04/26/06


A Work Session of the Clarence Town Board was held on April 26, 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, Bernie Kolber and Pat Casilio. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, Assistant Director of Community Development James Hartz, Director of Administration and Finance Pam Smith and Assistant Town Engineer Tim Lavocat.

Assistant Director of Community Development – James Hartz

Formal Agenda items:

Clarence Center VFC
Clarence Center Volunteer Fire Company requests a Demolition Permit 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. This project will be referred to the TEQR Committee and Historical Society for review and recommendation.

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. The applicant has indicated that he will donate 25% of his property for bike path but he did not show it on the plans submitted. It was suggested that the applicant be required to submit an overall design for the property. The proposed site is located in Clarence Sewer District #2, but the question comes up as to how to get sewers to the site. Assistant Engineer Lavocat stated that the applicant would have to upgrade the pump station on Keller Road in Forestview Subdivision and then there are capacity issues beyond that.

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. Assistant Town Engineer Lavocat stated that he received the fill permit application this afternoon and it was incomplete. It was suggested that the project be tabled until the application is complete.

Harold Sheg 9675 Tonawanda Creek Road
Applicant is seeking approval for a two lot minor subdivision. 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. Applicant will need a Floodplain Development Permit however the proposed site is not in the density flood way.

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.

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. A site plan was submitted requesting six table’s w/four chairs each in front of restaurant. Hours of operation and noise should be addressed. The applicant will be present to answer any questions regarding parking. A Public Hearing date will be set however, Jim Hartz suggested this proposal be sent to the Planning Board for recommendation on parking relative to where the tables and chairs will be situated.

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. There are parking issues. They are required to have 150 spaces and they have 108 in the front of the building. The proposed plans indicate a future 44 parking spaces to the rear – it is best not to add any additional pavement if not necessary. Under the Zoning Law, there is a 150 square foot per parking space requirement however the Town Board can vary from it for green space. Paving and striping of additional parking spaces in the rear upon future determination of Town Board.

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, drainage issues with poor soils and rock near the surface. The size 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.

Temporary Conditional Permit– renewals

Work Session items to be considered at May 10, 2006 Town Board meeting:

David DeMarie Dance Studio 8965 Sheridan Drive
Applicant requests Development Plan approval for an 11,000 square foot dance studio and accessory retail building. The proposed site is located just west of the Dynabrade facility on 2.3 acres zoned Commercial with a single-family home on site. The proposal includes building a new 11,000 square foot dance studio and accessory retail space with parking and utilities.

Joe and John Rubino 8850 Clarence Center Road
Applicants request a recommendation as to subdivision design, interpretation of setback and determination on sewer extension 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. Applicant is proposing a 36+/- lot 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. Supervisor Hallock will meet with Erie County Sewer District #5 next week and will discuss sewer capacity and the establishing of a sewer policy regarding in-district and out-of-district customers, priorities regarding existing buildings vs. new builds. Several Town Board members questioned who, when and why Sewer District #6 was formed or how it was established. Jim Hartz stated that it is basically a district on paper that does not have any capacity. John Rubino stated that he has provided all the documentation indicating that his project is in Sewer District #6, each Board member was given a copy of the contract. As far as sewer capacity in Amherst, Mr. Rubino is making improvements in Amherst and the Town of Amherst has provided a letter indicating there is capacity for Mr. Rubino’s proposed project.

Ken Thompson - Miland Road
Applicant requests a minor subdivision for two residential building lots. The proposed site is located on 7.4 acres of property located approximately 1,660’ north of the intersection of Salt Road on the east side of Miland Road, zoned Agricultural. The applicant is proposing to make two lots out of one. The project will require departmental review for drainage, property address and highway work permits.

Norm Castine 7050 Goodrich Road
Applicant requests Town Board approval for a residential development not recommended by the Planning Board. The proposed site is located on the west side of Goodrich Road between Martin and Lapp Roads on existing vacant land consisting of approximately 28.7 acres zoned Agricultural Rural Residential. Applicant is proposing a public road extension to service 12 residential lots. The Planning Board has forwarded a recommendation to deny the request and proceed with a 5-lot Open Development area as previously designed. The applicant said to throw out his Open Development Area plans.

Roger Czarnecki - Willow Lake Drive
Applicant requests a 4-lot minor subdivision along Thompson Road and the terminus of Willow Lake Drive, utilizing existing public road frontage on Thompson and Willow Lake Drive. The 14 acre parcel is located at the end of Willow Lake Drive between Thompson and Old Goodrich Roads. The applicant was recently referred to the Planning Board for a 10-lot major subdivision, but has decided to scale back his plans. This project will require departmental review for drainage, property addressing and highway work permits. Councilman Bylewski asked if this was a four lot or five lot subdivision, there are four lots being created off a fifth lot so it would be a major subdivision.

Supervisor Kathleen Hallock

Supervisor Hallock will make a transfer in General Fund.

Supervisor Hallock has a motion to adopt the Hazard Communication Program policy, which was developed by Dave Bissonette in compliance with the OSHA Hazard Communication Standard. Town Attorney Bengart has reviewed the policy.

Supervisor Hallock will make a motion reaffirming Master Plan 2015; it is part of a grant application.

A morning Work Session is scheduled for May 3rd. Dresher & Malecki will demonstrate a five year budgeting plan. The Town Board will also discuss sewers and the sewer policy.

The May 24, 2006 Work Session will begin at 5:30 P.M. Tyson Smith will be on the agenda.

A copy of a Resolution passed by the Town of Lancaster regarding the removal of toll booths was passed out at the last Work Session. Councilman Bylewski said that the Lancaster Resolution referred to the removal of the Williamsville Toll barrier but did not indicate where it should be moved to. While he agrees with the elimination of the Black Rock and Grand Island barriers he has concerns with the relocation of the Williamsville Toll barrier impacting someone else. Supervisor Hallock will reword the Resolution and will distribute at the next Town Board meeting.

Reminder letters were sent out to five people who have not yet submitted Ethics Disclosure Forms. They were given ten days, until April 28 to respond to the letter. If forms are not received by next Town Board meeting, a final letter will be sent via certified mail.

Supervisor Hallock gave an update on the Economic Development Officer position. The IDA and Chamber of Commerce held a joint meeting. The IDA would pay $15,000 annually toward the position and would like the Town to pay $15,000 also. The person would be an employee of the Chamber and all other costs would be covered by the Chamber of Commerce. A job description will be handed out when finalized, the position will be advertised.

The Town received another grant from Community Development for $90,000 for sewers in the Hollow on Bodine Road. Joe Latona is already working with CDBG (Community Development Block Grant) on it. The project has to be started this year. Assistant Town Engineer Lavocat said this takes the sewers up Sawmill Road to Parkside, East and West Avenue, Ransom Road from Main Street to the bridge, Academy and all of Bodine Road. West Avenue will include sidewalks and the elimination of the sand filter that the town maintains.

Councilman Kolber has not heard back from Samina Raja.

Supervisor Hallock has a Resolution authorizing her to sign a one-year lease between the Town of Clarence and Kreher’s Poultry Farm for agricultural purposes.

Supervisor Hallock has a Resolution authorizing her to submit an application to NYS Office of Parks, Recreation and Historic Preservation for funds to resurface the walking path in the Clarence Arboretum for access by the handicapped and elderly.

An addition to the harassment policy Section 902 will be approved at the May 10th meeting, copies will be distributed.

Supervisor Hallock will make a motion to approve a special event that will take place on the bike path on May 21, 2006 for Zion Lutheran Church first annual Triathlon.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski received correspondence from NYS DEC confirming the closure of Clean Harbors BDT, LLC.

Adelphia Cable has announced that they will provide the Regents Review program and will contribute to our local educational institutions by bringing up to 500 hours of dedicated programming to our schools every month through their Cable in the Classroom programs.

The application for Smart Growth Excellence award will be forwarded to the Planning Department.

Councilman Bylewski has two items to discuss in Executive Session relative to matters leading to the appointment of an individual and potential purchase of real property.

Councilman Bylewski will announce a vacancy on the Historic Preservation Committee.

Recreation Director Dawn Kinney is requesting Town Board approval to attend an Association of NY State Youth Bureau seminar in Rome, NY.

Two Planning Board members are requesting Town Board approval to attend a seminar in Rochester, NY.

Councilman Bylewski met with the Youth Advisory Council. They are very interested in moving forward with a RFP or RFQ for the design of a new facility. Based on the research they have done and based on the research the Youth Department and the Recreation Department has also done, they believe a new facility is necessary. They have a list of items that they would be looking for in a facility such as meeting rooms, class rooms, small gymnasium (basketball size court) and additional youth/recreational directed activities. Councilman Bylewski would like Youth Director Dawn Kinney to work on putting together an RFP or RFQ so we can see what design firms are out there towards designing a new youth facility whether it be a Community Center or a Youth & Community Center with emphasis on the youth overall. Councilman Weiss felt that with the cost of gas at $3.00 a gallon, payrolls are not meeting the cost of living, automobile companies downsizing wages; he has concerns with funding this type facility. Councilman Weiss felt it would be a huge expense especially when we have several outdoor basketball courts as well as the school gymnasiums.

Councilman Bylewski stated that the school gymnasiums are not available for the youth programs. Basically, he is looking to get a handle as to what the cost of this type of facility would be.

Councilman Kolber said that he would be interested in a partnership with the YWCA. Councilman Bylewski stated that the YWCA is not interested in building a facility in the town; we do not have the population to support for their marketing purposes.

Councilman Weiss would like to see the needs assessment for such a facility, the town has just built several ball diamonds and soccer fields etc.

Councilman Bylewski suggested that if any Board member has any questions or concerns, they should talk to Dawn Kinney or the Recreation Department before the next Work Session.

Councilman Casilio stated that he would like to see a community center that the senior citizens could also utilize.

Councilman Joseph Weiss

Several months back, Councilman Weiss handed out a list of ideas Parks Crew Chief John Burns came up with to cut costs in the Parks Department and to date, no one has responded to the handout. Some things have been done such as implementing fees for pavilions and sports tournaments. John also suggested an energy audit on all town buildings and he would like to move forward with this.

In meeting with Highway Superintendent Ted Donner, Ted indicated that his men survey the town looking for any plow damage. Councilman Weiss felt this was a great expense to the town in that we may be repairing yards that were not damaged by our plows.

Further Councilman Weiss did not feel that it was the Town’s responsibility to pick up large amounts of brush for commercial type jobs that residents should contract out for or that the Park’s Department should be stripping ball diamonds on weekends for baseball tournaments.

Town Attorney Bengart suggested Highway Superintendent Ted Donner and Parks Crew Chief John Burns attend a morning Work Session to discuss these concerns.

Highway Superintendent Ted Donner is requesting Town Board approval to place an order for new plow equipment and dump bodies with STS Truck Equipment. STS was the only supplier submitting a complete bid package with a bid price of $114,570.00.

Highway Superintendent Ted Donner is recommending the hiring of Charles Walker as a part time seasonal employee, effective May 1, 2006.

Parks Crew Chief John Burns has several pieces of equipment to declare surplus.

Parks Crew Chief John Burns is recommending several people be hired as seasonal help in the Parks Department at the budgeted rate of pay.

At the April 12, 2006 Town Board meeting, Clarence resident Jonathan Capozzi gave a presentation to the Board relative to a BMX/ skate park facility. Councilman Weiss will follow up on this by visiting the Town of Webster with Mr. Capozzi and Youth Director Dawn Kinney. Town Attorney Bengart has concerns regarding liability to the Town.

Councilman Bernie Kolber

A public forum was held April 24, 2006; Councilman Kolber thanked all those who attended.

Councilman Kolber has an appointment to make on the Library Board however, to date, the Library Board has not made a decision.

Library Director Roseanne Butler-Smith would like to meet with the Town Board to give an update on the library.

Councilman Pat Casilio

Councilman Casilio has been working on a street light proposal, he e-mailed the Board. The annual cost is $100. a year per light to operate.

There are several positions open on Town Security.

Town Attorney Bengart stated that he is troubled by ad-hoc committees. He is suggesting instead of creating an ad-hoc committee for one year add them as a sub-committee. There are a several residents in the Harris Hill area interested in cleaning up the area around Nottingham Terrace in time for the Bi-Centennial. Town Attorney suggested creating them as a sub-committee of the Bi-Centennial Committee.

Councilman Casilio will make a motion to create a sub-committee of the Bi-Centennial Committee.

Councilman Casilio has contacted both the White Collar/Blue Collar Unions to start contract negotiations.

Town Attorney Bengart has one item to discuss in Executive Session under Attorney Client privilege regarding Visone vs. Town of Clarence.

There being no further business, the Work Session adjourned at 7:30 P.M.

Darcy A. Snyder
Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, April 26, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 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 Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Asst. Town Engineer Timothy Lavocat, Deputy Supervisor Anne Case and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held March 22, 2006 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to accept the minutes of the previous meeting held April 5, 2006 as received. On the question, Councilman Kolber said he will recuse as he was not present. Upon roll call – Ayes: All; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held April 12, 2006 as received. On the question, Councilman Kolber said he will recuse as he was not present. Supervisor Hallock said she received a correction for page 143 – motion to set a Public Hearing on May 10, 2006 for a Temporary Conditional Permit for outside dining at 6045 Goodrich Road at 8:00 P.M., should be at 7:55 P.M. Also, on page 132 – proper spelling of the applicant Sheg is Scheg. Upon roll call – Ayes: All; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt a Hazard Communication Program – Workplace Safety Policy in compliance with the OSHA Hazard Communication Standard, Title 20 Code of Federal Regulations 1910.1200. A copy of said policy will be on file with the office of the Town Clerk and distributed to all Town of Clarence Department Heads. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
          It is hereby resolved by Clarence Town Board that the Town of Clarence Master Plan 2015, originally adopted by the Town of Clarence at a regular meeting of the Board in August 2001, has been reviewed, reaffirmed and is in-effect as the guiding document for the preservation and development of open space in the town.
          On the question, Supervisor Hallock this is necessary for a grant application.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize a transfer of funds in the General Fund in the amount of $2,000 from A 5010.1 Personal Services to A1952 Printing and Advertising. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve a Special Event request to Zion Lutheran Church on May 21, 2006 for the Zion First Annual Triathlon on the Peanut Line bike path. On the question, Supervisor Hallock said the event includes a three mile run and a 10 -12 mile bike ride. The time is from Noon to approximately 3:00 P.M. Zion Church will have people stationed at intersections. All appropriate agencies will be notified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski reported that we received a communication from the DEC that was in response to a letter from Clean Harbors BDT confirming the completion of the obligations imposed by the Order on Consent. This letter is on file in the Town Hall.

Councilman Bylewski reported that Adelphia is going to provide the Regents Review time on channel 13 beginning May 1st. The time schedule is posted as a link on our website.

Motion by Councilman Bylewski, seconded by Councilman Kolber to appoint Patrick Miner as a member of the Town Environmental Quality Review Committee with term to expire 12/31/08. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that there is still an opening on the Historic Preservation Committee for anyone interested.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant approval for two Planning Board members to attend a workshop in Pittsford on May 19, 2006 with all reasonable and necessary expenses to be paid by the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there is one opening on the Youth Advisory Committee for anyone interested.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant permission for Youth Director Dawn Kinney to attend the Association of New York State Youth Bureaus Director’s Retreat May 9 & 10, 2006 in Rome, New York with all reasonable and necessary expenses. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation of Highway Supt. Ted Donner, the bid for new plow equipment and dump bodies be awarded to STS Truck Equipment at their bid of $114,570 to be paid from the Highway Equipment Bond. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the appointment of Charles Walker as a part time seasonal employee effective May 1, 2006 in the Highway Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to declare the following as surplus equipment in the Parks Department: 1 – 1996 F-250 Ford Pickup VIN #1FTHF25H3TEB829871; 1 – Sullivan Compressor; 1 – Clark Litter Vac; 1 – Giant Vac Blower; and 1 – Set of Parker Law Sweepers. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that upon recommendation of Parks Crew Chief John Burns, the following be hired as seasonal help in the Parks Department at the budgeted rate of pay: Matthew Lenhardt, Kevin Cournan and Jacob Young effective May 8, 2006; Cal Ribbeck, Lauren Pelczynski and Lindsey Edbauer effective May 15, 2006; James Helms effective May 22, 2006; Michael Knavel effective June 1, 2006 and Jason Barone effective June 5, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said Jonathan Capozzi, a 15 year old Clarence resident made a fine presentation at the last meeting requesting a skate board park be built in Clarence. Councilman Weiss and Youth Director Dawn Kinney are going to take Jonathan to Webster to visit their facility and get the details.

Councilman Weiss said he has been getting some good natured ribbing in the Clarence Bee. Kim Karcher did quote him correctly by saying that stupidity and apathy were a couple things that impacted the voting on the garbage district. He said he did not call anyone stupid, but believes that some of the thinking was. A woman said she likes three garbage companies because if she misses her garbage she can take it to the neighbors. Another person said they did not want the government meddling with anything they do. Councilman Weiss said you have to stop at stop signs, pay your taxes, etc. This is one of the few instances where the government is going to save a few bucks. He said at the end of his term in 2007 we will see who made the right decision especially with the rise in gas prices.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize the Supervisor to sign a one-year lease between the Town of Clarence and Kreher’s Poultry Farms for agricultural purposes for an annual fee of $3,000 to farm the Town owned property at Salt and Greiner Roads. On the question, Councilman Bylewski said they have using this land agriculturally for a number of years. Supervisor Hallock added that they use an organic farming method. Councilman Kolber said this is property the Town purchased under the greenspace program. The land is being used as it has been. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following Resolution:
          Resolved, that Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in Accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount of $13,060 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Clarence to resurface the walking path in the Clarence Arboretum for access by the handicapped and elderly. The Town of Clarence will provide $13,060 in cash and in-kind goods and services as matching funds or 50% of the total project cost of $26,120.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber thanked everyone who came out for the Resident’s Forum. It was not very well attended, but the people who were here were interested and they had a number of questions. In the future, we would like to have some of the department heads available to help answer questions.

Councilman Casilio said they are working on a few street light requests, which will be addressed at the next meeting.

Councilman Casilio said he will be presenting the ad hoc committee report at the next Senior Center Advisory Board meeting in May.

Motion by Councilman Casilio, seconded by Supervisor Hallock to form a sub-committee of the Bicentennial Committee called the Marrando Restoration Committee whose purpose is to clean up and restore the Nottingham Terrace entrance to the Harris Hill Gardens. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio reported that Erie County is holding a Household Hazardous Waste Drop Off at Erie Community College North campus on Saturday, May 13th from 9:00 A.M. to 2:00 P.M.

Councilman Casilio thanked Councilman Weiss for his comments regarding the garbage district. He had a Grandmother say she was glad the garbage district did not go through and the same day her grandchild said they wish it did because they are sick the Grandmother bringing over her garbage.

Supervisor Hallock said in regard to the committee just formed for sprucing up the entrance at Harris Hill Gardens, they are accepting applications through May 24, 2006. Some people have expressed an interest.
          Councilman Casilio said they are going to try to make it look like it did in the pictures in the Harris Hill Historic Book by Doug Kohler. Supervisor Hallock added that she has applied for a grant from Senator Rath for the sidewalk.

Town Clerk Nancy Metzger received notice from Erie County Water Authority that they are amending their Tariff effective May 1, 2006 to add a one time courtesy reversal of a delinquent charge to customers with a good payment history. This will apply to residential and commercial customers.

Department Reports

Patricia Powers, Planning Board Chair said back in December she reported that the Planning Board, TEQR Committee and the Zoning Board of Appeals were going to undertake a course of study, the Land Use, Training and Certification School. The Planning Board has completed all nine tutorials and qualifies for certification. One member of the Town Board and four members of the TEQR Committee have also completed the study.
          Supervisor Hallock said this is something we can be proud of and thanked those who participated.
          Councilman Bylewski said this is an excellent set of credentials to have. It lets the applicants know that we do our homework and have the qualifications to sit in judgment over the proposed projects.
          Patricia Powers said we may be the first Town in Erie County with these three boards certified.

Public Participation

Bud Smith, Thompson Road spoke regarding item 11 for a Demolition Permit for Clarence Center Fire Company, of which he is a member. He is against the issuance of a Demolition Permit for this building. Our Bicentennial, the 100th year anniversary of the Fire Company and Williams Hall will be 98 years old all in the same year. It is in need of a facelift and some repairs that he feels should be done. It is the first fire hall built in the Town of Clarence. It could be fixed and used for other things. We should be maintaining our heritage and saving some of our history.

Councilman Weiss said he is also concerned about the impact on the fire company budget to knock that building down and the cost of putting something up in its place. We are experiencing the loss of jobs and reduced salaries of many auto workers in the area. The gasoline prices are rising. He does care about the architectural and historical values as well.

Clarence Center Vol. Fire Company requests a Demolition Permit for a structure over 50 years old at 9415 Clarence Center Road. Daniel Loudenslager, member said he was on the committee 15 years ago to bring the building back. At that time, the cost was $152,000 and the Fire Company chose not to spend the money. To bring it back to a useable building now would cost about $352,000. He does not believe that building warrants being saved for that kind of money.
          The project would be done in phases, the first being to bring the building down. He said there about 6 people against it and about 30 for taking it down. The first phase would also include a parking lot for firemen only. They plan on some type of structure, but not sure of exactly what. The only portion they would save is the piece that says Williams Hall.
          Councilman Bylewski suggested saving the entire front façade and incorporating it into the design of a new building. It may be an alternative to satisfy the preservationists.
          Councilman Kolber said that would leave a huge void in that area. He asked if they have considered other options such as selling it. Mr. Loudenslager said it would be landlocked and he would not even consider that.
          Mr. Loudenslager said they would consider donating it to the Town if they would like to restore it. As it is now, it is useless to them. There is about $42,000 in just asbestos removal.
          Supervisor Hallock asked him if they would consider turning it over to the Town. Mr. Loudenslager said he would bring that to the Fire Company to decide. Councilman Kolber said he would like to review what potential uses there may be. Councilman Weiss suggested that the Town Engineer take a look at the building.
          Town Attorney Steven Bengart suggested asking the fire company to hold off, to give the Town the opportunity to explore possible uses along with the Fire Company. Mr. Loudenslager said he would be willing to work with the Town, but he does not want to delay this for 10 years. The Fire Company made a decision and they would like to move forward. He would hold off for a month or two.
          Councilman Bylewski said we just had a similar situation with the house on Main Street. We were fortunate to have some people in Town who were able to save the building. Town Attorney Bengart said and the owner stepped up to the plate. Councilman Bylewski said that occurred in less than six months.
          Mr. Loudenslager said this is different. He will not even consider selling this building. If someone wants it, they will donate it and they can move it at their own cost.
          Councilman Casilio asked if they have future plans. Mr. Loudenslager said that area is the only space to expand the fire hall. Councilman Kolber asked if they could expand behind the fire hall. Mr. Loudenslager said they have spent a lot of money to expand around the ball diamond.
          Town Attorney Steven Bengart suggested asking the applicant to hold off and go back to the Fire Company and see if they would be interested in donating it.
          Councilman Bylewski said the Town Engineer could give a report on the condition and a ballpark figure as to what he thinks it would cost to rehab it for Town use at the work session next week.
          Mr. Loudenslager said if this does go through, there would have to be a lot of working closely between the Town and the Fire Company. He would be willing to hold off for a month. Their future plan is for a parking lot and a building that would blend in with the existing building.
          Motion by Councilman Bylewski, seconded by Councilman Weiss 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 meeting of May 24, 2006 to allow the Fire Company to explore the possibility of donating it, as well as the Town exploring what could be done with it. Upon roll call – Ayes: All; Noes: None. Motion carried.

Carlton Thompson requests Concept Plan Review for a 16-Lot Subdivision along the west side of Herr Road. James Hartz said the location is the west side of Herr Road in the Residential Single Family Zone and within Clarence Sewer District No. 2.
          Carlton Thompson said he has sold three lots off of this parcel. The plan is five years old and with the new law, they do not meet the requirements. Supervisor Hallock asked what he would do with the land behind there. Mr. Thompson said it will probably end up going to the developers. Councilman Casilio said there is a concern that it will be landlocked. Mr. Thompson said there are open spaces on Herr Road and Keller Road. He is flexible on the layout.
          Supervisor Hallock said with our new Subdivision Law, we are asking for incentive design or open space design. Mr. Thompson said he would like to keep the lots the size they are and he would donate some land along the bike path to make up for it. He would like to put the sewer in there. Councilman Kolber said when they put the lift station in on Keller Road, he was not interested. Mr. Thompson said he paid for a manhole on Keller Road.
          Deputy Town Engineer Timothy Lavocat said the pump station that is there is not designed to handle anymore than what it is now. There would have to be an upgrade. Mr. Thompson was asked at the time to contribute to sizing the pump station to include additional capacity. Mr. Thompson said he was not going to go in on it with someone else. Mr. Latona told him to stay with septic systems. Mr. Lavocat said he would have to hire an engineer to determine the upgrade to the pump station. There are also other capacity issues in the District that have to be looked at.
          Councilman Kolber suggested he hire an engineer to advise him on what could be done. Mr. Thompson said he is not going to stick his neck out until he knows what he can do. He does not want to enter into a private sewer unless the Town backs him up.
          James Hartz said the current design has 100 ft. wide lots. The current requirements are 125 ft., unless there is an incentive lot design prepared. There would have to be 25% of the total acreage on the parcel left. In order for the lots to have septic, they would have to be 5-acre lots.
          Mr. Thompson said his best option is to sell to a developer. He would rather sell one or two lots per year. He was hoping the Planning Board could work things out for him. Councilman Casilio said that is not their job. He has to hire an engineer to do it for him.
          Councilman Bylewski said we can table the request and give the applicant the opportunity to present a different plan or deny the request. Supervisor Hallock said there are too many questions and problems that cannot work for the plan presented. It is not the Planning Board’s job to determine how the sewer is engineered.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to deny the request by Carlton Thompson for a 16-Lot Subdivision along the west side of Herr Road as presented. On the question, Supervisor Hallock said the concerns of the Town Board have been identified above. Upon roll call – Ayes: All; Noes: None. Motion carried.

Carlton Thompson requests a Fill Permit along the east side of Goodrich Road. James Hartz said the location is along Goodrich Road between two homes. Mr. Thompson said he took some trees out and moved the ditch over to the property line. He would like to bring it up to the level of the road. In the future he would like to fill another lot in that same area.
          Timothy Lavocat said he cannot recommend to the Town Board to approve this application as submitted as it is incomplete. There is no detail on what is going on in regard to where the drainage ditch is, how much fill is coming in and what the elevations are.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request by Carlton Thompson for a Fill Permit along the east side of Goodrich Road until the next Town Board meeting to allow the applicant time to complete the application. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request by Harold Scheg for approval for a 2-Lot Minor Subdivision at 9675 Tonawanda Creek Road until the applicant is present. Upon roll call – Ayes: All; Noes: None. Motion carried.

Christopher Carollo requests approval for a 2-Lot Minor Subdivision at 8710 Clarence Center Road. James Hartz said the location is next to Thompson’s Greenhouse in the Residential Single Family Zone consisting of approximately 6.75 acres. The applicant has an application in to the Zoning Board of Appeals for a setback variance. The request does comply with the Master Plan.
          Christopher Carollo said the smaller parcel at 8710 would be approximately ¾ of an acre and the larger parcel at 8720 would be approximately 6 acres.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and after a thorough review of the Environmental Assessment Form submitted by the Planning Department, a Negative Declaration is issued for the proposed Christopher Carollo 2-Lot Minor Subdivision at 8710 Clarence Center Road. The proposed action involves a 2-lot Minor Subdivision in the Residential Single Family Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval for a 2-Lot Minor Subdivision at 8710 Clarence Center Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Saffire Grill requests a Public Hearing for a Temporary Conditional Permit for outside dining at 9780 Main Street. James Hartz said the location is in the Commercial Zone on Main Street between Spaulding Drive and Kraus Road. A drawing was submitted showing where they would like to set up outside dining.
          Supervisor Hallock said the Town Board has questions regarding the parking and would like to see a more detailed drawing at the Public Hearing.
          Councilman Bylewski said they should check with the Planning and Zoning Office to make sure there are enough spaces according to the total amount of seating inside and out.
          Susan Michalski said they would like to place the outdoor seating in the front of the building to be used during nice weather. They will not have an awning.
          The grass area in the back is the septic field and should not be used for parking. Ms. Michalski said they could park to the left of that area. Councilman Bylewski said it may be better to stripe the parking lot to identify where people should park. Ms. Michalski said once they get the permit and they set it up, they could do that.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for May 24, 2006 at 7:45 P.M. to consider the request for a Temporary Conditional Permit for outside dining at 9780 Main Street for the Saffire Grill. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to table the request by Dr. Ismet Hallac for a Building Permit and Architectural Approval for a 5,200 sq. ft. addition to the existing Eastern Transit Plaza at 5445 Transit Road until the applicant is present. Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

David and Patricia Bittar request a Pond Permit at the corner of Wolcott Road and Kenfield Road. Deputy Town Engineer Timothy Lavocat said all proper documentation is in order. Patricia Bittar was present. Supervisor Hallock said all spoils shall remain on the property.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant request a Pond Permit at the corner of Wolcott Road and Kenfield Road to David and Patricia Bittar per submitted and approved plan. Upon roll call – Ayes: All; Noes: None. Motion carried.

Frizlen Associates requests Concept Review for a 3-story, 21,000 sq. ft. office building at 9435 Main Street. James Hartz said the location is the south side of Main Street across from Goodrich Road zoned Commercial back to the State Wetland area.
          Frederick LoFaso said they have revised their previous plan and backed out the residential component for now. They also kept the same footprint for the office building, but added a third floor. They may just build out the project with office space. This would be the first phase of the project. They will evaluate the market for office space and determine what the next phase will be at a future date.
          Councilman Weiss said he has concerns with the architecture of the building being proposed. Mr. LoFaso said the building will be set back from the street. No variances are required. Councilman Weiss suggested looking at buildings on Donnington or the proposed Casilio building. Councilman Casilio suggested a better drawing may depict the building better. Mr. LoFaso said they would work with the Planning Board regarding the building materials.
          Motion by Councilman Kolber, seconded by Councilman Weiss to refer the request for Concept Review for a 3-story, 21,000 sq. ft. office building at 9435 Main Street to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Joseph Nemmer requests Concept Approval for a One-Lot Open Development Area at 9330 Lapp Road. James Hartz said the property is located in the Agricultural Rural Residential Zone west of Goodrich Road. The parcel consists of approximately 5 acres.
          Joseph Nemmer was present.
          Councilman Bylewski said if another home was built on part of the parcel, he considers one driveway to eliminate an additional curb cut.
          Supervisor Hallock said there is also the question of paving the driveway. Mr. Nemmer said he was not planning on paving the driveway. James Hartz said the Open Development Law requires a 20 ft. wide paved surface. There is a variance condition that the Town Board could consider. Councilman Bylewski said he understands the financial burden and maybe the trigger could be when another house is built. James Hartz said we do not see many one-lot Open Developments; they are usually 3 or 4 lots.
          Mr. Nemmer said if he has to pave a 750 ft. driveway, it may put his project in jeopardy. He asked if a portion from the road would be acceptable. Councilman Casilio said then you might have a neighbor complain about the dust. James Hartz said details will come out at the Development Plan review by the Planning Board.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to grant the request for Concept Approval for a One-Lot Open Development Area at 9330 Lapp Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing May 10, 2006 at 8:05 P.M. for the Renewal of the following Temporary Conditional Permits. Item N. was withdrawn by the applicant. Items A, L and V may be renewed for the period of one year and these applicants are encouraged to attend. A. Sheridan Sales & Service, 9200 Sheridan Dr.; B. Top Notch Automotive, 8355 Goodrich Rd.; C. Hoover Automotive, 8417 Transit Rd.; D. RJ’s Automotive, 10187 Main St.; E. United 4-Wheel Drive, 10187 Main St.; F. A&R Vehicle Repair, 8960 Lapp Rd.; G. Ralph Graf Auto Repair, 9460 Tonawanda Crk. Rd.; H. Palmer Powder Coating, 7250 Goodrich Rd.; I. Calarco Landscaping, 8558 Stahley Rd.; J. Bakowski Landscaping, 5640 Davison Rd.; K. Gallagher Landscaping, 9780 Lapp Rd.; L. Clarence Center Coffee Co., 9475 Clarence Center Rd.; M. Zbrzezny Landscaping, 4951 Kraus Rd.; N. Dean Maciuba, 10865 Clarence Center Rd.; O. Hewson Tree Trimming, 9000 Lapp Rd.; P. At Your Service Car Care, 5844 Goodrich Rd.; Q. Farmer’s Market, 10717 Main St.; R. Colton RV, Eastern Hills Mall; S. Pizza Inn, 6235 Goodrich Rd.; T. Bronisz Woodcutting, 4611 Shisler Rd.; U. David Miller, 10825 Bodine Rd.; V. Rock Bottom, 6261 Transit Rd. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. DEC Hunter Training Course – May 6 & 7, June 17 & 18, Aug. 12 & 13, Sept. 16 & 17, 2006; B. Boy Scouts of America – May 15, 2006; Legion Hall Applications – A. Amy Heiser – May 13, 2006; B. Craig Diederich – June 17, 2006; C. Sriti Hossain – June 24, 2006; and D. Aleasa Michnik – July 7, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of April 20, 2006 are approved for payment: General Fund - $170,462.38; Highway Fund - $111,912.59; Water District - $40,346.37; Sewer Districts - $58,593.75; Trust and Agency 203 - $105.00 for a total amount of $381,420.09. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the regular meeting at 9:10 P.M. in memory of Vincent Morabito, a longtime resident, a businessman in Clarence and a WWII Veteran.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to the Open Meetings Law Section 105 (1)(f) regarding the employment history of particular persons; Section 105 (1)(h) the proposed acquisition of real property; and attorney/client privilege regarding pending litigation in the matter of Visone vs. Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Nancy C. Metzger
Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Weiss to adjourn the Executive Session at 10:00 P.M. with no action taken. Upon roll call – Ayes: All; Noes: None. Motion carried.