04/28/04


A Work Session of the Clarence Town Board was held April 28, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor 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 Bernard Kolber. Other Town Officials present were Director of Community Development James Callahan, Deputy Supervisor Anne Case, and Town Engineer Joseph Latona.

Director of Community Development James Callahan
Review of agenda items

United Rentals 4811 Transit Road
Request a Temporary Conditional Permit for operation of a portable concrete mixing sales system. United Rentals representatives Kevin Thompson and Tom Vail gave a short video presentation on portable concrete mixing systems.

The noise and dust from these portable systems is far less than a street sweeper or the car wash down the street.

William Schutt & Associates – north of Pine Breeze Subdivision
Applicant requests Concept Plan and Rezoning approval for 92 lot Residential A subdivision on 68+/-.

Forbes Homes – Roxberry Estates Subdivision
Requests Development Plan Approval for Phases II and III for Residential A lots.
Town Engineer Latona is still reviewing and has concerns.

Dan Lamm 8230 County Road
Requests Concept Plan approval for a 39 lot subdivision on 18 acres. Current zoning law will not accommodate the lot size proposed. Application identifies lot sizes that do not currently exist.

Greenman-Peterson 9171 Clarence Center Road
Requests Concept Plan and Rezoning approval for a 20-lot subdivision on 14 +/- acres.

Greenman-Peterson, east of Shimerville Road, north of Greiner Road, and south of Roll Road
Requests Concept Plan and Rezoning Approval for a 185 lot subdivision, including 40,000 square feet of commercial space on 120 +/- acres.

William Schutt & Associates 6125 Herr Road
Requests Concept Plan and Rezoning approval for a 50-lot patio home on 12+/- acres. No zoning classification exists to accommodate the proposed site.

Stahley Road, LLC 8305 – 8395 Stahley Road
Requests Concept Plan approval for an 8-lot subdivision on 5.7 +/- acres in the Agricultural Zone. Per the subdivision law, subdivisions of over 4 lots are considered major and must receive review and plat approval by the Town Board.

Michael Metzger - Goodrich Road, north of Keller, west of Deerview Lane
Requests Concept Plan and Rezoning for a 37-lot Residential A Subdivision on 18+/- acres. Property is located within Sewer District #2.

Michael Metzger – north of Main Street between Thompson Road and Goodrich
Road
Requests Concept Plan approval for a 36-lot subdivision on 38 +/- acres. Applicant previously submitted an application for Open Development area on a portion of the lands that has been referred to the Planning Board.


Michael Metzger south of Roll Road, west of Shimerville Road
Requests a 4-lot Open Development area with substandard frontage lots. Applicant has simultaneously submitted an application for minor subdivision creating more than 4 lots, requiring plat review and approval by the Town Board.

Shane Khanjani 5731 Transit Road
Requests Concept Plan Approval for a 15-lot Patio Home Development with commercial component fronting on Transit Road. The proposed site is east of Transit Road, south of Highland Farms Drive. No zoning classification exists to accommodate the use as proposed. Major Arterial Zone would allow commercial development along Transit Road.

Home Depot 4139 Transit Road
Requests a temporary lumber yard location in portion of existing parking lot during remodeling project.

Joe Frey 9992 Main Street
Requests a Public Hearing to consider a Temporary Conditional Permit for limited commercial access to Kraus Road. The Planning Board has recommended Concept Plan approval and recommended a Temporary Conditional Permit for the Kraus Road access.

Kevin Gallagher 10939 Main Street
Requests a Public Hearing to consider a Temporary Conditional Permit for an automotive sales operation.

Gary Sheldon Transitown Plaza
Requests a Building Permit and Architectural Approval for constructing a drive-up at existing dry cleaning shop. The Planning Board has forwarded a recommendation on this proposal.

A Public Hearing is scheduled for 7:50 P.M. to consider renewal of several existing Temporary Conditional Permits. Director of Community Development James Callahan stated that the only complaints they have received were for Anges Auto at 8790 Main Street. The condition of the permit was that they were not to store or display any vehicles. This has been an on-going issue and the only applicant the town has received any complaints on.

Supervisor Kathleen Hallock
Supervisor Hallock reminded the Town Board that John Jondle will give a report on the Deer Management Program at the May 5, 2004 morning Work Session.

Steve Flaminio from Network Services will also give an update at the May 5, 2004 Work Session on the computer network.

The Planning Department received responses for the Request for Proposals for the Parks and Recreation Master Plan. Supervisor Hallock will appoint the following to an Advisory Review team on the RFP’s: John Burns from the Parks Department, Howie Johnt from Recreation Advisory Committee, Hank Brodowski from Recreation Advisory Committee/Clarence Sports Coalition New Land Subcommittee and Councilman Bylewski. Supervisor Hallock may add one more person but he is out of town.

The board received a memo from Director of Community Development James Callahan regarding a conditional sales contract for land purchase on Salt Road. Councilman Kolber will make a motion authorizing the Supervisor to sign a contract subject to approval of the Town Attorney. A Motion will also be needed to set a public hearing to consider purchase using Open Space bond Act monies and recreation fees for acquisition.

Supervisor Hallock has one correction to the April 7, 2004 Work Session minutes. Sewer District #9 was formed August 1998.

Supervisor Hallock will appoint Shirley Moore clerk part time to be used in the Court Office to fill in for vacations, absences or court nights.

Supervisor Hallock will make a motion for a grant application for Justice Court for the walk- through metal detector and camera system. The grant was applied for last year but was denied, they are reapplying again this year.

Supervisor Hallock will announce that an employee who had been granted a leave of absence last year will be returning to work May 24, 2004.

Supervisor Hallock will make a motion designating the polling places for 2004.

Supervisor Hallock will make a motion for transfer of funds for emergency repairs to the swimming pool. There is some money in the budget, but not enough.

Supervisor Hallock will make a motion to transfer funds from Conservation to Legislative, Personal Services for the Councilmen’s secretary.

Supervisor Hallock set letters out for the Capital Improvement Plan to all organizations.

All Ethic Disclosure forms must be submitted by May 5, 2004. Supervisor Hallock asked that all Board members contact any committee member that they are liaison to.

At the April 14, 2004 Town Board meeting, Councilman Kolber made a motion authorizing the Supervisor to contact NYS Department of Transportation about a footbridge over Transit Road near Transit Middle School. The newly formed Inter-Community Committee has agreed to work on the issue. Supervisor Hallock contacted Hal Mores, Executive Director of GBNRTC for ideas that she then passed on to George Grasser from the committee.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Ian McPherson
Councilman McPherson had no report.

Councilman Scott Bylewski
Councilman Bylewski has several minor corrections to the April 14, 2004 minutes.

With regard to the Harris Hill VFC and the gentleman that would like to volunteer for that district on an as needed basis but is a member in another district, Councilman Bylewski brought this matter to the fire chief at Harris Hill. The only concern Harris Hill VFC had was with a liability issue. Councilman Bylewski received a letter from insurance agent Joseph Floss and forwarded the letter to Town Attorney Steve Bengart regarding the liability issue.

Councilman Bylewski has received the Leader status report.

Councilman Bylewski received the March 2004 fire alarm report.

Councilman Bylewski has two recommendations from the Municipal Review Committee. One of the recommendations is on the proposed Master Chong Tai Kwon Do School located at 5921 Transit Road. Councilman Bylewski firm is involved in the sale of the land; he will recuse himself from voting.

Councilman Joseph Weiss
Town Assessor David Folger is requesting the provisional appointment of Linda Hirtreiter to the title of Real Property Appraiser to take effect May 8, 2004.

Councilman Weiss will make a motion granting a one-year absence to Linda Hirtreiter from her current civil service position of Real Property Appraisal Technician effective May 8, 2004.

Councilman Weiss will make a motion appointing Michael J. Rizzo as an alternate to the Clarence Board of Assessment Review. His application has been reviewed by all board members.

Councilman Weiss will announce that the town has received a dividend check for the volunteer fireman’s benefit law coverage.

Councilman Weiss attended the Youth Center meeting. Three board members have reached the end of their terms; the Youth Center is looking for new applicants.

The Clarence Youth Center will be putting out a town wide survey to teachers, parents and students to determine the needs of the youth to better serve the community. The survey will be going out via the school.

Councilman Bernard Kolber
Parks Crew Chief John Burns is recommending the hiring of seasonal help in the Parks Department; these individuals all worked in the Parks Department last year. Mr. Burns may have additional applicants to hire at a later date.

Councilman Kolber will make a motion authorizing Supervisor Hallock to sign the conditional sales contract for the purchase of approximately 180 +/- acre parcel located at 5340-5350 Salt Road subject to review and approval by the Town Attorney. Funds for this purchase will be allocated from the open space bond resolution and recreation fees.

Supervisor Hallock has received several complaints regarding people dumping garbage in and around the dumpster at the former Jubilee market. Director of Community Development James Callahan stated that he has contacted the owners regarding this.

Because of the number of people expected at this evenings Town Board meeting, Supervisor Hallock will be limiting comments to 3 minutes.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1)F of the Open Meetings Law to discuss matters leading to the discipline of an individual and matters leading to the appointment of a corporation. Section 105 (1)D pending litigation. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the meeting adjourned at 6:50 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:00 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, April 28, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Joseph Weiss, followed be a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart and Town Engineer Joseph Latona.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to approve the minutes of the meeting held April 7, 2004. On the question, Supervisor Hallock said on page 111, 3 rd paragraph “…and District #9 was formed August 1998.” Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to approve the minutes of the meeting held April 14, 2004. On the question, Councilman Bylewski said on page 133, “…appointment of Bob Hoag…in addition to being a CPA, as well as providing an exemplary service…”; page 135, 3 rd paragraph, change “do” to “ due”; page 137 and 151 change “affluence” to “ effluents”. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to appoint Shirley Moore as Clerk Part-time effective 4/28/04 at the budgeted rate of pay. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution designating the Polling Places for 2004:

WHEREAS, the New York State Election Law, Section 4-1-4 requires that the Town Board designate the polling places for the Town each year,

THEREFORE, BE IT RESOLVED THAT, the Town Board of the town of Clarence hereby designates the poling places for the year 2004, all of which are accessible to the handicapped voter as follows:

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 Nativity of BVM School, 8550 Main Street; Dist. #5 & Dist. #19 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. #11 Holy Cross Lutheran Church, 8900 Sheridan Drive; 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, Dist. #18 & Dist. #22 St. Mary's School, 6885 Transit Road; and Dist. #20 Harris Hill Baptist Church, 5071 Harris Hill Road.

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

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

Be It Resolved, that the Clarence Town Board authorized and directs Supervisor Kathleen E. Hallock to file an application to apply for grant funds from the “2004 Justice Court Assistance Program.”

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 $17,000 from account A 1990 Contingency to account A 7180.250 Pool Conversion and Fiberglass Repair. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to hire the firm of Fiberglass Replacement Parts to do the pool conversion and fiberglass repair in the Town Pool at the Main Town Park at a cost of $57,000. On the question, Supervisor Hallock said we found that we had to make some emergency repairs. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to authorize a transfer of funds in the General fund in the amount of $200 from account A 8730.435 Conservation Special Projects to account A 1010.1 Legislative Personal Services. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that an employee who had been granted a leave of absence last year will be returning to work May 24, 2004.

Councilman McPherson thanked Alayne Donner for attending this evening to represent her organization.

Councilman Bylewski said we received Leader’s Status Report No. 101 summarizing their review of correspondence from Clean Harbors BDT for the months of January through March 2004. The summary is available in the Supervisor’s Office. The documents reviewed included the “Closure Certification Report”, comments from NYSDEC to Clean Harbors and the planned activities report for April 2004.

Councilman Bylewski said we received a letter from the NYSDEC addressed to William Connors of Clean Harbors, requiring some additional checking and reports to be done regarding the closure of the facility.

Councilman Bylewski received the Central Fire Alarm Operations Report for March 2004. Town of Clarence fire companies responded to the following: Fires – 1; Miscellaneous Fires – 3; EMS Calls – 75; Motor Vehicle Accidents – 5; and Miscellaneous Calls – 25 for a total of 109 alarms.

Councilman Bylewski said ministerially, his firm is involved in the sale of real property for the Master Chong Tai Kwon Do School. He will present the item on behalf of the Municipal Review Committee, but will recuse on the vote.

Motion by Supervisor Hallock, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Master Chong Tai Kwon Do School located at 5921 Transit Road. This Unlisted Action involves the construction of a 10,000 sq. ft. facility with parking for martial arts training. After thorough review of the submitted Environmental Assessment Form (EAF) and site plan, including coordinated review with comments forwarded from the NYSDEC and NYSDOT, it is determined that the proposed action is consistent with Master Plan 2015 and local land use regulations and will not have a significant impact upon the environment. Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson that pursuant to Article 8 of the Environmental Conservation Law, and upon recommendation of the Municipal Review Committee, the Town Board accepts the Final Environmental Impact Statement (FEIS), prepared in conjunction with the proposed Gables on the Green Housing Project as complete. The FEIS as completed includes the accepted Draft Environmental Impact Statement (DEIS), comments received from the New York State Department of Environmental Conservation (NYSDEC) on the DEIS, comments received from the Erie County Department of Environment and Planning on the DEIS, comments received from the Erie County Water Authority on the DEIS, comments received at the public hearing on the DEIS held on February 9, 2004, responses prepared by the MRC to comments received at the February 9 public hearing, and information provided by the Town Attorney relative to sewer issues and contracts. On the question, Councilman Bylewski said copies of the Final Environmental Impact Statement are available in the Planning and Zoning Office and at the Library. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said he received a memo from the Planning Department regarding pending project applications. We currently have 17 projects pending review consisting of 2,556 units on 1,129 acres of land. They are anticipating an application for Swormville, which will encompass 185 acres of land within Sewer District No. 5. Today, the Town has about 200 lots available in subdivisions for building and another 400 lots that have been conceptually approved. This is excluding those 2,556 pending review. Under the existing zoning regulations, approximately 2,000 lots exist outside of sewer districts on public road frontage. Although we have 200 available lots in subdivisions that have been approved, our building permit cap as established under the Master Plan is for 170 residential units per year. So, we already have 200 available, as well as, another 400 that can be approved.

Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Linda Hirtreiter to the title of Real Property Appraiser, provisional effective May 8, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant Linda Hirtreiter a one-year leave of absence from her current Civil Service position of Real Property Appraisal Technician in the Assessor’s Office effective May 8, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to appoint Michael J. Rizzo as an alternate to the Clarence Board of Assessment Review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that the New York State Department of Transportation is sponsoring a study to examine the future of Transit Road from the New York State Thruway to Millersport Highway. A meeting will be held at the Main Transit Fire Hall at 6777 Main Street, Amherst on Tuesday, May 4, 2004 at 7:00 p.m.

Councilman Weiss said the Town received a check in the amount of $9,320.58 for the volunteer fireman’s benefit law coverage written through Floss Insurance. This is a credit to the fireman for a fine safety record.

Councilman Weiss announced the second annual meeting of the Town Board and the School Board to go over a number of issues was held. We will continue to work together on growth issues, group purchasing and things of that nature.

Councilman Weiss announced that the Youth Center Board is looking to fill five vacant positions. Anyone interested can contact John D’Amico. Supervisor Hallock added that applications are available at her office.

Councilman Weiss said there will be a town-wide survey of teachers, parents and students to determine the needs of the Youth Center.

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

Resolved, that the Supervisor be authorized to sign the Conditional Sales Contract for the purchase of approximately a 180+/- acre parcel located at 5340-5350 Salt Road at purchase price not to exceed $780,000 for the property, subject to review and approval by the Town Attorney. Funds for said purchase will be allocated from the open space bond resolution and recreation fees.

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

Motion by Councilman Kolber, seconded by Councilman Bylewski to set a Public Hearing for May 26, 2004 at 7:45 P.M. to consider the purchase of approximately a 180+/- acre parcel located at 5340-5350 Salt Road at purchase price not to exceed $780,000. Funds for said purchase will be allocated from the open space bond resolution and recreation fees. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson that upon recommendation of Parks Crew Chief John Burns, the following be hired as seasonal help for the Parks Department at the budgeted rate of pay with start date: Kathryn Kohout, effective May 3, 2004; Scott Kuper and Patrick Duffy effective May 10, 2004; Chris Manocchio, Philip Smith, Christopher Skibinski, Joseph Silvestrini, Valarie George and Patrick Powers effective May 17, 2004; Rebecca Scott effective May 24, 2004; and Jacqueline Feldman and Emily Decker effective June 1, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced that Erie County is holding a Household Hazardous Waste Drop Off Day on Saturday, May 8, 2004 from 9:00 A.M. to 2:00 P.M. at Erie Community College North Campus. Items which can be brought for proper disposal include: pesticides, fertilizers, oil based paints, paint thinners and solvents, batteries, oil, antifreeze, gasoline, tires, mercury, propane tanks and cylinders. No commercial or industrial waste will be accepted.

A Public Hearing was held to consider a Local Law imposing a Temporary Six-Month Moratorium on land use approvals of any new residential subdivisions or multi-family projects in excess of four units in the Town of Clarence.

Supervisor Hallock said that because of the number of people present, she would ask that everybody limits their comments to three minutes and refrain from holding up placards so that everyone in the back can see and hear. If anyone is disruptive, we have a Sheriff present and you will be asked to leave. The Public Hearing is to hear comment on the moratorium and not on any specific development or the Master Plan. It is not a debate, but an opportunity for people to voice their opinion. She asked that after someone has spoke, if they would leave the room so that we are in compliance with the fire regulations.

Town Attorney Steven Bengart said this law is to declare a six-month moratorium on the approval of new housing developments that create or impact public infrastructure. There shall be the possibility of two separate six-month extensions, but only after proper notice of a public hearing to be held within 45 days prior to the expiration.

The Town Board shall not refer to the Planning board any new request for development of a subdivision plat, site plan, or other permit that would result in development of a new subdivision, including PURDs or multiple family developments.

The Clarence Planning Board shall not make any recommendations or referrals to the Town Board or any other applicable Board of the Town for any approval of any preliminary plat approval to a subdivision plat, site plan, or other permit that would result in the development of a new subdivision, including PURDs or multiple family development.

The Town Board of the Town of Clarence shall not grant any preliminary approval to a subdivision plat, site plan or other permit that would result in the development of a new subdivision, including PURDs or multiple family developments.

No applications for new subdivisions, including PURDs, or multiple family dwelling developments shall be considered by the Clarence Town Board or the Town of Clarence Planning while the moratorium imposed by this law is in effect.

Exceptions to this law will not include or prohibit the consideration of new applications or approvals of minor subdivisions or open development areas as defined in our present subdivision ordinance or regulations. The law shall not include or prohibit the consideration of applications for subdivisions, which have already received concept approval by the Clarence Town Board.

Supervisor Hallock asked each speaker to identify themselves and their address.

Speaking to the subject:

Victor Martucci, 10040 Highview Ct., town resident and residential developer spoke in opposition to the proposed moratorium. He prepared a statement, which he would like made a part of the record. He assumes that the Town Board are honorable people motivated by the desire to act in the best interest of our community. However, throughout history laws, regulations and policies born of good intentions have resulted in disastrous unintended consequences. He believes the reasons stated contained in the local law are not valid.

Mr. Martucci believes that it would be better serving the interests of our community by holding a public hearing tonight to consider enacting the draft of the updated Zoning and Subdivision changes rather than a building moratorium.

He believes establishment of an Adequate Public Facilities Law is a fancy title for impact fees, which are illegal in New York State.

He urged the Board to think about all of the consequences before enacting a moratorium including the Town’s share of the Erie County sales tax, bond rating, loss of good paying construction jobs, Town employee layoffs and loss of customer retail base for Town businesses.

Peter Sorgi, Attorney for Marrano Marc Equity, 9276 Main St. continued Mr. Martucci’s statement. He added that before enacting a moratorium, an economic and fiscal impact study should be done. The Town Board is elected to serve all Town residents, from the retail business owners to the large landowners who have the right to sell or develop their land. He feels the right thing to do is to vote no and study all of the negative impacts.

Jeff Palumbo, 6334 Pine Cone Court spoke on behalf of Elliot Lasky and the Roxberry Subdivision. Any intent to place this subdivision in the moratorium will be vigorously contested. He has not heard what the dire necessity is to impose a moratorium. One reason was so that the Planning Department could catch up. He felt money would have been better spent on hiring consultants than on fighting law suits.

Mr. Palumbo said he believes the real reason is to stop development and shame on everyone in the room for falling asleep and allowing these things to get so out of hand. He said this Board thinks they can stop development before it begins. If they do not like a plan, they do not send it to the Planning Board and that is unconstitutional. If it happens again, it will be challenged. We now have a Town Board intent on shutting this Town down by way of a moratorium and wasting our tax dollars by denying projects in an arbitrary and capricious manner. You were forced to spend tax dollars in a lawsuit that you lost.

Joe McIvor, Executive Vice President of the Buffalo Niagara Builders Association said Erie County has lost more residents in the last three years than any other county in the state. While other businesses struggled, the housing industry surpassed a 25-year high. Housing construction operates under more governmental oversight than most. When the market is right, they must respond to the demand. The association is supportive of any community that seeks controlled and planned growth, but is frustrated by a growing vocal minority that has jeopardized their livelihoods and the environmental vitality of Western New York. They feel they have to sit on their investments and business opportunities for over half the decade the Master Plan was to serve. Their statistics show that concerns relative to population growth, traffic, overburdened schools and rising costs attributed to growth all lack substance. Thousands of families have been abandoned by elected leaders who no longer consider housing a national priority.

John Price, 5355 Kraus Rd. complimented Supervisor Hallock for taking a stand on this uncontrolled development. He has never seen a Town Board meeting not only so heavily attended, but also so heavily stacked. He does not believe the Town will die if we do not add another 500 homes this year. The merchants will not go out of business. The Town is growing. What the people of the Town want to see is simply controlled growth. He does not blame the people here, but we do not want to overbuild the Town so that we cannot get around or change the entire character. As a landowner and homeowner of Clarence, he supports the moratorium. He feels it is wise to go into a slow controlled growth phase.

Jeff Hennard, 5105 Meadowbrook Dr. spoke in favor of the moratorium. Members of the Board were elected by a majority of the voters in the Town, partly on their stance to control over development. Unfortunately, the majority of the people in this building are not those voters. Mr. Hennard presented a petition of residents in support of the moratorium. In talking with people, they feel there is no use coming to the meetings because the developers with deep pockets will get their plans pushed through. Due to the lost population in Erie County, he does not feel we will need that many new houses to accommodate the County residents.

Gail Plato said she has had a voluntary involvement with the children of Clarence for many years. The welfare of the children is the reason she is opposed to the moratorium. The premise that the schools cannot handle more growth is a total fallacy. In 1975 two elementary schools were closed and there was only one school nurse for all of the elementary schools. Taxes increased by 4%. Over the last 10 years, 50 classrooms have been added and another 16 are planned for the Middle School and 7 in the High School over the next 2 to 4 years. There are additional parks, playgrounds and sports facilities because of the Rec Fees of approximately $105,000 per year paid by builders and developers.

Kathleen Moriarty, 5105 Meadowbrook Rd. said she helped collect signatures of residents in favor of the moratorium. Every person had a story about how they have asked for slow growth in the Town. She asked the Town to go slow and think about the impacts and the opinions of those who signed the petitions.

Donna Jurek, Black Walnut Ct. and also Jurek Builders. She continued the statement of Gail Plato. Building permits generate around $1,680,000 in additional fees per year with a large percentage going to the school district. New houses infuse an approximate $4,082 of school revenue per new home. Do we really want to deprive the school system of that revenue? Information provided by the School District show that in 2000, 325 seniors graduated but only 303 kindergartners entered at a 7% net loss. Projections for 2005 - 2009 are showing net student losses with the present growth pattern. Any break in the present growth rate, any moratorium on new home construction will adversely impact school enrollment and Clarence will slide back toward 1975 when schools had to be closed, teachers laid off, class sizes increased and taxes increased.

Charlene Zoratti, President of Buffalo Niagara Association of Realtors has 2,500 members of which many are Clarence residents. Demand for new and existing homes has remained strong in an economy that has lagged in many other sectors making the housing industry the bright spot in our local economy.

Clarence is 25% developed and has become the community of choice. There is sufficient land to build and offer homes at various prices. They support the Smart Growth Plan capping new home construction at 240 units. Approximately $2 million in Town revenue was generated through taxes, recreational fees and building permit fees. Sales tax is dependent upon continued smart growth. Moody’s bond rating was given based on the guarantee that planned growth would continue.

The association believes in the rights of all private property owners. They feel Clarence will lose potential taxpayers, which will have a devastating effect upon the budget. She asked if there is a plan to reduce expenses to offset loss of revenues? The building industry represents important employment opportunities for young people entering the job market.

Phil Arno, 9930 Keller Rd. said there are two sides to this. One is business people interested in making money. The other side is people who want to preserve a certain style and quality of life in Clarence. If you choose money versus the quality of life, you will take one step closer to destroying what makes Clarence a desirable place. The growth has to be gauged. These are the decisions Amherst must have made many years ago and he feels that they made the wrong ones. In just about every case, growth and development will require higher taxes and more money than that growth brings in.

William King, 5090 Glenwood Dr. said he voted for this Board because he thought building needed to be slowed down in the Town. If he had not seen the articles in the Bee regarding the moratorium and increasing the property size, he might have thought it was a good idea. The Town is spending money to buy greenspace. He believes the lot sizes should be smaller. As much as he was for the moratorium, if the Town is going to consider larger lots, he thinks that is the wrong direction. The builders do deserve some flack because their attitude over the last few years upset some people. They do own the property and he does not want to be told what he can do with his property. He bought land with 100 ft. widths. He will no longer have as many lots as he thought. He thinks subdivisions are smarter growth. The moratorium would cause more sprawl.

Frank Kennedy, 4540 Gentwood Dr. read a letter from Peter Gorton and Kristina Young who were unable to be here tonight, but wanted their letter made part of the record. They thanked the Town Board for proposing the moratorium and feel that it is much overdue. They feel that our town is showing the negative effects of over-development run amok on a schedule controlled by developers and at a pace, which does not allow for proper planning. They stated numerous reasons for the need of an immediate moratorium including: protections for the majority of residents with significant changes to current town law and requirements; revision of zoning laws; sewer requirements with consideration for existing residents; wetland and marginal land protection; correct the impacts of improper traffic planning; and update development, engineering and building laws.

Mark Butler, 6880 Heise Rd. said he has attended several meetings over the last few years and he is here because of that. He supports the moratorium. He believes there is the need for subdivisions to help prevent sprawl. Over the time he attended various meetings, he only saw one plan that was in accordance with the Master Plan. It infuriates him that the developers are trying to squeeze as many houses as possible onto lots that cannot sustain this type of development. He wishes this had been addressed sooner and hopes the Town continues to pursue the purchase of open land. Mr. Butler hopes for a unanimous vote in favor to let the developers know that responsible development is what Clarence wants and needs.

Daniel Mulaniff, 6360 Kraus Rd. said he was standing in this same spot about 15 years ago opposing all of the subdivisions going in and he was wrong then and all the people in support are wrong now. He feels it is ridiculous to have to stop and study everything. There are a lot of people in this Town who pound nails for a living and he is one of them. People have their piece of Clarence and now no one else can come in. A lot of the people crying are living in new subdivisions.

Christopher Flejtuch, 6272 Balsam Fir Ct. is a small business owner and these people are his clients. He services builders and developers. He feels his quality of life is being taken away with a moratorium.

Michael Forster, 8225 Lisa Lane said it is alleged that the room is packed with builders and contractors. He sees friends and neighbors. He is against the moratorium and he feels it is communism taking peoples rights away. He questioned what is the difference between a temporary or permanent 6-month moratorium? This is to hear the public input and make a decision. According to the paper, Councilman Kolber already made up his mind. This is to punish the developers, but you are going to hurt the Town and the people.

Annette, Buffalo Niagara Association of Realtors said implementing a moratorium will only fan the fire on our regions existing problem of job flight. Taking new homes off the market will drive up the cost of housing. It will damage the real estate market and have a devastating effect on the business community in Clarence and surrounding municipalities. They support a policy with the following principles: providing housing opportunity and choice, build better communities, protect the environment, protect private property rights, and implement fair and reasonable public sector fiscal measures. It sends a wrong message to employers considering relocating or expanding in to the region. They strongly oppose the moratorium. The Master Plan calls for Smart Growth, not no growth.

Cindy DiBella, 5525 Shimerville Rd. said she moved here 20 years ago because she did not want to look out her back window and see her neighbors in their kitchen. It seems that 240 houses per year is sufficient. She thanks the Town for growing slowly.

Henry Becker, 9490 Keller Rd. said we heard a lot tonight that jobs were going to be shut down tomorrow. There are at least 200 homes that have been approved which gives 14 months of houses to be worked on without the moratorium affecting anything. There are also 400 homes in the process. That means 3 1/2 years even if the moratorium stayed in effect. He thinks there is a lot of “crying wolf” going on here.

Richard Jandrok, 8420 Northfield Rd. said he came here because he wanted the open space and was against subdivisions at that time. Now he sees that with the Town growing, his assessment has gone up each year. This year his assessment went up $66,500. He said bring in the subdivisions because he is not going to use his land for hunting anymore.

Domenic Piestrak, developer of Spaulding Lake said Atlanta was number one in the country with new construction of approximately 50,000 new homes. Erie County does on an average of 1,000. However, in higher taxes we are number one. Someone said development causes higher taxes. People have a tendency to blame development. He is involved in a cross the town sewer that the Health Department and the State of New York have tried to get the Town to put in for about 100 years. He is expected to put $2 - 3 million in the ground of his share based on the idea that he has to wait 18 months before he can use it. He is very nervous about doing this. The quality of life with sewers is very important for the people in the Hollow.

Michael Lex, 5225 Brookfield Lane said homes are the American Dream and there are those who want to provide and profit from it and those who want to maintain that dream. It is difficult to make those two meet. The Town has benefited from new development. One must also consider quality of life issues such as traffic. There is no way that we are going back to the 1970’s census figures. There is pretty steady growth in the Middle School and other grades. The answer seems to be to have strong zoning laws, and not have variances or spot zoning. It will take some time to get there. He urges the Town to move forward with those and strictly enforce them.

Mike Ervolina, 6304 Everwood Ct. said he lives in Clarence and is president of the Valu Home Centers. When they selected this area, they new Clarence would be a growth area. They have a difficult time surviving with competition from Home Depot and Lowes. We need to continue to have more people come in to the area to continue. There is plenty of space and opportunities for development. He does not see any need for a moratorium with the 240-unit cap. He does not know what the people in the building department will do if there is a moratorium. They want to keep the local business in the area because they bring a lot to the community.

Donna Knapp, 5065 Rockledge Dr. is a builder and developer and she needs a strong community with contributions from new families and businesses in the area. She needs the support of the taxes to keep the schools strong. She would like a place for her boys to live and work when they grow up. We also need the support from the commercial developers. She hopes the Board continues with smart growth.

John Miosi said he is a builder and personally thinks that the limit of 240 units is adequate. The Town does a great job with that amount. He thinks a moratorium would set us back. It is growing at a great rate. Our taxes are good compared to other communities. We are doing a good job the way it is going now, so why change it.

Russell Knapp, 5065 Rockledge Dr. said he has seen lots of changes in Clarence. He lives with trucks driving by and mud in the streets and he cheers them because there is a lot of economic activity going on here. He believes moratoriums could be dangerous. Mr. McPherson ran on a platform of planned growth and has a statewide reputation of being a planned growth expert in New York State. He asked Councilman McPherson what he feels the effects of a moratorium would be for this Town.

Councilman McPherson said he thinks what has happened is what a lot of us thought would happen. The subject matter went from addressing a moratorium to addressing development. He was the author of the growth cap and his opponent ran on a campaign of more growth control. He was unable to articulate his position as well as she was unable to articulate hers. He does not believe that the Planning Department needs all that time to come up with the new zoning regulations. We have seen three or four drafts and yet in the six years since we initiated the Master Plan, he has not seen anything put up to be voted on. He thinks Jim and Jim and the Planning Board have done a good job in putting the drafts together. He would like to vote these things up in conjunction with the Master Plan. It is not rocket science to do that. He is afraid we are trying to go farther than we need to go. The adequate facilities legislation that is being touted for doing it, is already contained in SEQR, and already a part of our review process. All of the things we need to control growth in this Town already exist in the way we do it.

Jerry Lewandowski, 5362 Coyote Ct. said he lived in Amherst and when he decided to move he looked at the taxes. He figured Clarence has so much room to grow that the tax base will continue to grow and his taxes will remain the same. It makes sense to have smart growth and he is against the moratorium.

Robert Pohl, 5235 Fox Trace said he makes his living from the building trade. He said not all of the residents are in support of the moratorium. He believes the smart growth plan in place is the way that the Town should proceed.

Susan Ballard, 8760 Fairbrook Ct. said her previous statements regarding the Master Plan have been assailed as biased based on her profession as a homebuilder. The Recreation Advisory Committee has stated that the Town has demonstrated outstanding leadership in the programs for controlling growth and preserving open space, green space and parkland. She feels developers, builders and realtors have been unjustly vilified. The industry continues to be a solid contributor to state, national and local economies. They have carried their share of the burden in the economic recovery. They build homes for people who want to share the benefits Clarence has to offer. A moratorium keeps people out of our community.

Cathy Daniels, Thompson Rd. said the open spaces have been replaced by cookie cutter developments. A lot of people are making an awful lot of money developing this town. Some of us live here. Children in her neighborhood can no longer go to their neighborhood school. They are bused to another school. The last two elections in this Town told us overwhelmingly that the residents want change. The moratorium will accomplish that. She does not believe the sky is going to fall in six months. We have a democracy and we voted for the people on this Board. She is in favor of the moratorium.

Mark, Greiner Rd. said he is in favor of the moratorium to look at the zoning. He is not in favor of commercial development on Greiner Road. The development is going too fast.

Patrick Spoth, 9270 Wolcott Rd. said his family has been affiliated with agriculture and the rural aspect of Clarence for 100+ years. He is not a farmer anymore, but a contractor. They are out of work in the winter when it is cold for a month. That is money out of his pocket. The Town is good at holding up plans. The moratorium is a bad idea. If you cannot deal with growth with what is in place, it means that everyone up here is not doing their job.

Renee Desai, 5160 Ledge Lane said Supervisor Hallock was elected to control the rampant growth of Clarence. If you need to place a moratorium to give the overburdened planning board a chance to update the zoning laws, then you have to do so. She is accountable to the majority of the residents who made their wishes clear in the election.

Sean Hopkins of the law firm of Renaldo and Palumbo, 9276 Main St. said it is very clear that sprawl is where the town is going. The decisions that are about to be made regarding larger lots, more infrastructure, less parks and green space and more demand for services make that clear. He suggested an application to see if a person is suitable to live in Clarence. He also represents the Heise Brookhaven Sewage Works Corporation and it has been made very clear by his client that if this moratorium is adopted, the sewer stops immediately. That is it, the sewer is over. He believes it is really an 18-month moratorium. It will be two years before anything can move forward. He asked that a commitment be made to call the employees at Valu and tell them they are going to be out of a job.

Councilman Kolber said as the sponsor of this proposed legislation, we are not stopping growth or development. We are being inundated with projects over the last several months. We cannot handle what is coming in. He was elected because he wanted to slow down growth. We want to manage it, not stop it. Our roads are at capacity. It is a moratorium to consider new requests. One of the issues is what can we handle in terms of sewers, our roads and the capacity of the schools. The schools do not believe they are at capacity. However, he has spoke with numerous people who are saying the Middle School is jammed and they are teaching out of closets. The School District did say at the present rate of growth. A study done through the University of Buffalo shows that our schools are growing at an increasing rate. We need to do the time out to keep the integrity of our town in tact. We will look at a lot of different aspects.

Larry Griffiths, 5340 Goodrich Rd. said his question as a citizen is when do we stop with respect to the infrastructure. Does Goodrich Road become Maple Road or Transit Road? Where do we stop? You have to cut through neighborhoods to avoid traffic. Hopefully with proper planning, we can get that under control. It makes sense right now to take the time and have a moratorium.

Supervisor Hallock said she received a number of communications and she will read the ones she was asked to read. She will not read the ones regarding specific developments.

She received a phone call from a realtor who was born and raised in Clarence who said she is in favor of the moratorium and does not want to see it turn into Amherst.

Jacqueline Hartman, 9276 Roll Road said must our quality of life be damaged to accommodate the builders. Traffic on Roll Road has already increased greatly with Waterford, which has only begun. She strongly urges the Board to put in place a moratorium for as long as it takes to review the need for green space and infrastructure needed to maintain and service home building.

James and Janice Rash, 8335 Goodrich Rd. expressed support for the moratorium and their concern over the recent efforts of a landowner to mount a campaign to defeat it. They chose Clarence Center because of its semi-rural setting. They did not purchase vacant lands to surround their residence for the purpose of developing them or to make large profits by selling them to builders. The person mentioned above does not speak for the majority of vacant landowners, but only for his own financial self-interest. They fully support the moratorium and any actions by the Board to preserve the character, integrity and beauty of the Town.

James Blum, 5509 Martha’s Vineyard said he supports a brief development moratorium until the Master Plan related revisions in zoning and subdivision laws are implemented. Town resources and possibly additional outside support resources must be applied to get the necessary laws thoroughly prepared and promptly implemented. We have allowed the priority of these laws to fall behind development after development. He urges the Board to pass a moratorium and stipulate a policy that the zoning and subdivision laws are given top property.

Paul Donnelly, Brookfield Lane said a moratorium is critical to the existing town residents. It would allow the Planning and Zoning Department to do its job. We need controlled development. For too many years the developers controlled development. Look across Transit Road. Amherst failed to control development. He asked that they stand up for the residents and vote for the moratorium.

Scott and Sandy Cook, 5241 Shimerville Rd. were unable to attend but wanted to voice support for the moratorium. The traffic has increased tremendously over the last 5 years. We need to keep Clarence as it is and not turn it into some of our neighboring suburbs.

Tim Pazda, 8906 Country Club Dr. wrote in support of the moratorium. He visited 50 homes in his neighborhood and every single person was also in support of this proposal.

Frank Deni expressed his strong opposition to the proposed moratorium. He owns almost 400 acres of undeveloped real estate in the Town. He believes the Town has no factual or legal foundation upon which to adopt a moratorium or to engage in a wholesale denial of agency approvals or building permits. Municipal governments cannot arbitrarily or capriciously interfere with the exercise of private development and ownership rights. The Town should be fully aware of the legal risks. A shotgun-building moratorium will expose the Town to certain litigation. He asks the Board to reject a moratorium.

James Frejo, 5497 Martha’s Vineyard offers reason to consider for putting a moratorium into place, thus a series of studies can be made to determine the impact and changes needed due to many years of cooperative business between the Town Hall and developers. Environmental impact is another reason to justify a moratorium. There is a retaining pond in his development. Rain and building silt run off from the lots go into the pond. The builders in Clarence do not use silt fencing as is done in other areas. The residents are responsible and will have to have them dredged years later. The developers have not taken responsibility to limit run off into a storm drainage system. This moratorium is for the good of the general public of Clarence.

Tom Petrie, Greiner Rd. said as a resident adversely affected by a development in his residential area, he is opposed to having a business-building put in. He is in favor of the moratorium as the town and the residents should come first.

Mr. Fini, 5447 Shimerville Rd. suggest a moratorium until the Town can make plans for adequate infrastructure regarding traffic and drainage.

Tom Hollander said he has plans to build a beautiful subdivision in Clarence. He has listened to all of the comments and there is a lot of right on all sides. One side can have their right by harming the other side’s ability to make an income. One side can harm landowners on the sale of their land. The SEQR process is very thorough and covers all of the issues. He feels the Town has adequate control and should not change what is not broken.

Phil Nanula, 9535 Lake Stone Ct. said the question of what is the economic impact of the moratorium should be answered before there is a vote. He feels there is not a problem of growth in this town. There have only been 223 homes on an average built over the last 16 years. His three children are not being taught out of closets. It is not a mystery why our property taxes have not spiraled out of control. It is because of planned growth. He is with Essex Homes. Without growth, there will be in increase in assessments. There is a lot shortage now. If the moratorium is extended to 18 months, it will take a lot of time to refurbish the supply of lots.

Richard Sullivan, Attorney in Buffalo has been involved in zoning litigation. He spoke on behalf of his client, Windsor Ridge Partners who owns 19 acres in the Town, in opposition to the moratorium. He believes that if the reasons for the moratorium are as was stated earlier, then it is legally flawed and will not withstand a challenge. There are already laws in place and there is no requirement to impose a moratorium while considering an update to a zoning ordinance. It may sound good, but it is not legally or factually necessary.

Chris Tucker, Transit Rd. a builder is against the moratorium. There were 233 homes built in 2003, which means about 650 full time jobs in the building and construction industry. The Town would be without $1.7 million in taxes or receive $350,000 in permit fees $105,000 in recreation fees and $58,000 for open space fees. The taxpayers would have to pick up the burden. He asked that the Board consider the negative impacts on the Western New York Region.

Supervisor Hallock said they are fully aware that in order to impose a moratorium that you do have to have specific reasons. The adequate public services ordinance is certainly a good reason. A few things have been said about zoning codes. The fact of the matter is it has taken three years to get to this point. In order to complete those, we need to have the time. The courts have long upheld the validity of locally enacted moratoriums as a sensible and practical way to ensure the decisions on land use can be effective. The Town has to demonstrate a planning process ongoing and she feels we have done that.

Kevin Curry is a lifelong resident and is proud to be a homebuilder and owner of Patrick Homes, and to employ numerous families in the Town. He is not proud to be associated with the selfish people who want to close the Town of Clarence. To shut down this percentage of our economy will do irreparable harm to our economy, local businesses, families and the town as a whole. An environmental impact statement would be prudent before voting on this issue. The issues associated with growth today are not new. We cannot allow ourselves to think our community is experiencing unprecedented growth. A moratorium is just like saying it is too complicated and we cannot deal with it. The right thing to do is to welcome new people to our Town.

Michael Metzger, 4090 Clardon Dr., business at 8560 Main St. said he has lived in Clarence for 17 years and served on the Planning Board for 10 years. He urged the Board not to adopt the moratorium. We heard that recently there were many applications made for subdivisions and he believes that planning staff would be so busy reviewing the projects, that there would not be enough time to complete the regulation revisions. He believes some applications were submitted because of the uncertainties. If the Town Board chose not to adopt a moratorium, he believes some of those applications may be rescinded.

Mr. Metzger said he was involved in the creation of the Master Plan, which took several years. He believes that it could have been much better if there was more time to complete it or if there had been more resources available. He sees the same thing happening with all of the things going on in the Planning Department. He suggests hiring a practical consultant to redraft the codes under the direction of the Town Board, Planning Board and Community Development Director. It is imperative to have prompt creation of land use regulations to guide the Town into the future. He feels a moratorium will be counter productive.

David Hormell, 4640 Sawmill Rd. said his father was in the building business and he can be sympathetic and knowledgeable of the ups and downs of the business. He would like to ask those present that are in the business that when a homeowner is waiting for the home to be built and it gets off schedule, they tell them it is the weather, they will get there when they can or that they have other things going on also. The moratorium should be viewed in the same way in that it is not the end all of building in the town. We cannot go on without growth, but we cannot have a town that we want with unlimited and uncontrolled growth.

William Tyne, Amherst comes to this meeting as a neighbor and not as a consultant as he usually does. He has listened to the comments and some of the people make it awfully hard to be a neighbor to. You talk about what you want your town to be and what you have here, you seem to despise your neighbor to the west. When a lot of you flush your toilets, think about where the sewage is treated. A lot of the people work in his town. Some of the things you are able to do are because of the neighbor to the west. The oath that elected officials take is to protect life, liberty and property.

Sal Musso, 9205 Beech Meadow Ct., said he also owns Musso Plumbing, Inc. and has lived here for 10 years. He is very happy living in a subdivision. He cannot believe how we can prevent someone from coming and building in a subdivision. We should not be greedy; we should share. The Planning Board works hard and they need more help. We should give them the help that they need. You cannot stop growth. You would be telling your own children to leave Western New York.

Elliot Lasky said he is a landowner, developer and builder in the Town. The Town was served with another lawsuit regarding Roxberry today. He does not think the members of the Town Board know what a mandate from the voters means. A democracy is not ruled by the majority. It is ruled by the majority with the protection of the rights of the minority. He has watched some of the Board members violate their oath of office. When the courts mandate the penalty for damages that this Town caused and the taxpayers pick up the tab, they will be thinking about who they will vote for. There is no need for a moratorium. Mr. Lasky said beware that the builders and developers are organized and the Board is on very shaky ground. If a moratorium is set, it will be fought. The taxes will go up to pay for the legal fees and damages. The mandate does not mean violate their rights.

Eric Palumbo 6334 Pine Cone Ct. said he has attended Clarence schools and is now a junior at the High School. Although he thinks it would be a great experience, he has never had a classroom in a closet.

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

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

Be It Resolved, that the Town Board of the Town of Clarence adopts Local Law No. 5 of the year 2004 titled “Imposing a Temporary Six-Month Moratorium on Land Use Approvals Of Any New Residential Subdivisions In the Town of Clarence.” This Local Law shall take effect immediately upon filing in the Office of the Secretary of State.

On the question, Councilman Bylewski said by way of disclosure, his firm has represented Buffalo Niagara Association of Realtors and Mr. Piestrak who spoke tonight, from time to time. He spoke with the Town Attorney and his firm and they did not feel it was a conflict so he will be voting tonight. He thanked everyone for coming out tonight. It is important for dialog to continue regarding growth as it does occur in the Town. We are not stopping growth. There are enough residential units that have already been approved that can be built upon, as they exist. The Town Board adopted Master Plan 2015 in 2001. New York State Town Law §272-a requires that all land use regulations and laws that we have in the Town must comply with the comprehensive plan. He spoke with the Department of State in August of 2002 and told them that we have adopted a master plan and are in the process of updating our zoning laws. Their initial question was, have you adopted a moratorium? They favor the Town adopting a moratorium to give the Town breathing space and time to correctly adopt our local laws to make sure we comply with the Master Plan. The Planning Board has said they do not have the time given the influx of applications. We have presented statistics at both of the annual reviews of the Master Plan concerning net impacts on the tax levy. Councilman Bylewski said he will not repeat them, but will incorporate them by reference. They are a matter of public record. We also had a meeting with the School District and at that meeting they stated that by the end of the decade, we will have a new school. In the meantime, the District will be expanding classrooms at various schools. When the question was posed to the School District regarding their 2004-2005 Budget, and the issue of the moratorium, they stated that there would not be an impact.

Councilman Bylewski said he has been a strong proponent of an adequate public facilities law and it is not an illegal impact fee. He urges those who state that it is to take a look at Golden vs. the Town of Ramapo, which allows for adequate public facilities laws to take place.

Councilman Bylewski said as to those who state that the Town acts unconstitutionally by not allowing applicants due process when the Town Board denies projects that come before them for the first time. He would ask them to ask themselves if those projects comply with Master Plan 2015? An adequate public facilities law would make it explicit what we are trying to do in the Town. It would codify it and make it rational and not an arbitrary decision as it may be viewed under the present SEQR regulations. Construction is going to continue in the Town. This moratorium is merely on projects coming in, new to the town and that do not have concept plan approval.

Supervisor Hallock said the New York State Courts have upheld that, a sensible and practical way to ensure that a decision on land use can be made effective is when a municipality demonstrates a planning process is ongoing. She feels we are demonstrating that a planning process is in place with someone hired to work on the adequate public facilities ordinance and the ongoing issue of the zoning laws. On April 23, 2002, the United States Supreme Court upheld that also.

Councilman Bylewski said anyone interested in a moratorium can access the New York Department of State website where they have a link to local government information. A pamphlet is put out on how local governments can legally enact a land use moratorium.

Councilman McPherson said he does not think the moratorium is the right way to go about it. In the 8 years that he has been on the Board, we have had all kinds of things come before us and we have been able to address them with our process. When we adopted the Master Plan, it gave us the ability to address anything that came before us with an increased sense of authority. Everything in the adequate public facilities legislation that is proposed is already contained in SEQR. If we need to upgrade our zoning laws, in the six years we have been attempting this, we have never had anything to vote on or have we been asked for any help. We hired someone to go out and do an adequate public facilities law, while our zoning laws sat in limbo for all this time. He believes these are things that responsible elected officials and staff should work out by ourselves. He thinks the imposition of a moratorium is not the right answer for this particular situation, for this particular community at this particular time. He is sure his remarks will be distorted as they have been in the past to portray him as a land rush development crazy individual. He reminds everyone present that in 1998 it was he who set the policy for growth limits and in the course of the development of the Master Plan, it was he who prompted and advocated the establishment of the growth cap in conjunction with the School Board, building community, Building and Engineering Department and in a comprehensive manner to determine what number would best fit our community. If you look at the budgets for the last 6 or 7 years where we had a limited amount of growth, you will see that the revenue string that was created far outweighs any inconvenience that it’s caused. He thinks we have managed our program very well and we do not need to muddy the waters with a moratorium.

Councilman Weiss said he does not think there has been the political will before this Board to get into the zoning and the particular issues in terms of traffic, etc. The 240 cap was merely an average of 10 years. It had no relationship to schools because we did not have a relationship with the schools. We have found that we need a little bit of breathing room. We have so much in the pipeline right now that it will not impact the people who make a livelihood. He also feels that we are on sound legal footing because we took the time to make sure of that.

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

A Public Hearing was held to consider renewal of the Temporary Conditional Permits A. – AA. as listed. James Callahan said that per the Zoning Law, the Town Board has discretionary authority to approve Temporary Conditional Permits for uses not specifically enunciated in the Zoning Law. Such permits are initially approved for the period of one year with subsequent approval for up to five years.

All items listed are existing permits. We have had complaints on Item Z. for Anges Autos at 8790 Main Street. Enforcement action has been taken. The permit does not allow for autos displayed on the property. Occasionally there are autos on the property and they are contacted. They are removed, but then appear again.

Mr. Callahan said an example of the use of these permits is for businesses in the Agricultural Zone.

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

Motion by Councilman Kolber, seconded by Councilman McPherson to grant a 5-year renewal of the following Temporary Conditional Permits A – Y and AA: A. Eisenberger Shop, 7735 Salt Rd.; B. Tucciarone Automotive, 10069 Main St.; C. Pautler’s Restaurant Outside Dining, 6343 Transit Rd.; D. Nella Cutlery, 8520 Stahley Rd.; E. Talboy’s Auto Detailing, 9510 Keller Rd.; F. Talboy’s storage Building, 9470 Keller Rd.; G. Lavocat’s Garage, 7338 Salt Rd.; H. Fredi’s Restaurant Outside Dining, 6010 Goodrich Rd.; I. Webber’s Garage, 10250 Cedar Rd.; J. DiBlasi Collections, 8520 Roll Rd.; K. Brennan’s Bowery Bar Outside Dining, 4401 Transit Rd.; L. S & S Construction, 9450 Maple St.; M. The Craft Emporium, 10563 Main St.; N. Calveneso’s Outside Dining, 5185 Transit Rd.; O. Payne’s Firearm Repair, 7800 Salt Rd.; P. Hirtreiter’s Classic Cars, 8601 Clarence Center Rd.; Q. Lavocat’s Nursery Off-Premises Sign; R. Szulis Greenhouses, Off-Premises Sign; S. Carps Auto Sales, 9735 Main St.; T. Clarence Hollow Farmer’s Market, 10225 Main St.; U. Pow R Devices Automotive Display, 5940 Goodrich Rd.; V. Eastern Hills Wesleyan Church Off-Premises Sign, Harris Hill Rd.; W. Gary Scaratine Automotive, 5730 Shimerville Rd.; X. Chicken Shack Antiques, 5270 Salt Rd.; Y. Dave Hauser Motorcycles, 10480 Main St.; and AA. Main Mobility, 9580 Main St. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to grant renewal of the following Temporary Conditional Permit for the period of 1-year: Z. Anges Autos, 8790 Main St. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant approval of the following: Clubhouse Applications – A. Clarence Democratic Committee – May 11, 2004; B. ROTA – May 25 and Dec. 4, 2004; C. Meals on Wheels – Oct. 1 & 2, 2004; D. Clarence Hollow Association – Oct. 16 & 17, 2004; E. Clarence Contemporary Club – Oct. 19, 2004; F. Breast Cancer Education – Nov. 12 & 13, 2004; G. SEPTSA – Nov. 19, 20 & 21, 2004; and Legion Hall Applications – A. Paul Dziama – May 8, 2004; B. Clarence Grange – Sept. 14, 2004; C. Andrea Herberger – Oct. 2, 2004; D. Clarence Log Cabin Quilters – Oct. 9, 2004; E. Deborah Hahn – Nov. 27, 2004; and F. Philip Smith – Dec. 18, 2004. On the question, Councilman Bylewski said he is a member of Clubhouse items A and D, however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of April 22, 2004 are approved for payment: General Fund - $178,613.39; Highway Fund - $43,191.42; Water District - $7,579.47; Lighting Districts - $949.86; Wastewater Districts - $106,695.79; Sewer Districts - $78,541.81; Capital Fund - $78,505.18; and Trust and Agency 203 - $1,368.64 for a total amount of $495,445.56. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Gayle Davis, Boyd Drive said she commends the Town Board for their action for the good of the Town and thanked them very much.

Supervisor Hallock announced that we have two new residents in the Town. They are Councilman Weiss’ new twins.

Councilman Weiss said his wife, new son Conrad Cadillac and daughter Persia Tigris are all doing great.

Councilman Weiss said one of the first meetings he attended, a former councilmember sat here and listened to all of the people try to do something about growth and he commented let them talk all night, it doesn’t matter. He believed it did matter for all of the people here tonight. When he walked around the Town during the election he heard the people say they wanted something done. He feels the Town was a winner tonight.

Mark Butler said he appreciates the decision tonight. He wanted to comment on Councilman McPherson’s statement that we have everything in place. He was here for a number of meetings for the Waterford development and he was disappointed by the fact that the developers got away with significantly smaller setbacks approved by the Council. They stated that it was because the houses could not fit on the lots that they made themselves. It was not the fault of the Town. A message has to be sent to the developers that there are rules and they cannot just do what they want.

Al Herrscher, II, 4080 Gunnville Rd. complimented the Town Board for standing up for the residents tonight. He asked what the Town could do about the roads being damaged by the developers. Strickler Road was just repaved last year. We have to pay for it and he feels that we should not be responsible for damage created by contractors.

John Wacek, 6142 Clarence Lane North said he heard a lot of people say their jobs depend on development. He holds two jobs, attends school full time and volunteers. He complimented the Board for putting thought into their decision. It sort of restored his faith in the political system because he feels united with other people who share a common goal.

David Hormell, 4640 Sawmill Rd. commends the Board for their decision. He is on the Board of Trustees for the Historical Society and the Bicentennial Committee. We will celebrate in four short years and it is nice to see democracy of today is reflective of the democracy that was started in Clarence 200 years ago. It was a good lesson for all.

Greg Haugeto, 6115 Railroad St. said he came tonight with his son who is working on his Communication Merit Badge for Boy Scouts. This was democracy at its best. It could have got real ugly tonight with two ways of life in conflict. This is how our system works and you keep at it until it is right. He feels everyone did well tonight.

Sean Hopkins asked, on behalf of an interested party who was not comfortable standing up and speaking during the moratorium, if a letter was received today from James Gresens about the moratorium. It raised some potential issues regarding conflicts of interest. Supervisor Hallock said one is here that she has not opened. Mr. Hopkins said it should be reviewed as soon as possible and the Town Board take appropriate action. He asked if the moratorium also includes PURDs? He thinks it is the Board’s intention that development plan approval for PURD is actually further along than concept plan approval and would not be subject to the moratorium.

Councilman Kolber said whatever the Town has approved, we are not going back on our word and stop. We are trying to do something that is fair.

Kevin Curry, 4197 Heather Ct. said he completely disagrees with the substance of the resolution this evening. He commends the Board for following their convictions. He thinks a moratorium is a simplistic solution to a rather difficult situation. Some consideration should be made of the outcomes. He does not think some of the things being done are in the best interest of the Town.

Councilman Kolber said he brought this forward because he thought it was the right thing to do. The Planning Department and Planning Board have so many projects to work on that they have a hard time working on the changes. We need this time to find the balance to harmonize with the Town.

Councilman Weiss said we have had projects that because they were rushed through, we are now paying the consequences.

There being no further business, Supervisor Hallock adjourned the meeting at 10:30 P.M.

Nancy C. Metzger

Town Clerk