07/12/06


A Work Session of the Clarence Town Board was held on July 12, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council member’s Scott Bylewski, Joseph Weiss, Bernie Kolber and Patrick Casilio. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, Assistant Director of Community Development James Hartz, Senior Building Inspector Dave Metzger and Town Engineer Joseph Latona.

Assistant Director of Community Development – James Hartz

Public Hearing:

Landscape and Tree Local Law
A public hearing is scheduled for 7:45 P.M. to consider a Local Law amending the Code of the Town of Clarence Chapter 131 to be known as Landscape & Tree Conservation Law. The tree law will apply to any zoning. Town Engineer Latona asked if the tree law gets passed tonight, would it apply to the applicant on Lapp Road. Jim Hartz stated that Chapter 79 Clearing, Filling and Draining Law is in effect and applies to Lapp Road even though it is zoned agricultural. Jim Hartz further stated that if and when the Landscape & Tree Law gets approved, will this replace Chapter 79 or amend Chapter 79 - the clearing action would be duplicated in both laws.

Engineering – Tim Lavocat
The Town Board received a letter from WNY Storm Water Coalition. We are in year four and part of our compliance for this year is we have to adopt two local laws. There is money available through Erie County. There are three options should the Town want to use that money. We have two local laws; Erosion Sediment Control Law and an Illicit Discharge Local Law both have to be adopted as part of the requirements. The Town has to review the both local laws and see how they interact with our existing ordinances and town codes. Town Engineer Latona stated that the biggest concern is that we do not want them to impact other laws or ordinances in the town. We have a grant which allows each municipality $7,000. The one option brought up by the coalition (Erie County Division of Environment & Planning is sponsoring this) is using a County attorney to review all forty-two municipalities ordinances by the end of the year. Town Engineer Latona stated that we should review this and customize the local law to our town. It is a boilerplate document but is fills a gap especially in Erosion Sediment Control and Illicit Discharge Law, we do not currently have any such ordinances. We have to compare them to our Subdivision Law and Grading/Filling Law. The option the Town Attorney Bengart and Mr. Lavocat have discussed is that the County will grant the Town the $7,000 we do the analysis in-house and get reimbursed for that money. Town Attorney Bengart stated that the other option would be to hire outside counsel to review all 42 municipalities. Town Attorney Bengart felt that the Town could do the work in-house. Mr. Lavocat stated that between his office and Town Attorney Bengart office they would put together a work plan, they would then submit it to the coalition for review and approval. They will reimburse back for work that has already been done. These local laws have to be adopted by the end of the year. The Town Board was in agreement with doing the work in-house.

Dunkin Donuts 9430 Main Street
Applicant is proposing to construct a new donut shop. The proposed site is located on the north side of Main Street, west of Goodrich Road on existing vacant land consisting of approximately 1.4 acres zoned Commercial. This will require a Special Exception Use Permit for the drive-thru. Setbacks, parking and green space are adequate. The plans call for a cross access with Wilson Farms.

Nick Tangelder 6000 Goodrich Road
Applicant is seeking approval to expand existing parking area behind existing commercial building (Eshelman building). The proposed site is located on the northwest corner of the intersection of Goodrich Road and Clarence Center Road in the Clarence Center Traditional Neighborhood District. All setbacks in the TND are met with the proposed expansion. Approval is subject to review by the Town Engineer, there are drainage issues.

Nancy Rowley 9645 Martin Road
Applicant is seeking permission to construct an in-law apartment as part of the development of this property. The proposed site is located on the south side of Martin Road, east of Goodrich Road on existing pre-existing non-conforming vacant lot consisting of 1.11+/- acres zoned Agriculture Rural Residential. Per the Zoning Law, a secondary living unit requires a Special Exception Use Permit.

Benderson Development/Eastgate Plaza 5033 Transit Road
Applicant is seeking a building permit to construct an 8000+ square foot in-fill addition to the existing plaza. The proposed site is located on the east side of Transit Road, south of Greiner Road in existing retail plaza consisting of 70+/- acres zoned Major Arterial. The Planning Board has forwarded a recommendation on the addition with conditions of remediating the traffic flows within the plaza. Benderson has submitted letters agreeing in principal to some mitigation for traffic flow and have submitted a revised site plan which will hopefully improve internal traffic flow. Councilman Kolber again asked if the faηade could be setback so the building is not flush with the full length of the plaza.

Guy Berberich/Rolling Creek – 8955 Roll Road
Applicant is seeking Development Plan approval on a 4-lot Open Development area with 2 frontage lots. The proposed site is located on the south side of Roll Road, east of Shimerville Road on existing vacant land consisting of 29+/- acres zoned Residential. The Planning Board has forwarded a recommendation on the proposed Open Development area with conditions. The private drive is to be named Rolling Creek Lane.

Donald Marfurt 8230 County Road
Applicant is proposing to construct a public road to service 45+/- residential lots. The proposed site is located on the north side of County Road, east of intersection with Stahley Road on existing vacant land consisting of approximately 17.74+/- acres. The area is located in the Swormville TND and within Erie County Sewer District #5. It was suggested that coordination with adjoining land use proposals in the TND be considered.

Work Session items for consideration on 7/26/06:

Gullo Realty 6825 – 6843 Transit Road
Applicant is requesting Concept Review for a proposed retail nursery shop. The proposed site is located on the east side of Transit Road, north of County Road. The property includes existing single-family homes located on approximately 3.5 acres zoned Traditional Neighborhood District. Applicant is proposing to demolish the existing homes and construct a new retail store for his landscape business. The buildings proposed for demolition are greater than 50 years old. There are floodplain issues that must be addressed.

Casilio Companies 8755 Sheridan Drive
(For the record, Councilman Casilio left the meeting during all discussion.) Applicant requests Development Plan approval for construction of a 33,800 square foot building. The proposed site is located on the south side of Sheridan Drive, east of Boncrest Drive on existing vacant land consisting of approximately 4.9 acres zoned Restricted Business. The Planning Board has forwarded a recommendation with conditions.

Jack Wilcox 10352 Main Street
Applicant requests Development Plan approval for a 3-lot Open Development area. The proposed site is located on the north side of Main Street, east of Strickler Road in the Clarence Hollow TND. An existing single-family residence is located on the 7+/- acres; applicant is proposing to create 2 additional residential building lots created off the old entrance drive to the former Coachman’s Inn. The Planning Board has forwarded a recommendation on the Development Plans. Councilman Bylewski stated that it was brought up in Planning Board that this project is located within the TND, there are TND issues. What over-rides the Open Development area vs. the TND when we are dealing with sidewalks also the issue of when the Community Character Protection Board would get involved with this process? Councilman Bylewski stated that this is the preferred project for this site and it is far enough off the road his only question is when the Character Protection Board gets involved. Phil Sgamma felt that the Community Character Protection Board would not get involved with this project because it does not front Main Street and it is not a commercial project. Town Attorney Bengart suggested the project still get referred to the Community Character Protection Board.

Brookfield Country Club – Shimerville Road
Applicant is proposing to construct an 8’ tall privacy fence 245’ along Shimerville Road frontage at existing Country Club located on 176+ acres on the west side of Shimerville Road, south of Greiner Road. They are hoping to deter the deer from coming on to the golf course. Per the Fence Law, the Town Board has authority to approve an 8’ fence in non-residential zones. The Town Board requested an example of the type fence being considered, the vista is one of the characteristics of that neighborhood. The fence permit will require review by the Landscape Committee.

Supervisor Kathleen Hallock

Supervisor Hallock spoke with Dr. Coseo last week; there is a previously scheduled joint meeting date of August 21, 2006 at 5:30 P.M. Dr. Coseo asked if the Town Board would be interested in meeting at Ledgeview School at 5:00 P.M. and tour the portable classrooms; the meeting would then take place at Ledgeview. Supervisor Hallock and Dr. Coseo will work on the agenda, if anyone has any items they would like included, forward them to the Supervisor.

Supervisor Hallock has asked Jim Parkes from Fox & Co. to attend the August 2, 2006 morning Work Session to review the final audit numbers.

Morning Work Sessions have been schedule for the first Wednesday in September and October.

Supervisor Hallock attended the Charter Review Commission public hearing Monday night and received the latest draft of the of the Charter Review Commissions recommendations. The County Legislature will review the Commissions recommendations and consider putting it on the ballot for November. Copies will be available tomorrow. There may also be another document that is presented to the County Legislature for consideration.

Senior Code Enforcement Officer Dave Metzger submitted a CEDAR response report.

Supervisor Hallock has a resolution awarding the design contract for electronic door operators for the north Town Hall entrance doors to Kasprzak and Klotzback Architects in accordance with their proposal dated July 10, 2006 for a fee of $3,100 to be paid from Community Development Funds.

Councilman Scott Bylewski

Councilman Bylewski received the Central Fire Alarm report for June 2006 and the 2006 Semi-annual Operations Report.

Clarence Center VFC is requesting approval for their annual Labor Day parade.

Councilman Bylewski spoke at the public hearing regarding the thruway tolls. There were a number of issues that he did not have a chance to mention at the hearing. He will be writing a follow up letter to the NYS Thruway Authority regarding several issues he had with the draft as well as to reiterate the Town’s position. Councilman Bylewski received a call from Steve Murtaugh regarding Conservation Advisory and the thruway toll issue. Mr. Murtaugh would be willing to bring this up to the Conservation Advisory Committee for review. The Town of Newstead Conservation Advisory Committee is getting heavily involved in the process and it may not hurt that if we have any additional environmental information to submit, now would be the time to make sure it gets into the Environmental Impact Statement. The written comment period was extended until August 21.

Councilman Bylewski has one item to discuss in Executive Session regarding matters leading to the appointment of an individual.

The Morlando Committee is a subcommittee of the Bi-Centennial Committee, applications are still being accepted.

Councilman Bylewski will refer the Historic Preservation Law on to TEQR Committee for review and comments. Supervisor Hallock stated that she received the letter from Town Attorney Bengart with an attachment from NYS Office of Parks, Recreation and Historic Preservation dated July 3, 2006 regarding the color review that is included in the draft. Before this went to far, Supervisor Hallock wanted the decision of the Board regarding the color issue because she feels that it is going to be significant when we try to get this passed. Councilman Bylewski stated that he had no problem giving it to TEQR for comments including the color and then having it come back to the Town Board. Before doing the referral, Councilman Bylewski suggested also including tax exemptions for both General Fund and Highway Fund.

Recreation Directors Howard Johnt and Cliff Trapper are recommending the appointment of lifeguards for the remaining summer season.

Councilman Joseph Weiss

Councilman Weiss has a resolution approving the increase in specific building and plumbing permit fees as were presented two weeks ago. A fee of $100 will be charged to renew pool permits that are not completed within 3 months of issue date and a Certificate of Compliance has not been issued with the exception of weather related construction delays. A fee of $500 per week will be charged to the Builder for structures occupied prior to issuance of a Certificate of Occupancy with the exception of residential accessory structures.

Councilman Weiss will make a motion authorizing the Town of Clarence to change short term disability carriers from Hartford Insurance to The First Rehabilitation Life Insurance Company of American effective 8/1/06.

Councilman Weiss will make a motion to authorize the Town of Clarence to change the flex spending account vendor from Bond Financial Network to Independent Health effective 8/1/06.

Councilman Weiss announce that the Parks Department has begun the process of stocking the pond with bait fish. We are going to establish a permanent fishery with bass rather than throwing money away on trout every year.

The Conservation Committee had some questions as to where the Town was with regard to the sewer taps. The Town has not received any correspondence from the Heise-Brookhaven Corporation relative to their status requests. The Conservation Committee also raised issues with regard to the building lots on Woodside Drive. This is an area where septic systems were previously not allowed due to wetlands. Jim Hartz stated that this project has been referred to the Planning Board and it will be addressed in the SEQRA process.

Councilman Weiss voiced his concerns about signs being illegally posted on utility poles and second hand cars for sale throughout the town. Town Attorney Bengart stated that Parks Security has the authority to pull the signs down as long as they are in the right-of-way. A notice will be posted in the Clarence Bee to make the public aware of the situation.

Councilman Weiss has one item to discuss in Executive Session regarding the appointment of a corporation.

Councilman Bernie Kolber

Councilman Kolber has a resolution authorizing the Supervisor to sign the Agreement between Birch Grove Landscaping & Nursery and the Town of Clarence for landscaping for Rails to Trails subject to Town Attorney approval. The bid was awarded May 24, 2006.

Councilman Kolber will appoint Hans Mobius as alternate to the Zoning Board of Appeals with term to expire 12/31/07.

Councilman Patrick Casilio

The Clarence Chamber of Commerce is working on having a bank of public information available so when someone calls the Chamber of Commerce they can direct the people in the right direction.

The Clarence Senior Center has received twelve applications for Program Coordinator, interviews will begin next week.
Councilman Casilio has met with several department heads and the Town Attorney regarding pre labor union negotiations.

Clarence Fire District approved negotiation with the Town of Clarence for sale of the fire chief’s vehicle.

Councilman Casilio has a resolution to authorize the Supervisor to sign the contract for gas lighting supply and maintenance between National Fuel and the Town of Clarence for the Orchid Ledge and Tuscany Lane Gas Lighting Districts subject to Town Attorney approval. There was some question about a broken light at the dead end street off of Willow Brook, the owner would like the light fixed.

Councilman Casilio will give an update on the Morlando Project.

Councilman Casilio has one item to discuss in Executive Session regarding sale of real property.

Town Attorney Bengart has one item to discuss under Attorney – Client.

Horizons Home Show 2006

Joe McIvor Executive Vice President of Buffalo Niagara Builders Assoc.
Hidden Pond – Spaulding Green is the site for the Horizons Home Show, there are eight participating builders. The site sits in the far back corner of the subdivision. The preview party for members and guests will be held July 27, 2006 from 5:00 P.M. until 8:00 P.M. Show hours will run from July 29 through August 13, 2006. Tuesday through Friday from 2:00 P.M. until 9:00 P.M. Saturday and Sunday 12:00 P.M. until 6:00 P.M. Closed on Mondays. Because of existing residences through Boxwood and Hidden Pond the construction road along the cemetery will cleared for parking and people will be shuttled (not through the existing subdivision) around the lake. A portion of the proceeds will go to Camp Good Days and Special Times. Security will be on site around the clock to accommodate safety needs and traffic control to protect the guests. The only time they will require parking from the Town is if there is rain. Supervisor Hallock stated that there was a problem with parking at the home show two years ago at Waterford Village. Mr. McIvor said that with the Towns approval, he would be willing to print signs indicating parking on one side of Goodrich Road only. Supervisor Hallock also suggested that Mr. Fischer be made aware of what is to take place. Councilman Bylewski stated that he has issues with the haul road itself. He is assuming it will still end up a temporary road even after the home show and will eventually be mitigated out as it is not part of the subdivision. His second concern is for the neighbor (Mr. Fischer). Dominic Piestrak stated that he will speak with Mr. Fischer.

Dominic Piestrak stated that the haul road has been paved with an inch of black top which will help to keep the dust down. Mr. McIvor stated that he is anticipating putting a road that would go from the stub street (so people will not have to go through the existing subdivision) around the lake. The road will only be used by shuttle buses taking the people from the parking area to the show entrance, therefore it will just be buses of people rather then hundreds of cars.

Mr. McIvor has looked at the Town Hall and Townview Park as possible parking locations on the weekend incase of rain. Supervisor Hallock stated that the Town Hall would be a better choice as the parks are being used on the weekends. Mr. McIvor asked if he could park cars perpendicular on town property from Townview Park down. Cars will pull in so they face out towards Goodrich Road. He will take responsibility for any damage done to town property and repair any damage to the Town’s satisfaction.

Domenic Piestrak is requesting approval to cut down the grass along the haul road to provide more parking. Town Attorney Bengart will work out the details.

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 the appointment of an individual and the appointment of a corporation, 105 (1) H sale of real property and Attorney client privilege. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:30 P.M.

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, July 12, 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 Joseph Weiss, followed by a prayer given by Barbara Kautz of the First Presbyterian 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 Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Building Inspector David Metzger, Youth Director Dawn Kinney and Planning Board Chairperson Patricia Powers.

Motion by Councilman Kolber, seconded by Councilman Weiss to accept the minutes of the previous meeting held June 28, 2006 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to award the design contract for door operators for the north Town Hall entrance doors to Kasprzak and Klotzback Architects in accordance with their proposal dated July 10, 2006 for a fee of $3,100 to be paid from Community Development Funds. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said our Day in the Park event was a fine success. She thanked Chuck Eckert; and Councilman Weiss for all his time and effort that went into the event also.

Supervisor Hallock said she attended a public hearing of the Erie County Charter Review Commission. She spoke as Town Supervisor and as an officer of the Association of Erie County Governments and as member of a newly enlarged group of town supervisors who are taking a more active roll in lobbying on behalf of their local constituents.
          The Erie County Legislature will review the recommendations made by the Commission and will consider putting it on the ballot in November. There is the possibility of a second document that will be presented for review by the Legislature. One of the two may be put on the ballot. One of the recommendations is for creation of a County Manager. Copies of the recommendations will be available at the Town Hall.

Councilman Bylewski received the Amherst Central Alarm report for June 2006. Town of Clarence fire companies responded to the following: 3 – Structure Fires; 5 – Miscellaneous Fires; 1 – False Alarm; 104 – EMS Calls; 13 – Motor Vehicle Accidents; and 41 – Miscellaneous Calls for a total of 167 alarms.
          Councilman Bylewski also received the Amherst Central Alarm Semiannual Operations Report for 2006. Town of Clarence fire companies responded to the following: 26 – Structure Fires; 2 – Motor Vehicle Fires; 43 – Miscellaneous Fires; 1 – False Alarm; 673 – EMS Calls; 67 – Motor Vehicle Accidents; and 193 – Miscellaneous Calls for a total of 1,005 alarms.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission to the Clarence Center Vol. Fire Company to hold the Annual Labor Day Parade in Clarence Center on Monday, September 4, 2006 beginning at 1:00 pm. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept, with regret, the resignation of Michael Rogowski from the Youth Advisory Council. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the Public Hearing for the Thruway Authority regarding the Toll Barrier Improvement Project was held last night at the Akron High School. He had the opportunity to speak at the hearing. He will also forward written comments to the Authority. Councilman Bylewski is also asking the Traffic Safety Board to review the impact statement and report back to the Town Board with comments that may be forwarded also.

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the Draft of the Historic Preservation Law to the TEQR Committee with the additional language being inserted, "that any property so designated as an historic property would be exempt, in addition to the general fund, the highway fund." Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said he received the Single-Family Building Statistics for June 2006. There were 5 building permits issued in subdivisions and 7 outside of subdivisions. The total number of building permits issued year-to-date for 2006 is 63. Year-to-date totals for the same period of 2005 was 64 and 2005 was 91.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that upon recommendation of the Recreation Directors, the following be appointed as Lifeguards for the remainder of the season at the budgeted rate of pay, effective today, July 11, 2006: Jocelyn Hohman and Courtney Sugg. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski thanked Chuck Eckert, Councilman Weiss and everyone else who participated in Day in the Park. They did an excellent job and made our Town proud.

Councilman Bylewski thanked Supervisor Kathleen Hallock for the great job she does on our Town budgets. We received our annual audit and letter of reportable conditions. This is probably the shortest letter that we ever received. She does a great job laying the groundwork for what eventually becomes the approved budget.

Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the increase in specific building permit and plumbing permit fees as presented two weeks ago and have been available for public review and comment in the Town Clerk's office. No comments were received. On the question, Councilman Weiss said there will be a couple verbiage changes made, which will be made available for public review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Town of Clarence to change the flex spending account vendor from Bond Financial Network to Independent Health effective 8/1/06. On the question, Councilman Weiss said this is according to a suggestion by Mr. Floss, our insurance carrier and Pam Smith. Supervisor Hallock said Bond was no longer going to be able to service us. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Town of Clarence to change short term disability carriers from Hartford Insurance to The First Rehabilitation Life Insurance Company of America effective 8/1/06. On the question, Councilman Weiss said the company will no longer provide the service and it will save us some money. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss thanked Chuck Eckert for another tremendous job on Day in the Park. He works on it all year long. There are so many people who joined in to make the event such a great success. It shows that when you open up opportunities to a lot of groups, you get a lot of talented people together to make a great event. Supervisor Hallock added that Peter DiCostanzo who is in the audience was on the steering committee. Councilman Weiss also thanked Paul Allen from the Parks Department for all of his help.

Councilman Weiss recognized our Building Inspectors David Metzger, Paul Gross and Jeffrey Wilson who all went to Tioga County to assess buildings damaged by the flooding. Our Town was able to contribute to the disaster by way of our personnel and their expertise. The Town will be reimbursed for expenses incurred.

Councilman Weiss said there is a planning seminar tomorrow morning at the Erie County Historical Building at 10:00 a.m. Supervisor Hallock said it is regarding a very important document called "Framework for Regional Growth" that could affect the towns.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize the Supervisor to sign the Agreement between Birch Grove Landscaping and Nursery Inc. and the Town of Clarence for the landscaping for rails to trails subject to Town Attorney approval. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to appoint Hans Mobius 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 Casilio said the committee working on the Morlando Project to refurbish the entrance to Nottingham Terrace is negotiating with the owner of Hometown Cleaners for use of his property. Anyone interested in serving on this committee should submit an application at the Supervisor's office.

Motion by Councilman Casilio, seconded by Councilman Kolber to authorize the Supervisor to sign the contract for gas lighting supply and maintenance between National Fuel Gas Distribution Corporation and the Town of Clarence for the Orchid Ledge and Tuscany Lane Gas Lighting Districts subject to Town Attorney approval. On the question, Councilman Casilio thanked Steve Murtaugh for his input on the contract and Cindi Rosel who worked very hard on this. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio thanked Councilman Weiss and Chuck Eckert for the best ever Day in the Park event.

A Public Hearing was held to consider a Local Law amending the Code of the Town of Clarence Chapter 131 to be known as Landscape & Tree Conservation. James Hartz said this is the 6th Draft created from comments and suggestions from previous public hearings.
          Councilman Bylewski said one of the most significant changes had to do with the deletion of specimen trees and obtaining a permit.
          Speaking to the subject:
          James Blum said trees should be considered an investment as they increase in value with age, pay dividends in terms of increased property value, beautiful surroundings, pure air and water, and savings on energy. Trees are one of the most distinguishing characteristics of the Town of Clarence and he believes we should strive for Tree City status.
          He recommends that this law be passed tonight. We have needed this protection for years. Mr. Blum is pleased with what is in the law regarding protection, but feels it should include identification and protection of very large specimen trees. This could be a future improvement.
          The law assigns a great deal of responsibility to the Landscape Committee. He believes that the Town Board should approve the tree species list and policies for operation of the Landscape Committee.
          Mr. Blum said in regard to remediation, it mentions trees, but not flora as mentioned in the intent portion of the law.
          Mr. Blum does not feel that remediation of two for one replacement is sufficient. The umbrella coverage or tree trunk area will not be equivalent for 20 to 30 years. He believes that maybe it should be five for one with some going to a tree bank for other use.
          Mr. Blum said clearing deprives almost a generation of the benefits of trees. He also believes training for enforcement of the law is necessary. There should also be public awareness of the law supported by the Town Board. There are many ways to get out the information. We need to protect as many trees as possible.

Robert Fogelsonger said he bought his property in 1950 and has planted over 70 trees over the years. Clarence Center had a program Trees for Tomorrow to replace trees that had been removed for the sewer installation. They planted over 150 trees. He is in favor of this law.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that after a public hearing duly held on July 12, 2006 and after all interested parties being heard, the Clarence Town Board adopts Local Law No. 3 of the year 2006 titled "Landscape and Tree Conservation Law" amending the Code of the Town of Clarence. This local law shall take effect immediately upon filing in the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule.
          On the question, Councilman Bylewski said there is a committee being created as a result of this law. The existing committee members will act as holdover members. We have three positions to fill, one from the Planning Board, one from the Conservation Advisory Council and one individual with professional affiliation in a related field of landscaping or landscape design.
          Councilman Weiss thanked Todd Norris for his input, and all the boards that worked so hard on it. He also thanked Mr. Blum for his input. Councilman Bylewski added that Roy McCready and Wendy Salvati did a lot of work also.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Dunkin Donuts requests Concept Approval for construction of a new store at 9430 Main Street. James Hartz said the location is on Main Street west of Wilson Farms. The proposal is for a building just under 2,000 sq. ft. with a drive thru and parking.
          Rob Grasser, Lakeside Engineering was present representing the applicant. The building will be 1,800 sq. ft. with a significant amount of landscaping. They have more than sufficient setbacks. The leach field will be at the rear of the property. No product is made at this store. It is brought in for sale. They project 40% of the use will be the drive thru. Most of the people using the store will be those who are driving by anyway.
          Councilman Bylewski said this is a very busy traffic area. The Town has asked a previous project on the other side of Wilson Farms to consider access from their site to Wilson Farms. The purpose is to provide as much off-street connectivity as possible. The representative said that Reed Petroleum owns both sites and they will have cross easements for these two properties. Councilman Bylewski said they are looking for access to the corner parcel from Wilson Farms also. The representative said he cannot speak for the owner, but he believes they may be willing to discuss anything that is better for safety purposes. Supervisor Hallock said this will come up in the review process.
          Councilman Casilio asked that they make an effort to keep the utilities as far away from the traffic flow as possible.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to refer the request for construction of a new store for Dunkin Donuts at 9430 Main Street to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Nick Tangelder requests a Parking lot Expansion in the Traditional Neighborhood District at 6000 Goodrich Road. James Hartz said the project is at Goodrich and Clarence Center Roads behind the Eshelman Building.
          Nick Tangelder said they would like to expand the stone parking area at the rear of the building to accommodate the staff for the businesses there. That would allow for more parking for customers along the road. Tenants of the building are parking there now.
          Councilman Bylewski said there was an issue about drainage that was brought up and would have to be worked out with the Town Engineer. Mr. Tangelder said they have talked to the Engineer. He is proposing a stone parking lot, so there would not be runoff.
          Councilman Bylewski said normally a paved parking lot is required in a Traditional Neighborhood District. He said in this case the lot is enclosed by a fence.
          Councilman Casilio asked why he was not paving the lot. Mr. Tangelder said the current parking there is stone. He does not want to have the concern of runoff to the neighboring properties and the cost involved.
          Town Engineer Joseph Latona said he will need to see a sketch with elevations for either stone or paving.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board approves the request of the applicant, Nick Tangelder, to expand the existing parking lot located at 6000 Goodrich Road at the northwest corner of the intersection of Goodrich Road and Clarence Center Road subject to the following conditions: 1. Landscape plan approval from the Landscape Committee. 2. No parking shall occur in the front yard of the building. 3. Engineering Department approval of plans. 4. Existing fencing to remain in place.
          On the question, Councilman Casilio said he will have to vote no as he felt it should be paved. Councilman Kolber said he feels the same way.
          Upon roll call – Ayes: Councilman Bylewski and Supervisor Hallock; Noes: Councilmembers Casilio, Kolber and Weiss. Motion lost.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution: (granting the same previous approval with the addition of condition 5.)
          Resolved, that the Clarence Town Board approves the request of the applicant, Nick Tangelder, to expand the existing parking lot located 6000 Goodrich Road at the northwest corner of the intersection of Goodrich Road and Clarence Center Road subject to the following conditions: 1. Landscape plan approval from the Landscape Committee. 2. No parking shall occur in the front yard of the building. 3. Engineering Department approval of plans. 4. Existing fencing to remain in place. 5. Parking lot to be paved and striped.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Nancy Rowley requests a Special Exception Use Permit for a secondary living unit at 9645 Martin Road. James Hartz said the property is vacant land in the Agricultural Rural Residential Zone.
          Nancy Rowley said she is making the request for a new home with an in-law apartment for her mother.
          Councilman Bylewski asked if she was aware of the conditions of such a request including a deed restriction. Ms. Rowley said she is.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for August 9, 2006 at 7:45 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit at 9645 Martin Road. Upon roll call – Ayes: All Noes: None. Motion carried.

Benderson Development requests a Building Permit for an 8,150 sq., ft. addition to Eastgate Plaza at 5033 Transit Road. James Hartz said the location is next to Wal-Mart in the Major Arterial Zone.
          Jeff Palumbo was present representing the applicant. They have made a modification in the parking lot as recommended by the Planning Board. They have addressed the other issues, one relating to access to Greiner Road. The problem was Benderson no longer owns the plaza, but they were contractually committed to have the 8,150 sq. ft. added as part of the sale. DDR has provided a letter stating that they would have no problem in putting the access to Greiner. They had suggested that when the plaza was first built, but the Town Board at the time was against it. They will also work with Uniland at the other end to provide access subject to an agreement between DDR and Uniland.
          Councilman Kolber said he would like to see an agreement that if any of the adjacent parcels would like to connect to that parking lot they could do it. Mr. Palumbo said the problem is that would have to come from DDR; however he does not represent them. You may open up other potential issues that you may not want.
          Councilman Bylewski asked if there is anything proposed for the common area in front of the new addition. Mr. Palumbo said that has not been discussed, but they would not have a problem with dressing it up. Councilman Bylewski said he is looking at coming down the boulevard area toward the plaza and seeing a termination of the vista. Mr. Palumbo said there is not a lot of room, but they could put planters or something. Councilman Bylewski said dressing up the faηade would be nice.
          Town Attorney Steve Bengart said he believes we have done as much as we can with regard to additional accesses. It appears that everyone is willing to cooperate.
          Jeff Palumbo said the issue with Applebee's is that they would loose parking spaces and there is a lease in place.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board approves the request of the applicant, Benderson Development, for a Building Permit to construct an 8,150+/- sq. ft. fill in addition to the existing Eastgate Plaza located at 5033 Transit Road, subject to the following conditions: 1. The Town Attorney has reviewed letters submitted by Benderson Development and DDR agreeing in principle to provide future cross-access points to the north and south. 2. Open space fees to be paid at building permit time. 3. An additional access point at the southeast corner of Applebee's Restaurant to relieve congestion to be considered. 4. DDR to explore any improvements to "terminate the vista" at the end of the boulevard. 5. Benches and Planters to be added in the common area in front of the addition with approval of the Landscape Committee.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Guy Berberich requests Development Plan Approval for a 4-Lot Open Development Area with two frontage lots at 8955 Roll Road.
          Neil Kochis of Wm. Schutt and Associates and Guy Berberich were present. Mr. Kochis said the entire site is approximately 30 acres.
          Councilman Kolber said he thinks it is a great project.
          Councilman Bylewski asked if the applicant is aware of any conditions set and will abide by them. Mr. Berberich said yes.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request of the applicant, Guy Berberich, for Development Plan Approval fro a 4-Lot Open Development Area, Rolling Creek with two frontage lots located on existing vacant land consisting of approximately 29+/- acres located at 8955 Roll Road, subject to the following conditions: 1. The Town Attorney's office shall review and approve the proposed Home Owner's Association agreement. 2. Any area that is to remain undisturbed shall be protected during the construction period by fencing or tape. 3. The conditions of the Town Engineer's letter dated June 7, 2006 must be met. 4. The project is subject to open space and recreation fees to be paid at the building permit stage. 5. The private drive is to be named Rolling Creek Lane.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Donald Marfurt requests Concept Plan Review for a 45-Lot Subdivision on 17.7 +/- acres in the Traditional Neighborhood District at 8230 County Road. James Hartz said the applicant is proposing a public road cul-de-sac consisting of 45 lots.
          Dan Furmanek was present, as partner with Donald Marfurt on the proposed project. This is a proposed patio home development and they are looking for condominium status. They propose single-story homes. They are open to changes and options.
          Supervisor Hallock said there is a different taxing situation for homes considered condominiums. We are looking at a local law to limit the size and it would be subject to review by our Town Assessor.
          Councilman Bylewski said it is also within the Traditional Neighborhood District which includes design standards and we would be looking for connectivity to adjacent parcels. It may not be appropriate to make a referral now without another plan.
          Mr. Furmanek said they may be able to work something out with an adjacent property owner to get the piece immediately adjacent to their project. They have also been working with Erie County Sewer Dist. No. 5 who suggested that they come to the Town and request a preliminary approval and then they can get started with sewer approval.
          Councilman Weiss said there are not enough of the project requirements being met in order for the Town Board to refer it to the Planning Board. He should go to the Planning Department for some guidance.
          Councilman Bylewski said some of the issues they need to address include the 200 ft. buffer from the road, and block length. There are too many design issues not in conformance to move on.
          Mr. Furmanek said this is his first appearance and they are willing to work on these issues to make a nice project.
          Councilman Bylewski said he is not sure what Erie County Sewer is looking for. Town Engineer Latona said they probably want to know how many sewer taps they need.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the request for a 45-Lot Subdivision on 17.7 +/- acres in the Traditional Neighborhood District at 8230 County Road until a different proposal can be submitted. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications - A. Clarence Soccer Club – Aug. 27, 2006; B. American Legion Post #838 – Dec. 13, 2006; C. Clarence Youth Dept. – Feb. 11, 2007; D. Clarence Bicentennial Committee – March 10 & 11, 2007; E. Clarence Arts & Crafts Society – 2nd Thursday each month of 2007; Nov. 2 – 4, 2007; F. Clarence Welcome Wagon – 2nd Wednesday each month of 2007; G. Clarence Girl Scouts – June 3, Sept. 10, 2007; and Legion Hall Applications – A. J. Michael Hens VFW Post #7870 – 4th Wednesday each month 2007; B. Swallow Creek Homeowners – 2nd Tuesday of Jan., Apr., July & Oct. 2007; C. Clarence Girl Scouts – 1st Monday each month of 2007; and D. Clarence Little League Football Assoc. – 3rd Thursday each month of 2007. On the question, Councilman Bylewski said he is a member of Legion Hall item B., however this is ministerial and he will be voting. 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 July 13, 2006 are approved for payment: General Fund - $219,488.59; Highway Fund - $119,848.51; Water District - $33,517.43; Drainage District - $82,546.70; Sewer Districts - $1,074.18; Capital Fund - $173,686.60; and Trust and Agency 203 - $7,883.39 for a total amount of $638,045.40. Upon roll call – Ayes: All; Noes: None. Motion carried.

"For the Good of the Town" Councilman Bylewski said public written comments regarding the Williamsville Toll Barrier Improvement Project can be sent to the New York State Thruway Authority through August 21, 2006. The address is available at the town hall for anyone interested.

There being no further business, Supervisor Hallock adjourned the meeting at 9:02 P.M.

Nancy C. Metzger
Town Clerk