08/08/07


A Work Session of the Clarence Town Board was held on August 8, 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 Deputy Town Attorney David Donohue, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Planning Board Chairman Pat Powers.

Director of Community Development - James Callahan

Review of agenda items:

Arthur Fuerst 9450 Main Street
Applicant is requesting amended Development Plan approval to increase the size of the proposed drive-thru coffee shop at 9450 Main Street. The applicant has submitted an amended Development Plan which increases the size of the building and reduces some of the impervious surface area in terms of roads and sidewalks. The applicant has submitted an amended Part I EAF. If the Town Board is to take action to approve this, they should also amend the Negative Declaration under SEQRA to reflect the updated EAF. The increased size of the building will accommodate additional customers; an amended floor plan has been submitted to show 20 seat capacity interior and maintaining the 20 seat capacity outside. Supervisor Hallock stated that she has received complaints for lack of proper maintenance to this property. (For the record, Councilman Casilio left the meeting during discussion of this agenda item).

Jack Willert - Stage Road
Applicant is proposing to add one additional lot for a single-family home on 17.5 acres in the Agricultural/Rural Residential Zone. The proposed site is located on Stage Road near the border of the Town of Newstead. An existing minor subdivision application was approved last year in the same area subsequently they have sold an additional lot. This proposal pushes this project to a major subdivision.

Louie's Car Clinic 9385 Main Street
Applicant is proposing to display additional vehicles for sale at this location along with a truck rental business. The proposed site is located on the south side of Main Street, west of Goodrich Road. The existing Special Exception Use Permit allows vehicle repairs and the display of two vehicles. The proposed site is located in a commercial classification.

The Planning Board has recommended approval of a Temporary Conditional Permit including display of a total of three vehicles (two in front and one in the back) with conditions that are detailed in the Planning Board minutes. A public hearing will be set for September 12th @ 7:50 P.M. to consider a Temporary Conditional Permit.

Metzger Civil Engineering - east of 8940 County Road
Applicant is requesting concept plan approval on his proposal to create 4-lots of approximately 3 acres in size for single-family residential development. The proposed site is located east of 8940 County Road on 28+/- acres of vacant land in the Agricultural Rural Residential classification. The 28 acre parcel is located immediately behind the existing homes along County Road near Heise Road. A large National Fuel Gas easement traverses the property. There is a potential conflict in that there is not an adequate driveway separation between the properties to the west. It has been identified that it is only 61'; it needs 100' separation per the law. It is a pre-existing lot and there is no way to meet the 100' setback.

Cimato Enterprises/Waterford Village PURD
Applicant is seeking final Site Plan/Plat Plan approval for previously designed and approved Phase III of Waterford Commons and Waterford Estates. The proposed site is located on the east side of Shimerville Road, west side of Thompson Road, south of Clarence Center Road. Town Engineer Latona stated that the construction drawings indicate room for a bike path and it so states room for future bike paths by others and crosses over the creek. They are making the bridge wide enough; the permit for the bridge has already been approved. At the May 14, 2003 Town Board meeting, the applicant agreed to provide the blacktop material for the bike path in lieu of paying Open Space and Recreation Fees assessed for the residential portion of the project.

Clarence Center VFC
Clarence Center VFC requests a Fireworks Display Permit for September 2, 2007.

Work Session items:

Rubino Brothers & Shadow Woods
Director of Community Development James Callahan stated that these two projects will be done together. There is a legal settlement because of the court actions associated with them. These two projects will be rescheduled for the August 22, 2007 Work Session.

Carmen Cimato - Kraus Road
Applicant is seeking approval to split 4-residential building lots from the parent parcel. The existing vacant land consisting of approximately 101+ acres in the Agriculture Rural Residential Zone is located on the west side of Kraus Road, north of Clarence Center Road. At least 4-lots have been previously split from the parent parcel; this may be considered a major subdivision. There are no sewers.

John Kausner 4180 Ransom Road
Applicant is proposing to create a 3-lot Open Development area by creating 2 additional residential building lots via an Open Area Development. The existing single-family residential property located on 8+/- acres in the Agriculture Rural Residential Zone is located on the west side of Ransom Road, south of Tillman Road. One of the concerns that has come up via e-mail from several of the residents is the continuation of a business on that property. The Planning Board has forwarded a recommendation with conditions. Councilman Bylewski stated that the issue of having a business operation at this location is troublesome. A home-based occupation is one thing but he has concerns about construction vehicles traveling up and down a private roadway.

West-Herr Automotive Group - Eastern Hills Mall
Applicant requests a Temporary Conditional Permit to continue an outdoor storage area for Saturn & Toyota vehicles in the rear parking area of the Eastern Hills Mall. The original TCP has expired; the applicant is requesting an extension until the end of the year.

Zoning Map amendments
The proposal is to increase the depth of the Restricted Business Zone to allow for reuse of existing properties to accommodate small office building uses. The existing Restricted Business Zone was amended in 2005. The proposed site is located on the south side of Sheridan Drive between Harris Hill Road and Helenwood Drive. A public hearing will need to be scheduled.

Sign Law Revisions
The Planning Board has forward a recommendation to update the existing sign law to incorporate updated concepts for improved community character. A public hearing will need to be scheduled.

Supervisor Kathleen Hallock

Highway Superintendent Ted Donner has ordered the speed trailer, estimated delivery time is 30 days.

Supervisor Hallock stated that arrangements have been made through the Community Development Block grant program for a survey of the area immediately around the four corners in Clarence Center to do some enhancements in that area. We are also working with CDBG for the Harris Hill area as well.

Notices are posted and have been sent out regarding the on-site meeting at St. Mary's Church on Friday, August 31st at 4:00 P.M. Everyone is asked to meet at the front door of the church.

Supervisor Hallock met the president of Millard Fillmore Suburban Hospital yesterday for a tour of the construction site with him and the facilities manager. The hospital is adding 128,000 square feet to the existing plan and will also be renovating 22,000 sq. ft. They feel they will be in a good position if the Commission's recommendations are followed. MFH has offered to help the Town in a number of ways. They are interested in the training our bike path volunteer group. They also talked about education and training presentations at the Senior Center.

Supervisor Hallock will announce an opening in the Highway Department for a Clerk Typist.

Supervisor Hallock received information on the Census. Assistant Director of Community Development James Hartz handled the information for the 2000 Census.

Supervisor Hallock and Animal Control Officer Jerry Schuler met with representatives from the SPCA regarding grants however the information was vague.

Supervisor Hallock has an item to discuss in Executive Session

Councilman Scott Bylewski

Councilman Bylewski commented on an article he read in the Rock Oak Mobile Home Park Newsletter relative to green space preservation.

Bark in the Park and Taste of Clarence was a huge success, Councilman Bylewski thanked all those involved with both events.

Councilman Bylewski will comment on the report from Michael Neumeister from Capital Markets Advisors.

David Elia will be appointed to the Public Safety Committee to fill the remaining term of Jim Kinney.

Councilman Bylewski has received the July 2007 Central Fire Alarm Report.

At the August 1, 2007 morning Work Session there was a discussion regarding the Public Safety Volunteer vests. Fifty vests will be ordered. The front will read "Town of Clarence Public Safety Volunteer" and either the bicentennial or town seal on the front of the vest. The only people who will receive the vests are the people that had a background check and have gone through the safety training. Councilman Kolber stated that the Town has to make sure there is accountability for the vests. The vests are the property of the Town of Clarence and if you are no longer a volunteer, the vest must be returned to the Town.

Jonathan Hickey will be appointed to the TEQR Committee to fill the vacant seat of Al Schultz.

Councilman Bylewski has received the Single Family Dwelling statistics.

Planning Board member Gerald Drinkard has forwarded information on Sycamore trees. It was suggested Sycamore trees be planted at the Walgreens store. There are concerns with the maintenance of the trees.

The Clarence Concert Association has been approached about having a September 11th flag displayed by the band shell. The Town Board was in agreement with this as long as it was no larger than the American Flag that is there now. Councilman Kolber stated if the flag is displayed 24 hours a day, it must be properly illuminated. It may have to be put up and taken down before and after each concert.

Councilman Bylewski reference a memo from Ethic's Board chairman Steven Murtaugh regarding the Transactional Statements, it is referenced in the law that those appendixes are not part of the law. The Ethic's Committee will not meet again until October.

Councilman Bylewski has one item for Executive Session regarding proposed litigation relative to Swormville VFC.

Councilman Joseph Weiss

Upon recommendation of Highway Superintendent Ted Donner Councilman Weiss will make a motion awarding the bid for 4,500 yards of once ground mulch to Akron AG Products at their bid price of $1.25 per cubic yard.

Upon recommendation of Highway Superintendent Donner, Councilman Weiss will make a motion to set a bid date of August 28, 2007 for the purchase of a 2007 Hydraulic Excavator.

Councilman Weiss will make a motion regarding fire hydrant installations at 6204 Goodrich Road and 9095 Main Street.

Councilman Weiss will make a motion authorizing the Supervisor to enter into and execute a project agreement with the NYS Department of Environmental Conservation for financial assistance for a Western NY Municipal Urban Forest Restoration Assistance Grant in an amount not to exceed $6,000.

Councilman Weiss attended the Conservation Advisory Committee meeting and there is concern regarding the deer abatement program. The program administrator for the town John Jondle is leaving the area. There is someone else interested in taking over for Mr. Jondle and will hopefully get the program back on track by September.

An artificial reef was implemented in the pond at Town Hall as an Eagle Scout project for bass nesting.

Town Attorney Bengart is working on a watershed project with the Town of Newstead regarding Ransom Creek.

Councilman Weiss receive an e-mail from members of the lacrosse league; they are looking for financial support from the Town. The league is working with Clarence Little League Football relative to sharing the fields at Sunset Park. Supervisor Hallock stated that the Town no longer gives stipends to baseball, softball or soccer, that money is earmarked for the debt service on Memorial Park. Supervisor Hallock suggested that the league contact Howie Johnt. She would like to see their 990 filing status and their reasons for requesting financial assistance.

To date, Councilman Weiss stated that he has not heard of a meeting being scheduled between the "Gang of Five". Supervisor Hallock stated that Mike Powers has stepped down. Football season will begin soon and any problems should be taken care of before hand.

Councilman Bernard Kolber

Councilman Kolber spoke to Highway Superintendent Ted Donner regarding removal of the fill left behind from a job done by Erie County Water Authority at Salt and Greiner Road. Mr. Donner will bring in a crew on Saturday to remove the fill and truck it to Memorial Park.

Councilman Kolber received a letter from Hank Brodowski regarding the leaky roof at the Historical Museum. The Parks Department has indicated that the roof is not repairable. Supervisor Hallock stated that she has submitted a grant for sprinkler system for the museum and the Gerber Library; we are waiting to see if we get the funding.

Councilman Kolber has one item to discuss in Executive Session regarding sale or lease of real property.

Councilman Patrick Casilio

Councilman Casilio is meeting with the Morlando Committee every other week.

Councilman Casilio is working with Supervisor Hallock, East Hill Foundation and several other organizations regarding grant money. Members of the Morlando Committee have met with Mr. Reed about the pillars that may be on his property and continue to move forward with that. The Highway Department has removed the overgrown brush in the right-of-way. Town Engineer Latona has remarked the sidewalks.

The purchase order was released for the replacement light poles from the Parks Department and for the welding that will be done by James Schlabach.

The bid opening for the Senior Center generator will be August 17th.

The Senior Center is continually asking for a bocce ball court, the cost is approximately $10,000. Councilman Casilio and Supervisor Hallock are looking into funding for possibly next year.

Councilman Bylewski inquired as to the resolution from the Senior Center in support of a community center. Councilman Casilio will mention it at the next Senior Center Board meeting.

The Senior Center is also looking for funding for defibrillators; Councilman Casilio has put them in contact with the First Aide Captain at Harris Hill VFC.

The RFI regarding video cameras is being released on Monday. Once the system is running, a camera system could be placed on the tower at Town Hall which would pan the parking lot, the library and the park.

Councilman Casilio passed around several examples of striping/verbiage for the public safety vehicle. Councilman Casilio is also working with Chuck McNiff from the Highway Department regarding non-descriptive lighting for the vehicle. Councilman Casilio will review this with Mark Koss from the NYS Police.

The disaster trailer has been licensed. Councilman Casilio is hoping to have both the public safety vehicle and the disaster trailer displayed in the Labor Day parade.

There was discussion regarding upgrading the security radios and having extra radios available for Day in the Park.

The Clarence Hollow Association is sponsoring a fund raiser on September 21st at the Western NY Event Center called Wine, Wheels and Song. A significant portion of the proceeds will go toward the purchase of safety and surveillance equipment for the bike paths.

Councilman Casilio was at two events this weekend and was approached by several senior citizens asking about housing for them. Councilman Bylewski stated that the Piestrak development proposed for Goodrich Road will include patio homes and quadplexes.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss matters leading to the discipline of a particular person, matters leading to the appointment of a corporation, the employment history of two particular individuals; § 105(1) E collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law0; § 105(1) H the proposed acquisition or lease of real property; § 105(1) D proposed litigation regarding Swormville VFC and one Attorney-Client item. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:09 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:35 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, August 8, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 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 Hallock. Other Town officials present were Director of Community Development James Callahan, Deputy Town Attorney David Donohue, Town Engineer Joseph Latona, Building Inspector David Metzger, and Planning Board Chairperson Patricia Powers.

Supervisor Hallock said the minutes of the previous meeting held on July 25, 2007 were not ready in time for review. They will be approved at the next meeting.

Supervisor Hallock announced that there will be a public information meeting on Wednesday, August 29, 2007 at 7:00 P.M. in the Town Hall Auditorium regarding intersection improvements at Shimerville and Greiner Roads. The purpose of the meeting is to discuss design alternatives that include the current stop sign control on all approaches, installing a signal system and a roundabout. There will be an opportunity for the public to ask questions and offer input at this meeting.

Supervisor Hallock announced that there is an opening in the Highway Department for Clerk Typist. The position will be posted effective August 9th for 10 working days and is a competitive Civil Service position.

Supervisor Hallock said we have had a number of very successful townwide events take place over the last two weeks.
          Bark in the Park was presented by the Clarence Center Community Association on July 28th with approximately 600 people in attendance at Town Place Park.
          The Take Back the Path Run and Walk was held on August 1st with an estimated 800 to 1,000 participants at the Clarence Center Fire Hall grounds.
          The 6th Annual Tami Barillari Blemel Walk took place last Saturday and was also very well attended.
          The Clarence Chamber of Commerce hosted the Taste of Clarence and Cruise Night on Monday with about 1,000 people at the Main Street Town Park.
          Supervisor Hallock said attendance at the Sunday evening concerts in the park is up considerably and we had people dancing under the stars to a big band sound last Sunday.
          Supervisor Hallock said we are quite thrilled to have all of these community events happening and would like to acknowledge all of the work the chairmen and volunteers of the sponsoring organizations offer to the people of Clarence. The Board is very proud of the community spirit and do try to help the organizations.

Supervisor Hallock announced that we have a birthday, our Councilman Pat Casilio is officially over the hill.

Councilman Bylewski said he would also like to congratulate all of the organizations on their successful events over the past two weeks, especially Bark in the Park by the Clarence Center Community Association and the Taste of Clarence held by the Clarence Chamber of Commerce.

Councilman Bylewski said the Supervisor mentioned a few weeks ago about our rating on bonds and bond anticipation notes. Our financial advisor, Mike Neumeister, prepared a press release which he feels is important to mention. He says that Moody's credit report stated that over the past five years, assessed and full valuations have increased on the average of 7.3% annually, reflecting strong market value appreciation and annual partial revaluation of the town. Wealth levels are well above state medians and the full value per capita is a solid $93,008, reflective of the high value of residential development. Moody's Aa3 rating is the highest rating assigned to a local government in Western New York. In addition Moody's assigned their highest rating of MIG 1 to the short-term Notes reflecting the Town's demonstrated history of satisfactory market access to permanently finance the Notes at maturity. He congratulated the Supervisor and the Town.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint David Elia to the Public Safety Committee to complete the term vacated by James Kinney through 12/31/07. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we are in the process of putting the training together for the public safety volunteers. We have received some applications. Anyone interested should contact the Supervisor's office to obtain a public safety application.

Councilman Bylewski received the Amherst Central Alarm Report for July 2007. Town of Clarence fire companies responded to the following: Structure Fires 5; Miscellaneous Fires 11; EMS Calls 113; Motor Vehicle Accidents 12; and Miscellaneous Calls 30 for a total of 171 alarms.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Jonathan Hickey as a member of the TEQR Committee to fill the remainder of the term of Al Schultz through 12/31/08. On the question, Councilman Bylewski said Mr. Schultz was appointed to the Planning Board as an alternate. Al has done a tremendous service on behalf of the Town. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski reported on the Single Family Dwelling Statistics for July 2007. There were 3 permits issued in subdivisions and 7 outside of subdivisions for a year-to-date total of 42 in and 18 outside. By way of comparison, the year-to-date total for July of 2005 was 75 permits issued, and July 2006 was 68 permits issued. We are still growing as a Town, though not as rapidly as in previous years.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of August 28, 2007 at 10:00 A.M. for the purchase of a 2007 Hydraulic Excavator for the Highway Department. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to award the bid for purchase and removal of 4,500 cubic yards of Once Ground Wood Mulch to Akron AG Products at their bid of $1.25 per cubic yard, they being the lowest responsible bid. Payment in full and insurance certification must be submitted prior to removal of any material from the site. They will be allowed 90 days to remove all material. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that the Town agrees to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for the fire hydrant to be installed in front of 6204 Goodrich Road (Floyd Benzing) subject to the terms and conditions of an Agreement between the owner and the Town of Clarence and the execution of said Agreement by the parties. The owner has agreed to reimburse the Town of Clarence for the annual hydrant maintenance fee in accordance with Mr. Benzing's letter dated May 18, 2007. On the question, Councilman Weiss said this is customary with our agreement with the Water Authority. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that the Town agrees to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for the fire hydrant to be installed in front of 9095 Main Street for Clarence Crossroads Medical Center, LLC subject to the terms and conditions of an Agreement between the owner and the Town of Clarence and the execution of said Agreement by the parties. The owner has agreed to reimburse the Town of Clarence for the annual hydrant maintenance fee in a letter dated December 22, 2006. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that Kathleen E. Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Town of Clarence for a Western New York Municipal Urban Forest Restoration Assistance Grant in an amount not to exceed Six Thousand Dollars ($6,000.). Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Weiss said that at a recent Conservation Committee Meeting they discussed the deer abatement program and the issues they had last year. Permits were received too late. Now, John Jondle will be moving and not heading up the program. The permits have to be in by September. They will be working on it over the next few weeks and he will update everyone at the next meeting.

Councilman Weiss said an Eagle Scout did a project out by the pond putting in cinder blocks for a bass nesting program.
          Councilman Weiss said along with the Town Attorney we are trying to work with the Town of Newstead regarding the water shed and getting our share of the water flow that was short tracked years ago.

Councilman Weiss said we are getting a lot more participation in lacrosse in the Town. The Board discussed earlier the possibility of helping the league increase their availability to fields.

Councilman Kolber congratulated all of the groups for their successful events. These types of events contribute to our quality of life in Clarence.

Councilman Kolber said there has been a pile of fill at Greiner and Salt for some time now. Our Highway Department was going to move it and then the October storm hit. They are still picking up brush from that along with their other projects this summer. The Highway Superintendent informed him today that he will have his employees work overtime on a Saturday and get that cleaned up. He thanks him for that.

Councilman Casilio said the Morlando Committee has been working on improving the entrance to Nottingham Terrace. The sidewalk replacement will start August 20th. Light pole repair and replacement work is being done also.

Councilman Casilio said the bid for the generator at the Senior Center will be opened on August 17th making that building available for use as an emergency shelter if needed in the future. Also, Marc Bendelian, Harris Hill Fire Company First Aid Captain is working with them on defibulators.

Councilman Casilio congratulated the Take Back the Bike Path event which raised money for surveillance equipment for the bike paths.
          Another event coming up sponsored by the Clarence Hollow Association is the Wine Wheels and Song on September 21st at the Western New York Event Center. As part of this event there will be a concert in memory of Joan Diver by national recording artist Pat Shea. Tickets are $25. Funds from this event will also be contributed for surveillance equipment.

Councilman Casilio said the Chamber of Commerce Taste of Clarence event was very successful. They had over 300 cars on display. He wanted to especially thank Paul McCarthy who helps organize this event.

Councilman Casilio said we hope to have our new safety vehicle on the road by Labor Day. Disaster Coordinator David Bissonette will be taking the disaster trailer around to the fire companies to show them the advantages to help us in disaster situations.

Arthur Fuerst requests an amended Development Plan Approval for a previously approved coffee shop/drive-thru at 9450 Main Street.
          Councilman Casilio said he will recuse himself from discussion on this item as his brother is an agent with Arthur Fuerst. A transactional disclosure form is on file.
          James Callahan said the property is located at Main and Goodrich consisting of approximately one acre. Development Plan Approval was granted Jan. 17, 2007. The applicant is seeking an amendment to increase the size of the structure.
          Phil Silvestri, Architect said they would like to increase the size of the building by six feet for a total of about 1,500 sq. ft. The only reason is because of funding. Everything remains the same, except it would be six feet wider.
          Arthur Fuerst said all this is about is the funding. The size of the building was 20' x 59' and now they propose 26' x 59'.
          Councilman Weiss said he never heard of this rational for financing.
          Arthur Fuerst said they are using a rental income approach because there are no sales comparisons.
          Councilman Bylewski questioned the number of seats. They will have to come back for a Temporary Conditional Permit for the outside dining. Mr. Silvestri said they will have the same number of seats. The increase would be within the impervious surface with none of the greenspace being affected.
          Supervisor Hallock said they have received complaints that the grass was not cut. Mr. Fuerst said no one is living in the house but he has had the front mowed.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, an Amended Negative Declaration be issued on the amended Development Plan Approval for the proposed coffee shop/drive-thru at 9450 Main Street. This Unlisted Action involves development of the previously approved coffee shop/drive-thru. After thorough review of the Environmental Assessment Form it is determined that the proposed action is in conformance with the Zoning Law and Master Plan 2015 and will not have a significant impact on the environment. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request for approval of an Amended Development Plan by the applicant, Arthur Fuerst, for an increase in the size of the previously approved coffee shop/drive thru located at 9450 Main Street along with the existing dry cleaning facility, subject to all the conditions in the approval of January 17, 2007, and the following conditions: 1. Seating capacity not to exceed a total of 40 seats on the interior to exterior. 2. Premises to be properly maintained including but not limited to regularly mowing of the grass. 3. Architecture to be continued as with the previously approved design.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Jack Willert requests subdivision approval to create an additional residential building lot on Stage Road. James Callahan said the location is the south side of Stage Road, east of Ransom Road. The applicant previously received minor subdivision approval to split lots from the parent parcel. He is seeking to split an additional lot for residential purposes.
          Councilman Kolber said he received approval for 4 lots and subsequent to that there was a long piece that was sold adjacent to this parcel, which is not an official lot.
          Jack Willert said he has since come in to modify that. The corner lot that they had was no longer a part of it and they still had only four lots for the minor subdivision. This 5th lot is a landlocked piece that does not have any affect on the major subdivision that they submitted a while ago, which was tabled. Since then someone came forward and wanted to purchase this piece. They told them that they would have to go through this process to see if they could get an exception for this 5th lot.
          Councilman Bylewski said his concern is that there was approval given for a minor subdivision of four lots, which is the maximum. Anything over that would be a major subdivision. The Master Plan states that we should be steering future residential development toward approved subdivisions with sewers rather than allowing septic system development to grow. He would be creating a major subdivision which is against the Master Plan, unless he can get sewers out there.
          Councilman Kolber said he likes the idea of one home on 17 acres, but does not like the precedence of going from the previously approved 4-lot minor subdivision to a major subdivision of five lots.
          James Callahan said by definition, the minor subdivision limit is four lots with no time limit of when the splits occur. It cannot be more than four.
          Jack Willert said he understands that, it is just the nature of this lot and he was looking for an exception since he has a buyer. It would have no bearing on the major subdivision.
          Councilman Kolber said he does not see how we can legally approve this.
          Councilman Casilio questioned the long narrow lot. James Callahan said it is a buildable lot that was transferred to a different owner.
          Councilman Bylewski asked if the split was done before or after the law changed. James Callahan said we do not get this information until it is already filed with the County.
          Jack Willert said he swapped the corner lot for this lot. He sold it and he did not realize. Now he is looking for approval for the fifth lot. Supervisor Hallock said then we are creating a major subdivision.
          Councilman Bylewski said there are so many ifs, but we know this would be a major subdivision.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to deny the request for subdivision approval to create an additional residential building lot on Stage Road as stated. On the question, Councilman Bylewski asked if this is completely outside of the previously explored open development area. James Callahan said he believes it is outside of that. The long narrow parcel cut the parcel. We were trying to find a way for him to get a return on the other portion and one of the thoughts was possibly an open development. Mr. Willert will have to look at that and maybe include this parcel with that area. Councilman Kolber said then there are two noncontiguous parcels. Councilman Bylewski said it was mentioned previously of possibly two open developments. Councilman Kolber said he likes the one home on 17 acres, but we cannot approve this as presented. Councilman Bylewski said he will have to look at other options. Councilman Weiss said this request as presented is in the face of our Master Plan. Upon roll call Ayes: All; Noes: None. Motion carried.

Louie's Car Clinic requests a Public Hearing to consider a Temporary Conditional Permit for vehicle sales display area at 9385 Main Street. James Callahan said the location is the south side of Main Street, west of Goodrich Road consisting of an existing auto repair facility. The Planning Board has forwarded a recommendation for two display vehicles in the front and one in the rear under a Temporary Conditional Permit.
          Paul Cambria said he recalls three vehicles and nothing in the rear.
          Supervisor Hallock said this item is to set a public hearing and we can determine that between now and the public hearing.
          Councilman Bylewski said there are a number of items out for display purposes that may not be permitted.
          Mr. Cambria said his understanding is that the only issue before the Board is for additional display spaces in the front of the building for sales. It is also his understanding that in regard to things like moveable displays, they would be contacted by the Zoning Office to remove those things. Councilman Bylewski said he is mentioning it because they may receive that call.
          Motion by Supervisor Hallock, seconded Councilman Casilio to set a Public Hearing for September 12, 2007 at 7:50 P.M. to consider the request by Louie's Car Clinic for a Temporary Conditional Permit for vehicle sales display area at 9385 Main Street. Upon roll call Ayes: All; Noes: None. Motion carried.

Metzger Civil Engineering requests Concept Approval for a 4-Lot Open Development Area east of 8940 County Road. James Callahan said the location is the north side of County Road, west of Heise Road consisting of approximately 28 acres zoned Agricultural Rural Residential.
          Al Hopkins said they propose four lots of about 2.3 acres each. The property was previously owned by National Fuel and they left themselves an easement which runs through the property. There are three wetlands on the project site which they have avoided. The Planning Board has asked them to do some investigation regarding an existing driveway along the property line.
          James Callahan said the entire property was looked at under the SEQR process and they have identified the possibility of a 6-Lot Open Development on the remaining portion. That would be the maximum, but they have no plan at this time.
          Councilman Bylewski said the issue of the driveway came up. There is 61 feet between the nearest driveway and it supposed to 100 feet.
          Mr. Hopkins said the neighbor has the preexisting driveway and a driveway that appears to be 10 feet over on their property to get to a barn at the rear of his property.
          Councilman Bylewski said if they would like the project to go forward, they will have to seek a variance for the issue of a driveway less than 100 feet away. Mr. Hopkins said yes they will because there is no where else they can go with it.
          Councilman Kolber said his issue is protecting existing neighbors when you build behind them and along the driveway next to them. Mr. Hopkins said there is a significant distance from the existing houses.
          James Callahan said this project has to go through the development plan approval process including engineering approval, etc.
          Motion by Councilman Kolber, seconded by Councilman Casilio to grant Concept Plan Approval to Metzger Civil Engineering for a 4-Lot Open Development Area of approximately three acres each in size east of 8940 County Road subject to the following conditions for review: 1. The driveway separation is 61 feet from the adjacent driveway to the east. 2. Additional approval of the Landscape Committee regarding buffering. 3. Homeowners agreement to be submitted to the Town Attorney for review and approval. Upon roll call Ayes: All; Noes: None. Motion carried.

Waterford Village requests Final Site Plan Approval for Waterford Estates Phase III and for Waterford Commons Phase III. James Callahan said the location is the east side of Shimerville Road, north of Roll Road. The applicant has an approved Planned Unit Residential Development (PURD) and is seeking site plan approval for Waterford Estates Phase III including 37 residential lots and 74 lots for Phase III of Waterford Commons.
          Sean Hopkins said this is Phase III of the build out of residential portion of the PURD. They are subject to the original design requirements that were set up in great detail. This project began in June 1998. They are presenting an identical plan of what was previously approved. It is in strict accordance with the Findings Statement. They have obtained all proper agency approvals and are now asking for final approval. This is the final residential building lots for the project. The commercial portion and patio homes remain. They will also continue to donate materials for the recreational trail.
          Councilman Kolber said it would prevent anyone from going back in if it could be graded.
          Fred Cimato said they will help the Town out with the equipment that they have there, but the grading portion was always left to the Town to do. They will help out in any way they can. Councilman Bylewski said he understands that the Town Engineer has spoke with them to come to an understanding. Sean Hopkins said they are willing to help out, but will not take on the responsibility of construction. Mr. Latona said we understand that.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board approves the Final Site Plan for Waterford Estates, Phase III for 74 PURD lots and Waterford Commons, Phase III for 37 PURD lots subject to the dedication of the following roads: approximately 720' of Corinne Lane; approximately 820' of Kilkenny Manor; approximately 680' of Wicklow Manor; approximately 700' of Renaldo Circle; approximately 720' of Donegal Manor; approximately 1,200' of Wexford Manor; approximately 600' of Galway Terrace; and approximately 1,350' of Monaghan Lane subject to the following:

  1. Subject to all conditions of the Town Engineer.
  2. Subject to all conditions as identified in the Development Plan Approval in 2001.
  3. Subject to all stipulations outlined in the declaration of restrictions in accordance with the conditions previously imposed by the Town Board in a letter dated January 19, 2004.
  4. Subject to all conditions outlined in the SEQRA Written Findings Statement dated August 22, 2001.
  5. Continuation of the bike path as previously designed by the Town Engineer with the applicant providing asphalt for extensions as designed.
  6. Additional Bike Path requests/requirements if any.
  7. No building permits shall be issued until the road deeds are filed with the Erie County Clerks Office and proof of same is submitted to the Town Attorney's Office.

On the question, Sean Hopkins asked for clarification on item 6. Councilman Bylewski said that goes back to the understanding by the applicant with our Town Engineer that any additional work that they may be able to provide while on site. Mr. Latona said there is nothing more than that.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant a Fireworks Display Permit to Clarence Center Vol. Fire Company for September 2, 2007 having all proper fees and paperwork in order. Upon roll call Ayes: All; Noes: None. Motion carried.

Amy Domzalski spoke regarding the Temporary Sign Law. Amy said she owns an 800 sq. ft. store at Harris Hill and Sheridan Drive and each day places a small portable sign out and brings it back in. She has been contacted by the Town that this sign is illegal unless she has a permit. The permit is only good for 30-day periods twice per year. She has contacted other businesses in the Town and they all agree that the law should be changed. She asked how she could go about having this law changed.
          James Callahan said there is a proposed amended sign law that is being recommended by the Planning Board. It includes a provision for an annual temporary sign for plazas in a TND that could be brought out each day if they meet the regulations. The current law does not allow this.
          Councilman Bylewski said a copy of the proposed law has been sent to the Chamber of Commerce for their review. The public hearing for the proposed changes will be set at the next Town Board meeting. This could all happen within the next 60 days, which may alleviate her problem.
          Amy Domzalski said she would like the law changed and does not think this should be a problem. She would like to continue to put her sign out.
          Councilman Kolber said it may not look like a problem on an individual basis, but if you look at it on a townwide basis with all of the businesses in Town it could be.
          Councilman Bylewski said we are aware of your concern and we are trying to promote businesses in the Town. Right now the sign law says what it does. A proposed amendment is in review and a public hearing coming up. He encourages her to look at the law and come to speak at the public hearing.

Motion by Councilman Weiss, seconded by Councilman Casilio to approve the following: Clubhouse Applications - A. Clarence Lions Club Monthly meetings 2008; B. Federated Gardeners Group 3rd Monday each month 2008; C. VFW Memorial Post 1200 2nd Tuesday each month 2008; D. Girl Scout Troop 642 2nd & 4th Monday each month 2008; E. Clarence Concert Association 1st Monday each month; July 6, 13, 20, 27, 2008; F. Clarence Youth Bureau Feb. 10, 2008; G. Clarence Soccer Club 2nd Sunday each month 2008; H. Clarence Democratic Committee Oct. 10 & 11, 2008; Legion Hall Applications A. Richard O'Neill Aug. 12, 2007; B. Clarence Democratic Committee 2nd Monday each month 2008; C. Clarence Little League Football Association 3rd Thursday each month 2008; D. Swallow Creek Homeowners 2nd Tuesday quarterly 2008; E. Clarence Football Boosters 1st Tuesday each month 2008; F. J. Michael Hens VFW Post 7870 4th Wednesday each month 2008; G. Clarence Republican Committee 4th Tuesday each month 2008; H. Roselle LaBruna March 22, 2008. On the question, Councilman Bylewski said he and other members of the Town Board are also members of the various groups, 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 August 9, 2007 are approved for payment: General Fund - $82,102.69; Highway Fund - $31,355.16; Water District - $33,607.92; Lighting Districts - $1,152.38; Capital Fund - $209,412.73; Aquatic Growth District - $590.10; and Trust and Agency 203 - $1,041.00 for a total amount of $359,261.98. Upon roll call Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 8:50 P.M.

Nancy C. Metzger
Town Clerk