06/13/07


A Work Session of the Clarence Town Board was held on June 13, 2007 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 Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Town Engineer Joseph Latona and Director of Administration and Finance Pam Smith.

Director of Community Development - James Callahan

Public Hearings:

Louie's Car Clinic 9385 Main
A public hearing has been scheduled for 7:45 PM to consider the request for a Special Exception Use Permit for automotive sales at 9385 Main Street.
Applicant is proposing to display additional vehicles for sale at this location. An amendment to the existing Special Exception Use Permit will be required as the current permit allows vehicle repairs and the display of two vehicles. The proposed site is located on the south side of Main Street, west of Goodrich Road in a Commercial Zone. Councilman Casilio stated that he has concerns about the Budget Rental trucks being stored at this location.

Councilman Kolber stated that in 1994 there were two separate public hearings, one for auto repair and one for auto sales. Copies of the minutes were distributed.

James Callahan has been working with Joseph Pollak since 1996 and he is very familiar with the business. He has always enforced the agreed upon condition that Mr. Pollak could display no more than two vehicles for sale. His principal use being a repair shop but always held that no more than two vehicles could be displayed which is a condition that he always abided by even though he did not always have vehicles for sale. The 1996 Special Exception Use Permit was issued identifying that all conditions he previously agreed upon would be carried forward. One of those principle conditions was that he had no more than two vehicles for sale. Mr. Callahan made this condition very clear to Mr. Pollak and to Louie when he came in to apply for his permit. He understood that he could only display two vehicles stating that it would not be a problem because his business was mainly vehicle repair. Mr. Callahan stated that his office has always enforced two vehicles for display; it was an intended condition even though it is not specifically spelled out in the minutes but it was clearly part of the approval process. Louie was made aware of that and for the most part he has abided by these conditions. He has bought in more business and he has become busier but there have never been more than two vehicles for sale. Councilman Casilio questioned the storage of budget rental trucks and if approval was given for the storage of trucks at this site.
James Callahan stated that the scheduled public hearing is to consider additional display of vehicles.

Louie's Deli 8226 Main Street
A public hearing has been scheduled for 7:55 PM to consider the request for a Temporary Conditional Permit for outside dining at 8226 Main Street. The proposed site is located in the existing deli at the Main Transit Plaza. Hours of operation and outdoor music should be addressed.

Michael Houlihan 10205 Martin Road
A public hearing has been scheduled for 8:00 PM to consider the request for a Special Exception Use Permit for a secondary living unit at 10205 Martin Road. The proposed site is located on the south side of Martin Road, west of Strickler Road in existing single-family residence located in the Agriculture Rural Residential Zone. A deed restriction per the Zoning Law will need to be reviewed and approved by the Legal Department.

Formal agenda items:

Henhouse Antiques 10768 Main Street
Applicant requests a Public Hearing to consider a Temporary Conditional Permit for an off-premises advertising sign in the Traditional Neighborhood District. The proposed site is located on the southeast corner of Main Street and Salt Road in an existing historic structure located in the Clarence Hollow TND. Per the Zoning Law, the Town Board would have authority to approve a Temporary Conditional Permit for an off-premises advertising sign.

Walgreens 9217 Main Street
Applicant requests Development Plan and Architectural approval for a drugstore and office building on 13.3+/- acres in the Commercial Zone. The proposed site is located on the south side of Main Street at the Sheridan/Thompson/Main Street intersection. A Negative Declaration under SEQRA was finalized on 5/9/07. The Planning Board has recommended Concept and Development Plan approval with conditions. It has been determined that approximately 17 trees that were identified on the landscape plan were removed that should not have been removed. James Callahan stated that he does not know the condition of the trees that were destroyed however he did present pictures of several trees that were saved and they do not look very healthy. Town Attorney Bengart stated that he received a telephone call the Tuesday before the Planning Board meeting asking if it would be appropriate for Benderson's to take down the existing building; the caller indicated that they had already obtained a demolition permit and wanted to act on it. Town Attorney Bengart suggested that they do not do anything until after the Planning Board meeting, if that went well, it was Mr. Bengart's understanding that the Town Board did not have any major issues as long as the Planning Board was okay with everything. At that time, Benderson's knew they could do what their permit called for. After having walked the site today, Town Attorney Bengart stated that it appears that Benderson Development may have progressed beyond tearing down the existing buildings.

James Callahan stated that he has received a revised landscape plan. Benderson Development is willing to amend their landscape plan to add 40+ trees. The trees would have to be approved by the Landscape Committee. Councilman Weiss indicated that he would like to see Sycamore trees planted. Over time, these trees will give stateliness to the site.

Jeff Palumbo representing Benderson Development stated that the trees that were taken down only came down because they were beyond saving. However he is not condoning their actions and should have contacted a town employee so this could have been pointed out before the dead trees were taken down. He apologized for their mistake. There is still a nice buffer that remains but they will add to that and spread the trees throughout the site for a total of an additional 45 trees. Mr. Palumbo also talked about making a donation of 20 – 25 trees to the arboretum if the Board felt that would be appropriate.

With respect to the issue of the Demolition Permit, again they made a mistake. They had a communication problem between their development team and the construction team. The development team advised the construction team that the demolition permit included an amendment which would allow the pad. That was incorrect and that never happened it was never authorized but that was the information that went to the construction team. The work that was done is the work that will ultimately be done if the Town Board approves the Development Plan this evening. Again Mr. Palumbo apologized on behalf of Benderson Development for the miscommunication.

Councilman Kolber stated that there were several boulders dug up on that site and questioned if they could be useful somewhere in the town, possibly to stabilize the banks along the lake at Main Street Park or for the arboretum. Benderson Development stated that the Town would be welcome to take the boulders.

Lawrence Reade 8525 Main Street
Applicant requests a building permit and architectural approval for and addition to existing commercial structure (Home Town Cleaners). The proposed site is located on the southeast corner of Main Street and Nottingham Terrace in the Harris Hill TND. The proposed renovation is in conformance with the Zoning Law.

The architect combined modern maintenance free materials with the imagery of what they feel the building used to be and how it used to look. They will introduce a covered porch-way with a railing to add character. Structural repairs will be done across the back of the building; the entire building will be sided with vinyl siding. The applicant is trying to do an economical and maintenance free upgrade. They had pursued other options but from a budgetary standpoint and a practicality standpoint it was difficult to justify anything other than the vinyl siding. They are however using premium siding with a thicker gauge. A stone base will be introduced along with columns across the front. They are limited as to how deep the porch can be because they are right on the property line. Handicap parking and a handicap ramp will also be implemented. The garage roof is slightly pitched and not flat as the drawings indicate.

Councilman Casilio stated that the original building burned down in 1949 and had chimneys on either side. Councilman Casilio asked if “fake" chimneys could somehow be incorporated in the new design.

Work Session items for consideration June 27, 2007:

J. F. Krantz 10060 Martin Road
Applicant is proposing to mitigate a wetland on the property by creating a new 3+ acre wetland per approval of the Army Corps of Engineers. The proposed site is located on the north side of Martin Road, west of Strickler Road on existing vacant land consisting of 24.8+/- acres in the Agriculture Rural Residential Zone. Per the Clearing, Filing and Grading Law, the Town Board has authority to approve land disturbances. A mitigation plan has been submitted as approved by the ACOE. Councilman Bylewski asked that notices be mailed out to the neighbors. Town Engineer Latona stated that he is meeting with Stephen DiMatteo tomorrow.

Shops at Main/Transit 4401 Transit Road
Applicant is proposing to amend the previously approved Development Plan to reduce the size of the out-parcel and is proposing a small 3 – 4 shop plaza. The proposed site is located on the northeast corner of Main Street and Transit Road in existing shopping plaza previously approved for development of a 14,000 square foot out-parcel along Transit Road adjacent to the gasoline filling station. Parking is sufficient to meet code. Referral to Landscape Committee is recommended to consider adding green space along the front.

Chris Prawdzik 7963 Transit Road
Applicant is proposing to develop an office building with attached warehouse facility. The proposed site is located on the east side of Transit Road, north of Wolcott Road in existing single-family structure located on 20+ acres in the Density Flood Zone and Restricted Business Zone along the Transit Road frontage.

Terry Stornelli 9160 Clarence Center Road
Applicant is seeking approval to rebuild an office building on the site of the former pole barn. The former steel building warehouse was destroyed in the October storm. The proposed site is located on the north side of Clarence Center Road, east of Heise Road located on 1.7+/- acres in the Commercial Zone. (Applicant was removed from agenda; he did not provide any paperwork).

David Sutton 4295 Harris Hill Road
Applicant is proposing to develop a second office building on the property fronting Nottingham Terrace. The proposed site is located on the east side of Harris Hill Road, south of Main Street and also fronting on Nottingham Terrace. The existing office building is located on 2.3+/- acres in the Traditional Neighborhood District. Town Engineer Latona suggested the applicant be required to install sidewalks. Councilman Bylewski asked that the Town obtain input from the Morlando Committee.

Russell Gullo 6825 – 6843 Transit Road
Applicant is proposing to demolish the existing residential uses and construct a new retail store with appropriate parking. The proposed site is located on the east side of Transit Road, north of County Road on 3+ acres in the Swormville Traditional Neighborhood District. Councilman Casilio asked about the parking arrangements for the tractor trailer trucks. Currently the applicant is parking the trucks on vacant land belonging to someone else.

Steve Kieffer - Sheridan Drive
Plans were submitted for a proposed 4-building professional office park on Sheridan Drive. The proposed vacant parcel is located just east of the entrance to Eastern Hills Mall across from Ledge Lane.

Clarence Center Road
A request for a minor subdivision, splitting a 400' 20 acre parcel.

Supervisor Kathleen Hallock

Supervisor Hallock stated that she is still working with the DMV regarding their satellite office in Town Hall. We have solved some of the congestion issues so customers do not congregate in front of the entrance way. Councilman Casilio talked to Steve Flamino from Network Services and he feels that if we upgrade the telephone service in Town Hall possibly for free going to a T1 line, we could send a signal over to the library and eventually move the DMV back to the library. Steve is investigating this now, because of the software upgrade to the DMV program, the equipment at the library will not support the upgrade.

Supervisor Hallock asked Town Attorney Bengart if he and Director of Administration and Finance Pam Smith worked out a cell phone policy. Mr. Bengart did not have a chance to meet with Pam however he noted that there is a policy in place in our Town Policy Manual which states that employees may not make personal calls on a Town provided cellular phone. The policy does not indicate who should and should not have a cell phone. Supervisor Hallock stated that we are leaning towards the employees take one of the two options offered.

James Callahan and James Hartz have turned in their cell phones however; one phone will be left in their office for when they go out on calls. Karen Jurek stated that we have two phones in reserve.

Supervisor Hallock will be mailing the grant applications for Memorial Park, Tonawanda Creek property and the sprinklers at the Gerber Library and Historical Museum this week.

Buffalo Crushed Stone is hosting a tour of their facility tomorrow for the Town Board at 10:30AM and will host a "Quarry Day" open house on Saturday, June 16, 2007 from 10AM – 1PM.

Town Paralegal Cindi Rosel is working on the resolution for the Erie County Water Authority. Supervisor Hallock spoke to Tom Wik, Water Authority liaison to municipalities and it was noted that we receive our water from the Van de Water Plant.

Supervisor Hallock will announce an opening on the Senior Center Board.

The closing on the Thompson Road property will take place this week. We had the recommendation from Mike Powers about the fields and the use of the building. David Metzger identified today that we can not reuse that building, it is in a residential zone. David Metzger stated that it is a residential building so if the Town uses it for something other than that we would have to go for a building code change and use, which is probably not cost effective. Supervisor Hallock stated that for a building that size, it would not be effective.

Town Attorney Bengart stated that he and David Metzger did a walk through of the building. He questioned whether the Town wanted to have the electric and gas switched over into our name which is cheaper than turning it on later or do we want it on at all because we are not going to use the building. Dave Metzger indicted that it is an occupiable type structure and can be used for storage. Town Attorney Bengart asked if we want the gas and electric turned over before it is turned off. There would be no cost to turning the utilities over; it would just be the monthly usage cost. Supervisor Hallock stated that we should do that for a couple of weeks until we can get in there.

Councilman Bylewski stated that even if we change the zoning, we still have to go through the building permit process. Supervisor Hallock stated that this doesn't seem practical.

Supervisor Hallock will announce all the motions passed at the June 6th morning Work Session.

Supervisor Hallock received a letter from the President of Library Board of Trustees Judith Hilburger regarding trees that were destroyed during the October storm. She is inquiring whether the Town has any plans to replace the trees. The letter indicates that the trees should be replaced because they are a visual reminder of the trees that were donated to the Clarence Library in honor of/or in memory of someone. Supervisor Hallock stated that wording was going to be put in the Memorial Tree Policy indicating that we can not guarantee trees would be replaced because of acts of nature. Councilman Kolber will contact Judith Hilburger.

Supervisor Hallock received a letter from a resident on Stoneway requesting a gate on the bike path that goes into his neighborhood. Law enforcement has recommended that the gates be removed. Councilman Casilio will respond to the letter.

Councilman Scott Bylewski

Councilman Bylewski has two corrections to the minutes.

Councilman Bylewski will comment on the 2006 audit by Fox & Company.

Copies of the Central Fire Alarm Contract were distributed for review and comment.

Councilman Bylewski report on the monthly building permit figures.

Councilman Bylewski will make a motion for the Planning Board to consider all of our land use fees as well as an amendment to TEQR regarding the Traffic Impact Studies and the archeological reports as discussed in the joint Town Board/Planning Board meeting.

Councilman Bylewski will set a Public Hearing for July 25, 2007 @ 7:45PM to consider the Historic Preservation Law. Supervisor Hallock heard from someone that was not made aware of the Monday night meeting. He saw it on the agenda and because it said Historic Preservation Committee meeting, he did not think he could attend. Letters were not sent out for the second meeting, it is left up to the residents to follow-up on future meetings.

Upon recommendation of Youth Director Dawn Kinney, Councilman Bylewski will announce the appointment of a tutor for seasonal employment for the 2007 Summer Youth Series.

There is still one vacancy on the Youth Board.

Upon recommendation of Co-Recreation Directors Clifford Trapper and Howard Johnt, Councilman Bylewski will announce the appointment of Anthony Bonaventura as lifeguard.

Councilman Bylewski has several items to discuss in Executive Session under § 105 (1) H the proposed lease of real property; § 105(1) F appointment of an individual, employment history of an individual and the employment history of a corporation.

Councilman Joseph Weiss

Councilman Weiss met with representative from SD#5 today. They are talking about combining Sewer Districts 2, 6, 7 and 9 and incorporate them into Sewer District #5. By doing that, it would spread the costs, there may be some savings in some districts and it may be more costly for other districts.

A presentation was given at the Conservation Committee meeting regarding Ransom Creek. A while back, Newstead diverted water from the source of Ransom Creek which has caused Ransom Creek to become dryer in the summer and caused people to loose well water. This was done because they felt that the water going through two cattle fields was causing pollution so they switched it to go into another channel. The Town has approached the DEC and the DEC will not give a permit to change it back because they never had a permit to divert the water flow in the first place. Councilman Weiss stated that this has large impact on our aquifer and the problems with Ransom Creek. This stream was a trout stream at one time and has now become stagnant and a magnet for mosquito's. Councilman Weiss felt now was the time to address this and possibly get our water source back.

Plans for Day in the Park are proceeding nicely. Town Assessor Dave Folger has volunteered to work the Dunk Tank – the hours Dave will be in the Dunk Tank will be posted – long lines are expected. Kudos to Chuck Eckert for all his hard work.

Highway Superintendent Ted Donner is requesting approval for the placement of stop signs in Woodbridge Village.

Highway Superintendent Ted Donner is requesting a bid date of June 27, 2007 @ 10:00 AM for removal of wood chip mulch from our recycling area on Sheridan Drive.

The Board received a memo from Planning Board member Wendi Silvati regarding a moratorium on Main Street. This will be discussed further at the July morning work session.

Councilman Weiss will appoint John DeLellis to ECEMC (Erie County Environmental Management Council) for a one year term from June 1, 2007 trough May 31, 2008.

Councilman Bernard Kolber

Councilman Kolber will appoint Hans Mobius to the Zoning Board of Appeals to fill the unexpired term of Ronald Newton. Dave D'Amato will be appointed as alternate on the Zoning Board of Appeals.

Councilman Kolber will reappoint David Folger to another six year term as Town Assessor.

Town Assessor David Folger is requesting approval for Linda Hirtreiter to attend an advanced custom report class on September 25, 2007 at the Batavia Regional Office of Real Property Services.

The ZBA has been having lengthy meetings and have suggested possibly meeting twice a month. Because of a miscommunication, the ZBA did not attend the joint Town Board/Planning Board meeting.

Councilman Kolber received a letter regarding the power transformers on Strickler Road at the Middle School. The town has no control over the schools; Councilman Kolber will discuss this further with School Superintendent Tom Coseo. Councilman Casilio stated that a representative from Niagara Mohawk stated that old equipment is being used more frequently.

Councilman Patrick Casilio

Councilman Casilio is working with Steve Flamino on a RFP for video cameras. Steve has done research and has reviewed all the proposals Councilman Casilio has obtained.

Councilman Casilio is working on securing a contractor to do the welding repairs to the lights in the Harris Hill area.

Councilman Casilio stated that with the re-appointment of the Traffic Safety Board, he would like to see a mission statement or job description setup. Highway Superintendent Ted Donner will play a more active role on the board and would like input as to who gets appointed to that board.

Councilman Casilio is trying to locate the updated Parks Security Manual. Town Attorney Bengart stated that Chief Security Officer Joseph Meacham has a copy of the revisions and he is waiting for his comments.

Councilman Casilio has several items to discuss in Executive Session under § 105 (1) F discipline of a particular person, § 105 (1) E collective negotiations and § 105 (1) H the proposed sale or lease of real property.

Motion by Supervisor Hallock, seconded by Councilman Casilio to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss matters leading to the appointment of an individual, employment history of a particular person, employment history of a corporation, discipline of a particular person; § 105(1) E Collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law); § 105(1) H the proposed sale or lease of real property, one Attorney-Client item and pending litigation regarding Rubino vs. Town of Clarence. Upon roll call - Ayes: All; Noes: None. Motion carried.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:40 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, June 13, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer given by Father Yetter of St. Mary's Catholic Church.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Building Inspector David Metzger, Planning Board Chairperson Patricia Powers and Youth Bureau Program Coordinator Michele Orvis.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held May 23, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held June 4, 2007. On the question, Councilman Bylewski said on page 207, the motion he made in the sentence "After review by the TEQR Committee…" should be TEQR Director. The next paragraph, "...the building permit process for a single family residence is a Type II Action..." On the question, Councilman Kolber said he will recuse as he was not present at that meeting. Upon roll call - Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant approval of a Special Event Request for the Fun Bike Ride on July 7, 2007 from 9:30 to 11:00 A.M. at the Farmers Market, 10717 Main Street. On the question, Supervisor Hallock said all appropriate agencies will be notified. The event is to promote awareness of the Rails to Trails bike path system. Registrants will be given a bike path map for their use throughout the season. There is no start of finish time, just a fun time for taking a bike ride. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to increase appropriations in the General Fund for the Paralegal by transferring $1,750 from A 1990 Contingency to A 1420.1 Personal Services. On the question, Supervisor Hallock said this is for the 2007 Budget. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that Buffalo Crushed Stone is holding a Quarry Day at 8615 Wehrle Drive on Saturday, June 16th from 10:00 A.M. to 1:00 P.M. There will be guided tours, exhibits, giant truck display and photos. Children are encouraged to attend. Weather permitting; there will be blast events at 11:00 and at Noon.

Supervisor Hallock announced that there is an opening on the Senior Center Board with term to expire 12/31/07 and renewing for a 3-year term to begin 1/1/08. Applicants should be Town residents and everyone interested is encouraged to apply. The Senior Center is a vital part of our community and is enjoying a very successful revitalization.

Supervisor Hallock said this Saturday, June 16th is the Classy Trash and Treasures Sale & Auction sponsored by the Friends of the Clubhouse Restoration Committee at the Town Park Clubhouse. Proceeds will benefit the ongoing Clubhouse Restoration Projects. Sales begin at 9:00 A.M. with an auction of more valuable items done by Kelly Schultz and his son beginning at 1:00 P.M.

Supervisor Hallock said it is our policy to announce motions passed at work sessions or other special meetings. At a special meeting held on June 4, 2007, a Negative Declaration was issued for the sewer use capacity from the Heise/Brookhaven Trunk Sewer Line for the proposed group home north of 5845 Shimerville Road. The special meeting was held to be within the 40-day response period.

The following motions were approved at the June 6, 2007 work session due to timing issues:

  • Bid date was set for June 26, 2007 for a Tack Coat Sprayer for the Highway Department.
    Bid documents are available at the Highway Department and at the Town Clerk's office.
  • Deborah Schweigert was appointed to the open Senior Clerk Typist position effective June 11, 2007.
  • Titan Development was awarded the bid for the sale of 2,250 cubic yards of wood chip mulch.
  • C. J. Krantz Topsoil was awarded the bid for the sale of 1,150 cubic yards of leaf mulch.
  • Permission was granted for the Clarence United Methodist Church to have a horse in the Main Street Park for their Bicentennial Church Service on August 26, 2007.
  • Lifeguards and Recreation attendant were hired.
  • The complete resolutions and votes are included in the minutes of the specific meetings.
  • Supervisor Hallock said in regard to the one motion appointing Deborah Schweigert to the Senior Clerk Typist position, Ms. Schweigert has since declined the appointment. We will continue to work with Civil Service for an appointment.

Councilman Bylewski said in the past we have heard how well we work as a Town, how well our departments work together and our financial consultant Mike Neumeister has said how well the departments work well together with capital planning. Last week our auditors from Fox & Company gave a presentation on the audit and the state of the Town in regard to finances. There was nothing but praise for the Town and the Supervisor's efforts in good management. Councilman Bylewski said the Supervisor, her office, the accounting office and the entire Town should receive the appropriate credit for their efforts. He especially thanked Supervisor Hallock.

Councilman Bylewski received the Central Fire Alarm Office May 2007 Operations Report. Town of Clarence fire companies responded to the following: Motor Vehicle Fires - 2; Miscellaneous Fires - 18; EMS Calls - 130; Motor Vehicle Accidents - 14; Miscellaneous Calls - 36 for a total of 200 alarms for May.

Motion by Councilman Bylewski, seconded by Councilman Casilio to authorize the Supervisor to sign the contract with the Town of Amherst Central Fire Alarm Office having been reviewed and approved by the Town Attorney. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, it is hereby resolved by Clarence Town Board that the Town of Clarence Master Plan 2015, originally adopted by the Town of Clarence at a regular meeting of the Board in July 2001, has been reviewed, reaffirmed and is in-effect as the guiding document for the development of parks in the town.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Single-Family Dwelling Statistics from the Building Department for May 2007. There were 6 permits issued in subdivisions and 1 outside for a year-to-date total of 30 issued in subdivisions and 7 outside of subdivisions. By way of comparison, there were 49 permits issued for the same time period in 2005 and 51 issued in 2006.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the Planning Board to consider and make a recommendation regarding our land use fees; and under TEQR regarding traffic impact studies and archeological reports. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for July 25, 2007 at 7:45 P.M. to consider adoption of the Historic Preservation Law. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint the following to the Youth Board: Gregory Zaepfel and Pamela Lang to fill the terms of April Reiger and Pamelann DeStefano respectively with terms to expire 12/31/2008. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there is still one opening on the Youth Board. Anyone interested should submit an application.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Laura Chriswell as Tutor for the 2007 Summer Youth Series at a rate of $15 per hour with total compensation not to exceed $270. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to appoint Anthony Bonaventura as a Lifeguard to the Summer Recreation Staff at the budgeted rate of pay. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, that Kathleen Hallock, as Supervisor for the Town of Clarence, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $49,700 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town of Clarence for the development of the Tonawanda Creek Recreation Area.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, that the Clarence Town Board at a meeting held on June 13, 2007, hereby authorizes Kathleen Hallock, Supervisor, to submit an application to the New York State Office of Parks, Recreation and Historic Preservation, Parks Development grant program requesting $49,700 for the construction of: a small parking area; a walking trail adjacent to Tonawanda Creek from which canoes and small boats may be launched; and the purchase and placement of picnic tables and trash receptacles. Grant funds will be matched by the Town of Clarence with $158,144 in cash and in-kind goods and services or 76% of the total project cost of $207,844.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, that Kathleen Hallock, as Supervisor for the Town of Clarence, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $249,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town of Clarence for the development of the Clarence Memorial Park.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, the Clarence Town Board authorizes Kathleen Hallock, Supervisor, to submit an application to the New York State Office of Parks, Recreation and Historic Preservation, Parks Development grant program requesting $249,000 for the construction of: an 8" diameter, 2,780 linear foot waterline; a 20' x 20,' free standing, handicapped accessible lavatory building; a septic system, including a 2,000 gallon tank and a 20' x 20' sand filter bed; and two baseball fields, including grading, drainage, seeding, fencing, parking, four park benches and a wheelchair path from the parking area to the new ball fields. Grant funds will be matched by the Town of Clarence with $250,120 in cash.
          On the question, Councilman Weiss said he has attended several recreation meetings and there is a great need for lavatories at the park.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to appoint John DeLellis to the Erie County Environmental Management Council with term of June 1, 2007 to May 31, 2008. On the question, Councilman Weiss said this appointment is to replace Al Festaiuti who had to resign due to work and family needs. He did a great job and he thanks him for all the work he has done. Mr. DeLellis is also a member of the Conservation Advisory Council. There is also an opening on that board to replace Al. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation by Highway Supt. Ted Donner, approval is granted for placement of stop signs at the following locations in Woodbridge Village: northwest corner of Woodbridge Lane and Terrace Green; southeast corner of Woodbridge Lane and Whitegate Crossing; and the southeast corner of Woodbridge Lane and Wellesley Common. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation by Highway Supt. Ted Donner, a Bid Date is set for June 27, 2007 at 10:00 A.M. for removal of Wood Chip Mulch from the recycling area on Sheridan Drive. The bid price submitted will be per cubic yard loaded and hauled off site by the successful bidder. The volume consists of 3 piles totaling 3,300 cubic yards. The successful bidder will be required to remove the material within 90 days from the time of the bid. Required insurance certificates and total payment must be received prior to removal of any materials. On the question, Councilman Kolber asked if this was in addition to what was already sold. Supervisor Hallock said yes it is. He had an excess amount this year. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he attended the Conservation Advisory Council meeting and one of the topics was the diversion of water from Clarence by the Town of Newstead years ago. They are going to try and get some of the diversion back to help the flow of Ransom Creek. It is still delineated as a trout stream and you would be hard pressed to find any trout with the level of water.

Councilman Weiss said plans are going well with Chuck Eckert for Day in the Park. Since he is older now and cannot handle so many hours in the dunk tank, he is recruiting Assessor David Folger to do some of the time.

Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Whereas, the term of David D. Folger expires September 30, 2007;
          Be It Resolved that, David D. Folger is hereby appointed to the position of Assessor for the Town of Clarence, New York effective October 1, 2007 for a term of 6 years, and that said position is in the non-competitive class.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski that authorization is given for Linda Hirtreiter to attend an advanced custom report class on September 25, 2007 at the Batavia Regional Office of Real Property Services with all reasonable and necessary expenses paid by the Town. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to appoint Hans Mobius as a member of the Zoning Board of Appeals with term to expire 12/31/2010. Mr. Mobius previously served as Alternate. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to appoint David D'Amato as Alternate to the Zoning Board of Appeals with term to expire 12/31/07. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Kolber said there was a small article in the Buffalo News yesterday that said how someday Newstead will be saying they don't want to become another Clarence and Amherst will be laughing. We are trying to keep Clarence from going in that direction.

Councilman Casilio said there is a vacancy on the Town Security force. Applications are available at the town hall and on the Town website.

Councilman Casilio announced that the DMV will be operating from the Town Hall lobby on Fridays until further notice. We have been having problems with their computers working at the library.

Motion by Councilman Casilio, seconded by Kolber that the Clarence Town Board authorizes Supervisor, Kathleen E. Hallock to sign an Electric Vehicle Transfer Agreement between the Power Authority of the State of New York and the Town of Clarence for GEM (Global Electric Mobil) Vehicle for use by the Town of Clarence Parks Department. On the question, Supervisor Hallock said the vehicle was donated. It travels at 25 mph and holds four passengers. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that the Clarence Town Board authorizes Kathleen Hallock, as Supervisor of the Town of Clarence to file a grant application for funds from the East Hill Foundation for sprinkler systems at the Clarence Historical Museum and the Gerber Library and upon the approval of said request, to enter into and to execute a project agreement for financial assistance from the East Hill Foundation for said projects.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Department Reports

Michele Orvis, Clarence Youth Bureau Program Coordinator said registration will be held Saturday, June 16, 2007 from 10:00 A.M. to 1:00 P.M. in the Town Hall lobby for the Summer Youth Series. The program is available on the website. It is a first come, first served basis. This is the second year for the program and they are looking forward to a good turnout.

Public Participation

Pat Powers, Chairman of the Planning Board said she would like to speak to item 15, Walgreens. It is impossible to convey the anger of the Planning Board regarding the demolition and clear cutting of this site prior to development plan approval by the Town Board. At the June 6th Planning Board meeting she acknowledged that the applicant had a demolition permit and further asked that they refrain from any demolition until the Town Board granted development approval. She as well as other members heard their response to mean there would be no demolition. By the next day, there was nothing but a pile of rubble.
          Mrs. Powers said this project has a disingenuous history. The very first time the applicant appeared before the Planning Board they were told no "pharmacy" and no "photo" signs on the building and no LED sign on Main Street. Only the name of the store should appear on the building wall. They went to the Board of Appeals because the sign did not meet the code requirements and received the variance. They told the Planning Board that the DOT reviewed their plan, but a phone call to the DOT confirmed that they had not reviewed their plan at all.
          Mrs. Powers said members of the Town Board received emails from Planning Board members regarding this most recent assault on the land. The residents of the mobile home park will face a long hot summer with this construction site. What little vegetation and protection there was has been wiped out. The 45 ft. setback is not a gift from the applicant, it is a requirement of our own laws.
          She respectfully suggests that we all take a hard look at the demolition permitting process and the terms of the special exception permit. Perhaps these items are granted too early in the process.
          Mrs. Powers read an email from a Planning Board member who is not running for office. A moratorium would be unpopular, but it seems warranted for practical development. Traffic and access management issues are equally important and we cannot assume other agencies are looking at the traffic issues and the design with the same interest or critical factors in mind.

A Public Hearing was held to consider the request for a Special Exception Use Permit for automotive sales at 9385 Main Street. James Callahan said the location is the south side of Main Street, west of Goodrich Road consisting of a preexisting automotive repair business in the Commercial Zone. The applicant requests to expand the auto display area on the property.
          Paul Cambria, owner of the property and owner of the business Joe Rubino were present. The previous owner had permission to display two cars for sale and they would like to increase that to eight cars. A plot map was submitted as to where the cars would be displayed. Landscaping has been improved.
          Councilman Casilio asked about the Budget rental trucks that are parked there. Mr. Cambria said that was inherited from the prior tenant. At the last meeting there was concern about them being parked out front. They will be kept in the back area. He does not know if the previous owner had permission for the trucks.
          Councilman Kolber said the leasing of the vehicles would not be covered with the sale of vehicles. Mr. Cambria said the limit was on the number of vehicles that could be on display for sale.
          Councilman Kolber said he reviewed all the minutes dating back to 1994. The Temporary Conditional Permit for auto sales expired in 1995 and there was no request for renewal. The Special Exception Use Permit was for automotive repairs granted in 1996.
          Mr. Cambria said in July 2006, they contacted Mr. Hartz, the Assistant Director of Community Development who told them that the ability to sell cars was still in place. Tonight is the first time that anyone is indicating that the ability to sell cars was not renewed. They closed on the property in 2006 and called the Town to check on the status. It was a licensed area for 14 years and is licensed by the State as well. They relied on the information that they were given by Mr. Hartz. They have operated as such for all of these years without incident, complaints or any issue whatsoever.
          Mr. Cambria said when they took over the property it was in disrepair inside and out. They have substantially improved the property and are in the process of doing more. He lives in Clarence himself and is familiar with the location. Mr. Rubino has been in this business in Buffalo for 20 years. He asked that nothing happen to hamper this thriving new business to our community. Mr. Cambria asked that they be granted whatever permission is necessary. They felt that they could rely on information from the Town when they made the purchase. They have not done anything knowingly that was not already being done on this property.
          Councilman Kolber said in going through this information, they should have realized that. Mr. Cambria said they searched the records and then contacted Mr. Hartz and if he had access to those records he would have told them.
          James Callahan, said in defense of Mr. Hartz and his response, he was absolutely correct. Mr. Callahan was at the Town Board meeting when the display of two vehicles was approved and it carried forward. It may not be exactly reflected in the minutes, but it certainly was what was always agreed upon by the applicant at the time and the Town Board at that time. It has carried through to this day and that is what was told to the applicant. He was told two cars for display and now he is asking to expand that. He defends the action of the Town Board at that time and the enforcement as related to that action.
          Councilman Bylewski said the issue tonight is for a permit to display 8 vehicles. If granted, it would supersede any previous approvals.
          Councilman Casilio asked about the landscaping plans. Mr. Cambria said all of the landscaping has been completed.
          Councilman Kolber said the leasing operation was not part of the approval on the property. James Callahan said that was never a part of it.
          Councilman Bylewski said the language in our zoning law for automotive sales includes automotive leasing.
          Mr. Cambria said he thought that it was included. Some people do park the trucks in front of their property to have free advertising. They are not asking to do that. The trucks would all be parked behind the line of the structure.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Kolber to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Supervisor Hallock to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on June 13, 2007, and after all interested parties being heard, refers the request for a Special Exception Use Permit by the applicant, Louie's Car Clinic, for an automotive sales and display operation at 9385 Main Street to the Clarence Planning Board for their review.
          On the question, Councilman Bylewski said what further information would the applicant need to provide? We have the site plan and have talked about the 8 spaces for display. The issue that comes up is if the leased vehicles in the back are part of the display.
          Mr. Cambria said they would agree, as a condition, not to have those trucks for lease on the front lot. Supervisor Hallock said by referring the request, we could have these issues cleared up. Mr. Cambria asked if they were only talking about referring the leased truck issue and display or for the additional spaces. Councilman Kolber said his motion is for the entire package. It is to consider the Special Exception Use Permit or possibly a Temporary Conditional Permit, number of spaces, and whether this is still valid according to our original documentation.
          Mr. Cambria said we have the chief of the zoning bureau making a representation that he witnessed this permission being granted, the place has operated for 14 years with the ability to sell vehicles and display two, and we only have the lack of a paper record. To throw this into limbo by sending it over to the Planning Board is not fair. If the truck lease part was referred, that would make sense.
          Councilman Kolber said they are asking to go from two vehicles to eight vehicles for display. Mr. Cambria said he is objecting to being referred to the Planning Board to review whether they can sell any vehicles there.
          Supervisor Hallock suggested that they could direct the Planning Board to consider the increase over the two vehicles for display. Councilman Weiss said he thinks that would be fine without impeding an existing business. Mr. Cambria said that would be fine. Councilman Bylewski said he believes that there is enough information to make a decision on the request for eight vehicles. There may be a disagreement on the back portion of the property.
          Town Attorney Steven Bengart said since there is an agreement on what could go to planning, his concern is procedure. The public hearing was closed, but he suggests reopening the public hearing and leaving it open pending the outcome from the Planning Board.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to reopen the Public Hearing to consider the request for a Special Exception Use Permit for automotive sales at 9385 Main Street. Upon roll call - Ayes: All; Noes: None. Motion carried.
          James Callahan said there is an existing Special Exception Use Permit that they have enforced, that he is acknowledging, allowing them to display two vehicles. An amendment to that being referred to the Planning Board would be fine with the public hearing to remain open. Councilman Casilio said that is how he is interpreting it. If he wants to sell more cars, it should go to the Planning Board. Mr. Callahan said then this public hearing would remain open while the request is referred.
          Supervisor Hallock asked Councilman Kolber to withdraw his motion. Councilman Kolber said all of the information he gathered shows that this is not clear. Councilman Bengart said the information says what it says. We also have someone here who was at that meeting and perhaps there was more to it. We have a consensus of everyone here that we should refer it to the Planning Board to work through the issues.
          Mr. Cambria said the suggestion was to review the issue of the increase and not disturb what was in place. Councilman Kolber said the question is what was actually in place. Town Attorney Bengart said there is clearly a question about what was in place and he does not think anyone is in a place to make a decision on it.
          Mr. Cambria said he does not need a final decision, but he does not want to come to the Town as a reasonable citizen and business owner and ask that something that is in place, according to the individuals who have the authority to say so, have that in jeopardy for some reason. Supervisor Hallock said they respect that. She asked Councilman Kolber again to withdraw his motion as stated.
          Town Attorney Bengart said the question is what is being referred. We understand Mr. Cambria's position and where he stands on the issue. We understand Councilman Kolber's position. He understands the way the minutes read in a certain way. The important thing is that everyone is trying to work toward a greater goal.
          Mr. Cambria said he is asking that Mr. Callahan's opinion be given credence by the Board.
          Councilman Weiss said he agrees with Councilman Bylewski. He does not have a problem making a determination on the overage. Two cars can stay in the interim and he believes there is enough information to make a determination on additional vehicles for sale.
          Supervisor Hallock said the current motion on the floor is to refer the request for a Special Exception Use Permit to the Planning Board. On the question, Councilman Kolber said that motion is still on the floor. He does not have a problem with the two vehicles. His research does not come up that way. He does not want to do harm to the business. His concern is changing the nature of Main Street and going from something that was primarily an automotive repair operation to putting a used car lot on Main Street. It is a small parcel and going from two to eight changes the nature of the property. Supervisor Hallock asked if they would like the leasing operation identified for the referral. Councilman Casilio said yes.
          Mr. Cambria asked what is being referred. Supervisor Hallock said the increase. Councilman Bylewski said it would be up to eight vehicles for display and not addressing the issue of whether there are two vehicles there, with the understanding that there are no enforcement issues going on. Town Attorney Bengart said he does not believe that is the motion that is out there. Councilman Bylewski said he understands that, but is trying to get out there what should be appropriate.
          Councilman Kolber said if this is not in place, he would rather bring it into place to give them what they were told and what they perceive they have. Secondly, what constitutes display, whether it is the whole property or just in front of the building.
          Mr. Cambria suggested that the motion simply be to recognize as relayed by the Director of Community Development that the property was permitted to sell used cars and to display two for sale and to refer the remaining issues to the Planning Board.
          Town Attorney Bengart said he sees where he is coming from, he does not necessarily agree because at least one Councilman has a different view on it. Mr. Cambria said if he never raised the issue whether they had permission or not how could it even be before the Town Board.
          Town Attorney Bengart said as he recalls, Councilman Kolber's motion was to refer the entire issue to the Planning Board. Supervisor Hallock asked if we could identify that we understand that the two vehicles will be allowed to be displayed. Councilman Casilio said and, we will question the leased vehicles in the back.
          Upon roll call - Ayes: Councilmembers Casilio, Kolber, Weiss and Supervisor Hallock; Noes: Councilman Bylewski. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for outside dining at 8226 Main Street. James Callahan said the location is the north side of Main Street in the Main-Transit Plaza consisting of an existing deli in the Commercial Zone.
          A representative from Louie's Deli said they would like to have six tables of two or four seats each. The only outdoor music would be soft background music. Hours of operation are Monday thru Friday from 9:30 A.M. to 6:00 P.M., Saturday 9:30 A.M. to 5:00 P.M. and closed on Sundays.
          Speaking to the subject:
          Chuck Eckert said he uses this deli quite frequently and they have great food. It is located near his studio and as a fellow-business owner feels it will add more to that particular area.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Casilio to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board, after a public hearing duly held on June 13, 2007, and after all interested parties being heard, grants a Temporary Conditional Permit for outside dining to the applicant, Louie's Deli, located at 8226 Main Street subject to the following conditions: 1. The Temporary Conditional Permit is granted for one year. 2. Outdoor seating not to exceed 6 tables or 24 seats. 3. No live entertainment and any allowable entertainment not permitted past 6:00 p.m. on weekdays and 5:00 on Saturdays.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit at 10205 Martin Road. James Callahan said the location is the south side of Martin Road, west of Strickler Road consisting of an existing single-family residence in the Agricultural Rural Residential Zone. The applicant is proposing an addition that would house a secondary living unit.
          Susan Houlihan said their plans are to add a master bedroom and game room with a wet bar and refrigerator. It is going to be extra living space for her and her husband. Down the road it may be used to care for her elderly mother.
          Councilman Bylewski said there are conditions normally set for a secondary living unit and he asked Mrs. Houlihan if she is aware of them. She said yes.
          With no one else speaking to the subject, motion was made by Councilman Weiss, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board after a public hearing duly held on June 13, 2007 and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Michael Houlihan, for a secondary living unit to be included as part of an addition to the existing single-family residence to be constructed on the property located at 10205 Martin Road, subject to the following conditions: 1. Shall only be utilized as a familial/in-law apartment. 2. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the secondary unit to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney. 3. Proof of filing of the approved deed is required and must be submitted to the Town Attorney before a certificate of occupancy can be issued.
          Upon roll call - Ayes: All; Noes: None. Motion carried.
          Henhouse Antiques requests a Public Hearing to consider a Temporary Conditional Permit for an off-premises sign at 10768 Main Street. James Callahan said the property is at the northeast corner of Main and Salt. The applicant is requesting permission for an off-premises sign for the business located down the road on Salt. The Sign Law does not allow for an off-premises sign.
          Bill Henderson said they have taken a poll of his wife's customers and most of them come because they saw the sign. She does not have any traffic when the sign is not there. She has no more than 15 customers on a given day.
          Councilman Bylewski said it is very unusual for the Board to approve this sign. There are only a few in the Town that he can think of. He has no problem setting the public hearing, but they need to hear some valid reasons for consideration.
          Mr. Henderson said he would be willing to come up with a concept similar to the nice sign that is already there.
          Councilman Kolber said he has a concern of setting precedence, when signs are already an issue in the Town. How would we be fair to all businesses in the Town?
          Councilman Casilio asked if this issue is addressed in the new Sign Law. Mr. Callahan said off-premises signs are not allowed in the current law and are not in the proposed new law. The only mechanism available to the applicant is through a Temporary Conditional Permit.
          Councilman Weiss said if he only puts it up on Saturday and Sunday that is in violation also. Mr. Callahan said yes it is.
          Councilman Bylewski said he is willing to consider it, but is not promising to approve anything. The applicant should bring a recommendation to the hearing for consideration.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to set a Public Hearing for July 11, 2007 at 7:45 P.M. to consider a request by Henhouse Antiques for a Temporary Conditional Permit for an off-premises sign at 10768 Main Street. Upon roll call - Ayes: All; Noes: None. Motion carried.

Benderson Development requests Development Plan and Architectural Approval for a pharmacy and office building in the Commercial Zone at 9217 Main Street. James Callahan said the location is the north side of Main Street at the intersection with Sheridan Drive and Thompson Road consisting of approximately 13.3 acres in the Commercial Zone. A Negative Declaration was issued 5/9/07. Concept approval was recommended 2/7/07 and a Special Exception Use Permit was granted 5/23/07. Recommendation for Development Plan approval with conditions was forwarded by the Planning Board 6/6/07.
          Jeff Palumbo, Attorney with Damon and Morey was present representing Benderson Development. Todd Benderson and Mike DePriest of Benderson were also present. Mr. Palumbo said the project involves two buildings, the pharmacy closest to Main Street and an office building to the rear of the site. Walgreens is just under 15,000 sq. ft. and the office building is approximately 8,000 sq. ft.
          Mr. Palumbo said he had a few comments in regard to the comments made by Pat Powers, Planning Board Chairman who he respects very much. She is very dedicated and very thorough. With respect to the comment that they have been disingenuous from the beginning, there was a reference to the DOT. They met with the DOT prior to making application with the Town for this project. The DOT had seen the original plan on an informal basis. They had not seen the official plan until a later date, at which time they did respond.
          It is absolutely true that the Planning Board indicated several issues with the signs including not being in favor of any LED signs, limited to a Walgreens sign only with no "photo" or "pharmacy" signs. Mr. Palumbo said they did not agree to that, other than agreeing to no LED signs. They proceeded to Zoning Board of Appeals and were granted a variance for the "photo" and "pharmacy" signs.
          Mr. Palumbo said in regard to the 45 ft. setback, the ordinance talks about being adjacent to residential areas. The mobile home park is zoned Commercial. The Planning Board felt strongly about it and they agreed to comply even though they felt they had a legitimate argument.
          Mr. Palumbo said he is astounded to hear Pat Powers say they were disingenuous. They made significant changes and concessions and felt they were doing the right thing. They agreed with the decorative stone wall with no objection. The Planning Board wanted the building to be architecturally in line with the character of the community and they presented a plan different than any store in Western New York. They asked them to match the architectural style with both buildings and they agreed to do that.
          Mr. Palumbo said one of the conditions of the Planning Board at concept approval was elimination of the right turn out on the second driveway, which they did.
          With respect to the neighbors, Mr. Palumbo said they have never made an issue of the fact that there are encroachments up and down the property line. There is no question that their materials and some homes are on Benderson's property. They have met with Mr. Satola and he has asked for a berm, which they are giving him with the exception of extending the berm further south because of the wetlands. They will put additional plantings in that area.
          Mr. Palumbo said there is no question that the Demolition Permit was issued. The Planning Board talked about the project not being started until the Town Board approved the Development Plan. They did not agree and have been in discussion with Mr. Metzger and Mr. Callahan for six weeks. It was very clear with Mr. Metzger that they were able to start with the permit in hand. They did however do more than the permit allowed. They demolished the two buildings on the site. There was a miscommunication between their development team and their construction team that Mr. Metzger amended the permit to include grading for the pad for the building. Mr. Metzger came out on Tuesday and indicated that they were in violation of the Demolition Permit because it was never amended. They admit they were wrong and apologize for that.
          Mr. Palumbo said in the discussion yesterday it was indicated to the Town that several trees that were slated to remain were gone. They removed 12 to 17 trees because they were severely damaged and unsafe. Again, that was their mistake and they should have called someone from the Town to come out to the site. There are a number of trees that were questionable that still may have to come down. In return for the trees that were removed, they submitted a new landscape plan to the Board today with an additional 28 trees. They are replacing the 17 and adding 28. They are doing their best to mitigate the removal of the damaged trees.
          Councilman Bylewski said they received a landscape plan during the work session and then an additional plan time dated for today at 6:36 P.M. The only difference was Sycamore trees in place of the Red Maples. Mr. Palumbo said that is the only difference based on the discussion at the work session.
          Councilman Casilio said he would like clarification on this for the record and how they started work on the building prior to Town Board approval.
          Mr. Palumbo said they had the Demolition Permit in hand. They asked Mr. Callahan if they could put the pad in as part of the Demolition Permit, but that was never agreed to. They thought he received approval from Mr. Metzger to go ahead and that was not the case. Mr. Palumbo said they did not receive any approvals and they were wrong. It was the soil pad for the building not the actual building itself. Mr. Palumbo said there is a wall of stone up there that the Town can have if they have any need for it.
          Councilman Kolber said he commends them on the architectural style of the building. Some people are saying that we do not need another drug store in Town, but the Board is not able to make that determination. They can only try to get the best product they can. His only concern is for the neighbors and their quality of life. The vegetation along the property line had to be removed in order to put in a berm.
          Mr. Palumbo said there was a statement made that they removed all of that vegetation, but they only removed the trees mainly along Main Street. Councilman Bylewski asked if any of the trees were in the northeast of the property and Mr. Palumbo said yes. There still remains somewhat of a buffer in that area. A significant number of the new trees will also be planted there.
          Councilman Casilio asked if someone from Mr. Palumbo's office was in contact with our Town Attorney concerning demolition of the buildings. Town Attorney Steven Bengart said that is not correct. The day before the Planning Board meeting he received a call from Benderson asking if after that meeting they could exercise their rights under the permit. Mr. Bengart said that there is nothing in the law to stop them and they could do whatever the permit requires. Councilman Casilio asked if he had ever given them permission to go ahead with the building construction. Mr. Bengart said he did not.
          Mr. Palumbo said at the last Planning Board meeting they had indicated that this was not going to be a 24-hour Walgreens. At the present time, it is not slated to be but at some time in the future it could be if the demand is there. They have no problem with the condition of the Planning Board to have deliveries made during the day and not all hours of the night.
          Mr. Palumbo said he would have no problem if the landscape plan had to go back to the Landscape Committee for approval, but he asked the Town Board to let them move forward by granting the Development Plan Approval. They will do whatever they ask.
          Councilman Bylewski said they also offered mitigation measures in the earlier work session relative to offsite measures. Mr. Palumbo said Benderson offered a donation of 20 additional trees for the arboretum. Councilman Weiss asked if we could possibly designate some of those trees to go somewhere else in the Town as identified by the Parks Department. Supervisor Hallock added that she would like to have that flexibility since we have lost so many trees in the parks. Mr. Palumbo said that would not be a problem.
          Supervisor Hallock said there were many unhappy members of the Town Board, department heads and committee members this week.
          Todd Benderson said he accepts full responsibility for his company. They made a mistake and they apologize. He hopes that the Board can see that and continue with the good relationship that they have had. The mitigation provides for the same caliper of trees as shown on the plan for the 45 trees on site and 28 trees offsite.
          Councilman Kolber asked if it is deemed by the Town that we could use the rocks, would Benderson be willing to transport them to the Highway Department. Mr. Benderson said he would be open to discussion on that.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that the Clarence Town Board approves the request of the applicant, Benderson Development, for a pharmacy and office building to be located at 9217 Main Street subject to the following conditions:

  1. Per the Final Development and Architectural Drawings dated 4/25/07.
  2. A sidewalk to Main Street as depicted in the design.
  3. A continuous natural rock wall with no cap across the front of the property other than an opening for sidewalk access.
  4. A striped crosswalk as identified in final site plan for access to the office building.
  5. Dark sky lighting plan as submitted.
  6. The façade of the office building to match that of the drugstore, as depicted in submitted designs.
  7. Access per NYSDOT approval and per final design with right in only on western side.
  8. A decorative clock to be included in the final design.
  9. Tree preservation at the northeast corner of the property (east side of main access) with appropriate fencing during construction to protect healthy trees, per approved Landscape Plan.
  10. No late night or early morning deliveries - deliveries limited to daily hours of operation.
  11. Transport rocks from site to a Town-owned facility if Town has a use.
  12. No medical offices within the office building without amended site plan as approved by the Town Board to address additional parking concerns.
  13. Per Town Engineer's approval and conditions
  14. No electronic reader boards and signs per ZBA approval.
  15. Subject to commercial open space fees.
  16. Per design submitted June 13, 2007 at 6:36 P.M., 45 new trees will be planted on the site and 28 trees offsite will also be provided to be installed in locations determined by the Town. The value of delivery and installation will be included in the dollar amount as part of the donation by the applicant to the Town.

On the question, Councilman Bylewski said in regard to the 28 offsite trees, it should be added that they are to be installed by the applicant in locations determined by the Town. (included in conditions)
          Todd Benderson said they have quite a few programs in Cheektowaga for offsite tree programs. He had Mike DePriest explain how they work. Mr. DePriest said they determine with the input of the Building Department and/or Town Board a dollar amount for the trees. Benderson contacts a local nursery and opens an account for the Town. That way the Town can get the trees when they want and place them as needed. This process seems to work best for everyone.
          Councilman Bylewski wanted to make sure that the value to deliver the trees was also included. Mr. Benderson said that would be fine. (Councilman Bylewski added to conditions.)
          Councilman Weiss said he believes that the site will look even better with the additional trees.
          Supervisor Hallock said many people were unhappy earlier this week, however, we will have a lot more trees added to the site.
          Councilman Kolber said if we delayed this project, it would lengthen the time and the neighbors would be looking at the mud pile a lot longer.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Larry Reade requests a Building Permit and Architectural Approval for an addition to existing commercial structure at 8525 Main Street. James Callahan said the location is the north side of Main Street at Nottingham Terrace consisting of approximately 1.1 acres in the Traditional Neighborhood District.
          Dave Sutton, Architect said they are seeking architectural approval for the façade renovations proposed. It will include window replacement, store front replacement, door replacement and siding. They found the second story rear portion of the building as not salvageable and would like to remove it. The project is to refurbish a tired building in need of improvements. A front porch would be added with columns on stone foundations and a stone apron will be added all around the bottom of the building.
          Councilman Kolber said the flat roof jumps out and is visible from the street. Mr. Sutton said the problem with putting on a gable roof is that there are windows on the second floor that have to be respected for daylight in the upper units.
          Councilman Bylewski asked if they would be willing to make it look more like the original building by installing chimneys on the east and west ends of the building. Mr. Sutton said he spoke with the owner and they would be willing to construct them using the same stone material.
          Councilman Casilio said he is sure that the neighbors will appreciate the upgrade. He asked if they could also cut the grass and cut down the field. Mr. Sutton said he believes resurfacing of the lot is part of the project and other improvements.
          Councilman Kolber asked if they would consider a different type of siding which better replicates the traditional look. Mr. Sutton said he respects the comments and they had considered it, but Mr. Reade has so much to spend on this project and would like to focus on some of the other architectural elements. They are using premium siding.
          Motion by Councilman Casilio, seconded by Supervisor Hallock to grant a Building Permit and Architectural Approval for an addition to existing commercial structure at 8525 Main Street with the false chimneys added to the east and west ends to mimic the original style of the building and the grounds are to be kept up. On the question, Councilman Bylewski said for the record, vinyl siding is not prohibited in the Traditional Neighborhood District. Mr. Callahan said that is correct. Councilman Casilio added that this is one of the most historical buildings in the Town. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Legion Hall Applications - A. Joan Engasser - June 29, 2007; B. Margy Cadden - July 21, 2007; C. Dan Michnik - Aug. 24, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of May 31, 2007 are approved for payment: General Fund - $375,359.12; Highway Fund - $92,620.60; Water District - $4,516.30; Lighting Districts - $1,118.90; Sewer Districts - $425.75; and Capital Fund - $38,145.36 for a total amount of $512,186.03. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of June 14, 2007 are approved for payment: General Fund - $406,250.60; Highway Fund - $13,571.53; Community Development Fund - $1,025.00; Water District - $33,607.92; Capital Fund - $231,752.67; and Trust and Agency 203 - $515.20 for a total amount of $686,722.92. Upon roll call - Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Bruce Bonhoff said he received phone calls today from several people who are opposed to the Historic Preservation Law and were never notified of the public information hearing that was held June 11th. They were notified by the Town of the informational meeting that was held in March. At that time they were told that they would receive written notice of future meetings. There was notification in the Bee under the spindle items and on the Town calendar that a meeting was being held, but it did not say that it would be an informational meeting.
          Mr. Bonfoff said he feels the meeting held on June 11th should be held again with the proper written notices sent out. He believes also, that the notice should not only be sent to the 55 homes, but to the 700 homes that the survey indicated had possible historic characteristics.

Councilman Bylewski said that a public hearing was set tonight for July 25, 2007 at 7:45 P.M. to consider the adoption of a local law for Historic Preservation. He asked that the 51 homes considered to be significant in the survey be sent special notification. Mr. Bonhoff said what about the other 700 homes. Councilman Bylewski said they would have notice the same as everyone else in the Town, unless someone else on the Town Board wishes to expand that notification.
          Mr. Bonhoff said what about the public hearing that was held on Monday. Councilman Bylewski said that was an informational meeting and as far as he was aware, the notice was done in accordance with our public policy regarding notification. He will have to talk to the department heads as to whether that was handled or not. Any information that would have been brought out at that meeting, he can assure will be brought out at the public hearing.
          Supervisor Hallock stated that all committee meetings are open meetings.
          Mr. Bonhoff said you should note that at the March 15th meeting it was announced that people would receive written notice on the second informational meeting and that was not done.

There being no further business, Supervisor Hallock adjourned the meeting at 10:00 P.M.

Nancy C. Metzger
Town Clerk