04/27/05


A Work Session of the Clarence Town Board was held on April 27, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernie Kolber. Other Town Officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Town Engineer Joseph Latona, Senior Building Inspector David Metzger and Deputy Town Attorney David Donohue.

James Callahan – Director of Community Development

Formal Agenda items:

Saturn of Clarence 5355 Transit Road

Applicant requests a Special Exception Use Permit for conversion of existing automotive storage facility to a collision shop at 5355 Transit Road. There will be no change to the exterior appearance of the structure. A public hearing was scheduled on 4/13/05 but was tabled until this evening. Because it is a Special Exception Use Permit, it will require a super majority vote.

Kennedy’s Cove 9800 Main Street

Applicant requests a building permit and architectural approval to raise the roof in the kitchen at existing restaurant. The restaurant is located on 1.25 acres in the Commercial Zone. There will be no change to seating capacity or to existing setbacks.

Nathan Raupp 4915 Ransom Road

Applicant is requesting a public hearing to consider a Special Exception Use Permit for an automotive repair shop in addition to the existing restoration shop. Any signage/architectural changes (if proposed) should be referred to the Community Character Board for recommendation beforehand so that it is ready for the public hearing. The Town Board has expressed concerns regarding parking and storage of vehicles.

Urban Insulation 8520 Sheridan Drive

Applicant requests a building permit and architectural approval to construct a 72’ x 50’ addition to existing warehouse distribution facility located on 2.71 acres in the Commercial Zone. The proposal meets all use and setback requirements of the new zoning law.

Jim Bevilacqua 6471-6507 Transit Road

Applicants requests Development Plan Approval and Architectural approval for a medical office park. The applicant has submitted a revised development plan after being denied development plan approval by the Planning Board based upon a previous design. Applicant has made changes based upon Planning Board comments and is seeking Town Board approval to commence construction. The development plan has been approved by the Engineering Department and all regulatory agency approvals are in order. This project is subject to Landscape Plan Approval and Open Space Fees.

Cimato Enterprises - Highland Park Subdivision

Applicants requests Development Plan approval for construction of approximately 840’ of Field Brook Drive to accommodate a 16-lot residential subdivision. The Planning Board has forwarded a recommendation with several conditions. The Zoning Board of Appeals on 4/12/05 granted a zoning variance to allow the lots as designed to be acceptable. A revised wet pond has been designed and approved by the Town Engineer to better address the concerns forwarded by adjoining residential property owners.

Waterford Bank 8411 Main Street

Applicant requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility in the Traditional Neighborhood District.

First Niagara Bank 4401 Transit Road

Applicant requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility in the Major Arterial Zone.

Temporary Conditional Permit Renewals

A public hearing will be set for May 25, 2005 to consider renewal of Temporary Conditional Permits. Director of Community Development James Callahan commented that there have been problems throughout the year regarding Anges Autos storing vehicles in front of the business. There are parking issues at Valley Inn Restaurant.

Work Session items:

Hawley Development Thomas Willett 6045 Goodrich Road

Applicant is proposing renovations to the existing structure (former Mesmer Dairy) to accommodate a tea room/bookstore/gift shop in an existing vacant structure located on .37 +/- acres in the Clarence Center Traditional Neighborhood District. The proposed site is located on the east side of Goodrich Road, south side of Maple Street. Adequate off-street parking exists to accommodate the seating capacity proposed. Outside dining is contemplated however; this will require a separate Temporary Conditional Permit for which a public hearing may be established.

Jim Liolis 4730 Thompson Road

Applicant is requesting a fill permit to raise the grade of the property in advance of a building permit for new home construction. The vacant lot (applicant previously demolished a home on the property) consisting of 2.9 +/- acres in the Residential Zone is located on the west side of Thompson Road, north of Sheridan Drive/Main Street. The Engineering Department has forwarded an approval for the fill as proposed. The fill source should be identified prior to issuance.

Calvin Caruso 6705 Transit Road

Applicant requests a Special Exception Use Permit for a car wash facility located on approximately 3.3 acres in the Major Arterial and Residential B Zone. The applicant has modified his original plans to remove the existing home and garage on the property and limit the total curb cuts to one. The Planning Board has failed to forward a recommendation on this proposal. The applicant is seeking approval without a Planning Board recommendation.

Waterford Village Bank 8411 Main Street

Applicants request a temporary trailer with drive-thru facility during review and construction of permanent facility.

Greenman-Pedersen, Inc. - Roll Road Commerce Park

Applicant requests referral to the Planning Board to commence Concept Plan review for a proposed commercial park in the industrial zone. The proposed site is located on the north side of Roll Road, east of Harris Hill Road on vacant land containing 100+/- acres in the Industrial Business Park Zone. The Town Board will need to identify compatibility with Master Plan 2015 and Zoning Law, the overall impact and sewer availability.

Charles Reid 6695 Transit Road

Applicant is looking to expand his existing fence business and is requesting approval to construct an accessory structure (pole barn). The proposed site is located in the Major Arterial Zone.

Mike Horning-Big Dogs Drive-In 6031 Transit Road

Applicant requests Peddlers, Hawkers & Solicitors License every year to operate a hot dog stand at 6031 Transit Road between City Fence and NOCO gas station. Director of Community Development James Callahan said that his office has documented several complaints regarding this operation.

Motion by Supervisor Kathleen Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to 105 (1) F of the Open Meetings Law to discuss the employment history of an individual and the employment history of a corporation. The Town Board will also confer with the Town Attorney. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adjourn the Executive Session at 7:00 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Kathleen Hallock

Supervisor Hallock will make a motion designating the polling places for 2005.

The Ride for Roswell will take place in the Town of Clarence on June 25, 2005.

Supervisor Hallock has a resolution authorizing her to sign the application for Preservation League grant.

Supervisor Hallock has a proclamation announcing Municipal Clerk’s Week May 1st through May 7, 2005.

A Public Hearing will be set for May 25, 2005 to consider the purchase of development rights of approximately 69.3 +/- acres of vacant land located on Roll Road.

The Friends of Clarence Garden Club is proposing a Children’s Garden at the library. Supervisor Hallock met with several garden club members, John Burns, Jim Burkard, Roseanne Butler-Smith and Roy McCready representing the Arboretum Design Committee on Monday. A site on the west side of the library has been selected; a design will be developed for this site.

The Clarence Garden Club is participating in the Keep American Beautiful project to create a Liberty Garden in the Town of Clarence. Its purpose is to keep alive the memory of those who died in the attacks on America on 9-11. The Club is working with the Parks Department on the project. The garden will be officially dedicated on May 30, 2005 Memorial Day celebration at 3:00 in the afternoon.

A sample resolution regarding pension reform was handed out. It will be acted upon at the next Town Board meeting.

Town of Amherst Councilmember Shelly Schratz has forwarded a resolution requesting the State Legislature adopt changes to the Corrections Law and Criminal Procedure Law to allow for mandatory electronic monitoring of registered sex offenders.

Wal-Mart will be sending out invitations to their grand opening of their newly remodeled/enlarged store on Wednesday, May 11 @ 7:00 A.M.

All approvals have been received for the Peanut Line bike path. We can now set a bid date.

Supervisor Hallock has two motions authorizing her to sign Estoppels Agreements regarding Sprint towers. Sprint has entered into an agreement with Global Signal whereby Global Signal will sublease from Sprint Towers located at 8490 County Road and 6221 Goodrich Road. Global Signal will make a one-time payment to the Town of Clarence in the amount of $2,500 per tower in consideration for accepting and signing the agreement.

Paralegal Cindi Rosel has issued a memo regarding the Hunts Corners Cemetery and the replacement of headstones. The gravesite owners must hire and pay someone to do the work under Parks Crew Chief John Burns supervision. Two individuals have contacted Cindi because they would like larger headstones.

Supervisor Hallock will close this evenings meeting in honor of Liz Taylor from Clarence Hollow.

Councilman Ian McPherson

Councilman McPherson had no report.

Councilman Scott Bylewski

Councilman Bylewski has a resolution authorizing the Supervisor to submit an application to Preservation League of NY State and the NY State Council on the Arts to conduct a Cultural Resource Survey.

The Municipal Review Committee has forwarded several recommendations from their April 25, 2005 meeting.

Councilman Bylewski attended the Right to Farm meeting on Monday. It was brought to his attention that some municipalities have Right to Farm signs attached to their “Welcome To…” signs as you enter the town. Councilman Bylewski will review this further and get cost estimates for the purchase of signs.

Councilman Joseph Weiss

Parks Crew Chief John Burns is recommending the appointment of several individuals for seasonal help in the Parks Department.

Deputy Highway Superintendent Ted Donner is requesting authorization to use Drainage District Funds to repair piping associated with an ongoing drainage problem, which drains approximately thirty acres on Tonawanda Creek Road.

A bid date will be set for the removal of woodchips and leaf compost located at the Town’s Sheridan Drive site.

A meeting is scheduled for this Friday regarding Day in the Park. Any group interested in participating should attend. The support has been terrific.

Councilman Kolber

The Town of Hamburg has received a bid of $111. per year per household for garbage pickup. Councilman Kolber would like to go out to bid for the Town so it can be voted on during the November elections. Town Attorney Bengart said that we might be better off having a Special Election. The only people that can vote on this must be property owners, which means that we need to have proof. Councilman Kolber felt that more people would come out to vote during a general election as opposed to a Special Election.

Jim Marshall from Clarence High School announced that Wal-Mart has issued a $2,000. Grant for the Nature Center.

Town Engineer Joseph Latona

Town Engineer Latona received a quote from Armor Fence for fencing for the softball diamonds at Memorial Park. The proposal takes into account prevailing wages. There is an alternate price for a lower fence. It also takes into account fencing with netting above it, all the dug-outs are enclosed front and back and on the roof, fencing is also included in the out-field as well. This will have to be bid out unless it is done in-house. The Parks Department will move the benches. Councilman Weiss will inquire as to whether the Parks Department can also install the fencing.

There being no further business, the Work Session adjourned at 7:25 P.M.

Darcy A. Snyder

Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held on Wednesday, April 27, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer given by Pastor Charles Smith of Clarence Center United Methodist Church.

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, Highway Supt. Ted Donner, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held April 6, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held April 13, 2005 as received. On the question, Councilman Kolber said he will recuse, as he was not present at that meeting. Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
     WHEREAS, the New York State Election Law, Section 4-104 requires that the Town Board designate the polling places for the Town each year, and
     WHEREAS, Section 4-104 (1)(a) of said Election Law requires that the polling places be accessible to the physically handicapped voters, unless a waiver is obtained for those places that are not accessible,
     THEREFORE BE IT RESOLVED THAT, the Town Board of the Town of Clarence hereby designates the polling places for the year 2005 as listed, all of which are accessible to the handicapped voter: Dist. #1 The Claremount, 10338 Main Street; Dist. #2 & Dist. #21 Clarence Center Fire Hall, 9415 Clarence Center Road; Dist. #3 St. Paul Lutheran Church, 7700 Goodrich Road; Dist. #4 & #11 Holy Cross Lutheran Church, 8900 Sheridan Drive; Dist. #5, #19 & #22 Swormville Fire Hall, 6971 Transit Road; Dist. #6 & Dist. #9 Harris Hill Elementary School, 4260 Harris Hill Road; Dist. #7 & Dist. #16 Clarence Town Clubhouse, 10405 Main Street; Dist. #8 Clarence Senior Center, 4600 Thompson Road; Dist. #10 St. Paul's Episcopal Church, 4275 Harris Hill Road; Dist. #12 Zion Lutheran Church, 9535 Clarence Center Road; Dist. #13 & Dist. #14 Clarence Fire Hall, 10355 Main Street; Dist. #15 Clarence Church of Christ, 5375 Old Goodrich Road; Dist. #17 Vinecroft Retirement Community, 5945 Vinecroft Dr.; Dist. #18 Montgomery Park, 6363 Transit Road; and Dist. #20 Harris Hill Baptist Church, 5071 Harris Hill Road.
     On the question, Supervisor Hallock said there is no change from last year at this time. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant approval for the 2005 Ride for Roswell that will partially take place in the Town of Clarence per the map submitted by organizers. The event will take place on Saturday, June 25, 2005 from 6:00 A.M. to 1:00 P.M. On the question, Supervisor Hallock said that all proper authorities would be notified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt a proclamation recognizing the week of May 1 through May 7, 2005 as Municipal Clerk’s Week and extend appreciation to our Municipal Clerk, Nancy Metzger, and all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution requesting the State Legislature to adopt changes to the Corrections Law and Criminal Procedure Law to allow for Mandatory Electronic Monitoring of Registered Sex Offenders:
     WHEREAS, residents of the State of Florida were recently shocked and stunned by the death of Jessica Lunsford, a little girl allegedly murdered by an individual with a criminal record as a sex offender; and
     WHEREAS, as a result, the Florida House of Representatives is currently studying passage of a law to be known as the Jessica Lunsford Act, which would include the electronic monitoring of convicted sexual offenders; and
     WHEREAS, it is known that sexual offenders often are repeat offenders and, as a result, many states, including New York State, require convicted sex offenders to register with the local authorities in order to protect vulnerable members of society, but frequently, sexual offenders fail to register as required; and
     WHEREAS, mandatory electronic monitoring of convicted sexual offenders would allow the authorities to track such offender even upon their failure to register; and
     WHEREAS, New York’s Sex Offender Registration Act, Article 6-c of the Corrections Law does not currently authorize the use of electronic monitoring of sex offenders;
     THEREFORE, BE IT RESOLVED, that this Board memorializes the Governor of the State of New York, the New York State Senate and the Assembly to adopt appropriate legislation to authorize the mandatory electronic monitoring of convicted sex offenders; and
     BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor George Pataki, Senate Majority Leader Joseph Bruno, Senator Mary Lou Rath, Speaker of the State Assembly Sheldon Silver and Assemblywoman Sandra Lee Wirth.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to set a Public Hearing for May 25, 2005 at 7:45 p.m. to consider the purchase of developments rights of approximately 69.3 +/-Acres of vacant land located on Roll Road in the Town of Clarence, Erie County, NY at a purchase price not to exceed $485,100 plus any closing costs and disbursements for Green Space. Funds to be allocated from the open space bond resolution and recreation fees if it is determined that any portion of this property will be used for recreation purposes. On the question, Councilman Bylewski said he assumes that the Assessor has had or will have input prior to the Public Hearing. Supervisor Hallock said he will. Upon roll call – Ayes: All; Noes: None. Motion carried.
Supervisor Hallock announced that the Town has received all approvals for the Peanut Line Bike Path completion, so we will be moving forward on that project.

Motion by Councilman McPherson, seconded by Councilman Weiss that the Clarence Town Board authorizes the Supervisor to sign an Estoppel Agreement regarding the Sprint Tower located at 8490 County Road. Sprint has entered into an agreement with Global Signal whereby Global Signal will sublease from Sprint its interest in the above lease. Global Signal will make a one-time payment to the Town of Clarence in the amount of $2,500 in consideration for accepting and signing the Agreement non-modified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Weiss that the Clarence Town Board authorizes the Supervisor to sign an Estoppel Agreement regarding the Sprint Tower located at 6221 Goodrich Road. Sprint has entered into an agreement with Global Signal whereby Global Signal will sublease from Sprint its interest in the above lease. Global Signal will make a one-time payment to the Town of Clarence in the amount of $2,500 in consideration for accepting and signing the Agreement non-modified. On the question, Supervisor Hallock thanked Town Attorney Steven Bengart for all the work he did on this for the good of the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson recognized Alayne Donner who was present representing the Chamber of Commerce.

Councilman McPherson said he has had several questions and comments regarding installation of speed bumps in the Town of Clarence. He said they are considered an obstruction and are not permitted on municipally controlled roads.

Councilman McPherson said he has also received calls about some work up in the Hollow. We have turned in a punch list to the Department of Transportation and are waiting for their response.

Councilman Bylewski said the Historical Preservation Committee has met and have made an informal recommendation on the two proposals that we received.
Motion by Councilman Bylewski, seconded by Councilman Weiss to award the contract to Clinton Brown Company Architecture, subject to the Town Attorney’s approval and obtaining grant funding regarding conducting a reconnaissance survey for historic properties in the Town. On the question, Councilman McPherson asked what the amount of the contract is? Councilman Bylewski said it is $26,000, pending Town Attorney approval, as well as obtaining grant money. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss 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 Preservation League of New York State and the New York State Council on the Arts in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount of $15,000, and upon approval of said request, to enter into and execute a project agreement with the Preservation League of New York State and the New York State Council on the Arts for such financial assistance to the Town of Clarence to conduct a Cultural Resource Survey. The Town of Clarence will provide $11,000 in cash and in-kind goods and services as matching funds.
     On the question, Councilman Bylewski said funding is available in the Master Plan line of the budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Walgreen’s Drug Store located at 6785 Transit Road. This Unlisted Action involves the development of a 15,000 +/- sq. ft. drug store on 3.3 +/- acres in the Traditional Neighborhood District. After thorough review by the Municipal Review Committee, Planning Board and Town Board of the submitted site plan and Environmental Assessment Form, including coordinated review with comments from the NYS Dept. of Transportation, the NYS Dept. of Environmental Conservation, and the Erie County Dept. of Environment and Planning, it is determined that the proposed action, if developed to meet the intent of the adopted Master Plan 2015 and in conformance with the Zoning Law, will not have a significant impact upon the environment. It is identified that the applicant is legally obligated to meet the parking setback requirements as a part of the recently adopted Zoning Law and a Negative Declaration is in order.
On the question, Councilman Bylewski said there is a concern regarding the frontage on both County and Transit Roads and they are proposing parking along one of those frontages, which is not allowed in the Traditional Neighborhood District. The SEQR handbook states that conditions which are applied as standards or which an applicant is legally obligated to meet in order to obtain a permit or approval need not be incorporated in a Conditional Negative Declaration (CND).
The lead agency would issue a negative declaration, not a DND, if the effects of the action will not be significant when such conditions are imposed. A municipality’s standards for setbacks are not a condition, which would require a CND.
Councilman Kolber said he will recuse himself because he has a professional relationship with one of the principals.
Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed DeRose Open Development Area located at 5131 Kraus Road. This Unlisted Action involves the development of a 4-Lot Open Development in the Residential Zone, meeting all the requirements of the Subdivision Law. After thorough review of the submitted site plan and Environmental Assessment Form (EAF) by the MRC, Planning Board and Town Board, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Tim Berndt demolition located at 8165 Goodrich Road. This Type I Action involves the demolition of an existing single-family residential home greater than 50 years old. After thorough review by the MRC and Town Board of the submitted application and Environmental Assessment Form, it is determined that the proposed action will not have a significant impact upon the environment. On the question, Councilman Bylewski said it is his understanding that this property will be used for training for Rapids Fire Company during the demolition. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski referred to James Callahan for the 25th moratorium report.
James Callahan reported the following:
Subdivision Law – Planning & Zoning Department is working on Draft 4 incorporating comments received at the public hearing and from the Town Attorney.
Adequate Public Facilities Law – received a draft from the consultant; under review by Planning & Zoning Department; hope to forward to the Town Board at the next meeting.
Parks & Recreation Master Plan – consultants incorporating public comments into draft.
Landscape Law & Tree Law – Planning & Zoning working on preparing a draft.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation by John Burns, the following be hired as seasonal help in the Parks Department at the budgeted rate of pay: Scott Kuper and Max Sicherman effective May 9, 2005; Lauren Pelezynski, Kevin Cournan, Alexander Lyon and Ashley Manocchio effective May 16, 2005; Jason Barone effective June 1, 2005; Kyle Overs effective June 20, 2005; and Justin Lex effective June 28, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize the Highway Department to use Drainage District funds to repair piping associated with an ongoing drainage problem, which drains approximately 30 acres on Tonawanda Creek Road. On the question, Councilman Weiss said this is to correct an existing problem. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of May 11, 2005 at 10:40 A.M. for the removal of leaf mulch from our recycling area on Sheridan Drive. The bid price submitted will be per cubic yard loaded and hauled off site by the successful bidder. The volume consists of two piles totaling 6,700 cubic yards. The successful bidder will be required to remove the material within 90 days from the time of the bid and supply all necessary insurance certificates. Total payment must be made in full to the Town of Clarence before any material can be removed. On the question, Councilman Kolber asked if there would be any set aside for the residents. Councilman Weiss said that will be taken under consideration. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of May 11, 2005 at 10:30 A.M. for the removal of wood chip mulch from our recycling area on Sheridan Drive. The bid price submitted will be per cubic yard loaded and hauled off site by the successful bidder. The volume consists of two piles totaling 4,400 cubic yards. The successful bidder will be required to remove the material within 90 days from the time of the bid and supply all necessary insurance certificates. Total payment must be made in full to the Town of Clarence before any material can be removed. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint the following as part time seasonal help in the Highway Department at the budgeted rate of pay: Cory L. Cian, Alexander A. Lyon, William T. Metzger, Jared C. Stang and Charles W. Walker, Jr. effective May 16, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that a meeting would be held on Friday morning, April 29th at 7:30 A.M. at the Town Hall regarding Day In the Park. He has had a tremendous response, but more organizations are welcome.

Councilman Weiss said he would like to compliment the Highway Department and the Engineering Department for their work over the years on the drainage. We have not had any serious problems at all and they should be commended.

Councilman Kolber said Hamburg recently put their garbage collection out for bid. They received a bid of approximately $111 per household. We cannot guarantee that we will get that, but we will not know until we go out to bid.

Councilman Kolber said the Rotary Club and the School District have been working on the Nature Center and it is coming along very well. We just found out that Wal-Mart is going to give us $2,000 for the trail signs. This is a real asset for the Town.

Public Participation

Alayne Donner representing the Chamber of Commerce asked that the Town Board support the following items on the agenda: Saturn of Clarence for a collision shop; Kennedy’s Cove for kitchen expansion, Nathan Raupp for an automotive repair shop; Urban Insulation for addition to warehouse; Jim Bevilacqua for medical office park; Waterford Bank drive-thru; and First Niagara Bank drive-thru. They also ask the Town Board to look favorably on the Temporary Conditional Permit renewals.

Saturn of Clarence requests a Special Exception Use Permit for a collision shop at 5355 Transit Road. James Callahan said the location is in the Major Arterial Zone. They propose to convert an existing indoor storage building to a collision shop. The public hearing was held on April 13, 2005 and decision tabled because this request requires a supermajority vote.
     William Sherwood was present representing the project. Supervisor Hallock asked Councilman Kolber if he was able to review the minutes of the previous meeting, as he was not present. Councilman Kolber said he did and had a few questions. He asked if noise from the site would potentially bother any neighbors? Mr. Sherwood said they have not had any complaints and believes they are quite a distance from any homes. They will meet or exceed any safety requirements.
     Motion by Councilman Bylewski, seconded by Councilman McPherson to adopt the following resolution:
     Resolved, that after a public hearing duly held on April 13, 2005, the Clarence Town Board grants a Special Exception Use Permit to Saturn of Clarence to convert an existing storage building into a collision shop located at 5355 Transit Road with the following condition: 1. No change to the exterior appearance of the structure is proposed.
     On the question, Councilman Weiss said he will recuse because three corporations he controls have leasing agreements with West Herr. Councilman Kolber said he had the opportunity to review the minutes of the public hearing.
     Upon roll call – Ayes: Councilmembers Kolber, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Kennedy’s Cove requests a Building Permit and Architectural Approval to raise the roof in the kitchen area of the existing restaurant at 9800 Main Street. James Callahan said the location is on the north side of Main Street, west of Kraus Road consisting of approximately 1.25 acres in the Commercial Zone.
     A representative for the applicant said he would like to raise the roof in the 18’ x 20’ kitchen area from 6 ft. ceiling to 9 ft., install a new exhaust system and have storage on the second floor.
     Motion by Councilman Bylewski, seconded by Councilman Kolber to grant a Building Permit and Architectural Approval to raise the roof in the kitchen area of the existing restaurant at 9800 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to set a Public Hearing for May 25, 2005 at 7:50 P.M. to consider the request by Nathan Raupp for a Special Exception Use Permit for an automotive repair shop at 4915 Ransom Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request by Nathan Raupp for a Special Exception Use Permit for an automotive repair shop at 4915 Ransom Road to the Community Character Protection Board for their recommendation. On the question, Town Attorney Steven Bengart said the recommendation should come back prior to the public hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Urban Insulation requests a Building Permit and Architectural Approval to construct a 72’ x 50’addition to existing warehouse at 8520 Sheridan Drive. James Callahan said the location is on the north side of Sheridan Dr., east of Harris Hill consisting of approximately 7 acres in the Commercial Zone.
     Jack Darling said it would be an extension of the current style of the building.
     Councilman Bylewski asked if a pole barn is considered a steel clad building in our new Zoning Law? James Callahan said it would be up to the Board to determine if it is compatible with the existing architectural style. Mr. Darling said it is exactly the same.
     Councilman Bylewski asked if it could be dressed up in any way? Mr. Darling said it would look worse because it would not match the rest of the building.
     Motion by Supervisor Hallock, seconded by Councilman McPherson to grant Building Permit and Architectural Approval to construct a 72’ x 50’addition to existing warehouse at 8520 Sheridan Drive. On the question, Councilman Bylewski said he just wants to make sure we are not violating the Master Plan. Upon roll call – Ayes: All; Noes: None. Motion carried.

Jim Bevilacqua requests Development Plan Approval and Architectural Approval for a medical office park at 6471-6507 Transit Road. James Callahan said the location is the east side of Transit Road, north of Old Post Road consisting of approximately 3.8 acres zoned Major Arterial. The Master Plan identifies the area in a Commercial classification. The applicant has amended the development plan based upon Planning Board comments. The development plan has been approved by the Town Engineer and Landscape Committee. Approval will be subject to conditions of the Town Engineer and Open Space Fees.
     William Schutt and Jim Bevilacqua were present. Mr. Schutt said they apologize for any inconveniences that they created for the Town. They have been trying to get through this project for nine months and we are already into the construction season.
     Councilman Weiss said he is in favor of the project in the Town, but he takes exception to how Mr. Schutt handled the project at the end with the Planning Board. He came back without making any of the required changes, and then came in the next morning. He hopes that in the future Mr. Schutt will not negotiate that way. Supervisor Hallock added that it could have been held up even longer had it been sent back to the Planning Board.
     Councilman Bylewski said he would like to address some of the issues. He understands that the buildings are now outside of the setback area. Mr. Schutt said the building and parking lot are now 45 ft. set back, rather than 25 ft. James Callahan said the parking on the northeast side was changed to straighten out the parking alignment.
     Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
     Resolved, that the Clarence Town Board grants Development Plan and Architectural approval to Jim Bevilacqua for the construction of a medical office park located at 6471-6507 Transit Road subject to conditions of the Town Engineer, Landscape Plan Approval and Open Space Fees.
     On the question, Councilman Bylewski said the applicant is looking at prairie style type architecture.
     Upon roll call – Ayes: All; Noes: None. Motion carried.

Highland Park Subdivision requests Development Plan Approval for construction of approximately 840 ft. of Field Brook Drive to accommodate a 16-lot Residential Subdivision. James Callahan said the location is north of Roll Road, west of Newhouse consisting of approximately 14.5 acres. Concept Approval was granted in 2002 and a variance for reduced lot size from the Zoning Board of Appeals on April 12. The Planning Board has forwarded a recommendation with conditions as follows: recreation and open space fees, adequate buffering along the rear yards on Forest Creek; conditions of the Town Engineer; and appropriate access to Gott Creek for monitoring.
     Jeff Palumbo was present representing Cimato Development. Development Plan Approval was tabled pending some issues regarding lot sizes and the pond. Since then, they submitted a detailed change to the plan moving the pond off of lot 1 and moving it 100 ft. to the east. They have met with the neighbors several times. The Town Engineer agrees with this new plan. Mr. Palumbo said one of the conditions from the Planning Board was that truck traffic to the site was Monday thru Friday from 8:00 AM to 5:00 PM. The only problem they have is that due to the short construction season, they would like to be able to work on a Saturday to make up for any lost time during the week due to weather. They ask the Board to consider allowing them to use a portion of Saturday.
     Mr. Palumbo said in regard to the buffer, that discussion took place primarily because of the location of the pond. They have now moved it 100 ft. further to the east and feel that the issue of the buffer no longer exists.
     Councilman Weiss said he recalls that the buffer was not so much for the pond, but to buffer between the two subdivisions because they did not know how much vegetation would be left. Mr. Palumbo said their offer was related to the pond. A buffer along the west side would limit the size of the lot. There is 100 ft. between the new and the old sections. Councilman Bylewski said it is his understanding that the residents were in favor of the 16-lot, specifically that they were interested in purchasing a lot for buffering. Mr. Palumbo said that is the lot that they are discussing.
     Councilman Bylewski asked if Mr. Dwyer was satisfied with the answers from Mr. Palumbo. Mr. Dwyer said they did answer to his satisfaction. The pond moved from 15 ft. from his lot line to 100 ft. He does not know the answer to a wet vs. dry pond and which would be better. He believes that a wet pond would be better.
     Councilman Kolber said he believes everyone has worked to make this work. A dry pond sometimes ends up being a mess.
     Mr. Dwyer thanked the Town Board, Town Attorney and Mr. Callahan for assisting them in responding to their needs. He also thanked Mr. Cimato and Mr. Palumbo.
     Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
     Resolved, the Clarence Town Board grants Development Plan Approval for the construction of approximately 840’ of Field Brook Drive to accommodate a 16-lot subdivision subject to the following conditions: 1. Subject to recreation and open space fees. 2. Subject to conditions of the Town Engineer. 3. Lots adjacent to federal wetlands shall be deed restricted and marked to prevent encroachment. 4. Lots with frontage on Gott Creek to be deed restricted to prevent encroachment and marker/monuments placed to ensure compliance. 5. Subject to an easement granted and recorded by the applicant to the Town of Clarence for ingress, egress and monitoring of the Gott Creek Corridor. Said easement to be approved by the Highway Superintendent and the Town Attorney. 6. No work to commence until the Town Board grants Development Plan Approval. 7. Construction truck traffic to be limited to the site to Monday thru Friday 8:00 A.M. until 5:00 P.M. and Saturday from 8:00 A.M. until 12:00 Noon. 8. Preservation of natural vegetation to greatest extent feasible for home site development.
     On the question, Supervisor Hallock said we did not address the issue of working part of the day on Saturday. Councilman Bylewski said he does understand, but that was of great concern at the Planning Board level. Councilman Weiss said it would make sense to give them some time on Saturday. Supervisor Hallock suggested 9 to 12. Upon further discussion, they added Saturday from 8:00 A.M. until 12:00 Noon.
     Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing May 25, 2005 at 7:55 P.M. for Waterford Village Bank to consider a Special Exception Use Permit for a drive-thru facility in the Traditional Neighborhood District at 8411 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing May 25, 2005 at 8:00 P.M. for First Niagara Bank to consider a Special Exception Use Permit for a drive-thru facility in the Major Arterial Zone at 4401 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing May 25, 2005 at 8:05 P.M. to consider renewal of the following Temporary Conditional Permits: A. Mazia’s Pizza, 10225 Main St. – Outside Dining; B. Falletta’s Restaurant, 8285 Clarence Center Rd. – Outside Dining; C. Winger Bat Houses, 6545 Goodrich Rd. – Retail Sales; D. H. K. Frey & Sons Plumbing, 6560 Goodrich Rd. – Heating & Plumbing; E. R. E. Peters, Inc., 8055 Goodrich Rd. – Landscaping & Firewood; F. Jeff Didion Landscaping, 8560 Goodrich Rd. – Landscaping & Snowplowing; G. Sutton Automotive, 9800 Heroy Rd. – Auto Repair; H. Weber’s Kennel, 6995 Heise Rd. – Dog Kennel; I. AAA Timberline, 6674 Heise Rd. – Firewood Sales; J. Somer’s Garage, 10375 Keller Rd. – Auto Repair; K. Louie’s Deli, 8200 Main St. – Outside Dining; L. Teso’s Pizza, 10305 Main St. – Outside Dining; M. Valley Inn, 10651 Main St. – Outside Dining; N. Antique World, 10995 Main St. – Additional Parking; O. Sandra Baker Antiques, 6070 Railroad St. – Antique & Gift Shop; P. Forest Products, 8240 Roll Rd. – Firewood Sales; Q. Dutchman Wood Works, 7750 Salt Rd. – Woodworking; R. Fitzsimmons Hydraulics, 4400 Shisler Rd. – Hydraulic Sales & Service; S. Falletta’s Restaurant, 5989 Transit Rd. – Off Premise Business Sign; T. David Miller, 10825 Bodine Rd. – Computer Business; U. Murphy’s Tavern, 8230 Wehrle Dr. – Outside Dining; V. Cooltown USA, 5840 Goodrich Rd. – Outside Dining; W. Pietro’s Restaurant, 5841 Transit Rd. – Outside Dining; X. Highline Motors, LLC, 6161 Transit Rd. – Auto Sales Office; Y. Rock Bottom Restaurant, 6261Transit Rd. – Outside Dining; Z. Anges Autos, 8790 Main St. - Auto Sales Office; AA. Old Red Mill Restaurant, 8326 Main St. – Outside Dining; BB. Kowalski Contracting, 6555 Heise Rd. –Site Contracting & Firewood; CC. CJ’s Restaurant, 9105 Sheridan Dr. – Outside Dining. On the question, Councilman Bylewski said Councilman Kolber identified a number of applicants that there may be some issues with. We asked the Planning Department to make sure contact is made with those individuals before the public hearing. 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. ROHA – May 26, 2005; B. Boy Scout Troop 27 – June 10, 2005; C. Garden Friends of Clarence – June 8, 2005; Legion Hall Applications – A. Michael Ranzenhofer – April 28, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of April 21, 2005 are approved for payment: General Fund - $159,670.39; Highway Fund - $40,976.09; Water District - $1,327.75; Sewer Districts - $63,415.63; Capital Fund - $41,447.32; and Trust and Agency 203 - $20.00 for a total of $306,857.18. On the question, Councilman Bylewski said there were vouchers for clients of his former firm. He is no longer an associate of that firm. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Tim Pazda, Countryclub Drive said his comment is a follow up to Councilman Weiss’ comment on the games that some developers choose to play in Town. He is happy with this current design, which moved the pond further from the neighbors. He believes that the original plan had the pond in lot #1 because the DEC required it to be there. If so, how does it miraculously move to lot #2.
     Councilman Bylewski said the Town Engineer reviewed the moving of the pond to make sure that we comply with all DEC regulations. Councilman Kolber said the pond was 40% larger than it is now. Councilman McPherson said the DEC responds to mitigations and by reducing the size of the pond may be the reason.

There being no further business, Supervisor Hallock adjourned the meeting at 8:44 P.M. in memory of our friend Liz Taylor, who attended our meetings quite often and was involved in the Concert Association and the Clarence Hollow Association.

Nancy C. Metzger
Town Clerk