05/26/04


A Work Session of the Clarence Town Board was held May 26, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Assistant Director of Community Development James Hartz, Town Attorney Steven Bengart, Senior Building Inspector David Metzger and Deputy Supervisor Anne Case.

Assistant Director of Community Development - James Hartz

Work Session Agenda Items for consideration on 6/9/04 Formal Agenda

Hayes Fish Company 8900 Main Street

A Change in Use was previously approved by the Town Board to allow a rehabilitation of the former Grapevine Restaurant located on 1.4 acres on the northwest corner of Main Street and Shimerville Road. The applicant has determined that it would be more cost efficient to demolish the existing structure and construct a new facility. A demolition permit was issued and the former structure has been removed. Applicant requests Building Permit and Architectural Approval for construction of a new store/restaurant.

Councilman Kolber stated that he did some research on the building and it was a somewhat historical building dating back to the 1840’s. At one time it was a hotel/stage coach stop.

The architectural style of the proposed store/restaurant is a pole barn type structure.

The applicant stated that there is a decorative steel roof, two foot fascia on the front with a one foot soffit, clapboard siding and double hung windows.

Councilman Kolber stated that Main Street frontage is one of the most visible areas and we should be looking to enhance the streetscape. Councilman Kolber further stated that he would like to see a facade with curb appeal and suggested the applicant review the architecture design of the proposed Kenyon Store on Goodrich Road.

Councilman Bylewski stated that in keeping with the Master Plan, the proposed site is to be part of the traditional neighborhood development and he would like to see something else besides what has been presented. Councilman Bylewski further stated that the project can be scheduled for the next meeting but in the interim, the applicant should submit a different architecture design.

Tully’s Restaurant 8070 Main Street

Applicant is requesting approval to convert the existing building (former Warehouse Liquors) in Clarence Mall Plaza to a restaurant. Landscaping should be reviewed and updated. The project has been forwarded to the Town Engineer for review and comment.

Angelo Natale 9286 Main Street

Applicant is seeking to amend the original concept to replace the previously approved pole barn with a 4500 square foot office building. The Site Plan will need to be analyzed by Town Departments and regulatory agencies.

Public Hearing @ 7:45 P.M. to consider the purchase of approximately 180 +/- acre parcel located at 5340 – 5350 Salt Road. Representatives from the WNY Land Conservancy will be present to answer any questions.

Formal Agenda Items from 5/12/04 Work Session:

William Kenyon 5820 Goodrich Road

Applicant requests Development Plan and Architectural approval for construction of a new convenience store and gas pumping station. The application has been through the review process and a Special Exception Use Permit has been issued on the gas filling use. The Planning Board has forwarded a recommendation on the final design with approvals from the Landscape Committee and the Town Engineering Department.

The Landscape Committee has met with the neighbors to work out as many issues that they can. Trees will be added along the southwest corner of the property. The lighting shall be shoe-box type of a shield. The gas tanks have been move further to the south, the number of pumps has been reduced from six down to four gas pumps.

Forbes Homes – Roxberry Estates Subdivision

Applicant requests Development Plan and Architectural approval for Phases II and III for twenty-five Residential A lots. The action of approving Phases II & III of the Roxberry Subdivision are inconsistent with recommendations in Master Plan 2015 and the Negative Declaration issued on 3/24/04 for the Eastern Hills Corridor. This item will be withdrawn until it is requested to be put back on the agenda.

Spaulding Lake PT. IV, Phase III

Applicant requests Development Plan approval for construction of approximately 1200’ of Cobblestone Drive, 800’ of Rockledge Drive and 200’ of Stonecliff Court including development of 29 PURD lots. This is the final phase of Spaulding Lake and will connect to Hollingson. The Planning Board has forwarded a recommendation for approving the Site Plans for the 29-lot design and road extension.

Jack Wilcox 10352 Main Street

Requests Concept Plan approval for a 3-lot Open Development area. There are issues with conformance with the updated regulations including road cross section and water line extensions.

Calvin Caruso 6705 Transit Road

Requests Concept Plan approval and a Special Exception Use Permit for development of a Bubble Boy car wash. There may be issues with traffic flow and any impact on surrounding properties.

Martin Bronisz 4611 Shisler Road

Requests a Temporary Conditional Permit for operation of a log cutting business in the agriculture zone. A Public Hearing will be necessary and referral to the Planning Board to establish conditions on the proposed use.

Councilman McPherson suggested that when an item(s) is referred to the Traffic Safety Board that requires signage, the plan should be submitted showing the applicants concept of the traffic sign. The Traffic Safety Board is a review board not a design committee.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the discipline of a particular person. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:05 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

Supervisor Kathleen Hallock

A morning Work Session is scheduled for June 2, 2004. Officials from the Town of Clarence Baseball Association will be present to describe the building they are proposing for batting practice. Grant Writer Lucy Curley will also be present to talk about grants.

Supervisor Hallock will appoint Doug Kohler to the Bi-Centennial Committee.

Last Thursday there was a special meeting held of the Association of Erie County Governments. County Executive Joel Giambra passed out information on the county budget and the growth of Medicaid costs. A Legislative Counsel working on Medicaid reform at the meeting said it is not enough for Towns to pass resolutions calling for reform but all Town Board members should write their senators and assembly representatives and stress the need for reform.

Supervisor Hallock has two requests for Block Parties and a Special Event request.

Supervisor Hallock will appoint Jim Blum to be on the advisory review team to review RFP’s for the Parks and Recreation Master Plan.

Supervisor Hallock will read the Mission Statement from the Intercommunity Committee and announce one vacancy.

Supervisor Hallock has a list of computer/office equipment to declare surplus. Sunnking, Inc. (a state certified recycling company) will pick up the listed items except the tower.

Supervisor Hallock has received information from Kevin Gaughan’s office regarding another Buffalo Conversation on June 9, 2004. A Town Board meeting is scheduled for that evening. Jeff Peron from Kevin Gaughan’s office asked if we could send someone to represent Clarence.

Senior Building Inspector attended a training session on Code Enforcement that included a video that he feels the Town Board may be interested in. The video will be viewed at the June 2, 2004 morning Work Session.

The Clarence/Newstead Agricultural District eight year review will take place on Tuesday, June 15, 2004 from 9:00 A.M. until 1:00 P.M. Members of the County Agriculture Board, participating farmers, Town Boards and Planning Boards are invited.

St. Mary’s Boy Scout Troop is requesting permission to run a fund raiser on June 12 & 13, 2004 at Meadow Lakes Park. They will sell hot dogs and pop to team members. The Town Board was in agreement with this.

Councilman Ian McPherson

Councilman McPherson will announce the street light proposal for Main Street. Much of what is there now will be removed for an annual decrease of $3889.00. A one time charge of $6,354.88 will be billed to the Town of Clarence for unrecovered cost and the removal of NYSEG owned facilities per PSC Tariff. NYSEG will install 101 – 175watt metal halide luminaries @ $112.61 each for a total of $11,373.61. The Town of Clarence will install, own and maintain lighting system. NYSEG will supply energy, bulbs and eye replacement only. This proposal is made contingent upon the terms and conditions covered in NYSEG’s street lighting filed tariff agreement with the Town of Clarence.

Councilman McPherson will also announce that the street light layout for the Boncrest West area has been submitted, the developer will be notified when the lights are ready to be installed.

The two ovens at Clarence Senior Center are not in good working order. The temperature fluctuation makes it difficult for them to maintain the proper temperature when preparing meals for the meal program. The ovens, which are the original ovens, must be replaced sooner rather than later. They have obtained quotes in the amount of $20,000. However, they still have not received a quote from state contract. Councilman McPherson is requesting authorization for up to the best responsible bid once all bids are received. These ovens could be removed if in the future a new Senior Center is built. The setup/construction of the current ovens does not allow you to replace one without replacing the other.

The apartments located on the south east corner of Main Street and Academy will be loosing approximately seven parking spaces with the widening of Main Street. Councilman McPherson would like to give the tenants permission to park across the street in the municipal parking lot. Councilman McPherson has check into this and does not see any problems.

Councilman Scott Bylewski

Councilman Bylewski is coordinating an exercise for disaster services on a Saturday sometime this fall from 9:00 A.M. until noon. He asked that everyone get back to him with dates that they are available. A memo will be circulated.

Councilman Bylewski received recommendations from the Planning Board concerning responses to comments made at the annual Public Hearing on Master Plan 2015. Councilman Bylewski will make a motion to adopt the comments.

Councilman Bylewski announced that the Town of Clarence received the Quality Communities Award for Excellence for the joint youth planning project with the Town of Amherst.

Councilman Bylewski will make a minor correction to the minutes.

The Planning and Zoning Department is recommending a Negative Declaration be issued on the proposed acquisition of 180+/- acres of land under the Town of Clarence Open Space Bond Act.

The Municipal Review Committee has forwarded a recommendation for the Town Board to issue the Findings Statement associated with the Environmental Review on the proposed Gables on the Green housing project.

Councilman Bylewski will be asking the Planning Department for an update on the action items regarding the reason why the moratorium is in place (the zoning law, subdivision law and public facilities law).

Ray Braun from Amherst Central Fire Alarm is interested in having Central Fire Alarm obtain caller identification for their eight administrative lines. Several times a month, they receive emergency calls for help on the administrative lines and then the person hangs up, they then have to wait for the person to call back before they can send help. Councilman Bylewski has spoken with Director of Administration and Finance Pam Smith in conjunction with Ray Braun and they estimate the first year charge to be $183.92. The phone charges are passed on to the various districts, the breakdown would be that the town would take 55% of that charge, Clarence Fire District No. 1 23%, Harris Hill 18% and Clarence Center 4%. Councilman Bylewski will speak to the fire chiefs to get their input.

Councilman Bylewski has received the updated draft for the EMS contract. A copy was forwarded to Town Attorney Steve Bengart.

Clarence Fire District No. 1 has submitted a formal request asking permission from the Town of Clarence to operate their Yamaha Rhino on the town’s bike path system for emergency and training purposes. Town Attorney Bengart would like an insurance certificate showing adequate liability insurance coverage, the Town of Clarence listed as additional insured and hold harmless agreement.

Councilman Bylewski has received correspondence from Adelphia regarding HDTV service.

Councilman Joseph Weiss

Highway Superintendent Ron Witnauer is requesting a bid date be set for June 15, 2004 at 10:00 A.M. for a road maintenance process called Fiber Reinforced Bituminous Membrane Surface Treatment. This is a new process that was recently demonstrated at the Erie County Fair Grounds in Hamburg.

Councilman Weiss will announce that several roads in town are being repaired.

Town Assessor David Folger will be receiving an award this evening.

Councilman Weiss commended Peter Wolf and John Jondle on the great job they are doing addling goose eggs.

Councilman Bernard Kolber

Recreation Director Howard Johnt is recommending the appointment of several Recreation Attendants effective June 1, 2004. One appointment has been removed; they were not interested in the position.

Clarence Baseball Association Travel Team is hosting a baseball tournament at Meadow Lakes Park Memorial Day weekend. They are requesting Town Board approval to erect a 20’ x 20’ tent from Saturday May 29 thru Sunday or Monday, May 31, 2004 depending on the weather. They are also requesting six additional picnic tables be delivered to the site for under the tent.

Councilman Kolber will appoint Brenda Young to the Recycling Committee.

Councilman Kolber will make a motion adopting the Resolution regarding the contract for purchase of the Greenprint property.

Councilman Kolber would like to investigate the formation of an Architectural Review Committee to work along with the Town Board and Planning Board to address some of the issues of architectural appearances of certain proposed projects/buildings as they come forward.

Councilman Kolber is also seeking input on the demolition law as it pertains to historic buildings in the Town.

There being no further business, the Work Session was adjourned at 7:35 P.M.

Darcy A. Snyder

Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, May 26, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Councilman Joseph Weiss led in the pledge to the flag, followed by a prayer given by Father Schroeder of St. Augustine’s Roman Catholic 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 Town Attorney Steven Bengart, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Parks Crew Chief John Burns, Assessor David Folger, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Kolber, seconded by Councilman Weiss to approve the minutes of the previous meeting held May 12, 2004. On the question, Councilman Bylewski said page 187, the motion to grant a temporary lumberyard location permit – “for the maximum of 6 months from the start of the project or upon completion of the remodeling whichever comes first.” Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Abstain: Councilman McPherson (as he was not present). Motion carried.

Supervisor Hallock announced that item 13 for the request by Forbes Homes for Development Plan Approval for Phases 2 and 3 for 25 Residential A lots in Roxberry Estates Subdivision will not be acted on tonight.

Motion by Supervisor Hallock, seconded by Councilman Kolber to appoint C. Douglas Kohler of 6359 Goodrich Road to the Bi-Centennial Committee. Upon roll call – Ayes; All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve a Special Event request for the Annual Clarence Rotary 5K Run on Friday, June 25, 2004. On the question, Supervisor Hallock said the benefit is for the Alzheimer’s Association. Upon roll call – Ayes; All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the request for a Block Party at 9139 Via Cimato Drive on July 3, 2004. On the question, Supervisor Hallock said her office will notify the appropriate agencies for the special requests. Upon roll call – Ayes; All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the request for a Block Party on Lantana Drive on July 15, 2004. Upon roll call – Ayes; All; Noes: None. Motion carried.

Supervisor Hallock said earlier this year the Board established an Intercommunity Committee. The Mission Statement of the committee is as follows:

The purpose of the Committee is to identify and recommend courses of action on issues jointly affecting the Town of Clarence and other municipalities, government entities and independent authorities so as to enable decisions relating to such issues to be made with information available on the effect of such decisions on the Town of Clarence, its residents and businesses.

In undertaking its mission the Committee shall engage officials of the Town of Clarence and other municipalities, government entities and independent authorities and business owners and residents of the Town and organizations representing them. The Committee may undertake surveys, conduct research and provide a forum for interaction to identify the issues and the actions to be considered in their resolution.

Supervisor Hallock said there is an opening on this committee.

Motion by Supervisor Hallock, seconded by Councilman Weiss to declare the attached list of obsolete computer and office equipment as surplus equipment and grant authorization for Sunnking, Inc. to pickup all of the items on the list except for the tower. On the question, Supervisor Hallock said Sunnking is a company with NYS certification for recycling electronic scrap. Upon roll call – Ayes; All; Noes: None. Motion carried.

Supervisor Hallock announced that the new “Welcome to Clarence” signs have been installed on Sheridan Drive and Main Street. The Clarence Rotary and Clarence Industrial Development Agency provided the funding for the signs. She acknowledges their contributions and thanks them. One more sign will be going up on Transit Road.

Supervisor Hallock announced that David Crawshaw has resigned from his position of part time Dog Control Officer effective May 20, 2004. She is happy to say David will still serve as substitute van driver and substitute crossing guard.

Councilman McPherson stated that as part of the Main Street widening project in the Hollow, the refurbishing of the Hollow and the Clarence Hollow Pollution Abatement Program, we are having a light scape as part of the streetscape.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize NYSEG, per their Streetlight Proposal for Main Street, to remove NYSEG owned Luminaries as follows: 1 – 400w Mercury Vapor Luminarie at $230.93; 15 - 250w Mercury Vapor Luminaires at $2,425.95; 2 – 175w Mercury Vapor Luminaire at $253.42; 4 – 100w HPS Luminaires at $491.68; 2 – 150w HPS Luminaries at $289.72; and 1 – 150w Turnpike Luminaire at $197.38 for a total annual decrease of $3,889.08. A one-time charge of $6,354.88 will be billed to the Town for unrecovered cost and removal of NYSEG owned facilities. Authorization is given to install 101 – 175w Metal Halide Luminaires for a total annual increase of $11,373.61. The Town of Clarence will install and maintain the lighting system. NYSEG will supply energy and bulb and eye replacement only. This proposal is in accordance with the tariff agreement with NYSEG. Upon roll call – Ayes; All; Noes: None. Motion carried.

Councilman McPherson said the Senior Center is in dire straits with their ovens. The fluctuating temperatures of the ovens are causing problems when they try to prepare meals for the County meal program.

Motion by Councilman McPherson, seconded by Councilman Kolber to authorize the Senior Center to spend up to $20,000 to replace the ovens. On the question, Councilman McPherson said several quotations have been received and they are waiting for one more. Upon roll call – Ayes; All; Noes: None. Motion carried.

Councilman McPherson announced that a street lighting plan has been submitted for the “dark” Boncrest area and we will notify the developer when the lights are ready to be put in.

Councilman Bylewski said we received the recommendations from the Planning Board concerning responses to comments made at the annual public hearing on Master Plan 2015. He asked that the comments be made part of the Town Board minutes. Any action taken upon these comments is only an action to adopt the comments and not to make changes or amendments to the Master Plan. A public hearing would have to be held. The items identified and referred to the Planning Board as a result of the public hearing held February 25, 2004 were: 1. Review of the residential building cap policy; 2. Review of the parkland requirement per 1,000 persons ratio; 3. Review of the official street map; 4. Research a homeland security chapter; and 5. Update the action plan identified in the Master Plan.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the comments. Upon roll call – Ayes; All; Noes: None. Motion carried.

Councilman Bylewski announced that the Town of Clarence Planning Department in conjunction with the Town of Amherst Planning Department was the winner of the 2004 Quality Communities Award for Excellence. Congratulations were extended to the Planning Department.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation of the Planning and Zoning Department, a Negative Declaration is issued on the proposed acquisition of 180 +/- acres under the Town of Clarence Open Space Bond Act. Upon review of the Short Environmental Assessment Form, the Town Board has determined that the proposed action is consistent with Master Plan 2015 and will not result in any significant adverse environmental impacts. Upon roll call – Ayes; All; Noes: None. Motion carried.

Councilman Bylewski said the Municipal Review Committee forwarded a recommendation for the Town Board to issue the attached Findings Statement associated with the Environmental Review on the proposed Gables on the Green Housing Project. He asked that the entire Findings Statement be incorporated as part of the minutes. The issuance of this Findings Statement represents the final action required by the Town Board under the SEQRA process for this project. The Findings Statement sets forth a number of issues as follows:

Issue I. Address all possible alternative development scenarios and their respective impacts, including the impacts associated with no zoning changes to the property and the “do nothing” scenario.

Issue II. Address the potable water supply and pressure issues and determine adequacy to service the project without having a negative impact upon existing uses in the vicinity.

Issue III. Address the placement of 240+/- living units outside of a public sewer system. The DEIS will need to discuss the issue of whether a private system is feasible, how such a system will be administered, what impacts such a system will have on existing aquifers and wells, and whether development of such a system is in conformance/compliance with Master Plan 2015 and the Town of Clarence/Town of Amherst agreements on sanitary sewer system development/extensions. In addition, the DEIS should discuss the precedent setting action of allowing a community septic system to serve a residential subdivision outside of a public sewer district.

Issue IV. Address consistency with the adopted Master Plan 2015 in terms of future land use, density of dwelling units, and preservation of open space and impact upon existing community character.

Issue V. Address traffic generation and distribution and impact upon existing levels of service in the vicinity of the project.

Issue VI. Address drainage and impacts upon groundwater as related to the existing hydrogeology of the area, including underground aquifers. This discussion should include impacts upon protected bodies of water on the project site and on surrounding properties.

Issue VII. Address impacts upon existing plant and animal life on the property, both endangered species and non-threatened species.

Issue VIII. Address impacts upon aesthetic resources including mature forested areas, compatibility with adjoining land uses, and on future recreational opportunities of the Town.

Issue IX. Address impacts associated with construction of the proposed project, including construction on steep slopes, impacts on air quality, impacts on water quality and impacts associated with noise.

Issue X. Impact and capacity of the Clarence School District to handle any additional students associated with this development.

Issue XI. Address fiscal impacts associated with the development, including housing values and property taxes to existing land/homeowners in the vicinity of the project.

Issue XII. Discuss site selection and suitability.

Issue XIII. Address the cumulative impacts of three projects developing in the same area; the Toll Barrier; Gables on the Green; and any Thruway interchange in the vicinity. At a minimum the DEIS should address the likelihood of the future developments and the cumulative impacts, should such development scenarios overlap in terms of timing.

Councilman Bylewski said those were the issues in summary. The findings were then stated which will be incorporated into the record. In light of the factual conclusions and findings of fact, the Town of Clarence summarized the Findings as follows: The project as proposed is in contravention to the adopted Master Plan 2015 in terms of land use. The project as proposed is in contravention to the adopted Master Sewer Plan in terms of creating private treatment facility outside of an existing or proposed public sewer district. The issue of impacts to the potable water supply to existing residents has not been adequately addressed to allow the project to move forward. The issue of traffic is 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. Based upon the Findings, the Town of Clarence, as Lead Agency, recommends that the project, as designed, be denied. Consideration should be given to long-term preservation and/or a development in conformance with Master Plan 2015.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the recommendations from the Municipal Review Committee that is an adoption of the Findings Statement associated with the environmental review on the proposed Gables on the Green housing project. On the question, Town Attorney Steven Bengart said you want to incorporate everything in the Findings. Councilman Bylewski said the Findings Statement and any additional comments that have been made before the motion. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski asked James Hartz to update the Board on the action items that the Town is working on.

James Hartz said at the Planning Board meeting of May 19, 2004, they worked on finalizing the proposed zoning map. Homework assignments were given to make sure that the district boundaries are correct. The districts will be finalized at a future meeting. We will be seeking outside assistance from a land surveying company to prepare the legal descriptions for the new zoning boundaries.

There will be a 4 th draft of the zoning code distributed to the Planning Board members at their next meeting for review. It will also be forwarded to the Municipal Review Committee to coordinate a review on June 21 st in conformance with the SEQR law. Eventually, a town-wide mailing will be sent out for notification of a public hearing at the Planning Board level.

Councilman Bylewski said Clarence Fire Company has purchased a Yamaha Rhino that they would like to use on the Town bike path system for emergencies and training purposes. We have rules in place hindering usage of motorized vehicles on the bike paths.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission for Clarence Fire District No. 1 to operate their Yamaha Rhino on the Town bike path system for emergency and training purposes with insurance coverage and a hold harmless agreement to be provided to the satisfaction of the Town Attorney. On the question, Councilman Bylewski said the vehicle is equipped with the necessary warning lights and sirens and is capable of treating and transporting patients from the bike paths or nearby woods. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we received an announcement from Adelphia regarding the addition of high definition channels. There are some channel changes coming June 21 st. They are no longer going to offer the product review on channel 10.

Councilman Weiss announced that Assessor David Folger is here tonight to receive an award from the State.

Patricia Valvo, Customer Relations Manager from the Office of Real Property presented an Award of Excellency to the Town of Clarence for the 2003 assessment roll. The New York State Office of Real Property Services presents the award in recognition of the efforts to provide taxpayers with fair and equitable assessments. This is the fifth consecutive year that the Town of Clarence has qualified for this recognition and is one of their model communities. The Town has been approved for State Aid ever since it began in 1999. Assessor David Folger and his office have done a great job. She congratulated the Town Board and Mr. Folger.

Assessor David Folger said there are a lot of people behind the scenes as well as, his office staff, the State and GAR Associates.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Bid Date of June 15, 2004 at 10:00 A.M. for the purchase of Fiber Reinforced Bituminous Membrane Surface Treatment, a road maintenance process for the Highway Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced the following County roads will be worked on this year in the Town of Clarence: Conner Road from Stahley to County; Schurr Road from Stage to Route 5; Stahley Road from Transit to Miles; Wehrle Drive from Gunnville to Shisler; and Wolcott Road from Transit to Goodrich.

Councilman Weiss announced that anyone interested in demolishing a structure by burning, even if the fire company does it for training, must get a demolition permit. This policy will be enforced.

Councilman Weiss congratulated Peter Wolfe and John Jondle from the Conservation Committee for addressing the goose population problem. It helps with the water quality and possible diseases with too many geese in an area.

Motion by Councilman Kolber, seconded by Supervisor Hallock to appoint Brenda Young to the Recycling Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant permission to the Clarence 12 and under travel baseball team to set up a tent for Memorial Day weekend adjacent to Meadowlakes #1 pavilion and six additional tables delivered to the site. This is for a tournament they are having. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to appoint the following as Recreation Attendants effective June 1, 2004: Amanda Burns, Rebecca Hilton, Scott Jarrett, Lindsay Jochum, Kristin McCullen, Matthew Riggio, Max Sisherman, Amy Thompson and Johnathan Vaughn; Recreation Specialist: Greg Riggio; Lifeguards: Drew Crawford, Sarah Groff, Hilary Higley, Jocelyn Hohman, Amber Reger and John Tangeman. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said he is requesting an architectural review committee for the Town of Clarence to work with the Town Board and the Planning Board. This committee could take a look at the major thoroughfares and give us guidelines when someone wants to remodel or build a new building to improve the streetscape of the Town. The committee could also work in an advisory capacity to help as a project moves forward to see that they meet the guidelines and help enhance the Town.

Councilman Kolber said demolition permits do not require Town Board approval. He would like to bring forth legislation to control what is demolished.

Supervisor Hallock thanked department heads present for attending.

Public Participation

Peter Gorton, Hedgewood Dr. thanked the Town Board for passing the moratorium. He liked what he heard about Gables on the Green tonight. The issues of SEQR should be considered on every project.

Mr. Gorton was here to speak on item 13, which has been removed from the agenda. He asked whether the public was informed that this was on the agenda? He said for residents to find out the day of the meeting or that they have to read the web page is not good enough. Adjacent residents should be notified in writing at least a week in advance. Any costs associated with that should be part of the development fees. He asked if SEQR has been performed on that portion of the project? Assuming if it has not, it should be. If it was done as part of the original application, it was five years ago and did not properly go through the SEQR process. The project was segmented and this portion should have its own SEQR.

Mr. Gorton said in regard to the zoning map, the proposed Harris Hill Commons area should be shown differently on the zoning map. It should go back to agricultural or to whatever the least development of the Town’s zoning is, or the Town should consider purchasing it.

Robert Roach, 4547 Gentwood Dr. said he made the Town Board aware that, in regard to item 13, the developer violated the DEC permit in the first phase and is not incompliance with the US Army Corp of Engineer’s permit in the second phase. It is his feeling that we should not proceed with another phase. One of the concerns all along was the property of the new development being raised higher than the existing homes. There are large accumulations of water now from all of the rain.

A Public Hearing was held to consider the purchase of approximately a 108 +/- acre parcel located at 5340-5350 Salt Road at the purchase price not to exceed $780,000.

Amy Holt, NYS Land Conservancy and Ken Koehler, Erie County Environmental Management Council and member of the Board of Directors for the NYS Land Conservancy were present.

Amy Holt said the NYS Land Conservancy was brought into the process about a year ago after the residents voted in favor of acquiring land and conservation easements for open space protection purposes. First, a ranking process was set up so that as people applied their property was ranked based on the criteria. They sent out letters to all landowners with 10 or more acres asking if they were interested in enrolling in the project. They have received over 65 property owners interested in the program. Each property is given a number and the property owners name is removed so that as they are considered no one really knows whose property they are considering. They worked with the Recreation Advisory Council, Planning Department and Town Board to start working with the top 10 ranked parcels. Six of the properties were selected and they began working with the landowners. Independent appraisers were hired to come to terms with a price.

Ken Koehler said at the beginning of the project he created a document of the goals the Town had. He talked to the Town Board, Planning Department and attended soccer games to talk to residents to get a feel on what the open space land issues of the Town are. A document was created, which assisted in preparing a ranking system. This parcel had the second highest ranking in the first 50+ received. More are coming in. The criteria they looked at was the size of the parcel, potential for buffering from natural areas, wetlands, water bodies, water courses, floodplains, scenic resources, trees, wildlife habitat, and urgency of protection. They felt this area was desperately in need of protection. Development is approaching this area. There is also a chance to link it to other available parcels.

Speaking to the subject:

Brett Kreher, Pepperwood Lane said he currently farms that land with his brothers and cousins. As a farmer, it is a critical mass of land. As a resident, it helps to preserve the aesthetics of the Town.

James Blum, 5509 Martha’s Vineyard said he is in favor of this purchase. He understands that there was a mailing to potential landowners. He hopes we did not miss anyone because they did not receive their mail. He said this is to be protected as it is and not used for any other type of recreational use.

Amy Holt said they want to continue to reach out to property owners. This is a multi-year project. They will send out more mailings in the future.

Ken Koehler said the permissive referendum was under New York State Town Law, which allows for the purchase. The use of that money does not allow you to change the land use. Hopefully the Town will place a conservation easement on the property, which will further restrict it.

Supervisor Hallock said there is a possibility that a small portion will be purchased with recreation funds so that we can incorporate a north/south leg to the bike path. Amy added that as we purchase land, we do not want to have departments tripping over each other. We do not want to shut out recreation purposes like a bike path. They are trying to coordinate so that it benefits the Town.

Councilman Weiss commended the people who have worked on this project. Supervisor Hallock said many of them are here, Peter Wolfe, Peter Costanzo, Howie Johnt, John Burns, Hank Brodowski and Harold Enstice. She added that they have worked very hard on this.

Bob Lenz, 10531 Main St. complimented the Town Board for considering the purchase of this property and keeping it in its natural form. It is a good idea to keep a small section for a bike path. He looks forward to many more purchases like this.

Supervisor Hallock said as word is spreading, more and more people are contacting the Town.

Bill Henderson said he lives in the farmhouse. He noticed that the barns were excluded. James Hartz said that was an error. Mr. Henderson said you might want to address the corner. The one barn is historic and taking it down would ruin the corner. Supervisor Hallock said she did bring that up but they want it to remain under the Town’s control.

Doug Larkin, 5170 Bank St. said he is glad to see this. He encourages the Town to purchase the property to keep this area as green space.

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.

Councilman Bylewski asked if the property Mr. Henderson is referring to is a potential purchase? Supervisor Hallock said he has an interest in either purchasing or leasing the barns. The plan is to keep the barns in with the Town purchase. She is not sure about the land he is mowing.

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

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

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

William Kenyon requests Development Plan and Architectural Approval for construction of a new convenience store and gas pumping station at 5820 Goodrich Road. Don Swanson, Apex Consulting said they have worked on this project for the last six months and are asking for final approval.

James Hartz said there was a unanimous vote by the Planning Board to approve this project with the following conditions: 1. The vacuums have been eliminated; 2. Hours of operation will be 6:00 A.M. until 12:00 Midnight; 3. A demolition permit is required; 4. Approved landscape plan (on file); 5. PIP Permits are required from the Engineering Department for the pavement, storm drainage and site grading prior to any site work; 6. The lighting shall be a shoebox type of a shield; 7. Subject to commercial open space fee; 8. The capacity of the gas tank is not to be modified at this time; and 9. The sign will be brought into compliance.

Councilman Bylewski said there has been a lot of concern regarding placement of the pumps. He asked the applicant to address why they are being placed where they are. Mr. Swanson said initially they were placed in front of the building. As they went through the planning process, the Town preferred the pump islands be set to the side to keep more emphasis on the architectural appeal of the store. Councilman Bylewski said the Master Plan talks about the Clarence Center area and that we should be preserving the shallow setbacks. They have addressed this issue to keep it in character with the traditional neighborhood of Clarence Center. The Planning Board and the applicant have worked very hard to achieve that. The landscape plan is also extensive. Councilman Kolber said he commends the applicant for the design and architecture. His only concern is with the residents to the south. He asked if they have met with the residents. Mr. Swanson said he has not, but understood that Roy McCready was going to meet with them. He thought the result of that meeting was additional pine trees being added along that property line.

Councilman Weiss asked about the size of the trees. James Hartz said they are 5 to 6 ft. trees.

Supervisor Hallock asked the applicant if he was aware of, and in agreement with the conditions? He said yes.

Councilman McPherson said he is in favor of the project, but not on the location of the island. It was pointed out that in order to conform with the setback desirability, we have to put it there. The applicant said there was also an issue of nighttime use and headlights affecting other areas. Councilman McPherson said Martha’s Vineyard subdivision was created after that building was in place and the pump located where it is. He wishes we could have reached a solution whereby the building was placed and the resident to the south was not inconvenienced. However, there is no solution to that. The applicant said Roy McCready may have resolved some of those concerns.

Councilman McPherson said he does not know of any rejection or approval of the original plan. The applicant said the original plan was very different. He does not recall a formal rejection, but it was through the planning process. It was a working relationship.

Town Attorney Steven Bengart said the neighbors were notified according to our notification policy.

Councilman McPherson said he hopes that they do everything they can do to shield the residence to the south as much as they can.

Motion by Councilman McPherson, seconded by Councilman Weiss to approve the Development Plan and Architectural style for construction of a new convenience store and gas pumping station at 5820 Goodrich Road subject to the conditions set forth by the Planning Board on page 2004-85 as read by the Asst. Director of Community Development James Hartz. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said item 13 is withdrawn by a mutual agreement by the applicant and the Town. (Request by Forbes Homes for Development Plan Approval for Phases 2 and 3 for 25 Residential A lots in Roxberry Estates Subdivision.)

The request for Spaulding Lake Part 4, Phase 3 for Site Plan Approval for construction of approximately 1,200 ft. of Cobblestone Drive, 800 ft. of Rockledge Drive and 200 ft. of Stonecliff Court and including development of 29 PURD lots was held for the end of the meeting pending arrival of the applicant.

Jack Wilcox requests Concept Plan Approval for a 3-lot Open Development Area at 10352 Main Street. Mr. Wilcox said he submitted a drawing for consideration. He believes he will be able to comply with all requirements and would appreciate the Town Board’s consideration in this matter.

Councilman Bylewski asked if this project has to comply with the fire hydrant/sprinkler system requirement given the distance from the road? James Hartz said yes. Mr. Wilcox said he has correspondence from Erie County Water Authority and as he moves through the process, he will make that decision.

Councilman Bylewski asked if this project, as presented, complies with our Open Development Area Law? James Hartz said it does. The original approval for the existing lot in 1982 stated that any future lots on this parcel would require bringing the road up to Town standards.

Motion by Councilman McPherson, seconded by Councilman Kolber to refer the request by Jack Wilcox for Concept Plan Approval for a 3-lot Open Development Area at 10352 Main Street is referred to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Calvin Caruso requests Concept Plan Approval and a Special Exception Use Permit for development of a car wash at 6705 Transit Road. Phil Silvestri, Silvestri Architects and Calvin Caruso were present. Mr. Silvestri said they propose a 4,600 sq. ft. car wash building. The two existing buildings on the site would remain. A new driveway is proposed to allow for single stacking of 31 cars.

Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request for Concept Plan Approval and a Special Exception Use Permit for development of a car wash at 6705 Transit Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table item 17 – request by Martin Bronisz for a Temporary Conditional Permit for operation of a log cutting business in the Agricultural Zone at 4611 Shisler Rd.; and item 14 - request for Spaulding Lake Part 4, Phase 3 for Site Plan Approval for construction of approximately 1,200 ft. of Cobblestone Drive, 800 ft. of Rockledge Drive and 200 ft. of Stonecliff Court and including development of 29 PURD lots be tabled until the next agenda or until the applicants are made available. On the question, Councilman Bylewski said in regard to item 14, his firm has represented from time to time, businesses that Mr. Piestrak has been involved in. This is not one of them. It is his understanding that this does not represent a conflict so he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Women’s Club – June 7, 2004; B. Clarence Little League Football & Cheerleading – June 12, 2004; Legion Hall Applications – A. Clarence Log Cabin Quilters – June 30, 2004; B. Hanna Hossain – July 3, 2004; C. Robert Diederich – July 10, 2004; D. Susan Tomassi – Aug. 22, 2004; and E. Michael Coppola – Sept. 3, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review, the Town Board approves payment of the bills of May 20, 2004 as follows: General Fund - $142,321.81; Highway Fund - $14,765.04; Water District - $132,585.00; Central Alarm - $190,907.84; Fire District - $2,638.47; Lighting Districts - $948.32; Sewer Districts - $142.10; Capital Fund - $7,240.65; and Trust & Agency 203 - $80.00 for a total amount of $491,629.23. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Anne Case, 10013 Greiner Rd. spoke to the article in today’s Buffalo News entitled “Old Becomes New Again”. The developer says if Clarence does not want him, he will go somewhere else where they understand what he understands. They are talking about Domenic Piestrak and it says his revelation came about 8 years ago near Washington DC. He saw a new neighborhood built the old way like Elmwood or the villages of Hamburg or East Aurora. The article did not mention places like Clarence or Clarence Center, which were established in 1808. The article said 400 acres were too much for the Town to swallow.

Ms. Case said on May 22, 1992 the Planning Board minutes show that Mr. Piestrak was in the process of acquiring 600 acres and incorporating a golf course and affordable housing and townhouses referred to as Hidden Pond. He explained that it would be a continuation of a theme of existing homes in the area within walking distance of stores, bank, etc. The area is Clarence Center.

The Planning Board meeting of March 15, 1995, Chairman McCready asked Mr. Piestrak to consider putting in sidewalks and he said he would. It also states that Mr. Piestrak will personally approve the architecture and styles of the homes to be built in Hidden Pond. Harold Frey expresses his concern on March 6, 1996 for final plat approval that advertising for the development stated 3,000 sq. ft. of living space after there was a maximum set of 2,200 sq. ft. He was also disappointed by the look of the ranches when it was approved for Victorian style homes. A week later Mr. Piestrak states at a Town Board Meeting that he has a problem with the 2,200 sq. ft. house size because it was too restrictive.

George Grasser says in the article why not have a compact neighborhood, rather than spread it out. Ms. Case said the Town of Clarence tried to do just that, but Mr. Piestrak never built it.

Councilman Bylewski said with summer approaching, he wanted to remind everyone that they can obtain a Block Party Application from the Supervisor’s Office.

There being no further business, Supervisor Hallock adjourned the meeting at 9:04 P.M. in memory of Peg Callahan.

Nancy C. Metzger

Town Clerk