08/09/06


A Work Session of the Clarence Town Board was held on August 9, 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 members Scott Bylewski, Joseph Weiss, Bernie Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, and Town Engineer Joseph Latona.

Director of Community Development James Callahan

Public Hearings:

Nancy Rowley 9645 Martin Road
A public hearing is scheduled for 7:45 P.M. to consider a request for a Special Exception Use Permit for a secondary living unit. A deed restriction is to be placed into the deed for the property and proof of filing of approved deed must be submitted to the Town Attorney.

Formal agenda items:

Buffalo Crushed Stone Wehrle Drive
Applicant requests renewal of annual excavation permit. The proposed site is located on the south side of Wehrle Drive, east of Harris Hill Road at existing quarry/blacktop production operation located in the Industrial Zone. Application was tabled at the July 26, 2006 Town Board meeting. Applicant will be present to discuss concerns identified by Town Board members. Their application is complete, the amount of material to be removed is the maximum allowed. The chronic complaint is the noise from the blasting.

Brookfield Country Club Shimerville Road
Applicant is proposing to erect an 8' fence along Shimerville Road to buffer the golf course, The proposed site is located on the west side of Shimerville Road, north of The Fairways at existing country club located on 176+/- acres zoned Community Facility. Several Town Board members were concerned about ruining the view of the golf course by erecting an 8' fence and suggested alternate means to keep the deer out. The Landscape Committee will review and refer comments to the Town Board.

Sam Miller Jones Road
Applicant would like to subdivide three parcels measuring the minimum 150' x 387' off of the parent parcel for single-family housing while leaving a 5-acre parcel with 90' frontage for future development. The 10.5 acre property is located on the south side of Jones Road approximately mile from the Ransom Road intersection within the Agricultural Rural-Residential Zone and is currently vacant with predominantly small to moderate maturing trees. Applicant is required to obtain Health Department approval for on-site sanitary facilities. Remaining parcel will have insufficient frontage for a single building lot and no guarantee that placing a home in the rear (as open development) will be approved later. Applicant should consider combining lots.

Loretta Stock/Dove Medical Supply 6961 Transit Road
Applicant is proposing to remove a storage barn/accessory building in the rear of the property. The building to be removed is behind the existing home at 6961 Transit Road. The property is located within the TND Zoning District of Swormville. The building is older that 1950, the demolition of any structure built prior to 1950 is a Type I Action under SEQRA and requires coordinated review. It was discussed that the storage barn/accessory building is located in the area where there were drainage issues.

Cesare Banach 8500 Roll Road
Applicant is proposing to expand his business operation and construct a new 20,000 square foot office building with a 16,600 square foot warehouse in the rear yard. The 6-acre parcel is located at the northern terminus of Harris Hill and Roll Road, zoned Residential Single-Family District. The ZBA granted a use variance in June 2005 due mainly because of the sanitary sewer problems. The applicant currently operates his roofing company from the site. Future access will be provided to any public street extension to the north. The Planning Board has forwarded a recommendation with conditions.

Greg Stalker 8960 Hillview Drive
Applicant is proposing to construct a secondary living unit in his new home. The proposed site is located in the newer section of Hillview, east of the recently constructed Forbes Home. The lot was approved as part of the Hidden Valley Estates Subdivision. Under the Zoning Law, secondary living units in the Residential Single-Family Zone require Special Exception Use Permits issued by the Town Board after a public hearing. Applicant has agreed to the conditions provided in the Zoning Law.

Paul Marinaccio 8905 Lapp Road
Applicant would like to clear his property for the planting of corn and hay. The 40-acre parcel is located on the south side of Lapp Road near Krantz Topsoil Farm. The future land use map shows the area in an agricultural classification. The back 20 acres have become wooded over the last 40 years. The applicant had applied for a subdivision approximately 6 months ago, but recently withdrew those plans. The Planning & Zoning Office has placed a stop work order on the property on July 22. The Town Board has recently adopted the Landscape & Tree Conservation Law (Chapter 121). A letter was sent to Mr. Marinaccio indicating that per our Clearing, Filling and Grading Law a significant amount of information will be required.

Essex Homes 6450 Goodrich Road
Applicant is proposing a 64-lot single family subdivision. The 64-acre parcel is located on the west side of Goodrich Road, north of the Keller Road intersection. The property is located within the Residential Single-Family Zoning District. There is a large state jurisdictional wetland on the property; several acres have become wooded over the last 50 years, about 1/3 of the property remains with field vegetation. The applicant has requested a density determination as described in the Zoning Law regarding Open Space Design Developments.

Garth Davis 5945 Goodrich Road
The applicant would like to display vehicles for sale at 5945 Goodrich Road. The business owner operates from property owned by Dr. Schwab about 350' south of the four corners. The business was first approved to operate on October 24, 2001. The Town Board conditioned the approval to operate there being no display or advertising of vehicles. Applicant sent letters to the neighboring property owners stating that there would never be any display of vehicles. Applicant has violated all conditions of his permit. Mr. Davis called today indicating that he would not be able to attend this evenings meeting.

Lakeside Industrial Park Bakowski mini-storage County Road
Applicant is proposing to develop a mini-storage facility as designed. The proposed site is located on the south side of County Road, west of Goodrich Road in the Lakeside Industrial Business Park on existing vacant land within the recently approved Industrial Business Park. Interpretation of the Town Board action establishing a greenbelt/setback requirement from the adjoining agricultural use. The owners of the adjoining agricultural operation have submitted a request to change their zoning to Agriculture Rural Residential. The applicant has submitted a plan showing 100' setback with a road that would encroach approximately 28' into the setback. The Kirks have requested that they be rezoned back to Agricultural/Industrial. Town Attorney Bengart has been contacted by counsel representing Lakeside asking that this project get tabled until he can work something out with the Kirks and Bakowski.

Work Session items for consideration August 23, 2006:

Lia Honda 4891 Transit Road
Requests a Special Exception Use Permit for expansion of automotive sales operation. The proposed site is located on the east side of Transit Road, north of Sheridan Drive at existing retail plaza located on .79+/- acres in the Major Arterial Zone. The area is located in a commercial classification. Applicant is proposing to purchase the adjoining plaza and convert the space for use in existing automotive sales operation.

Properties Unlimited Thompson Road/Orchid Ledge Drive
Applicant is requesting preliminary review of a proposed 25+/- lot subdivision. The proposed site is located on the west side of Thompson Road, south of Greiner Road on existing vacant land consisting of approximately 41 acres zoned Residential Single-Family. At the May 10, 2006 Town Board meeting, the applicant received approval for a 3-lot Residential Subdivision located at the southwest corner of Thompson and Greiner Road with the stipulation that drainage plans be reviewed by Town Engineer. Councilman Kolber asked Town Attorney Bengart to research a local law that would limit applicants' ability to bring in projects after approval and after they have indicated that they had no initial plans for the rest of their property. The issues become whether a public road is acceptable, this project is limited because there are no public sewers which will allow four lots every three years. Councilman Bylewski questioned whether this would be considered a major subdivision with no sewers and does it comply with the Master Plan.

Joann Wilks 5122 Eastbrook Place
Applicant requests a Special Exception Use Permit for a secondary living unit.
The proposed site is located on the west side of Eastbrook Place, south of Greiner Road in existing single-family residential property located in the Residential Single-Family Zone.

Dan Singer 6251 Goodrich Road
Applicant is requesting an extension of parking lot at existing ice cream shop. The proposed site is located on the east side of Goodrich Road, north of Building and Engineering Department. The existing ice cream shop is located on .48+/- acres in the Commercial Zone. Areas of concern include drainage and landscaping.

Len Marinaccio 8850 Lapp Road
Applicant is requesting to construct a pond on existing vacant land consisting of 29.7+/- acres in the Agriculture Zone. The proposed site is located on the north side of Lapp Road, west of Heise Road.

Roll Road Industrial Park
The Planning Board gave Concept Approval for the proposed Industrial Business Park at 8540 Roll Road. The proposed site is located on the north side of Roll Road just east of Newhouse and consists of approximately twenty-nine acres. The Planning Board stipulated that the road be a private road built to public road specifications. The applicant indicated that this would be an extension of Harris Hill Road which is a public road so the extension should be a public road. The question is presented to the Town Board as to whether we proceed with a public right of way. The applicant would like to build the road to town specifications and then dedicate it. The Planning Board further stipulated that any project that goes into the Industrial Park will be required to have their laterals placed in such a manner as to facilitate hook-up to sewers if they ever become available. Councilman Bylewski suggested Amherst Fire Control be contacted regarding the naming of the street.

Metzger Civil Engineering Roll Road west of Shimerville Road
At the July 26, 2006 Town Board meeting, Patrick Development request for Preliminary Concept Review for a proposed 3-lot Open Development Area with two frontage lots on Roll Road west of Shimerville Road was denied. Earlier in the day, they presented plans to the Planning Department for a 12-lot development with a public road and informally introduced the plan to the Town Board. The public road will not benefit the Town.

Metzger Civil Engineering Fairfield Road
On July 26, 2006, Patrick Development also presented a request for Preliminary Concept Review for a proposed 4-lot Open Development area with two frontage lots on Fairfield Road which was also denied. In 1995 there was an approval of an 8-lot subdivision for which there are nine lots now; a lot was created off of Old Hickory. The applicant is now proposing to come off Fairfield Court with a private road for a 5-lot Open Development. All roads in this development as they exist today are public. The Subdivision Law has a minimum number of lots allowed on a cul-de-sac.

Supervisor Kathleen Hallock

Supervisor has a Special Event Request for the Rotary Club Run to Remember.

Supervisor Hallock received a letter from the Department of Environmental Protection regarding the awarding of the second Community Development Grant that will be used for the Bodine Road sewer project.

Supervisor Hallock will make a motion to transfer funds within the General Fund.

Supervisor Hallock received two responses regarding the Towns resolution concerning the relocation of the Williamsville toll barrier. One from Assemblyman Mike Cole with a copy of a press release supporting our position and the other from the NYS Thruway Authority which was informational only.

The NYS Legislature has approved a bill to establish minimum training requirement for municipal planning and zoning officials. The new legislation proposes a minimum training standard of four hours annually for members.

Supervisor Hallock spoke with the manager of Eastern Hills Mall. She gave an update on the opening of several new stores. There will be a 35th Anniversary celebration on Saturday, September 9, 2006.

The joint Town Board/School Board meeting is scheduled for August 21, 2006.

Supervisor Hallock received an e-mail from a resident expressing their appreciation of the bike path and further thanked the Town Board for their efforts in completing the path to Transit Road. The bike path from Shamrock to Transit Road is still under construction and should not be used for at least three weeks.

The Town of Clarence has their own IDA as do four other towns. The Buffalo News has reported that the Amherst Town Board has recommended that the Amherst IDA merge with the Erie County IDA. Smaller towns are allowed to use the Enhancement Zones which we could not do if we joined the ECIDA.

Supervisor Hallock has one item to discuss in Executive Session.

Councilman Scott Bylewski

Time Warner has taken over for Adelphia, they have sent a letter indicating that they will abide by the obligations of the franchise agreement.

Councilman Bylewski received the July 2006 Amherst Central Fire Alarm Report.

The Town is in negotiations with another municipality regarding the purchase of a vehicle. Councilman Bylewski is waiting to hear back.

The Youth Department is looking for a Youth Bureau facility, the search is on going and if anyone has any suggestions, they should contact Youth Director Dawn Kinney.

The agenda for the joint Town Board/Planning Board meeting has been finalized.

At the next Town Board meeting, Councilman Bylewski will appoint Doug Kohler to the Historic Preservation Committee. Gerald Drinkard and Jim Burkard will be appointed to the Landscape Committee; there is still one vacancy that needs confirmation. These appointments are being made under the new Landscape Law.

Councilman Joseph Weiss

The Clarence Teachers Association is requesting approval for use of the large pavilion on August 31, 2006. They are anticipating 400 teachers and have requested permission to erect a large tent with extra tables and chairs to accommodate everyone. Capacity of the large pavilion is 300. The Town Board was in agreement with the request as long as the applicant has the required application on file including all appropriate fees and Parks Crew Chief John Burns is contacted with regard to the placement of the tent.

Councilman Weiss met with Highway Superintendent Ted Donner and Parks Crew Chief John Burns regarding the sharing of employees. Councilman Weiss would like this to be incorporated in union contract negotiations.

Councilman Weiss will make a motion to agree to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for the hydrant to be installed in front of 8526 Roll Road (Italian Marble and Granite). The property owner agrees to reimburse the Town of Clarence for the annual fire hydrant maintenance fee which will be placed on the property owners' tax bill.

The Clarence Community Recreation Corporation is a not for profit Corporation that was organized with the mission of developing, building and operating an indoor multi-purpose sports facility in the Town of Clarence. They recently held a golf outing, the funds raised will be used to secure architectural drawings and other necessary materials to put their prospectus together. The goal is to receive enough donations to build the facility. Once complete, user fees would support the ongoing operations and maintenance of the facility.

The Town Board received a letter from a resident requesting a noise ordinance. Councilman Weiss spoke with him and explained the process and decibel levels. Town Attorney Bengart stated that it is very difficult to prove.

Councilman Weiss spoke to John Burns regarding the signs at the former Youth Center building. One will be removed and the other will be painted over.

Councilman Weiss has one item to discuss in Executive Session.

Councilman Bernie Kolber

Councilman Kolber spoke to the Zoning Board of Appeals members regarding training requirements for municipal planning and zoning officials. He informed them that new legislation proposes a minimum training standard of four hours annually.

The Zoning Board of Appeals is requesting a meeting with Town Engineer Latona regarding a project on Floss Lane.

Councilman Kolber voiced his concern over applicants presenting a project one way and coming back before the board several weeks later with changes. If a applicant comes forward with a project where they are splitting off several lots, there should be a requirement in the application process where the applicant signs off indicating that they have no plans for the other property with a clear underlining statement in the contract that for two three years, the Town Board will not consider any other segmentation concepts for the land. This would make the applicant more up-front when presenting their projects. Councilman Kolber will work with Town Attorney Bengart on developing a contract.

Councilman Patrick Casilio

Councilman Casilio will appoint Janet Vito to the Clarence Senior Center Board. Her term will expire 12/31/06.

Councilman Casilio met with a representative from NYSEG and received different information regarding the light poles in the Harris Hill area. Councilman Casilio requested a letter from NYSEG indicating ownership of the poles and who is to maintain them. Councilman Casilio will keep the Board abreast of any information.

Harris Hill is starting to organize an association. Councilman Casilio has been working on the Nottingham Terrace easement/lease. He will have more information in two weeks.

Councilman Casilio will appoint James Englert to the Traffic Safety Board. There is one more vacancy on that Board.

Councilman Casilio received a complaint regarding a garage sale in Highland Farms Subdivision. Several cars were blocking the street making access unavailable for emergency vehicles. Councilman Casilio also received a speeding complaint in Loch Lea.

The Traffic Safety Board will be meeting in September. The date will be posted as the usual meeting date is the first Monday of the month which is Labor Day.

Parks Security is interested in knowing the status of their vehicle.

Councilman Casilio stated that there is a major sink hole on the Peanut Line near Shamrock Lane. This is the second time this has caved in. The highway department has covered it with plywood however the question remains as to why this keeps happening. Town Engineer Latona suggested the Town Board request the Parks Department and the Engineering Department to work on it to find out what the cause is.

Town Engineer Joseph Latona

Town Engineer Latona stated that with the severe rain, there has been flooding throughout the Town which he and is department have been following up on. There was one area where approximately six houses were inundated; it does qualify as a regional area that needs to be dealt with. All six homeowners have written letters to the Town requesting relief. Highway Superintendent Ted Donner has money in his account for 100 feet of pipe. Almost every basement that was flooded was a walk-out or daylight basement.

Town Attorney Bengart has three items to discuss in Executive Session, proposed acquisition of real estate regarding the soccer fields, attorney/client, and pending litigation regarding Marinaccio.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to 105(1)D pending litigation regarding Marinaccio, 105(1)H proposed acquisition of real estate regarding the soccer fields, 105(1)F history of a particular person and attorney/client privilege. Upon roll call Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:25 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, August 9, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:45 P.M. Pledge to the flag was led by Councilman Patrick Casilio, 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, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Youth Director Dawn Kinney and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Casilio to accept the minutes of the previous meeting held July 26, 2006 as received. Upon roll call Ayes: All; Noes: None. Motion carried.

Approval of the minutes of the previous meeting held August 2, 2006 will be done at the next meeting to allow for review.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant a Special Event approval to the Rotary Club of Clarence to hold "Run to Remember" to be held on August 25, 2006 at the Clarence Town Park, 10405 Main Street beginning at 7:00 P.M. On the question, Councilman Casilio said he is a member of the organization, so he will not be voting. Upon roll call Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve a transfer of $1,000 in the General Fund from A 1620.251 General Equipment to A 1620.454 Stationary Plant and Equipment Maintenance. Upon roll call Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that she received a letter from the County of Erie Department of Environment & Planning informing us that we have been awarded a grant from the 2006 Community Development Block Grant Action Plan for the Bodine Sewer Project. This is the second grant we received for sewer projects in the Hollow this year.

Supervisor Hallock said it is our policy to announce any motions made at work sessions. A motion was passed at the August 2, 2006 work session to partially refund a building permit fee. We also now have a consistent policy regarding refund situations and it did not involve extra work that was not captured in the Building Department.

Supervisor Hallock said she received an e-mail today from a resident expressing thanks for the bike path completion.
          The final paving will be done this week on the section from Bridlewood Drive to Transit Road. People should not use the path for about three weeks until the blockades are taken down. There are a few marks on it already. Gazeboes will be going up soon.
          The section of the bike path between Strickler and Kraus is also completed. A fence will be going up tomorrow separating the bike path from the road.

Supervisor Hallock said the Taste of Clarence sponsored by the Clarence Chamber of Commerce was held on Monday night at the Town Park on Main Street. It was a well run and well attended event. It was great for the Town of Clarence and the Chamber should be proud of their efforts.

Councilman Bylewski echoed the Supervisor's comments regarding the Chamber event. Congratulations to all of the parties involved.

Councilman Bylewski said we now have a new cable franchise in Town, Time Warner. They sent a letter stating that they will comply with the applicable laws of the franchise agreement that we currently have in place.

Councilman Bylewski received the Central Fire Alarm July 2006 Operations Report. Town of Clarence fire companies responded to the following: Structure Fires 8; Motor Vehicle Fires 1; Miscellaneous Fires 13; EMS Calls 133; Motor Vehicle Accidents 23; and Miscellaneous Calls 83 for a total of 261 alarms.

Councilman Bylewski said the Youth Department under Director Dawn Kinney has been exploring the idea of a youth bureau facility. We are in the process of obtaining youth bureau status and it is necessary to have a facility. The Youth Department has and will continue to expand on the programs offered. We are open to suggestions for a location that can house offices, conference and multi-purpose rooms, computer work stations, multi-use library and private rooms for counseling or other programs.

Councilman Bylewski reported on the Building Department Single-Family Dwelling Permits issued in July 2006 as 2 outside of subdivisions and 3 in subdivisions for a total of 5. Year-to-date permits issued for 2006 is 68. By comparison, year-to-date through July 2004 was 110 and in 2005, 75 permits were issued.

Councilman Bylewski announced that a joint meeting is scheduled for August 30, 2006 for the Town Board, Planning Board, TEQR Committee, Zoning Board of Appeals, Town Engineer and Town Attorney.

Councilman Bylewski said our planning bodies have been participating in training to become certified. The New York State Legislature has recently approved a bill to establish minimum training requirements for municipal planning and zoning officials. The proposal is for a minimum training standard of four hours annually.

Councilman Bylewski said there are vacancies on the Historical Preservation Committee and the Landscape Committee that we hope to fill in two weeks.

Motion by Councilman Weiss, seconded by Councilman Bylewski to agree to pay the annual fire hydrant maintenance fee to Erie County Water Authority for the fire hydrant to be installed in front of 8526 Roll Road (Italian Marble and Granite). The property owner agrees to reimburse the Town of Clarence for the annual fire hydrant maintenance fee in accordance with the letter dated August 8, 2006. The annual fee will be placed on the property owner's tax bill. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Weiss also congratulated the Chamber of Commerce on a great event.

Councilman Weiss thanked Dawn Kinney who has been doing a terrific job since she has been our Youth Director. She recently put together a white water rafting trip at Letchworth Park. It was a great day. He also thanked Dave Hallock for driving.

Councilman Weiss said a group of people interested in getting a hockey organization in Town held a fundraiser at Glen Oaks. The proposal is to put one sheet of ice and an adjacent area for a practice field that could be used by other sports teams. There is a movement and they had a successful fundraiser.

Councilman Weiss said he had a meeting with Ted Donner from Highway and John Burns from Parks regarding shared use of employees. They will be working on that through the contract negotiations.

Councilman Casilio also thanked the Chamber of Commerce for the great event, especially Paul McCarthy for the turnout of cars on display.

Councilman Casilio said they have been working with NYSEG on some utility poles in the Harris Hill area.
          They are also working on sidewalks in the Harris Hill area.

Councilman Casilio said we received a complaint over the weekend regarding a large neighborhood garage sale in Highland Farms. Both sides of the roads were full of cars which made for an unsafe situation. We are hoping that in the future residents will make sure there is enough room left for emergency vehicles to get through.

Councilman Casilio said we are still receiving complaints about speeding. The Traffic Safety Board is meeting next month to discuss possible resolutions.

Motion by Councilman Casilio, seconded by Supervisor Hallock to appoint James Englert as a member of the Traffic Safety Board effective immediately, with term to expire 12/31/06. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to appoint Janet Vito as a member of the Senior Center Board of Directors effective immediately, with term to expire 12/31/06. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Casilio stated that there is still a vacancy on the Traffic Safety Board and on the Senior Center Board of Directors.

Councilman Bylewski said that Item 21 will be tabled until the next meeting at the applicant's request.

Department Reports

Dawn Kinney, Youth Director said there were about 130 participants who attended classes in the Summer Youth Series. They held eight classes including reading adventures, math enrichment, kindergarten readiness, magic class, caricature drawing, story telling and the white water rafting event.
          Dawn said the youth volunteer program continues to grow with volunteers working at several Town events and at Sacred Heart. Our new program coordinator, Michele is doing a great job getting more kids involved. Brochures and registration forms are available for youth ages 12 to 20 to join the Youth Volunteer Program on the table in the hallway at the Town Hall.

Councilman Weiss said there was recently a negative comment in the Bee Heard that said we have a new director and the programs are less. He said he was liaison to the former Youth Center and there were only a few kids there once in a while. Dawn has done a terrific job offering a variety of programs.

A Public Hearing was held to consider a request for a Special Exception Use Permit for a secondary living unit at 9645 Martin Road. James Callahan said the existing vacant lot is located on the south side of Martin Road, east of Goodrich Road consisting of approximately 1.1 acres zoned Agricultural Rural Residential. The applicant is seeking approval to construct an in-law apartment as part of the single-family development.
          The applicant was not present.
          With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Supervisor Hallock, seconded by Councilman Casilio to table decision on the request for a Special Exception Use Permit for a secondary living unit at 9645 Martin Road until the applicant is present. Upon roll call Ayes: All; Noes: None. Motion carried.

Buffalo Crushed Stone requests annual renewal of their Excavation Permit for Wehrle Drive. James Callahan said all required information has been submitted.
          Joe Laraiso, Executive Vice President of Buffalo Crushed Stone was present.
          Supervisor Hallock said we have received several complaints about the operation and that is why he was asked to come in.
          Mr. Laraiso said it is not uncommon for them to receive calls about the blasting. They establish a log and then go out to meet with the people to see what their concerns are. They offer to put a seismograph on their property to make sure nothing is exceeding the limits. The daily blast reports are sent to the DEC. They would be glad to forward those reports to the Town on a day that a complaint was received or on a regular basis.
          Mr. Laraiso said they shoot 3 to 4 times per week rotating the sites so that it is not constant in one area. If complaints are called in to their office, they do respond to them and make sure they are in compliance. They are not required to notify the public according to their mining permit.
          Councilman Bylewski said one thought was public notification to let people know it was going to be in their area. Mr. Laraiso said he would prefer to notify the Town. A lot depends on the weather. In one area, they are doing surface cutting which tends to be louder. They have another 80+ years to mine at this location. When they are done, it becomes a freshwater reservoir for Erie County.
          Supervisor Hallock said she has forwarded three complaints to him so far this year. One woman got 44 signatures from her neighbors mostly concerned about the noise. A few of them had additional complaints including a large crack in a crawl space, a large crack in a ceiling and during the Noon blasting pictures falling off the walls, dust and the house actually shakes. A resident from Wehrle Drive said someone came to her house last year, but she did not know what the result was. She also said the blast on July 24th was the worst ever.
          Councilman Casilio said he has received complaints regarding the odor from the blacktop batching plant when the wind direction is right. They are considering an updated plant for the future. He has also heard complaints about the truck traffic at night, which he understands is because they are producing it for the DOT and the Thruway.
          Mr. Laraiso said they wish they did not have to work at night, but the DOT and the Thruway Authority are doing all of their reconstruction projects at night. Mr. Laraiso said they are sensitive to the residents in the towns being impacted. They have been experimenting to minimize the size of the shot, and the amount of charge they use. They tried one large shot for the week, rather than 3 to 4 per week. They have tried changing the time of day and that did not work. People preferred to know when it was going to happen.
          Councilman Weiss said people are calling the Town and they should be calling them directly. Councilman Bylewski said the Town does forward people to them.
          Mr. Laraiso said they go out to people and offer to have the insurance adjustor go out and take pictures and assess damage. Some of the people do not want to do that. He has gone out himself to talk to people. If people are claiming that the blasting is causing damage, they have to cooperate and let the insurance people photograph and videotape.
          Supervisor Hallock asked if they would be willing to meet with the residents. Mr. Laraiso said they would be happy to do that. They would bring in their monitoring group and blasting group to explain what they do also. Supervisor Hallock said she would appreciate that and they could use the auditorium. It may go a long way to help everyone understand.
          Motion by Councilman Kolber, seconded by Councilman Weiss to grant renewal of the Excavation Permit for Buffalo Crushed Stone for the period of one year, with the condition that they will meet with the residents of the area within 60 days. Upon roll call Ayes: All; Noes: None. Motion carried.

Brookfield Country Club requests an 8 ft. fence along Shimerville Road. Joe Ferolo, General Manager was present. They do not have enough room to do much with plants. They propose a fence with ivy growing on it. It will look very nice.
          Councilman Bylewski asked why they prefer an 8 ft. privacy fence as opposed to something else. Mr. Farole said there is a drop off of about 4 to 5 feet and they wanted to keep the same grade. They intend to take the arborvitaes down. There are huge gaps in some places.
          Councilman Kolber said he has heard more comments regarding this item on the agenda than anything else. People do not understand why they want to ruin the view. It is one of the most beautiful vistas in the town.
          Supervisor Hallock asked if they had any intention of extending it past the 247 feet and he said no. There are also no plans for fencing along Greiner Road. Supervisor Hallock said our Town Code requires review by the Landscape Committee.
          Councilman Bylewski said the concerns for them to address include the type of fence and the height of the fence.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request by Brookfield Country Club for an 8 ft. fence along Shimerville Road to the Landscape Committee for review with the concerns of type and height of the fence in mind. On the question, Councilman Weiss said part of the ambience and charm is the trees and he does not think they are in that bad of shape. He feels they should stay as opposed to a fence. Councilman Casilio said they should maybe consider staggering the fence. He thinks it will take away from the charm. Upon roll call Ayes: All; Noes: None. Motion carried.

Sam Miller requests a 3-Lot Minor Subdivision on Jones Road. James Callahan said the location is the south side of Jones Road, east of Ransom Road consisting of approximately 10.5 acres in the Agricultural Rural Residential Zone.
          John Kausner was present representing Mr. Miller. He said Mr. Miller intends to only use one lot at this time. Councilman Weiss asked if he is aware that he is creating an unbuildable lot. Mr. Kausner said yes. He is not sure right now what he is going to do with the rest of the property. Councilman Bylewski said we cannot grant an unbuildable lot. Mr. Kausner said he believes Mr. Miller would like to see is two 150 ft. lots and the remainder of the property as the third split beginning from the east property line.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that after a thorough review of the application and the determination that the proposed action is in compliance with adopted Master Plan 2015 and the local Zoning Law, a Negative Declaration is issued for a 3-Lot Minor Subdivision as stated on the record. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a 3-Lot Minor Subdivision on Jones Road with two 150 ft. lots from the east property line heading in a westerly direction and the remainder being the third lot, and subject to the following conditions: 1. Town Engineer to review and approve drainage plans of future homes. 2. Erie County Health Department approval for on site sanitary facilities. Upon roll call Ayes: All; Noes: None. Motion carried.

Loretta Stock, Dove Medical Supply requests a Demolition Permit for an accessory structure over 50 years old at 6961 Transit Road. James Callahan said the location is the east side of Transit Road, north of Stahley Road in the Swormville Traditional Neighborhood District. This would be a Type I Action under SEQR.
          Loretta and Gary Stock were present.
          Councilman Bylewski said the one concern is with the drainage.
          Loretta Stock said she is unable to use the building because of the water problem. She proposes to demolish the building and use the area for parking only.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to refer the request by Loretta Stock, Dove Medical Supply for a Demolition Permit of an accessory structure over 50 years old at 6961 Transit Road to the TEQR Committee. Upon roll call Ayes: All; Noes: None. Motion carried.

Cesar Banach requests Development Plan and Architectural Approval for a 20,000 sq. ft. office building and a 16,000 sq. ft. warehouse at 8500 Roll Road. James Callahan said the location is the northwest corner of Roll Road and Harris Hill Road consisting of approximately 6 acres zoned Residential. A variance was granted allowing a commercial use on the property. A Negative Declaration was issued on the Concept Plan. The Planning Board forwarded a recommendation with conditions.
          Cesar Banach and Tom Thielmann, Urban Engineers were present. Mr. Banach brought in samples of building materials he would like to use. Mr. Thielmann said the sewer treatment system will be in the southwest corner of the property with the connections of the building coming out toward Roll Road. It could then be adapted to a sanitary sewer along Roll Road in the future. The existing building will be demolished.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved that the Clarence Town Board approves and grants the request of the applicant, Cesar Banach, for Development and Architectural Approval for the construction of a new 20,000 sq. ft. office building and a 16,600 sq. ft. warehouse in the rear yard to be located at 8500 Roll Road on 6 +/- acres located at the northern terminus of Harris Hill Road at Roll Road subject to the following conditions: 1. The conditions outlined in the Town Engineers letter of June 14, 2006 must be met. 2. Property must be landscaped per the Landscape Committee approved plan. 3. Required laterals to be installed to facilitate for future hook up to public sewers. 4. Provide future connection to extended Harris Hill Road through parking area as shown on Development Plan dated May 15, 2006. 5. The 12 ft. unpaved road for fire access is temporary until Harris Hill Road is dedicated. 6. Subject to commercial open space fees.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Greg Stalker requests a Special Exception Use Permit for a secondary living unit at 8960 Hillview Drive. James Callahan said the location is the new section of Hillview Drive in Hidden Valley Estates on an existing residential lot. The applicant is proposing an in-law apartment. A Special Exception Use Permit is required in accordance with the Zoning Law.
          Greg Stalker said they are proposing to build a single-family residence with an extra bedroom and bathroom area for a future in-law apartment.
          Councilman Bylewski said there are other conditions, such as the deed restriction that will be required.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing for September 13, 2006 at 7:45 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit at 8960 Hillview Drive. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to table item 18. Paul Marranaccio Request a Clearing Permit to allow for corn and hay at 8905 Lapp Road as the applicant was not present. On the question, James Callahan said a notice was sent to the applicant that additional information including contours, tree removal and re-vegetation plans and Army Corp of Engineer approvals. Upon roll call Ayes: All; Noes: None. Motion carried.

Essex Homes requests a determination on Density Yield for the proposed Shadow Woods Subdivision at 6450 Goodrich Road. James Callahan said the location is the west side of Goodrich Road, north of the Pine Breeze Subdivision consisting of approximately 65 acres in the Residential Single-Family Zone. The applicant has proposed an Open Space Design. The Planning Board has made a determination on the density for the Open Space Design.
          Sean Hopkins of Hopkins, Garas & Sorgi, PLLC was representing the applicant. William Schutt, Wm. Schutt & Associates was present as the project engineer. Mr. Hopkins said at this point in time there is a disagreement between the project sponsor and the Planning Board regarding the density pursuant to the Town's open space requirements.
          Mr. Hopkins said the project was originally proposed with 87 sublots and after discussions with the Planning Board, they are proposing 64 sublots. The Planning Board feels the proper density is 45 sublots.
          Mr. Hopkins said up to this time the proposal is for an open space design. They feel that they have presented a design that meets the intent. The disagreement is the manner in which the density calculation was reached. Section 4.3 of the Zoning Code sets forth the manner by which the determination of the density is to be reached. Their position on the proposed project is set forth in their letter dated July 17, 2006, which was submitted to the Town.
          They disagree with the determination with respect to designated wetlands and dense area of mature woodlands. He feels that terms within the Zoning Code have to be defined. The term mature woodlands is not defined anywhere in the Zoning Code or Subdivision Regulations. There is one section at the southeast portion of the site that the Planning Board felt should be included and they do not. They have not received any documentation supporting the determination.
          Mr. Hopkins said in regard to wetlands, he believes the Planning Board also subtracted the 100 ft. adjacent area required to surround any New York State Wetland. The 100 ft. adjacent area is not wetland. The Zoning Code does not define wetlands, however the Subdivision Law does.
          Mr. Hopkins said the benefits of the open space design being proposed are numerous with 50% of the project site remaining as open space including a 45 ft. buffer along Pinyon Court and Goodrich Road. The choice they will have to make if they are not provided the density of 64 lots is to go back to the as of right plan. There would no longer be 50% open space and the neighbors would probably not receive the proposed buffer. They would like to do the open space design. The only other course of action would be the commencement of an Article 78 proceeding. They believe that 45 lots on 65 acres are not economically feasible. He asked that the Board provide reasoning for any determination that is made.
          Councilman Weiss said as liaison to the Conservation Committee, their definition of mature woodlands is that which can reproduce itself. The Planning Board has spent time on this and they have determined that it is mature woodland and he stands behind their recommendation.
          Mr. Hopkins said everyone is entitled to their own definition, but you have to point to something in your Zoning Code to support that definition. Councilman Weiss said it is defined in our Tree Law.
          Mr. Hopkins said they are willing to agree that the 17.9 acres contains mature woodlands despite the fact that the term is not defined.
          Councilman Weiss said in regard to the photo being shown, it depends on when it was taken, what kind of weather there was, etc. Councilman Kolber asked when it was taken. Mr. Schutt said he believes it is from 2002.
          Councilman Kolber said the portion they agree to as mature woodlands is already being subtracted from the calculation because of the wetlands. Councilman Weiss said so they really are not giving the Town anything. Mr. Hopkins said you are getting protection of the entire wetland with 50% of the site as open space. Bill Schutt spent a lot of time to work around the greenspace. Councilman Weiss said you say we get some greenspace, and we could go into the benefit of the profit margin that we are affording to you.
          Councilman Bylewski said there are things we have to consider as we review this project. The recently enacted Landscape Law was adopted on July 12, 2006 has an interplay with the Subdivision Law. The Town Board, at its discretion, may direct an applicant to pursue an open space design. The third area is when considering an open space design, under our Zoning Law Section 229-108(B)(6)(c) excluding from the overall calculation any other areas that are deemed unfavorable for various reasons.
          Sean Hopkins said zoning powers come from the State. He believes the categories mentioned have no basis in New York State Law. They are looking for a win/win project.
          Town Attorney Steven Bengart said he left a message for Mr. Hopkins this afternoon, which he did not receive. He would like to have a moment to talk to his client. (The Town Board continued on with the other items.)

Motion by Supervisor Hallock, seconded by Councilman Bylewski to table item 20. Garth Davis requests review of existing Temporary Conditional Permit for automotive sales at 5945 Goodrich Road as the applicant was unavailable. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table item 21. Bakowski Mini-Storage requests a determination on setback and greenspace for proposed project on County Road at the request of the applicant. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Casilio to grant approval for the following: Clubhouse Applications: A. Clarence Hollow Association Nov. 16 & 17, 2006; B. Clarence Home Bureau monthly meetings for 2006-2007; C. Clarence Concert Association monthly meetings & activities for 2007; D. Clarence Soccer Club monthly meetings for 2007; Legion Hall Applications: A. Debbie Singer Aug. 18, 2006; B. Smiling Shamrocks 4-H monthly meetings for 2007; C. Clarence High School Football Boosters monthly meetings for 2006-2007; D. Mom's Club monthly meetings for 2007. On the question, Councilman Bylewski said he is a member of the Hollow Association, 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 Weiss that after proper audit and review by the Town Board, the following bills of August 10, 2006 are approved for payment: General Fund - $103,396.80; Highway Fund - $39,525.15; Water District - $35,455.99; Central Alarm - $206,712.70; Fire District - $2,161.40; Lighting Districts - $1,030.19; Capital Fund - $435,761.30; and Trust & Agency 203 - $1,450.00 for a total amount of $825,493.53. Upon roll call Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Pat Powers said she lives in the Harris Hill area. She said Brookfield Country Club is one of the most beautiful vistas we have in Town. She believes that putting in almost 300 ft. of an 8 ft. high fence is a travesty. There is landscape netting that they can put on the bushes. If it is privacy they are trying to achieve, there are many other ways to do that.
          Councilman Casilio said he agrees it is a shame to cover up such a beautiful area that way.

(Continuation of Item 19.)
          Sean Hopkins said they agree they will have to come back with a layout, and they will maintain a greenspace buffer of 45 ft. adjacent to Pinyon Court and Goodrich Road with a permanent conservation easement.
          Councilman Bylewski said we may not have a specific definition for woodland, but there is one for large, medium and small maturing trees in the Zoning Law. It talks about tree height categories which states large trees grow to a minimum of 40 ft., medium maturing trees grow to a minimum height of 20 ft., and small maturing trees grow to a minimum height of 10 ft.
          Sean Hopkins said without guidance in terms of definitions in the Zoning Code, there is no expectation at the end of the day of what they can do. Councilman Weiss said they met with the Planning Board and they gave them the expectation.
          Town Attorney Steven Bengart said incorporating the minutes from the Planning Board with regard to this matter, together with the letter, together with the Town Board's interpretation of the laws, this could go forward or the Board could table it. He guesses that we will be several lots away from an agreement in the end. The law is what it is and we believe we have something to stand on. The determination was based on sound ground.
          Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          WHEREAS, the Town of Clarence has established an Open Space Design Development Overlay District to encourage a quality design with preservation of open space, and
          WHEREAS, the Open Space Design Development Overlay provides a mechanism to preserve open space and the natural and scenic qualities important to the residents of the Town, in designing new housing developments, and
          WHEREAS, Essex Homes has submitted an application for Open Space Design for a proposed Subdivision on Goodrich Road in the Town of Clarence, and
          WHEREAS, the Town of Clarence has identified the permitted number of units that could be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Residential Single-Family Zone,
          NOW THEREFORE, BE IT
          RESOLVED, that the Clarence Town Board identifies that a density yield of 45 lots may be developed via Open Space Design Development, based upon the regulations identified in Section 229-108[B](6) of the Zoning Law and the Attached Aerial Photograph that depicts the natural and scenic areas to be protected on the property and the density calculation as prepared by the Town of Clarence Planning Board dated February 17, 2006.
          On the question, Councilman Bylewski said the letter is referenced as part of the February 17, 2006 item. We are referring to a letter on behalf of the Planning Board that set forth the density calculations dated February 17, 2006 sent to Sean W. Hopkins from the chairman of the Planning Board.
          Town Attorney Steven Bengart said all minutes from the Planning Board that have to do with this matter are incorporated by reference.
          Councilman Kolber said he feels that he must support our Planning Board, but he feels like he is going against encouraging open space designs.
          Councilman Casilio said he feels he must support the Planning Board also. He believes they did a lot of work on this and it is close to the goal we are trying to achieve.
          Upon roll call Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:42 P.M. in honor of Nancy Johnt. Her husband Howie has worked in the Town Recreation Department for many years.

Nancy C. Metzger
Town Clerk