08/11/04


A Work Session of the Clarence Town Board was held August 11, 2004 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’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Director of Community Development James Callahan, Town Attorney Steven Bengart, Senior Building Inspector David Metzger and Town Engineer Joseph Latona.

Director of Community Development James Callahan

Public Hearings:

Towne Automotive 5411 Transit Road – Public Hearing scheduled for 7:45 P.M. to consider the request for a Special Exception Use Permit for construction of a new automotive sales facility for Hummer of Buffalo. The Planning Board has forwarded several recommendations to grant a Special Exception Use Permit.

Formal Agenda Items:

Domenic Piestrak – Hidden Pond Subdivision

Applicant requests Development Plan approval for Hidden Pond Subdivision Phase II, Part III for 36 Residential A lots. All approvals are in order.

Angelo Natale – north of 5795 Thompson Road

Applicant requests Concept Plan approval for development of a 4-lot Open Development. The Planning Board has forwarded a recommendation with conditions, including a question over sewer connections, a conservation area and adequate screening to adjoining property owners.

Curtis Swanton 9595 Clarence Center Road

Applicant request Concept Plan approval for development of a 2,592 square foot commercial building. The proposed site is located on the south side of Clarence Center Road between Elm Street and Creekview Drive across from Clarence Center Elementary School. The property consists of .34 acres with 100’ of frontage in the Commercial Zone.

Work Session items for consideration at the 8/25/04 meeting:

Cimato Enterprises

Applicant requests Clearing Permits for Highland Park Subdivision and Waterford Estates Phase II. The request to clear topsoil in Waterford Commons Phase II is in advance of Development Plan and Site Plan Approvals.

Mark Dean 8660 Sheridan Drive

Applicant requests a Building Permit and Architectural Approval for construction of a 1,175 square foot addition to existing dentist office. Additional parking and upgrades to the façade will also be included.

Bob Reggentine 9920 Main Street

Applicant requests a Building Permit and Architectural Approval for construction of a 3,120 square foot addition to existing commercial facility to be used as a storage area.

Summit Credit Union 5641 Transit Road

Applicant requests Concept Plan approval for construction of a new financial facility. Applicant is proposing to raze the existing structures on the property and construct a new credit union with drive thru facilities. Project is proposing to utilize existing curb cut and retention ponds.


Garret Bock 10570 Stoneway (applicant asked to be removed from agenda)

The proposed site is located on the north side of Stroneway Drive, west of Ransom Road. The property consists of 2.37 acres, zoned agricultural. Approval for the lot was granted by the Tow Board in 1991. A variance was granted for utilization of this lot by the Zoning Board of Appeals 5/18/1991. Applicant is seeking Town Board verification that the lot can be developed with a single-family home.

Supervisor Kathleen Hallock

At the July 28, 2004 Work Session, Supervisor Hallock distributed revised computer policies and asked everyone to look it over. She did not receive any questions or comments so a motion will be made to adopt the revised policy.

Supervisor Hallock will make a motion to create a Security Officer PT position for Civil Service.

Supervisor Hallock has a resolution authorizing her to sign the grant application for the Clubhouse.

Supervisor Hallock will make a motion to transfer funds from Contingency to Equipment for a new stove/oven at the Senior Center.

Supervisor Hallock has a resolution approving Friends of Clarence applying for DEC grant for the Arboretum.

Supervisor Hallock has a resolution authorizing her to sign the agreement for Needs Assessment for Records Management grant.

The Clarence Hollow Merchants Association is requesting Town Board approval for a parade on Main Street to be held October 2, 2004 to celebrate the new look of Clarence Hollow.

Councilman Ian McPherson

Councilman McPherson will announce the placement of several stop signs.

Councilman McPherson will make a motion approving the purchase of a stove/oven for the Senior Center.

Councilman McPherson announced that Supervisor Hallock sent a letter to Amherst Supervisor Susan Grelick regarding the sewer bill. All the correspondence that has come from Clarence Town Board and from Erie County is just requesting the information so that we can clean up the bill situation. The Town of Amherst is sitting on this information and putting road blocks in the way of providing the information for Fox and Company. Councilman McPherson suggested Town Attorney Bengart contact Amherst Town Attorney Tom Jones and request that the information be provided immediately. The information is readily available for evaluating the bills between the two municipalities. Councilman Kolber suggested filing a Freedom of Information Request to obtain the information.

Councilman Scott Bylewski

The Clergy Association Walk is no longer called the Walk for Gandacha. Because of the volatile situation in Gandacha an alternative site in northern Afghanistan has been selected, they plan on breaking ground soon. The walk will take the same route as in the past, proper authorities will be notified.

Councilman Bylewski has received the monthly fire alarm report from Amherst Central Fire Alarm.

A memo was distributed relative to amending our Demolition Law regarding historical structures that were constructed prior to 1950. Director of Community Development James Callahan stated that this change just identifies that a building was constructed in 1950 or before and does not prohibit the demolition of a building. A private property owner has the right to proceed with a demolition with the proper permit. The amendment does not say the Town can not issue the demolition permit. This change will give the review agency a chance to comment and identify how significant this structure may or may not be.

Councilman Kolber attended a Historical Society meeting and they have some suggestions regarding historic preservation. A Public Hearing will be scheduled for September 8, 2004 @ 7:45 P.M.

Several applications were received relative to the vacancy on the Planning Board. Councilman Bylewski is requesting Executive Session pursuant to Section 105 (1)F of the Open Meeting Law to discuss matters leading to the appointment of an individual.

Councilman Bylewski received a letter from the DEC regarding the closure of the Clean Harbors/BDT facility.

Councilman Bylewski stated that we have received a proposal regarding Cell Towers.

Councilman Bylewski received a telephone call from Jack Colocousis regarding the soccer tournament and the damage that was done to the fields. Supervisor Hallock stated that she has spoken to the Soccer Club and has been reassured that they have every intention of paying for all the material. However, those four fields will be out of commission for the rest of this year. A meeting will be scheduled with the Soccer Club to review their lease agreement.

Councilman Joseph Weiss

Town Assessor Dave Folger is requesting Town Board approval to attend a conference in Hudson Valley from October 3 – October 6, 2004 with all reasonable expenses and use of a town vehicle.

Councilman Weiss has a Resolution requesting Erie County Water Authority remove the existing fire hydrant in front of the new Harris Hill Fire Company.

Councilman Weiss will make a motion appointing Daniel Loudenslager to the Plumbing Board.

Councilman Weiss will make a motion authorizing Supervisor Hallock to sign an agreement with Access Systems, Inc. (consultant) for professional services to perform a Needs Assessment for the Records Management Project in the Building/Engineering Department.

Councilman Weiss announced that he has met with representatives from Grand Island, Amherst and Cheektowaga regarding their Youth Center Board. He is putting together criteria for a Youth Director for the Town of Clarence. This is a Civil Service position.

Highway Superintendent Ron Witnauer is requesting that his desk be declared surplus. The desk was used by his father when he was Supervisor.

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


Councilman Bernard Kolber

Councilman Kolber will make an appointment to the Senior Center Board to fill the remaining term of Peg Callahan.

Councilman Kolber will set a Public Hearing for September 15, 2004 at 7:00 P.M. to consider a Local Law imposing a temporary six month moratorium on land use approvals in the Town with the possibility of one six month period of extension.

Councilman Kolber received several brochures regarding the disposal of latex paint. Copies will be made available in the Town Clerk’s office.

Councilman Kolber will make a motion authorizing the Supervisor to sign a grant application for carpeting in the Clubhouse.

Councilman Kolber will make a motion authorizing the Supervisor to file an application for a DEC tree planting grant for Memorial Park.

The Historical Society is working on a book regarding Historical Clarence. They hope to have this project completed before Clarence Bi-Centennial.

Councilman Kolber addressed the article in the Buffalo News regarding damage to farmer Szulis crops due to drainage problems in northern Clarence. Councilman McPherson stated that the problem is with the Town of Amherst and their lack of addressing drainage and ditching issues. Councilman McPherson stated that whenever there is flooding, the water gets to the edge of the Town of Clarence, goes across into the Town of Amherst and then backwashes into the Town of Clarence again. The water goes north and south when the normal flow is from east to west. Town Attorney Bengart will address this issue with Town of Amherst Town Attorney.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1)F of the Open Meetings Law to discuss matters leading to the appointment of an individual, matters leading to the appointment of a corporation. Section 105(1)D pending and proposed litigation. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:10 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:28 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 11, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Bernard Kolber led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held July 28, 2004 as received. Upon roll call – Ayes: Councilmembers McPherson, Bylewski, Weiss and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber (he was not present). Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:

WHEREAS, the Friends of Clarence, Inc. is applying to the New York State Department of Environmental Conservation for a project grant under the Urban and Community Forestry Program to be located on the Clarence Arboretum, a site located within the territorial jurisdiction of the Clarence Town Board; and

WHEREAS, as a requirement of these programs, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located,”

NOW, THEREFORE, be it resolved that the Clarence Town Board does hereby approve and endorse the application of the Friends of Clarence, Inc. requesting funds from the New York State Department of Environmental Conservation, Urban and Community Forestry Program for planting of trees on the Clarence Arboretum, property owned by the Town of Clarence. In support of said project, the town will provide $12,228 or 56% of the total project cost of $21,698 in in-kind goods and services.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the July 2004 revision of the Town of Clarence Computer Policy that was originally established in May 2002. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to create three Security Officers PT positions for Civil Service purposes. On the question, Supervisor Hallock said we have received approval from Civil Service on the job titles and the positions are in the Non-Competitive Class. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the request from the Clarence Hollow Association for a parade on Main Street from a location to be determined to Antique World on Saturday, October 2, 2004 from approximately 11:00 A.M. to Noon. On the question, Supervisor Hallock will notify all of the necessary agencies. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the Motor Vehicle Department operates every Friday at the Clarence Library from 10:00 A.M. until 3:00 P.M. However, they will be operating at the Town Hall on September 17, 2004 only.

Supervisor Hallock announced that we have an opening on the Ethics Committee due to relocation of a member. Applications can be obtained in the Supervisor’s Office.

Supervisor Hallock said she received a supply of brochures from the State of New York Department of Public Service on having an energy smart summer and New York’s Summer 2004 Electricity Outlook. The brochures offer energy saving measures and are available in the Town Clerk’s Office.

Supervisor Hallock announced that the Third annual Tami Barillari Blemel Memorial Walk will be held on Sunday, September 12, 2004 at the Clarence Town Park on Main Street. Registration has been moved up to 8:00 A.M. this year. Children’s activities and a continental breakfast will follow the walk.

Motion by Councilman McPherson, seconded by Supervisor Hallock that at the request of a resident and upon recommendation of the Traffic Safety Board, approval is granted for placement of stop signs at the following locations: one going north on Brentwood Drive and one going west on Hedgewood Drive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said some time ago the Town Board approved an expenditure of up to $20,000 for oven replacements at the Senior Center. The Building and Grounds Committee under Jim Blum went to work on the State Bid process. They were able to find a convection oven, a range and gas connector kit for a total of $6,893.35. He commends the hard work done by this committee.

Motion by Councilman McPherson, seconded by Supervisor Hallock to accept the quote from Buffalo Hotel Supply Co., Inc. in the total amount of $6,893.35 of the $20,000 expenditure previously approved. On the question, Councilman McPherson said the old oven and stove will be given to the Parks Department for placement in the Large Pavilion. They would be surplus, because there is no trade-in value to the vendor. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said he announced that they were going to establish an ad hoc committee at the Senior Center to look into various issues. The first meeting will be Thursday, August 19, 2004 in the Planning Board conference room. The public is invited.

Councilman McPherson said in the previous work session, they discussed the Town of Amherst sewer billing situation with the Town of Clarence, Town of Amherst and Erie County Sewer District No. 5. We are at odds with some of the bills sent out by Amherst. He watched the portion of the Amherst Town Board where they discussed this issue and he finds the way they are proceeding to develop the information we need is unsatisfactory. Councilman McPherson has asked Town Attorney Bengart to contact the Amherst Town Attorney to get this back on track to get us the information we need.

Councilman McPherson asked if any departments have surplus furniture, the Senior Center could use it for a couple offices. You can contact him.

Motion by Supervisor Hallock, seconded by Councilman McPherson to authorize the transfer of $6,900 from A 1990 Contingency to A7610.220 Equipment for the Senior Center. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Central Fire Alarm Report for July 2004. Town of Clarence fire companies responded to the following: Motor vehicle fires – 1; Miscellaneous fires – 9; EMS calls – 100; Motor vehicle accidents – 19; and Miscellaneous calls – 27 for a total of 156 alarms.

Councilman Bylewski said today was the deadline to submit an application for a Planning Board member or alternate. The Board will be holding interviews to fill the position.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for September 8, 2004 at 7:45 P.M. to consider Local Law amending Chapter 69, Demolition of Buildings of the Code of the Town of Clarence. On the question, Councilman Bylewski said it was discussed in the work session and the argument is property rights versus community rights. The proposed amendment refers to structures built before 1950 going through an additional level of review to obtain a demolition permit. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski reported on the number of building permits issued in July 2004 as follows: 14 permits in subdivisions and 5 outside of subdivisions; compared to July 2003: 26 permits in subdivisions and 10 outside of subdivisions. The number of permits issued year-to-date through July 2004: 76 permits in subdivisions and 35 outside of subdivisions and year-to-date through July 2003: 106 permits in subdivisions and 33 outside of subdivisions. Councilman Bylewski said in comparison to last year we are down by about 28 building permits issued for residential dwellings. The numbers are a little bit lower than over the last few years, but that is expected under a moratorium. We still have building going on.

Councilman Bylewski referred to James Callahan for a report on the action items taking place while under the moratorium.

James Callahan reported: Planning Board completed review of Draft 4 of the zoning law and made amendments according to the input received. The public hearing is set for Wednesday, August 18, 2004 at 7:30 P.M.

The MRC has performed a coordinated review according to the State Environmental Quality Review Act and is finalizing expanded Part II and Part III Environmental Assessment Form for recommending final action on the draft law.

The Draft Subdivision Law is being proofread by the Planning and Zoning Department for distribution to the Planning Board sometime in August.

The consultants for the Adequate Public Facilities Law are compiling their report after meeting with the various public service providers. A draft of the law may be available for review by the Town Board in the fall of 2004.

The proposed contract has been forwarded by Wendel Duchscherer to develop a Parks and Recreation Master Plan. It is under review and may be ready for approval by the Town Board at the next meeting.

Councilman Bylewski reported that a copy of a letter from the DEC to the Project Manager for Clean Harbors BDT, dated July 14, 2004 was received. It states that they received the updated Closure Certification Report dated July 1, 2004, which indicates that demolition and offsite disposal of the Building No. 2 pad and walls will occur. The DEC agrees that this is an effective plan towards final closure of the site and asked for advance notification when they plan to start demolition. Updates to the Closure Certification Report should be submitted for review.

Councilman Bylewski said the major area of concern under our Master Plan is to preserve our rural character. There are a lot of agricultural activities going on in the Town, including the Clarence Hollow Farmers Market every Saturday morning. Hans Mobius just hosted a horse show that was very well attended. In order to preserve the rural character, it is necessary to support these activities.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant permission for Assessor David Folger to attend the 2004 Annual Assessor’s Conference to be held at the Hudson Valley Resort from October 3 – 6, 2004 with reasonable and necessary expenses and use of a Town vehicle. On the question, Councilman Weiss said this is a requirement for certification. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following resolution:

Be It Resolved, that the Clarence Town Board hereby authorizes Kathleen E. Hallock, Supervisor, to sign an Agreement between the Town of Clarence and Access Systems, Inc. (Consultant) for professional services to perform a Needs Assessment for Records Management at a fee not to exceed $16,000, subject to Town Attorney approval. Funds have been awarded by the New York State Education Department for this project.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to appoint Daniel Loudenslager as a member of the Clarence Plumbing Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the request for the Erie County Water Authority to remove the existing fire hydrant in front of the new Harris Hill Fire Company at 8630 Main Street. On the question, Councilman Weiss said there are hydrants on either side of the fire company and it was deemed by the State of New York that it is not required. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he has spent time with people from Grand Island, Cheektowaga and Amherst regarding their youth director. At present, we have a part-time person as the director of our center. He is compiling the information from the other towns and in accordance with Civil Service, is looking to seek a youth director for the Town. He believes it would help us get County and State aid for programs and meet the needs of the youth in the Town. More information will be brought forward in the future.

Councilman Weiss said he has a request from Ron Witnauer regarding a desk that he has used that was his father’s when he was Supervisor of the Town. He asked that it be deemed surplus and he would like to have it. The desk has sentimental value to Mr. Witnauer.

Motion by Councilman Weiss, seconded by Councilman McPherson to declare the desk in the Highway Superintendent’s Office as surplus. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock that the desk in the Highway Superintendent’s Office will be available for sale at a later date with notice for sale to be posted in the Town Clerk’s Office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski asked Councilman Weiss if he was looking to close the youth center? Councilman Weiss said he would like to see the full time person assess the needs of the youth, which would include looking at the youth center and what we would do with it. He does not feel it is being used to its capacity.

Motion by Councilman Kolber, seconded by Councilman McPherson to appoint Patricia Schanzer as a member of the Senior Center Board of Directors to fill the remainder of a term to expire 9/30/04. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to adopt the following resolution:

Resolved, the Clarence Town Board authorizes Supervisor Kathleen E. Hallock to sign a contract between the Town of Clarence and the County of Erie for funds appropriated by the County of Erie to the Town of Clarence for the replacement of carpeting in the Clarence Town Park Clubhouse in the amount of $8,659.

On the question, Councilman Kolber said as it stands we are not sure about funding coming from the County. Supervisor Hallock said it could be in jeopardy depending on the County Executive. The Town Attorney has reviewed the contract.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to grant approval of the following resolution:

RESOLVED, that Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to file an application in an amount not to exceed $10,000 and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to this municipality for the purchase and planting of trees at Memorial Park within the town.

The Town of Clarence will match grant funds with $12,324 in in-kind goods and services.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to set a Public Hearing for Wednesday, September 15, at 7:00 p.m. to consider a Local Law “Imposing a Temporary Six-Month Moratorium on Land Use Approvals In the Town of Clarence”, with the possibility of one (1) separate six (6) month period of extension. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber received a letter from the coordinator of the Erie County Office of Solid Waste regarding what people can do with latex paint. It is not considered a hazardous material and can go out in the regular garbage collection as long as it is dried out. He will make the brochure available for copies in the Town Clerk’s Office.

Councilman Kolber said there was an article in the Buffalo News regarding a Clarence farmer who lost his crops this year due to flooding of his fields. According to Councilman McPherson, this has been going on for years and the Town of Amherst refuses to deal with it. They will not clean out the creeks and ditches on their side causing the water to backup to Clarence. Councilman Kolber requested that the Supervisor contact the Town of Amherst Supervisor to try and get this resolved.

Councilman Kolber said there was a soccer tournament held a week ago, which caused significant damage to the soccer fields due to the rain. The tournament was set up with a non-cancellation clause. The Parks Department is spending an enormous amount of time working on them. We need to have something in place so that we are not jeopardizing our fields and wiping out our soccer season. Four fields are going to be out of use for the season and we have had to find other places for the season to take place. We need to make sure this does not happen in the future.

Supervisor Hallock added that the soccer club did step forward and offered to pay for all of the material to remediate those fields.

Public Participation

James Blum, 5509 Martha’s Vineyard said in regard to item 13, his entire yard butts up to the Natale property and that of two other neighbors. He is not opposed to the project, but would like to speak in favor of the proposed 120 ft. conservation area along the Natale east property line to screen the neighbors and preserve the wetlands. He requests that whatever the conservation area is, it be specified in the Town Board minutes and recorded into a deed restriction that will show on the property survey so that it is clearly marked.

A Public Hearing was held to consider the request for a Special Exception Use Permit for construction of a new automotive sales facility at 5411 Transit Road for Towne Automotive. James Callahan said the location is the east side of Transit Road, north of Greiner Road consisting of approximately 7.2 acres in the Major Arterial Zone. The Master Plan recommends this area be in a commercial classification. The Planning Board has had several meetings and forwards a recommendation with the following conditions: 1. The demonstration area is relocated to the interior of the lot and be gated with the maximum of 4 feet in height and the east view be screened with a 6-8 foot fence. 2. Dumpster to remain in existing location. 3. Lighting to be eliminated in the last rows to the east of the expanded storage area and all lighting to be downcast. 4. The rear of the Hummer Building to be flat gray. 5. Outside speaker system to be changed to wireless radio system. 6. Display area to be striped. 7. Buffer to the rear to be bermed and berms are to be maintained on both sides. 8. Dust control during construction required. 9. Landscaping plan as approved by the Landscape Committee. 10. The retention basin to be kept maintained and free of litter and debris. 11. Any new lighting must be shielded and directed to the interior of the property. 12. No idling of car carrier trucks allowed on the site.

Speaking to the subject:

Tim Cooley, 8068 Red Clover Ave. said they still have two major concerns, one being the level of the berm. Their property is significantly lower than on Red Clover and they feel the berm will have to be higher. The other issue is the constant use of panic buttons to find cars for servicing. Last Saturday he heard them go off 22 times. He suggested that if they are striping the lot, they could also be numbered to assist in finding the cars.

Councilman Bylewski said he understands that the berm will be 3 to 5 ft. in height with evergreen trees 5 to 6 ft. in height and deciduous trees 12 ft. with the berm from the grade of the Hummer property. James Callahan said that is correct according to the approved landscape plan.

Carol Territo, 8064 Red Clover Ave. said the berm is the big thing and they will not even see a 3 ft. berm because they are higher.

The applicant said the berm would not hold if it was any higher due to the horizontal dimension they have to work with.

Councilman Kolber suggested a retaining wall would allow for a higher pitch.

The applicant said they have doubled the landscaping and the trees will do a better job of buffering.

Councilman Weiss said he would rather see them place 6 – 7 ft. trees. The caliper of the deciduous should be larger because there will be such a gap. James Callahan said they were chosen based on our landscape law.

Supervisor Hallock asked how they are addressing the car alarms?

The applicant said they understand the neighbor’s issues and they are trying to address them. It is an employee issue. They could number the parking lot.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski asked if that is as dense of a berm as the applicant can make it. The applicant said there has to be room for the tree to grow without putting them so close that they choke each other and die out. They hired a landscape architect. The trees will be staggered on both sides of the berm. Councilman Weiss said he would prefer all evergreens because of the gaps with planting deciduous trees.

Councilman Kolber said he likes the project, but is concerned with protecting the neighbors. It appears they have addressed a lot of the issues. He said a lot of areas in the country have a lot better street presentation by tucking commercial back in.

Councilman Weiss said he would like to see the conifers all along the buffer. The purpose is not for aesthetics, but to buffer from the neighbors. They are hardy, fast growing trees. The applicant said they would be fine with that. Supervisor Hallock said that will be condition 13.

Supervisor Hallock said she would like a commitment about the alarms. She appreciates the months of work addressing the other issues. The applicant said they will continue to work at reducing the number of times this happens. The rear of the parking lot is more for storage of cars. Towne Buick is doing everything they can.

A resident said she does not understand what they are addressing. If your boss tells you that you should not do something, that is it and you do not do it.

Councilman Bylewski asked if not using a car alarm as a car finder could be a condition of the Special Exception Use Permit? Town Attorney Steven Bengart said you have to look at the practical aspect of whether each occurrence was by mistake or not.

The owner of the business said they have distributed a memo and some people chose not to adhere to it. They may have not put the intensity into it as they should have. He can go back and tell his people what everyone has said tonight. He will do the best that he can.

Town Attorney Steven Bengart suggested adding condition 13 that they be required to label their service spaces and tag the vehicle keys to correspond to the parking space. Item 14 would be 6 to7 ft. conifers across the berm. Supervisor Hallock asked the applicant if he was in agreement with all of the conditions and he said yes.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant a Special Exception Use Permit for construction of a new automotive sales facility at 5411 Transit Road for Towne Automotive subject to the following conditions: 1. The demonstration area is relocated to the interior of the lot and gated. A maximum height of 4 feet on the test track and the east view of the track to be screened with a 6-8 foot fence. 2. Dumpster to remain in existing location. 3. Lighting eliminated in last row of parking (most easterly) and remainder of lighting to be downcast and aimed to the building away from adjoining residential uses. 4. The rear of the Hummer Building to be flat gray. 5. Outside speaker system to be changed to wireless radio system. 6. Parking area to be striped, no vehicles displayed in the right-of-way and all displays to be at ground level. 7. Buffer to the rear to be bermed and berms are to be maintained on both sides. 8. Dust control during construction required. 9. Landscaping to be maintained in accordance with the approved landscape plan. 10. The retention areas are to be kept maintained and free of litter and debris. 11. Any new lighting must be shielded and directed to the interior of the property. 12. No idling of car carrier trucks allowed on the site. 13. Conifers along the south property line bordering the residences along Red Clover Drive. 14. Label service parking spaces. Upon roll call – Ayes: All; Noes: None. Motion carried.

Domenic Piestrak requests Development Plan Approval for Hidden Pond Subdivision Phase II, Part III for 36 Residential A Lots. James Callahan said the location is the east side of Goodrich Road, south of Clarence Center and is the final extension of Hidden Pond Subdivision. The Master Plan recommends this area to be in a residential classification. The Town Board granted rezoning to Residential A on 5/22/02. The amended concept plan was approved 2/4/04. The Zoning Board of Appeals granted a variance to the grading law to allow for daylight and walkout basements with explicit approval of the Town Engineer for individual grades. The applicant is seeking approval of approximately 1,500 ft. of Rosecroft Drive, 250 ft. of Glen Brook Court, 250 ft. of Fairmeadow Court, 500 ft. of Meadowglen Drive, 300 ft. of Glen Iris Drive for a total of 36 Residential A lots. The Planning Board has forwarded a recommendation for approval with open space and recreation fees. The Town Engineer forwarded a recommendation with conditions.

Supervisor Hallock said one item that has come up in the last few weeks is the trucking through the neighborhood until 11:00 P.M. We would like to see a limit of 7:00 A.M. until 7:00 P.M. Monday through Saturday. Mr. Piestrak said he will look into it. The only thing he can think of is they are milling on Main Street. Councilman McPherson said he believes they are about done. Supervisor Hallock said she would even like to see until 5:00 P.M. on Saturday. Councilman McPherson said the policy has been until 7:00 P.M. on Saturday also. Mr. Piestrak said he does not have a problem with that.

Motion by Councilman McPherson, seconded by Councilman Kolber to grant Development Plan Approval for Hidden Pond Subdivision Phase II, Part III for 36 Residential A Lots per all the stipulations as stated. On the question, Councilman Bylewski said his firm from time to time has represented corporations that Mr. Piestrak is involved with, however this is not one of them and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Angelo Natale requests Concept Plan Approval for development of a 4-Lot Open Development Area north of 5795 Thompson Road. James Callahan said the location is the east side of Thompson Road between Roll Road and Clarence Center Road consisting of approximately 10.88 acres in the Agricultural Zone. The Planning Board forwarded a recommendation with the following conditions: 1. A minimum of 120 ft. of natural area to the east to be in a conservation easement. 2. Wetlands are to be delineated. 3. The first house is to be orientated to face Thompson Road. 4. Setback variances on #3 and #4 to accommodate a preferred design. 5. Recommend that this project be sewered.

A representative for the project asked for consideration of the first house being skewed at about a 45-degree angle so that the rear of the lot does not face lot #2 or the lot to the north. Supervisor Hallock asked if this came up at previous meetings? James Callahan said the Planning Board and the MRC said it should face Thompson Road.

The representative said the other issue is that the sewer line on Thompson Road is several hundred feet to the north. It would likely be a hardship to his client, but he understands if that is the Town Board’s final decision in that regard. The only concern at this phase is if there would be a need for any easements to connect to the sewer, the project could be extremely delayed or dissolved. He wonders if there is any consideration for hardships in this regard.

Supervisor Hallock said there has been discussion regarding the sewer. The property is located in the sewer district and she assumes they knew that. Councilman Bylewski added that according to planning consideration areas and the Master Sewer Plan, we are attempting to be consistent in that this area is within a sewer district. If there is an exceptional circumstance, we may have to adjust for it. He feels that as this project exists, sewers should be required.

James Callahan said there are easement concerns, as well as, concerns from neighbors regarding the area as single-family units. The applicant said they are in the process of delineating the wetlands. It appears that there are two wetland areas and the recommendation was for a minimum 120 ft. easement to be established.

Angelo Natale, project sponsor said he has walked back there and it is very dense. He feels the 120 ft. easement is sufficient protection for the residents in Martha’s Vineyard. The wetland delineation is not complete. They will meet with the Landscape Committee regarding the type and size of trees to plant to shelter between them and the property to the south. There is somewhat of a buffer to the neighbor to the north, but they plan to plant additional trees. Councilman Kolber said the problem to the south is the driveway along the property line. Mr. Natale said they are going to plant the trees and there is quite a bit of distance between the houses. Councilman Weiss said there are only going to be vehicles to three houses traveling on that road.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant Concept Plan Approval for development of a 4-Lot Open Development Area north of 5795 Thompson Road with the conditions set forth in the Planning Board recommendation. On the question, Councilman Bylewski asked if we had to specify how we want the deed restrictions? Town Attorney Steven Bengart said not at this time, but we will need to do that in the future. Councilman Kolber said he is not thrilled with the project with regard to the neighbors to the north and south, but they are not here tonight to voice their concerns. Upon roll call – Ayes: Councilmembers McPherson, Bylewski, Weiss and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Curtis Swanton requests Concept Plan Approval for development of a 2,592 sq. ft. Commercial building at 9595 Clarence Center Road. James Callahan said the location is on the south side of Clarence Center Rd. between Elm St. and Creekview Dr. across from the Clarence Center Elementary School consisting of .34 acres with 100 ft. of frontage in the Commercial Zone. The former single family home on the site was demolished.

Curtis Swanton said his plan is for a single story brick building. He is going to put up a lease sign to see what type of business would be interested. He is looking at doctor, dentist, retail or some type of low impact commercial use. Mr. Swanton torn down the house at his own expense and has been maintaining it as greenspace. He does not have a plan for the immediate future. He is requesting concept now and once he has a use will bring it back for consideration. He prefers a retail use.

Motion by Councilman McPherson, seconded by Supervisor Hallock to refer the request for development of a 2,592 sq. ft. commercial building at 9595 Clarence Center Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to grant approval for the following: Clubhouse Applications – A. Clarence Lions Club – Aug. 12, 2004; B. Rock Oak Homeowners Association – Aug. 25, & Sept. 29, 2004; C. Harris Hill Men’s Club – Dec. 11, 2004; D. Clarence Log Cabin Quilters – 4 th Tuesday each month Jan. 22, Apr. 13 –17, 2005; E. Clarence Women’s Club – 1 st Monday each month and May 3 & 4, 2005; F. Girl Scout Troop 973 – 4 th Wednesday each month 2005; G. Girl Scout Troop 886 – 3 rd Tuesday each month 2005; H. Clarence Arts & Craft Society – 2 nd Thursday each month, May 6 –8, & Nov. 4 –6, 2005; Legion Hall Applications – A. Clarence Log Cabin Quilters – Every Thursday, Mar. 12, & Apr. 30, 2005; B. Father/Child Group – 1 st Thursday each month of 2005; C. Clarence Grange – 3 rd Wednesday each month of 2005; and D. Mick Coppola – Aug. 25, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of August 12, 2004 are approved for payment: General Fund - $81,272.30; Highway Fund - $66,990.73; Water District - $32,901.62; Capital Fund - $25,723.00; and Trust and Agency 203 - $50.00 for a total amount of $206,937.65. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Anne Case, 10013 Greiner Road added to Councilman Bylewski’s comments about noticing the rural character of the Town of Clarence. She was taking her 6 year old granddaughter to a friend’s house a few weeks ago and as they tuned at Keller and Salt Roads, she said they are harvesting peas this week. Ms. Case said she lived here since 1971 and did not know that. She was going to visit a friend who just moved near the Clarence/Newstead border and she called to say she was filming Birds Eye harvest the peas. There is more going on here agriculturally than some us are aware of.

There being no further business, Supervisor Hallock adjourned the meeting at 9:05 P.M.

Nancy C. Metzger

Town Clerk