04/14/04


A Work Session of the Clarence Town Board was held April 14, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:07 P.M. Members of the Town Board present were Council Member’s Ian McPherson, Scott Bylewski, Joseph Weiss, and Bernard Kolber. Other Town Officials present were Director of Community Development James Callahan, Deputy Supervisor Anne Case, Town Attorney Steve Bengart, Town Engineer Joseph Latona and Senior Building Inspector David Metzger.

Director of Community Development James Callahan items
Review of formal agenda items

Vinny’s Sports Grill – Eastern Hills Mall

A Public Hearing is scheduled for 7:45 P.M. to consider the request for a Temporary Conditional Permit by Vinny’s Sports Grill for outside dining at Eastern Hills Mall.

Paul Kowalski 6555 Heise Road

A Public Hearing is scheduled for 7:50 P.M. to consider the request for a Temporary Conditional Permit for a site contracting and firewood business at 6555 Heise Road. The Planning Board has forwarded a recommendation approving the requested Temporary Conditional Permit with conditions.

Fox Trace East Subdivision

Applicant is seeking concept plan approval and rezoning to accommodate a proposed 77 lot single-family housing development. The Planning Board has forwarded a recommendation on the redesigned concept plan with conditions.

Vito Pace 5845 Salt Road

Applicant requests concept plan approval for a 3-lot Open Area Development at 5845 Salt Road. The Planning Board has forwarded a recommendation.

P & R Casilio Enterprises

Applicant is requesting approval to convert the existing vacant building to office space. The proposed site is located on the east side of Bryant & Stratton Way; north of Main Street formerly know as Pipe Dreams Skate Park.

Forbes Homes – Roxberry Estates Subdivision

Applicant requests Final Plat approval for Phase I for 23 Residential A lots and Development Plan approval for Phases II and III. The approval is conditional upon dedication of the roads after a final walk through for inspection by the Highway Superintendent and Town Engineer and finalization of transfer of wetland property to WNY Land Conservancy as agreed upon. The development of Phases II & III is not consistent with plans developed by the Town and recommended in the Master Plan.

Eric Johnson - Whitford Equipment Merchandise 10165 Main Street

Applicant requests an outside display permit for Whitford Equipment merchandise at 10165 Main Street. Applicant has been cited for displaying merchandise without a permit. The proposed site is located on the south side of Main Street, west of Shisler Road in an existing residential home. There are storage buildings and existing landscape business to the rear of the property located on 1.28 acres in the commercial zone.

Custom Carpets 5085 Transit Road

Applicant requests architectural approval and referral to the Building Department for a new façade at the existing retail carpet store located at 5085 Transit Road. The proposed site is located on the east side of Transit Road, between Sheridan Drive and Greiner Road.

Goodrich Road Subdivision – north of 6450 Goodrich Road

Applicant requests approval to the Planning Board for review of a 122-lot subdivision on 86 acres just north of the Pine Breeze Subdivision. The proposed site is agriculturally zoned consisting of approximately 86 +/- acres. Property is partially located within Sewer District #2. Revised plans were submitted late this afternoon however, Director of Community Development James Callahan has not had a chance to review them.

Pizza Inn 6235 Goodrich Road

Applicant requests a Temporary Conditional Permit to have outside dining at 6235 Goodrich Road. The proposed site is located on the east side of Goodrich Road, north of the Town of Clarence Engineering/Building Department.

Town Engineer Latona stated that Pizza Inn is considering installing a sidewalk from the bike path to their new location at 6235 Goodrich Road at their expense. Supervisor Hallock commented that she has received a phone call from one of the residents that lives in one of the houses between the highway building and the building/engineering building. She is upset about a sidewalk interrupting her parking area, she was informed that the sidewalk is in the right-of-way and she did not have control over that. Parking along Goodrich Road would be prohibited. The only other stretch of Goodrich Road in that area that does not have sidewalks is between High Street and the highway department.

Dan Singer 6251 Goodrich Road

Applicant requests a Change in Use Permit from office to ice cram stand in existing office building, formerly Mosher Realtor located on .48 acres in the Commercial Zone. Senior Building Inspector David Metzger stated that since this is a walkup/takeout ice cream stand, a public restroom would not be necessary other than for the employees.

In speaking with Mr. Singer, Councilman Kolber was told that he intends on removing two casement windows and install an up/down window for walkup service and install a sidewalk. Mr. Singer is pressed for time and wants to open for the season. Building Inspector Dave Metzger stated that the applicant will have to hire an architect to evaluate the building for the application of the building codes for the conversion from one occupancy to another. Councilman Bylewski said the applicant is also requesting approval to park his ice cream truck at this site also, however there is limited parking.

Dr. Ismet Hallac 5445 Transit Road

Applicant request architectural approval and referral to the Building Department for a 3,700 square foot addition to Eastern Transit Plaza. The Planning Board has recommended approval of the addition.

Supervisor Kathleen Hallock

Supervisor Hallock has a Proclamation for Municipal Clerk’s Week.

Supervisor Hallock will announce two Bond Resolutions, for the Arboretum and Memorial Park.

Supervisor Hallock will announce the motions passed at the April 7, 2004 Work Session to establish the Capital Projects.

Supervisor Hallock will appoint two Parks Security Officers.

Robert J. Connelly will be appointed to the Amherst-Northeast Intermunicipal Trails Committee.

Supervisor Hallock will make two separate motions to create positions for Civil Service purposes. Real Property Appraiser (Competitive Class) and Automotive Mechanic (Non-Competitive Class). You can not promote someone to a position that does not exist.

Supervisor Hallock has a Resolution of support for the elimination of the Sunset Provision of the Local Governments Management Improvement Fund (LGRMIF). The Town of Clarence has benefited from technical assistance, training, publications and three grants totaling $28,856. supported by the LGRMIF.

Supervisor Hallock has a Resolution authorizing Change Order #2 to Milherst Construction for Memorial Park for balancing four little league sites north of the Peanut Line and one parking area in the amount of $45,000.

When a Capital Improvement Plan was discussed several weeks ago, it was suggested that organizations, boards and committees in the town be advised about the Capital Improvement Plan in case they are thinking of projects. Supervisor Hallock has compiled a list of organizations, boards and committees if anyone has suggestions for any additional groups they can let her know.

All appointments for April 22 interviews for accounting consultant have been confirmed. Interviews will begin at 9:00 A.M.

Animal Control Officer Jerome Schuler is requesting Town Board approval to attend a workshop given by the NYS Humane Association. The subject of the workshop is “Investigating Animal Cruelty”.

Supervisor Hallock has one addition to the March 24, 2004 Work Session minutes.

John Jondle will give a report on the Deer Management Program at the May 5, 2004 morning Work Session.

Councilman Ian McPherson

Councilman McPherson has several corrections to the minutes.

Councilman McPherson will announce street light activations.

Councilman McPherson met with Highway Superintendent Ron Witnauer regarding the speed trailers. It was decided that the easiest way to do this is for Mr. Witnauer to contact the Sheriff’s Department. He can keep track of where the trailers are and where they have been.

Councilman McPherson has information on the signage project in the Hollow.

Councilman Scott Bylewski

A rough draft of the proposed Town Agenda and Public Notification Policy regarding land use proposals was sent to all board members. It complies with what was discussed at the last meeting. When a project comes in for the first time, we want to be able to put it on the Work Session Agenda first to allow department heads and the Town Board to have adequate time to take a look at it and absorb it before it goes out for a regular meeting. The idea would be that it be placed on the Work Session and then if it is deemed that it should be placed as an agenda item, it would be done so on the next Town Board regular session agenda. It impacts the notification policy, so some minor changes will be made to it. If this proposal is passed, the Organizational Minutes will have to be changed next year.

Councilman Bylewski will make an appointment to the Senior Center Board.

Councilman Bylewski spoke with Supervisor Hallock regarding Town Council members’ secretary and getting a line item transfer. More research is needed to be done regarding the line items.

At the request of the Concert Association, Councilman Bylewski presented a diagram to Town Engineer Latona indicating where they would like concrete work done around the band shell.

Councilman Bylewski requested that the Director of Community Development or his designate and the Chairman of the Planning Board be included in the joint School Board/Town Board meeting.

Councilman Bylewski will announce the Negative Declaration on the Main Town Park Sanitary Sewer.


Councilman Joseph Weiss

Councilman Weiss will announce an opening on the Plumbing Board.

Town Engineer Latona stated that the Plumbing Ordinance states that a Plumbing Exam is give twice a year. It states that the application must be submitted thirty days before the exam date. The reason for that is so the Plumbing Board can examine the applications and notify the applicants if there is additional information required. The submittal for the upcoming exam was Monday, April 12, 2004. Town Engineer Latona has received several additional applications after the due date. Town Engineer Latona is requesting Town Board approval to waive the due date requirement at this time so that these individuals can apply. Town Attorney Bengart stated that the Town Board does not have the authority to do that. It is not specified in the Local Law that the Town can waive the fee in order to do that; the Local Law would have to be amended.

Councilman Weiss will announce the hiring of John Burgio as summer intern in the Engineering Department.

Councilman Weiss will set the bid date for improvements to Memorial Park and the Arboretum infrastructure.

As part of our vehicle replacement program, Councilman Weiss will declare several vehicles surplus.

Highway Superintendent Ron Witnauer is requesting Town Board approval to declare several two-way radios surplus. The radios will be taken to Kelly Schultz auction on April 17, 2004.

Councilman Weiss will set bid dates for removal of our wood chip mulch and leaf compost at the Girl Scout Camp.

Councilman Weiss will make a motion to grant approval to Highway Superintendent Ron Witnauer to accept brush from other municipalities.

Councilman Weiss will announce the receipt of a Workers Compensation dividend check from Insurance Agent Joseph Floss.

Town Assessor David Folger is requesting thirty hours of technical support for his office, the money has been budgeted.

Town Assessor David Folger is requesting approval to appoint Mike Rizzo as an alternate to the Assessment Review Board.

Councilman Bernard Kolber

Councilman Kolber will announce the resignation of Edna Sherf from the Recycling Committee.

The Recycling Committee will be researching the creation of a garbage district for the Town of Clarence.

Councilman Kolber has received several calls both pro and con regarding the formation of a garbage district.

The Historical Society is still having problems with a leaky roof and they are looking to the Town Board for suggestions and a possible solution. Town Engineer Latona will have the roofing contractor take a look at it.

The Historical Society received a call from the Greatbatch Foundation requesting permission to take several items from Dr. Greatbatch exhibit at the Historical Society for an exhibit in San Francisco.

Town Attorney Bengart stated that the wording of the proposed moratorium has been redrafted. If we put forth the original moratorium, we would run into some contractual issues with regard to the Heise-Brookhaven contract.

Supervisor Hallock stated that Parks Superintendent John Burns met with Baseball President Joe Miano regarding the placement of a mobile snack bar at Meadow Lakes Park. Town Attorney Bengart will review the proposal.

Town Attorney Bengart

At the March 24, 2004 Work Session, there was a discussion regarding the request by Michael Stafford who is a Swormville fireman and has a business in Harris Hill Plaza to assist Harris Hill VFC during any emergency calls. Town Attorney Bengart has made several inquires including a call to Attorney Mark Butler who represents several fire districts regarding this request. He has researched the law and the insurance aspect of it.

There is insurance available, the town has no direct liability issue. As long as Michael Stafford submits in writing that he does not expect Length of Service Award Points, it will not have an effect on the town - we are however setting precedence.

Councilman Bylewski has a Fire Chief’s meeting and will ask Harris Hill Fire Chief if this can be done as a standing order or if the Town has to give permission.

Town Attorney Bengart has prepared a motion regarding pending litigation for an amount not to exceed $3,000.

After review by Town Engineer Latona, Town Attorney Bengart will go forward with the Ohlson lease extension.

Councilman Kolber stated that the Zoning Board of Appeals has an issue with a possible non-compliance of a decision that they rendered last year. The ZBA can hire outside legal counsel but will hold off on that decision until their entire board is present. The issue involves a set-back variance and one of the conditions was to maintain some natural vegetation. As soon as the variance was granted, the applicant leveled everything and went on to the neighbor’s property. There are questions regarding procedure as to what can and can not be done and questions concerning potential liability. Town Attorney Bengart is representing the other party.

Councilman McPherson stated that the Town Board received correspondence from the NYS Department of Transportation regarding the requests by Clarence Hollow relative to special signage and so on. The NYS DOT is happy to grant this request provided the Town of Clarence is willing to pay the additional cost and assume responsibility to replace any damaged special signs including those that are placed in municipal parking lots. In other words, the NYS Department of Transportation is saying it is okay as long as the town assumes responsibility and the NYS DOT assumes no responsibility. The Town’s position is that the special signs are okay as long as the Hollow Association assumes any responsibility that we assume. The Hollow Association has agreed to do this although they will be approaching the Town to see if we can help them with some of the funding through grants or whatever. The Town has to send a letter to the NYS DOT agreeing to the conditions that they set forth in their letter of March 4, 2004. They asked for a response by April 15, 2004. Councilman McPherson first received this information this afternoon at 4:00 P.M. He will respond by saying the conditions of the March 4, 2004 letter as specified by NYS DOT are agreeable to the Town and those same conditions are agreeable to the Clarence Hollow Association who will ultimately bear the responsibility.

Councilman Kolber will make a motion to contact the NYS DOT and the Town of Amherst to examine the possibilities of installing an overhead walkway across Transit Road in front of Transit Middle School.

A map was displayed showing the bike path along the Peanut Line. The town line ends on the east at the Town of Newstead and starts west at Transit Road. The trail runs 6.1 miles from the west to the east portion. The section between Kraus and Strickler Road and Bridlewood west is not complete. The grant consultant has come up with the map indicating signage at every intersection; there will be three gazebos, one located at Memorial Park, one across from the Highway Department and one at Meadowlakes. There will be 911 emergency phones at every intersection. The fire departments had originally requested emergency phones every quarter mile but that turned out to be too expensive. The area from Bridlewood South is being investigated by the state historic preservation department for Indian artifacts which will delay the project until next year. There will be additional gates installed similar to what is already in place.

There being no further business, the meeting adjourned at 7:13 P.M.

Darcy A. Snyder

Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, April 14, 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 Scott Bylewski, 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, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of a previous meeting held March 8, 2004. On the question, Councilman McPherson said he was not at the meeting but he did review them and there was one correction that referred to the dollars for the Clarence Hollow and a, it is on the last page and it said that “the State money was cut back and Congressman Reynolds came up with $3.8 million for the Hollow.” That figure should be “$ 2.3 million.” Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Abstain: Councilman McPherson. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of a previous meeting held March 24, 2004. On the question, Councilman McPherson said he had a couple of clarifications, one from the Work Session on page 96, second last paragraph, the last sentence should read “…public participation cannot be restricted to town residents.” The regular meeting he has three. The first is a correction of a correction, the fourth paragraph down should read “residents in the Hollows at Loch Lea do not get charged a highway tax and on their private road.” Page 100 the third last paragraph, once again “…public participation cannot be restricted to Town residents …”. And finally on page 107, this refers to the application of Mr. Gallagher for his automobile business in the Hollow area and he thinks it is the sixth paragraph down, the last sentence, “He feels he could, (not would), be an asset…”. And then the next paragraph, motion to refer the request for a Special Exception Use Permit for automotive sales operation at 10939 Main Street to the Planning Board , in conjunction with the Clarence Hollow Association Review Committee.” And the second last paragraph, instead of the word “residents”, it should be residences. Supervisor Hallock said she would like to add to Work Session minutes on page 98, fourth paragraph “ Three teams belonging to the Sports Coalition….”. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock read a proclamation recognizing Municipal Clerk’s Week May 2 through May 8, 2004 and extends appreciation to our Municipal Clerk, Nancy C. Metzger, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:

Be It Resolved that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted April 14, 2004, authorizing various improvements at the Town Arboretum, stating the estimated maximum cost thereof is $250,000, appropriating said amount therefor, and authorizing the issuance of $250,000 Serial Bonds of said town to finance said appropriation. Said Resolution is subject to a permissive referendum.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:

Be It Resolved that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted April 14, 2004, authorizing the construction of improvements at Memorial Park, stating the estimated maximum cost thereof is $550,000, appropriating said amount therefore, and authorizing the issuance of $550,000 Serial Bonds of said Town to finance said appropriation. Said Resolution is subject to a permissive referendum.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following Resolution of Support for the Elimination of the Sunset Provision of the Local Government Records Management Improvement Fund (LGRMIF):

Whereas, the Local Government Records Management Improvement Fund was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 4300 local governments, and

Whereas, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and

Whereas, the New York State Legislature in 1995 has twice extended the sunset date, most recently to December 31, 2005, and

Whereas, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and

Whereas, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and

Whereas, the Town of Clarence has benefited from technical assistance, training, publications and three (3) grants totaling $28,856 supported by the LGRMIF, and

Whereas, the LGRMIF continues to be critically important in the fulfillment of the many records and information related responsibilities of the Town of Clarence, therefore

Be it resolved that the Town of Clarence supports the elimination of said sunset provision of December 31, 2005 in order to make the LGRMIF permanent.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint Anthony Haas of 8260 Stahley Road and John Hembrook of 4198 Coventry Green Circle to the position of Security Officer PT at the budgeted rate of pay. On the question, Supervisor Hallock said John Hembrook will be considered a substitute due to the number of absences in the department at this time. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint Robert J. Connelly of 6591 Conner Road to the Amherst-Northeast Erie Inter-Municipal Trails Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to create the position of Real Property Appraiser. On the question, Supervisor Hallock said this is in compliance with Civil Service and the position is in the competitive class. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to create the position of Automotive Mechanic. On the question, Supervisor Hallock said this is in compliance with Civil Service and is a position in the non-competitive class. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant permission for Animal Control Officer Jerome Schuler to attend a workshop given by the New York State Humane Association on May 1, 2004 with reasonable and necessary expenses. The subject of the workshop is “Investigating Animal Cruelty”. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Change Order No. 2 to Milherst Construction for Memorial Park for balancing four (4) Little League sites north of the Peanut Line and one (1) parking area in accordance with their proposal dated April 13, 2004 in the amount of $45,000. Funding will be from Project 66. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss that the Clarence Town Board authorizes the Town Attorney or his representative to settle pending litigation for an amount not to exceed $3,000. On the question, Town Attorney Steven Bengart said this is regarding the Matter of Caroline Gallego vs. the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the Town Board approved establishment of the following Capital Projects at April 7, 2004 Work Session: Town Hall Sanitary Sewer Connection, Main Park Sanitary Sewer Project, The Arboretum Project and the Memorial Park Project.

Motion by Councilman McPherson, seconded by Supervisor Hallock that the Town Board of the Town of Clarence, in the County of Erie, State of New York, will meet at the Town Hall, One Town Place, Clarence, New York, on May 12, 2004, at 7:50 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the increase and improvement of facilities of Sewer District No. 2, consisting of the installation of a manhole and sanitary sewer to service the Town Hall and library, replacing the existing pump station and eliminating the use of the existing septic tank, at an estimated maximum cost of $35,000.

At said public hearing, the Town Board will hear all persons interested in said subject matter thereof.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that the Town Board of the Town of Clarence, in the County of Erie, State of New York, will meet at the Town Hall, One Town Place, Clarence, New York, on May 12, 2004, at 7:45 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the increase and improvement of facilities of Sewer District No. 9, consisting of the installation of a sanitary sewer pump station at the Main Town Park to service the clubhouse, restrooms, and the swimming pool main locker room, and the installation of approximately one thousand (1,000) lineal feet of two (2) inch force main, at an estimated maximum cost of $100,000.

At said public hearing, the Town Board will hear all persons interested in said subject matter thereof.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson received a proposal from NYSEG for street lighting for Spaulding Lake in the Rockhaven and Cobblestone Drive area. These were inspected by Town personnel and are acceptable. We will notify NYSEG that these are acceptable so that the work can proceed.

On March 10 th, Councilman McPherson said he notified everyone of a meeting that we had with the Department of Transportation along with members of the Clarence Hollow Association. One of the topics was special signage that the Hollow Association was interested in having as part of their streetscape improvements for the Clarence Hollow area. The DOT indicated that they would go along with the request provided the Town of Clarence assumed the responsibility for the maintenance of the signs and the DOT would not incur any additional expenses to their project. We then forwarded that request to the Clarence Hollow Association who has done a lot of work and due diligence to come up with the dollars and procedures for their part of this because ultimately it will fall on the Clarence Hollow Association. So in essence the Town of Clarence is assuming responsibility in conjunction with the Clarence Hollow Association’s willingness to participate.

Motion by Councilman McPherson, seconded by Councilman Kolber that the Town Board authorize Councilman McPherson to follow up with a letter to the DOT indicating our willingness to go along with the particulars of their letter of March 4 th regarding the Clarence Hollow signage project. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson announced that there will be an ad hoc committee formed at the Senior Center consisting of 7 to 9 members to review some of the senior’s issues. Anyone wishing to apply should just supply a short note addressed to him indicating their wish to be on the committee and also mentioning a few issues they would like to see addressed. This is not restricted to only members of the Senior Center.

Councilman McPherson thanked Mary Alice Ganz for representing the Clarence Chamber of Commerce tonight.

Councilman McPherson said the Supervisor has met with the Sheriff’s Department in terms of obtaining the use of a speed trailer to put around Town to remind people how fast they are going and hopefully to indicate to them how slow they should be going. We are working out the details with them and the Highway Department to let the Sheriff’s Department make the trailer available and it can be relocated by the Highway Department. We will keep the public informed as to where it has been.

Councilman Bylewski said we had a number of issues regarding agenda items in terms of applications and people getting applications on the agenda as well as in terms of notification of different items being on the Town Board’s agenda.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following “Town Board Agenda Policy for Land Use Proposals”:

The Town Board has developed the following policy to ensure that the Town makes well-informed land use decisions:

  • All proposed land use projects or items to be placed on the Town Board agenda must have all appropriate applications or approvals completed and submitted, including appropriate fees, to the Planning & Zoning Department on or before 4:30 pm of the Wednesday the week before the Town Board meeting.
  • If the item is a new application, then it may be placed on the Town Board’s Work Session to determine an appropriate review process. The item may be placed on the next available Town Board Agenda.
  • Exceptions:
    1. Any item on a Planning Board agenda the Wednesday before a Town Board meeting that receives a Planning Board recommendation, be it approval or denial, may be placed on the next Town Board Work Session.
    2. Case-by-case determination of the Town Supervisor in consultation with the Planning & Zoning Department.

On the question, Councilman Kolber said he would like to see added that any application would not be deemed complete until a check for the appropriate fee is attached to it. The motion and second were amended by adding “All proposed land use projects or items to be placed on the Town Board agenda must have all appropriate applications or approvals completed and submitted , including the appropriate fees,”.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following “Town Board Notification Policy for Land Use Proposals”:

This policy is developed in accordance with Master Plan 2015, Chapter VIII, page 31, to allow for the public to have a voice in local land use decisions. This policy supersedes but does not replace any notice required by law.

  • Unless required by law, an item’s first appearance on any Town Board agenda does not require any additional notification.
  • Any and all items referred to the Planning Board shall be noticed for the Planning Board’s first agenda. All above-mentioned notices shall be sent by the Planning & Zoning Department by first class mail to property owners within five hundred feet (500’) from the subject property. Notification of an item on any other future meeting may be sent at the discretion of the Director of Community Development, the Planning Board Chairperson, or Planning Board Executive Committee.
  • After the Planning Board’s first meeting regarding the proposed project, all affected property owners may stay involved by visiting the Town’s Website, speaking with Town staff in the Planning and Zoning Department, or by reading the Clarence Bee, where such notices and agendas are published. Also, all meeting agendas are posted in Town Hall as required by Town Law.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to appoint Robert J. Hoag, CPA of 4704 Brentwood Drive to fill the vacancy on the Senior Center Board. On the question, Councilman McPherson said each of the Town Board members has three appointments to make and the resignation that prompted this appointment became Mr. Bylewski’s appointment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that a Negative Declaration was declared on the Main Town Park Sanitary Sewer Project at the April 7, 2004 Work Session.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the Supervisor to sign a Lease Extension and Indemnification Agreement for the property located at 10687 and 10681 Main Street extending the lease to April 30, 2004. The owner will provide the Town of Clarence with a certificate of insurance naming the Town of Clarence as additional insured on their insurance policy. On the question, Town Attorney Steven Bengart said the purpose of the extension is that there is a current lease agreement in place and the people are looking to refinance their property and the title insurance company is requiring it. He has also made a few changes to strengthen the original lease to protect the Town. The property is along the West Shore Line. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that there is an opening on the Plumbing Board. The requirements are that an applicant must be a Clarence resident, licensed Clarence Master Plumber and actively engaged in the plumbing business for at least ten years.

Motion by Councilman Weiss, seconded by Supervisor Hallock to hire Jonathon Burgio as a summer intern for the Engineering Department at a rate of $9.00 per hour starting May 10, 2004. This is a budgeted item. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to set a Bid Date for Improvements to Memorial Park on May 19, 2004 at 10:00 A.M. in the Town Clerk’s Office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to set a Bid Date for Arboretum Infrastructure Installation of May 19, 2004 at 10:30 A.M. in the Town Clerk’s Office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to declare the following as surplus vehicles: 2001 Chevrolet Impala, Serial #2G1WF52E719325310; 2000 Ford Taurus, Serial #1FAFP5220YA194087; 1999 Jeep Cherokee, Serial #1J4FF28SGXL591223; 2001 Ford Taurus, Serial #1FAFP52U01G208946; 1995 Ford F150 2WD Pick-up, Serial #1FTEF15Y6SLB54139; 2000 Ford F150 4x4 Pick-up, Serial #2FTRX18L1YCA49686 and 1986 Ford Single Axle Dump L9000, Serial #1FDYK90W9GVA19581. On the question, Councilman Weiss said these vehicles are part of our vehicle replacement program. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Bid Date of May 6, 2004 at 10:00 A.M. at the Town Clerk’s Office for sale of the previously declared surplus vehicles. The vehicles will be available for inspection beginning April 21, 2004 at the Highway Department parking lot from 7:00 A.M. until 3:30 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber the following two-way radios were declared surplus: RCA Model #MFB02, Serial #0300174; RCA Model #MFB02, Serial #0300171; RCA Model #MFB02, Serial #0300172; MIC-3 Model #MS94000M; Kenwood Model #TK-7015, Serial #6030318; Speaker Serial #4010055, Serial #4010051; MIC-1, no number; General Electric Model-Master II, Serial #MC66KAU66A, #0362486-S; Speaker Serial #PL19C320302G, 199 REV; General Electric Model-Master II Serial #MC66KAU66A, #0362487-S; Speaker, no serial number; Radio Head Serial #PL19D423590G, REV 19A130818 REVO, Serial #PL19D423590G, REV 19A130818 REVO; MIC-2 Model #19C320270G1. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to sell said surplus radios at the Kelly Schultz Auction on April 17, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to set a Bid Date May 6, 2004 at 10:20 A.M. at the Town Clerk’s Office for removal of 1,800 cubic yards of wood chips. The bid price will be per cubic yard loaded and hauled off site by the successful bidder. The Town Clerk will do all necessary advertising in the Clarence Bee and Buffalo News. On the question, Councilman Kolber asked if there would still be mulch available for the residents? Councilman Weiss said yes there is mulch for the residents. Councilman Kolber asked if there was a way residents could buy large volumes? Supervisor Hallock said a policy was set last year that no loading equipment could be used. Councilman McPherson added that there was no motorized loading and the largest size to be used could be a pickup or a van. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to set a Bid Date for May 6, 2004 at 10:15 A.M. at the Town Clerk’s Office for removal of the leaf compost from the Sheridan Drive site. The bid price submitted will be per cubic yard loaded and hauled off site. All bids must me clearly marked “Leaf Compost Bid”. The volume will be 2,300 cubic yards. Removal of the material must be within 90 days from the time of bid. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to grant approval for the Highway Department to grind small lots of brush for local towns at a price of $4.50 per cubic yard. The material would be delivered to the Town of Clarence composting facility and subject to inspection and approval. After grinding the brush, the wood mulch will then become the property of the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said we received a check from Floss Insurance representing our dividend from worker’s compensation in the amount of $32,476. Our departments should be complimented for their fine work in keeping our worker’s comp numbers down.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize GAR Appraisal to provide 30 hours of technical support for the Assessor’s Office at a flat fee of $145 per day for a total of $4,350. This is a budgeted item. They will provide fieldwork, sketching and computation of square footage for outstanding structures. On the question, Supervisor Hallock asked if it is 30 days or 30 hours? Councilman Weiss said the request says 30 hours. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to appoint Michael J. Rizzo as an alternate to the Clarence Board of Assessment Review. He is a State Certified Appraiser and very familiar with Clarence values. On the question, Councilman Bylewski said because we have dealt with committee appointments before, should we hold this appointment for two weeks? Supervisor Hallock asked if the application was circulated? Councilman Weiss said he will have to check. Councilman Weiss withdrew the motion and Councilman Kolber withdrew the second.

Motion by Councilman Weiss, seconded by Councilman McPherson to correct the previous motion for GAR Associates to read 30 days, not 30 hours. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that Jeff Wilson from the Building Department received a thank you card from someone who appreciated him going the extra mile in doing research for them.

Councilman Bylewski said in regard to the Senior Center Board appointment of Bob Hoag, he also serves on the Youth Center Board. Right now they are sharing the van with the Senior Center. We are looking for opportunities for the youth to interact more with the seniors. He felt that Bob, in addition to being a CPA, as well as an exemplary service to the Town, he would be an appropriate person to fill the vacancy on the Senior Center Board.

Councilman Kolber announced that a letter of resignation was received from Edna Sherf of the Recycling Committee effective immediately, as she is in the process of moving. We thank her for her service.

Councilman Kolber said that opens a space on that committee for anyone interested.

Councilman Kolber said he inherited the issue of looking into a town-wide garbage collection program. The main reason is to bring the cost down. Two gentlemen were here tonight from the Erie Niagara Partnership who are willing to help us.

Councilman Kolber said a battery recycling program is about to be launched with containers placed at the library. Information will be forthcoming with guidelines for what is recyclable.

We are also looking at what can be done with computer ink cartridges.

Councilman Kolber announced that there will be a backyard compost bin sale hosted by the Erie County Environmental Compliance Service on Saturday, April 24, 2004 from 8:00 A.M. to 4:00 P.M. at Tops Market, 7660 Transit Road. The cost is $35 plus tax. Other locations are the Boulevard Mall and Tops on McKinley Parkway in Hamburg.

Councilman Kolber said he attended the Historical Society Meeting and they are having a problem with water leaking in their building. The Town Engineer will be checking with the company who did the roofing.

The Historical Society was approached to lend out some of the Wilson Greatbatch memorabilia items for an exhibition in San Francisco.

They will be hosting a Desserts and Coffee Evening on May 27 th featuring “Historic Music of NYS” at 7:00 P.M. at the Town Park Clubhouse. David Ruch will be performing.

Councilman Kolber said we have been going back and forth for quite a while regarding placement of crossing guards on Transit Road for the Transit Middle School. He does not feel it is a good answer to the problem. He feels we need to look at some options.

Motion by Councilman Kolber, seconded by Supervisor Hallock to authorize the Supervisor to contact the New York State Dept. of Transportation, the Town of Amherst and any other parties that would be helpful to look at the possibility of an overhead walkway over Transit Road. It would be a 24-hour a day safe way to cross Transit Road. On the question, Councilman Bylewski said although he has spoken out in favor of the two crossing guards, he would be in favor of exploring this option. There are safety considerations that would arise, such as objects being thrown off the walkway. Councilman Kolber said he thinks it is time to look at some options. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

Public Participation

Steve Murtaugh had a comment regarding item 7. D. relating to the garbage pick up issue. He feels right now we have freedom of choice to pick any one of the three permitted companies. They compete in price and quality of service. He has talked to 20 different residents and found only two who were concerned about the cost. The cost may not be $200 a year as Councilman Kolber said. The highest cost he has heard of is $160 per year for a large family. Most of the people he spoke to pay between $35 and $45 per quarter. He does not believe you can get the cost down much lower than that.

Mr. Murtaugh said he has Waste Management and pays just under $120 per year. There are senior discounts available. He feels we should be allowed to select the company we want. Some of the streets could get together and reduce the number of garbage companies servicing them. After all, we have a number of school buses on the street five days a week and UPS and Federal Express trucks every day. It is not just the garbage trucks.

Councilman Kolber said he inherited this request and we are researching it. He believes the rates Mr. Murtaugh quoted were senior citizen rates. Most people are paying about $200 per year now. Supervisor Hallock added that this issue is subject to a referendum. Councilman Kolber said other towns that have done this are getting a better rate. The Erie Niagara Partnership contacted him because they too, are looking for ways to cut down on costs for the people. It does not matter to him either way, but he receives more complaints about garbage than anything else.

Pete Gorton, Hedgewood Drive said he believes the resolutions made by Councilman Bylewski tonight are short on the mark in terms of protecting the residents.

Mr. Gorton had several questions regarding item 16. He asked that the residents be able to respond after the applicant makes his presentation because frequently a lot of false statements are made. He asked why the residents were not informed that Roxberry was on the agenda? Does the Town know how much fill was imported to that property? Town Attorney Steven Bengart said the Town Board is not required to answer these questions, but he is welcome to ask them. Mr. Gorton asked how can the Town Board approve the agenda item if they do not know all about the issue? Does the Town know where the fill came from? Councilman Weiss there were a number of sites given in the document we received. Mr. Gorton asked if the Town has information on the nature of the fill? Does the Town have the history of the properties where the fill came from? Does the Town have any plans to protect the health and safety of existing and future residents? What will the Town do about the limited setbacks and side yards proposed for this project? What will the Town do about the elevations greater than +/- 2 ft. above the existing residents yards? Why would the Town approve raising elevations 5 ft. above or more the existing residents yards? What will the Town do about the lakes currently in the backyards of the people who live there? What are the plans to enforce the height restrictions promised to the existing residents under SEQR? What will the Town do to protect the view scape of the existing residents? What will the Town do about the lights from the mall?

Town Attorney Steven Bengart said that with all do respect to Mr. Gorton, we do have a three minute limit and it is not fair to the Town to not give everyone else their time.

Mr. Gorton said if they were informed, they could have come prepared with a statement. Supervisor Hallock said the agenda was posted on the website. Mr. Gorton asked how the Town will further restrict removal of trees? Supervisor Hallock said we would like to move on with the meeting and he has exceeded the limit. Mr. Gorton said Phases I, II and III were inappropriately approved. It represents segmentation under SEQR. He does not feel that without the answers to his questions the Town Board could approve this item.

Frank Kennedy, 4540 Gentwood Drive said he hopes that Phases I, II and III of item 16 will be explained so that they are clear about what they are talking about. He does not want to see more trees taken out or more fill brought in without knowing about it. There was work done today and they have surprises all the time.

A Public Hearing was held to consider the request for a Temporary Conditional Permit by Vinny’s Sports Grill for outside dining at Eastern Hills Mall. James Callahan said the location is along the Transit Road frontage of the mall. The Master Plan identifies this area in a Commercial classification. The applicant stated the hours of operation would be between 11:00 A.M. until 3:00 A.M. depending on the day of the week. They are open until 3:00 A.M. on Fridays and Saturdays and around 11:00 P.M. to 12 Midnight the rest of the week. The entrance to the patio is from within the restaurant. The only music is inside the facility.

Speaking to the subject, Frank Kennedy said his only concern would be outside music.

With no one else speaking to the subject, motion by Supervisor Hallock, 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 grant a Temporary Conditional Permit for Vinny’s Sports Grill for outside dining at Eastern Hills Mall for the period of one year with no outside music. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for a site contracting and firewood business at 6555 Heise Road. James Callahan said the location is the east side of Heise Road, south of County Road and zoned Agricultural. The Master Plan identifies this area in an Agricultural classification. The Planning Board recommends approval with the following conditions: hours of operation to be Monday thru Saturday 7:00 A.M. until 7:00 P.M.; no concrete grinding allowed on the site; no outside storage, with the exception of one dump truck and trailer in the staging area; staging area to be reduced in size to 50 ft. off the rear or east property line and 40 ft. off the south property line of the parcel.

Supervisor Hallock asked the applicant if he is aware and in agreement with the conditions. Mr. Kowalski said he is in agreement and is actively pursuing a commercial/industrial site in the Town. Councilman Bylewski asked if he found another location, would he shut this site down? The applicant said absolutely. This operation is basically a place to park his equipment in the evening. If he does pursue another location, the entire operation will be taken away. He is getting into firewood processing.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson to grant a Temporary Conditional Permit for a site contracting and firewood business at 6555 Heise Road with all of the conditions specified by the Planning Board including hours of operation to be Monday thru Saturday 7:00 A.M. until 7:00 P.M.; no concrete grinding allowed on the site; no outside storage, with the exception of one dump truck and trailer in the staging area; staging area to be reduced in size to 50 ft. off the rear or east property line and 40 ft. off the south property line of the parcel. On the question, Councilman Bylewski said by default, this would be a one-year permit. Upon roll call – Ayes: All; Noes: None. Motion carried.

Marrano Homes, Fox Trace East requests Concept Plan Approval and rezoning from Agricultural to Residential A for a 77-lot subdivision on 56 acres west of Meadowbrook Road. James Callahan said the location is the south side of Greiner Road, east of Harris Hill Road consisting of 58 +/- acres zoned Agricultural. The Master Plan identifies this area in a Residential classification. The Planning Board has forwarded a recommendation on the revised Concept Plan with the following conditions: upon submittal of development plan a checklist be completed per the development plan approval procedures identified in the Town checklist; details of homeowners association be submitted including all deed restrictions, protective covenants and description of open areas; open space to be deed restricted and to become the responsibility of the homeowners association; recreation fee to be paid based on the difference between the percent of green space finally approved on the site and the required 8% in the Subdivision Law; and bike path developed along the Chardale access road to Harris Hill Road.

Sean Hopkins of Renaldo and Palumbo representing the project sponsor said along with input from the Planning Board and the residents along Meadowbrook, they think they have come up with a layout acceptable to all. The size of the project was reduced from 92 lots to 77 lots of which three lots will be conveyed to the Benders for access to be included in Phase I. It was decided that parkland was more appropriate than fees and they are showing that on their plan. They have held several informational meetings with the neighbors at the Town Library. Notices were sent to 75 property owners and the meetings went very well.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing May 12, 2004 at 7:55 P.M. to consider the request for rezoning from Agricultural to Residential A for Fox Trace East Subdivision. Councilman Kolber asked what sewer district is this in? Town Engineer Joseph Latona said it is not in one. Sean Hopkins said that question was brought up right away. They have worked with the relevant agencies and they have obtained a letter from Erie County indicating that sewer capacity does exist with the caveat that if other projects get through the pipeline before them, there is a chance that sewer capacity might not exist. The project sponsors have stated that they will not develop this site in accordance with this plan if sewer capacity is not available.

Town Engineer Latona said that would mean creation of a new sewer district, the boundaries of which have not yet been determined. They are looking at the possibility of having sewers extended onto Meadowbrook.

Councilman Kolber said we have a certain amount of capacity there and it should be used to mitigate existing areas or do we take the capacity and build new areas. Sean Hopkins said he believes it is private property owners stepping up to the plate where the Town has not been able to provide services. They will make it readily available to Meadowbrook.

Councilman Bylewski said in this case the Master Sewer Plan does designate this area as a planning consideration area.

Councilman Kolber said by approving these projects, we may make it so we cannot mitigate other areas. We have two areas identified by the DEC as significant problem areas. One is the Hollow, which is being mitigated right now, and the Harris Hill area. We have no plans for Harris Hill. Town Engineer Latona said Harris Hill is planned to go into a proposed 24” sewer, which is going to be in Amherst when it happens. What we are trying to do here is have an extension of facilities from this subdivision so that we can provide more economical sewers for the Meadowbrook area as a piece of it.

Councilman Bylewski said in regard to the notification period, there is an agenda item further down on the agenda that in order to have the notice go out on time is set for the same date.

Upon roll call – Ayes: Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

Vito Pace requests Concept Plan Approval for a 3-lot Open Development Area at 5485 Salt Road. James Callahan said the location is the east side of Salt Road, north of Greiner Road consisting of approximately 8.26 acres zoned Agricultural. The Master Plan identifies this area to remain in an agricultural/rural residential classification. The Planning Board has forwarded a recommendation with the stipulation that the existing curb cuts to the north and south of the access road be removed and access to these existing homes be developed to the new road.

Sean Hopkins said each lot will be about 2.3 acres. His client has met with the two adjacent property owners and they have agreed to the access road with the condition that he pays for consolidation of the curb cuts.

Councilman Bylewski asked if any letters were received from anyone who engages in agricultural practices that may be impacted by this development with regard to the Right-to-Farm legislation? James Callahan said no.

Motion by Councilman McPherson, seconded by Supervisor Hallock to grant Concept Plan Approval for a 3-lot Open Development Area at 5485 Salt Road pursuant to the Planning Board stipulation that the two existing driveway cuts to the north and south of the proposed driveway will be eliminated and consolidated into the proposed private access driveway, the applicant works with the property owner up front in terms of the layout, the letter from the applicant that these things are satisfactory be included and the understanding that the applicant will come back for Development Plan Approval. On the question, Councilman Bylewski said because of the confusion we have had in the past regarding the Planning Board stipulations, should we state on the record the curb cut elimination? Sean Hopkins said if you incorporate the letter, it tells exactly what they are looking for. (Councilman McPherson amended the motion.)

Upon roll call – Ayes: All; Noes: None. Motion carried.

P & R Casilio Enterprises requests a Change-In-Use Permit from vacant to office at 4401 Bryant & Stratton Way. James Callahan said the location is in the Commercial Zone on the east side of Bryant & Stratton Way. The building was a former warehouse and skate park. The Master Plan recommends that this area remain in a Commercial classification.

Mary Powell, President and owner of the property and Mike Hacikyan, President of Techniglass were present. The application is for office and distribution. The business is that he receives water-soluble paper and cuts it and sends it back out. Mr. Hacikyan said he ships throughout the world. There may be one or two semi-truck deliveries per week. He receives jumbo rolls and slices it into smaller rolls. It is a clean process.

Councilman Bylewski asked if there was enough room for semis to turn around? Mary Powell said there are no changes that need to be made. They are taking the fence down and replanting the landscaping in the spring. Councilman Bylewski asked what the percentage of green space there is on the site? James Callahan said he believes it is well over 25%. Town Engineer Latona said there is no outside drainage issues to be concerned with.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Change-In-Use Permit from vacant to office at 4401 Bryant & Stratton Way subject to landscaping with at least 25% green space and appropriate building permits. On the question, Councilman Kolber referred to Pete Gorton. Mr. Gorton said before this is approved, you should find out exactly what is going to be done in there and if there is going to be any affluence. Then make a determination if it makes sense next to a residential neighborhood. Mary Powell said this is not the property that was rezoned last year. It is an existing commercial building. There is no discharge. Councilman Bylewski asked if there are any required permits or licenses? Mr. Hacikyan said no. It is water-soluble paper. He could provide the MSD (Material Safety Data) Sheet. Upon roll call – Ayes: All; Noes: None. Motion carried.

Forbes Homes requests Final Plat Approval for Roxberry Subdivision Phase I and Development Plan Approval on Phases II & III. Jeff Palumbo, of Renaldo and Palumbo representing the petitioner said neither he nor Mr. Lasky received any notice other than the normal notification process. The Concept Plan Approval for the entire subdivision was granted in November 1994. Development Plan Approval for Phase I was granted in August 2000 consisting of 23 lots. Phase I was denied by the Town Board and recently overturned in the Supreme Court. The remaining 25 lots, 19 lots off of Gentwood Drive and 6 lots off of Helenwood Dr., were not granted Development Plan Approval pending determination on the extension of Bryant and Stratton Way in August of 2000. It is their understanding that no determination has been made. He submitted a letter to the Town in March 2004, on behalf of Mr. Lasky, requesting Development Plan Approval for Phases II & III. They intended to develop these lots all along, but it was at the Town’s request that the entire subdivision did not receive approval. Since there has been little progress, Mr. Lasky would like to proceed with approval for the remainder of the subdivision. He has not been necessarily opposed to the extension of Bryant Stratton Way or rezoning of the property for commercial use. The questions remain as to who is building the road, who is the project sponsor, who is funding the extension, when is construction scheduled to start, is it a phased road development? They are unclear if and when will the road ever go in. If the Town rezoned to Restricted Business and the road never went in, Mr. Lasky could be left with landlocked parcels. Therefore, Mr. Lasky would like to proceed.

Mr. Palumbo said they have Concept Plan Approval, all of the required engineering has been done and submitted.

Councilman Bylewski said there were allegations that he had a potential conflict of interest. His firm has represented one of Mr. Lasky’s businesses that he is a partner of. His firm has not represented Mr. Lasky or Forbes Homes. Councilman Bylewski is an associate of the firm so he does not have any contingent income riding on any project. He asked the Ethics Board to render an opinion. The opinion that he received was that although a conflict does not exist, there is the appearance of impropriety. He recused himself from any further discussion on the matter.

Councilman McPherson said he remembers the issue of the road and the many advantages such as the relief from Harris Hill Road traffic issues. Many attempts were made to Simon Properties who owned Eastern Hills Mall with little or no response. Recently the mall property changed hands. The new owners are quite anxious to discuss this road going through. We have also received a commitment from Senator Rath of $300,000 in Multi-Modal money to begin the process. He has met with the Mountain Development Company, as well as, Supervisor Hallock has to discuss this with them. If it goes in, it will probably be segmented. Supervisor Hallock added that Mountain Development Corporation is the new owner of the mall.

James Callahan said we do not have any engineering approval for Phases II & III at this time.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution approving the application of Forbes Homes, Inc. for Final Plat Plan Approval:

WHEREAS, Forbes Homes has applied for a final plat plan approval, a copy of which is annexed as Exhibit A, and

WHEREAS, on November 19, 2003, the Town Board failed to affirmatively approve said application, and

WHEREAS, Forbes Homes filed a Petition under Article 78 of the CPLR seeking to annul the lack of affirmative approval and directing the approval of the final plat plan, and

WHEREAS, on March 5, 2004, Supreme Court Justice Joseph R. Glownia granted the Petition thereby annulling the previous action of the Board and directing approval of the final plat plan in accordance with the subdivision and zoning regulations of the Town of Clarence, a copy of which is annexed as Exhibit B, and

WHEREAS, the Town Board has made certain findings in regard to its consideration of the approval of the final plat plan, a copy of which is annexed as Exhibit C,

NOW, THEREFORE BE IT

RESOLVED, that in compliance with the Order of Justice Glownia directing this Board to approve the final plat plan in accordance with the zoning and subdivision regulations, the Board has made certain findings of fact regarding such application, and be it further

RESOLVED, that the Board does hereby approve the final plat plan of Forbes Homes as directed by Justice Glownia, and be it further

RESOLVED, that the approval of the final plat plan is conditioned and in accordance with the findings of this Board.

This approval is conditioned upon dedication of the roads, after a final walk through for inspection by the Highway Superintendent and Town Engineer; and finalization of transfer of wetland property to WNY Land Conservancy as agreed.

On the question, Supervisor Hallock said Exhibits A through C will be made a permanent part of these Town Board minutes.

Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Supervisor Hallock asked Mr. Callahan to repeat what he said about Phases II & III. James Callahan said he does not have engineering review and approval. Jeff Palumbo said his understanding is that it was all completed and submitted at the same time Phase I was. Town Engineer Latona said he will have to look.

Elliott Lasky said the engineering for the entire project was submitted at one time. He never wanted a partial approval. The Town Engineer should find, in his records, a completely engineered project with signoff by the County. The permits are still valid. He is not against the north/south corridor, but he has been patient for four years. He could get caught up for many years and not be able to use the property.

Town Engineer Steven Bengart said based on the fact that we do not know, his recommendation is to table the issue.

Motion by Supervisor Hallock, seconded by Councilman McPherson to table decision on Development Plan Approval for Roxberry Subdivision Phases II & III until the next meeting in two weeks. On the question, Councilman McPherson said he assumes that the tabling will be until the Engineering Department and the other departments can review the material that has been submitted to see if it is in fact as Mr. Lasky stated. Councilman Kolber asked if there is any possibility of action by inaction by default if we do not do this within a certain period of time? Town Engineer Latona said this is for Development Plan, not Final Plat. Councilman McPherson said it should not take very long to review this. He requests that the matter be tabled until the next Town Board Meeting. Supervisor Hallock said actually we have a very full agenda in two weeks and she would like to take it out to the next meeting. Jeff Palumbo said it should not take much discussion from the Board. Councilman McPherson said we will get a status report on it and if it is accurate, then we can dispose of it. (The motion was amended.) Councilman Kolber asked what the Master Plan recommends for this area. James Callahan said it recommends the development of the corridor plan. Jeff Palumbo said this project predates the Master Plan. Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request by Eric Johnson for an outside display permit for Whitford Equipment Merchandise at 10165 Main Street until the end of the meeting or if the applicant does not show, until the next meeting. On the question, Councilman McPherson said there were actions filed against this individual that were suspended pending his appearance here tonight. He recommends that if he does not show up tonight, those actions be reinstated and enforcement take place immediately. Supervisor Hallock said we will address this at the end of the meeting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Custom Carpets requests Architectural Approval and referral to the Building Department for a new façade at 5085 Transit Road. James Callahan said the location is in the Major Arterial Zone on Transit Road in front of the Eastgate Plaza. The Town Board has discretionary authority, per the Zoning Law, to approve architectural style. Jay McDonnell and his contractor Gary George were present. The height of the proposed tower is 30 ft., which is in compliance.

Motion by Councilman Bylewski, seconded by Councilman McPherson to grant Architectural Approval to Custom Carpets and refer the request for a new façade at 5085 Transit Road to the Building Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

William Schutt & Associates requests referral to the Planning Board for review of a 122-lot subdivision on 86 acres north of Pine Breeze Subdivision. William Schutt of Wm. Schutt & Associates and Sean Hopkins of Renaldo and Palumbo were present. Mr. Schutt said he just found out that this was on the agenda by chance and did not make a submittal nor is he the project sponsor. He believes this is due to the action made at the March 24, 2004 meeting. Upon further examination, after that meeting, he and the Town Engineer discovered that the northwest portion of this property was outside of Clarence Sewer District No. 2. They have modified the Concept Plan and made an amended submittal to remove that area. They are prepared to advance that plan with the Planning Board.

Councilman Bylewski said he asked the Planning Department to place the item on the agenda. Mr. Schutt and Councilman McPherson did state at the March 24, 2004 meeting that it was entirely contained within the Sewer District.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to rescind the referral that was previously granted on this project, a 122-lot subdivision on 86 acres north of Pine Breeze Subdivision, to the Planning Board. On the question, Councilman McPherson said to clarify the record, he did not state that it was within the District. He said so far as we know, and he remembers asking a couple of times if this was all in Sewer District No. 2 and no one said no. Councilman Bylewski read from the record that, “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.” Councilman McPherson said it was represented in the Work Session that it was all in the Sewer District. Councilman Bylewski said that was his understanding too. Councilman Kolber said he also checked it the next morning. Councilman Bylewski said his comment was not meant to cast dispersions on anyone. It was merely to state that we, the Town, was under the impression that it was in the Sewer District and upon further review it was not.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said it is his understanding that a new plan was submitted and we have not had a chance to review it. Sean Hopkins said what they did was remove the lots outside of the Sewer District.

Motion by Councilman Bylewski, seconded by Councilman Weiss to place this item on a Town Board Agenda in compliance with the just passed Town Board Notification and Agenda Policy. On the question, Sean Hopkins asked for clarification. Councilman Bylewski said we passed a policy regarding items being placed on the agenda and Town Board Work Sessions. This new submittal, although it may relate and bear upon the same property, we have not had a chance to review it. Sean Hopkins said he disagrees because they do not have a new application. He does not see why this project cannot move forward. They revised the plan and it is entirely within the Sewer District. Councilman Bylewski said that was also stated at the prior meeting. We need to make sure, as the gatekeepers of the Town, that we comply with the Master Plan to warrant further review. Sean Hopkins said it is a mere referral to start the process. Councilman Bylewski said the process starts here. Town Attorney Steven Bengart reminded the Board that this is not the time for debate and it does not have to be debated. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock. Noes: Councilman McPherson. Motion carried.

Pizza Inn requests a Temporary Conditional Permit for outside dining at 6235 Goodrich Road. James Callahan said the location is the east side of Goodrich Road, north of the Building and Engineering Department in the Commercial Zone. The Master Plan identifies this area in a Commercial classification. Rick Smith, one of the owners was present. Councilman Bylewski said one of the issues he would want to know at the Public Hearing is the hours of operation. There is also the issue of extension of the sidewalk to his property.

Motion by Councilman Bylewski, seconded by Councilman Kolber to set a Public Hearing May 12, 2004 at 8:00 P.M. to consider a Temporary Conditional Permit for outside dining at 6235 Goodrich Road for Pizza Inn. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dan Singer requests a Change-In-Use Permit from office to ice cream stand at 6251 Goodrich Road. James Callahan said this is just north of the new Pizza Inn location on the east side of Goodrich Road in the Commercial Zone. The Master Plan identifies this area in a Commercial classification.

Dan Singer said the only thing he wishes to change are the front windows so that they slide up and down. He would like to move trees from the front of the building. He also plans to put a handicap ramp on the walkway to the right of the building. An exit way will be installed to the left side of the building with handicap access as well. Hours of operation would be Monday through Thursday from 11:00 A.M. to 9:00 P.M., Friday 11:00 A.M. to 10:00 P.M., Saturday from 10:00 A.M. to 10:00 P.M. and Sunday from 10:00 A.M. to 8:00 P.M. They will use the existing parking lot, lighting and sign. There are a few trees that need straightening or replacement. If warranted, additional parking could be added along the sides or the back of the facility. It is a sewerd property. Plans will be submitted by a licensed architect meeting all necessary codes. He will also need Erie County Health Department approval. It is basically going to be a walkup ice cream stand, family owned and operated. No inside business, just cash and carry. He would like to get it open for the season. In the future, he would like to extend the overhang. Mr. Singer would also like to extend the sidewalk to this location.

Motion by Supervisor Hallock, seconded by Councilman Weiss to refer the request by Dan Singer for a Change-In-Use Permit from office to ice cream stand at 6251 Goodrich Road to the Planning Board. On the question, Councilman Bylewski asked if a site plan was submitted? Mr. Singer said he was told by Mr. Callahan to submit the application. The parking is going to be the same and none of it will be eliminated. Councilman Kolber said it was mentioned that he would have a truck at this location. Mr. Singer said he owns an ice cream truck and he has a permit to go around and sell ice cream. It is currently parked in his driveway. He would like to park it at the site if he could. Councilman McPherson said with what he said he is going to do, there is no change to the way it looks now. Mr. Singer said enhancing the sidewalk and the changing the windows is about all. Councilman Bylewski asked if there were any reasons for review by the Engineering or Building Departments? Town Engineer Latona said only the Building Department for ADA requirements. James Callahan said the required amount of spaces is appropriate for the size. Upon roll call – Ayes: None. Noes: All. Motion carried. (Supervisor Hallock said she made the motion based on the discussion in the Work Session. Councilman McPherson said there were a lot of things that they thought were going to be different than what was presented and he respects the Supervisor’s motion.)

Motion by Councilman McPherson, seconded by Councilman Bylewski to grant a Change-In-Use Permit from office to ice cream stand at 6251 Goodrich Road per the statements of the applicant. On the question, Councilman Kolber asked if we should amend this to say that it meets all the requirements of the Town? Councilman McPherson said he has to go to the Building Department and they will enforce that. It is part of the process. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dr. Ismet Hallac requests Architectural Approval and referral to the Building Department for a 3,700 sq. ft. addition to Eastern Transit Plaza. James Callahan said the location is the east side of Transit Road, south of Roll Road with Major Arterial along the frontage. The Master Plan identifies this area in the Commercial classification. The Planning Board recommends approval. The Landscape Committee has approved the submitted landscape plan. It would be subject to Open Space Fees and referral to Building and Engineering for the Building Permit.

Councilman Bylewski said Valu denied the request from the Town for access between the two properties. Dr. Hallac said he is glad that the request was made and maybe they will think twice about what if there was an accident. He would be happy to extend his parking lot to the property line if the Town wants him to. James Callahan said he sent the letter to the Valu Plaza owners to see if there was a possibility of providing access management and connectivity. The response was that they are vehemently opposed. Dr. Hallac said people are driving through the grass and doing it now. His property is 10 ft. from the other parking lot. Town Engineer Latona suggests it should only be extended wide enough for a driveway somewhere between the façade and Transit Road. Otherwise, it would be all pavement.

Motion by Councilman Kolber, seconded by Councilman Bylewski to grant Architectural Approval and referral to the Building Department for a 3,700 sq. ft. addition to Eastern Transit Plaza subject to all recommendations of the Planning Board, opinion of the Town Engineer and Traffic Safety for placement of the potential extension of the driveway to the adjacent property, uniform signage for the plaza occur and Open Space Fee. On the question, Councilman Weiss said he has to recuse himself because Dr. Hallac has done exams for one of his companies. Upon roll call – Ayes: Councilmembers Kolber, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Dr. Hallac said he bought the property on Greiner Road that the Town was thinking about purchasing a few years ago. He just replaced the roof and wanted the Town to know that the barn is going to remain on the site.

Supervisor Hallock asked if the applicant for item 17 was available and he was not.

Motion by Councilman Bylewski, seconded by Councilman McPherson to authorize the Planning Office to pursue whatever legal remedy, on behalf of the Town, for any violations that may be ongoing. On the question, Supervisor Hallock asked once again, if Eric Johnson, item 17, requesting an outside display permit for Whitford Equipment Merchandise at 10165 Main Street was present. He was not. Councilman McPherson said his appearance ticket was suspended in lieu of his being present here tonight. This is to rescind the suspension. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications – A. Harris Hill Vol. Fire Co. Ladies Aux. – Apr 18, 2004; B. CSEA Blue Collar – Apr 21, Aug 11 & Oct 13, 2004; C. Girl Scout Troop #92 – May 19, 2004; D. Hunter Training Seminar – Aug 14 & 15, 2004; E. Welcome Wagon – Sept 8, Oct 13, Nov 10 & Dec 8, 2004; F. Girl Scout Troop #973 – Sept 22, Oct 27, Nov 24 & Dec 22, 2004; G. Clarence Contemporary Club, Inc. – Sept 27 & 28, 2004; Legion Hall Applications – A. Girl Scouts of Clarence – Apr 20, 2004; B. Sara Schupach – Apr 23, 2004; C. Katrina Maccallini – Apr 24, 2004; D. Homa Khanjani – May 15, 2004; E. Clarence Log Cabin Quilters – Jun 2, 2004; F. Dawn Krayna – Jun 5, 2004; G. Bradley Batt – Jun 27, 2004; H. Clarence Log Cabin Quilters – Jul 24, 2004; I. Alan Herrscher – Aug 1, 2004; and Park Pavilion Special Requests – A. Clarence Rotary – Jun 25, 2004; and B. Clarence Library – Aug 11 & 13, 2004. 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 April 8, 2004 are approved for payment: General Fund - $100,651.97; Highway Fund - $38,785.70; Water District - $33,092.03; Sewer Districts - $626.87; Capital Fund - $46,684.71; and Trust & Agency 203 - $6,204.46 for a total amount of $226,045.74. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Pete Gorton, Hedgewood Dr. said in regard to Casilio’s, he has no problem with reusing Commercial property. He did have issues with rezoning next to that a few years ago dealing with the Town not asking the proper questions so that we did not have potential hazards in the backyards of residential properties. He does not have a problem with the answers the gentleman gave regarding his business.

He believes the Town needs to ask more questions. We need to ask for processing diagrams, affluence and not just take their word for it.

Mr. Gorton cannot understand how a Negative Declaration could be issued for the proposed extension of Bryant and Stratton Way. He has a host of questions regarding the engineering. He was waiting to do that through the SEQR process. The consequences of that roadway into the adjacent residences alone would require a Positive Declaration.

Mr. Gorton said in regard to sewers, we need to think about existing residents. He is all for people getting a reasonable return on their property, but what about the effects on the existing residents. He feels the developer should be hooking up existing residents along with the new development.

Frank Kennedy said he did not think he was giving anyone a hard time. We have been promised something would be done regarding the extension of Bryant and Stratton Way for a long time and nothing has been done. His property is now a dead end and they want to make him a corner property. He is the highest taxpayer on his street and that will cause them to be higher. The streets in that neighborhood will not take another 40 –50 cars three times a day. He is fighting for his family and his neighborhood.

Town Attorney Steven Bengart said he knows this is directed at him and he apologizes for it. He is sorry, but Mr. Kennedy misheard him. Mr. Bengart was apologizing to him because Mr. Kennedy may think he was giving him a hard time.

Mr. Kennedy said he wants the road done and if there is anything they can do, please let him know.

Bob Roach, Gentwood Drive said he thought everyone who spoke was supposed to identify themselves. One person spoke out from the audience and did not do that. He has had six years with an organization dealing with Parliamentary Procedure and he does not understand all the amending of motions by the Town Board. If a motion is to be amended, a person should make a motion to amend the motion.

Councilman Bylewski said he is well aware of Parliamentary Procedure. The Town Board does not have set Parliamentary Procedural Rules. Therefore, there is that little bit of informality.

Councilman McPherson said the success of that depends on someone asking the person who made the motion if they are willing to amend it. If they are willing to amend it, you do not have to go through the rest of it. That is a very long established procedure. Town Attorney Steven Bengart added that Town Law allows for that.

Councilman Kolber said he is not happy about voting for Roxberry Phase I. He did only because we were under a court order to do it. We looked at the issues of the fill. It is certified clean fill. He spoke with Engineering regarding the height issues and they say they are going to be within 2 ft. of the houses behind them.

Councilman Kolber said the business on Bryant and Stratton Way is cutting and repackaging. It is not manufacturing. He is working on the issues and the future of the Town is why he is here.

Bob Roach said he and his wife noticed workmen out pounding stakes in the wetlands this afternoon. He spoke with them and they said it was “so the hippies can come in and plant trees.” There was a complaint that they cut down too many trees. Mr. Roach said obviously the DEC has moved ahead with the sanctions for violation of the permit. The Town of Clarence has done nothing, but apparently the DEC is moving on it.

Pete Gorton said the fill that was brought in to Roxberry is not certified clean. There is enough reason to doubt certification of the fill that somebody should be looking at.

Town Attorney Steven Bengart said based on Mr. Gorton’s recommendations, we have instituted a policy. The Building and Engineering Department has to receive documentation sufficient to them. Mr. Gorton said if he was doing the same project in the city of Buffalo, it would be a different story.

There being no further business, Supervisor Hallock adjourned the meeting at 10:15 P.M.

Nancy C. Metzger, Town Clerk