Tim Krantz and Don Swanson were present. Tim Krantz said he is very excited about this project that focuses on nature aspects.
          Supervisor Hallock said they do not look favorably on public roads that do not benefit the public. They are asking all developments to look at private roads.
          Councilman Bylewski questioned the length of the roadway with only one entrance/exit to the subdivision.
          Councilman Weiss asked how the sewage would be handled and it would be septic systems.
          Tim Krantz said his intent is for 4,000+ sq. ft. homes to be built. This is a very unique proposal with habitats and water features. He would like to create something with the family property relative to preservation.
          Councilman Bylewski said he likes the ideas of the conservation area and the nature walks. He believes that the best way to approach this may be an open development area.
          Councilman Casilio said if the road was built to Town specifications and at some point it went out at another access, it might be able to be deeded over to the Town. Supervisor Hallock said that could be a possibility.
          Councilman Bylewski asked if Mr. Krantz considered an open development area. Mr. Krantz said he did, but economically to be able to do everything he is proposing it would be difficult to do with only six lots rather than 15.
          Councilman Bylewski said he has a problem making the referral to the Planning Board knowing we have the concern about the public road. It could be tabled until it comes back as an open development area or refer it on as a public road.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request for Concept Plan Review for a 15-Lot Public Road Subdivision at 8960 Lapp Road to allow the applicant to come forward with an open development area application if he so desires and at that time it can be placed back on the agenda. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.
          Larry Wood requests a Building Permit and Architectural Approval for a custom workshop in the Traditional Neighborhood District at 9215 Clarence Center Road. James Callahan said the location is the southwest corner of Clarence Center and Thompson Roads at an existing single family residence in the Clarence Center Traditional Neighborhood District. The applicant is proposing to relocate an existing business to this property.
          Larry Wood said he is proposing a metal building. Councilman Bylewski said a metal building is prohibited in the TND. The size of an accessory building is limited to 720 sq. ft. Mr. Wood said it is the same as the building he is in across the street at Munroe Products. The proposed building is 3,000 sq. ft.
          Mr. Wood said his business is a small glass blowing business with two full time employees besides himself. There are about three trucks that come to the building per week. Materials coming in are only once or twice per month. Almost everything is shipped out. He wanted the height to possibly put in a mezzanine for storage.
          Councilman Bylewski said the proposed building does not conform to the TND zoning. He asked the applicant if he would prefer the project be denied or tabled so that he could come back with a different plan. Mr. Wood said this was the type of building that worked with his budget and anything else would be out of his range.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to deny the request for a Building Permit and Architectural Approval for a custom workshop in the Traditional Neighborhood District at 9215 Clarence Center Road. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to table the request by Clarence Center Vol. Fire Company for a Demolition Permit for a structure over 50 years old at 9415 Clarence Center Road until the applicant is present. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Ann Redmond requests a Public Road Dedication for the end of Milton Lane as developed. James Callahan said the property is located on an existing stub street, which is an extension of Milton Lane. It was constructed in the 1980’s and never dedicated.
          Ann Redmond was present.
          Councilman Bylewski asked if the Town Engineer and or the Highway Superintendent have looked at this road. Town Engineer Latona said they have and at this point, it does not meet any Town specifications. Councilman Bylewski said that is the problem. Supervisor Hallock said they have researched this and it did not meet specifications 20 years ago either.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board denies the request of the applicant, Ann Redmond, for the dedication of the end of Milton Lane as developed to the Town of Clarence. The road does not meet current Highway specifications nor has the road ever met the required Highway specifications for acceptance of a road by the Town.
          On the question, Councilman Casilio asked that the Town Engineer or the Highway Superintendent send Ms. Redmond the Town Road Specifications in case she would like to make the improvements. Ms. Redmond asked if the Town would continue to maintain it. Supervisor Hallock said she understands that it is used as a turnaround and she does not believe that will change.
          Upon roll call - Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Lori Dinki requests a Public Hearing for a Special Exception Use Permit for a secondary living unit as an in-law apartment at 9030 Fairways Circle. James Callahan said the property is located on the north side of Fairways Circle, west of Willow Brook Dr. It is an existing single family residence.
          Lori Dinki said she is proposing a mother-in-law suite addition to her current home, where she would live. Her daughter and son-in-law would live in the larger portion of the home. She has lived here for 25 years and would like to stay, but live in a smaller area.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for May 10, 2006 at 7:50 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit as an in-law apartment at 9030 Fairways Circle. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Frey’s Olde Time Furniture requests a seasonal ice cream/hot dog stand at the existing furniture store at 9992 Main Street. James Callahan said the property consists of approximately 8.2 acres in the Commercial Zone. A Peddling and Soliciting Permit would also be required.
          The applicant said he would use a 10’x 12’ pull behind trailer. He would operate from June 1st thru October 1st from 11 am to 5 pm every day.
          Councilman Bylewski said one of the concerns is multiple uses on this property in light of the parking and outside storage. The biggest concern is the traffic circulation and how it would impact the current parking situation.
          Councilman Weiss said he is also concerned about the traffic and children running to and from the display toys to the ice cream stand.
          Councilman Casilio said he has concerns also and would like to see something more than an X on a drawing. He would like to see what the trailer looks like and a traffic plan.
          Councilman Bylewski said there is also a concern about the trailer being placed in what little greenspace remains at the front of the property.
          James Callahan said the intent of these seasonal type sales is that the trailer is removed from the site at the end of the season.
          Councilman Bylewski asked the applicant if he understood all of the concerns including traffic, parking, greenspace, safety and temporary nature of the facility. All of this will be addressed at the Planning Board. He should be prepared to address these issues.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request for a seasonal ice cream/hot dog stand at the existing furniture store at 9992 Main Street to the Planning Board for further review. On the question, Supervisor Hallock said all of the concerns identified are part of this referral. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Marta Carney requests a Public Hearing for a Temporary Conditional Permit for outside dining at 6045 Goodrich Road. James Callahan said the location is the corner of Maple and Goodrich in the Clarence Center Traditional Neighborhood District.
          Marta Carney of Noveltea said they would like to put up the temporary structure as shown and would take it down after the season ends. About six tables would be included. It will not cover any of the parking spaces. The hours would be Tuesday thru Thursday from 8:00 A. M. to 8:00 P.M. and Friday and Saturday from 11:00 A.M. to 10:00 P.M. The only music would be background music from inside the shop.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing May 10, 2006 at 8:00 P.M. to consider the request for a Temporary Conditional Permit for outside dining at 6045 Goodrich Road. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Eastern Hills Wesleyan Church requests a Public Hearing to consider a Special Exception Use Permit for a church facility in excess of 10,000 sq. ft. at 8445 Greiner Road. James Callahan said the property consists of approximately 34 acres zoned Residential Single Family. The proposed addition consists of 28,000 +/- sq. ft.
          Mark Nigro and Jim Pello, Architect were present. Mr. Nigro said they have added a number of trees on the west side of the project. They have addressed the issues that have come up with the Planning Board.
          Councilman Bylewski said some concerns came up about drainage and he asked if the Town Engineer was aware of them. Joseph Latona said no, but he will look at it before the public hearing.
          Councilman Casilio asked when this new area would be occupied. Mr. Nigro said primarily on the weekend.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for May 10, 2006 at 8:00 P.M. to consider the request for Special Exception Use Permit for a church facility in excess of 10,000 sq. ft. at 8445 Greiner Road. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Friends of Scott Bylewski – April 17, 2006; B. Clarence Men’s Softball – April 25, 2006; Legion Hall Applications - Clarence Youth Department – July 11, 12, 18 & 25, 2006; Richard Ellis – Dec. 2, 2006; Pavilion Special Request - A. Clarence Hollow Association – May 21, 2006; and Nature Center Lodge - A. Garden Friends of Clarence – June 14, 2006. On the question, Councilman Weiss and Councilman Bylewski said they are a member or will attend a function listed, however, this is ministerial and they will both be voting. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. 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 6, 2006 are approved for payment: General Fund - $81,701.72; Highway Fund - $12,086.05; Water District - $160.84; Central Alarm - $40.77; Fire District - $4,781.32; Drainage District - $62.88; Wastewater Districts - $33.17; Sewer Districts - $3,326.63; Capital Fund - $3,532.50; and Trust and Agency 203 - $5,656.90 for a total amount of $111,382.78. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:00 P.M. in the memory of Gary George, Jr., the son of Gary George who has worked in our Parks Department for many years.

Nancy C. Metzger
Town Clerk