05/09/07


A Work Session of the Clarence Town Board was held on May 9, 2007 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 Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona and Director of Administration and Finance Pam Smith.

Director of Community Development - James Callahan

Public Hearings:

Dash's Market 8845 Main Street
A public hearing is scheduled for 7:45 P.M.
Applicant has received Town Board approval for renovation of the property and is seeking a Special Exception Use Permit for a drive-thru facility at the new store. The proposed site is located on the south side of Main Street between Cameron Drive and Roxbury Drive in existing vacant grocery store located on 2.4 acres in the Harris Hill Traditional Neighborhood District. The design has been amended to address stacking concerns.

Chris Carolla 8720 Clarence Center Road
A public hearing is scheduled for 7:50 P.M.
Applicant requests a Special Exception Use Permit for a secondary living unit to be constructed as a part of the new home development for use as an in-law apartment. He has also requested approval to construct a pond in the rear portion of the property. Spoils will be utilized on site to provide grading to allow for construction of a new home with a walkout basement. The proposed secondary living unit is in a separate structure at the front of the property. The proposed site is located on the north side of Clarence Center Road, east of Shamrock Lane on existing vacant land consisting of approximately 5.8 acres in the Residential Single-Family Zone. A former farmhouse was recently demolished and removed from the property. The proposed accessory structure is too large for a residential zone; it can not meet setbacks, height or size requirements. Several neighbors have issues with the previous setback variance granted to allow for a new home.

Love your Dog 6989 Transit Road
A public hearing is scheduled for 7:55 P.M.
Applicant requests consideration for a Temporary Conditional Permit for a dog boarding facility at 6989 Transit Road. Applicant is seeking permission to construct an addition to the existing space to provide overnight boarding of dogs. The proposed site is located on the east side of Transit Road, north of Stahley Road in the Old Country Barn in the Swormville TND. Per the Zoning Law, the Town Board has authority to approve uses in the TND and may consider a Temporary Conditional Permit for uses not specifically enumerated within the Zoning Law. This use involves renovation of existing structures including the addition of fencing which is acceptable. Noise concerns should be addressed in the approval. Applicant should be made aware that a Temporary Conditional Permit is only for one year and can be revoked at any time. Councilman Casilio stated that the Town has received complaints regarding the noise coming from Harris Hill Animal Shelter. James Callahan stated that there are no adjoining residential homes in the immediate area.

Tucciarone Auto & Truck Repair 10069 Main Street
A Public Hearing is scheduled at 8:00 P.M. to consider the request for a Special Exception Use Permit for relocation of an automotive repair facility to 10055 Main Street. The proposed site is located on the south side of Main Street, west of Rockland Avenue in existing collision shop located on 1.5+/- acres in the Commercial Zone. Per the Zoning Law, the Town Board has authority to approve automotive repair facilities in the Commercial Zone via a Special Exception Use Permit. Mr. Tucciarone will have to provide plans for parking, that area would have to be paved and striped. Residents of the manufactured home park have requested some type of buffering.

Town of Clarence, Chapter 67 Building Construction and Fire Prevention
A Public Hearing is scheduled for 8:05 P.M. to consider a Local Law amending the Code of the Town of Clarence, Chapter 67 Building Construction and Fire Prevention.

Peter Taska 8240 Main Street
A Public Hearing is scheduled for 8:10 P.M. to consider the request for a Temporary Conditional Permit for outside storage and/or display at 8240 Main Street. Applicant is seeking approval for a Change in Use from the former travel agency to a landscape/pond business which may involve outdoor storage and display. There would be no changes to the faηade. The proposed site is located on the northwest corner of Main Street and Westwood Drive in the Harris Hill TND.

Formal Agenda items:

Louie's Car Clinic 9385 Main
Applicant requests a Public Hearing to consider a Special Exception Use Permit for automotive sales. Applicant is proposing to display additional vehicles for sale at this location. An amendment to the existing Special Exception Use Permit will be required as the current permit allows vehicle repairs and the display of two vehicles. The proposed site is located on the south side of Main Street west of Goodrich Road in a Commercial Zone. Councilman Casilio stated that he has concerns about the Budget Rental trucks being stored at this location.

Henry and Company 10678 Main Street
Applicant is requesting a Change in Use to convert the space from furniture sales to a restaurant. The proposed site is located on the north side of Main Street, east of Bank Street in existing furniture store located in a former church in the Clarence Hollow Overlay and within the Traditional Neighborhood District. The Community Character Protection Board has forwarded a recommendation on the proposal. Adequate parking exists in the TND Zone to accommodate the proposed use.

Walgreens 9217 Main Street
Applicant requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility. Applicant is proposing to develop a new drug store and office building. The proposed site is located on the south side of Main Street at the Sheridan/Thompson/Main Street intersection at existing residential use located on 3.3+/- acres in the Commercial Zone. Per the Zoning Law, the Town Board has authority to approve drive-thru facilities via a Special Exception Use Permit.

Henhouse Antiques 10768 Main Street
Applicant requests a Public Hearing to consider a Temporary Conditional Permit for an off-premises advertising sign in the Traditional Neighborhood District. The proposed site is located on the southeast corner of Main Street and Salt Road in existing historic structure located in the Clarence Hollow TND. Per the Zoning Law, the Town Board would have authority to approve a Temporary Conditional Permit for an off-premises advertising sign.

Glen Campbell Suzuki 5205 Transit Road
Applicant requests a Public Haring to consider a Special Exception Use Permit for automotive sales. Applicant is seeking approval to convert the existing used car facility into a new car dealership. Applicant is also requesting approval to construct a small addition to the rear of the existing structure to accommodate service bays. The existing used car sales center is located on 1.3+/- acres in the Major Arterial Zone. The existing used car facility was approved via a Special Exception Use permit by the Town Board on March 6, 2002. No significant changes are proposed to the existing structure other than the service bay additions to the rear. The parking area remains the same as current operation. Twenty-five percent green space is maintained.

Louie's Deli - 8226 Main Street
Applicant requests a Public Hearing to consider a Temporary Conditional Permit for outside dining. The proposed site is located on the north side of Main Street, west of Westwood Road in the Commercial Zone. Number of tables and hours of operation should be specified.

Norm Castine - Midnight Acres 7040 Goodrich Road
Applicant requests Development Plan approval for a five (5) lot Open Development area. The proposed site is located on the west side of Goodrich Road, north of Martin Road. The Planning Board has forwarded recommendations with conditions.

Brookfield Country Club 5120 Shimerville Road
Applicant requests annual Fireworks Permit for July 4, 2007. Applicant has provided insurance, Fire Chief approval and fees per our Local Law.

Rocco DelGrosso 6221 Transit Road
Applicant requests a building permit and architectural approval for an addition to existing commercial structure. Applicant is proposing to construct an addition to the rear of the existing structure and rehabilitate/remodel the entire structure to match the faηade of the new building to the south (Alessi Fitness). Applicant will also add green space to the front of the structure. The proposed site is located on the east side of Transit Road, north of Woodbridge Lane. The existing commercial structure, former (Floss) residential structure is located on approximately 2 acres in the Major Arterial Zone. Parking and drainage issues will have to be discussed.

Work Session items for May 23, 2007:

Harden Furniture 8326 Main Street
Applicant requests a building permit and architectural approval for a Change in Use from restaurant to furniture store. The proposed site is located on the north side of Main Street, west of Harris Hill Road in existing commercial building located on 1+ acre in the Traditional Neighborhood District. All setbacks are met with the proposed addition and adequate parking exists to accommodate the use.

Frank Morreale 8575 Roll Road
Applicant requests a Change in Use from vacant to sandwich shop in the Industrial Business Park located on 4.47 acres in the Industrial Business Park Zone The proposed site is located on the south side of Roll Road, east of Harris Hill Road. Adequate parking exists in the front of the structure to accommodate the space proposed for the use.

Frey's Old Time furniture 9992 Main Street
Applicant requests a Public Hearing to consider a Special Exception Use Permit for a commercial building over 30,000 square feet. The proposed site is located on the north side of Main Street, east side of Kraus Road in existing furniture sales/warehouse operation located on 8.2+/- acres in the Commercial Zone. The Planning Board has forwarded a recommendation on the proposed additions with conditions.

Mark Tuffaliero 10120 County Road
Applicant requests preliminary concept review of a proposed industrial business park. Applicant is proposing to develop a warehouse/distribution business park on existing vacant land consisting of 4.21+/- acres in the Industrial Business Park Zone. The proposed site is located on the north side of County Road, west of Strickler Road.

Michael Houlihan 10205 Martin Road
Applicant is proposing an addition that would include a secondary living unit. The proposed site is located on the south side of Martin Road, west of Strickler Road in existing single-family residence located in the Agriculture Rural Residential Zone. A public hearing will need to be scheduled to consider the use.

Greatbatch Inc. 10000 Wehrle Drive
Applicant requests a building permit and architectural approval for construction of an addition to the existing facility. The proposed site is located on the north side of Wehrle Drive, west of Shisler Road at existing commercial/industrial facility located on 250+ acres in the Industrial Business Park Zone. Adequate parking exists to accommodate the new office space. All setbacks and uses are compatible with zoning and MP 2015.

Curtis Cashmore representing Greatbatch Inc. presented concept plans for the proposed addition. Greatbatch Inc. is in the position where they would like to consolidate several of their buildings. The project will include the demolition, renovation and new construction at the 10000 Wehrle Drive site. All manufacturing has been moved to the Alden facility.

Councilman Bylewski asked if this project complies with the covenants that are already in existence. Mr. Cashmore stated that it does, they are not going to change any of the parking or the boundaries from which they operate now. Mr. Cashmore indicated that they are working on a very aggressive schedule and would like to begin work in July.

Supervisor Kathleen Hallock

There are three outstanding disclosure statements. One is very recent.

Supervisor Hallock circulated a letter from the Post Prom Committee requesting donations.

Supervisor Hallock received a certified copy of a resolution that the Erie County Legislature passed approving the Framework for Regional Growth.

Supervisor Hallock received a memo from Ray Braun, Senior Fire dispatcher for Amherst Central Alarm indicating that our five year contract with them expired 12/31/2005. Supervisor Hallock asked who negotiates the contract. Councilman Bylewski heard that the contract is sitting on Amherst Town Attorney's desk since before the expiration of the contract.

Supervisor Hallock stated the Amherst Central Fire Alarm office is limited to employing only Amherst residents however they provide dispatch services for Clarence and Newstead as well as Amherst. She had sent a letter to Amherst Supervisor Mohan indicating that Clarence pays $100,000 for this service and requested that Clarence residents be eligible to apply for those positions as well. Supervisor Mohan responded saying they could only hire employees residing in the Town of Amherst. Supervisor Hallock and Councilman Bylewski will meet with Town Attorney Bengart to discuss this further.

A Public Hearing will be set for the proposed Heritage Christian Services group home. The proposed home includes four separate living units in a residential zone. The Board was not certain which prevails, our Zoning Laws or the Public Mental Health Law.

The Clubhouse Restoration Committee will be holding a Classy Trash & Treasures fundraiser June 16th in the Clubhouse. One of the goals of the Committee is to spruce up the Clubhouse. The Committee would like to update the panel wall as you approach the kitchen to match the wanes coating. Volunteer architects that have served on the Historic Preservation Committee have submitted some ideas for the panel. Supervisor Hallock has asked the Town Engineer, Parks Crew Chief John Burns and the Building Inspector to attend the next Clubhouse Restoration meeting to be sure that what is being proposed is in compliance.

Paul Allen has suggested that some of the things that are not being used in the Clubhouse anymore be sold at the Classy Trash & Treasures auction such as the old lights and chandeliers (not original lights) that were taken down last year. There is no historical value and we have no reason to use these lights elsewhere.

Swormville VFC president John Gaulocher contacted Supervisor Hallock relative to LOSAP. She informed him that the Board was looking into it and our Town Attorney will be contacting the Town of Amherst.

Congressman Reynolds office contacted Supervisor Hallock. We will be receiving an electric golf cart from NY Power Authority for parks and security.

Supervisor Hallock will transfer $5,000 from Contingency for the Mobile Emergency Shelter Trailer; the remainder will come from a grant from Assemblyman Michael Cole. Once the trailer is paid for, we will receive the paper work and can register it. Karen Jurek did most of the research for the trailer. Disaster Coordinators Dave Baumler and Dave Bissonette will inventory the contents and then it will be stored in the garage at the Senior Center.

The Association of Erie County Governments will meet in two weeks. Mark Winters from CPS will talk about the Reverse 911 System with the County. Councilman Bylewski stated that Dave Bissonette has a big concern about switching over. One advantage to the County's system is their updated data base.

The Parks Department will be removing the stairs in front of the Historical Museum within the next week. Supervisor Hallock stressed what a danger they are.

Councilman Scott Bylewski

Councilman Bylewski has an amendment to the minutes.

Councilman Bylewski will report on the Amherst Central Fire Alarm Report for April 2007.

Councilman Bylewski is working on coordinating a Service Organization/Volunteer meeting for public safety purposes.

Councilman Bylewski will give a report on Meteor Enterprises.

A public hearing will be set for June 27, 2007 at 7:45 PM to consider adoption of the Adequate Public Facilities Local Law.

The TEQR Committee has forwarded several recommendations including the Walgreens recommendation.

Councilman Bylewski has received several applications for the vacancies on the Youth Board.

Councilman Bylewski asked that a resolution be prepared in support of Buffalo's Weather Museum. The Board is in favor of any project that would benefit the City of Buffalo.

Councilman Bylewski has one item to discuss in Executive Session regarding matters leading to the appointment of an individual.

Councilman Joseph Weiss

Highway Superintendent Ted Donner is requesting a bid date be set for May 23, 2007 for removal of wood chip mulch and the leaf compost

Highway Superintendent Ted Donner is requesting approval to bid through public auction for a used garbage packer owned by the Village of Waterloo. The packer will be auctioned at the annual Municipal Equipment Auction on May 12 in Palmyra, NY.

Highway Superintendent Ted Donner is requesting authorization to pay Gail Englert overtime compensation.

Councilman Weiss will make a motion to approve the request by Nikki Leonardi to host a fundraiser - walkathon for Huntington's disease. The walk will take place on September 29, 2007 on the bike path at Meadow Lakes Park with approximately 50 people.

Upon recommendation of Parks Crew Chief John Burns and Highway Superintendent Ted Donner, Councilman Weiss will appoint several individuals for seasonal help in both the Highway Department and Parks Department.

Councilman Weiss attended the School Board budget meeting. For such an important meeting; he was one of only three people in attendance.

Councilman Weiss commented that after reviewing the movie regarding signage, he feels that we must lower the signs on Main Street to a maximum seven feet with additional material, color and architectural limits.

Councilman Weiss has received calls regarding storm water/drainage he will refer them to either the Highway Department or the Engineering Department. Councilman Weiss asked how the town enforces homeowners associations to follow through on storm water retention ponds and water treatment agreements. Town Attorney Bengart stated that the Town does not have the authority. If it impacts public water, then the Town gets involved. Town Engineer Latona stated that a Retention Basin Committee has been formed and they are in the process of drafting an ordinance.

Councilman Weiss met with Parks Crew Chief John Burns regarding creating flower beds at the entrance to the west side of Town Hall.

The Parks Department will paint the library and the clubhouse once the roofing project is complete. Several street lights will also get painted.

Councilman Weiss announced that West-Herr Ford (our No. 1 sponsor) is contributing $5,000 for Day in the Park.

Councilman Weiss commented on the bike path evaluation report by Vince Delgato. Town Attorney Bengart stated that a Public Safety Committee has been formed and we are following up on several of the recommendations in the report.

Town Engineer Joseph Latona - Memorial Park

Greg Ribbeck brought his equipment to Memorial Park and began work last Friday. His bull dozer was extensively vandalized over the weekend and has brought the project to a halt. Mr. Ribbeck will get his equipment fixed however; he will not leave the equipment overnight which will increase the cost for trucking the equipment back and forth.

Councilman Bernard Kolber

Heritage Christian Services has contacted the Town relative to the construction of a group home on Shimerville Road, south of Connemara Lane on a 2.3 acre site. It is an eight person house in a pod type structure containing two bedrooms; each would have its own kitchen and bathroom areas similar to a four apartment unit. They will require public sewer hookup and have negotiated with Heise-Brookhaven Corporation relative to tapping into the sewer line. Town Engineer Latona will research how many sewer taps would be required.

Councilman Kolber would like to pursue sewer tap certificates. He suggested printing 1000 certificates and remove the ones already issued to date, mail them to Heise Brookhaven Corporation so that whenever they come in with a request for a sewer tap, they have to hand in a certificate. Councilman Kolber is aware that this is being tracked through the engineering office however; he feels that this is a simple and logical step to take; we would mail the balance of available taps to Heise-Brookhaven Corporation. Town Engineer Latona stated that he has a running tab on the number of units and he will forward that to the Town Board. Supervisor Hallock stated that we did this for the Peanut Line Sewer Corporation. Mr. Latona stated that the Peanut Line works from the building permit, the certificates do not come into effect until the building permit is applied for, not the lot. Councilman Kolber stated that he is trying to be pro-active in looking towards the future. Town Engineer Latona stated that under their approval, developers in Waterford get a notice indicating how many taps are available for this project. Mr. Latona has put them on notice that the remaining part of Waterford is going to be commercial and the EDU's vary with each commercial entity in some instances we are dealing with fraction EDU's, it depends on the business.

A new library director has been hired. She is coming to us from the Reinstein Memorial Library and will begin work on May 26, 2007.

Councilman Kolber has contacted the vendor regarding the Clubhouse alarm system. The bid came in under $3,000 and all totaled; we have not gone over the $10,000 threshold with Amherst Alarm so we do not have to go out to bid. Supervisor Hallock suggested Councilman Kolber speak with Parks Crew Chief John Burns to see if there is money in the Clubhouse account.

The School Board Budget Vote in Tuesday, May 15, 2007.

Councilman Kolber will schedule a joint meeting with the School Board and Town Board.

Councilman Kolber stated that there are many sign variances coming before the Zoning Board of Appeals. The Sign Law will be included on the agenda with the joint Planning Board/Town Board meeting.

Councilman Pat Casilio

Councilman Casilio will be appointing two individuals to Park's Security.

Councilman Casilio is working on some definite numbers for the camera system.

Councilman Casilio will submit a purchase order for the three storm damaged poles in Harris Hill. The Parks Department will install the poles.

Councilman Casilio will announce the annual recycling drop-off date for hazardous materials.

Town Engineer Latona has marked out potential sidewalk replacement in the Harris Hill area.

Councilman Casilio is working on getting permission to adopt the brick light posts on Nottingham Terrace.

Councilman Casilio has one item to discuss in Executive Session relative to the employment history of a particular person.

Town Attorney Steven Bengart

Town Attorney Bengart has two items to discuss in Executive Session regarding the employment history of a particular person and matters leading to the discipline of a particular person.

At the Recreation Advisory Committee meeting, Town Attorney Bengart was asked to talk to Highway Superintendent Ted Donner regarding crosswalks on Wehrle Drive.

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 the appointment of a particular person, matters leading to the discipline of a particular person and the employment history of a particular person. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:20 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Councilman Bylewski, seconded by Councilman Weiss to adjourn the Executive Session at 7:40 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, May 9, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Pledge to the flag was led by Councilman Bernard Kolber, followed by an Earth Day prayer read by Supervisor Hallock.

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

Motion by Councilman Kolber, seconded by Councilman Weiss to approve the minutes of the previous meeting held April 11, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held April 25, 2007. On the question, Councilman Bylewski amended the minutes to add the following motion on page 159 that was omitted in error: “Motion by Councilman Casilio, seconded by Councilman Weiss to grant Minor Subdivision Approval to create an additional residential building lot at 6537 Conner Road. Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.” On the question, Supervisor Hallock said she will recuse since she was not present at that meeting. Upon roll call – Ayes: Councilmembers Casilio, Kolber Weiss and Bylewski; Noes: None. Recuse: Supervisor Hallock. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Robert Friedman to the Senior Center Board with term to expire 12/31/08. On the question, Supervisor Hallock said this appointment is to fill the unexpired term of Donald Stiglmeier. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfer of funds in the General Fund: $5,000 from A 1990 Contingency to A 3989.250 Equipment. On the question, Supervisor Hallock said the transfer will partially cover the cost of the Emergency Trailer, with the remainder to come from a grant. After last year's storm, The Town Board and Disaster Coordinator felt strongly that there was a need for such a trailer. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          WHEREAS, a recent study by the Buffalo Niagara Convention & Visitors Bureau concluded that the tourism industry in Erie County generated more than $1 billion in direct visitor spending in 2005; and
          WHEREAS, cultural institutions such as theaters, sporting events and museums as evidenced by the above mentioned study, serve as a huge economic draw for local residents and tourists; and
          WHEREAS, downtown Buffalo needs additional family attractions to serve as a destination point; and
          WHEREAS, a unique interactive Weather Museum as advocated by Kate Foster, Craig Turner and Joe Illuzzi could attract tens of thousands of visitors to downtown Buffalo; and
          WHEREAS, weather is a topic of daily interest and news stories from around the world concern weather and its impact; and
          WHEREAS, everyone from school children to adults are fascinated by hurricanes, tornadoes, blizzards, tsunamis etc, and such items are frequently the topic of class discussions and television shows; and
          WHEREAS, a Weather Museum is not something that many places have and such an attraction would be unique to Buffalo; and
          WHEREAS, the Town of Clarence is desirous of Western New York succeeding as a region; and
          WHEREAS, a Weather Museum is Buffalo would be an asset to the region; and
          NOW THEREFORE BE IT
          RESOLVED, that the Clarence Town Board supports the idea of creating a Weather Museum as a unique cultural attraction; and be it further
          RESOLVED, that certified copies of this resolution be forwarded to U.S. Senators Charles Schumer, and Hillary Clinton, U. S. Congress members Thomas Reynolds, Louise Slaughter and Brian Higgins, Governor Eliot Spitzer, The Empire State Development Corporation, Erie Canal Harbor Development Corporation, members of the WNY State Delegation, and the Buffalo Niagara Convention & Visitors Bureau.
          On the question, Councilman Weiss said the plans include interactive exhibits such as rooms where you can experience tornadoes and other types of weather conditions to draw people. It should be a good exhibit. Councilman Bylewski said this would be a regional draw and as a Town Board, we will do anything to help the region, which will be a benefit to us all. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Central Fire Alarm April 2007 Operations Report. Town of Clarence fire companies responded to the following: Motor Vehicle Fires – 2; Miscellaneous Fires – 6; False Alarms – 1; EMS Calls – 124; Motor Vehicle Accidents – 15; and Miscellaneous Calls – 31 for a total of 179 alarms.

Councilman Bylewski said we have received information on the Meteor Enterprises litigation matter.
          Town Attorney Steven Bengart said Meteor Enterprises is the Gables on the Green lawsuit. The good news is that after several years of litigation this matter has been resolved in favor of the Town on appeal. The timeframe to appeal additionally has expired.
          Councilman Bylewski added that it is nice to see a favorable resolution for the Town, which basically upholds our Master Plan.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for June 27, 2007 at 7:45 P.M. to consider adoption of the Adequate Public Facilities Local Law. On the question, Councilman Bylewski said the Planning Board has recommended that the Town Board proceed with adoption of the Local Law as amended. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning Board and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Frey's Old Time Furniture Addition. This Unlisted Action involves the construction of additions to the existing retail/warehouse furniture sales operation. After thorough review of the submitted site plan and Environmental Assessment Form by the Planning Board and Town Board, it is determined that the proposed action is consistent with local Zoning Law and 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 Planning Board and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Addition and Remodeling at 6221 Transit Road. This Unlisted Action involves the construction of an addition and overall remodeling of the existing commercial structure located at 6221 Transit Road. After thorough review of the submitted site plan and Environmental Assessment Form, it is determined that the proposed action is consistent with local Zoning Law and 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 with receipt of mitigation measures as addressed by the New York State Department of Transportation, the Town of Clarence is free to act on the proposed Walgreens Drug Store and Office Building located at 9217 Main Street. Therefore, upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Walgreens Drug Store and Office Building located at 9217 Main Street. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, including a coordinated review with mitigation measures approved by the NYSDOT and a Stage 1 Cultural Resources Survey identifying no significant impact upon the environment, it is determined that the proposed action is consistent with local zoning and 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 pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed funding and acquisition of 5430 Old Goodrich Road. This Unlisted Action involves funding and acquisition of 5430 Old Goodrich Road. After thorough review of the Environmental Assessment Short Form, it is determined that the proposed acquisition is consistent with the Zoning Law, Subdivision Law and 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 Kolber that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed funding and acquisition of 4650 Thompson Road. This Unlisted Action for funding and acquisition of 4650 Thompson Road. Upon thorough review of the Environmental Assessment Short Form, it is determined that the proposed acquisition is consistent with the Zoning Law, Subdivision Law and 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 Casilio that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed funding and acquisition of 6995 Heise Road. This Unlisted Action for funding and acquisition of 6995 Heise Road. Upon thorough review of the Environmental Assessment Short Form, it is determined that the proposed acquisition is consistent with the Zoning Law, Subdivision Law and 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 Supervisor Hallock to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted May 9, 2007, authorizing the acquisition of land on Old Goodrich for Town facilities and/or parks and recreation, stating the estimated maximum cost thereof is $495,000, appropriating said amount therefor, and authorizing the issuance of $495,000 serial bonds of said town to finance said appropriation, subject to a Permissive Referendum.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted May 9, 2007, authorizing the acquisition of land and a single family residence located at 4650 Thompson Road for parks and recreation purposes, stating the estimated maximum cost thereof is $143,000 appropriating said amount therefor, and authorizing the issuance of $143,000 serial bonds of said Town to finance said appropriation, subject to a Permissive Referendum.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted May 9, 2007, authorizing the acquisition of land located at 6995 Heise Road for parks and recreation purposes, stating the estimated maximum cost thereof is $794,000, appropriating said amount therefor, and authorizing the issuance of $794,000 serial bonds of said town to finance said appropriation, subject to a Permissive Referendum.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a bond resolution of the Town of Clarence, New York, adopted May 9, 2007, authorizing the preparation of an update to the town's master plan, stating the estimated maximum cost thereof is $102,000, appropriating said amount therefor, and authorizing the issuance of $102,000 bonds of said town to finance said appropriation.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio thanked the Town Attorney's office for all their work on the purchase of these properties at great locations for a decent price for the Town.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Highway Department to bid on, through public auction, a used garbage packer currently owned by the Village of Waterloo. The packer will be auctioned at the Annual Municipal Equipment Auction on May 12, 2007 in Palmyra, New York. The amount requested will not exceed $15,000 with funds available in the Highway Fund. On the question, Councilman Weiss said the intended use is not for garbage, but to compress leaves. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize overtime compensation at the rate of one and one half times the regular rate of pay for Gail Englert for work in excess of her regularly scheduled hours of work per week with Highway Department Head approval. This is the same overtime agreement as the White Collar Union per Article 7. On the question, Councilman Weiss said this is to accommodate changing workload conditions. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Bid Date of May 23, 2007 at 10:00 A.M. for the sale and removal of Wood Chip Mulch. The bid price submitted will be per cubic yard, loaded and hauled offsite by the successful bidder. The volume consists of two piles totaling 2,250 cubic yards. Total payment must be made in full along with necessary insurance certificates prior to any material being removed from the site. On the question, Councilman Weiss said we have quite an excess of this material due to the storm. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Bid Date of May 23, 2007 at 10:00 A.M. for the sale and removal of Leaf Compost. The bid price submitted will be per cubic yard, loaded and hauled offsite by the successful bidder. The volume consists of a pile totaling 1,150 cubic yards. Total payment must be made in full along with necessary insurance certificates prior to any material being removed from the site. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation by Parks Crew Chief John Burns, the following be hired as Seasonal Help in the Parks Department at the budgeted rate of pay: Jacob Young, Nicholas Silvestrini, and Stephen Loomis effective May 14, 2007; Matt Lazickas, and Jillian Baldwin effective May 21, 2007; Larry Boller effective May 28, 2007; and Cal Ribbeck effective June 4, 2007. On the question, Councilman Weiss said this is done annually to assist in the seasonal duties. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation of Highway Supt. Ted Donner, the following be hired as Seasonal Help in the Highway Department at the budgeted rate of pay effective May 14, 2007: Jared Stang, Charles Walker and Cory Cian. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said that the Parks Department has several projects they will be working on including painting street lights, painting the Genealogy Museum when the roof is done and painting at the Clubhouse.

Councilman Weiss announced that we received $5,000 from West Herr for Day in the Park. They will be our key sponsor and we thank them. There are many more organizations involved this year and it should be an even better event than last year.

Councilman Weiss said we are receiving more trees from the Re-Tree Program. We initially received about 40 trees and through additional donations are up to almost 75 trees.

Councilman Weiss said he attended the School District Budget Meeting and there were only 3 or 4 people other than those affiliated with the school or the press showing up. This is the largest line item cost on the taxpayers of the Town and only a few people show up. He does not see how we will get any reforms in how the school districts operate if no one is involved.

Motion by Councilman Kolber, seconded by Councilman Casilio to authorize the Supervisor to sign the Phase II Stormwater Management Service Agreement between the Town of Clarence and the County of Erie. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said our library has not had a Director for a couple months. They have found someone and she should be starting May 26, 2007.

Councilman Kolber said we received a request from Heritage Christian Services to find a location for a new group home. The group homes that we do have have been conversions of existing homes. This request is for new construction. We are required to hold a public hearing in response to their request.
          Motion by Councilman Kolber, seconded by Councilman Casilio to set a Public Hearing for June 13, 2007 at 7:50 P.M. to consider the request by Heritage Christian Services to locate a new group home on an approximate 2.3 acre site, currently owned by Greg Ribbeck, on the east side of Shimerville Road, south of Connemara Lane. On the question, Supervisor Hallock asked if we will notify them regarding advice received about the zoning versus the Mental Hygiene Law so that we are prepared for the public hearing. Councilman Kolber said he will send them a letter after the Town Attorney reviews it. Councilman Bylewski added that the issue is the number of separate units proposed on that property. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said he will be contacting Clarence School District Supt. Thomas Coseo to set up a meeting with the Town Board for sometime in August or September.

Councilman Casilio said there is still an opening on the Avoidable Alarm Committee. Applications are available at the Town Hall or on our website.

Councilman Casilio thanked the Board for the appointment of Robert Friedman on the Senior Center Board. They wanted someone with a legal background. There is still another opening on the Senior Center Board for anyone interested.

Motion by Councilman Casilio, seconded by Councilman Weiss that upon the recommendation of the Chief Security Officer, the Clarence Town Board appoints Brandie L. Hadden as Security Officer PT at the budgeted rate of pay with said appointment to be effective as of May 10, 2007. On the question, Councilman Casilio said she has had training and all of her paperwork is in order. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Kolber that upon the recommendation of the Chief Security Officer, the Clarence Town Board appoints George A. Brown as Security Officer PT at the budgeted rate of pay with said appointment to be effective as of May 10, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio announced that Erie County is holding a Household Hazardous Waste Drop-Off Day on Saturday, May 12, 2007 from 9:00 A.M. until 2:00 P.M. at Erie Community College North Campus. Entry on the campus is from Wehrle Drive. Residents can drop off pesticides, fertilizers, chemical cleaners, oil based paints, paint thinner, batteries, oil, gasoline, kerosene, antifreeze and mercury.

Councilman Casilio said in regard to the school budget meeting, he cannot believe that when discussing a $64 million budget no one is interested. Yet when we tried to save taxpayers money on their garbage pick up costs, they came out like crazy.

Councilman Casilio said they are working on replacing the street lights in the Harris Hill area. We have received money from FEMA.

Town Clerk Nancy Metzger received a Designation of Restricted Highway Notice from the New York State Department of Transportation regarding the reconstruction of Transit Road, just north of Aero Drive to north of Main Street including all intersecting roads. The designation will not expire until December 31, 2009.

A Public Hearing was held to consider the request by Dash's Market for a Special Exception Use Permit for a drive thru facility at 8845 Main Street. James Callahan said the location is the south side of Main Street between Cameron and Roxbury Drives consisting of approximately 2.4 acres zoned Traditional Neighborhood District. This is for a previously approved grocery store.
          Beth Buscaglia, Architect said they believe that they have greatly improved the safety concerns by reducing the curb cut to 30 feet on Roxbury Drive. They are proposing a tandem kiosk for ordering, which includes a stop sign prior to exiting the queue line. It will alleviate the stacking across the main driveway from the Roxbury Drive entrance.
          Councilman Bylewski asked if it is possible to issue a Temporary Conditional Permit for one year to see how this is working. James Callahan said that is an option that the Town Board can decide on. The concern is the tremendous financial investment being made to put this in.
          Ms. Buscaglia said there is a $35,000 investment for this facility.
          Councilman Weiss said the Town Attorney mentioned that he has seen this type of setup at a Tim Horton's. Mr. Bengart said it was not double stacking.
          Ms. Buscaglia said the McDonald's on Kensington and one on Niagara Street have the same setup that she is proposing.
          Councilman Kolber suggested some type of hatch marking or no standing on the pavement in that area.
          With no one else speaking to the subject, motion was made by Councilman Weiss, seconded by Councilman Casilio to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Weiss to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on May 9, 2007 and after all interested parties having been heard, grants a Special Exception Use Permit to the applicant, Dash's Market, for a drive thru facility at 8845 Main Street, subject to the amended design submitted on April 26, 2007 and subject to pavement marking to minimize blocking of the driveway in front of the store.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit at 8720 Clarence Center Road. James Callahan said the property is located on the north side of Clarence Center Road, west of Shimerville Road consisting of 4+ acres zoned Residential Single Family.
          Christopher Carollo said he was here previously and explained his intent for the secondary living unit.
          James Callahan said the issue is the Residential Single Family Zone that will not allow multiple principal uses on the property. The accessory building in this zone has size and setback limitations. This proposal would need to have variances because of the size and for the setback because the location is in front of the principal structure.
          Councilman Bylewski said the Town Board cannot act without the variances in place. James Callahan said it would be in violation of the Zoning Law. Town Attorney Steven Bengart said that is correct.
          Supervisor Hallock said the applicant has been made aware of this. Mr. Carollo said he has come here in good faith and worked through the process. Now it seems like he is being pushed to another department.
          Councilman Kolber said they cannot make decisions that go against our own zoning regulations. We have done several of these permits for secondary living units as part of a primary structure.
          Mr. Carollo said he understands that, but just found that out and he has been involved in the process for 45 to 60 days.
          Councilman Bylewski said that procedurally, a Special Exception Use Permit would have to be obtained either way for this project to go forward. The variance would be needed. We can leave the public hearing open or adjourn the public hearing pending the determination of the Zoning Board of Appeals.
          Councilman Casilio asked who would be living in the structure. Mr. Carollo said it would be for visitors and possibly his parents for 4 or 5 months of the year.
          Supervisor Hallock said the house is being built first and then the secondary structure. Mr. Carollo said the secondary building would be first and the house would be built shortly thereafter. The main house is going to be about 3,400 to 4,000 sq. ft. and the secondary living space above the garage would be about 908 sq. ft.
          Speaking to the subject:
          Susan Wickenheiser said she purchased approximately an acre of land to the west of Mr. Carollo. She is very concerned for many reasons. She spoke to Chris and he told her that he would like to live in the secondary unit while the primary structure is being built. She wonders if the primary structure will ever be built if he is living in the secondary structure. If it is not built, what would the secondary structure be considered? Who will know who is living there?
          Ms. Wickenheiser said in researching the law, there are many questions and concerns. An accessory structure cannot be higher than 16 ft. Chris has said to her that once he sells the land the restriction dies. She was told by Building and Zoning Departments that it carries on to the next owner. She is looking to start building her house in the next few months. The accessory structure will be closer to her house than to his house which is supposed to be the primary structure. The front door will face his secondary structure. She has been up front with Chris on how and where she is placing her house.
          Ms. Wickenheiser said there are so many variables that she does not understand what it really is going to be. She is very concerned and if this is what is being proposed, then she is opposed to it.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. On the question, Councilman Kolber asked if they were going to close it or adjourn it. Councilman Weiss said he would rather deny it. James Callahan said the proposal opens up so many questions and issues with regard to the Residential Single Family Zone. Councilman Casilio said he would prefer that the primary residence is built first. He does not want to have another issue like we did on Stahley Road. Councilman Bylewski said he agrees and after trying unsuccessfully working with the applicant, he was ordered to tear the structure down. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Councilman Bylewski said we know that the applicant has to obtain a variance in order to move forward. He wonders if we should deny it; send it off to the Zoning Board of Appeals and reschedule, or not act on it. If the ZBA approves it, we could add it back on as an agenda item.
          Town Attorney Steven Bengart said it is the choice of the Town Board. He is not sure if there is a good or bad way to do it. The simple thing to do is to deny the request and he can go to the ZBA. It certainly was not intentional that he was not told sooner that this is what would happen.
          Councilman Weiss said there are so many dangling issues, that he believes it should be denied.
          Supervisor Hallock said if he wanted to go forward, it may be better for him to place the secondary unit closer or attached to his primary home to alleviate some of the concerns.
          Mr. Carollo said the secondary structure would be 90 ft. away from Ms. Wickenheiser. That is as far away as he could get it. He has made every effort and now he is going to regroup. It can be denied and he will consult with his attorney on how he has been treated by the Town.
          James Callahan said another option may be to seek a variance for a secondary primary structure on the lot.
          Motion by Councilman Kolber, seconded by Councilman Weiss to deny the request by Mr. Carollo for a secondary living unit at 8720 Clarence Center Road. On the question, Councilman Casilio said he has to go through the process. He is sorry that it has been 60 days, but that is the process that it is. Councilman Bylewski said the basis of the denial is that the Town Board does not have the authority to approve it because it does not conform to our Zoning Law. Town Attorney Bengart said the basis could also be on what you heard tonight. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for a dog boarding facility at 6989 Transit Road. James Callahan said the location is the east side of Transit, north of Stahley Road within the blue barn in the Swormville Traditional Neighborhood District. The applicant currently has a business at the location and wishes to expand it to include boarding.
          Janice Jabcuga said she has a letter from a close neighbor of four years stating that he has never had any trouble with the dogs barking or the employees of the business. He is in favor of the expansion.
          James Callahan said two smaller out buildings are being removed and they are constructing a new 3,000 sq. ft. building.
          Ms. Jabcuga scaled down the size of the building and the amount of dogs to 28 from 60.
          Councilman Bylewski said one of the issues had been the location within the Traditional Neighborhood District. He asked Ms. Jabcuga how she feels her project complies with that zone.
          Ms. Jabcuga said this is a small quant area for dogs while their owners are on vacation. It is different than a larger facility where dogs are in kennel runs all of the time. There are two real life rooms in the building and the dogs are with staff members.
          Councilman Bylewski said they had a similar request in another TND, but Swormville has more open space. She is making quite an investment that if after a year, the permit could be revoked if there are problems.
          Ms. Jabcuga said she understands that. She met with the architect today and they are going to insulate each suite. They will have a staff member take 5 to 6 dogs out at one time. The only time they will be in the individual suites is when they are sleeping and to eat. If they are left in a kennel run all of the time, there is nothing to do but bark. This is different. Ms. Jabcuga said she has had a daycare at this location with 30 dogs and has not had a complaint in ten years.
          Speaking to the subject:
          Sandy Edbauer said she takes her dog to the facility and it is clean. As she approaches the building, she has never heard dogs barking. She lives in the Swormville area and is in favor of the project.
          With no one else speaking to the subject, motion was made by Councilman Weiss, seconded by Councilman Casilio to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that given the differences between this facility in Swormville and what was proposed in Clarence Center, he makes the following motion:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on May 9, 2007, and after all interested parties being heard, grants a Temporary Conditional Permit to the applicant, Love Your Dog, for a Dog Boarding Facility to be constructed as an addition to the existing property located at 6989 Transit Road, subject to the following conditions: 1. The Temporary Conditional Permit is granted for one year. 2. Addition is limited to 3,025 square feet. 3. Limit of 28 dogs for overnight boarding. 4. Fencing per amended design. 5. Twenty-four hour staffing.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for relocation of an automotive repair facility to 10055 Main Street. James Callahan said the location is the south side of Main Street, west of Rockland Avenue in the Commercial Zone.
          Noel Tucciarone and Wayne Stevens were present. Mr. Tucciarone said he would like to move his business next door. Parking of vehicles would be in front of the building. They did speak with Noel Dill from Rock Oaks.
          Supervisor Hallock said they did receive an email from him today with some concerns.
          Mr. Stevens said the place they propose the vehicles to be parked is furthest from his property. Supervisor Hallock said he mentioned a fence. Mr. Stevens said he is willing to discuss putting up a fence. He is willing to talk to the neighbors.
          Councilman Casilio read the email, which discussed the type of fence he would like to see to help screen and absorb noise from the adjacent neighbors. He also says that Rock Oaks would maintain shrubs along there so that it looks nice.
          Town Attorney Steven Bengart said, for the record, that the managers of Rock Oaks were notified.
          Speaking to the subject:
          Jim Murphy, Vice President of Rock Oaks Homeowners Association said they do not want a fence, including the neighbor who would be most affected. He has also talked to six other neighbors and they do not want a fence put up. Bushes are not maintained in the rest of the park, so he does not see that being done in this area.
          Warren Stevens, owner said if he put up a six foot fence, it would be pretty close and that is what the neighbors would have to look at. In one area it is quite close to the road and would end up being hit by snowplows.
          John Mergler said he lives in Rock Oak West and has gone to Mr. Tucciarone to have his car repaired, as well as several of his neighbors. He is trying to improve his work location and he thinks it would be great for everybody.
          Mr. Tucciarone said there could be 10 – 14 cars at his location that are dropped off and picked up. He stores as many as he can inside. People drop their cars off at night and pick them up the next day.
          Councilman Bylewski suggested striping the parking lot for designated parking areas.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on May 9, 2007, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Noel Tucciarone, for an existing automotive repair facility to be relocated in an existing collision shop 10050 Main Street subject to the following conditions: 1. Pave and stripe area for vehicle storage. 2. Store no more than 14 vehicles outside. 3. All other conditions required under the Zoning Law, including but not limited to, the proper storage and disposal of waste.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law amending the Code of the Town of Clarence, Chapter 67 Building Construction and Fire Prevention. David Metzger, Sr. Building Inspector said the proposed law is around the requirements from the Secretary of State, which have been developed over the last few years. It details the duties that they are already performing. It also gives them more legal authority. He does not think it will place much more burden on the department, other than the fire inspections.
          Supervisor Hallock said this has been explained in detail to the Town Board at a work session a few weeks ago.
          Councilman Weiss thanked David Metzger for all of the work he has done on it.
          David Metzger said he is still working on the fire inspection fees, which as discussed may be phased in over the next few years.
          Councilman Casilio asked if the fees will cover their costs. Mr. Metzger said new construction will take care of itself. Older buildings may need upgrading to meet new requirements. That is the area that he would like to ease in to with the fees.
          With no one else speaking to the subject, motion by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the after a public hearing duly held on May 9, 2007, and after all interested parties being heard, the Clarence Town Board hereby amends the Code of the Town of Clarence and adopts Local Law No. 2 of the year 2007 - Building Construction and Fire Prevention Code.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for outside storage and/or display at 8240 Main Street. James Callahan said the location is at the northwest corner of Main Street and Westwood Road for a previously approved landscape pond business.
          Peter Tasca said he will be selling fish and will display a pond inside the building. Councilman Casilio questioned the fact that there is always a vehicle for sale there. Mr. Tasca has no problem with a condition that no vehicles are for sale in his lot.
          Mr. Tasca is trying out this business in addition to the existing insurance business. There will be no commercial vehicles in the lot overnight. He will only have a small sign in the window.
          With no one else speaking to the subject, motion was made by Councilman Weiss, seconded by Councilman Casilio to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that after a public hearing duly held on May 9, 2007, and after all interested parties being heard, the Clarence Town Board approves the request by the applicant Peter Tasca, for an outdoor storage and display of material related to previously approved use of the building located at 8240 Main Street, subject to the following conditions: 1. Temporary Conditional Permit shall be for one (1) year. 2. No cars displayed for sale. 3. Parking lot to be striped for parking. 4. No outdoor storage of equipment or materials outside fenced area.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Louie's Car Clinic requests a Public Hearing to consider a Special Exception Use Permit for automotive sales at 9385 Main Street.
          Paul Cambria said they have substantially improved this property since purchasing it last August. The parking lot in the rear was resurfaced and the landscaping will be done in the next few weeks.
          A Special Exception Use was approved several years ago permitting the repair and sale of cars. He was limited to two cars and they would like to display more than that. The only issue is the increase to eight cars, with four on each side. There is plenty of room in the back to park customer cars.
          Councilman Bylewski said a condition that we usually add is that the parking lot be striped to designate the spaces. Mr. Cambria said that would not be a problem.
          Councilman Casilio asked about the Budget trucks that were parked there. Mr. Cambria said they are picked up and dropped off by customers at the site.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for June 13, 2007 at 7:45 P.M. to consider the request for a Special Exception Use Permit for automotive sales at 9385 Main Street. On the question, Councilman Bylewski asked that the Zoning Office take a look to see if we need an umbrella Special Exception Use to cover both sales and rental. Councilman Weiss said he has no problem. Town Attorney Bengart said it would be helpful to get a survey with a layout of what they want to do. Councilman Kolber said he is not in favor of this proposal. Mr. Cambria said it has already been established 12 years ago. They are new owners and just want to expand on the whole business. Councilman Casilio said he has a concern with the Budget trucks sitting there. Mr. Cambria said they will keep them at the back of the lot when they are there. Upon roll call – Ayes: All; Noes: None. Motion carried.

Henry and Company requests a Change-In-Use from furniture sales to a restaurant at 10678 Main Street. James Callahan said the location in the Clarence Hollow Traditional Neighborhood District.
          The Architect and General Manager of Food is Good Inc. were present. The project will include new lavatories and installation of a kitchen. The exterior of the kitchen area will have a new roof, windows and siding. A parking lot expansion and new walkway will be included. The main structure will not have any exterior changes.
          James Callahan said the Community Character Protection Board reviewed the site plan and had no comment other than on the parking. The number of tables proposed and the amount of parking meets the code requirements.
          The General Manager said they have several restaurants in the Chautauqua area. He believes it would be a nice addition to Clarence.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Change-In-Use from furniture sales to a restaurant at 10678 Main Street. On the question, Councilman Kolber said the only thing he would suggest is that they find something other than a vinyl material for the kitchen area. Upon roll call – Ayes: All; Noes: None. Motion carried.

Walgreens requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility at 9217 Main Street. James Callahan said the location is the south side of Main Street across from the Thompson Road, Sheridan Drive intersection in the Commercial Zone.
          Brad Davidzik, Attorney said he is representing Benderson Development.
          James Callahan said there were mitigation measures required by the NYSDOT to the intersection. The access will be at the light. There will also be a right hand turn only entrance from Main Street at the western end of the site.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for May 23, 2007 at 7:50 P.M. to consider a Special Exception Use Permit for a drive-thru facility at 9217 Main Street with advertising to be paid by the applicant. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request by Henhouse Antiques for a Public Hearing to consider a Temporary Conditional Permit for an off-premises sign in the Traditional Neighborhood District at 10768 Main Street until the applicant is available. Upon roll call – Ayes: All; Noes: None. Motion carried.

Glen Campbell Suzuki requests a Public Hearing to consider a Special Exception Use Permit for automotive sales at 5205 Transit Road. James Callahan said the property consists of approximately 1.3 acres zoned Major Arterial. The applicant would like to convert the used car sales to a new Suzuki dealership.
          Councilman Casilio said he will recuse from discussion and voting on this request as he owns property next door.
          Peter Sorgi, attorney, and the president and vice president of Glen Campbell were present. It is a similar operation, changing from used to new cars. Suzuki has some specific architectural detail of which they will make recommendations on. Mr. Campbell said they will follow the guidelines set forth by the Town. Mr. Sorgi said they would come back if there was anything substantial. A requirement with Suzuki is that they get the permit first.
          Councilman Bylewski said if they had a rendering at the public hearing, it may save time. Mr. Sorgi said if they can and if not they will explain why. He also asked if it was possible to have the public hearing at the next meeting. They would be willing to pay the cost to advertise.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for May 23, 2007 at 8:00 P.M. to consider the request by Glen Campbell for a Special Exception Use Permit for automotive sales at 5205 Transit Road with advertising expenses to be paid by the applicant. Upon roll call – Ayes: All; Noes: None. Motion carried.

Louie's Deli requests a Public Hearing to consider a Temporary Conditional Permit for outside dining at 8226 Main Street. James Callahan said the location is the north side of Main Street, west of Westwood Road in the existing plaza in the Commercial Zone.
          A representative said he could not add more seating in the deli, so he is proposing an outside patio. The hours for use of the patio would be about 11:00 A.M. to 2:00 P.M. for lunch hours. The concrete pad would hold six tables.
          Councilman Bylewski said he should talk to the Planning Department regarding the greenspace issue for the site.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for June 13, 2007 at 7:55 P.M. to consider the request by Louie's Deli for a Temporary Conditional Permit for outside dining at 8226 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Norm Castine requests Development Plan Approval for a 5-Lot Open Development Area at 7040 Goodrich Road. James Callahan said the location is the west side of Goodrich Road, north of Martin Road consisting of 25+ acres of existing vacant land zoned Agricultural Rural Residential. The Planning Board has forwarded a recommendation with conditions for consideration by the Town Board.
          Brad Davidzik, Attorney said a condition of the Planning Board was that the applicant maintains a 100 ft. vegetative buffer as indicated. This plan has been before the Board on several occasions. At one time it was presented as 12 to 13 lots and he believes that is where the 100 ft. buffer issue began. He does not think that is necessary with 4 to 5 acre lots. He did not see any mention of the 100 ft. buffer in the Planning Board minutes of Sept. 20, 2006 for Concept Approval or the Town Board minutes of Oct. 11, 2006.
          Mr. Davidzik said there are no significant trees in this area. The applicant is willing to place a deed restriction to prohibit removal of any trees in a 25 ft. buffer area. They figure the distance from the homes will be 200 ft. from the lot line.
          Councilman Bylewski said there was concern from the residents regarding the natural buffer. It was brought up at the Planning Board meeting and he thought the applicant was in agreement at that time. He does not see where it would negatively impact him by leaving the natural buffer of 100 feet.
          Mr. Davidzik said the homeowners would not be able to use that area for anything. They feel that the house setbacks of 100's of feet from the property line is a fair compromise.
          Councilman Bylewski said the natural buffer was to help in maintaining the rural character of that area.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Development Plan Approval to the applicant, Norm Castine, for a 5-Lot Open Development Area located at 7040 Goodrich Road, subject to the following conditions: 1. Maintain 8” topsoil on portions of the site not covered by structures or roadways. 2. Fire hydrants per fire advisory approval to be (minimum every 600'). 3. No fire hydrants in the cul-de-sac. 4. Per Town Engineer conditions dated March 23, 2007. 5. Name for private road. 6. Homeowner's Agreement to be submitted and reviewed for Town Attorney approval. 7. Subject to Open Space and Recreation Fees. 8. Maintain 100 foot of buffer of vegetation at the rear of lots 1, 2, 3 and 4 and duly marked, subject to Town Engineer approval.
          On the question, Councilman Kolber said the name of the street will have to be approved.
          Councilman Casilio asked if lot 4 should be included in condition 8. James Callahan said the condition is right from the Planning Board minutes. Planning Board Chair Patricia Powers said in that motion lot 4 was added on the question. Councilman Bylewski amended the motion to include lot 4.
          Councilman Bylewski said the 100 ft. buffer should be clearly marked to avoid any confusion or encroachment. He will defer to the Building and Engineering Department to determine what that should be. The motion was amended to include.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to grant a Fireworks Permit to Brookfield Country Club for July 4, 2007 at 5120 Shimerville Road, having received all appropriate paperwork and fees. Upon roll call – Ayes: All; Noes: None. Motion carried.

Rocco Delgrosso requests a Building Permit and Architectural Approval for an addition to existing Commercial structure at 6221 Transit Road. James Callahan said the location is the east side of Transit Road, south of the Peanut Line in the Major Arterial Zone.
          Rocco Delgrosso said it is his desire to add on and renovate the existing structure to be similar to his new building adjacent to it and create a unified development.
          Councilman Bylewski said Mr. Delgrosso has said that he is willing to place an historic marker on the site indicating the historic nature of the site. Mr. Delgrosso said that is correct. He may contact Joe and Walter Floss to get their input.
          Mr. Delgrosso is attempting to save the chimney, but it is cracked. Councilman Kolber added that the historical value has been compromised because of all of the modifications made over the years and the materials used.
          Mr. Delgrosso said he is preserving the old barn in the rear.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Building Permit and Architectural Approval for an addition to the existing Commercial structure at 6221 Transit Road, subject to: 1. Commercial Open Space and Recreation Fees. 2. An Historical marker to be put into place on the property. On the question, Mr. Delgrosso wanted to make it clear that he is completely and entirely changing the outside of the building to a single story building. Councilman Weiss asked if he had the name of the trapper that used to live on the property. Mr. Delgrosso said he does, as well as the two guests that were with him. Councilman Bylewski suggested that he contact Doug Kohler because he is working on the history book for the Swormville area. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications - A. Rotary Club of Clarence – June 1 & 2, 2007; B. Boy Scout Troop 27 – June 12, 2007; C. Clarence Recreation Dept. – June 25 & 26, 2007; D. Clarence Hollow Association – Oct. 11, 2007; Legion Hall Applications - Diane Moyer – May 26, 2007; Donald Kreher – Nov. 24, 2007; Pavilion Special Requests - A. Rotary Club of Clarence – June 1-3, 2007; B. Nikki Leonardi – Sept. 29, 2007. On the question, Councilman Bylewski said the standard disclosure on behalf of all of the Town Board members who may be a member of one or more of the groups listed, however this is ministerial and they will all be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of May 3, 2007 are approved for payment: General Fund - $140,429.90; Highway Fund - $19,420.10; Community Development Fund - $4,709.75; Water District - $33,934.92; Central Alarm - $197,882.92; Fire Districts - $2960.99; and Trust and Agency 203 - $814.98 for a total amount of $400,153.56. Upon roll call – Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Councilman Weiss said he took his son to the lecture held by the Clarence Historical Society at the Town Park Clubhouse last night. They both enjoyed it and thought it was terrific.

There being no further business, Supervisor Hallock adjourned the meeting at 10:03 P.M.

Nancy C. Metzger, Town Clerk