06/28/06


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, June 28, 2006 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 read by Supervisor Hallock.

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

Motion by Councilman Weiss, seconded by Councilman Bylewski to accept the minutes of the previous meeting held June 7, 2006. On the question, Councilman Bylewski had a clarification on page 224 regarding the discussion about contacting other school districts. It was his understanding that Clarence had been contacted and Lancaster had not. He does not know if Akron had been contacted either. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held June 14, 2006. On the question, Councilman Bylewski had a clarification on page 226 at the bottom of page "...since the Master Plan was enacted in 2001, the subdivision cap was 170, however there were 173 homes building permits issued in 2001 and 186 in 2002". Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          WHEREAS, the Erie County Legislature is proposing a four (4) year plan that would 1) Eliminate Sheriff Road Patrols; 2) Transfer County Roads to local control; 3) Increase sales tax; and 4) Increase County property tax; and
          WHEREAS, such actions would cause an undue hardship on the Town of Clarence increasing the General Town Tax, which would severely impact our residents, particularly those on fixed incomes and those with families; and
          WHEREAS, the Town of Clarence wishes to take a viable stand in protest to these proposed recommendations by the Erie County Legislature.
          NOW, THEREFORE BE IT
          RESOLVED, that the Clarence Town Board objects to the aforementioned proposals. These proposals, if enacted, would cause serious hardship for the Town of Clarence and its residents; and be if further
          RESOLVED, that certified copies of this Resolution be forwarded to: Erie County Executive Joel Giambra, all Erie County Legislators, and the following Erie County Towns and Villages for support: Akron, Alden, Boston, Colden, Collins, Concord, Elma, Holland, Marilla, Newstead, North Collins, Sardinia and Wales.
          On the question, Supervisor Hallock said the towns listed are the ones that do not have a police force. Villages and the Seneca Nation will also be affected. They found out last week that the towns that do have police also support this because they know it is just the beginning of a lot of charges for non-mandated services from the County. They also agree that the Sheriff's road patrol is the purist form of regionalism. Crime does not stop at town borders.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we received today, a notice of final proposed order of sale of Adelphia to Time Warner. The documents are on file for anyone interested.

Councilman Bylewski said a joint meeting of all the land use boards is scheduled for Wednesday, August 30, 2006 at 7:00 P.M.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Town Environmental Quality Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency status and will commence a coordinated review among involved agencies for the proposed Creekwood Meadows Subdivision. This Unlisted Action involves the development of a 27 +/- Lot Open Space Design Subdivision within the Residential Single-Family Zone and within Erie County Sewer District No. 5. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Town Environmental Quality Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency status and will commence a coordinated review among involved agencies for the proposed utilization of sewer capacity from Erie County Sewer District No. 5 in Clarence Sewer District No. 6, including the proposed Rubino Subdivision. This Type I Action involves the use of sewer capacity from Erie County Sewer District No. 5 within Clarence Sewer District No. 6 for a 47 +/- Lot Subdivision. Upon roll call Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that upon recommendation by the Town Environmental Quality Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency status and will commence a coordinated review among involved agencies for the demolition of a structure greater than 50 years old at 9415 Clarence Center Road. This Type I Action involves demolition of property owned by the Clarence Center Volunteer Fire Company, known as Williams Hall. Upon roll call Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: Councilman Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Town Environmental Quality Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency status and will commence a coordinated review among involved agencies for the demolition of a structure greater than 50 years old at 5955 Thompson Road. This Type I Action involves the demolition of a barn. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Weiss said there have been articles about the Town of Clarence not paying Amherst for sewer treatment charges. We have several questions regarding some of the items we are being charged for. This will be investigated thoroughly. In the spirit of cooperation, the Town Attorney has put together a proposal for the Town to put money in escrow to show good faith.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to adopt the following resolution:
          WHEREAS, the Town of Clarence has received numerous requests for payment of outstanding Sewer Treatment bills from the Town of Amherst; and
          WHEREAS, the Town of Clarence has consistently objected to the payment of these bills until receipt of proof that the bills are accurate; and
          WHEREAS, the Town of Clarence has consistently made their objections known to the Town of Amherst; and
          WHEREAS, the Town of Clarence has previously agreed to and made a good-faith payment of 80% of the previous balance claimed by the Town of Amherst; and
          WHEREAS, the Towns of Clarence and Amherst are presently negotiating a long term contract for future waste treatment to be performed by the Town of Amherst; and
          WHEREAS, the Town of Clarence wishes to continue to act in good faith towards the fair resolution of this claimed outstanding debt and the negotiations for the new contract.
          Now, therefore be it
          RESOLVED, that the Town Board of the Town of Clarence authorizes the Town Attorney to negotiate an acceptable escrow agreement between the Town of Clarence and the Town of Amherst; and be it further
          RESOLVED, that upon reaching an acceptable agreement, the Town of Clarence shall fund said escrow with those amounts claimed, at this time, to be owed to the Town of Amherst by the Town of Clarence.
          On the question, Councilman Casilio said we feel we are being charged for items that do not relate to the sewage treatment at all.
          Councilman Weiss said one item was an allotment for councilmen and various other staff in the Town. He believes the percentage of time for councilmen was 11% of their duties had to do with the sewage treatment plant. We feel that is way over the top. We have brought in outside help to assist us in reviewing this.
          Councilman Kolber said we want to resolve this issue, but we have to be careful with our tax dollars as well. We will pay what we owe them, but no more.
          Supervisor Hallock said she has communicated to the Amherst Supervisor that we are hopeful that this will be resolved soon.
          Councilman Weiss said we are not really sure that we do owe them. They had an assessment charge where the higher the assessment, the higher the charge. Town Attorney Bengart said that is not part of the contract, it is a charge on the bill. These things will be examined thoroughly before there is any payment made.
          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 of the Town of Clarence, is hereby authorized and directed to file an application for funds from the New York State Department of Transportation, Transportation Enhancement Program, in an amount of $120,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Clarence to construct a multi-use trail that begins at Vinecroft Drive on Newhouse Road and leads to Clarence Center Road where it will split and lead west to Meadow Lake Drive and east to Meadowlakes Park. The Town of Clarence will match grant funds with $40,000 in cash and in-kind goods and services or 25% of the total project cost of $160,000.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing for July 26, 2006 at 7:45 P.M. to consider a local law amending the Code of the Town of Clarence Chapter 93 Excavations. A copy of the proposed amendment will be available in the office of the Clarence Town Clerk. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced the resignation of Carl Carlson from the Building Department effective July 24, 2006. We greatly appreciate Carl's support and good work.

Councilman Weiss said Richard Zelawski has resigned from the Senior Center Board effective June 22, 2006. We thank him for his good efforts.

Motion by Councilman Weiss, seconded by Supervisor Hallock to hire Joel Sullivan as seasonal help in the Parks Department at the budgeted rate of pay effective June 29, 2006. On the question, Councilman Weiss said a previously approved applicant did not respond and another has to return to school. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of August 10, 2006 at 10:00 A.M. for the Re-Roofing Project of the Main Town Park Clubhouse. On the question, Councilman Weiss said the Town Engineer has researched this and the last roof was done 30 years ago. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Weiss said we have some proposed increases in plumbing and building permit fees. A complete list is on file in the Town Clerk's office for anyone interested.

Councilman Weiss said the Day in the Park event is this Saturday beginning at 2:00 P.M. There are many fun activities planned for the entire family. Chuck Eckert has done a terrific job again this year. There will be fireworks at dusk. The winner of the Clarence Idol will sing the national anthem.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant permission for Assessor David Folger to attend the 2006 Annual Assessment Conference in Lake Placid from September 17 to 20, 2006 with use of a Town vehicle and reasonable and necessary expenses. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced that he will make an appointment of the Alternate to the Zoning Board of Appeals at the next meeting.

Councilman Casilio announced that the Program Coordinator at the Senior Center has resigned. If anyone is interested they should apply at the Senior Center.

Councilman Casilio said as liaison to Labor Management, he will be meeting with union officials to work on a new 3-year contract beginning in July.

Councilman Casilio said he is working with the Supervisor and representatives from Senator Mary Lou Rath's office to obtain grants for sidewalks in the Harris Hill area.

Councilman Casilio said we have received several complaints about speeding all over the Town. We have contacted the Sheriff's Department about additional patrols in those areas. It turns out in most cases that the speeders are the residents of the areas being complained about. Everyone should make an attempt to slow down a little bit.

Motion by Councilman Casilio, seconded by Councilman Bylewski to adopt the following resolution:
          Whereas, the Town of Clarence purchased the former railroad property from Consolidated Rail Corporation in 1987; and
          Whereas, a portion of the property located at 10687 Main Street encroaches upon the former railroad property now owned by the Town of Clarence; and
          Whereas, said property has no value to the Town of Clarence, does not impact the bike path and is not needed for Town purposes; and
          Whereas, the owners of the property located at 10687 Main Street are interested in leasing that portion of the property owned by the Town; and
          Whereas, the Town of Clarence has no objection to leasing that portion of Town owned property to the owners of 10687 Main Street; and
          Whereas, New York State Town Law, Section 64(2) provides that the Town Board may, upon the adoption of a resolution, lease real property in the name of the town and such resolution may be subject to a permissive referendum.
          Now, therefore, be it
          Resolved, that the Clarence Town Board agrees to lease that portion of Town owned property, not needed for Town purposes and located adjacent to the premises located at 10687 Main Street to the owners of said premises subject to a permissive referendum, as required by law; and be it further
          Resolved, that the Clarence Town Board does hereby authorize and direct the Supervisor of the Town of Clarence to execute and deliver to the owners of the premises located at 10687 Main Street, a lease for a period of 99 years for that portion of Town owned property, subject to Town Attorney approval, and after the time period has expired for the permissive referendum requirement; be it further
          Resolved, that said lease may not be assigned without the prior notification and consent by the Town of Clarence which consent shall not be unreasonably withheld.
          On the question, Councilman Kolber asked if the dimensions are available. Town Attorney Bengart said it is a very small piece of approximately 20 sq. ft. Councilman Casilio said it is next to the Farmer's Market parking lot and you would never notice it. Town Attorney Bengart said it has been this way for many, many years and is of no value to the Town.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Town Clerk Nancy Metzger announced that the Public Hearing for the Williamsville Toll Barrier will be held Tuesday, July 11, 2006 at 7:00 P.M. at the Akron Central High School, 47 Bloomingdale Road, Akron. Written public comments will be received through sometime in August.

Public Participation

Steven Kirk said his family has owned and operated a farm west of the proposed Lakeside Industrial Park for 20 years. It is his mother's primary residence. The property has always been used as a residence and for agricultural purposes. He believes it is appropriate to apply the 100 ft. buffer along the entire western border to protect the farm. This was recommended by the Planning Board.

Florence Kirk requested that the Town Board uphold the recommendation of the Planning Board for the 100 ft. buffer along her property line. Her property is in agricultural use. Lakeside Sod has also operated as an agricultural use for many years. Ms. Kirk and her son and daughter-in-law board and train horses and conduct lessons.

Joyce Bakowski said the Planning Board did recommend a 100 ft. set back, however they were going to meet with the Right-to-Farm Committee to see if there could be other things to take into consideration. The meeting took place on Monday. She is proposing to purchase land adjacent to the Kirk's property to develop a business that is an approved use in an Industrial Zone. They do not feel it is fair to impose any more than the 25 ft. setback. She understands that they live and farm there, but it is zoned Industrial and it is not fair to impact future projects.

Hans Mobius and Peter Jackson of the Erie County Farm Bureau presented a plaque to the Town Board. Clarence has been the best in responding to remedy some of the problems. Councilman Bylewski researched the issue and Right-to-Farm Legislation was passed in 2003 and a committee formed to review projects. This assists in protecting the open spaces in the Town.
          Councilman Bylewski said the legislation was passed as a result of discussions with Mr. Mobius on how we can protect our agricultural and rural character. It is a step in the right direction to make sure that existing agricultural operations are protected and not considered nuisances. All bodies in the Town have to consider the agricultural operations as part of any application.

Stephen Murtaugh, Project Manager of the Arboretum Project said an arboretum is an area in which various types of specimen trees are grown for exhibit, enjoyment and study. The intent was to make a gift for future generations. Most trees will not mature for 50 to 60 years. The Town Board authorized use of the 18 acres around the town hall and library. This has been a joint effort by many people.
          The arboretum consists of two one-acre ponds, two bridges and 4,000 ft. of paths which accommodate wheelchairs and walkers. The newest addition is the gazebo donated by Natale Builders. There is a fundraising effort being conducted which has allowed us to acquire 67 specimen trees so far. A total of 79 trees have been planted. The total for the plan is 270 trees. We have had 11 of the proposed 20 benches donated. We have so far generated $90,000 in funds.
          County Legislator Mike Ranzenhofer donated funding for a fountain for each pond. They will be installed as soon as the electric is available.
          Mr. Murtaugh said it is interesting to see things being added. It is also nice to see how much people are beginning to appreciate the project.
          Supervisor Hallock said this is a nice time to invite everyone to come and walk around the arboretum. The plan is available in the town hall, as well as the fundraising information. This project started out in the Conservation Council a number of years ago. The design committee and the fundraising committee are working very hard. She thanked everyone involved.
          Councilman Weiss said we put trout in the ponds every year, but the Conservation Council has determined that bass are a better alternative. They are less costly and will multiply more than the trout.

Ed Strickland requests a Temporary Conditional Permit to continue a business operation in the Agricultural Rural Residential Zone at 5880 Salt Road. James Callahan said the location is the west side of Salt Road, north of Clarence Center Road. The applicant has operated his business from this location for over 15 years. The applicant is seeking formal approval for continuation of the business.
          Ed Strickland said he has polled his neighbors within 500 ft. and they said they would write him a letter of affirmation that they are not opposed. His business is welding and fabrication of which 80% is done offsite. He did approach the Town and was told he did not have to do anything. He does do about 20% of the business in prep work and parking of his vehicles at this location.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to set a Public Hearing for July 26, 2006 at 7:50 P.M. to consider a Temporary Conditional Permit to continue a business operation in the Agricultural Rural Residential Zone at 5880 Salt Road. Upon roll call Ayes: All; Noes: None. Motion carried.

Daniel Primeau and Doug Cipillone request Subdivision Approval to create three residential building lots in the Agricultural Rural Residential Zone at 5605 Kraus Road. James Callahan said the location is the east side of Kraus Road, north of Greiner Road consisting of an existing residential property of approximately 9.7 acres.
          Daniel Primeau and Doug Cipillone were present. Mr. Cipillone said they were asked to consider combining the driveways to have less curb cuts.
          James Callahan said the proposed lot sizes are in conformance with zoning. It would be a reasonable solution to access management.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that after a thorough review, given the testimony, given the documentation in the file and the Short Environmental Assessment Form to be submitted, a Negative Declaration is issued for the Subdivision to create three residential building lots in the Agricultural Rural Residential Zone at 5605 Kraus Road. The proposed project will not have any significant impacts on the environment. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant Minor Subdivision Approval to create three new residential building lots off the existing lot in the Agricultural Rural Residential Zone at 5605 Kraus Road with the stipulation that there will be only two curb cuts for all four lots. On the question, Councilman Kolber said the existing home is not part of what we are approving. Town Attorney Bengart said it should be more specific about where the curb cuts should be. Councilman Bylewski asked the applicant if they would be willing to do a curb cut off the existing driveway and Mr. Cipillone said yes. The two northern lots would share the other curb cut. Town Engineer Joseph Latona suggested that the northern cut be as far away to the south from the curves on Kraus Road as possible. This is pending Town Engineer approval. The applicant is in agreement with these conditions. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to table the request by Charles Kelkenberg for Subdivision Approval to create additional residential building lots in the Agricultural Rural Residential Zone at the corner of Strickler Road and Keller Road until after the July 11, 2006 meeting of the Zoning Board of Appeals. (James Callahan said the applicant has submitted a request to the Zoning Board of Appeals for a variance on one of the lots.) Upon roll call Ayes: All; Noes: None. Motion carried.

Lakeside Industrial Business Park requests Development Plan Approval for construction of a new industrial business park on County Road, west of Goodrich Road. James Callahan said the property is an existing sod farm consisting of approximately 19 acres zoned Industrial Business Park. The Planning Board has forwarded a recommendation with conditions. A Negative Declaration was issued December 7, 2005.
          Pete Johnson, Engineer was present with the applicants John and Edward Braddell. Mr. Johnson said one of the stipulations was to meet with the Right-to-Farm Committee, which they did. He wanted to know if they made a recommendation.
          Councilman Bylewski said based on a memo dated June 26, 2006 from the Committee, they suggested a 25 ft. setback on the west side of the property adjacent to the Kirk's property; buffer located on Braddell's property consists of the 159.19 ft. area and the 215.20 ft. area and the gas line between those areas be excluded from the buffer; a living fence with appropriate vegetation as a buffer as approved by the Landscape Committee; and no road on the west and north side of the last building to the west shown on proposal and road only to pass in front of the last building to the west of proposed project.
          Mr. Johnson said the applicant has addressed all other conditions of the Planning Board satisfactorily. The applicant agrees with all of the recommendations of the Right-to-Farm Committee. They ask for approval on this project.
          Mr. Johnson said this is phase one of the project consisting of 20 acres and 11 lots.
          Councilman Kolber said given that the zoning is appropriate, he still believes that the adjacent neighbors have a reasonable interest to protect what they have. It is a semi-rural town and he feels his responsibility is to protect the residents living here.
          Mr. Johnson said if you impose a 100 ft. setback on the Braddell's, then you would have to impose it on the north side as well.
          Councilman Casilio said he thinks 25 ft. is too short and suggested a compromise between 25 and 100.
          John Braddell said they feel that the 25 ft. living fence is adequate, and does not think another 25 ft. would make much of a difference. The property has been zoned Industrial since 1964. Anyone who bought the property since then should have known that this was designated as an Industrial area of the Town.
          Councilman Bylewski asked what is proposed to go on the property that abuts the Kirk's farm. Steve Bakowski said he and his wife purchased the property to build a self-storage facility. In discussion with the Right-to-Farm Committee, they agreed that they would not have a road on the west side. This is industrial property to industrial property, not residential. The gas line is 66 ft. right-of-way with 30 ft. on each side that cannot be planted on.
          James Callahan said he had a call from the Clarence Center Fire Chief who had a concern with the recommendation that the road did not circle. They want to make sure that there is access all around.
          Supervisor Hallock said the Planning Board was considering the change in use of the property when they made their recommendation.
          Councilman Bylewski asked if the applicant would accept a condition that the corner piece not be developed. Mr. Bakowski said it gives them some room to build a three-sided building. It is not completely useless. Mr. Johnson said each individual parcel within the proposed park will have to come through the review process. Town Attorney Bengart said the question is appropriate to the applicant being the Braddells. John Braddell said he would not be willing to agree to that.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Development Plan Approval for construction of a new industrial park on the south side of County Road, west of Goodrich Road, subject to the following conditions: 1. Subject to a 100' buffer along the west property line. 2. Requirements of the Town Engineer. 3. Future plans for individual lot development within the park must come back to the Town Board for approval. 4. The road is to be built to public road specifications; the road could become a public road at some point in the future. 5. No permanent structures are to be built over the gas line easement. 6. The sewer laterals to be installed so as to facilitate sewer hook-ups if such service should become available in the future. 7. Subject to open space and recreation fees on all future building permits.
          On the question, Councilman Bylewski asked for clarification on the site plan and where the 100 ft. buffer will be.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Greenman-Pedersen, Inc. requests Concept Approval for extension of Woodside Drive to accommodate 14 +/- residential lots. James Callahan said the location is the west side of Shimerville Road, north of Greiner Road consisting of approximately 161 acres in the parent parcel. The applicant is proposing to split a piece from the parent parcel to accommodate 14 lots at the end of Woodside Drive.
          Sean Hopkins, Attorney was present representing Leonard Denny. Also present was Rob Pidanick and Leanne Johnston of Greenman-Pedersen, Inc. Mr. Hopkins said the project site is 25 acres with each lot being 1 to 2 acres. There are different family members owning the adjacent property. There are no plans for the remaining property. They prefer to put in a public road. He believes a private road can only contain four lots.
          James Callahan added that there are State Wetlands just beyond the proposed cul-de-sac, which would prevent any further extension of this road. Sean Hopkins said that as part of the environmental review, they will have to hire a consultant to prepare wetland delineations.
          Councilman Kolber said there is a mature old growth forest on this land that he would like to see as much maintained as possible. Rob Pidanick said given the size of the parcels, it lends itself to preserving the trees. Mr. Hopkins added that he is sure the applicant would be in favor of no clear cutting of trees.
          Councilman Bylewski said the Board has not been inclined to approve a public road that does not have a public benefit. However, one thing to consider, as mentioned, is the access given to an adjacent parcel. Councilman Bylewski said another thing to look at is the length of the block.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request for Concept Approval for extension of Woodside Drive to accommodate 14 +/- residential lots to the Planning Board for review including comments made here tonight. Upon roll call Ayes: All; Noes: None. Motion carried.

Columba Surianello requests Subdivision Approval to split three new residential building lots in the Agricultural Rural Residential Zone at 9375-9401 Martin Road. James Callahan said the location is the south side of Martin Road, west of Goodrich Road consisting of approximately 5 acres. The Zoning Board of Appeals has granted a variance to allow one substandard lot.
          Columba Surianello and Jim Kelly were present.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the request for Subdivision Approval to split three new residential building lots in the Agricultural Rural Residential Zone at 9375-9401 Martin Road. On the question, Councilman Kolber asked if they would consider joining the driveways if practicable. James Callahan said it may be difficult because of a drainage swale. Jim Kelly said he does not see how that could work with the placement of the existing houses. The builder is already considering placement of the driveways so that they do not butt across from each other. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant a Fireworks Display Permit to Brookfield Country Club for July 4, 2006 having all proper documentation in order. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications: A. Town of Clarence Youth Department July 11, 2006; B. Clarence Soccer Club Sept. 23, 2006; C. Clarence Holiday Valley Ski Club Sept. 24, 2006; D. Clarence Hollow Association Dec. 7, 2006; Legion Hall Applications: A. Jason & Carrie Holden Sept. 24, 2006; and B. Lori Bruno Oct. 30, 2006. On the question, Councilman Bylewski said some of the Town Board are also members of organizations listed, however this is ministerial and they will vote. 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 29, 2006 are approved for payment: General Fund - $140,178.29; Highway Fund - $73,769.42; Community Development Fund - $20,975.00; Water District - $1,715.41; Sewer Districts - $217,207.00; Capital Fund - $3,652.20; and Trust and Agency 203 - $1,550.00 for a total amount of $459,047.32. Upon roll call Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:20 P.M.

Nancy C. Metzger
Town Clerk