06/09/04


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, June 9, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Scott Bylewski led in the pledge to the flag, followed by a prayer given by Robert States, Parish Council President from St. Mary’s 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 Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of the previous meeting held May 26, 2004. On the question, Supervisor Hallock had a correction on page 201, “A Public Hearing was held to consider the purchase of approximately a 108 +/- acre parcel”, should be 180. 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 June 9, 2004 authorizing the construction of sanitary sewer improvements for the Town Hall and Library, stating the estimated maximum cost thereof is $35,000, appropriating said amount therefore, and authorizing the issuance of $35,000 bonds of said Town to finance said appropriation.

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 June 9, 2004 authorizing the construction of sanitary sewer improvements for the Main Town Park, stating the estimated maximum cost thereof is $100,000, appropriating said amount therefore, and authorizing the issuance of $100,000 bonds of said Town to finance said appropriation.

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

Motion by Supervisor Hallock, seconded by Councilman Weiss to set Public Hearing for Wednesday, July 14, 2004 at 7:45 P.M. to consider the purchase of approximately 21.4 acres of vacant land located on Gunnville Road in the Town of Clarence for a purchase price not to exceed $42,800. 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.

Motion by Supervisor Hallock, seconded by Councilman McPherson to award the bid for the Clarence Arboretum Project to Milherst Construction, Inc., being the lowest responsive bidder, at their bid of $198,999. On the question, Supervisor Hallock said the bonded and budgeted amount for this project is $250,000. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said we received a letter from Angelo Natale of Natale Building Corp. explaining that they are undertaking a very worthwhile project of building a house for the Make-A-Wish Foundation. The subcontractors have already stepped forward and pledged to donate their time or materials and in many cases both. Mr. Natale asked if the Town would waive the building permit fee. It is Town policy not to waive the building permit fee, but we will waive the recreation fee.

Motion by Supervisor Hallock, seconded by Councilman Weiss to waive the recreation fee for the Make-A-Wish Foundation home to be built by Natale Building Corp. On the question, Supervisor Hallock said we do have a policy of not waiving building permit fees and would like to remain consistent due to the hard costs to the Town. Councilman Bylewski added that by way of example, we did not waive the fees for the fire companies. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:

Whereas, the Ethics Board advised the Town Board on June 7, 2004, that despite a reminder letter sent to them on March 11, 2004 and a follow-up phone call by Town Board members who are liaisons to the committees they sit on, four individuals have not, to date, filed their 2004 Annual Disclosure Statement with the Town Clerk; and

Whereas, the Ethics Code adopted by the Town Board on January 20, 1999, Article IV, section 19.11[B] and Article VI, section 19.14 requires that all town employees (as defined in section 19.3 of the Ethics Code), newly hired, appointed or elected Town employees are required to file an Annual Statement of Disclosure; and

Whereas, the Clarence Town Board, upon the request of the Clarence Ethics Board send a letter to the four individuals; and

Now Therefore Be It Resolved, that the Clarence Town Board directs the Town Clerk to send the following letter to the four individuals who have not filed “Annual Statement of Disclosure for 2004”:

You have failed to file a 2004 Annual Disclosure Form as required by the Ethics Code, adopted January 20, 1999, Articles IV and VI. Please be advised that the 2004 Annual Disclosure Form is due by June 23, 2004. Failure to respond by that date will result in removal from the Town Committee you serve on.

On the question, Councilman Kolber asked if they should be sent certified? Councilman Bylewski said the recommendation is to send them certified and regular mail.

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

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant permission for a Block Party June 9, 2004 on Woodruff Drive. On the question, Supervisor Hallock said it is for today. The person was awarded a party from a contest and they had to have it within a few days. All proper authorities were notified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant permission for a Block Party July 4, 2004 on Garrock Road between Clearview Drive and Red Tail Run. On the question, Supervisor Hallock will notify all proper agencies. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve expenditure of $5,000 for fireworks at the Day in the Park event to be held on July 3, 2004. On the question, Supervisor Hallock said the amount is budgeted in Account A 7550.419. Councilman Kolber said he is a member of the Girls Softball Board, however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that at the June 2, 2004 Town Board work session, a motion was passed authorizing the Supervisor to sign a contract with Lucy Curley & Co., Inc. as Grant Consultant.

Supervisor Hallock announced that Theresa Benson, the Clarence member of the Environmental Management Council has moved. There is now an opening on the Council and anyone interested should apply at the Supervisor’s Office.

Supervisor Hallock said a new fountain has been installed at the Main Street Town Park. Senator Mary Lou Rath provided the Town with a grant for the fountain. She suggested that everyone stop by to see it.

Supervisor Hallock said at the last meeting she mentioned that a public hearing would be held tonight for the purchase of land on Rapids Road. It is actually going to be held on June 23 rd.

Supervisor Hallock said she is pleased to announce that the Town of Amherst Department of Emergency Services received an award notice about a Safety Education and Training Grant for $32,500. It was a joint venture application through the NYS Department of Labor Hazard Abatement Board with the Towns of Amherst, Clarence, Lancaster, Tonawanda and the Village of Williamsville. The training will probably not occur until the fall and will involve employees in the Clarence Parks and Highway Departments.

Supervisor Hallock announced that last week she had the honor of attending an event honoring Wilson Greatbatch as the recipient of the 2004 Schoellkopf Medal, the oldest award of the American Chemical Society. Mr. Greatbatch was honored for his invention of the implantable pacemaker and the development of the battery system to power it, impacting and enabling worldwide an improved quality of life for millions of individuals with heart disease. It was a pleasure to be at the presentation and to witness Mr. Greatbatch receiving the award.

Councilman McPherson said we have the speed trailer from the Sheriff’s Department that we have been deploying around town. It records your speed as you approach the trailer. We are trying to put it in subdivisions. It should be very helpful to remind people to slow down, as the speed limit in our subdivisions is 25 mph.

Councilman McPherson said we also have speed counters put out at the request of residents. One is located at the east portion of Keller Road. If there is an adjustment to be made to the speed limit, we will put in a request to the County.

Councilman McPherson announced that the Senior Center has openings on their Board. They are asking for people who have some experience in social services, sociology issues, consulting and those type fields. Anyone interested can apply at the Supervisor’s Office.

Motion by Councilman McPherson, seconded by Councilman Bylewski to grant permission to Clarence Center Vol. Fire Company to hold their Annual Labor Day Parade in Clarence Center on Monday, September 6, 2004. The parade starts at 1:00 P.M. with lineup in the Pine Breeze Subdivision at 12:30 P.M. The route will be south on Goodrich, east on High, south on Elm and west on Clarence Center to the fire hall. All traffic controls are being handled through the fire company. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said he is pleased to announce that we finally have a Collective Bargaining Agreement that the Town Board can ratify.

Motion by Councilman McPherson, seconded by Councilman Kolber to ratify the Collective Bargaining Agreement, which upon ratification by the Collective Bargaining Unit, will become their contract for three years beginning 1/1/04. On the question, Councilman McPherson said this is a collaborative effort by the Supervisor, himself and the committee. He also expressed appreciation to the Bargaining Unit representatives who formed their negotiating team. They worked in the interest of the Town and were contributors to what he feels will be a fine agreement. He also recognized the efforts of the Supervisor’s secretary, Karen Jurek who kept updating all of the drafts. She did a great job and it was appreciated. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Central Alarm Operations Report for May 2004. Town of Clarence fire companies responded to the following: Structure fires – 1; Motor vehicle fires – 2; Miscellaneous fires – 16; EMS calls – 99; Motor vehicle accidents – 16; and Miscellaneous calls – 31 for a total of 165 alarms.

Councilman Bylewski announced that on May 3, 2004, the New York State Office for Technology awarded M/A-Com the contract to create a Statewide Wireless Network. This is to help the communication for emergency agencies. The website address for more information is http://www.cio.state.ny.us/CIO PressRelease SWN.htm.

Councilman Bylewski said a communication was received from the NYS Dept. of Environmental Conservation (NYSDEC) regarding BDT. The letter dated May 19, 2004 from the NYSDEC to a representative involved in the closure of Clean Harbors BDT stated that their letter was reviewed concerning the parameters that were exceeded in the report regarding the closure. The letter specifies a plan to re-wash and re-sample the affected buildings and areas according to the NYSDEC. The plan was discussed with the Central Office of the NYSDEC and determined to be appropriate.

Councilman Bylewski said a flag is hanging outside the Planning and Zoning Department in recognition of the 2004 Quality Communities Award for Excellence they received in conjunction with the Town of Amherst Planning Department. They should be congratulated for their efforts.

Councilman Bylewski said there is a vacancy on the Landscape Committee. It is limited to Planning Board members only. We do have a member interested, but he is mentioning it in case any other members are interested. He will act upon this item at the next meeting.

Councilman Bylewski asked the Town Engineer to prepare an update on our building permits. May 2003: 20 permits in subdivisions; 16 outside of subdivisions; total permits issued year-to-date at the end of May 2003 was 81permits. May 2004: 12 permits in subdivisions; 9 permits outside of subdivisions; total permits issued year-to-date at the end of May 2004 was 75 permits. There is a difference of 6 permits less for 2004. Of the 75 permits issued to date for 2004, 53 are in subdivisions and 22 are outside of subdivisions. Building and development are still going on in the Town, despite the moratorium.

Councilman Bylewski asked Director of Community Development James Callahan to give an update as to the action items under the moratorium.

James Callahan said the Planning and Zoning Department has completed the 4 th Draft of the comprehensive zoning law and forwarded it to the Planning Board for review. They have also completed the zoning map associated with Draft 4 based upon input from the Planning Board at the April meeting. The next step is to legally describe the new zoning map and send notification to property owners. The Planning Board will hold a public hearing on the proposed map and Draft 4.

A preliminary meeting with Freilich, Leitner and Carlisle is being coordinated to commense the Adequate Public Facilities Law.

The new subdivision law is being prepared for initial distribution and they hope to have it ready by the end of the month.

Mr. Callahan said in terms of a Parks and Recreation Master Plan, they are scheduling interviews with consultants who have submitted proposals.

Councilman Bylewski asked if the 4 th Draft of the zoning law was available on the website? Mr. Callahan said it will be next week.

Councilman Weiss said the Town has a policy to supply free mulch for the residents. The pile is located next to the bike path at Railroad Street. We have had problems and Highway Supt. Ron Witnauer asked him to bring up the issue. People have been using a loader or other type of commercial equipment to load the mulch. The policy for picking up mulch is as follows: you must be a Clarence resident; no business contractors; and no motorized equipment can be used for loading.

Motion by Councilman Weiss, seconded by Supervisor Hallock to award the bid for the New Street Sweeper and Catch Basin Cleaner for the Highway Department to Cyncon Equipment Inc. at their bid of $149,700. The money for this equipment is available through the 2001 Equipment Bond. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to appoint Charles Walker as part time summer help in the Highway Department effective June 1, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize the transfer of funds for the Engineering Department in the amount of $290 from account A 1440.220 Equipment and $310 from account A 1440.470 Expense and Travel to account A 3620.435 Special Projects. On the question, Councilman Weiss said the purpose is to provide a telephone system for the Building and Engineering Departments. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the transfer of funds for the Building Department in the amount of $1,200 from account A 3620.454 Radios to account A 3620.435 Special Projects. On the question, Councilman Weiss said this is also to be used for the new phone system. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the installation of a new updated phone system in the Building and Engineering Departments at a cost not to exceed $4,965.32 and to authorize the Supervisor to sign the purchase agreement between BN Systems and the Town of Clarence, subject to the approval of the Town Attorney. On the question, Councilman Weiss said the phones being replaced will be used in other departments. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss congratulated Jim Burkard from the Parks Department. There was a situation at one of our schools to have a camp in Franklinville and there was a shortfall of a several hundred dollars for life preservers and a swimming instructor for a day. Jim put the bite on the Safari Club International for $700 and made sure the kids were well taken care of on this trip.

Councilman Kolber had a request from the Parks Department. Last week there were two events going on at the same time, Lobsterfest setup and Senior Class Day. They have requested that these two events not be scheduled together.

In regard to Public Participation, no one spoke.

A Public Hearing was held to consider the request by Joe Frey, 9992 Main Street for a Temporary Conditional Permit for limited commercial access to Kraus Road. James Callahan said the property is located on Main Street, east of Kraus Road with frontage in the Commercial Zone and Agricultural and Residential to the rear. The applicant is seeking expansion to the existing facility originally approved in 1992 including limited access to Kraus Road. The project was introduced to the Town Board in March 2004 and referred to the Planning Board for review. The Planning Board recommended pursuing a Temporary Conditional Permit to control access to Kraus Road to advance the expansion concept. The purpose of the public hearing is to consider controlling access to Kraus Road for commercial vehicles related to the business.

Douglas Klotzbach, K2M Architects was present representing the owner. The purpose is to gain access to the two buildings to the west. The reason for opening Kraus is for the wholesale portion of the business and non-public access.

Speaking to the subject:

Jacque Georger, 4800 Kraus Rd. presented petitions stating “to disallow Frey’s Olde Time Furniture from opening the east entrance gates on Kraus Road for the purpose of commercial traffic. We the neighbors of Kraus Road deem this a safety hazard to families and people walking to and from Berrafato’s Restaurant and Red Apple-Citco Gas Station.”

Mr. Georger said the Kraus Road residents have had this issue since 1972. Town Board minutes show of complaints regarding dangerous trucking conditions involving a commercial business near their home. The minutes of Sept. 28, 1994 Councilman Gregorio said he was given a petition containing 59 signatures of residents appealing to the Town Board to disallow Frey’s Olde Time Furniture from using the gates on Kraus Road for delivery. It was stated that the Town Board would not approve any use of the gate on Kraus Road. March 15, 1995 minutes also state the Town Board would not allow delivery use and could only be for emergency purposes.

Mr. Georger said the picture on the petition from 2003 shows vehicles for sale and piles of pallets. He complained to the Town and then a free sign was placed on the pallets.

David Helms, 4826 Kraus Rd. said he lives directly across from the Mann property. He has water that flows from across the street through his property and settles at the back of his lot. He has documentation that in 1998 Mr. Frey received a special permit pending approval of drainage. The drainage was approved, however, he has been getting flooded out for years. He counted about eleven trees across the street in the flow path that are dead. The Town Engineering Department has been measuring the water levels for the last year. He was told that the study might go on for another year. If Mr. Frey puts up additional buildings without addressing the flood problem, it is going to bring more problems. It is bad enough that he has blacktopped 6-7 acres of his property. Maintenance of his property is another issue. He presented photos. He is concerned that the buildings are for leasing possibilities.

Elaine Dinola, Kraus Road lives almost directly across from the access to Mr. Frey’s property. Gates will cause turnarounds and hazards to people and children walking in that area. The Town has a landscape ordinance to help preserve a healthful and pleasant environment, to avoid excess noise, pollution, dust and truck headlights shining in resident’s windows. People on Kraus will be affected by all of this if these gates are open. Only three people did not sign the petition. The neighbors of Kraus Road ask to keep the gates closed for their health and safety.

Marilyn Georger, Kraus Road read a letter from a neighbor, Mrs. Palermo who was unable to be here. She requests more time be taken to research the affects on the neighbors.

Supervisor Hallock read e-mails she received regarding the issue.

Smiley Terrace resident – Stated that several years ago access was limited to fire and emergency vehicles only. Pedestrian traffic has increased in the area, which makes it unsuitable for commercial traffic. They urge the Town Board to keep the restrictions in place and they appoint Jacque Georger as their spokesman regarding this issue.

Kraus Road resident – Highly oppose the proposal for access on Kraus Road by Frey’s. The commercial traffic will be hazardous to the growing number of children on this street. Much of the traffic has disregard to speed limits already. Why mess with this area anymore when we do not know what the problem is with Mann’s or the severity of it. The expansion of the mobile home park with increased traffic makes it difficult to get onto Main Street. We do not need more commercial traffic to make this area even more unsafe.

Lisa Mann wrote on behalf of her neighbors. When she lived on Kraus Road, Mr. Frey chopped down her trees, dug ditches in her yard and caused her property and home to flood. His employees antagonized her doges and her. She was questioned about a fire in one of his warehouses that happened when she was not in Town. Mrs. Mann and her husband made numerous complaints, all with no action against this man. She did not have the money to hire a civil engineer to correct the property line and after all of the harassment was exhausted and fearful that he might harm her family or pets.

A year after being evacuated form her home with sick family members and pets, she found out that he was storing fertilizers and pesticides less than 10 feet from where her children played.

Mrs. Mann said she cares for her neighbors and the people in Clarence, as they have been very kind. She hopes these issues will be considered when making the decision.

Smiley Terrace resident – Opposition to use of the Kraus Road access by delivery trucks and other traffic. Kraus Road is a residential street and will be jeopardized by heavy truck traffic. The newly repaved road and lawns could be damaged as they turn in and out of the access. There will be additional noise and fumes from trucks further destroying the quiet residential atmosphere. There appears to be ample driveway space from Main Street and he does not understand why additional access is necessary. He urges the Board to deny access from Kraus Rd.

Evelyn Dunn, 4950 Kraus Road said there are a significant number of children in the area. They frequently walk in the area and there are no sidewalks. She does not think it is safe to allow truck traffic on this residential road.

Jeanette Helms, 4826 Kraus Road said Mr. Frey said he would address some of the issues. She understands some of the property is actually owned by Quik Fill. How does he intend to handle snow removal from that boxed in area? There is a broken gutter on the building. The buffer zone is in jeoproady. Mr. Frey has many options such as the entrance on Main St., the ability to purchase the property next door, or reconfigure the buildings. The residents have no options. They elected the Town Board to look out for the residents and not one individual.

Councilman Bylewski asked for clarification regarding the trees that were taken down and whose trees they were.

Joe Frey said they were his trees. The branches were growing into the gutters. Mr. Frey said this is the same as the last time he was here with all of the slanderous comments being made. The trees that were cut were scrub trees. Most of it was cut down because it was in the gutters or leaning against the buildings. The trees were all on his property. Any ditches that were dug were because they took dirt from his property and put a berm where the swale came down to keep it from draining. It created floods in the back of the warehouse. Mr. Frey dug a channel to allow the water to flow where it has always flowed. He does not have 7 – 8 acres of pavement. Mr. Frey said the Mann’s are sick and the people raised money for them, but not one did they mow their lawn last year. He does not understand why he is the only one getting picked on. The Board has a hard decision to make. He has the same concerns. When he goes to Clarence Center to visit the bank or the coffee shop, there is truck after truck traveling through the intersection. That is a smaller knit community than Kraus Road.

Mr. Frey said he would address the snow as it happens. They will do what it takes. As far as ownership of the property, when he bought the property the tree line was already there. He is not sure of that yet.

Tammara Ditmer, 4915 Kraus Road finished Mr. Georger’s presentation. Pictures were submitted regarding upkeep of the property. There was maintenance done just four days prior to this meeting. Mr. Georger is concerned about trucks using his driveway to assist in turning around.

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.

Councilman Bylewski said Clarence Center was mentioned regarding the traffic, and it is his understanding that there are no sidewalks on Kraus Road. James Callahan said that is correct. Councilman Bylewski said he has heard the concerns of the neighbors and Mr. Frey has attempted to address them. However, he is still concerned because in reviewing our law regarding Temporary Conditional Permits, it states that consideration shall be given to the quiet enjoyment of the surrounding residents.

Motion by Councilman Bylewski, seconded by Councilman Weiss to deny the Temporary Conditional Permit for limited commercial access to Kraus Road. On the question, Councilman McPherson said he has two major issues. One, Clarence Center Road and Goodrich Road are County roads, and Kraus Road is a Town road. We just paved the northern portion of it. He is concerned about trucks tearing up the road. He does not understand the recommendation to put a sidewalk to the northern part of the property, which would attract people to walk there. He was here when this was addressed before. As much as he would like to accommodate a businessperson, he does not think it is appropriate.

Councilman Weiss said he talked to Mr. Frey and suggested he talk to the neighbors about their concerns and he did not.

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

A Public Hearing was held to consider the request for a Temporary Conditional Permit for an automotive sales operation at 10939 Main Street. James Callahan said the location is the south side of Main Street, just east of the Newstead border in the Commercial Zone. The Master Plan recommends that the property remain in the Commercial classification. The proposed project was referred to the Planning Board. The Clarence Hollow Association reviewed the project and forwarded recommendations to the Planning Board. The Planning Board forwarded a recommendation with the following conditions: develop a stonewall along the Main St. frontage; landscape plan approval by Landscape Committee; lighting controlled downward; no backlit signage; maximum of 20 vehicles for display; hours of operation to be 9:00 A.M. to 7:00 P.M. Monday thru Saturday and 12:00 to 4:00 P.M. on Sundays; one curb cut for the business; and no automotive repairs.

Speaking to the subject:

Bruce Waasdorp said he owns property at 10931 Main St. and he sees no reason to deny this man. It could only be positive, compared to what it looks like now.

Kevin Gallagher, the applicant said he did meet with the Clarence Hollow Association to get suggestions and their feedback. He wants to work with the people. He would like to run a clean used sales operation. He will work with the Landscape Committee.

Councilman Bylewski asked if striping on the lot was considered? James Callahan said it was not included in the Planning Board recommendation. Councilman Bylewski said we did require it at a location in Swormville. Mr. Gallagher said he would be willing to do whatever it takes. Councilman McPherson asked if it was required by the Clarence Hollow Association? It would seem to him that in an effort to keep the Hollow as quaint as possible, it might be a disadvantage. James Callahan said they did not get into striping.

With no one else speaking to the subject, motion was made by Councilman McPherson, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski to grant a Temporary Conditional Permit for an automotive sales operation at 10939 Main Street, subject to the recommendations of the Planning Board, with striping of the parking lot provided that the Clarence Hollow Architectural Committee is in support of it. Councilman Kolber said he was always told the policy of Clarence was that used car sales was allowed in conjunction with new car sales. He does not know how we can say yes now and then down the road tell someone else no. Councilman McPherson said the Town Board has the discretion based on the individual request. Councilman Bylewski said it is arbitrary only if you do not have a valid rational reason. The crux of the Temporary Conditional Permit is to preserve the quiet enjoyment of the residents. Bruce Waasdorp said he is a member of the Clarence Hollow Association and they do not have a problem with it and he is willing to go along with all the restrictions. Councilman Weiss said we do not know they are for it, there was a group in the organization that helped him. He thinks it will not add to the charm of the Hollow. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

A Public Hearing was held to consider the request for rezoning property from Agricultural to Residential A to accommodate the proposed Fox Trace East Subdivision. James Callahan said the location is the south side of Greiner Road, east of Harris Hill Road consisting of 58 +/- acres zoned Agricultural. The Master Plan recommends the area to be in a Residential classification. A Negative Declaration was issued 12/17/03. The Planning Board recommended concept approval 3/17/04.

Sean Hopkins, Renaldo and Palumbo spoke on behalf of the applicant. The original layout was 92 lots, 6 cul-de-sacs and no parkland. There have been approximately 20 public meetings on this project. As a result, it was reduced to 77 lots, and approximately 4.5 acres of usable public parkland. They increased the lot sizes along Meadowbrook. They believe it is in compliance with the Master Plan. Also present is Fred Cimato, Cimato Bros. Inc. and Vic Martucci, Marranno Marc Equity.

Speaking to the subject:

Paul Thoms, 5035 Meadowbrook Rd. said details of the issues still need to be resolved to the satisfaction of everyone. The issues were written in a letter from William Conwall and a letter he wrote dated April 5 th. Details of how this development will look now and how it will weather in the future is of serious concern. Mr. Thoms said he looks to the Town Board to find out the details and specifics before the project goes forward regarding such items as the green space, buffer zone, trees, underground wires, association fees, drainage ponds, etc.

Jay Wopperer, 5225 Meadowbrook Rd. said one issue is going to be traffic. He asked if this project falls under the moratorium so that the new zoning laws are in place. It seems the precious sewer capacity should be given to existing areas first. He wonders if a sewer district should be formed first? A study should be done to see if there are gypsum mine tunnels under this property. A good stormwater runoff plan should be put in place. West Nile monitoring and treatment should be done in the pond.

Jeff Hennard, 5105 Meadowbrook Rd. said they hear the drainage will be taken care of. He is also concerned about maintenance of the pond. Traffic congestion is of great concern and possible overflow to Meadowbrook. He feels it is premature to move along without the new zoning laws are in place.

Harrison Carroll, 8730 Greiner Rd. said most of his concerns have been mentioned. He asked that the traffic impact be considered. This area is already overburdened from the original Fox Trace, the church, Loch Lea, etc.

Arden Bender, 5025 Harris Hill said he lives in one of the homes on the access road there. They built their home that way in anticipation of a subdivision going in some day. They are somewhat excited about it. He is in favor of the rezoning.

Supervisor Hallock said she received two letters. Resident of Meadowbrook stated they are opposed to this development for reasons of traffic, drainage, lack of green space, and additional air and noise pollution.

Resident of Meadowbrook wrote in support of William Conwall’s letter of June 16, 2003 and Paul Thoms’ letter of April 5, 2004 asking for details of all future plans. From a safety and traffic standpoint, we do not need another road entering and exiting on Greiner Road in this area. Sewer capacity issues for existing residents before new development. Mr. Conwall’s letter addressed the issues of welands, soil contamination, etc. and who would be responsible for any subsequent problems.

Sean Hopkins said the Town has issued a Negative Declaration. A lot of the environmental issues have been looked at by the Town of Clarence, Erie County, NYSDEC and the Army Corp of Engineers. Wetland delineation was submitted indicating there may be a minor impact on wetlands. The applicant will have to obtain the appropriate permits. Archeological report was prepared and submitted and there were no significant cultural resources on the project site. They are well aware of soil conditions. As a result of the new International Building Code, prior to any construction activities, a soil boring has to be submitted to the Town. The foundation for a home would have to take the soil conditions into consideration. Erie County commented on traffic indicating that a traffic impact study would not be required, and that no improvements would be required.

Mr. Hopkins said several neighbors have participated in this project. Some of their comments are issues that will have to be addressed as the project moves forward. They are only here this evening to seek rezoning. They have made the commitment to keep the neighbors informed. It is their position that the moratorium does not apply to this project. Mr. Bengart shared in this position last week. That may have changed and he does not know what the position of this Board is. This project is not subject to concept plan approval.

Councilman Bylewski asked if this is proposed as a sewer extension of Erie County Sewer District No. 5 or to create a new sewer district? Mr. Hopkins said he believes it is an extension of Sewer District No. 5. They have been told that as of now, capacity does exist. However, when this project is approved, the capacity may not exist. If it does not exist, the project will not move forward. There has been discussion that if a sewer district was created, Meadowbrook would be included. Councilman Bylewski asked if that is opposed to an extension. Mr. Hopkins said he means extension, but the decision will be made by the Engineering Department, NYSDEC, Erie County and Amherst.

Councilman McPherson said in terms of the Master Sewer Plan, when the sewer plan creation was initiated, along with the Master Plan, this project was under application. The Meadowbrook area would be included once the line reached that far. It addresses the issues of using sewer capacity for existing before new. In order for us to address existing pollution issues, it had to be a collaboration with new sewer requirements to run the lines economically for the existing properties.

Councilman Kolber said it is a very short to Meadowbrook to add existing homes before new. He also asked about the issues of access to the subdivision. James Callahan said the Planning Board reviewed this and recommended this layout. He read the Planning Board recommendation.

Sean Hopkins said there were discussions about the six cul-de-sacs by the Planning Board and the Highway Department. There are two access points. They sacrificed the cul-de-sac lots and are still in excess of the requirements of Residential A zoning. Councilman Bylewski said this rendering is the best that was submitted and complies with the Master Plan. The issue regarding the length of the “circle” was addressed. Sean Hopkins said the project sponsor does not own the land to Sheridan Drive.

Councilman McPherson asked what is the position regarding the moratorium? Town Attorney Steven Bengart said after reviewing the Subdivision Law, subdivision review process and the moratorium law, it is his opinion that the Board should move forward with this.

Victor Martucci, Vice President of Marrano Marc Equity Corp., and resident of 10040 Highview Ct. spoke as a petitioner and a resident of Clarence. They have taken the issue of working with the residents of Meadowbrook very seriously. He has made a personal commitment with them. They believe they have come up with a plan that is a happy medium for everyone. The Master Plan gives the developer a guideline of where to develop in the Town and this is in consistent with that.

Sean Hopkins reiterated the commitment to the residents. If approved, one of the next steps is to submit engineering plans and comply with the checklist. The neighbors will be informed regarding the status.

Jeff Hennerd, Meadowbrook Rd. said it is his understanding that the project does not clearly meet the Master Plan regarding the amount of greenspace.

Sean Hopkins said the project sponsor asked the Town to choose what they would like, the recreation fee or public parkland. They are somewhat short of the 8% required. They have agreed to pay the difference of the percentage shown and the percentage required. Landscaped islands would be subject to the input of the Highway Department.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Byelwski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski asked if the project does comply with the Master Plan. James Callahan said in terms of land use, yes. Councilman Bylewski said in the past we have approved rezoning in association with a project. The project is also approved at what stage it is at that point in time. One of the conditions of the Planning Board was to submit a completed development plan checklist for the major residential subdivision. He asked if that was in the file? Mr. Callahan said no.

Sean Hopkins said why would they do engineering before rezoning approval. He understands it to mean that if the rezoning is approved, they have to comply with that and they will. Basically, you could label this as a sketch plan.

Councilman McPherson said if a parcel of land is rezoned in anticipation of a particular project, that does not mean the development plan has to be approved. Sean Hopkins said they have to go to the next step of a more technical review.

Mr. Thoms asked if the development plan goes through the same process and the Board can say no at any time? Councilman McPherson said the parcel would be rezoned for Residential A, which is in compliance with the Master Plan. Then the development plan is submitted and will have to comply with all regulations and pass through all of the agencies with issues. Mr. Thoms asked if it did not pass, would the zoning go back to Agricultural? Councilman McPherson said once it is rezoned, it will stay.

Councilman Bylewski asked the Town Attorney if it would be appropriate to require that the development plan checklist be met before we act upon rezoning. Mr. Bengart said he does not know the answer to that.

Councilman McPherson said the Planning Board forwarded the recommendation to rezone the property and it says to submit a checklist with development plans, etc. It is a future action. James Callahan said that is correct.

Sean Hopkins said he knows of nowhere in Western New York where that is being done. Councilman Weiss asked Mr. Callahan if it has been done? Mr. Callahan said not that he is aware of.

Councilman Kolber asked Mr. Latona at a previous meeting what sewer district this is in. He said it is not and we would have to create one. Councilman Kolber said he is opposed to extending or creating a sewer district when we have limited capacity. We are taking away from areas that are in need of mitigation.

Councilman McPherson said he knows that this project hinges on capacity at the time. The capacity already exists for polluted areas at the Town of Amherst sewage treatment plant. The problem is getting it there.

Sean Hopkins said they are bringing the line to that area from the Wesleyan Church and sizing the pipe to accommodate Meadowbrook.

Councilman McPherson said if Meadowbrook residents were to get sewers without this project, it would cost them considerably more to pay the debt requirements. This is why you have to combine the new with the old in some cases.

Motion by Councilman McPherson, seconded by Supervisor Hallock to grant rezoning property from Agricultural to Residential A to accommodate the proposed Fox Trace East Subdivision, subject to the items indicated by the Planning Board. On the question, Councilman Kolber said he is opposed to adding to or creating or utilizing precious sewer capacity that could be used for existing areas on new developments. Councilman Bylewski said with the clarification set forth that the next step will be the development plan layout. We are just dealing with the rezoning as set forth in our Master Plan. He does not see how he can vote against it. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

Domenic Piestrak requests Site Plan Approval for construction of approximately 1,200 ft. of Cobblestone Drive, 800 ft. of Rockledge Drive and 200 ft. Stonecliff Court and including development of 29 PURD lots for Spaulding Lake Part 4, Phase 3. James Callahan said this is an extension of the Spaulding Lake PURD. All regulatory agency and department approvals are in order. Domenic Piestrak said they are also reconstructing Hollingson Road up to the intersection with Donnington. They are also connecting a waterline. Two of the lots will remain as open space. Mr. Piestrak will pay the cost for the resident who has to change his address. Supervisor Hallock asked that he talk to him soon.

Motion by Councilman McPherson, seconded by Councilman Kolber to grant Site Plan Approval for construction of approximately 1,200 ft. of Cobblestone Drive, 800 ft. of Rockledge Drive and 200 ft. Stonecliff Court and including development of 29 PURD lots for Spaulding Lake Part 4, Phase 3. On the question, Councilman Bylewski said his firm has represented from time to time corporations that Mr. Piestrak has been involved in. This is not one of them, so he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Martin Bronisz requests a Temporary Conditional Permit for operation of a log cutting business in the Agricultural Zone at 4611 Shisler Road. Lynn Bronisz was present. James Callahan said the location is on the east side of Shisler Road, south of Main Street. The property consists of approximately 1.68 acres in the Agricultural Zone. The Master Plan identifies this area in a residential classification. Councilman Bylewski said there are some concerns regarding conditions that would be set.

Motion by Councilman Kolber, seconded by Councilman McPherson to refer the request for a Temporary Conditional Permit for operation of a log cutting business in the Agricultural Zone at 4611 Shisler Road to the Planning Board. On the question, Councilman Bylewski said we will try to get this through the process as expeditiously as possible. Upon roll call – Ayes: All; Noes: None. Motion carried.

Hayes Fish Store requests a Building Permit and Architectural approval for construction of a new store at 8900 Main Street. Frank Wailand said they are proposing a fish market for the corner of Main Street and Shimerville Road with an inside eating area. They have two other locations and serve many residents of Clarence. Mr. Jaus lives in Clarence and thought this would be a wonderful location for his business. They are currently reviewing the project with the Engineering Department and addressing their concerns.

Councilman Bylewski said a topic of discussion has been the architectural style. He is in favor or referring this to the Planning Board to work out some architectural issues. In particular, page 13 of the Master Plan talks about the area of Harris Hill in the traditional neighborhood development. Page 24 of the Master Plan refers to adopting minimum architectural standards, including but not limited to encouraging a federal style of architecture.

Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request for a Building Permit and Architectural Approval for construction of a new store at 8900 Main Street for Hayes Fish Store to the Planning Board for study of the usage and the architecture. Councilman Weiss said he is not enamored by the fact that there have not been any more changes. Supervisor Hallock said there was a change from the first version to the second. Councilman Kolber said he is in favor of the concept, but it is a question of working out the architectural style. Supervisor Hallock said she hopes they can move it forward quickly. Councilman Bylewski said it is not an effort to delay the project, but to speed it up to get some architectural style comments. Upon roll call – Ayes: All; Noes: None. Motion carried.

Tully’s Restaurant requests a Change-In-Use from vacant to new restaurant and Architectural Approval for development of a new restaurant at 8070 Main Street. James Callahan said the location is the Clarence Mall at Main and Transit in the former vacant warehouse liquor store. The architect said they are very anxious to move into this area. They have been moving this way from Syracuse. The architectural style is the same on all of their buildings. They will re-stripe the lot and a few landscape areas will remain. Councilman Kolber said he would like to see an increase in the landscape. James Callahan said there is no reason to send this to the Planning Board, since architectural approval is by this board. It should go to the Landscape Committee and the Engineer. Councilman Bylewski said this is different than the previous project because it is not in the traditional neighborhood area.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant a Change-In-Use from vacant to new restaurant and Architectural Approval for development of a new restaurant at 8070 Main Street to Tully’s, subject to review and recommendation by the Landscape Committee and Engineering approval along with drainage. On the question, Councilman Weiss said he thinks it is a great use of the building and they run a good operation. Upon roll call – Ayes: All; Noes: None. Motion carried.

Angelo Natale requests amended Concept Plan and Development Plan Approval for construction of a 4,500 sq. ft. office building at 9286 Main Street. James Callahan said the location is the north side of Main Street, east of Thompson Road in the Commercial Zone consisting of approximately 1.72 acres. The Master Plan identifies the area in a commercial classification. He would like to change the approval for a storage building to an office building. Angelo Natale said his original intention was to construct a metal building to store his building supplies and equipment. He has had strong inquiries about office space, so he is proposing a 4,500 sq. ft. office building.

Motion by Supervisor Hallock, seconded by Councilman Kolber to refer the request for an amended Concept Plan and Development Plan Approval for construction of a 4,500 sq. ft. office building at 9286 Main Street to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to approve the request by Tom Burton for a Fireworks Display Permit for July 3, 2004 at 4900 Pineledge Drive. All appropriate fees and approvals are in place. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to approve the request by Clarence Center Vol. Fire Company for a Fireworks Display Permit for Sept. 5, 2004 at 9415 Clarence Center Road. All appropriate fees and approvals are in place. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant approval for the following: Clubhouse Applications – A. Clarence Lions Club – Sept. 9, Oct. 14, Nov. 4 and Dec. 2, 2004; B. Clarence Holiday Valley Ski Club – Sept. 26, 2004; C. Clarence Recreation – June 12, 2004; and Legion Hall Applications – A. Wendy Kelkenberg – July 25, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of June 3, 2004 are approved for payment: General Fund - $387,309.80; Highway Fund - $31,255.46; Water District - $47,681.09; Sewer District - $516.41; Capital Fund - $8,266.78; and Trust and Agency 203 - $6,904.50 for a total amount of $481,934.04. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 10:10 P.M. in honor of former President Ronald Reagan, the 40 th President of the United States.

Nancy C. Metzger

Town Clerk