05/25/05


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, May 25, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:45 P.M. Councilman Scott Bylewski led in the pledge to the flag, followed by a prayer given by a representative from Eastern Hills Wesleyan Church.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Assessor David Folger, 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 meetings held May 11, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
      Resolved, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted May 25, 2005, authorizing the construction of a bike path and related improvements in connection with the “Rails to Trails” program, stating the estimated maximum cost thereof is $469,000, appropriating said amount therefor, and authorizing the issuance of $469,000 serial bonds of said Town to finance said appropriation, subject to a permissive referendum.
      A complete copy of the text of the said resolution will be available in the office of the Town Clerk.
      On the question, Supervisor Hallock said this is a project we have been working on for a number of years. This will complete the Peanut Line bike path. 80% of this money will be reimbursable by Federal monies. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
      Resolved that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted May 25, 2005, authorizing the construction and reconstruction of bike paths in the Town, stating the estimated maximum cost thereof is $100,000, appropriating said amount therefor, and authorizing the issuance of $100,000 serial bonds of said town to finance said appropriation, subject to a permissive referendum.
      A complete copy of the text of the said resolution will be available in the office of the Town Clerk.
      On the question, Councilman Bylewski asked if this is the first of the capital improvements? Supervisor Hallock said yes and this is for completion of the West Shore Line, bridge over Ransom Road, the bike path from the Town Park to Ransom Road and then Ransom Road to Sawmill Road. Upon roll call – Ayes: All; Noes: None. Motion carried.
      Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
      Bond Resolution of the Town of Clarence, New York, adopted May 25, 2005, authorizing the acquisition of equipment for use by the Parks Department, stating the estimated maximum cost thereof is $206,000, appropriating said amount therefor, and authorizing the issuance of $206,000 serial bonds of said Town to finance said appropriation, subject to a permissive referendum.
      A complete copy of the text of the said resolution will be available in the office of the Town Clerk.
      On the question, Councilman Bylewski said this is as set forth in the Capital Improvements Fund. Supervisor Hallock added that this is for the Parks Department equipment acquisition for 2005 and 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
      Resolved, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted May 25, 2005, authorizing the acquisition and installation of emergency generators, stating the estimated maximum cost thereof is $123,000, appropriating said amount therefor, and authorizing the issuance of $123,000 serial bonds of said Town to finance said appropriation, subject to a permissive referendum
      A complete copy of the text of the said resolution will be available in the office of the Town Clerk.
      On the question, Councilman Bylewski said this is as set forth in the Capital Improvements Fund. Supervisor Hallock added that this is for a generator for the Highway Department, Fuel Farm and Building/Engineering Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
      Resolved, that the Clarence Town Board hereby establishes, nunc pro tunc, an Arboretum Committee to oversee the design and development of the Town of Clarence Arboretum situated on the property located at One Town Place and appoints as members of the Committee the following who shall serve for a term of one year retroactive from January 1, 2004: Stephen Murtaugh, Roy McCready, Todd Norris, Mark Legg, Richard Steger, Elaine Wolfe, Joseph Latona, James Burkard, Timothy Lavocat and Martin Root.
      On the question, Supervisor Hallock said nunc pro tunc means that as of a specified it was done, but should have been done on a specified date. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant approval for a Block Party to be held July 2, 2005 at 9139 Via Cimato Drive from 4:00 P.M. until Midnight including an acoustic guitar performer with amplified sound to perform between 5:00 P.M. and 11:00 P.M. On the question, Supervisor Hallock said the proper authorities will be notified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant approval for a Block Party to be held July 9, 2005 at 6370 Lakemont Court from 4:00 P.M. with a DJ and Karaoke until 11:00 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfers of funds: $6,500 from A 7310.435 Special Programs, $15,000 from A 3620.1 Personal Services, and $500 from A 1220.470 Travel to: $21,000 to A 7310.1 Personal services and $500 to A 7310.470 Travel. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock read a letter from Fran Dickman, Deputy Tax Receiver in the Town Clerk’s Office of her intention to retire from her full time position effective July 1, 2005. She has enjoyed her employment in the Tax Receiver’s Office and Town Clerk’s Office.

Motion by Councilman McPherson, seconded by Councilman Bylewski to adopt the following resolution:
      Resolved, that the Clarence Town Board establishes the Clarence Hollow Community Character Protection Board to provide review authority over projects contemplated in the Clarence Hollow Traditional Neighborhood District and appoints the following members to serve the remainder of 2005 and thereafter appointments to be made on an annual basis at the Organizational meeting: David Brace, William Henderson, Doug Larkin, Robert Lenz and Phillip Sgamma.
      On the question, Councilman McPherson said the creation of this board is spelled out in our new Zoning Law. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock to grant permission to Susan Rybarczyk for the first annual Brian Rybarczyk 5K Run/Walk on Saturday, August 27, 2005 at 9:00 A.M. to benefit the Brian Rybarczyk Memorial Research Fund in partnership with the Sarcoma Foundation of America. The goal is to raise $25,000 to sponsor a research grant to fight angiosarcoma, a rare form of cancer. The run/walk will take place from the Clarence Mall, to Sheridan Drive, to Hedgewood, to Main Street and back to the Clarence Mall. They will be fully insured and are speaking with Harris Hill Fire Company for medical assistance and traffic control. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson forwarded a request from the Spaulding Lake Homeowners Association for a proposed signage plan to the Traffic Safety Board for review.

Councilman McPherson said we received a request from the Clarence Hollow Association to contact the NYS DOT about possibly reducing the speed on Main Street in the Hollow from 40 to 35 MPH.

Councilman McPherson said every year people raise concerns about the blasting by Buffalo Crushed Stone. He spoke with the public relations person and was told that they have installed a gage system to measure the impact of every blast and they record those figures. Councilman McPherson turned over the names of a few people who had questions and they will be contacted directly by Buffalo Crushed Stone.

Councilman McPherson received a copy of a letter sent to Linda Liberto, Clarence Center Road stating that the her property is in the Clarence Center Traditional Neighborhood District and the Town of Clarence Residential Single-Family zoning classification. The previous zoning was Agricultural and it has been identified that a customary agricultural operation existed prior to adoption of the new Zoning Law. The pre-existing customary agricultural operation provides the owner with full rights to the Agricultural Zone.
      Councilman McPherson asked if all of the other people that were impacted by this situation notified? Mr. Callahan said those in a similar situation, as far as he is aware of, have been given the same notification. It is stated within the law itself.

Councilman Bylewski said we received the Notice of Adjournment of Section 341 Meeting of Creditors for Adelphia. It is another bankruptcy meeting that has been adjourned until October 12, 2005 at 2:00 P.M. at 80 Broad Street, New York, New York.
      Councilman Bylewski said we also received a notice from Adelphia notifying us that Viacom, the distributor of VH1 Mega Hits, has announced plans to replace VH1 Mega Hits with a new channel known as Logo on digital channel 161. The change will take place on or about June 30, 2005.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee, a Negative Declaration is issued on the proposed Krislyn Office Building located at 6215 Transit Road. This Unlisted Action involves the development of a professional office building in the Major Arterial Zone. After thorough review of the submitted site plan and Environmental Assessment Form (EAF) by the MRC, Planning Board and Town Board, including coordinated review with recommendations from the New York State Department of Transportation, the New York State Department of Environmental Conservation and the United States Army Corps of Engineers, it is determined that the proposed project is consistent with the adopted Master Plan 2015 and has been redesigned to reduce potential impacts and will not have a significant impact. On the question, Councilman Bylewski said it is his understanding that the applicant has obtained a variance to move the building forward to help preserve more greenspace in front of the building. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee, a Negative Declaration is issued on the proposed People Inc. Senior Housing Project located at 4725 Transit Road along the Sheridan Drive access to Eastern Hills Mall in the Commercial Zone. After thorough review of the submitted site plan and Environmental Assessment Form by the MRC, Planning Board and Town Board, including coordinated review with comments from the New York State Department of Transportation, the New York State Department of Environmental Conservation, it is determined that the proposed project is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that upon recommendation by the Planning Department, Lindsay Brownschidle be appointed as a Summer Intern in the Planning and Zoning Office for a 12-week period beginning May 23, 2005 at the rate of $10.61 per hour. On the question, Councilman Bylewski said Lindsay is a resident of the Town of Clarence and is a junior at Notre Dame, majoring in Architecture. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski turned to Director of Community Development James Callahan for the 27th update on the action items being worked on while we are under the moratorium.
      James Callahan reported the following:
      Subdivision Law – Planning and Zoning is working on completing Draft 4. Planning Board has forwarded comments from the public hearing and review at two subsequent meetings.
      Adequate Public Facilities Law – comments from the Planning Office and Town Attorney have been forwarded to the consultant to be incorporated into Draft 2, which should be available by the next Town Board meeting.
      Parks & Recreation Master Plan – consultants are preparing long-term recommendations as Phase II of their contract.
      Landscape and Tree Laws – comments have been received. Planning and Zoning is working on drafts.

Councilman Bylewski announced as a reminder, that there is an opening on the Board of Directors of the Youth Center. Anyone interested should file an application by June 15th.

Motion by Councilman Weiss, seconded by Councilman Kolber to authorize the Supervisor to enter into a subscribers agreement with NYMIR at an annual premium of $218,648.50, plus a $57,247.62 Capitalization Fee, which represents a 10% discount on the 5-year Capitalization charge. Said agreement is subject to Town Attorney approval. On the question, Councilman Weiss said NYMIR was the lowest and responsible bidder to submit a bid for insurance. Councilman Kolber said NYMIR, or New York Municipal Insurance Reciprocal is a group of local governments throughout the State that have joined together to save on their insurance costs. There is the five-year signing cost that is still lower than other companies have offered. If we pay the total cost up front, we save 10% of the cost. Councilman Bylewski said NYMIR has 590 members and is sponsored by the New York State Association of Towns of which the Town is a member. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Public Hearing for June 22, 2005 at 7:45 P.M. to consider reducing the number of residential building permits per the language in Master Plan 2015, which allows for annual evaluation. On the question, Councilman Weiss said the number of students going through our schools is causing a great expense. Our ratio of residential to commercial is somewhat skewed because we do not have the commercial opportunities that other towns have. We have wetlands, rock, unsewered areas and no thruway access as other towns do. He ran on a platform to reduce the amount of residential growth in the Town. Councilman Bylewski said this is one of the first years that we have come close to hitting the goals of the Master Plan for commercial growth. The residential growth is in line with the Master Plan, however, he believes it is higher than what might be more effective. Councilman Kolber echoes the comments and believes we still need to slow down the rate of residential growth. Councilman Weiss said it is hard to maintain a rural character when you are building 240 homes a year. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he would like to thank all the members of the Chamber of Commerce who donated for the Day In The Park event. The response was overwhelming. The event is going to begin at 3:00 or 4:00 P.M. They have a meeting on Friday and they will confirm the time.

Motion by Councilman Kolber, seconded by Supervisor Hallock to appoint the following to the Summer Recreation Program effective June 15, 2005: Lifeguards – Colleen Adams, Megan Augustine, Lauren Byers, Ben Morton and Brett VanGroenewoud; Recreation Attendants – Lauren Helowicz, David James, Scott Jarrett, Stephanie Lenhardt, Kyle Overs, Brian Rowlinson, Nicholas Silvestrini and Jessica Tufte. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to accept, with regret, the resignation of William Podlewski from the Town of Clarence Recycling Committee effective May 1, 2005 as he no longer lives in the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said we will accept applications for the position on the Recycling Committee through July 1, 2005.

Councilman Kolber said there has been a joint effort by the Rotary, the Town, the School District and many other donations of time and materials to turn the Nature Center into a learning center for the schools and other groups. We now have the waterline in place and it will be tested. It has really turned out nice.

Councilman Kolber said we still have an opening on the Zoning Board of Appeals and anyone interested should apply by June 15th.

Public Participation

Barbara Latona, 6039 Goodrich Rd. spoke in regard to item 17. She reviewed the landscape drawings and believes there were three issues that were not addressed. Ms. Latona asked that the fence along the south property line be 8 ft. as set forth for a Commercial Zone. There is no designation for placement of the dumpster. The documentation regarding the previous gas spill is simply a printout from the DEC website. She believes a letter from the DEC is in order stating all issues are properly resolved. The shed was promptly removed after the last meeting and she looks forward to having this new business in the neighborhood.

Laurie Cordova said she is here to speak regarding item 22. James Callahan said the applicant withdrew and said he was not going to pursue the use.

A Public Hearing was held to consider the purchase of development rights of approximately 69.3 acres of vacant land on Roll Road at a purchase price not to exceed $485,100 plus closing costs and disbursements for green space. Funds to be allocated from the open space bond resolution and recreations fees if it is determined that any portion of this property will be used for recreation purposes.
      Amy Holt, Executive Director of the Western New York Land Conservancy said they are working with the Town on the green print program. This is the Town’s first conservation easement agreement under the program. The enabling legislation for Conservation Easements in New York State is Consolidated Law § 49-0301. A conservation easement is a legal agreement between a landowner and a land trust and/or government agency that permanently limits a property’s uses in order to protect its conservation values. They have become a popular tool for municipalities in their efforts to protect open space and community character. It is a cost effective way to ensure the permanent protection of land while still keeping land on the tax rolls and under private ownership and management. Several towns across the State have opted to exclusively use conservation easements over outright acquisition or other means of protection.
      Ken Kohler of the Western New York Land Conservancy and the Erie County Environmental Management Council said this parcel ranked #4. During discussions with people in the Town to see what they wanted to see and one thing that came up was a mixed cover land use. This parcel includes a wooded area, wetlands, floodplain, farmland and wildlife habitat. It is also in an area of high risk for development. People also like hedgerows, which this site has. The site provides a great view.
      Councilman Bylewski said in talking with the Assessor today, one thought was why not do a purchase and a lease back to the property owner to allow him to farm the land. Amy Holt said when they contacted landowners of more than 10 acres, they were given the option of selling or a conservation easement and this particular landowner chose to maintain ownership of his land. The advantages to the Town are that it keeps the land on the tax rolls and does not have to manage it. Otherwise, the Town would end up having to increase staffs to manage the land.
      Councilman Bylewski said another question the Assessor had was the residual value. We would be purchasing the development rights, so we are capping the maximum value of the land. The cap would be the residual value that would be taxed by the owner or any future owner. There is a lot of discussion as to what is the appropriate taxable value up to that cap.
      Amy Holt said she was looking more at what the compensation value would be. An independent appraisal firm established that value, which is a different subject from what the actual property taxes would be. Councilman Bylewski said any residual value for the farming use would be set by the Assessor.
      Councilman Weiss asked about any stewardship of the land. Amy Holt said the role of the Western New York Land Conservancy is to annually monitor the land. A baseline document is established. Ken Kohler said normal agricultural practices are usually allowable. The Land Conservancy looks out for the land to make sure no trees are removed or any other changes are made. Town Attorney Steven Bengart said the bonding does not allow any changes in the use in any event. Councilman Bylewski asked if any changes were made, what remedial measures could be taken? Mr. Bengart said that is what is stipulated in the easement.
      Ken Kohler said the roll of the Conservancy is to get the baseline documentation. Photos are taken to provide legal evidence of any changes that might be made. The Conservancy would make the determination based on the baseline documentation. Amy Holt said first they try to have a good relationship with the landowner to prevent any violations. If something does happen, they work with the landowner to get them to remediate. They will move to a legal course of action if that is not possible.
      Supervisor Hallock noted that the Municipal Review Committee is in support of this proposal. There was also a letter received from the Assessor, which will be made a part of the record.
      Assessor David Folger said he is not necessarily opposed to the purchase, but has questions regarding the appraisal. There were three addendums and it started at 96.7 acres and went down to the 69.3 acres. His problem is that it started out with $2,000 per acre residual value and he provided comparables for that. Then it dropped to $200 per acre and he does not understand where that comes from. The only farmer-to-farmer transaction he has seen was almost 10 years ago at $3,000 per acre. If the Town goes through with this, he will not assess the residual value at $200 per acre. He does not know what it will be. There was no documentation in the appraisal process to explain why it went down to $200. Mr. Folger said if it is only $200 per acre, why not buy the whole thing.
      With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Kolber to close the Public Hearing. On the question, Supervisor Hallock said the letter from the Assessor would be a part of the record. Upon roll call – Ayes: All; Noes: None. Motion carried.
      Motion by Councilman Bylewski, seconded by Councilman Weiss that based on all of the items of testimony presented in the Public Hearing, the following resolution will be adopted:
      RESOLVED, that after a public hearing being duly held on May 25, 2005, and after all interested parties being heard, the Clarence Town Board approves the purchase of the Development Rights of approximately 69.3 +/-acres of vacant land located on Roll Road in the Town of Clarence, Erie County, NY, at a purchase price not to exceed $485,100, plus any closing costs and disbursements. Funds are to be allocated from the Open Space Bond resolution and recreation fees if it is determined that any portion of this property will be used for recreation purposes, subject to review and approval of the terms of the Purchase Contract by the Town Attorney.
      On the question, Councilman Kolber asked why we were not purchasing the entire piece? James Callahan said the remaining northern portion along Shimerville Road was not as valuable due to the development all along that area. The Recreation Advisory Committee was looking at preservation of open space along Roll Road. Supervisor Hallock added that they recommended preserving the vista along Roll Road where there could potentially be 12 homes. 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 an automotive repair shop at 4915 Ransom Road. James Callahan said the location is the east side of Ransom Road, south of Main Street consisting of .42 acres in the Clarence Hollow Traditional Neighborhood Zone. The applicant is seeking permission to open an automotive repair shop in addition to the existing restoration shop.
      Nathan Raupp said he hopes to start a higher-end European car repair business at this location.
      James Callahan said the applicant would have to comply with the conditions of a Special Exception Use Permit including paved area for storage and screening from other uses.
      Mr. Raupp said he does not have any intention of leaving unlicensed cars stored there. His business would be to work on cars, which would be picked up by the owners. He has discussed parking in the rear with the building owner. He also intends to spruce the building up as allowed by the owner. It will be a one-person operation to perform repair work only.
      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 McPherson, seconded by Councilman Bylewski to adopt the following resolution:
      Resolved, that after a public hearing duly held on May 25, 2005, and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, Nathan Raupp, for the operation of an automotive repair shop at 4915 Ransom Road with the following conditions: 1. Any conditions of the Community Character Committee – including signage review and approval. 2. All wastes, discarded parts, etc. must be stored in an enclosed structure and screened accordingly. 3. All wastes be disposed of properly. 4. Any outdoor lighting shall be buffered so as not to impact adjoining uses. 5. All outdoor storage to be on a paved surface. 6. No more than five spaces within the appropriate striped parking spaces.
      On the question, Supervisor Hallock asked the applicant if he was in agreement with the conditions as listed. Mr. Raupp said he is. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request by Waterford Village Bank for a Special Exception Use Permit for a drive-thru facility at 8411 Main Street. James Callahan said the location is the south side of Main Street, west of Harris Hill Road consisting of 1.6 acres in the Traditional Neighborhood District of Harris Hill. The Planning Board has reviewed and approved the concept of the site plan.
      Frank Whalen said they have taken many of the suggestions from the Planning Board to make improvements on the bank in an effort to give it a Federalist style. He thought that the issue of the temporary trailer for the bank might be discussed. Supervisor Hallock said it is not included in this discussion, but will be brought up at the development plan approval.
      Councilman Kolber said he does not feel that the building is a Federal style at all and will not fit in the neighborhood. He supports the bank being there, but not the style of the building.
      Kathleen Flemming, President and CEO of the proposed bank said they have worked with the Planning Department and Planning Board to make all of the alterations and modifications that were requested at a great cost. If there are new requirements, they have not been presented to them. They would need to have some clarifications.
      Councilman Bylewski read from the Master Plan, page 23, it talks about encouraging a Federalist style of architecture. It does not say it must be. The Planning Board minutes identify elements that fit the Federalist style.
      Supervisor Hallock stated that we should continue with the issue at hand, which is the drive-thru facility.
      Ron Grimm said he feels this will be a great addition to the community. There has been a great deal of effort to blend into the area. They have replaced a low value motel site for a structure that will have a higher assessed value and be an asset to the Town.
      Phil Silvestri, Architect said he has been hired as a design consultant to assist them with the Town requirements. The owner is committed to meeting those requirements.
      Councilman McPherson said the owner has bent over backwards to comply with the spirit of the Traditional Neighborhood District.
      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. Motion carried.
      Motion by Councilman Bylewski, seconded by Councilman McPherson to adopt the following resolution:
      Resolved, that after a public hearing duly held on March 25, 2005 and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, Waterford Village Bank, for a drive-thru facility to be located at 8411 Main Street subject to the following conditions: 1. 80’ setback as required by Code. 2. Automobile stacking is sufficient to meet Code.
      On the question, Councilman Kolber said he will be voting against this, not because he is against the concept or the drive-thru. He does not believe it will fit into the neighborhood. Councilman Weiss said he understands the desire to make it as perfect as possible, but they have done an awful lot of work on this. Upon roll call – Ayes: Councilmembers McPherson, Bylewski, Weiss and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

A Public Hearing was held to consider the request by First Niagara Bank for a Special Exception Use Permit for a drive-thru facility at 4401 Transit Road. James Callahan said the location is an out parcel in the Clarence Mall on Transit Road, north of Main Street in the Major Arterial Zone.
      Representatives from First Niagara Bank were present.
      Councilman Bylewski asked for clarification on access to the site. A site plan was presented.
      With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson 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 25, 2005, and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, First Niagara Bank, for a drive thru facility at 4401 Transit Road with the following conditions: 1. 80’ setback as required by Code. 2. Automobile stacking is sufficient to meet Code. 3. Applicant must return to Planning Board and Town Board for Development Plan approval.
      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 the following items on the list have been eliminated: F. Jeff Didion Landscaping, 8560 Goodrich Rd. – Landscaping & Snowplowing; and T. David Miller, 10825 Bodine Rd. – Computer Business.
      James Callahan said all others have submitted their applications and fees. The concerns are with item Z. Anges Autos, 8790 Main St. - Auto Sales Office as one of the conditions for approval was not to have any storage or display on the property. It has been an ongoing problem. The other is item P. Forest Products, 8240 Roll Rd. – Firewood Sales regarding the berm.
      Speaking to the subject:
      Peter Roessler, Golden Oak Circle said he previously lived on Kippen Drive and his property backed up to Forest Products. The owner is out of the country at this time. The purpose he built the berm was to shelter his business to make it comfortable for the neighbors. The berm flattened down over the years. The Town came in and cleaned the ditch, which flattened it even more.
      Supervisor Hallock said the problem with the berm is that the Highway cannot clean the ditch because it is too high. Mr. Roessler said they cleaned them out eight or nine years ago which caused this problem. He thought there was discussion about putting a pipe in and covering it over.
      Councilman McPherson suggested that we remove this item until the owner returns and still allow him to continue his use.
      With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
      Motion by Councilman Weiss, seconded by Councilman Kolber to adopt the following resolution:
      Resolved, that after a public hearing duly held on May 25, 2005, and after all interested parties being heard, the Clarence Town Board hereby renews the following Temporary Conditional Permits for a period of five years with the exceptions of P. Forest Products, 8240 Roll Rd. – Firewood Sales to continue until June 22, 2005; Z. Anges Autos, 8790 Main St. - Auto Sales Office is denied; and F. Jeff Didion Landscaping, 8560 Goodrich Rd. – Landscaping & Snowplowing; and T. David Miller, 10825 Bodine Rd. – Computer Business were eliminated. A. Mazia’s Pizza, 10225 Main St. – Outside Dining; B. Falletta’s Restaurant, 8285 Clarence Center Rd. – Outside Dining; C. Winger Bat Houses, 6545 Goodrich Rd. – Retail Sales; D. H. K. Frey & Sons Plumbing, 6560 Goodrich Rd. – Heating & Plumbing; E. R. E. Peters, Inc., 8055 Goodrich Rd. – Landscaping & Firewood; G. Sutton Automotive, 9800 Heroy Rd. – Auto Repair; H. Weber’s Kennel, 6995 Heise Rd. – Dog Kennel; I. AAA Timberline, 6674 Heise Rd. – Firewood Sales; J. Somer’s Garage, 10375 Keller Rd. – Auto Repair; K. Louie’s Deli, 8200 Main St. – Outside Dining; L. Teso’s Pizza, 10305 Main St. – Outside Dining; M. Valley Inn, 10651 Main St. – Outside Dining; N. Antique World, 10995 Main St. – Additional Parking; O. Sandra Baker Antiques, 6070 Railroad St. – Antique & Gift Shop; Q. Dutchman Wood Works, 7750 Salt Rd. – Woodworking; R. Fitzsimmons Hydraulics, 4400 Shisler Rd. – Hydraulic Sales & Service; S. Falletta’s Restaurant, 5989 Transit Rd. – Off Premise Business Sign; U. Murphy’s Tavern, 8230 Wehrle Dr. – Outside Dining V. Cooltown USA, 5840 Goodrich Rd. – Outside Dining; W. Pietro’s Restaurant, 5841 Transit Rd. – Outside Dining; X. Highline Motors, LLC, 6161 Transit Rd. – Auto Sales Office; Y. Rock Bottom Restaurant, 6261Transit Rd. – Outside Dining; AA. Old Red Mill Restaurant, 8326 Main St. – Outside Dining; BB. Kowalski Contracting, 6555 Heise Rd. –Site Contracting & Firewood; and CC. CJ’s Restaurant, 9105 Sheridan Dr. – Outside Dining. Upon roll call – Ayes: All; Noes: None. Motion carried.
      Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
      Resolved, that after a public hearing duly held on May 11, 2005, and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, New Hope Presbyterian Church, for the construction of an addition to the existing facility for an indoor recreational facility.
      Upon roll call – Ayes: Councilmembers Bylewski, Weiss, Kolber and Supervisor Hallock; Noes: None. Abstain: Councilman McPherson. Motion carried.

Thomas Willett requests a Change-In-Use from vacant to tea room/gift shop at 6045 Goodrich Road. James Callahan said the location is the southeast corner of Goodrich Road and Maple Street consisting of .37 acres in the Traditional Neighborhood District. The application was tabled pending information on the gas spill and landscaping approval.
      Thomas Willett was present representing the property owner.
      Councilman Bylewski said we did receive some documentation on the gas spill but it was not adequate. Town Attorney Bengart said it only tells us that the site is closed. It does not tell us how the spill was taken care of. He believes further information may be available from the DEC. The Board could approve this with the condition that the applicant will provide us with more information. Mr. Willett said he has requested information from the DEC, but they told him their record search would take 4 to 6 weeks.
      Mr. Willet agreed to an 8 ft. fence along the back, tapering down to 4 ft. at the front of the building. He was going to talk to Marty’s to see if they could share a dumpster. They will keep it away from the residential property next door.
      Motion by Councilman Kolber, seconded by Councilman McPherson to adopt the following resolution:
      Resolved, that the Clarence Town Board approves a Change-In-Use from vacant building to a tea room and gift shop located at 6045 Goodrich Road to the applicant, Thomas Willett, subject to the following conditions: 1. Proof acceptable to the Town Attorney that the gas spill clean up has been completed and released from the DEC, the Erie County Health Department or other applicable agency. 2. The installation of an 8 ft. fence along the south property line to screen adjoining residential use, reducing to 4 ft. at the front. 3. Such conditions of the Landscape Committee as may be placed by them. If a dumpster is required, it will be located between the commercial buildings.
      On the question, Councilman McPherson asked if the only agency that can provide the satisfactory documentation the DEC and what if there is none? Town Attorney Bengart said he does not know and that is why he added and applicable agency. He would have to come back to the Board if there is no documentation. Councilman McPherson said someone would have monitored the clean up. It would leave the applicant without an approval. Thomas Willett said before 1986 formal closure letters were not required. His company did the clean up and all they have found so far is work orders. Mr. Bengart said to give him what they have. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mike Horning requests a Peddler/Hawker License to operate a hot dog stand at 6031 Transit Road. Mr. Horning was present and asked that his license be renewed.
      Councilman Bylewski said there is an additional structure added since the original license was issued. Mr. Horning set it up for additional seating. Councilman McPherson said he recalls there was discussion regarding barriers around the seating area.
      Supervisor Hallock asked if we have received any complaints? James Callahan said the DOT concerns were addressed. Supervisor Hallock said we have heard there is a little more activity there than we expected to see, such as cars and other items for sale. Mr. Horning said he has a passion for old cars and he has had some on the property. At this point the cars are gone. Councilman Kolber said he spoke with people at NOCO and their concern was the carnival type atmosphere. Mr. Horning said he likes to refer to it as “Americana”. The property is for sale and he would just like to continue as long as he can.
      Motion by Councilman McPherson, seconded by Councilman Kolber to grant a Peddler/Hawker License to Mike Horning to operate a hot dog stand at 6031 Transit Road per the conditions of the previous renewal. On the question, Councilman Bylewski said he believes that means removing additional structures from the original approval. Mr. Horning said to considerate it done. Upon roll call – Ayes: All; Noes: None. Motion carried.

John Braddell requests Concept Plan Approval for development of an industrial business park along County Road, west of Goodrich Road. James Callahan said the location is in the Industrial Business Park Zone with Agricultural to the rear. It is currently used for sod production.
      William Schutt was present with John and Ed Braddell. The project involves 44 acres to include construction of a 1,300 ft. public road with a storm sewer system and water line to service businesses along the road. They are also looking into the possibility of providing sewers for this project in cooperation with the Planning and Engineering Departments. Mr. Schutt said it is not a condition of this project, or a requirement that it be done. They are asking for referral to the Planning Board.
      Councilman Bylewski said it will be interesting to see how the sewer possibility works out, as we would like to see sewers in that area. He said another thing to think about is what public benefit would the road be to the Town.
      Motion by Councilman McPherson, seconded by Councilman Bylewski to refer the request for Concept Plan Approval for development of an industrial business park along County Road, west of Goodrich Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Meteor Enterprises requests Concept Plan Approval for development of a 180-unit townhouse project, including 50 single-family detached units north of Jones Rd., east of Ransom Rd. (Gables on the Green). James Callahan said the property consists of approximately 160 acres in the Agricultural Rural Residential Zone. The application has been through the SEQRA process with findings as approved by the Town Board.
      Tom Hollander was present. Councilman Bylewski said we have been through a number of hearings regarding the proposed project and asked the applicant if he had anything to add. He did not.
      Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
      WHEREAS, the Town of Clarence, pursuant to §272-a of the Town Law, adopted Master Plan 2015; and
      WHEREAS, the aforesaid Master Plan 2015 delineated future development for the Town in a future land use map; and
      WHEREAS, the Applicants herein have proposed a housing development in a former sand and gravel mine consisting of up to 180 town homes and 45 single family lots in an approximate 160 acre parcel; and
      WHEREAS, the aforesaid parcel is delineated as agricultural on the Future Land Use Map, adopted as part of Master Plan 2015; and
      WHEREAS, the Clarence Town Board previously adopted a findings statement after completion of the environmental review process pursuant to SEQRA; and
      WHEREAS, the aforesaid findings statement raised issues concerning, among others, the proposed private sewer facilities, affect on potable water supply, traffic impacts and lack of compliance with Master Plan 2015; and
      WHEREAS, the Planning Board having met on May 4, 2005 and having reviewed the project, the findings statement, all records and evidence in the file, and all the testimony given, and thereafter voting to deny recommending the project;
      NOW THEREFORE BE IT RESOLVED, that the Clarence Town Board hereby denies concept and/or development plan approval for the following reasons:

  1. The project, as proposed, is in contravention to the adopted Master Plan 2015.
  2. The project, as proposed, is in contravention to the adopted Master Sewer Plan, in that said project creates a private treatment facility outside of an existing or proposed public sewer district.
  3. The issue of impacts to the potable water supply to the existing residents has not been adequately addressed to allow the project to move forward.
  4. The issue of traffic as a quality of life issue that creates significant concerns as the area proposed for development is outside of an area identified in Master Plan 2015 as acceptable for large-scale developments.
  5. The adoption of comprehensive zoning law in conformance with Master Plan 2015, pursuant to Town Law §272-a (11) renders the proposed project design illegal.

On the question, Councilman McPherson said this project was subject to a court case, what is the outcome of that with regard to the action now. Town Attorney Steven Bengart said the court case is finished. It called for us to go back to Planning to discern our own ordinances and the Planning Board made a recommendation. Councilman Bylewski said the court in its order throughout the conclusion section of the findings statement but left the findings statement in tact. Councilman Bylewski said based on the new rezoning, it is his understanding that this area is Agricultural Rural Residential and what is the density? James Callahan said 1.33 acre minimum lot. The amount that is being proposed would not meet the density requirement.
      Upon roll call – Ayes: All; Noes: None. Motion carried.

Arthur Fuerst requests Concept Plan Approval for development of a plaza and drive-thru coffee shop at 9450 Main Street. James Callahan said the location is the northwest corner of Main St. and Goodrich Rd. consisting of 1.09 acres with an existing dry cleaners and a home combined into one parcel.
      Phil Silvestri and Peter Casilio were present to represent the applicant. They are proposing a 1,300 sq. ft. addition behind the cleaners to add a pharmacy and drive-thru coffee shop. There is stacking for 19 cars. The house will remain as is. They also propose another curb cut onto Goodrich Road.
      Councilman Bylewski said he believes the project requires further study. He is concerned about multiple uses on the parcel and a number of traffic concerns.
      Motion by Councilman Kolber, seconded by Councilman Weiss to refer the request for Concept Plan Approval for development of a plaza and drive-thru coffee shop at 9450 Main Street to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.
      The request by John Odachowski for a Change-In-Use from vacant to personal fitness center at 10510 Main Street was removed from the agenda at the applicant’s request.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant a Pond Permit to Ken Fetter at 9229 Sesh Road, with no materials to be removed from the site. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant a Change-in-Use from vacant to computer electronics research group to Larry Jaipaul at 10350 Main Street subject to approval by the Clarence Hollow Community Character Protection Board. On the question, Councilman Bylewski said this board is a recommending body to the Town Board and Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Kathy DeRose requests Concept Plan Approval for a 4-lot Open Development Area at 5131 Kraus Road. James Callahan said the location is on the east side of Kraus Road, south of Greiner Road consisting of approximately 26 acres off an existing private drive. The Planning Board forwarded recommendation for approval with conditions.
      Kathy DeRose said she has received a positive response from the neighbors. Councilman Kolber said he likes this kind of development in the Town with maintaining existing frontages. Councilman Weiss asked if the homeowner’s association bylaws are on file? Town Attorney Steven Bengart said they are on file.
      Motion by Councilman Kolber, seconded by Councilman McPherson to adopt the following resolution:
      Resolved, that the Clarence Town Board grants Concept Plan Approval to the applicant, Kathy DeRose, for a 4-lot Open Development Area at 5131 Kraus Road subject to the following conditions: 1. Amendment to existing homeowners association to include newly created lots; 2. Sprinklers to be installed at parcels 2 and 3 per recommendation of Town Engineer; 3. NYSDEC and Erie County Health Department to investigate existing pond for contamination; and 4. Subject to Open Space and Recreation Fees.
      Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to refer the request by Cesar Banach for Concept Plan Approval for development of an expansion to existing commercial use and professional office building at 8500 Roll Rd. to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

The Orvis Store is requesting Architectural Approval for a façade update at Eastern Hills Mall, 4545 Transit Road.
      Chet Franasiak, Manager said the Orvis Store is a high-end hunting and fishing store that will occupy 17,681 sq. ft. in the mall. There are no others in the area and will be a great asset to the mall. Mr. Franasiak provided renderings of what they are proposing. Orvis gives 5% of their sales tax to conservation improvement.
      Motion by Councilman McPherson, seconded by Councilman Kolber to grant Architectural Approval for a façade update at Eastern Hills Mall, 4545 Transit Road for the Orvis Store. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval of the following: Clubhouse Application – A. Girl Scout Troop #1005 – Oct. 29, 2005; and Legion Hall Applications – A. Galligan – June 25, 2005; B. Harris Hill Men’s Assoc. – Aug. 26, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of May 19, 2005 are approved for payment: General Fund - $143,039.50; Highway Fund - $15,159.78; Water District - $129,275.00; Sewer District - $3,625.00; Capital Fund - $56,318.20; and Trust & Agency 203 - $250.00 for a total amount of $347,667.48. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation of Parks Crew Chief John Burns, the following be appointed as seasonal help in the Parks Department at the budgeted rate of pay: David James effective June 13, 2005 and Daniel Paone and Cal Ribbeck effective May 31, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Andre Pigeon, 10721 Roseville Lane thanked the Town Board, on behalf of the residents of Rosewood Lane, Jones Road, Ransom Road and Stage Road, for denying Gables on the Green.

There being no further business, Supervisor Hallock adjourned the meeting at 10:13 P.M.

Nancy C. Metzger
Town Clerk