05/10/06


A Work Session of the Clarence Town Board was held on May 10, 2006 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 member’s Scott Bylewski, Joseph Weiss, Bernie Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith.

Director of Community Development James Callahan

Public Hearings:

Brawdy Construction 9795 County Road
Public Hearing @7:45 P.M. to consider a Special Exception Use Permit for an automotive repair operation located at 9795 County Road. The proposed site is located on the south side of County Road, east of Goodrich Road at existing Construction Company located on 4.3 +/- acres in the Industrial Business Park Zone. Any outdoor parking/storage areas must be paved and are 50’ from any street line, which they are. All junk wastes, discarded parts, etc. shall be stored in an enclosed structure until properly disposed.

Lori Dinki 9030 Fairways Circle
Public Hearing @7:50 P.M. to consider a Special Exception Use Permit for a secondary living unit/in-law apartment at 9030 Fairways Circle. The proposed site is located on the north side of Fairways Circle, west of Willowbrook Drive in existing single-family residential unit on .64 acres. The area is located in a residential classification. Per the Zoning Law, the unit shall never be rented as a separate living unit and proof of deed restrictions guaranteeing the single-family use of the property shall be required.

Marta Carney/Noveltea 6045 County Road
Public Hearing at 7:55 P.M. to consider a Temporary Conditional Permit for outside dining at existing tea/book store at 6045 Goodrich Road. The proposed site is located on the southeast corner of Goodrich Road and Maple Street in the Traditional Neighborhood District. Initial approvals are for a one year period.

Eastern Hills Wesleyan Church 8445 Greiner Road
Public Hearing at 8:00 P.M. to consider a Special Exception Use Permit for an addition to Eastern Hills Wesleyan Church facility in excess of 10,000 square feet at 8445 Greiner Road. Applicant is proposing to construct a 28,000+/- square foot addition to existing church. The proposed site is located on the south side of Greiner Road, west of Harris Hill Road on 34+/- acres in the Residential Single-Family Zone. The Planning Board has forwarded a recommendation with the following conditions: 1) An approved Landscape Plan required, 2) The Town Engineer shall review the drainage plan and system 3) The storage building is to be removed 4) The Open Space Fee is to be waived 5) Future additions will be reviewed upon submittal by the Town Board with possible referral to the Planning Board.

Temporary Conditional Permits
Public Hearing at 8:05 P.M. to consider renewal of several Temporary Conditional Permits. Sheridan Sales and Service 9200 Sheridan Drive was granted a Special Exception Use Permit. Clarence Center Coffee Co. 9475 Clarence Center Road has received some complaints. Rock Bottom 6261 Transit Road is requesting renewal of their Temporary Conditional Permit and they are also asking for outdoor music every other Sunday.

Formal Agenda items:

Clarence Center VFC
Clarence Center Volunteer Fire Company requests a Demolition Permit to demolish Williams Hall (the original fire hall) located on the south side of Clarence Center Road, west of Goodrich Road. The existing vacant structure is located on .2 of an acre in the Clarence Center TND. The building is a historic structure greater than 50 years old. This project will be referred to the TEQR Committee and Historical Society for review and recommendation.

Harold Scheg 9675 Tonawanda Creek Road
Applicant is seeking approval for a two lot minor subdivision. The proposed site is located on the south side of Tonawanda Creek Road, east of Goodrich Road consisting of 54+/- acres of vacant land in the Agriculture Zone. One single family home exists on the parcel. The proposed lots conform to the Zoning Law. Applicant will need a Floodplain Development Permit however the proposed site is not in the density flood way.

Dr. Hallac 5445 Transit Road
Applicant requests a Building Permit and Architectural approval for a 5,200 square foot addition to the existing Eastern Transit Plaza. The proposed site is located on the east side of Transit Road, south of Roll Road at existing plaza located on 13.4+/- acres zoned Major Arterial. There are parking issues. They are required to have 150 spaces and they have 108 in the front of the building. The proposed plans indicate a future 44 parking spaces to the rear – it is best not to add any additional pavement if not necessary. Under the Zoning Law, there is a 150 square foot per parking space requirement however the Town Board can vary from it for green space. Paving and striping of additional parking spaces in the rear upon future determination of Town Board.

David DeMarie Dance Studio 8965 Sheridan Drive
Applicant requests Development Plan approval for an 11,000 square foot dance studio and accessory retail building. The proposed site is located just west of the Dynabrade facility on 2.3 acres zoned Commercial with a single-family home on site. The proposal includes building a new 11,000 square foot dance studio and accessory retail space with parking and utilities. The Planning Board and the applicant have discussed screening and architectural style. Undisturbed and protected areas are to be protected with orange fencing during the construction phase.

Joe and John Rubino 8850 Clarence Center Road
Applicants request a recommendation as to subdivision design, interpretation of setback and determination on sewer extension to service a proposed 36 lot subdivision. The proposed site is located on the southwest corner of Shimerville Road and Clarence Center Road on existing vacant land consisting of approximately 45+/- acres, zoned Residential Single-Family. Applicant is proposing a 36+/- lot incentive lot design, preserving 25% of the overall property as green space with double frontage lots. Per the Subdivision Law, the Town Board has final authority to approve subdivision design and whether an Open Space Design is utilized. In addition, the Town Board has final authority to approve out of district status in Clarence Sewer District #6. The Planning Board is requesting an interpretation of the Subdivision Law concerning a 200’ setback from public roads. Councilman Bylewski stated that he would prefer the Open space Design with a private road.

Supervisor Hallock will meet with Erie County Sewer District #5 discussed sewer capacity and the establishing of a sewer policy regarding in-district and out-of-district customers. John Rubino has provided documentation indicating that his project is in Sewer District#6. As far as sewer capacity in Amherst, Mr. Rubino is making improvements in Amherst. The Town of Amherst has provided a letter indicating there is capacity for Mr. Rubino’s proposed project. Supervisor Hallock will inquire as to whether a SEQRA was done; all municipal decisions are subject to SEQRA.

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

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

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

Properties Unlimited southwest corner of Thompson Road and Greiner Road
Applicant is proposing to split three new residential lots from the parent parcel. Lots are to be in conformance with Zoning Law. The proposed site is located on the southwest corner of Thompson and Greiner Road on existing vacant land consisting of approximately 3.5+/- acres zones Residential Single-Family. Applicant also owns adjoining 42+/- acre property. The remaining parent parcel proposed will have two future access points – one off Thompson Road and extension of Orchid Ledge Drive. The Planning Board has forwarded a recommendation to proceed with the splits as proposed with the condition that future homes/driveways be located as far from the intersection of Thompson Road and Greiner Road as possible and that the Town Engineer review the drainage concerns associated with the existing drainage ditch that traverses the property.

Tim Krantz 8960 Lapp Road
Applicant is proposing a 4-lot Open Development with two frontage lots. The proposed site is located on the north side of Lapp Road, west of Heise Road at existing topsoil operation located on 55+/- acres, zoned Agriculture Rural Residential. Mr. Krantz has scaled back from previous public road project, based on previous comments from the Town Board.

Work Session items for approval on May 24, 2006:

John Kavanaugh – Kenfield Road
Applicant is proposing a single lot split off the parent parcel. Previously four splits have occurred off this parent parcel. The applicant is limited by NYS Realty Subdivision Law to four splits every three years. The proposed site is located on the east side of Kenfield Road, north of Lapp Road on existing vacant land consisting of approximately 17.58+/- acres zoned Agriculture Rural Residential. There is long range concern of developing all frontage lots along Kenfield Road. Depth of the property and floodplain issues to the north prevents more desirable design features. Long term, a joint access driveway should be considered for future splits.

William Walker 7495 Transit Road
Applicant is seeking to introduce fill to the property to raise the grade for future development of a horse barn/show facility. The proposed site is located on the east side of Transit Road between Lapp and Wolcott Road on existing vacant land with barn located on 27.9+/- acres zoned Restricted Business along the frontage and Agriculture Flood Zone to the rear. A Floodplain Development Permit will be required.

Clarence Crossroads Medical Office/Dr. Bloom 9095 Main Street
Applicant has acquired additional lands to the south and west and is proposing to add an addition to the rear of the existing complex for additional medical office use. The proposed site is located on the south side of Main Street, west of Barton Road in a Commercial Zone. Buffering to adjoining residential properties along Barton Road has been an on-going concern. Applicant has not submitted any drawings and will therefore be removed from the agenda.

Arthur Fuerst 9450 Main Street
Applicant is proposing to demolish the existing home and remodel the dry cleaners store and single family residential unit located on 1.09+/- acres in the Commercial Zone and construct a new drive-thru coffee shop on the properties. The Planning Board has forwarded a recommendation on the Concept Plan and the Special Exception Use Permit. A Public Hearing will be required to consider the Special Exception Use Permit.

Harris Hill Commons-Harris Hill Road between Sheridan Drive and Greiner Road
Applicant is proposing to develop an Open Space Design Subdivision of 87 lots. The proposed site is located on the west side of Harris Hill Road between Sheridan Drive and Greiner Road on existing vacant land consisting of approximately 81 acres zoned Residential Single Family along the Harris Hill and Greiner Road frontage and Restricted Business along the Sheridan Drive frontage. Before expending any more time and money for the concept review of the project, the Planning Board has referred the project back to the Town Board to make a determination as to sewer district formation. Supervisor Hallock stated that this is out of district. Councilman Bylewski stated that this proposed project under the sewer Master Plan as part of lining up with Harris Hill. If we do create a sewer district, will it be an expansion of SD#6 or SD#7?

Bruce Bonhoff 5955 Thompson Road
Demolition Permit for an existing barn structure greater than 50 years old.

Janet Haist-southeast corner of Keller and Herr Road
Applicant is requesting approval to split one additional lot for residential use. The proposed site is located on the southeast corner of Keller and Herr Road on existing vacant land with a single family residence on the property. The property contains approximately 36.8 acres zoned Residential Single-Family. The proposed lot is in conformance with the Zoning Law however, there is long term concern with full build-out of the entire parcel. Applicant is removed from the agenda as she did not forward the property paperwork.

Director of Administration and Finance Pam Smith

Amherst Sewer Bill
Pam Smith gave an update on what the Town has paid to the Town of Amherst on a year to year basis. The Town has paid 80% of its bills from 1998 through 2003 and has not paid any fees toward 2004 and 2005 bills because we do not have an agreement with the Town of Amherst. The 80% that was paid was to satisfy the Town of Amherst until we got an agreement from them. Depending on what comes out of that agreement, we may not owe them anything else. The formulas used to calculate the $675,684.00 is based on the old formula between both towns. Currently, there is no one in the Town of Amherst to talk to regarding the bill; the comptroller position has not been filled. Town Engineer Latona suggested the Supervisor appoint a sub committee to address the payment issue. The committee will be made up of Director of Administration and Finance Pam Smith, Town Engineer Joe Latona, Councilman Joe Weiss and outside council, they will be in charge of finding out what the Town is being billed for.

Town Attorney Bengart stated that he received a call from an Attorney’s office and then a follow up letter concerning a title issue regarding a fence inside the property owner’s line of title. Arguably under case law that exists today, the Town can claim ownership to that piece of property however the Town has no desire to own the property. A motion will be made authorizing the Supervisor to sign an affidavit regarding a fence variation at 4885 Ransom Road.

Supervisor Kathleen Hallock

Supervisor Hallock will announce the motions that were passed at the May 3rd morning Work Session.

Highway Superintendent Ted Donner is meeting with Amherst Highway Superintendent next week regarding the Transit Road median.

Supervisor Hallock has a Resolution affirming the Master Plan relative to a grant application.

Supervisor Hallock has a Resolution authorizing her to file an application for funds from the NYS Office of Parks, Recreation and Historic Preservation relative to acquire and partially develop the property abutting Tonawanda Creek and Rapids Road.

Supervisor Hallock has a Resolution authorizing her to sign a Memorandum of Understanding with NYS Office of Real Property Services for the 2007 reassessment project.

Ethic’s Board Chairman Steve Murtaugh would like to set a Public Hearing for the changes to the Ethic’s Code.

Supervisor Hallock will make a motion to amend the Town of Clarence Town Policy Manual Section 904. It was previously reported it was an addition to Section 902.

Supervisor Hallock will adopt a Resolution regarding the 2006 Annual Disclosure Forms not filed.

Supervisor Hallock will make a motion to accept the 2005 Town Clerk’s report.

Supervisor Hallock received a request to install lights at the tennis courts at Meadow Lakes Park. Parks Crew Chief John Burns will get prices.

Supervisor Hallock and Pam Smith met with Joe Latona, Dave Folger and Linda Hirtreiter regarding Clarence Sewer District #9. All 211 parcels where there is service will be on the tax roll this year. Also included will be ten out of district customers. The middle school will also be included in this and will be billed on EDU’s. The school has not made any requests of the Town since the last communication however, if they are not included in this and they do tie in we can not bill them because they will not be loaded in the Assessors program.

Supervisor Hallock, Councilman Weiss, Town Attorney Bengart, Joe Latona and James Callahan met last week with County Executive Giambra, Drew Eszak and Tom Whetham and now would like to meet with the entire Town Board to discuss representation on the sewer district board and collaboration. A meeting date of May 24th at 9:00 A.M. has been scheduled.

Supervisor Hallock has a resolution authorizing Foit-Albert Associates to conduct an exploratory investigation to assess the internal condition of roof rafters and decking on the sloped roof of a porch at the Clubhouse. The fee is not to exceed $2,400. to be paid from the Clubhouse bond issue.

Councilman Scott Bylewski

Councilman Bylewski commented on the removal of the toll barriers. The concern he has is the proposed relocation site.

Councilman Bylewski has received the Central Fire Alarm April 2006 Operations Report.

Councilman Bylewski will announce the appointment of Michele Orvis as regular part time Program Coordinator in the Youth Department effective May 22, 2006.

The TEQR Committee has forwarded a recommendation on the proposed Arthur Fuerst coffee shop drive-thru.

Councilman Bylewski has spoken to several department heads regarding Club Infinity.

There is a Planning Board meeting May 31, 2006 from 7:00 PM – 9:00 PM to discuss Land Use Training and changes to the Zoning and Subdivision Law. Planning Board Chairman Pat Powers is strongly recommending that qualification in the Land Use Training Program be a requisite for any future appointments.

Councilman Joe Weiss

Town Engineer Joseph Latona is recommending the hiring of Jonathon Burgio as part time intern for the Engineering Department at the budgeted rate of $10.93 per hour starting May 15, 2006.

Parks Crew Chief John Burns is recommending the hiring of seasonal help in the Parks Department.

Highway Superintendent Ted Donner is recommending the hiring of part time seasonal help effective May 16, 2006.

Councilman Weiss commended Town Clerk Nancy Metzger for her 2005 Annual Report.

Councilman Weiss announced receipt of a check from Senator Mary Lou Rath for Day in the Park.

Clarence Idol finals will be held on June 7th. There are eleven candidates.

Councilman Bernie Kolber

The Zoning Board of Appeals meeting was held May 9th with only two members attending. They did have a hearing regarding the Ziemba project on Stahley Road. Approximately 20 neighbors showed up for the meeting. The ZBA will make a formal motion at their next meeting and rescind the variance for this project.

There has been a request by Heritage Christian Services to establish a group home for individuals with developmental disabilities at a site located on Keller Road. The chairperson on the Community Residence Committee has resigned and one member still has not returned their Ethic’s Disclosure form, which leaves the committee with three members. The only way to deny this type project is if the proposed location is over crowded with this type use.

Councilman Pat Casilio

While at the library, Councilman Casilio was approached by Library Director Rosanne Butler-Smith, she inquired about money from the Town to purchase books. Wal-Mart contacted Supervisor Hallock regarding a $2,000 donation to the Town and she suggested they make a donation to the library for books. The books will remain in the Clarence library branch.

Councilman Casilio will present the Senior Center Ad-Hoc Committee report to the Board of Directors. The Town Board has received copies of the report. The committee is asking to be dissolved after distribution of their report.

The Clergy Association is meeting June 8, 2006 to discuss growth in the Town.

Councilman Casilio has been talking to Paralegal Cindi Rosel regarding labor contracts.

Councilman Casilio will make an appointment to Security Department once all paperwork is on file. Security at Memorial Park is being discussed.

Councilman Casilio will make a motion authorizing NYSEG to install a street light on Goodrich Road.

A second letter has been mailed out to residents on the west end of Lapp Road indicating whether or not they want street lights.

Recycling Chairman Don Adams is organizing a meeting with all the licensed waste haulers in Clarence to work on some of the problems we have had primarily narrowing down the hauling to single days in neighborhoods.

The Sidewalk Task Force – Morelando Committee is organizing. They are getting their applications in and a meeting date will be set in the very near future. The committee will over see the rehabilitation of the entrance way to Harris Hill.

Town Attorney Steven Bengart

Town Attorney Bengart attended the WNY Storm Coalition for attorneys. Unfortunately, the Town had been working on an ordinance which will now have to be disregarded because the state had proposed a model ordinance that they would like to see put in place. There is approximately $7,800 per municipality designated towards legal fees to do this however the County wants to hire a lawyer and use the money from this to hire a lawyer to work for the County.

One of the green print acquisitions that the Town has been working on has been the Ribbeck property. In doing a Phase I Environmental review there was potentially some environmental issues off site that did not necessarily impact the property the Town is purchasing however, Town Attorney Bengart feels that the Town should either reevaluate its position or have Phase II Environmental review done in the areas that could potentially be impacted at an estimated cost of $10,000. or cut back on what the Town wants to purchase. Town Attorney Bengart suggested the Town cut back on the amount of property it wants to purchase. He suggested purchasing the frontage property and avoid the back land altogether where there could potentially be environmental issues. The Town Board was in agreement with this.

Councilman Casilio, Supervisor Hallock and Pam Smith met with Cost Control. They did a utility evaluation several years ago and saved the Town $90,000. Councilman Casilio will make a motion to enter into contract with Cost Control subject to Town Attorney Bengart’s review of the contract.

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

Darcy A. Snyder
Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, May 10, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Pledge to the flag was led by Councilman Joseph Weiss, followed by a prayer given by Gordon Smith of St. Mary’s Catholic Church.

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, Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Planning Board Chairperson Patricia Powers and Building Inspector David Metzger.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held April 26, 2006. On the question, Supervisor Hallock had a correction on page 145 – Carlton Thompson project should be the east side of Goodrich in every reference and not the east side of Herr. Harold Sheg should be spelled Scheg. Page 154 – subcommittee of the Bicentennial Committee should be the Morlando Restoration Committee. Councilman Kolber said the correct spelling is Chris Corollo, not Corolla. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant approval for a Special Event to the Clarence Hollow Association to host the Clarence Fun Bike Ride on Saturday, July 8, 2006. On the question, Supervisor Hallock said registration will be from 9:30 to 11:00 A.M. at the porch of the Town Park Clubhouse and at the Goodrich Road entrance to the Bike Path near the Highway Department. The Supervisor’s office will contact all emergency services. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Foit-Albert Association to conduct an exploratory investigation to assess the internal condition of roof rafters and decking on the sloped roof of a porch at the Town Park Clubhouse with fee not to exceed $2,400 to be paid from the bond for the Clubhouse Renovations. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to accept the Town Clerk’s Annual Report of Fees for 2005 and the Annual Tax Collection Report for 2005. The total fees collected were $797,520.33. The total amount of taxes collected was $36,161,210.45. On the question, Councilman Weiss thanked Nancy Metzger for the fine reports she submitted. Supervisor Hallock added and the fine work that went into the job. These reports are on file in the Town Clerk’s office and the Supervisor’s office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to amend the Town of Clarence Town Policy Manual Section 900 by making the following changes to Section 904: 1. Change the title of section 904 to - 904 Harassment; 2. Change 904 Sexual Harassment to 904 A. Sexual Harassment; 3. Add subsection 904 B. Harassment; 4. Under subsection 904 B add Policy Against Harassment. This change will take effect immediately. A complete copy of the Town of Clarence Town Manual is on file in the Office of the Town Clerk. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Whereas, the Ethics Board advised the Town Board on May 9, 2006, that despite phone calls by Town Board members who are liaisons to the committees they sit on and a reminder letter sent to them on April 18, 2006, four individuals have not, to date, filed their 2006 Annual Disclosure Statement with the Town Clerk; and
          Whereas, the Ethics Code adopted by the Town Board on January 20, 1999, Article IV, section 19.11[B] and Article VI, section 19.14 requires that all town employees (as defined in section 19.3 of the Ethics Code), newly hired, appointed or elected Town employees are required to file an Annual Statement of Disclosure; and
          Whereas, the Clarence Town Board, upon the request of the Clarence Ethics Board send a letter to the four individuals; and
          Now Therefore Be It
          Resolved, that the Clarence Town Board directs the Town Clerk to send the following letter to the four individuals who have not filed “Annual Statement of Disclosure for 2006”:
          You have failed to file a 2006 Annual Disclosure Form as required by the Ethics Code, adopted January 20, 1999, Articles IV and VI. Please be advised that the 2006 Annual Disclosure Forms are due by May 31, 2006. Failure to respond by that date will result in removal from the Town Committee you serve on.
          On the question, Councilman Kolber said they should be sent as certified mail.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said it is our policy to announce motions that were made a work sessions. The following motions were approved at the May 3, 2006 Work Session:
          A motion was passed to award SJB Contract Drilling and Testing, the soil boring contract for sewers on Ransom Road, Sawmill Road, South Park Avenue, West Avenue, East Avenue, Academy Street and Bodine Road in Clarence Sewer District No. 9 in accordance with their proposal dated April 25, 2006 in an amount not to exceed $10,730 to be paid from Clarence Sewer District No. 9.
          A motion was passed to declare two 1982 Ford Dump Trucks from the Highway Department as surplus equipment.

Supervisor Hallock said a bid opening was held today for completion of the bike path from Bridlewood Drive to the approach at Transit Road and from Strickler Road to Kraus Road. The low bid is under review and will hopefully be awarded at the next meeting.

Councilman Bylewski announced that we received the April 2006 Operations Report from Central Alarm. Town of Clarence fire companies responded to the following: Miscellaneous Fires – 7; EMS Calls – 107; Motor Vehicle Accidents – 12; and Miscellaneous Calls – 28 for a total of 154 alarms.

Councilman Bylewski announced that there are still openings on the Cable TV Committee, Youth Advisory Council and Historical Preservation Committee.

Motion by Councilman Bylewski, seconded by Councilman Kolber to appoint Michele Orvis as Program Coordinator - Youth Board RPT at the rate of $14.28 effective 5/26/06. On the question, Councilman Bylewski said this position was created to help out the Youth Director with working on the volunteer youth program. Supervisor Hallock said this is a Civil Service position. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that upon recommendation by the Town Environmental Quality Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Arthur Fuerst Coffee Shop Drive-thru. This Unlisted Action involves the construction of a coffee shop drive-thru at the site of the current dry cleaner store at 9450 Main Street. After thorough review of the submitted site plan and Environmental Assessment Form, including coordinated review among involved agencies and including a detailed traffic analysis of the plan, it is determined that the proposed action will not have a significant adverse environmental impact. On the question, Councilman Bylewski asked if this should take into consideration that there would be two drive-thrus at this location. James Callahan said the review did include both drive-thrus. Councilman Weiss said he thinks too much traffic would be generated at that site. Upon roll call – Ayes: Councilmembers Kolber, Bylewski and Supervisor Hallock; Noes: Councilman Weiss. Recuse: Councilman Casilio (As his brother is working on this project). Motion carried.
          Councilman Bylewski said a communication was received from Planning Board Chairperson Patricia Powers stating that a Work Session will be held May 31, 2006 from 7:00 to 9:00 P.M. There will be discussion regarding the Land Use Training Program from 7:00 to 7:30 P.M. and 7:30 to 9:00 P.M. the Planning Board will have discussion of changes to the Zoning Law and the Subdivision Law.
          Councilman Bylewski said another communication from Planning Board Chairperson Patricia Powers states that they are waiting for their official notification of certification for the Land Use Training Program. The Planning Board and some members of the TEQR Committee have completed the training. He encourages all other boards to pursue the certification. Councilman Bylewski thanked Patricia Powers, Gerry Drinkard and all of the members of the Planning Board who have spearheaded this effort.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the Supervisor to sign an affidavit regarding a fence variation at 4885 Ransom Road. On the question, Councilman Bylewski said this is required for a real property transaction that abuts to Town owned land. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that upon recommendation of Parks Crew Chief John Burns, the following people be hired in the Parks Department as seasonal help at the budgeted rate of pay: Cara Pavlock, David Harris and Jennifer Trapper, all effective May 17, 2006. 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: Jared Stang, David Ungary and Cory Cian effective May 16, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to hire Jonathon Burgio as the part time intern for the Engineering Department at the budgeted rate of $10.93 per hour starting May 15, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that we received a check from Senator Mary Lou Rath for Day in the Park.
          We have completed the Clarence Idol auditions. The contestants were so talented. June 7th is the finals at 7:00 P.M. at the High School. The talent is so incredible that we are getting help from voice coaches and the lead singer from The Boys of Summer.

Motion by Councilman Kolber, seconded by Councilman Casilio to authorize the Supervisor to sign a Memorandum of Understanding with the State of New York Office of Real Property Services for the 2007 reassessment project. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in Accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount of $49,700 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Clarence to acquire and partially develop the Krueger property abutting Tonawanda Creek on Rapids Road. The Town of Clarence will provide $158,144 in acquisition costs as matching funds.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said a letter was received from Heritage Christian Services, which is the formal notification of their interest to establish a home for four individuals with developmental disabilities in the Town of Clarence. The potential site is at 10966 Keller Road, Clarence. It would be a four-bed home in the Residential area for these individuals with appropriate staffing normally 1-3 staff members working 8 hour shifts.
          Councilman Kolber said State laws require a municipality to respond within 40 days of receipt of the letter by approving the site recommended by the agency, suggest one or more suitable sites or object to establishment of the facility.
          Motion by Councilman Kolber, seconded by Supervisor Hallock to set a Public Hearing for May 24, 2006 at 7:50 P.M. to consider the request by Heritage Christian Services to establish a group home for four individuals with developmental disabilities at a site located at 10966 Keller Road in the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request by Heritage Christian Services to establish a group home for four individuals with developmental disabilities at a site located at 10966 Keller Road in the Town of Clarence to the Community Residences Committee for their review and comments. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said the headline in the Clarence and Amherst Bees states that the Town of Clarence owes Amherst $675,654. We do owe them some money, but we do not really know how much. Amherst has not put in a good faith effort to determine what the amount is. We are trying to spend tax dollars wisely, and pay what we owe and not pay inflated amounts. Town Attorney Steven Bengart said that assumes that we owe anything. Councilman Casilio added that we are being charged for their Councilman too. These are the things we question.

Councilman Casilio said the Senior Center has had an ad hoc committee for over a year. They have finished their report and he will present it for them tomorrow morning to the Senior Center Board of Directors meeting.

Motion by Councilman Casilio, seconded by Councilman Weiss to reappoint Ron Bosela as Security Officer Part Time effective immediately. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to authorize NYSEG to install 1 – 100 HPS luminaries @ a cost not to exceed $90.54 each for a total annual increase of $90.54 to the Town under the terms and conditions covered in NYSEG’s street lighting tariff agreement with the Town of Clarence. To be installed at the following location: Service Class 3 (NYSEG owned) at 5353 Goodrich Road on pole No. 41. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio said he met with Cost Control Associates who did an audit of the Town’s utilities about 6 years ago and saved the Town about $90,000 in utility costs. They are under State Bid Contract.
          Motion by Councilman Casilio, seconded by Councilman Weiss to hire Cost Control Associates per the State Bid Contract, subject to Town Attorney approval to do an audit of all our utilities including phones and cell phones for the Town of Clarence. On the question, Councilman Kolber said they do get a percentage of what they save for us. Councilman Casilio said it is on a scale. Once we pay their cost, we continue to save. Upon roll call – Ayes: All; Noes: None. Motion carried.

Town Clerk Nancy Metzger stated for the record that a petition was received on May 9, 2006 from Clarence Center Road and Thompson Road area residents who are opposed to the proposed manufacturing facility at 9215 Clarence Center Road. A copy is on file in the Town Clerk’s office and in the Planning and Zoning Department.
          Councilman Bylewski said that request was denied. Councilman Casilio said the only way it would be considered is if the applicant came back with changes.

A Public Hearing was held to consider a Special Exception Use Permit for an automotive repair operation at 9795 County Road. James Callahan said the location is the south side of County Road, east of Goodrich Road consisting of an existing construction company on 4.3 acres zoned Industrial Business Park.
          Mr. Brawdy said he is not going to be a public repair facility. His intent is to inspect only his own vehicles. It is a legal requirement to obtain the permit. Supervisor Hallock said it will remain as such if someone asked him to inspect their vehicle. Mr. Brawdy said yes. It is to inspect only his vehicles.
          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 Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board, after a public hearing duly held on May 10, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant Brawdy Construction for an Automotive Repair Operation within the existing structure located at 9795 County Road for automotive inspections and repairs subject to the following conditions: 1. All outdoor parking areas and equipment storage areas to be paved. 2. All junk wastes, discarded parts, etc shall be stored in an enclosed structure so as not to be visible until properly disposed of and may not be disposed of on-site.
          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 9030 Fairways Circle. James Callahan said the location is the north side of Fairways Circle at an existing single family residence located in the Residential Single Family Zone. The applicant was present.
          With no one speaking to the subject, motion was made by Councilman Bylewski, 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 10, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Lori Dinki, for a secondary living unit to be constructed as an addition to the existing single-family residential home located at 9030 Fairways subject to the following conditions: 1. Shall only be utilized as a familial/in-law apartment or for paid employee(s) or guests of homeowner. 2. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the secondary unit to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney. 3. Proof of filing of the approved deed is required and must be submitted to the Town Attorney.
          On the question, Councilman Bylewski asked if the applicant was in agreement to follow the conditions and she said yes.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Temporary Conditional Permit for outside dining at 6045 Goodrich Road. James Callahan said the location is the southeast corner of Goodrich and Maple at the existing tea/book store in the Clarence Center Traditional Neighborhood District.
          Marta Carney said she has changed to a canvas canopy. It is a 10’ x 10’ temporary structure to be placed in front of the French doors facing Goodrich Road. The hours of operation are Tuesday, Wednesday and Thursday from 9:00 A.M. to 5:00 P.M. and Friday and Saturday from 9:00 A.M. to 10:00 P.M. She is closed on Sunday and Monday except for private parties. Ms. Carney intends on placing five tables for 20 guests. She will have small twinkle lights inside the canopy and the lamps that are on the building.
          Speaking to the subject:
          Barbara Latona said she lives next door and Marta has been a wonderful neighbor. She would like to speak in favor of her request.
          Councilman Kolber said he agrees, she has done a wonderful job with the building.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, 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 Casilio to adopt the following resolution:
          Be It Resolved, that after a public hearing duly held on May 10, 2006, and after all interested parties being heard, grants a Temporary Conditional Permit for outside dining to the applicant, Marta Carney/ Novel Tea, located at 6045 Goodrich Road subject to the following conditions: 1. Temporary Conditional Permit is granted for one year. 2. Outdoor seating not to exceed five tables or 20 seats. 3. No live entertainment and any allowable entertainment not permitted past 10:00 p.m.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Special Exception Use Permit for an addition to Eastern Hills Wesleyan Church facility in excess of 10,000 sq. ft. at 8445 Greiner Road. James Callahan said the location is the south side of Greiner Rd., west of Harris Hill Rd. consisting of approximately 34 acres zoned Residential Single Family. The applicant is proposing a 28,000 +/- sq. ft. addition. The Planning Board has forwarded a recommendation with conditions, including a landscape plan that has been approved by the Landscape Committee.
          Mark Nigro and the architect were present. He said the addition does not add to worship capacity at the site; it is for children’s Sunday school area and an adult meeting space. The exterior materials will match the existing building. It was originally called Phase II for up to 112,000 sq. ft. Parking is not affected and lighting will not shed into the adjacent neighborhood. The landscaping will include 47 new trees.
          The addition is an increase of 25 – 30% to the building. The maximum height is 27’6”. The ring road is 55 ft. from the adjacent neighborhood and the building is 170 ft. away. The ring road to the nearest house is 165 ft.
          Councilman Kolber said the main concern he sees is car lights shining into the adjacent houses. It would be good if they could maintain as much of the buffer as possible. Councilman Casilio said they need the ring road for fire protection. They also have future plans for expansion within the ring road. They prefer not to bring the ring road any closer to the building.
          Supervisor Hallock said this was reviewed extensively by the Planning Board. They walked the site.
          Councilman Bylewski said one condition the engineer will review is the drainage plan. They are confident that it will be fine.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board, after a public hearing duly held on May 10, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Eastern Hills Wesleyan Church, located at 8445 Greiner Road to construct a 28,000 +/- square foot addition to the existing church subject to the following conditions: 1. Town Engineer to review and approve drainage plans and system. 2. Storage building is to be removed. 3. Open Space Fees are waived. 4. Implementation of the pre-approved Landscape Plan. 5. Future phases must be submitted to Town Board for review with possible referral to the Planning Board.
          On the question, Supervisor Hallock asked if they are familiar with and in agreement with the conditions. Mr. Nigro said yes they are. Councilman Weiss said they should make sure that they keep the new trees watered. Councilman Kolber asked that they be a good neighbor to the adjacent neighborhood.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider Renewal of the Temporary Conditional Permits as listed on the agenda. Supervisor Hallock said item A. Sheridan Sales and Service will be removed.
          James Callahan said that items L. Clarence Center Coffee Co. and U. Rock Bottom may be approved separately because over the last term of their Temporary Conditional Permits there were some complaints, although not recently. Rock Bottom is also considering an amendment. All others are recommended for renewal up to five years.
          Laura Cleary, owner of the Clarence Center Coffee Shop was present. Supervisor Hallock said we have received complaints in the past over the Labor Day weekend and into early September. Councilman Bylewski said she is a new owner.
          Ms. Cleary said summer hours begin next week from 7:00 A.M. to 10:00 P.M. on Sunday, Monday Wednesday and Thursday, and 7:00 A.M. to 11:00 P.M. on Tuesday, Friday and Saturday. They have outdoor entertainment, weather permitting, on Tuesday, Friday and Saturday. Supervisor Hallock said most of the complaints she received in the past were for Tuesday nights. She said they were responsive when she went over there. Supervisor Hallock Hallock asked if she would be willing to stop the outdoor music on Tuesday nights at 9:00 P.M. Ms. Cleary said she would.
          Councilman Casilio said the restaurant and the music sure add to the character of Clarence Center.
          Domenic Ruzzine of Rock Bottom said he would like to have outdoor music on every other Saturday night from June through August. James Callahan said they have not received any complaints. Mr. Ruzzine said he would like to start at 9:00 P.M. to Midnight after the dinner crowd.
          Councilman Kolber said he is concerned about going to Midnight and asked how close he is to residences. Mr. Ruzzine said the closest is about 300-400 ft. beyond the fence. Supervisor Hallock suggested allowing a one-year permit to see how it goes.
          With no one else speaking to the subject, motion was made by Councilman Kolber, 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 after a Public Hearing duly held on May 10, 2006 and after all interested parties being heard, the Clarence Town Board hereby renews the Temporary Conditional Permits for the following businesses for a period of five years, except for items A, L and V: A. Sheridan Sales & Service, 9200 Sheridan Dr.; B. Top Notch Automotive, 8355 Goodrich Rd.; C. Hoover Automotive, 8417 Transit Rd.; D. RJ’s Automotive, 10187 Main St.; E. United 4-Wheel Drive, 10187 Main St.; F. A&R Vehicle Repair, 8960 Lapp Rd.; G. Ralph Graf Auto Repair, 9460 Tonawanda Crk. Rd.; H. Palmer Powder Coating, 7250 Goodrich Rd.; I. Calarco Landscaping, 8558 Stahley Rd.; J. Bakowski Landscaping, 5640 Davison Rd.; K. Gallagher Landscaping, 9780 Lapp Rd.; L. Clarence Center Coffee Co., 9475 Clarence Center Rd. ; M. Zbrzezny Landscaping, 4951 Kraus Rd.; N. Dean Maciuba, 10865 Clarence Center Rd.; O. Hewson Tree Trimming, 9000 Lapp Rd.; P. At Your Service Car Care, 5844 Goodrich Rd.; Q. Farmer’s Market, 10717 Main St.; R. Colton RV, Eastern Hills Mall; S. Pizza Inn, 6235 Goodrich Rd.; T. Bronisz Woodcutting, 4611 Shisler Rd.; U. David Miller, 10825 Bodine Rd.; V. Rock Bottom, 6261 Transit Rd. On the question, Councilman Casilio said he recuses from voting on item O. At Your Service Car Care, as he is part owner of the building. Upon roll call – Ayes: All; Noes: None. Recuse: Councilman Casilio for item O only. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant renewal of a Temporary Conditional Permit to the Clarence Center Coffee Shop for a period of three years with a limit of 9:00 P.M. for outdoor music on weekdays. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Casilio to grant renewal of a Temporary Conditional Permit for the period of one year to Rock Bottom, 6261 Transit Road with a limit of 11:00 P.M. for live music on weekends. Upon roll call – Ayes: All; Noes: None. Motion carried.

Clarence Center Vol. Fire Co. requests a Demolition Permit for a structure over 50 years old at 9415 Clarence Center Road. James Callahan said the property is located on Clarence Center Road, west of Goodrich Rd. an existing structure over 50 years old in the Clarence Center Traditional Neighborhood District. This is considered a Type I Action under SEQR and a coordinated review is required.
          Daniel Loudenslager said they had a meeting and the company decided to move on with the demolition.
          Councilman Bylewski said he has concerns. He hopes that the Fire Company is sensitive to the issue of historic preservation. He would also hope that they would consider preserving the front façade of the building for the front of any future building. Dan Loudenslager said he would not consider that. They plan to keep the block on top and that is all.
          Councilman Weiss said he does not believe that any organization that gets funds from the Town should be allowed to let an historical building go into disrepair. He also thinks the fire companies within the Town should be looking at more mutual aide and not increasing trucks. We have taxpayers making decisions between Medicaid and food and paying $3 for a gallon of gas. He would not be in favor of knocking down this building, or building a bay and increasing the size of the fire department.
          Councilman Bylewski said because we do not have a Historic Preservation Law in place, we can refer the request to the Town Environmental Quality Review Committee or table the request if the applicant so desires for further consideration.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to refer the request by Clarence Center Vol. Fire Co. for a Demolition Permit for a structure over 50 years old at 9415 Clarence Center Road to the TEQR Committee. Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: Councilman Weiss. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Casilio to table the request by Harold Scheg for approval for a 2-Lot Minor Subdivision at 9675 Tonawanda Creek Road until the applicant is present. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Dr. Ismet Hallac requests a Building Permit and Architectural Approval for a 5,220 sq. ft. addition to the existing Eastern Transit Plaza at 5445 Transit Road. James Callahan said the location is on the east side of Transit Road, south of Roll Road consisting of existing retail plaza on approximately 13.4 acres zoned Major Arterial.
          Dr. Hallac said there is a question about ownership of the property. He has paid the taxes on this property since 1984 and all of the leases are in his name. It is owned by him and all of his children, with all in agreement except for one son. He does not want the property built out. Dr. Hallac said he is the one that is managing everything and is there.
          Councilman Bylewski said it is not our place to determine ownership. We are comfortable with the fact that the applicant has the authority to apply. Town Attorney Steven Bengart said if there is an objection by one of the owners, they should be here to speak up and be heard.
          Norm Castine said he owns the adjacent property to Dr. Hallac and he has no objection to his request.
          Supervisor Hallock said one of the conditions for approval is that the architectural style meets the existing building. Dr. Hallac said he has someone who wants to put in a coffee shop up front. It will be the same structure and façade continuing.
          Supervisor Hallock said other conditions include Landscape Committee recommendations, Town Engineer approval, and in the event that the owner to the south agrees to create a cross access route parallel to transit Road, the applicant must agree to engineer and pave to Town specification to the property line.
          Dr. Hallac said he offered to pay for the expenses to connect the parking lots, but the owner would not agree. He would accept that.
          Supervisor Hallock said additional parking and striping would be required if the Town Board deems it necessary. Dr. Hallac said yes. If he did not have enough parking the renters would not stay.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request of the applicant, Dr. Ismet Hallac, for a Building Permit and Architectural Approval for a 5,200 square foot addition to the existing Eastern Transit Plaza at 5445 Transit Road subject to the following conditions: 1. Architectural Style to meet present style of existing building. 2. Landscaped Committee recommendations. 3. Town Engineer approval. 4. In the event the owner to the South agrees to create a cross access route parallel to Transit Road, the applicant must agree to engineer and pave to Town specifications to their common property line. 5. Additional parking and striping upon the demand of the Town Board.
          On the question, Councilman Weiss said he will recuse himself because Dr. Hallac has done medical exams for his company.
          Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.
          The Town Board will contact the adjacent owner to discuss the connecting roadway.

David DeMarie Dance Studio requests Development Plan Approval for an 11,000 sq. ft. dance studio and accessory retail building at 8965 Sheridan Drive. Councilman Casilio said since his brother is handling this project, he will recuse from any discussion or vote in regard to this project.
          James Callahan said the property consists of approximately 2.3 acres zoned Commercial. The Planning Board has forwarded a recommendation with conditions.
          Mark Mussachio, architect said they have made changes to the building by eliminating some of the metal panels as recommended by the Planning Board.
          Councilman Bylewski said the east façade will now be more visible from the street. He asked what the percentage of metal panels will be on that side. Mr. Mussachio said approximately 40%. Councilman Bylewski said the Zoning Law states that it can only be 30%. Mr. Mussachio said they could make that adjustment to the building.
          Peter Casilio said Leonard Castilone, the owner, has expended a lot more money than anticipated to meet the requirements of the Planning Board. He is going to have a better facility to serve his students.
          Councilman Kolber said it does look much better, but he is concerned about the east façade.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the applicant David DeMarie Dance Studio Development Plan Approval for an 11,000 +/- square foot Dance Studio and Accessory Retail Building at 8965 Sheridan Drive subject to the following conditions: 1. Conditions of the Town Engineer. 2. Undisturbed and protected areas to be protected with an orange fence during construction. 3. Implementation of the pre-approved Landscape Plan. 4. Hydrant issue addressed to the satisfaction of the Building/Fire Advisory Committee. 5. Metal paneling may not exceed 30% of building wall facades visible from the street pursuant to the Zoning Code. 6. Open Space Fee & Recreation Fee.
          Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Rubino Brothers requests a recommendation as to subdivision design, interpretation of setback and determination on sewer extensions to service a proposed 36-lot subdivision at 8850 Clarence Center Road. James Callahan said the location is on the southwest corner of Shimerville and Clarence Center Roads consisting of approximately 45 +/- acres zoned Residential Single Family. The Planning Board has reviewed the proposal and referred it back to the Town Board to receive direction on three issues: Incentive Lot Design, Open Space Design versus conventional design; interpretation on 200’ setback requirement from existing public road; and approval of out-of-district status with Erie County Sewer Dist. No. 5 in Clarence Sewer Dist. No. 6.
          Jeff Palumbo, Attorney said they are here for guidance regarding the issues forwarded from the Planning Board.
          Councilman Bylewski said one of the issues is SEQR approval regarding the extension into Amherst. Town Attorney Steven Bengart said it is his understanding through discussion with the Supervisor and the Rubino Brothers that apparently there was work done in the Town of Amherst to replace the sewer pipes along the Dodge Road area. As a result of that, it is felt by the Town of Amherst that there is additional capacity for the Town of Clarence. He believes that there should have been or was a SEQR review done for that. We have never been provided a copy of the SEQR review and he has requested of counsel that it be provided, as well as any letters that we were involved in the coordinated review.
          Councilman Bylewski said it is our understanding that they are requesting out-of-district status in Erie County Sewer Dist. No. 5 from within Clarence Sewer Dist. No. 6. That leaves the question of whether Erie County Sewer Dist. 5 also followed through with the SEQR review.
          Jeff Palumbo said they have provided all of the documentation requested up to this date in connection with the County approvals, the Health Department and the letter from the Town of Amherst. They have never been asked about the SEQR requirement until today.
          Councilman Bylewski said we are trying to get a better handle on the overall sewer issue. We want to have a better understanding of what we have control over regarding sewers, with other agencies getting involved in our Town planning processes.
          Supervisor Hallock said we had not questioned about any coordinated review because until 2 – 3 weeks ago we were not made aware of this expansion. If this increased the capacity into Clarence, why were we not made aware of it.
          Town Attorney Steven Bengart said several of them attended a meeting last Friday with the County Executive and they could not provide us information on whether there was a SEQR review done or not. They attempted to get that information.
          Supervisor Hallock said they met with the Commissioner of Environment and Planning and the Deputy Commissioner of Sewers and they could not tell us. We would like evidence of a SEQR review.
          Councilman Bylewski said the other issues are the 200 ft. from existing streets and the design. He thinks the 200 ft. applies to both roads, Clarence Center and Shimerville. He personally prefers the open space design, but the particular layout needs some work.
          Councilman Kolber said the conservation subdivision approach refers to preserving view sheds and clustering to buffer the appearance from the main roads. The sewer capacity is his other issue.
          Councilman Bylewski said the reference of conservation subdivision design says that having backyards of property butting up to a roadway is a failure of design. He believes the design needs some work.
          Jeff Palumbo said they are very familiar of the concept, but that is only one opinion. He asked how the Board feels about the plan with the frontage lots. Councilman Bylewski said he prefers the open space design as proposed, but it needs some more work. Mr. Palumbo said you cannot have a 200 ft. buffer on Shimerville and Clarence Center Roads and still have a project. It is financially impossible given the other requirements of the ordinance.
          Councilman Bylewski said our Subdivision Law says we can decide as a Town Board to pursue the open space design. The Master Plan dictates that we should preserve the rural character.
          Jeff Palumbo said he thinks the Planning Board should have made a recommendation to the Town Board. We are going back and forth. When clients are met with obstacles, they overcome them. In this case they created capacity. He does not understand what the SEQR issue is. What do you want the Town of Amherst to have done, that they have not done with respect to the SEQR. Councilman Bylewski said we want to know whether we were notified by the Town of Amherst through the appropriate SEQR process. We are trying to find out. In order to do our job and appropriately review this application, we need those questions answered.
          Jeff Palumbo said all you need to know is if there is capacity. Any other information you are looking for is to stop this development from happening.
          Councilman Weiss said that is not true according to the people we just met with from Erie County Sewer.
          Supervisor Hallock said we were not made aware of the activity west of Transit Road and it does affect the Town of Clarence beyond this subdivision. We do not know how it affects us and we should have been part of a coordinated review.
          Jeff Palumbo said what attempts have you made. Town Attorney Steven Bengart said we sat down with you today, as a courtesy, to provide you with this kind of information. If you want to ask questions, be reasonable about it and not accusatory.
          Jeff Palumbo said they have been reasonable and now he wants to know what specifically are you looking for from the Town of Amherst. Town Attorney Bengart said we want to know was there a review process. We expected to get that answer last Friday.
          Councilman Bylewski said we are looking for SEQR from Erie County Sewer Dist. No. 5 and the Town of Amherst regarding additional capacity. We have been left out of the loop with Erie County Sewer Dist. No. 5 on various projects.
          Jeff Palumbo asked if Vinecroft is in Sewer Dist. No. 6 and what did they go through. Supervisor Hallock said she does not know the answer, but the difference is the considerable construction done west of Transit Road recently that we were not made aware of.
          Councilman Kolber said we have a commercial applicant also in Sewer Dist. No. 6 who is told there is no capacity for one small building, yet there is capacity for a 50 unit subdivision. We hear one thing one day and another the next.
          Mr. Palumbo understands and they are also frustrated. His client met with all the agencies and came up with a plan through the Town of Amherst that created the additional capacity at a cost to them of $55,000.
          Councilman Kolber said so basically for $55,000 the Town was sold out of what capacity could be utilized for development that would have been in the Town’s best interest.
          Councilman Casilio asked who the partners were. Mr. Palumbo said he does not know if there were additional contributors in the Town of Amherst. Supervisor Hallock said we would like evidence of that coordinated review. Mr. Palumbo said what if there was no review? Town Attorney Steven Bengart said he does not know the answer to that yet.
          Councilman Bylewski said the issues are sewers, 200 ft. setbacks and the open space design. Mr. Bengart added that we talked today about in district vs. out-of-district, the fact that there is approval here and we believe that there may be a SEQR issue. Councilman Bylewski said do they have to come to the Town Board, acting as the commissioners of Sewer Dist. No. 6, to grant that approval. Mr. Bengart said the additional issue of whether it should go to TEQR to determine if there is an environmental impact based on the fact that there is in district open space that we have not taken care of and using up the capacity. It does not mean that there is capacity for the people intended to be in Sewer Dist. No. 5.
          Councilman Bylewski said the goal of Sewer Dist. No. 6 was to provide sewers to the Harris Hill area.
          Jeff Palumbo said why is this coming up now? We provided the letter you asked for. Mr. Palumbo said in regard to the 200 ft. rule, the law states the first lot in a subdivision. If the Board meant every lot, why does it not say that?
          Councilman Bylewski said there are differences in opinion regarding the interpretation. Mr. Palumbo said that does not help because they have been to the Planning Board and they refuse to make a decision.
          Supervisor Hallock said she agrees with him regarding the lots coming off of the public road only.
          Councilman Kolber said his opinion is that it is not to create the berms or the strip houses along side of it. His goal is to at least encourage open space subdivisions where the density is put to the middle of the parcel and the view shed is left preserved and houses are not backed up to public roads.
          Councilman Casilio said he thinks he understands the intent of the law. We do not want Loch Lea type berms along the side of the road.
          Councilman Weiss said he believes we should stick with the 200 ft. setback to achieve what Councilman Kolber has indicated. He does not want to change that.
          Jeff Palumbo said they have tried to come up with a plan that meets in the middle because he feels what may be created is the road frontage lots if it is insisted upon 200 ft. setbacks on both roads. It is not economically feasible. They came up with this plan as a compromise.
          Town Attorney Bengart suggested the thing to do if there is a question in the law, try to work on a plan that is a further compromise of this plan with the understanding that the law is probably going to change. If they are willing to sit down and work on something that is more than 70 ft., but not quite 200 ft., it might be worth it. Mr. Palumbo said they are willing to do that.
          Councilman Casilio said maybe he should not move forward due to the sewer issue.
          Jeff Palumbo said he is confident that the sewer issue will be resolved.
          James Callahan said is it a discretionary act of this Town Board to approve out-of-district sewer capacity within Sewer Dist. No. 6? Maybe the action should be to defer this issue of capacity and undertake an environmental review because you do not know the impacts within Sewer Dist. No. 5 of taking that capacity or the impacts on this community. There are huge environmental issues associated with the decision the Town Board has to make. It is beyond those 38 lots outside of Sewer Dist. No. 5 where this capacity should be targeted. It is a discretionary act that has to be reviewed at some point through SEQR by whoever is responsible or whoever is lead agency and it may be someone beyond both towns.
          Councilman Bylewski said should we refer this to TEQR now to get the process going or wait until we get some of these questions answered.
          Jeff Palumbo said he prefers referral to tabling. The main question he still has is that the Town created Sewer Dist. No. 6 with the County in 1998. Was the intent that it never be utilized? James Callahan said it is clear in the Master Plan that it is to service Harris Hill.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the Rubino Brother’s request for a recommendation as to subdivision design, interpretation of setback and determination on sewer extensions to service a proposed 36-lot subdivision at 8850 Clarence Center Road as it relates to sewers only regarding creation of a special district, existence of a special district, out-of-district customer to Erie County Sewer Dist. No. 5 out of Clarence Sewer Dist. No. 6 to the TEQR Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Ken Thompson requests a Minor Subdivision for two Residential building lots on Miland Road. James Callahan said the location is the east side of Miland Road, north of Salt Road consisting of approximately 7.4 acres zoned Agricultural.
          Ken Thompson said he is just trying to sell two lots.
          James Callahan said it does comply with the Minor Subdivision regulations and they have prepared an Environmental Assessment Short Form.
          Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law and after thorough review of the Environmental Assessment Form by the Planning Department and the Town Board, a Negative Declaration is issued for the Ken Thompson Minor Subdivision for two Residential building lots on Miland Road. This proposed action involves a two-lot Minor Subdivision in the Agricultural Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval to Ken Thompson for a Minor Subdivision for two Residential building lots on Miland Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Norm Castine requests Town Board Approval for a Residential Subdivision with Public Road Dedication at 7050 Goodrich Road. James Callahan said the property is located on the west side of Goodrich Road, north of Martin Road consisting of approximately 28 acres zoned Agricultural. The applicant is proposing a public road extension to service 12+ residential lots. The Planning Board has forwarded a recommendation to deny the request and proceed with a 5-lot open development as previously submitted.
          Norm Castine said he has discarded the open development plan.
          Councilman Bylewski asked Mr. Castine if he had an ownership interest in the property to the north. Mr. Castine said yes, it was part of the original. Councilman Bylewski asked if he knows what it will be used for. Mr. Castine said the person he bought the property with built his house on it. The original piece was 44 acres. Councilman Bylewski said the issue of impermissible segmentation came up and trying to get the whole project together for the review process. Mr. Castine said his original drawing had it separated.
          Councilman Bylewski asked Mr. Castine if he still would like a public road and he answered yes.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to deny the applicants request for a residential subdivision with a public road dedication at 7050 Goodrich Road as the extension of a public road in this subdivision would not serve the public benefit due to the fact that among other items, it would not help eliminate any traffic congestion issues nor create a connection and/or thoroughfare among existing streets. On the question, Councilman Bylewski said we should identify the issue that it was brought up regarding impermissible segmentation as a possible ground for denial. Mr. Castine asked why it is being brought up now when it was at the Planning Board. He said he separated it and brought in both surveys and the Planning Board accepted it. Councilman Bylewski said it was an issue that was brought up all along. There was a disagreement of opinion that Mr. Castine had and the Planning Board made this recommendation and the Town Board is now acting on the recommendation on the application as it stands today. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Mr. Castine asked if he could say something else. He sent the Supervisor a letter and asked for a yes or a no. He received a letter that did not say a yes or a no. He bought the property and went through every department and everything was okay and now the Town Board says they do not want a public road. You get a public road and you make money. Mr. Castine said are you aware of the tax money you would get. He spent a half a million dollars to bring a sewer from Transit Road a few years ago and he does not even get a thank you for that.

Roger Czarnecki requests a 4-Lot Minor Subdivision off Willow Lake Drive with two lots along Thompson Road and two lots along Willow Lake Drive. James Callahan said the property is located at the end of Willow Lake Drive between Thompson and Old Goodrich Roads consisting of approximately 14 acres zoned Residential Single Family.
          Don Hoffman was present representing the applicant.
          Councilman Bylewski asked why this is considered minor versus major subdivision. James Callahan said based on the fact that there is no extension of public infrastructure and utilizing existing road frontage, they can only do four lots in a three year period. Future divisions of the remaining parcel would be subject to Town Board approval.
          Councilman Bylewski said the notification policy for this project was followed, however, when the Town Board acts on a project that may be different than the initial application for the same property, it is good to have the extra notification to go out to the residents.
          Mr. Hoffman said he thinks the problem at the Planning Board was with the cul-de-sac and he believes that they thought it was going to be a major subdivision. They are now proposing not to build the cul-de-sac.
          Councilman Bylewski said his suggestion is to table the item for two weeks and give notification to those who attended the Planning Board meeting within the 500’ zone and any residents who may be impacted by this project.
          Supervisor Hallock said it would be a two week delay. She believes they would like to see that there is no impact. There may be happier neighbors if they realized that.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request for a 4-Lot Minor Subdivision off Willow Lake Drive with two lots along Thompson Road and two lots along Willow Lake Drive for two weeks. Upon roll call – Ayes: All; Noes: None. Motion carried.

Properties Unlimited requests a 3-Lot Minor Subdivision at Thompson Road and Greiner Road. James Callahan said the location is the southwest corner of Thompson and Greiner Roads consisting of approximately 3.5 acres zoned Residential Single Family. The Planning Board has forwarded a recommendation to proceed with the splits as proposed with the condition that the driveways are located as far from the intersection as possible and reviewed by the Town Engineer.
          Gary Jason was present. Councilman Bylewski said the applicant is in favor of the conditions that were stated. Mr. Jason said that is correct. Councilman Casilio added that regardless of a decision, there is a drainage problem with the one lot and Mr. Jason said he is aware of that.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved that the Clarence Town Board approves and grants the request of the applicant, Properties Unlimited for approval of a 3-Lot Residential Subdivision located at the southwest corner of Thompson and Greiner Roads subject to the following conditions: 1. Town Engineer to review and approve drainage plans of future homes. 2. Driveways are to be located as far from the intersection as practical.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Tim Krantz requests Concept Plan Review of a 6-Lot Open Development Area at 8960 Lapp Road. James Callahan said the location is the north side of Lapp Road, west of Heise Road consisting of approximately 55 acres zoned Agricultural Rural Residential.
          Don Swanson said they were here a month ago presenting a 15-lot subdivision on a public road to be known as Preservation Estates of Clarence.
          Mr. Swanson said they are here tonight to propose a 6-lot development with the exception of the preservation area to the north. They propose to split that area and combine it with proposed lots 3 and 4. He asks that the Board consider this plan as well as the previous plan, which Tim really had the desire to do.
          Mr. Swanson said the current plan includes a 66 ft. wide private road built to Town specifications in anticipation for the future if Mr. Krantz is able to acquire an adjacent parcel.
          Councilman Kolber said there was concern about the frontage on Lapp Road. James Callahan said it is up to the Town Board. The wording in the Open Development Law identifies that the approved frontage lots maintain the character of the open development. If they are 200’ or 165’, it still maintains the character. The intent of the open development might be achieved with this design. In regard to the concern with private roads, the only time we allow private roads is with an open development or open space design.
          Councilman Bylewski asked if open space design is allowed in this zoning classification. James Callahan said no because there are no sewers.
          Councilman Bylewski said he can understand the applicant’s point of view, and he likes the overall design; however, we are restricted by our Zoning Law and the Master Plan. He said the applicant can go forward if he would be willing to consider an open development area due to these issues.
          Councilman Casilio added that he believes it is a very unique design and it is too bad we do not have sewers.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to refer the request by Tim Krantz for Concept Plan Review of a 6-Lot Open Development Area at 8960 Lapp Road to the Planning Board. On the question, Councilman Bylewski said there is a concern regarding the frontage as it was mentioned. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Walk the Villages Program – May 20, 2006; B. Clarence Soccer Club – July 21, 2006; Legion Hall Applications - A. Clarence Log Cabin Quilters – May 9, 2006; B. Paul & Cheryl Hufnagel – July 30, 2006; C. Lucille Ess – Dec. 17, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of May 4, 2006 are approved for payment: General Fund - $49,871.26; Highway Fund - $13,620.18; Lighting Districts - $1,030.87; and Capital Fund - $34,891.60 for a total amount of $99,413.91. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Councilman Weiss said we should have fewer items on the agenda.

Steve Murtaugh said he thought that a public hearing was going to be set for the revisions to the Ethics Code. Supervisor Hallock apologized, she forgot to make that motion.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to set a Public Hearing for June 14, 2006 at 7:45 P.M. to consider revisions to Chapter 19, Code of Ethics of the Code of the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Gary Wright, Old Goodrich said in regard to the Heise/Brookhaven Sewer, it has been two years since the problems have been brought to the Town’s attention. He would like to know what they have done about it.
          Town Attorney Steven Bengart said this is the chance for the people to speak about issues. He does not believe it is a question and answer forum.
          Councilman Bylewski said we have stated that we have taken action and we have taken a look at various items. Based up our attorney’s advice, there is nothing further to add.
          Mr. Wright said he has a copy of a letter from the DEC, dated November 3, 2005 describing what the DEC has been doing. They issued an Order on Consent to be signed. They also described actions that the Town could take.
          Councilman Bylewski said the sewers are a big concern and we are doing everything within our ability to address the issues.

Steve Zillig, Old Goodrich Road said he is also concerned about the Heise/Brookhaven Sewer and the effects on the local homeowners. He sent a letter regarding his pond level going down. He has also been monitoring cracks in his basement. He knows that the DEC cited violations in this area. He appreciates what the Town has done, but would like to see a more aggressive approach taken to enforce the code issues if they are not installed properly. He would like to see what is happening with the groundwater in that area.
          Councilman Bylewski said he believes that they are doing more than a wait and see approach.
          Councilman Casilio said everything he said is not being ignored.

There being no further business, Supervisor Hallock adjourned the meeting at 10:25 P.M.

Nancy C. Metzger
Town Clerk