05/11/05


A Work Session of the Clarence Town Board was held on May 11, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:30 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, and Bernie Kolber. Councilman Weiss was absent. Other Town Officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, 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:

7:45 PM - Cliff Chadwell 9825 Main Street – requests a Special Exception Use Permit for automotive repair facility in the building behind the NYS police barracks on Main Street, the building is owned by Lou Visone. Rock Oak Estates back up to this building and several residents have voiced their concern regarding the appearance of the building and have suggested a berm. The owners of Rock Oaks are willing to provide the materials for the berm.

7:55 PM - New Hope Presbyterian Church 6969 Strickler Road – requests a building permit and architectural approval for construction of a 7,500 square foot addition to the existing church campus.

Review of Formal Agenda items:

Calvin Caruso 6705 Transit Road

Applicant requests a Special Exception Use Permit for development of a car wash. The Planning Board has failed to forward a recommendation on this proposal. The applicant is seeking approval without Planning Board recommendation. The Town Board failed to achieve a supermajority approval on the previous application, which included the existing home on the property remaining. The applicant is proposing the same layout as before with the elimination of the house and the driveway limiting the property to one curb cut.

Jim Liolis 4730 Thompson Road

Requests a fill permit for raising the grade of a residential property. The proposed site is located on the west side of Thompson Road, north of Sheridan Drive on 2.9 acres of vacant land in the Single-Family Residential Zone. The Town Engineer has forwarded a recommendation on this application. The source of the fill should be identified.

Thomas Willett 6045 Goodrich Road

Applicant requests a Change in Use from vacant to Tea Room/Gift Shop. The proposed site is located on the southeast corner of Goodrich Road and Maple Street in an existing vacant building located on .37 acres in the Traditional Neighborhood District. Applicant is proposing to rehabilitate the existing structure to be occupied by a tea room/gift shop. Adequate parking exists to accommodate the number of seats proposed. A Landscape Plan has been submitted indicating box planters to dress up the side of the building. There are several issues relative to the underground gas tanks. Director of Community Development James Callahan has requested that the applicant provide documentation and be prepared to answer any questions relative to the gas leak that took place at this site in 1986. Town Engineer Joseph Latona stated that there are no records on file saying this site was cleaned up properly. The tanks were filled and not removed. There should be testing indicating contamination levels in the ground.

Mike Horning 6031 Transit Road

Applicant requests a Peddler/Hawkers License (annual renewal) to operate a hot dog stand. Planning and Zoning have received complaints over the appearance and distractions at this stand. There have been issues of vehicle sales and vehicle displays that went beyond a Peddler/Hawkers License. The NYS Department of Transportation had issues with a light the applicant installed and has since taken down. It was suggested that a Temporary Conditional Permit be issued in place of a Peddler/Hawkers License.

Greenman-Pedersen, Inc.

Applicant requests Concept Plan approval for development of an Industrial Business Park on the north side of Roll Road, east of Harris Hill Road on vacant land consisting of 99.2 +/- acres in the Industrial Business Park Zone. Applicant is seeking approval to develop a public road to accommodate an Industrial Business Park. There are issues regarding segmentation and whether it is permissible or impermissible.

Charles Reid 6695 Transit Road

Requests a Change in Use, Building Permit and Architectural approval for construction of a pole barn for a fence business. The proposed site is located on the east side of Transit Road, south of County Road in a Major Arterial Zone. Applicant is seeking permission to convert the existing home to a fence store/office and construct a pole barn and relocate existing fence business to this property. The existing home will no longer be used as a residence. All setbacks and parking facilities are to code. Must be reviewed by the Landscape Committee and Building/Engineering Departments.

Paul Stephens 9015 Main Street

Requests a Special Event Permit to host a barn dance to benefit Meals on Wheels on June 9, 2005 from 5:00PM until 9:00 PM. They are anticipating between 150 – 200 people. Plenty of parking area exists to accommodate the event. The proposed site is located on the south side of Main Street, east of Shimerville Road.

Work Session items for May 25, 2005 meeting:

John Braddell 6660 Goodrich Road

Requests Concept Plan approval for development of an Industrial Business Park along the south side of County Road, west of Goodrich Road on a portion of land currently used as a sod farm. The property consists of approximately 63 acres in the Industrial Business Park Zone.

Meteor Enterprises – Gables on the Green

Requests Concept Plan approval for development of a 180-unit townhouse project including 50 single-family detached units. The proposed site is located on the north side of Jones Road, east of Ransom Road on vacant land consisting of 160+/- acres in the Agriculture Rural Residential Zone. The land was once a former quarry. PURD classification has been removed from the current zoning law and proposed use is in violation of the Rural Residential Zone. Per SEQRA findings statement, proposed use is not permissible due to reasons stated in the findings.

Arthur Fuerst 9450 Main Street

Request Concept Plan approval for development of a plaza and drive-thru coffee shop. The proposed site is located on the northwest corner of Main Street and Goodrich Road. The existing dry cleaners and existing home combined into one parcel containing 1.09 acres in the Commercial Zone. Applicant is seeking to combine parcels and develop a mini-plaza to house the dry cleaners plus other retail shops and develop a drive-thru coffee shop. Applicant is proposing to retain the existing home, which creates a violation of multiple uses. Also, drive-thru shop is too small to conform to the Commercial Zone. All uses could be acceptable if the house is removed and the coffee shop is attached to the principal structure.

John Odachowski 10510 Main Street

Requests a Change in Use from vacant to Omotion Personal Fitness Center. The proposed site is located on the north side of Main Street, east of Alexander Drive in existing vacant building (former post office) located on .49 acres in the Traditional Neighborhood District. Applicant is seeking permission to convert the existing building into a personal fitness center. There will be no significant change in the architectural style or site plan as proposed. There is an ongoing drainage problem that exists; there is a solution however it will require an easement from the adjoining property owner.

Ken Fetter 929 Sesh Road

Applicant requests a pond permit. The proposed site is located on the south side of Sesh Road, west of Goodrich Road on vacant land consisting of 35 acres in the Agriculture Flood Zone. All setback requirements are met. Town Engineer review and approval will be required. Applicant is proposing to utilize spoils to meet minimum grade requirement in the Flood Zone to develop a single-family home.

Kathy DeRose 5131 Kraus Road

Applicant requests Concept Plan approval for development of a 4-lot Open Development area. The proposed site is located on the east side of Kraus Road, south of Greiner Road on approximately 26 acres off an existing private drive. The Planning Board has forwarded a recommendation on the proposed concept.

Larry Jaipaul 10350 Main Street

Requests a Change in Use from vacant to Computer Electronics Research Group. The proposed site is located on the north side of Main Street, west of Hillcrest Drive on approximately 1.06 acres (former Coachman’s Inn) in the Traditional Neighborhood District. No significant changes to the existing structure are proposed. Adequate parking exists to service the proposed use.

Supervisor Kathleen Hallock

Supervisor Hallock will announce the two motions that were made at the May 4, 2005 morning Work Session relative to Clarence Girls Softball and the Hillcrest Sanitary Sewer Construction.

Supervisor Hallock will make a motion to hire an intern in the Engineering Department for the summer.

NYS Department of Labor and Erie Community College – Workforce Development are sponsoring “Re-Employment 2005 Job Fair.” The event will be held on Thursday, May 19, 2005 from 1-4PM at Erie Community College North Campus.

Mike Seamans, owner of the golf dome on Wehrle Drive has spent over $195,000. in netting and lighting at the golf dome. The lights are turned off at 10PM each night. He receives many complaints and has put a lot of money into remediation.

Supervisor Hallock has circulated a letter from Erie County regarding redesignating Al Festauti to the Erie County Environmental Management Council.

Supervisor Hallock will announce the receipt of a $27,974 grant from NYS Parks and Recreation for the town pool rehabilitation project.

The Town of Clarence received a $2,000 grant from Wal-Mart.

Highway Superintendent Ted Donner is recommending the establishment of a “No Parking Zone” on the west side of Sawmill Road from Main Street to the end of the Valley Inn Restaurant building. The signs will be installed by the highway department in accordance with NYS Manual of Uniform Traffic Control Devices. Parking at this location has been an on going problem for over ten years.

The Farmers Market is requesting Town Board approval to hang three 30” x 80” banners on the light poles in front of the parking lot.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Ian McPherson

The Senior Center Board of Directors voted to lower the minimum age to 55. They will change their by-laws, all documentation and forms where it references age 60.

Councilman McPherson will report on the meeting he had with the Town of Amherst regarding the sewer situation, there has been a lot of progress made.

Councilman McPherson will make a motion authorizing the Supervisor to sign the contract between the Town of Clarence and Accadia Site Contracting, Inc. for the Hillcrest Drive Sanitary Sewer Project.

Councilman McPherson requested that all Resolutions that are prepared ahead of time be handed out to everyone.

Councilman Scott Bylewski

Councilman Bylewski has received the Amherst Fire Alarm report for April 2005.

The Town has received the semi-annual check from Adelphia Cable for payment of franchise fees.

Councilman Bylewski will report on the number of building permits issued for the month of April.

Councilman Bylewski will announce the retirement of Kathy Tiffany.

Councilman Bylewski will announce the resignation of Lisa Bertino Beaser from the Youth Center Board.

A Youth Center Director will be appointed provisionally at a salary of $36,000. effective May 31, 2005.

Councilman Bylewski would like to move forward on the multi year budgeting program. A presentation was given at the May 4, 2005 morning Work Session. Supervisor Hallock stated that she did budget for it however she is still waiting to see the sample program she requested.

Councilman Bernie Kolber

The Recreation Department is recommending the hiring of recreation specialists, recreation attendants and lifeguards for the summer effective June 15, 2005.

The Zoning Board of Appeals has received the resignation of John Gatti effective June 13, 2005. John is moving out of town.

With John Gatti’s resignation, there is an opening on the ZBA with an expiration term of 12/31/2008. Applications will be accepted until June 15, 2005.

Upon recommendation of Highway Superintendent Ted Donner, Councilman Kolber will announce the bid awards for the wood mulch and leaf compost.

Upon recommendation of Highway Superintendent Ted Donner, Councilman Kolber will make a motion establishing a “No Parking Zone” on the west side of Sawmill Road from Main Street to the end of the Valley Inn Restaurant building.

The Historical Society is featuring a program on Orphan Trains: Traveling West To A New Life. The presentation will be give by Holly Cranham on May 26, 2005 at 6:45 P.M. in the Clubhouse.

The Historical Society building is still having a water leakage problem. They have submitted numerous work orders to the Parks Department but nothing has been done.

During the Main Street reconstruction project, several historical marker signs were taken down and have disappeared. The Historical Society has a master file indicating the number of makers and their placement. The Department of Transportation will be contacted to see if they know where the markers are and see about replacing them.

Town Attorney Steven Bengart

Town Attorney Bengart gave an update on the baseball association’s request to construct a building behind the former Water Department. Upon further investigation, Town Attorney Bengart does not think it can be done however; he is still reviewing the facts and gathering information. There may be a prevailing wage issue; he is waiting to hear back from the Bureau of Public Works. In speaking with the Association of Towns attorneys, they believe that this being a recreational facility could trigger it becoming parkland and therefore require state legislation.

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

There being no further business, the Work Session adjourned at 7:22 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:42 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, May 11, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:47 P.M. Councilman Ian McPherson led in the pledge to the flag, followed by a prayer given by Pastor Dave Hill of Eastern Hills Wesleyan Church.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Bernard Kolber and Supervisor Hallock. Absent was Councilman Joseph Weiss. 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 Bylewski to accept the minutes of the previous meeting held April 27, 2005. On the question, Councilman Bylewski had a correction on page 143 – “The lead agency would issue a negative declaration, not a DND…”, should be CND. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson to accept the minutes of the previous meeting held May 4, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to re-designate Al Festauiti as the Town of Clarence representative to the Erie County Environmental Management Council for a two-year term expiring May 31, 2007. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
     WHEREAS, many municipalities, including cities, counties, towns and villages are facing challenging budgets annually, due to health and pension costs that have been escalating at five times the rate of inflation for several years; and
     WHEREAS, municipalities must come to terms with these escalating costs and develop reform and change, on a long term basis, that will lessen the burden of these ever increasing costs; and
     WHEREAS, we believe we can start that process by recommending a change in the present pension system, whether it be the establishment of another tier less that is less lucrative and not a defined benefit plan, or an amendment of previous tiers; and
     WHEREAS, the fiscal impact would be of major assistance to municipal governments. Now therefore, be it
     RESOLVED, that all municipal workers continue to contribute to their pensions for their entire career and be it further
     RESOLVED, that a copy of this resolution be sent to Governor George Pataki, Senate Majority Leader Joseph Bruno, Senator Mary Lou Rath, Assembly Speaker Sheldon Silver, Assemblywoman Sandra Lee Wirth, the Property Tax Reform Task Force in care of Jeffrey Haber, Executive Director of the Association of Town of the State of New York and Supervisors of the towns in Erie County.
     Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to hire Jonathon Burgio as the part-time intern for the Engineering Department at the budgeted rate of $10.61 per hour starting May 23, 2005. On the question, Supervisor Hallock said this employee did work part time last summer. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber that upon recommendation of Parks Crew Chief John Burns, Ray Somers be promoted to Auto Mechanic 2nd Step effective May 21, 2005 at the budgeted rate of pay. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Supervisor Hallock reported that at the Work Session held last week, the Town Board granted permission to the Clarence Girls Softball League to place a Coke concession trailer and Coke machine to assist in fundraising for the Girls Softball League at the Main Street Park facility. The trailer will be placed on May 14 and removed on August 16, 2005. The approval was subject to Town Attorney approval and receipt of the proper insurance certificates.

Supervisor Hallock reported that at the Work Session held last week, the Town Board awarded the Sanitary Sewer Construction Project to serve Hillcrest Drive and the Sister’s of St. Joseph to Accadia Site Contracting, Inc. the lowest responsible bidder at their bid of $398,812.00.

Supervisor Hallock announced that we received notice from the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation that we were successful in our grant application. We were awarded $27,974 for the Clarence Town Pool Rehabilitation project that was completed last year.

Supervisor Hallock announced that the Town received a check for $2,000 today from Wal-Mart. She attended the grand opening of the new Super Store. We will probably use the money for amenities for the bike path. The project manager at Wal-Mart stressed how pleasant it was working with the Town employees and particularly praised the Building Department, Planning Department and Engineering Department. Supervisor Hallock thanked these departments for representing the Town so well.

Supervisor Hallock announced that there will be a “Re-Employment 2005” Job Fair taking place on Thursday, May 19, 2005 from 1 – 4 P.M. at the Erie Community College North Campus.

Motion by Councilman McPherson, seconded by Councilman Bylewski to authorize Supervisor Kathleen E. Hallock to sign the contract between the Town of Clarence and Accadia Site Contracting, Inc. for the Hillcrest Drive Sanitary Sewer Project subject to Town Attorney review and approval of the contract. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock to grant permission for the Farmer’s Market to place banners on the light poles in front of the parking lot of the new location per the diagram. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman McPherson announced that at the Senior Center meeting held May 6, 2005, the Board of Directors voted to reduce the minimum age for membership from 60 to 55. All documentation will be amended. They encourage anyone 55 and older to look into joining.

Councilman McPherson said he attended a meeting with the Town of Amherst and Erie County regarding our ongoing sewer bill problem. There have been efforts to establish a billing formula to have fair and equitable charges for our sewage treatment. We received a draft of the agreement, which has been turned over to our Town Attorney for his review. The only ingredient missing is the percentage that we will use of the actual itemization of the charges. There is a request to extend the deadline to July 31, 2005 to give Amherst time to come up with that figure. We will then apply that formula to the bills going back to 1991 and put this behind us once and for all.

Councilman McPherson reported on some law enforcement that took place and he was personally involved. His car was broken into in his driveway with some minor items taken. He applauded the efforts of the State Police and in particular, Trooper Ensminger who within two days had the culprit and retrieved several stolen items. It is gratifying to have the professionalism of the law enforcement people who serve this community. He is grateful for the State Police and the Sheriff’s for all of their efforts.
     Supervisor Hallock added that the law enforcement agencies would like people to make sure that they report any incidences.
     Councilman McPherson also thanked the Supervisor’s secretary Karen Jurek and her family.

Councilman Bylewski received the Central Fire Alarm April 2005 Operations Report. Clarence fire companies responded to the following: 9 – Structure Fires; 1 – Motor Vehicle Fire; 9 – Miscellaneous Fires; 94 – EMS Calls; 11 – Motor Vehicle Accidents; and 30 – Miscellaneous Calls for total of 154 alarms.

Councilman Bylewski reported that we received a check in the amount of $37,432.25 from Adelphia representing the franchise fees for the period of October 2004 to December 2004 based on 3% of their revenues.
     A communication was also received regarding the sale of Adelphia to Time Warner, Inc. It is expected that the sale will be completed in approximately nine to twelve months. Adelphia will continue to operate as an independent company providing cable service to the Town of Clarence.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint the following as members of the Planning Board: George VanNest with term to expire 12/31/2011; Philip Sgamma with term to expire 12/31/2008 and alternate Gerald Drinkard with term to expire 12/31/05. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson to appoint Richard Bigler as a member of the Municipal Review Committee to fill the term vacated by Philip Sgamma. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Matthew Balling as Chairman of the Municipal Review Committee. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Bylewski reported that during April, 13 building permits were issued in subdivisions and 3 outside for a total of 16 for the month. The 2005 year-to-date are 28 in subdivisions and 11 outside. The 2004 year-to-date for the same time period were 41 inside subdivisions and 13 outside. Building is continuing while we are under the moratorium.

Councilman Bylewski referred to James Callahan for the 26th update of the action items while we are under the moratorium.
     James Callahan reported the following:
     Subdivision Law – Planning & Zoning Department is continuing to work on Draft 4; hope to have distributed to Planning Board for the meeting of 5/18/05.
     Adequate Public Facilities Law –has been reviewed by Planning & Zoning Department and School Superintendent; consultant is working on a revised draft to be ready by next meeting.
     Parks & Recreation Master Plan – consultants analyzing the long term needs.
     Landscape Law & Tree Law – comments have been received on the rough drafts. Planning & Zoning working on draft.
     A work session of the Planning Board is being held tomorrow night to review the draft of the Subdivision Law and a presentation on community likes and dislikes.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to accept, with regret, the retirement date of Kathryn Tiffany from the Planning and Zoning Department effective June 17, 2005. On the question, Councilman Bylewski said Kathy’s friendly manner will be missed from that office. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that upon recommendation of Director of Community Development James Callahan, Christine Pfund be appointed to fill the position of Senior Clerk Typist in the Planning and Zoning Office. Christine will be appointed Clerk Part-Time from May 23 to June 3 at the budgeted rate of pay and officially fill the position of Senior Clerk Typist on June 6, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that upon recommendation by the Planning Board, a Negative Declaration is issued on the proposed redevelopment of Clarence Mall located at 4401 Transit Road. This Unlisted Action involves the demolition of a portion of the existing mall area and reconstruction and redevelopment with outparcels per the submittal forwarded by Benchmark Group. After thorough review by the Planning Board and Town Board of the submitted Site Plan and Environmental Assessment Form (EAF), it is determined that the proposed action is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to accept, with regret, the resignation of Lisa Bertino Beaser from the Board of Directors of the Clarence Youth Center effective immediately. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Bylewski said we will be accepting applications for the Youth Center Board through June 15, 2005 for anyone interested.

Councilman Bylewski said we have been looking at redeveloping how we deal with youth in the Town. The position of Youth Center Director has been created according to Civil Service. Interviews have taken place along with background checks, etc.
     Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Dawn Kinney to the position of Youth Center Director Provisional with salary set at $36,000 per year effective May 31, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski that upon recommendation by Howard Johnt and Clifford Trapper, the following be hired for summer recreation effective June 15, 2005: Lifeguards – R. Scott Beebe, April Regar, Amber Regar, Alexandra Fasula, Lauren Creighton, Ellen Witoff, Nicole Bzibziak, Tara Schneider, Drew Crawford, Jack Tangeman, Jocelyn Hohman, Averi Marciano and Stacie Karl; Recreation Specialists – James Ferguson, Erin Priebe, Greg Riggio and Trevor White; Recreation Attendants – Sara Beth Fischer, Jennifer Hardy, Colleen Hawkes, Rebecca Hilton, David Levan, Matthew Riggio, Max Sicherman and Paul Zoratti. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to accept, with regret, the resignation of John Gatti as a member of the Town of Clarence Zoning Board of Appeals effective following the June 12, 2005 meeting. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Kolber said we will accept applications to fill the term on the Zoning Board of Appeals to expire 12/31/2008, through June 15, 2005.

Motion by Councilman Kolber, seconded by Councilman McPherson to award the bid for the purchase and removal of 4,400 cubic yards of wood mulch from the site on Sheridan Drive to Titan Development Company at their bid of $1.35 per cubic yard. Titan must pay the entire cost to the Town Clerk with insurance certification before any material is removed. Titan will be allowed 90 days to remove all material. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to award the bid for the purchase and removal of 6,700 cubic yards of leaf compost from the Sheridan Drive site to C. J. Krantz Topsoil Inc. at their bid of $2.00 per cubic yard. C. J. Krantz Topsoil Inc. must pay the entire cost to the Town Clerk with insurance certification before any material is removed. C. J. Krantz Topsoil Inc. will be allowed 90 days to remove all material. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock that upon recommendation by Highway Supt. Ted Donner, a “No Parking Zone” is established on the west side of Sawmill Road from Main Street to the end of the Valley Inn Restaurant building. The “No Parking” signs will be installed by the Town of Clarence Highway Department in accordance with the New York State Manual of Uniform Traffic Control Devices. On the question, Councilman Kolber said parking at this location has been an ongoing problem for over 10 years. There is not enough room for any form of safe parking, which creates limited site distance problems. Supervisor Hallock said Supt. Donner will work with the owner of the property to gain as many parking spaces as possible along the bike path and another nearby parking lot. Upon roll call – Ayes: Councilmembers Kolber, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Kolber said the Historical Society has notified him that a number of the Historical Markers have disappeared since the Main Street Reconstruction Project began. They do not know if they are being stored by someone, or what has happened to them. He would like to ask the Highway Department to contact the DOT to see if they know anything about them. They were expensive to put in. If they do not know where they are, maybe we can get some money from the State to replace them.

Councilman Kolber said the Historical Society is hosting a “Dessert and Coffee Evening” May 26, 2005 at 6:45 P.M. featuring a program on Orphan Trains Traveling West to a New Life presented by Holly Cranham. The cost is $5.00.

Department Reports

Joseph Latona, Town Engineer said he wishes to notify the Town Board and the public that the Town of Clarence Stormwater Management Program Annual Report for 2004 will be available in the Town Clerk’s Office on June 1, 2005 for viewing. This report is required as part of the EPA Stormwater Phase II Regulations, which will go into full effect in 2008.

Public Participation

Barbara Latona, 6039 Goodrich Road spoke to agenda item #15. This property has been neglected and vacant for the past ten years. She currently lives next store and certainly welcomes a new business to the neighborhood. However, she requests that nothing be approved until past issues regarding this property are resolved and future concerns are addressed as follows: 1. Approval by the Landscape Committee. 2. Final sign off by the DEC or appropriate agency regarding a gasoline leak of approximately 300 gallons from a storage tank in the mid 1980’s. Soil testing is necessary as grass and ground cover will not grow on the southern boundary. 3. Removal of the storage shed and all debris from south side of building. Reid Petroleum owns the shed, which is partly on her property. It is decayed, rotted and houses skunks. Reid has made promises going back to the previous owner that have not materialized. 4. A fence be installed along the entire south property line to buffer the rear of the existing restaurant, dumpster area and sump pump drainage pool. She requests that it be the highest fence allowed by code and be the same type and style as the fence on the east border.

Joyce Bakowski, 5640 Davison Road said that on behalf of the Clarence Chamber of Commerce, they would like to express their support for each of the business initiatives on the agenda tonight specifically items 11, 12, 13, 15, 17, 18 and 19.

Melissa Thore, 8070 Stahley Rd. spoke regarding item #20 asking that the Town Board stand true to the Master Plan. It states that we would like to maintain and promote the historical character of Swormville. She understands that the goal of the church is to demolish some of the existing buildings, which she believes have historical significance. Amherst and Clarence have similar beliefs in the character of the area. The church is proposing a 110-car parking lot across from her home, which will pose environmental impacts. It is her understanding that the building is being treated as a residential rebuild that does not require environmental impact studies. She already cannot back out of her driveway after services. Mrs. Thore asks that this project is not rushed through and that it is treated like every other project and goes through the proper process.

A Public Hearing was held to consider the request for a Special Exception Use Permit for an automotive repair facility at 9825 Main Street. James Callahan said the location is the south side of Main Street, west of Kraus Road consisting of approximately 2.7 acres in the Commercial Zone. The operation is moving from Main and Sheridan.
     Cliff Chadwell and Lucian Visone, 8575 Merrihurst Dr. were present. Supervisor Hallock asked if there would be any clean up of the back of the property. Mr. Visone said some of the debris is not on his property and it does not belong to him. Supervisor Hallock asked about outside storage of vehicles.
     Mr. Visone said he will clean up anything that is not licensed. The applicant is not occupying the whole building and will not have much outside storage at all, except for vehicles being dropped off or picked up. Mr. Visone said his property is all paved. Councilman Bylewski said all parts and equipment must be stored in an enclosed building. The Zoning Law states that there must be screening from residential uses. James Callahan said at this point there is no structure within 200 ft. of this structure.
     Supervisor Hallock said there was an issue with the sign that says “no trespassing”. Mr. Visone said he put the sign there and he will remove it.
     With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.
     Motion by Supervisor Hallock, seconded by Councilman McPherson to grant the request for a Special Exception Use Permit for an automotive repair facility at 9825 Main Street. On the question, Councilman Kolber said the approval is with the limit of five vehicles for outside storage in the paved area. Councilman Bylewski added that all junk waste, discarded parts, etc. as a result of servicing motor vehicles, equipment, etc. be stored within an enclosed structure and outdoor lighting not be directed toward adjacent properties, as stated in the Zoning Law. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a 7,500 sq. ft. addition to the existing church campus at 6969 Strickler Road. James Callahan said the property is on the east side of Strickler Road, north of County Road consisting of 57+ acres in the Rural Residential Zone. A Special Exception Use Permit is required as the overall size of the structure will exceed 10,000 sq. ft.
     John Kausner and the architect were present. Mr. Kausner said the proposal is for a 9,000 sq. ft. addition. The building will be a steel structure, which you cannot see from the street.
     With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.
     Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Special Exception Use Permit for a 9,000 sq. ft. addition to the existing church campus at 6969 Strickler Road. On the question, Councilman McPherson said he had an early involvement in this project, so he will not participate.
     Motion by Councilman Bylewski, seconded by Supervisor Hallock to table decision until the next meeting on the request for a Special Exception Use Permit for a 9,000 sq. ft. addition to the existing church campus at 6969 Strickler Road because it requires a supermajority vote of the Town Board. On the question, Councilman Bylewski asked that they bring an architectural drawing to the next meeting. Supervisor Hallock said approval requires four votes. Upon roll call – Ayes: All; Noes: None. Recuse: Councilman McPherson. Absent: Councilman Joseph Weiss. Motion carried.

Calvin Caruso requests a Special Exception Use Permit for development of a car wash at 6705 Transit Road. James Callahan said the location is the east side of Transit Road, south of County Road consisting 3.3 acres with Major Arterial on the frontage. The Public Hearing was held March 23, 2005. The Town Board failed a supermajority vote on the previous application, which included the existing home on the property remaining. The applicant submitted a redesign, eliminating the existing home and driveway.
     Jeff Palumbo representing the applicant was present. They have eliminated the single-family residence from the proposal and the remainder of the site is the same. The project is for a 4,600 sq. ft. tunnel car wash facility. The site consists of 3.3 acres with 8 parking spaces and room for stacking 50 cars. There will not be any gas pumps. They have discussed using the existing structure for a commercial use, rather than losing a structure worth about $150,000.
     Councilman Bylewski said one of his concerns is that we now require a 45 ft. greenbelt between Major Arterial use and Residential structures. He is more inclined to seeing the structure used as commercial, but would like to see one curb cut. Mr. Palumbo said they agree.
     Councilman Kolber said he has a problem taking down a completely good structure. Councilman McPherson added that he thinks the whole thing is ridiculous.
     Motion by Councilman Kolber, seconded by Councilman McPherson to adopt the following resolution:

Resolved, that after a public hearing duly held on March 23, 2005, and after all interested parties being heard, the Clarence Town Board approves and grants to the applicant, Calvin Caruso, a Special Exception Use Permit for the construction of a car wash facility at 6705 Transit Road. This does not mandate that the existing structure on the property be taken down or be removed, but used for commercial purposes only.
     On the question, Supervisor Hallock asked if that was sufficient and Town Attorney Bengart said that is up to the Town Board. The only question is if it for commercial purposes only? Councilman Bylewski said whatever uses would be allowed under the Major Arterial zoning. He said there are many laws that are not popular, but it is up to the Town Board to interpret and enforce them. What would our recourse be if he building did not comply? Jeff Palumbo said it would be the same as any other use, a notice of violation would be issued and they would go through the court system. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Jim Liolis requests a Fill Permit for raising the grade of a residential property at 4730 Thompson. James Callahan said the location is the west side of Thompson Rd., north of Sheridan Drive consisting vacant land.
     Jim Liolis was present. Councilman Bylewski asked where the fill would be coming from. Mr. Liolis said he does not have a source at this time. Councilman McPherson said when he does, he must notify the Town Engineer’s office.
     Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Fill Permit for raising the grade of a residential property at 4730 Thompson Road. On the question, Councilman Bylewski said prior to moving any fill, he must seek Town Engineer approval. Councilman Kolber said for the record, he owns property across the street, but according to the Town Attorney there is no conflict of interest. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Thomas Willett requests a Change-In-Use from vacant to tea room/gift shop at 6045 Goodrich Rd. James Callahan said the location is on the east side of Goodrich Rd., and the south side of Maple St. consisting of approximately .37 acres in the Traditional Neighborhood District.
     Thomas Willett, representing the property owner and the shop owner were present. Mr. Willett said they propose extensive renovations to the inside and outside of the building. Supervisor Hallock asked about the outside shed? It has been their intention to remove the shed. The environmental concerns are new to him this evening and he does not believe that there are any outstanding issues. He will review the records. He is not prepared to address it tonight.
     Supervisor Hallock said due to the seriousness of the problems, there should be some resolution. Councilman McPherson said they were told that Mr. Willett was told about the issue and that he would be prepared to address it. James Callahan said he personally talked to him about it and told him that we would like to see it addressed.
     James Callahan said the Landscape Committee did a preliminary review and had a number of items that should be addressed. They would like to see the fence revised and some planter boxes installed.
     Councilman McPherson said we have had a number of issues brought up and it was mentioned that there was representations made in the past that the shed would be removed and then it was not. Mr. Willett said that as this project moves forward they will be taken care of.
     Motion by Councilman Kolber, seconded by Councilman Bylewski to table decision on the request a Change-In-Use from vacant to tea room/gift shop at 6045 Goodrich Rd. until we receive adequate information from the DEC regarding the gasoline spill. On the question, Councilman McPherson said that since all of these things would have to be done prior to the tenant occupying the building, tabling this is just an unnecessary delay. The applicant asked if there was any way to approve this with the stipulation that these things will be taken care of. Councilman Kolber said most of the things are minor, but the gas spill is not. Town Attorney Bengart said he would hate to see it moved forward and remedial work was involved. Councilman McPherson said it will happen anyway. Upon roll call – Ayes: Councilmembers Kolber, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski to table the request by Mike Horning for a Peddler/Hawker License to operate a hot dog stand at 6031 Transit Road as the applicant could not make it tonight. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Greenman-Pedersen, Inc. requests Concept Plan Approval for development of an Industrial Business Park on the north side of Roll Road, east of Harris Hill Road. James Callahan said the property consists of 99.2 +/- acres in the Industrial Business Park Zone.
     Dominic Piestrak was present. Councilman Bylewski said this includes a public road dead-ending into another parcel. He asked what the plans are for the other parcel? Mr. Piestrak said they have an option for purchase to continue another phase of the project if it is successful. Supervisor Hallock asked if it was possible to extend to Clarence Center Road? James Callahan said there is an option on a piece of land bordering this piece that is proposed for housing. It has not been formally submitted. Supervisor Hallock said we do not have many opportunities to add roads. Councilman Bylewski said he would like to see the options looked at through the process.
     Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request for Concept Plan Approval for development of an Industrial Business Park on the north side of Roll Road, east of Harris Hill Road to the Planning Board for consideration. Segmentation and the public road are issues to be discussed. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Charles Reid requests a Building Permit and Architectural Approval for construction of a pole barn for a fence business at 6695 Transit Road. James Callahan said the location is the east side of Transit Road, south of County Road consisting of 3.3 acres in the Major Arterial Zone. Applicant is seeking relocation of business and construction of a warehouse facility.
     Charles Reid said he would like to put up a large pole barn and add more parking.
     Motion by Supervisor Hallock, seconded by Councilman Kolber to refer the request for a Building Permit and Architectural Approval for construction of a pole barn for fence business at 6695 Transit Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Paul Stephens requests a Special Event Permit for a barn dance for Meals on Wheels at 9015 Main Street. James Callahan said the property consists of 45+ acres with an existing barn. They are seeking approval for June 9, 2005 from 5pm to 9pm.
     Paul Stephens and Noel Dill were present. Mr. Dill said the event is a barn dance with proceeds to go to Meals on Wheels. They have plenty of off-road parking. The event will actually be behind the barn. They plan on 150 to 250 people to attend.
     Motion by Councilman Kolber, seconded by Councilman McPherson to grant approval for a Special Event Permit for a barn dance for Meals on Wheels at 9015 Main Street on June 9, 2005 from 5pm to 9pm. On the question, Councilman Bylewski asked if they will have sanitary facilities available. Mr. Dill said they will. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Kathleen Daigler, 8055 Stahley Rd. said St. Mary’s is planning a $6.6 million church that faces the residential area on Stahley Road. They are very concerned about the traffic. People already cut through this area to Transit Road. It is impossible to get out of their driveway. They were told at the last parish council meeting that the Town will be looking at this as a residential build. She feels this large of a project in a small residential area is a bit much for them. The plan also has a 110-car parking lot right behind her property. Increased traffic, noise, drainage issues, etc. every Sunday from 7am until 9pm is outrageous to this little community. The council and planning committee seems to think that they should lie down and roll over because they want to expand.
     Ms. Daigler said there is property available that faces Transit Road. She asks the Town to suggest they look into that. They mentioned in one of the meetings that the Town asked them not to put traffic out onto Transit Road because that area is only a two-lane highway. If Transit Road cannot handle 200 cars in and out for each service, how can Stahley Road. They said the Town asked them to look at property going onto County Road and they do not want to buy any property. Ms. Daigler said they have all been longstanding residents of the community and they want to be heard. The neighborhood was never notified when the school expanded. They want to continue to live comfortably. As it is, their children can no longer ride their bikes along Stahley Road. The Sheriff’s Department and State Police have been called and no one comes out. They do not want this traffic. If they are allowed to build, she is asking that they be required to build the largest earth berm possible around the three sides of their property. Ms. Daigler said her ancestors built the church and they do not want to have to move.
     Councilman Kolber said this is the first time he has heard any of this. Supervisor Hallock said the project has not been before any committee of the Town. Ms. Daigler said she is on the parish committee and they are saying that they are talking to the Town and the Town is considering this as a residential build. The former Supervisor is on the committee and they are wondering where he is getting his information. Supervisor Hallock said the Town has not spoke to them and Ms. Daigler’s comments will be recorded.

Motion by Councilman Kolber, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications – A. Clarence Conservative Committee – May 24, 2005; and B. ROHA – June 30, July 28, Aug. 25, Sept. 29, Oct. 27 & Nov. 29, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of May 5, 2005 are approved for payment: General Fund - $83,054.17; Highway Fund - $31,340.85; Water District - $33,168.88; Lighting Districts - $1,042.88; Sewer Districts - $180.14; Capital Fund - $9,395.41; Special Revenue - $1,065.20; Trust & Agency 202 - $1,393.69; and Trust & Agency 203 - $1,874.22 for a total amount of $162,515.44. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

“For the Good of the Town”

Linda Liberto, Clarence Center Road said the zoning on her house was changed and she was never notified. She feels that as a taxpayer, she has the right to be notified personally. She was told that to get that reversed she would have to pay for a lawyer. She talked to several people and she is very upset and dissatisfied at the way the Board treats people here. The news media is here because they could not believe the way she was treated. Mrs. Liberto wants her property changed back and if she has to hire an attorney, she will sue the Town to recoup the costs.
     Councilman McPherson said there have been other people who have voiced the same concerns about zoning changes without notification or approval of the homeowner. He agrees with her 100%. A property owner should be able to plead their case prior to any change.
     Linda Liberto said she bought the house less than a year ago and she expects it to go back to Agricultural. If this was in the planning for three years, people should have been notified. She may not have bought that property.

There being no further business, Supervisor Hallock adjourned the meeting at 9:35 P.M.

Nancy C. Metzger
Town Clerk