08/22/07


A Work Session of the Clarence Town Board was held on August 22, 2007, at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Planning Board Chairman Pat Powers.

Director of Community Development – James Callahan

Review of agenda items:

Jack Willert – Stage Road
Applicant is proposing to add one additional lot for a single-family home on 17.5 acres in the Agricultural/Rural Residential Zone. The proposed site is located on Stage Road near the border of the Town of Newstead. An existing minor subdivision application was approved last year in the same area - subsequently they have sold an additional lot. The total number of minor splits is at the definition of a major subdivision. The applicant is willing to pursue an Open Development Area for one lot however; a variance would be required to the ODA section of the Subdivision Law to accommodate this method with the design proposed. The proposed design would place the single home near the road and block any future development of the remainder of the parcel. No new public infrastructure would be created. The Town Board could via supermajority vote, allow the split as proposed with the identified limitations to preclude any precedent setting actions. Any future splits off this parent parcel should be further analyzed and coordinated to ensure compliance with local land use regulations.

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

John Kausner 4180 Ransom Road
Applicant is proposing to create a 3-lot Open Development area by creating 2 additional residential building lots via an Open Area Development. The existing single-family residential property located on 8+/- acres in the Agriculture Rural Residential Zone is located on the west side of Ransom Road, south of Tillman Road. The Planning Board has forwarded a recommendation with conditions.

West-Herr Automotive Group – Eastern Hills Mall
Applicant requests a Temporary Conditional Permit to continue an outdoor storage area for Saturn & Toyota vehicles in the rear parking area of the Eastern Hills Mall. The original TCP has expired; the applicant is requesting an extension until the end of the year. (Councilman Weiss did not take part in any discussion of this agenda item).

Jurek Ventures 6606 Strickler Road
Applicant is proposing to clear two areas by stripping topsoil and placing gravel to accommodate off-street parking for the existing Christmas tree operation. The proposed site is located on the west side of Strickler Road, south of County Road. The existing tree farm is located on 116+ acres in the Agriculture Rural Residential Zone.

Sign Law revisions
Update the existing sign law to incorporate updated concepts for improved community character. The Planning Board has forward a recommendation to proceed with adoption. The Planning Board has attempted to include the Chamber of Commerce in the loop in the numerous review meetings. A public hearing will be scheduled for October 10, 2007 @ 7:45PM.

Zoning Map amendments

  • Increase the depth of the Restricted Business Zone to allow for reuse of existing properties to accommodate small office building/uses. The proposed site is located on the south side of Sheridan Drive between Harris Hill Road and Helenwood Drive.
  • Change back to Major Arterial that portion of the Transit Road frontage that lies outside the existing Density Flood Zone. The proposed site is located on the east side of Transit Road, south of Tonawanda Creek.

Work Session items for consideration 9/12/07:

Stone Ledge Estates – Kraus Road
Applicant is seeking an amendment to the existing Open Development Area to adjust parcel lines. The proposed site is located on the east side of Kraus Road, south of Greiner Road in a residential classification. The existing Open Development area was approved in 2005, this modification will allow for additional splits in the future.

Don Braunscheidel 8249 Wolcott Road
Applicant is proposing to continue the expanded home occupation that has existed on the property for years. The existing residential property is located on the south side of Wolcott Road, east of Transit Road on 3.77+/- acres in the Agriculture Flood Zone. The neighbor to the applicant has brought a complaint to the Planning and Zoning Department as no formal approval has ever been granted to the applicant. The Town Board will need to formalize the existing operation or not.

North Forest Office Providers 6061 Transit Road
Applicant is proposing to develop a professional office complex. Proposed design will require a rezoning to accommodate office unites to the rear of the parcel. The proposed site is located on the east side of Transit Road, north of Clarence Center Road. The existing property contains 9.7 acres zoned Major Arterial along the frontage and Residential Single-Family to the rear. Current structures on the property include existing car wash and former pool sales building. Use along the front portion of the property is in conformance with zoning and master plan. Proposed development to the rear of the property will involve amendments to the Master Plan and Zoning Map.

Gold Seal Equity 8750 Sheridan Drive
Applicant is proposing to develop a 1-story, 12,000 square foot professional office building with associated parking. The proposed site is located on the north side of Sheridan Drive, west of Shimerville Road on existing vacant land consisting of 1.7+/- acres in the Restricted Business Zone.

Mike Hoehman 8310 Goodrich Road
Applicant is proposing to relocate an existing automotive repair facility to clean up an existing junkyard. The existing home, barn and collision shop/junkyard is located on the west side of Goodrich Road, north of Sesh Road on 20+ acres in the Agriculture Flood Zone. The existing junkyard has been a long standing problem for the community. Several previous attempts to permit the former junkyard failed due to various issues.

Senior Building Inspector David Metzger was asked by the Town of Newstead Disaster Coordinator to attend a meeting regarding a large event scheduled for the WNY Event Center on September 28 – 29th. (Oinktoberfest BBQ Cook-off). If this event were to take place in Clarence it would fall under our newly implemented Operating Permit. EMS, security and traffic control issues were addressed. They are expecting between 3000 – 4000 attendees. This is the first of many large events scheduled for the event center. NY State Police will be notified of the event dates and times.

Supervisor Kathleen Hallock

Notices have been posted and sent out regarding the on-site meeting at St. Mary's Church scheduled for Friday, August 31, 2007 @ 4PM. Supervisor Hallock received a request from someone inquiring whether non-residents could speak at the Public Hearing. Non-residents can speak at the public hearing.

Work Sessions will be scheduled the first Wednesday in September and October. Budget and organizational sessions will be set up for October and December.

Supervisor Hallock commented on the GBNRTC (Greater Buffalo Niagara Region Transportation Council) newsletter.

Supervisor Hallock received a letter of thanks from the Erie County Sno-seekers thanking the Town Board for their corporation during the snowmobile season last year.

A Bee photographer will be in attendance at tonight's meeting.

There was a fire call at the Soccer Center last week during a very active afternoon and the firemen did not know which field to respond to. One of the firemen came in and suggested a flag be placed at every goal net. In the event of an emergency have someone wave the flag so the firemen would know where to go. Supervisor Hallock provided a map of the park and numbered the fields. She suggested that when Amherst Control receives a call they should inquire as to what field they should respond to. Town Engineer Latona stated that the ball diamonds should be included in the map as well.

Supervisor Hallock received a resolution from the Town of Hamburg about eliminating local zoning control over windmills. We have a stipulation in our Town Code regarding windmills. The control should be kept at the local level. Town Attorney Bengart will review.

Supervisor Hallock has a correction to the August 1st Work Session minutes however; it was not listed on the agenda so the correction will be noted at the next Town Board meeting.

The Board received complaints regarding drainage concerns from two residents on Clarence Center Road. Town Engineer Latona stated that research indicates that the area in question has always been a low spot. With assistance from the highway department, Town Engineer Latona can create a swale to the north where there is a 24" pipe along the bike path. This would be a Town Wide Drainage District charge, the swale is the most economic solution to this problem. The Town Board was in agreement with the Engineering Department and the Highway Department working together to solve the drainage issue. The problem existed before the park was created.

Norm Castine stopped in again and asked if he could meet with the Town Board about the 100' buffer between his project on Goodrich Road between Martin and Lapp Roads. Supervisor Hallock informed him that the Board is not inclined to reverse their decision and the Planning Board's recommendation.

People Inc. inquired as to whether any Board members will be at their ribbon cutting on Friday, Supervisor Hallock has to respond by tomorrow.

An appraiser from Burlington Northern Railway will be in town next week to appraise the paintings from the Clubhouse.

Members from the Conservation Committee and the Arboretum Committee feel there is a “leak" in the pond at Town Hall and have suggested installing a well and a pump. Town Engineer Latona stated that the pond was not leaking; most ponds in town are dry. A well may not yield enough water to do anything. You also run the risk of a well lowering the water table therefore affecting basements in the area. Town Engineer was of the opinion that nothing be done, the problem will be corrected with a good rainfall; he further suggested turning the aerators off.

The Gang of Five met regarding Sunset Park. The well will be dug at the park on Friday morning to correct a drainage problem. There is still a lot of work to be done on the fields; Supervisor Hallock is scheduling a Capital Improvement Project meeting to discuss the Master Plan for the parks.

Supervisor Hallock spoke to Joe Fiegl from Erie County Division of Sewerage Management indicating that the Board will not go forward with the resolution regarding sewer district consolidation this year. The Erie County public hearing is still scheduled for August 29th in the legislative chambers.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski will clarify an item that was printed in the August 8th minutes. Assessor David Folger wanted to clarify that every parcel in town is looked at when they do revaluations. There was a concern with Mike Neumeister's letter in which he quoted Moody's credit report.

In order to keep up with customer demands, Time Warner is deleting two channels and adding three new channels including Adult Top 40, Kidz Only and Mexicana.

Supervisor Hallock received the semi-annual franchise fee payment from Time Warner.

Assistant Director of Community Development James Hartz is requesting Town Board approval to attend the American Planning Association NY Upstate Chapter Conference in Binghamton, NY from September 19 – 21, 2007.

Planning Board Chairman Pat Powers is requesting approval for Tim Pazda, Al Schultz, Rick Bigler and Patrick Minor (TEQR member) to attend the NY Planning Federation Conference from October 7 – 9th, 2007 in Saratoga Springs. This will involve a transfer of $2,500 from Professional Services Account to Training and Education Account.
The TEQR Committee is recommending a Negative Declaration be issued on the proposed Staybridge Suites Hotel located at 8005 Sheridan Drive. Councilman Bylewski received an e-mail from Planning Board member Wendy Silvati concerned that they have not received the NYS DOT report in writing. Director of Community Development James Callahan stated that he spoke to a representative from the NYS DOT who has indicated that there would be no significant impact associated with this project. TEQR Chairman Matt Balling was of the opinion that the distances between the driveways noted in the Traffic Study may not have been correct. Director of Community Development James Callahan has forwarded this concern to the engineer that did the traffic study.

The TEQR Committee is recommending a Negative Declaration be issued on the proposed Four M's Industrial Business Park located at 10120 County Road.

Youth Director Dawn Kinney is requesting Town Board approval for herself and Michelle Orvis to attend the Search Institute Healthy Communities/Healthy Youth Annual Conference from November 8 – 10, 2007 in Rochester, NY.

Councilman Bylewski has one item to discuss in Executive Session regarding the employment history of an individual.

Councilman Joseph Weiss

Councilman Weiss will make a motion requesting Erie County Water Authority install one fire hydrant at 6204 Goodrich Road.

Councilman Weiss will make a motion regarding payment of the annual fire hydrant rental and maintenance fee to Erie County Water Authority for the fire hydrants within Strickler Estates.

After the October storm, the highway department has been busy removing dams and snags from the creeks. Highway workers deposited the debris on high-points along the creek side. Some people have complained that they wanted the debris removed but there is no excess to the piles of debris with trucks and high-lifts. The debris was removed from the creeks using a small excavator that could get almost anywhere with very little damage to property.

John Jondle has submitted his letter of resignation from the Conservation Advisory Board. Councilman Weiss will announce an opening on the Conservation Advisory Board.

The deer abatement program will resume however, Councilman Weiss is not sure when the Town will receive the permits from the DEC.

Upon the suggestion of Betty Murtaugh, Senior Building Inspector David Metzger is looking into a fee schedule for any projects over 10,000 square feet. Many times town departments and committees expend many resources and time to review a project and then they do not go forward.

Councilman Bernard Kolber

The Highway Department will be working over-time this weekend moving the topsoil from Salt and Greiner Road to Memorial Park.

Assessor David Folger is requesting Town Board approval to attend the NYS Assessment Seminar from September 23 – 26th, 2007 at the Adams Mark Hotel.

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

A joint Town Board/School Board meeting has been scheduled for September 24th.

Councilman Patrick Casilio

The public safety vehicle has been striped and is having a light bar and radio installed at FM Communications. Councilman Casilio would like to see the public safety vehicle and the disaster trailer featured in the Labor Day parade. Councilman Casilio is also arranging a meeting with all security personnel to talk about the public safety vehicle.

The Erie County Sheriff's Department has provided personnel on horseback to patrol the bike path system and the town introduced our security force on bicycles both have been well received by the community. Councilman Casilio is of the opinion that once the public safety vehicle is put into service, it will also be well received by the public. Councilman Casilio would like to eventually see a lap top computer in the vehicle to access the camera system once that gets set up in the future.

Councilman Casilio visited the City of Buffalo and was given a demonstration on the city's camera system. The cameras are meant to disperse crime.

The street lights have been repaired in Harris Hill. Besides bending the metal, they also rebuilt the access hole rings. The Parks Department is painting town owned poles in subdivisions.

Councilman Casilio is meeting with a representative from NYSEG on September 6th concerning the poles in Harris Hill and how they are being powered. They will also discuss possible lighting for Clarence Center, power outages around town, the lights that are continually out on Main Street and the possibility of locating security cameras on NYSEG poles.

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

Councilman Casilio will announce a recycling drop-off date sponsored by Erie County.

The Clarence Senior Center has been in contact with Disaster Coordinator David Bissonette regarding a volunteer work force to go along with the shelter that is being established at the Senior Center.

Councilman Casilio will make a motion awarding the stand-by generator project for the Senior Center to Industrial Power and Lighting Corporation at their bid of $66,400.

Sidewalks are being installed in Clarence Center and work will hopefully begin in the Harris Hill are next week.

Councilman Casilio has received numerous e-mails regarding accidents that seem to occur weekly at the intersection of Thompson and Greiner Road. Highway Superintendent Ted Donner has a call into our representative at the County regarding the intersections at Thompson and Greiner Road, Roll and Thompson Road and Strickler and Greiner Road. Once we take possession of the speed trailer, we can monitor speed limits on Greiner Road.

Councilman Casilio will make a motion authorizing the Supervisor to execute the agreement between the Town of Clarence and the Civil Service Employees Association - Town of Clarence White Collar Unit for the period of January 1, 2007 to December 31, 2010.

When the budget process begins, Councilman Casilio would like to discuss official job assignments concerning the watering of the potted plants in Clarence Center and Clarence Hollow. Councilman Weiss stated that the potted plants in Clarence Hollow are being watered by the Parks Department; Supervisor Hallock stated this was discussed at a Department Head meeting. Councilman Casilio stated that he would like to officially give the Parks Department the responsibility of streetlights and poles. We may also eventually include the video cameras. Councilman Casilio stated that the Parks Department is getting a lot of requests to do work in the arboretum as well.

Town Attorney Steven Bengart

Town Attorney Bengart met with Vince Delgato and Public Safety Committee member David Elia to go over what they would like to see included in a volunteer training program. A training session has been scheduled for September 24th, 2007.

Town Attorney Bengart has two Attorney-Client issues and two pending litigation issues (Essex Homes and Rubino Brothers) to discuss in Executive Session.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) E of the Open Meetings Law to discuss collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law); § 105 (1) F matters leading to the appointment of a corporation, the employment history of an individual, the financial history of a corporation; § 105(1) H the proposed sale or lease of real property; § 105(1) D discussions regarding pending litigation regarding Rubino Brothers and Essex Homes. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:17 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski 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 22, 2007 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 Joseph Weiss, 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, 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 25, 2007. On the question, Councilman Kolber said he will recuse as he was not present at that meeting. Upon roll call – Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held August 8, 2007. On the question, Councilman Bylewski said in regard to his report, the Town Assessor wanted it stressed that when the assessments are done in Town, every parcel in the Town is looked at and a determination of whose assessment is changed is also physically looked at. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Councilman Bylewski reported from Time Warner Cable that effective September 18, 2007 Music Choice will be making some changes to its line-up. Some 26 channels will be changing position to make room for three new channels including Adult Top 40, Kidz Only and Mexicana. Opera and Rock en Espanol will be removed. A complete copy of the channel line-up is available at the Town Hall for anyone interested.
          Councilman Bylewski said we received a check in the amount of $91,326.26 from Time Warner representing franchise fees for the last six months.

Motion by Councilman Bylewski, seconded by Councilman Casilio to grant approval for James Hartz, Asst. Director of Community Development to attend the American Planning Association Conference in Binghamton, NY September 19 – 21, 2007 with all reasonable and necessary expenses paid by the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the following transfer of funds: $2,500 from A 8020.434 Professional Services to A 8020.470 Expense and Travel. On the question, Councilman Bylewski said the transfer is being made to allow various individuals to attend the NYS Planning Federation Conference. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission for the following to attend the New York Planning Federation Conference October 7 – 9, 2007 in Saratoga Springs, NY with all reasonable and necessary expenses paid by the Town: Tim Pazda, Al Schultz, Rick Bigler from the Planning Board and Patrick Minor from the TEQR Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Staybridge Suites Hotel located at 8005 Sheridan Drive. This Type I Action involves the demolition of existing structures and the development of a new hotel and restaurant complex. After thorough review by the TEQR Committee, Planning Board and Town Board of the submitted site plan and Environmental Assessment Form, including coordinated review among involved agencies with comments from the NYSDEC and the NYSDOT, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and local land use regulations and will not have a significant impact upon the environment. On the question, Councilman Bylewski said this has been discussed thoroughly and there were concerns regarding the NYSDOT. James Callahan spoke with the representative from the DOT and he indicated that there would not be any significant impacts to the level of service on Transit Road or Sheridan Drive. The service would remain acceptable. Councilman Bylewski said that addresses the traffic issues. There were additional concerns about the grading that can be dealt with. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Four M's Industrial Business Park located at 10120 County Road. This Unlisted Action involves the development of a six-building Industrial Business Park in the Industrial Business Park Zone. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and local land use regulations and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize Executive Director of the Youth Bureau Dawn Kinney and Michele Orvis Program Coordinator to attend the Search Institute Healthy Communities/Healthy Youth Annual Conference November 8 – 10, 2007 in Rochester with all reasonable and necessary expenses paid by the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Supervisor, Kathleen E. Hallock, to sign an agreement between the Town of Clarence and Titan Development for the use of Town property located at 9050 Sheridan Drive as a staging area for the collection and grinding of debris and brush per said terms and conditions of said agreement and subject to Town Attorney approval. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to request that Erie County Water Authority install one fire hydrant at 6204 Goodrich Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski that the Town agrees to pay the annual fire hydrant rental and maintenance fee to the Erie County Water Authority for the fire hydrants within Strickler Estates. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said a point of information from the Highway Department, that if they remove debris from the creeks and leave it on landowner property, they do not come in and remove it. They do not want to do any increased damage on the property with their equipment. It will be the responsibility of the property owners to remove.

Councilman Weiss said John Jondle is moving out of Town and will no longer serve on the Conservation Advisory Committee. He wanted to thank John for all he has done for the committee.
          There are now two openings on the Conservation Advisory Committee for anyone interested.

Councilman Weiss said there was concern about what would happen with the deer abatement program. John Jondle has passed the responsibility to another person. We will be in the same areas pending receipt of the permits on time. The deer are taken to be processed and the meat is given to the food bank.

Councilman Weiss said Dave Metzger is working on some fee changes for large projects where a lot of time and resources are expended.

Councilman Kolber said there is an opening on the Library Board and anyone interested should submit an application.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant permission for Assessor David Folger to attend the NYS Assessment Seminar September 23 -26, 2007 in Buffalo with use of a Town vehicle and reasonable and necessary expenses paid by the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said the Town Board will be meeting with the Clarence School Board to try and work out some joint issues on September 24th. He will confirm the location with Dr. Coseo.

Councilman Kolber said the Highway Department will remove the pile of fill at Greiner and Salt Roads this weekend.

Councilman Casilio said the new parks safety vehicle will be in service after Labor Day. It will be presented to the public at the Labor Day Parade.

Councilman Casilio said he would like to thank Mr. Leach from the City of Buffalo who met with him and provided information to help us prepare our Request for Proposal for a camera network for the bike path.

Councilman Casilio set a meeting with NYSEG for September 6th to review street lights in Harris Hill and Clarence Center areas, the numerous power outages and locating security cameras on their power poles.
          The street light pole repairs have been completed in Harris Hill.

Councilman Casilio said the Clarence Hollow Association is hosting a fund raising event to help purchase safety equipment for the bike path system. The event is called Wine Wheels and Song to be held at the WNY Event Center on September 21st.

Councilman Casilio announced that Erie County is holding a household hazardous waste drop off on Saturday, August 25th in Marilla from 9:00 A.M. to 2:00 P.M.
          Also, Erie County has an ongoing drop-off of computers and related equipment at all Good Will Centers.

Councilman Casilio said the sidewalk placement and replacement project has begun in Clarence Center and they should begin in Harris Hill next week.

Councilman Casilio said in an effort to use the Senior Center as another possible shelter site in emergencies, we are having a back up generator installed.
          Motion by Councilman Casilio, seconded by Supervisor Hallock to award the bid for the Clarence Senior Center Stand-By Generator Project to Industrial Power and Lighting Corp., the lowest responsible bidder at their bid of $66,400 to be paid from bond issue. On the question, Supervisor Hallock added that it is being funded by a bond anticipation note borrowing through the Capital Improvement Plan. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio said the Highway Superintendent has made a request to Erie County regarding possible intersection upgrades where we have noticed an increase in traffic accidents. They include Greiner and Thompson, Roll and Thompson, and Strickler and Greiner.

Councilman Casilio said we have reached an agreement with the White Collar Union. He thanked them for their cooperation in coming to an agreement that is fair to them, as well as to the Town of Clarence.
          Motion by Councilman Casilio, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that the Clarence Town Board authorizes the Supervisor, Kathleen E. Hallock, to execute the agreement between the Town of Clarence and the Civil Service Employees Association, Inc., Local 1000 AFSCME, AFL-CIO, Town of Clarence White Collar Unit of Local 815 for the period of January 1, 2007 to December 31, 2010.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock added that in regard to the White Collar Bargaining Unit's Contract, there is a change in office hours for the Assessor's Office from 8:30 A.M. to 4:30 P.M. beginning Tuesday, September 4, 2007.

Public Participation

Tim Pazda asked about the public hearing for the Sign Law, as the Clarence Hollow Association has asked him, as a member of the NYS Planning Federation Board, to show the video seminar that was shown last February. They are going to do that on September 27th. He is aware that some of the Town Board members have seen it, but he encourages everyone to see it because much of it has to do with signage. Supervisor Hallock said they are changing that public hearing to October 10th.

Laura Pfennig said she would like to speak to item #13. Several emails and a petition with 44 signatures have been submitted in opposition of this plan. All of the homes in this area are along the road. This will be first house behind a house behind a house allowed in this area. They have endured a year and a half of this contractor's unethical behavior. He dumps junk from other jobs at this location and has been brought to court for burning. She cannot see a buffer of trees helping to screen them now. She appreciates being heard and hopes that this project is not approved.

Dan Bowers said in regard to item #12, he would like to see the look of Kraus Road maintained. There are four large new houses there now. He believes that the zoning allows for only single family homes and not multi-family units.

Carol Minnick said in regard to item #13, she has copies of all of the emails that were sent. Supervisor Hallock said they have all received them. Mrs. Minnick said she believes this will not just be houses, but that he will have his construction business there also. There will be cars coming and going all the time. She would appreciate it if this project was not approved.

Jack Willert requests Open Development Area Approval or Subdivision Approval to create one additional residential building lot in the Agricultural Rural Residential Zone at 10965 Stage Road. James Callahan said the location is the south side of Stage Road west of the Newstead border consisting of approximately 17.5 acres zoned Agricultural Rural Residential. It is part of a parent parcel of over 100 acres.
          Jack Willert was present.
          Councilman Bylewski said his concern was that this would become a major subdivision with infrastructure issues such as sewers. An open development area may the way to pursue it, however, he believes further study needs to be done.
          Councilman Weiss said he thinks the next step is for referral to the Planning Board.
          James Callahan said it could be an option to pursue an open development, but it has been identified that there will be some variances associated with that. Another alternative would be allowing an additional split and coming up with documented rationale that would allow a split to occur that does not create public infrastructure.
          Supervisor Hallock said there are two options, but we have never approved an open development without a referral to the Planning Board.
          There was discussion to refer the request to consider the two options. Councilman Bylewski and Supervisor Hallock preferred the open development option. It gives the Planning Board more direction for review. Councilman Kolber said he would like to get it done legally and on fair ground.
          Motion by Councilman Weiss, seconded by Councilman Kolber to refer the request to consider an Open Development Area to create one additional residential building lot in the Agricultural Rural Residential Zone at 10965 Stage Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Carmen Cimato requests Minor Subdivision Approval to create four additional residential building lots in the Agricultural Rural Residential Zone on Kraus Road. James Callahan said the location is the west side of Kraus Road, south of Keller Road consisting of over 100 acres.
          Fred Cimato was present.
          Councilman Bylewski said the frontage lots will be set back 150'. The lots are in compliance with the Agricultural Rural Residential Zone. He asked if there were plans for the larger parent parcel. Mr. Cimato said there are no plans at this time. They are leaving it as corn.
          Councilman Bylewski said once there is the split of the four lots, anything further would be a major subdivision which would run into the sewer issue. Then if there is further development, it would have to be pursued as an open development area if we keep on that line of precedence. He asked if the applicant if he is aware of that and Mr. Cimato said yes.
          Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of four additional residential building lots in the Agricultural Rural Residential Zone to be split from the parent parcel on Kraus Road between Keller Road and Clarence Center Road. This Unlisted Action involves creation of four residential building lots. After thorough review of the Environmental Assessment Short Form, it is determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Subdivision approval for 4 additional residential building lots for a single family home to the applicant, Carmen Cimato, for the property located on Kraus Road subject to Open Space and Recreation Fees.
          On the question, Councilman Bylewski said a question was brought up under public participation as to whether he is proposing single family homes. Mr. Cimato said yes, they are for single family homes. Councilman Bylewski said duplexes are not permitted in this zone.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

John Kausner requests Concept Plan Approval of a 3-Lot Open Development Area at 4180 Ransom Road. James Callahan said the location is the west side of Ransom Road, south of Tillman Road consisting of approximately 8 acres zoned Agricultural Rural Residential. A Negative Declaration was issued and the Planning Board forwarded a recommendation with conditions.
          Mike Metzger, Metzger Civil Engineering said this will be an open development for residential purposes. No business will be operated from this site. The existing house is under renovation and that is why there is so much activity.
          Councilman Casilio said someone said that there was asbestos siding on the house that may have been buried on the site. Mr. Metzger said he does not know about that.
          Councilman Kolber said this is not typical of that area. The neighbors have been there for a long time and now there is going to be houses placed behind houses.
          Mr. Metzger said that was somewhat of a concern by the Planning Board. They have placed the homes in the open areas so that the mature trees along the lot lines can be preserved to the extent possible. They also asked them to move the driveway 25 ft. from the property line. They also suggested working with the landscape committee to buffer car lights from the neighbors. The proposed new homes are at least 500 ft. from the existing homes. They have scaled back the project to a 3-lot open development that includes the existing home.
          Councilman Kolber said the driveway layout still impacts the existing neighbors.
          Councilman Casilio asked if Mr. Kausner owns the property. Mike Metzger said he is not sure, but he is the contractor. He does not know exactly what the houses will look like. They are only depicting where they will be placed.
          Supervisor Hallock said there was a Negative Declaration recommended by the TEQR Committee, so they did not have an issue with the character of the community. Mr. Callahan said that is correct. One of the conditions as a result of the concerns of the neighbors was that no businesses could be operated from this location. Mr. Metzger said that was not a problem.
          Councilman Weiss said there are some similar developments on Tillman.
          Councilman Kolber said he does not like the driveway along the property line. It is an impact on the neighbors.
          Councilman Casilio said he agrees about the driveway and the fact that all of the houses along Ransom have the same setback.
          Mr. Metzger said this is not setting precedence. There are many similar developments throughout the Town. The lots comply and they think the project would be an asset for the area. It is consistent with the recent planning activities that have gone on in the Town. The driveway is at least 25 ft. from the property line.
          Councilman Kolber said it makes more sense to move the driveway away from the lot line.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Concept Plan Approval to the applicant, John Kausner, for a 3-Lot Open Development Area located at 4180 Ransom Road subject to the following conditions: 1. Open Space and Recreation Fees. 2. The access drive from Ransom Road will curve south with a minimum 25 ft. buffer between the property line and the road pavement. 3. Approval by the Landscape Committee is required; a significant tree line buffer is to be provided in the 25 ft. area identified above. The buffering shall be sufficient to shade the property to the south from exposure to headlights. 4. A fire hydrant must be within 600 ft. of the rear home. 5. The three lots shall only be used for residential purposes and no business may be conducted therein. 6. Homeowners Association Agreement prepared and provided to the Town Attorney for approval.
          On the question, Councilman Bylewski added the homeowner's association agreement to the conditions.
          Mike Metzger said the Landscape Committee felt that there was a suitable amount of room to put in a reasonable buffer.
          Councilman Kolber said he believes they have the ability to mitigate the impact to the neighbors by moving the driveway away from the property line.
          Councilman Weiss said he would like to see the driveway moved back.
          Councilman Bylewski asked what happens if the buffer dies out. James Callahan said it is covered in the Landscape Law that it is maintained.
          Upon roll call – Ayes: Councilman Bylewski and Supervisor Hallock; Noes: Councilmembers Casilio, Kolber and Weiss. Motion failed.

West-Herr Automotive requests a Public Hearing to consider a Temporary Conditional Permit to allow for storage of vehicles at Eastern Hills Mall. James Callahan said the applicant was given permission for temporary storage behind the mall. It has expired and they would like to have it extended.
          Councilman Weiss said he will recuse himself from discussion and voting on this item as he buys vehicles for his companies from West-Herr.
          Mark Carroll said they would like approval for storage through the end of the year.
          Councilman Casilio said there were cars for sale with prices on them and not just storage. Mr. Carroll said as soon as he was made aware of that the pricing signs were removed and he apologized for that. If there are still cars angled at the end of the rows, he will make sure they are straightened out.
          Councilman Bylewski said if this is for storage, the vehicles should be parked within the striped spaces.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for September 26, 2007 at 7:45 P.M. to consider the request from West-Herr Automotive for a Temporary Conditional Permit to allow for storage of vehicles at Eastern Hills Mall. Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Jurek Ventures requests a Clearing Permit and Topsoil Removal Permit to create additional on-site parking for an existing agricultural operation at 6606 Strickler Road. James Callahan said the location is the west side of Strickler Road between Keller and County consisting of 100+ acres in the Agricultural Rural Residential Zone.
          Steve Jurek said they would like to have parking near their building. The lot would be from the barn to the road to get the cars off the road and closer to the where the trees are.
          Councilman Kolber said he would like to see the lot set back a little bit from the street leaving greenspace between the lot and the road.
          Mr. Jurek said they would use the existing driveway and begin the parking lot at the existing fence line, which is approximately 25 feet. He would like to sell the topsoil to pay for the stone.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval to Jurek Ventures for a Clearing Permit and Topsoil Removal Permit to create additional on-site parking for an existing agricultural operation at 6606 Strickler Road subject to Town Engineer approval, gravel lot will not go beyond the area between the fence and the road, and it will not be a lighted lot. On the question, Councilman Casilio said he would like to establish that the lot does not go beyond the fence and it will not be a lighted parking lot. (Councilman Bylewski added items to motion.) Upon roll call – Ayes: All; Noes: None. Motion carried.

James Callahan, Director of Community Development said that the Planning Board has been working for several months to amend the Sign Law with a draft available to consider for adoption. A Negative Declaration has been issued.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to set a Public Hearing for October 10, 2007 at 7:45 P.M. to consider a local law amending the Town of Clarence Sign Law. On the question, Supervisor Hallock said this was discussed at the work session and a few issues of concern were identified. They will go over them at the next work session September 5th. Upon roll call – Ayes: All; Noes: None. Motion carried.

James Callahan, Director of Community Development said the Planning Board has identified necessary amendments to the Town of Clarence Zoning Map based on use of the comprehensive plan update of March 2005. The proposed amendments include extending the depth of the Restricted Business Zone on the south side of Sheridan Drive between Harris Hill Road and Helenwood. This will not extend deep enough to negatively impact the adjoining residential properties to the south and is in conformance with Master Plan 2015. The second amendment is a change from Restricted Business to Major Arterial along Transit Road, south of Tonawanda Creek Road and outside the Density Flood Zone. This is in conformance with Master Plan 2015.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to set a Public Hearing for September 26, 2007 at 7:50 P.M. to consider the Zoning Map amendments. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval for the following: Clubhouse Applications - A. Town of Clarence – Sept. 18 & Nov. 6, 2007; B. Clarence Soccer Club – Aug. 26, 2007; C. Brownie Troop 1419 – Monthly Meetings Sept. 2007 – May 2008; D. Clarence Log Cabin Quilters – Oct. 8, 2007; E. American Legion Post 838 – Nov. 11 & Dec. 12, 2007; F. Scott Bylewski – March 24, 2008; G. Clarence Girl Scouts – June 1, Sept. 8, 2008; H. Clarence Welcome Wagon – Monthly meetings 2008; I. Clarence Home Bureau – Jan. – April 2008 monthly meetings; Legion Hall Applications - A. Clarence American Legion Aux. 838 – Aug. 25 & 26, 2007; B. Jennifer Topp – Sept. 16, 2007; C. Clarence Girl Scouts – Sept. 17, 2007; 1st Monday each month 2008; D. Mom's Club – Monthly meetings 2008. On the question, Councilman Bylewski said the standard disclosure and in this case one in his name under Clubhouse Applications, 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 23, 2007 are approved for payment: General Fund - $121,689.46; Highway Fund - $104,293.99; Water District - $1,542.36; Capital Fund - $96,645.59; Aquatic Growth District - $846.55; and Trust and Agency 205 - $60.00 for a total amount of $325,077.95. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 8:58 P.M. in memory of David Wopperer, a friend of the Town and Clarence Youth Football.

Nancy C. Metzger
Town Clerk