08/23/06


A Work Session of the Clarence Town Board was held on August 23, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Director of Community Development James Callahan

Public Hearing(s):

6995 Heise Road acquisition
A Public Hearing is scheduled for 7:45 P.M to consider the purchase of approximately 96+/- acres of vacant land located at 6995 Heise Road at a purchase price of $768,000.

Nancy Rowley 9645 Martin Road
Applicant is seeking permission to construct an in-law apartment as part of the development of this property. The proposed site is located on the south side of Martin Road, east of Goodrich Road on existing pre-existing non-conforming vacant lot consisting of 1.11+/- acres zoned Agriculture Rural Residential. Per the Zoning Law, a secondary living unit requires a Special Exception Use Permit. A Public Hearing was held at the August 9th Town Board meeting however the applicant was not present.

Lia Honda 4891 Transit Road
Applicant is proposing to purchase the adjoining plaza and convert the space for use in existing automotive sales operation. The proposed site is located on the east side of Transit Road, north of Sheridan Drive in existing retail plaza located on .79+/- acres in the Major Arterial Zone. A Public Hearing will be required to consider the action.

Properties Unlimited Thompson Road/Orchid Ledge Drive
Applicant is proposing to develop a 25+/- lot subdivision in conformance with zoning law. The proposed site is located on the west side of Thompson Road, south of Greiner Road on existing vacant land consisting of approximately 41 acres zoned Residential Single-Family. Areas of concern include lack of public sewers, public road dedication, buffering and drainage. The project would comply with zoning with public roads. Councilman Bylewski stated that he has issues with this project not complying with the Master Plan. James Callahan indicated that the only way this project can go forward is with public roads. Without public roads, the applicant is very limited in what he can do on this parcel.

Joann Wilks 5122 Eastbrook Place
Applicant requests a public hearing to consider a Special Exception Use Permit for a secondary living unit. Applicant is seeking to develop an in-law apartment at existing single-family residential property. The proposed site is located on the west side of Eastbrook Place, south of Greiner Road. James Callahan stated that his office has a better tracking mechanism for these type requests (in-law apartments). With the changes in town law, we now require Town Board approval and Special Exception Use Permits. The law also requires the applicant file a deed restriction (units must be secondary to a principal dwelling unit and shall not be converted to a rental unit) with the County, a copy is also submitted to the Town Attorney for approval and then filed in the Building Department.

Dan Singer 6251 Goodrich Road
Applicant is requesting an extension of parking lot at existing ice cream shop (Big Sings). The proposed site is located on the east side of Goodrich Road, north of the Building and Engineering Department. The existing ice cream shop is located on .48+/- acres in the Commercial Zone. The proposed parking lot extension meets all setback requirements. Areas of concern include drainage and landscaping. Town Engineer Latona has spoken to the applicant. The applicant must indicate whether he is stoning the parking lot extension or paving it. Councilman Bylewski questioned whether the applicant has approval for outside dining at his Main Street location.

Roll Road Industrial Park 8570 Roll Road
Applicant is seeking Concept Plan approval for an Industrial Business Park as designed, including publicly dedicated road. The proposed site is located on the north side of Roll Road, north and east of Harris Hill Road on existing vacant land consisting of approximately 29 acres, zoned Industrial Business Park. The Planning Board has forwarded a recommendation to allow the project to move forward with private roads built to public standards. Fire Advisory would allow a private street named Harris Hill, but they are very concerned that it becomes a public road for maintenance of the street, water lines for public safety and access.

Lakeside Industrial Business Park/Bakowski mini-storage County Road
Applicant is proposing a mini storage facility as designed. The proposed site is located on the south side of County Road, west of Goodrich Road in the Lakeside Industrial Business Park. Interpretation of the Town Board action establishing a greenbelt/setback requirement from the adjoining agricultural use. The owners of the adjoining agricultural operation have submitted a request to change their zoning to Agriculture Rural Residential. Applicant has submitted a letter requesting removal from the agenda.

KLH Holdings 6435-6455 Strickler Road
Applicant requests minor subdivision approval to create three additional residential building lots. The proposed site is located on the east side of Strickler Road, north of Keller Road on existing vacant land consisting of 4.97+/- acres, zoned Agricultural Rural Residential. The ZBA has granted a variance to allow the corner lot with reduced frontage as shown.

Russell Gullo 6825 Transit Road
Applicant requests Concept Review of a proposed retail landscape business. Applicant is proposing to demolish the existing homes and construct a new retail store for landscape business. The proposed site is located on the east side of Transit Road, north of County Road in the Swormville TND.

Work Session items: (for consideration at September 13, 2006)

Cimato Enterprises
Applicant is proposing to create a 2+/- acre wetland area as part of a remediation of a wetland impact on another property. (There was a wetland violation on the Woodland Hills project on Sheridan Drive near Meadowbrook. A remediation approved by the Army Corps of Engineers is to create 2-acres of wetland). The applicant is proposing to create the 2-acres of wetland on the future proposed development. The proposed site is located on the former Riegle Farm located on the north side of Greiner Road, east of Shimerville Road and south of Roll Road on existing vacant farmland consisting of 120+/- acres, zoned Residential Single-Family. The action is in advance of future subdivision development on the property. James Callahan stated that the Town Board would have to approve a Clearing, Filling and Grading Permit. Councilman Bylewski stated that he has several concerns, one being that the proposed mitigation is at a site where there is a project that is presently proposed to occur on and this request would be in advance of this project. Secondly, the violation occurred on Woodland Hills/Fox Trace East why isn't the mitigation proposed for that site. Councilman Kolber stated that this location is contiguous with other wetland areas and there is a state wetland nearby. The Town Board had concerns as to the soil types and whether or not the excavated soils were to remain.

Don Wilson from Wilson Environmental was present to answer any questions regarding the wetland violation. Mr. Wilson stated that the reason they are doing this is because they are under a consent order from the Army Corps of Engineers, they have verbally approved the suggested site however, there is nothing in writing from them yet. It needs to go to what is referred to as an "after the fact permit" which means a violation has occurred and as a result of the proposed mitigation they would issue a permit for that activity which took place four years ago. Mr. Wilson will talk to the enforcement official from the Army Corps of Engineers indicating to him that the Town is looking for something in writing.

Visone Construction
Applicant is requesting approval for a subdivision. He has the approval for a 4-lot Open Development at 4720 Goodrich Road. He is proposing a public right of way with 26 units on one acre minimum lots. There are no sewers in the area and the public road is not a through road. Under the proposed Zoning amendments, the applicant would not be approved for an open space design without sewers.

Patrick Development Goodrich Farms
Applicant is proposing an Open Space design. The proposed site is located on the east side of Goodrich Road, north of Keller Road west of Deerview in Sewer District #2. There are sewer capacity issues and pump station issues.

Shadow Woods Subdivision 6450 Goodrich Road
At the August 9, 2006 Town Board meeting, the Board identified that a density yield of 45 lots maybe developed via the Open Space Design for this development. During the past week, the Project Sponsor has develop an updated Concept Plan that addresses concerns raised by the Town Board during the August 9, 2006 Town Board meeting. The updated plan depicts 64 lots preserving a significant portion of the existing trees on the southwestern portion of the project site and would result in the creation of approximately 42 acres of permanent green space. The Project Sponsor requests that the Town Board consider the revised Concept Plans for the purpose of reaching a consensus regarding the density determination of the proposed subdivision. If a consensus cannot be reached in accordance with the revised Concept Plan, the Project Sponsor will be forced to commence an Article 78 proceeding. Supervisor Hallock suggested this project be discussed at the joint Town Board/Planning Board meeting.

The following recommendations have been forwarded to the Town Board from the TEQR Committee:

  • A Positive Declaration on the use of sewer capacity from EC Sewer District #5 in Clarence Sewer District #6 including the proposed Ranchview Subdivision. This Type I Action involves the use of sewer capacity from EC Sewer District #5 in Clarence Sewer District #6 for the development of a new subdivision of up to 47 lots.
  • A Positive Declaration on the proposed Spaulding Greens Open Space design subdivision. This Type I Action involves the development of up to 380 residential units on 400+ acres in the Residential Single-Family and Agriculture Rural Residential Zones.

Clarence Center VFC Williams Hall demolition
The TEQR Committee failed to get a majority vote to act on the Demolition Permit, so it will be referred back to the Town Board for action on the Type I Action, demolition of a structure over 50 years old. This item will be put back on the Town Board agenda to let the public participate. The fire company would like a decision and does not want to be delayed any further. Councilman Kolber will contact the Historical Society to get their input.

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

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

Supervisor Kathleen Hallock

The Town Board was reminded of the joint Town Board/Planning Board meeting scheduled for August 30th @ 7:00 PM, TEQR and the ZBA will also be present at that meeting.

Supervisor Hallock as a resolution authorizing her to sign a contract for funding for sewers on Bodine Road through the 2006 Community Development Block Grant Action Plan.

The Clarence Jaycees and JP Morgan Chase have both donated new flags to the Town.

Supervisor Hallock received a manual from the EPA titled "Using Smart Growth Techniques as Storm Water Best Management Practices". There is information on zoning, land use, transportation etc. The manual is online or if anyone is interested, Supervisor Hallock can obtain more hard copies.

Supervisor Hallock will announce the resignation of Barbara Gilmour from the Bi-Centennial Committee.

Supervisor Hallock spoke to Buffalo Crushed Stone about scheduling a meeting with neighbors in the Harris Hill area. The meeting will be held during the day, possibly on a Thursday in October.

Supervisor Hallock received the budget request from Swormville VFC. The president called and would like an opportunity to discuss the request with the Board at the September 6th morning Work Session. The fire company is also preparing a power point presentation that they would like to give to both Amherst and Clarence Town Boards at their facility.

Town Clerk Nancy Metzger circulated a memo requesting any comments, questions or concerns regarding the revised Clubhouse application. Paul Allen circulated a memo earlier this year raising concerns about certain groups selling liquor without a liquor license during their fund raising events at the Clubhouse. Supervisor Hallock suggested that "no liquor sales" should be listed on the application.

The Erie County Sno-Seekers have submitted their annual letter to the Town Board. Town Attorney Steve Bengart will review. Councilman Casilio stated that the only damage on the bike path at Memorial Park is from snowmobiles.

Town Engineer Latona stated that when we bid the current bike path, one of the alternate bids was a pedestrian safety rail for the railroad bridge that has low sides with five tier steel rails that are parallel to the ground. The bridge is approximately 195' long. The bid was $36,075. However, it only costs the town 20% of that for a total of $7,200. A Resolution will be prepared for the next Town Board meeting.

Supervisor Hallock will make a motion awarding the bid for the Main Street Town Park Clubhouse Roof Removal Project.

The retaining wall and steps at the Main Street Town Park is now completed and the railing has been installed. The Parks Department did a wonderful job and saved the Town approximately $150,000.

Supervisor Hallock has three items for Executive Session.

Councilman Scott Bylewski

Councilman Bylewski has one item to discuss in Executive Session.

Councilman Bylewski has received several announcements from our new cable provider, Time Warner.

There have been several issues pertaining to the 911 system which are being addressed. The local fire chiefs will make an announcement in the local newspapers instructing people what to do in the event of an emergency, they should continue to dial 911 but if they have trouble getting through, they should call Amherst Control at 689-1212. Councilman Bylewski has e-mailed all the County Legislatures; this will be discussed at the Public Safety meeting with the County.

The negotiations broke down with Clarence Fire District regarding the purchase of a vehicle.

Councilman Bylewski has two resolutions from the Engineering Department regarding asbestos removal at the former Youth Center facility. No matter what the Town decides to do with the building, the asbestos must be removed. Town Engineer Latona stated that there are two different strains of mold on the carpeting at the Youth Center. The carpet is sitting on tile that has asbestos in it as well as the mastic that is holding the tile down. The scope of the project has increased. The cost for the oversight of the mold/asbestos abatement project is $3,600; the cost for removal is $7,900.

The Youth Department brochure is now available. It contains information regarding the Youth Volunteer Program and the Youth Advisory Council.

Councilman Bylewski will appoint Doug Kohler to the Historic Preservation Committee.

Councilman Bylewski will announce the resignation of Phil Sgamma from the Planning Board. There is an opening for either a member or alternate member of the Planning Board to fill that vacancy.

The TEQR Committee has forwarded several recommendations.

The public comment period for the Williamsville Toll Barrier project has been extended to Friday, October 6, 2006.

Councilman Bylewski will appoint Gerald Drinkard (Planning Board) and James Burkard (Conservation Advisory Committee) to the Landscape Committee. There is still one vacancy on that board.

Councilman Joseph Weiss

Councilman Weiss will make an appointment to the Senior Center at the next Town Board meeting.

Highway Superintendent Ted Donner is recommending the lowering of the speed limit on Davison Road to 45mph and the placement of stop signs at the corners of Howe and Davison Road to create a 4-way stop intersection.

Highway Superintendent Ted Donner is requesting approval to place a stop sign at the corner of Curry Lane and Killarney Manor and the northeast corner of Curry Lane and Tipperary Manor creating a 4-way stop intersection.

Councilman Weiss will make a motion authorizing Change Order No. 1 for the Rails to Trails project for the pedestrian safety railing.

Councilman Weiss will make a motion authorizing the Highway Superintendent to utilize the drainage district pipe account for the regional drainage issue on Creekhaven Drive in coordination with the Town Engineer.

Councilman Weiss will appoint David B. Burke Jr. to the position of Code Enforcement Officer effective September 5, 2006.

Councilman Weiss has information regarding wetlands that he will copy the Town Board.

Councilman Weiss has received information from several residents as to the location of the skate park. The consensus is a location near the town library.

Councilman Weiss has one item to discuss in Executive Session.

Councilman Bernie Kolber

In reviewing the bills, Councilman Kolber has several questions for the bookkeeper regarding mileage reimbursement.

Councilman Kolber spoke to Highway Superintendent Ted Donner regarding reimbursement to Highway for the drainage districts for labor and equipment usage. Mr. Donner is going off FEMA rates; Councilman Kolber questioned whether this was accurate. Supervisor Hallock stated that it was the auditor's suggestion that we should get actual time and usage and bill that way. Councilman Kolber will talk to Highway Superintendent Donner further regarding this.

Boy Scout Troop 250 will be hosting a Fall Camporee for 400 Boy Scouts October 13th, 14th and 15th at Clarence Center Fire Company grounds. They are asking the Highway Department to support their effort by loaning them traffic safety vests, the installation of a snow fence for crowd control, lime and a lime line machine to designate competition areas and campsites. They are also requesting satellite parking at either the Town Hall or Highway Department in the event of extremely wet conditions. Councilman Kolber will contact the Highway Superintendent Ted Donner regarding this request.

Councilman Kolber stated that the Clarence Football Boosters installed a permanent walk-in freezer/cooler at Sunset Park. Parks Crew Chief John Burns gave them permission to do this. Councilman Kolber questioned whether this was legal, could there be liability issues and are we setting a precedent.

Councilman Patrick Casilio

The Clarence Hollow Merchants Association is looking for help watering the plants along Main Street. They also have reported vandalism in the farmer's market parking lot.

The Clarence Senior Center is requesting the parking lot be sealed and striped. They have also requested additional handicap striping.

Town Attorney Bengart spoke to a representative at Board of Elections regarding the use of Town Buildings during elections. Town Clerk Nancy Metzger greatest concern was giving out keys for town owned buildings, this will require us to have a town employee opening and closing all buildings. It was suggested parks security open/close the buildings, keeping track of their time and then bill the Board of Elections for it. The Board of Elections will reimburse the town for reasonable and necessary expenses. The Board of Elections is not taking possession of the voting machines for at least another year so the Parks Department will be responsible for moving them to each district.

The Town Board received a letter from NYSEG regarding the light poles in Harris Hill.

Councilman Casilio has two items to discuss in Executive Session.

Town Attorney Bengart has two items for Executive Session regarding Acadia Site Contracting Inc. vs. Town of Clarence, Marinaccio vs. Town of Clarence, and one Attorney - Client item to discuss.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss matters leading to the appointment of an individual, the employment history of individuals, the appointment/history of a corporation, § 105 (1)A matters which will imperil the public safety if disclosed. Town Attorney Bengart has one Attorney-Client item to discuss. Upon roll call Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:20 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:38 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 23, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer read by Supervisor Hallock.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held August 2, 2006. On the question, Councilman Kolber said he will not be voting as he was not present. Supervisor Hallock had an amendment on page 298, third paragraph should read "two members of the Town Board and representatives from the School District will meet." Upon roll call Ayes: All; Noes: None. Recuse: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held August 9, 2006 as received. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to award the bid for the Main Town Park Clubhouse Roof Removal Project to RGGT LLC Roofing of Bowmansville, the lowest responsible bidder at their bid of $396,000 to be paid from Project 86. Upon roll call Ayes: All; Noes: None. Motion carried.

Supervisor Hallock accepts, with regret, the resignation of Barbara Gilmour from the Bicentennial Committee.
          Anyone interested in filling this position can pick up an application in the Supervisor's office or download one from the website.

Supervisor Hallock announced that the Town recently received the donation of a large flag from the Clarence Jaycees to be used at the Main Park. JPMorgan Chase also donated a new flag for use at the Town Hall. The Town acknowledges these two organizations for their generosity and interest.

Supervisor Hallock was pleased to announce that we received the annual on-site assessment report from Erie County regarding the Going Places Senior Transportation. They reported that the Town continues to provide quality service to the elderly of Clarence. We are rated on driver courtesy, driver ability, condition of the van, procedures, record keeping and dispatching. She thanked the following who are responsible for the continued favorable rating: driver Bob Anderson, the substitute drivers, her secretary Karen Jurek and the Highway Department.

Councilman Bylewski said Time Warner, our new cable provider, has been televising debates and town hall meetings for the upcoming senate, attorney general and governor races. The town hall meeting for the governor will be televised on channel 13, Wednesday, August 30, 2006 at 7:00 P.M.

Councilman Bylewski said we received notice of the Third Modified Fourth Amended Joint Plan of Reorganization under Chapter 11 of the Bankruptcy Code for Adelphia. A lot of work has been going on.

Councilman Bylewski said there was an article in the Bee today, as well as on local news about the issues with the 911 system. The concerns are diligently being addressed by the local fire companies. If there is an emergency, people should still dial 911. If they are having trouble getting through, they can call Amherst Alarm at 689-1212.

Motion by Councilman Bylewski, seconded by Councilman Weiss to award the Oversight of the Mold/Asbestos Abatement Project for the Clarence Youth Center to Stohl Environmental, LLC, which includes scope of work, technical specifications, sampling, bid preparation, removal oversight and final analysis, testing and certification not to exceed $3,600. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to award the bid for the Mold/Asbestos Abatement Project Carpet, Tile and Mastic Removal for the Clarence Youth Center to Arric Corporation in the amount of $7,900. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that the Youth Department brochure is out and available. It talks about the Youth Volunteer Program and the Youth Advisory Council. Anyone interested in finding out more can contact Dawn Kinney at 407-2162.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Doug Kohler to the Historic Preservation Committee. On the question, Councilman Bylewski said Mr. Kohler is very involved with the history of the Town. He put out the books about Clarence Hollow and Harris Hill areas. He will be a valuable asset to the committee. This is an annual appointment. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept, with regret, the resignation of Phil Sgamma as a member of the Planning Board, as he is moving out of state. He said it has been an honor and a pleasure working on the various boards over the last 12 years. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said anyone wishing to serve as a member or alternate member of the Planning Board should submit an application by September 23, 2006.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, a Negative Declaration is issued on the proposed Creekwood Meadows Open Space Design Subdivision. This Type I Action involves the development of up to 27 Residential Lots along a private loop road on property located on the north side of Roll Road, west of Newhouse Road. After thorough review of the submitted Site Plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, including coordinated review among involved agencies, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and the Town of Clarence Zoning Law and will not have a significant impact upon the environment. On the question, Councilman Bylewski said the proposal is for and open space design with sewers. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, a Negative Declaration is issued on the proposed Bonhoff Barn Demolition. This Type I Action involves the demolition of an existing barn, greater than 50 years old, located at 5955 Thompson Road. After thorough review of the submitted application and Environmental Assessment Form by the TEQR Committee and the Town Board, it is determined that the proposed action will not have a significant impact upon the environment. On the question, Councilman Bylewski said we did not receive any information from the Historical Society regarding this property. Upon roll call Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, the Town Board seeks Lead Agency status and will commence a coordinated review of involved agencies on the proposed Kausner Ransom Road Open Development Area. This Unlisted Action involves the development of a 2-Lot Open Development Area with one Frontage Lot in the Agricultural Rural Residential Zone at 4180 Ransom Road. Upon roll call Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Casilio. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, the Town Board seeks Lead Agency status and commences a coordinated review of involved agencies on the proposed Dunkin Donuts Restaurant located at 9430 Main Street. This Unlisted Action involves the development of a new donut shop in the Commercial Zone. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, the Town Board seeks Lead Agency status and will commence a coordinated review of involved agencies on the proposed Town of Clarence Parks and Recreation Master Plan as a part of Master Plan 2015. This Type I Action involves the adoption of the draft Parks and Recreation Master Plan. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, a Positive Declaration is issued on the Use of Sewer Capacity from Erie County Sewer District #5 in Clarence Sewer District #6 and including the proposed Ranchview Subdivision located on the Southwest corner of Clarence Center and Shimerville Roads. This Type I Action involves the use of sewer capacity from Erie County Sewer District #5 in Clarence Sewer District #6 for the development of a new subdivision of up to 47 lots. After thorough review of the submitted site plan and Environmental Assessment Form, including coordinated review among involved agencies, it is determined that the proposed action may have a significant impact upon the environment, specifically identifying traffic, ground and surface water impacts, and the use of sewer capacity as the main issues which need further analysis. A scoping session should be established to further define the parameters of a Draft Environmental Impact Statement. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, a Positive Declaration is issued on the proposed Spaulding Greens Open Space Design Subdivision. This Type I Action involves the development of up to 380 residential units on 400 + acres in the Residential Single-Family and Agricultural Rural Residential Zones. The action is identified as a Development Related Impact with the Heise-Brookhaven Trunk Sewer Line Environmental Impact Statement and will require the development of a Supplemental Environmental Impact Statement. A scoping session should be established to define the parameters of a Supplemental Environmental Impact Statement. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the New York State Thruway is extending the comment period on the Williamsville Toll Barrier Draft Environmental Impact Statement to Friday, October 6, 2006. Anyone interested should submit their written comment to Christopher Waite, Chief Engineer at the NYS Thruway Authority. The address is available at the town hall.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Gerald Drinkard and James Burkard to the Landscape Review Committee according to the newly adopted Landscape and Tree Conservation Local Law. Mr. Drinkard is the member from the Planning Board and Mr. Burkard is the member from the Conservation Advisory Committee and has been serving on the prior committee. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there is still an opening on the Landscape Review Committee to be filled by someone with professional ability in the field of landscaping or landscape design.

Supervisor Hallock stated that item 18 is removed from the agenda tonight at the request of the applicant.

Councilman Weiss said the Town of Newstead requested a speed study on Davison Road by the New York State Dept. of Transportation. The results of the study warranted a speed reduction to 45 mph and a 4-way stop at the Howe Road and Davison Road intersection. The County of Erie has agreed to lower the speed to 45 mph and create a 4-way intersection.
          Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation by Highway Supt. Ted Donner, the Town of Clarence is in concurrence with the lowering of the speed limit on Davison Road to 45 mph from Main Road to Clarence Center Road and placement of stop signs at the corners of Howe Road and Davison Road creating a 4-way stop intersection. On the question, Councilman Weiss said that at the request of the Town of Newstead, a traffic study has been performed by the New York State Dept. of Transportation. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation by Highway Supt. Ted Donner, approval is granted for placement of stop signs at the corner of Curry Lane and Killarney Manor and the northeast corner of Curry Lane and Tipperrary Manor creating a 4-way stop intersection. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to authorize Change Order No. 1 to the Clarence Rails to Trails Project for the pedestrian safety railing in the amount of $36,075, which will be 80% funded from the existing CMAQ Grant with the Town of Clarence share being $7,215. On the question, Councilman Weiss said this gives us the opportunity to install safety rails on the old railroad bridge. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the Highway Superintendent to utilize the Drainage District Pipe Account for the regional drainage issue on Creekhaven Drive in coordination with the Town Engineer. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to appoint David B. Burke, Jr. to the position of Code Enforcement Officer in the Building Department. Mr. Burke has successfully passed the Civil Service Examination and is currently working for the Town of Evans. He has completed Courses A, B, C and D for the NYS Uniform Fire Prevention and Building Code Enforcement Training Program and he has an Associate Degree in Architecture. Mr. Burke's starting date will be September 5, 2006 and he will have one year from his starting date to become a Clarence resident. On the question, Councilman Weiss said this is a budgeted item. Mr. Burke is replacing a Code Enforcement Officer who resigned. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he has received a number of calls and letters regarding the proposed skate park project. Most people would like to see it located near the Town Hall because of the central location, close to the library, close to the schools and close to the bike path. He is still looking at various configurations and companies. He will be meeting with a bunch of skateboarders to get their input.

Councilman Weiss said he will appoint Jacqueline Carpenter to the Senior Center Board at the next meeting.

Motion by Councilman Kolber, seconded by Councilman Casilio to authorize the Supervisor to execute the Community Development Block Grant Agreement between the County of Erie and the Town of Clarence for the Bodine Road Sewer Installation, subject to review and approval by the Town Attorney. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced that Boy Scout Troop 250 is hosting 400 boy scouts for the 2006 Fall Camporee on October 13 15, 2006 at the Clarence Center Fire Company grounds. They are asking for the Highway Department to facilitate this event. We will see what we can do to help them out.

Councilman Kolber said last week's Bee editorial took a shot at the Board saying they make their decisions based on personal opinions and beliefs. He believes the Town residents voted them into office to protect their interests. He hopes that people recognize that the decisions are made in the best interest of the Town and its future.

Councilman Casilio said we received a letter from NYSEG regarding the ongoing conditions of the street lights in the Harris Hill area. He will be working with the Parks, Highway and Engineering Departments to get this moving to correct the problems.

Councilman Casilio announced that the Traffic Safety Board meeting will be held on Monday, September 11, 2006 due to the holiday.

Councilman Casilio announced that Erie County is holding a Household Hazardous Waste Drop-Off Day at Honeywell Special Materials at 20 Peabody Street in Buffalo on Saturday, September 9, 2006 from 9 am to 2 pm. They will be accepting lawn, garden and pool chemicals; household chemicals/cleaners; aerosol cans; oil-based paints; paint thinner, batteries; automotive fluids; mercury; propane and marine flares.

Councilman Casilio thanked the Engineering Department for the great job they have been doing on the bike path extensions. We still are not supposed to be using it until it sets. The fence at Memorial Park is a great safety addition. Supervisor Hallock said the paths are clearly marked when they are not available.

Public Participation

Steve Murtaugh spoke regarding item 14 for a subdivision on Thompson Road and Orchid Ledge Drive. He is not opposed to the development because the area is loaded with deer. He is concerned about the drainage system that runs through the entire parcel. The concept being submitted shows no sign of the extensive drainage system being there. They should show how they will accommodate this system in their plan.

A Public Hearing was held to consider the purchase of approximately 96 +/- acres of vacant land located at 6995 Heise Road at a purchase price of $768.000. James Callahan said the location is the east side of Heise Road, north of Martin and south of Lapp in the Agricultural Rural Residential Zone. The Recreation Advisory Committee is recommending that the Town proceed with acquisition to provide future parkland in the northern portion of the Town per the Parks and Recreation Master Plan.
          Speaking to the subject:
          Town Attorney Steven Bengart said work on this parcel began about a year ago. The first appraisal on the property was extremely low and it took several months to receive another appraisal. The owner got an appraisal of $10 per acre and the compromise was $8 per acre. The agreement will include life use by the Webers. The property will stay on the tax rolls until passing of both owners.
          Karl Tresino said the property is located behind him. His concern was if they could continue to run the dog kennel.
          Town Attorney Steven Bengart said it is anticipated that any uses taking place on the property today will be allowed to continue during their lifetime. It is in an agricultural district and the uses would be allowed anyway.
          Supervisor Hallock said our Parks & Recreation Master Plan Draft has been presented for review. One of the items identified is insufficient parkland in the northern portion of the Town. A suggestion was to obtain land for future development. This piece of land is what is referred to as high-dry farmland, which is considered valuable land.
          Town Attorney Steven Bengart said one item that will be made part of the agreement is that the Weber name will used as part of the name of any park that is created in the future as a legacy to the family.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that after a public hearing duly held on August 23, 2006, and after all interested parties being heard, the Clarence Town Board approves the purchase of approximately 96+/- acres of vacant land located at 6995 Heise Road in the Town of Clarence, Erie County, NY, at a purchase price not to exceed $768,000 plus any closing costs and disbursements and authorizes the Supervisor to sign a purchase contract which said contract is subject to Town Attorney approval. Funds are to be allocated from General Fund and/or Recreation Fees. On the question, Councilman Kolber said it is important to note that this is coming out of General Fund and Recreation Fees, not as part of the greenprint property purchases, to allow for park development in the future. Upon roll call Ayes: All; Noes: None. Motion carried.

Nancy Rowley requests a Special Exception Use Permit for an in-law apartment at 9645 Martin Road. James Callahan said the property consists of approximately 1.1 acres zoned Agricultural Rural Residential. The applicant is seeking approval for an in-law apartment as part of a single-family home development.
          Nancy Rowley was present. She is aware and in agreement with the stipulations of the use. Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board, after a public hearing duly held on August 9, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Nancy Rowley, for the construction of a secondary living unit as part of the new residential home to be built at 9645 Martin Road subject to the following conditions: 1. Shall only be utilized as a familial/in-law apartment, for paid employee(s) or guests of homeowner. 2. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the secondary unit to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney. 3. Proof of filing of the approved deed is required and must be submitted to the Town Attorney.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Lia Honda requests a Public Hearing to consider a Special Exception Use Permit to convert existing retail space to an automotive sales operation at 4891 Transit Road. James Callahan said the property consists of approximately 3/4 acre zoned Major Arterial.
          Albert Latini, General Manager said there is no specific plan of what they are going to do at this building. It will be some form of expansion of the business.
          Supervisor Hallock said they should have a plan at the public hearing to give everyone the opportunity to ask questions.
          Councilman Bylewski said we have been asking that parking lots be striped.
          Councilman Casilio said he would prefer to know what they are going to do there before holding a public hearing.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for September 13, 2006 at 7:50 P.M. to consider the request for a Special Exception Use Permit to convert existing retail space to an automotive sales operation at 4891 Transit Road. On the question, Councilman Bylewski said he should submit a site plan by the end of the month showing what they exactly plan on doing at this location. Upon roll call Ayes: All; Noes: None. Motion carried.

Properties Unlimited requests Preliminary Concept review of a proposed subdivision on Thompson Road and Orchid Ledge Drive. James Callahan said the location is the southwest corner of Thompson and Greiner consisting of approximately 41 acres zoned Residential Single-Family.
          Gary Jason said he is proposing 25 lots consisting of 1.33 acres with 151' frontage. There are two access points. In regard to the drainage issue brought up tonight, he has confidence that their engineer and the Town Engineer will be able to resolve any issues. It will be a phased project and not done all at once.
          Councilman Kolber said Mr. Jason was not present at the meeting to split off three lots. He hates being lied to. At that time, it was asked if there was a plan for this parcel and they were told no. That was in May and the plan is dated July. Mr. Jason said at that time they did not have a plan. It was separated for 12 years.
          Councilman Bylewski said the Master Plan has to control all land use decisions. The Town should be steering all development to areas with sewers. This is being proposed as a septic system development. If we feel that the proposed plan does not comply with the Master Plan, it should not go forward for review. The Subdivision Law states that it is in the Town Board's discretion whether or not to accept a roadway for public dedication. He is not sure if it provides a public benefit.
          Councilman Weiss said he believes it should be denied because it violates the Master Plan and because of the public road.
          James Callahan said the only allowance for private roads is through an open space design. Councilman Bylewski said they may get 8 lots in an open development design. Any open development of 5-acre lots could all be developed at once.
          Councilman Bylewski said the two issues are no benefit to public roadway and noncompliance to the Master Plan. He sees that the land could be developed with a different plan.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to deny the request by Properties Unlimited for a proposed subdivision on Thompson Road and Orchid Ledge Drive as submitted. Upon roll call Ayes: All; Noes: None. Motion carried.

Joann Wilks requests a Public Hearing to consider a Special Exception Use Permit for a secondary living unit at 5122 Eastbrooke Place. James Callahan said the applicant is proposing to add an in-law apartment to an existing single-family residence.
          Joann Wilks said the addition is approximately 750 sq. ft. on the right side of the house behind the garage. It is for her mother to live there. She is hiring the same builder who built the house to do the addition.
          Motion by Supervisor Hallock, seconded by Councilman Casilio to set a Public Hearing for September 13, 2006 at 7:55 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit at 5122 Eastbrooke Place. Upon roll call Ayes: All; Noes: None. Motion carried.

Dan Singer requests approval for a parking lot expansion for Big Sings at 6251 Goodrich Road. James Callahan said the location is the east side of Goodrich Road, north of the Building & Engineering Department consisting of approximately 1/2 acre zoned Commercial.
          Dan Singer said he would like to extend the parking lot about 10 ft. to the north and take it back behind the building to additional stoned parking area. He would pave along the side of the building about half way back and finish with stone. He may at some time pave it in the future. He feels this is important for safety reasons. He spoke with the Town Engineer regarding the drainage.
          Councilman Bylewski asked the Town Engineer which he preferred for drainage purposes, paving or stone. Town Engineer Latona said he would prefer stone because it drains off quicker.
          Councilman Bylewski said they recently approved a parking lot in the Clarence Center Traditional Neighborhood District that had to be paved. Big Sings is outside of that district, but still in the area. He sees enough distinctions, but it is a concern. He asked if Mr. Singer would be willing to pave at least to the back of the building. Mr. Singer said his issue is cost, but he would do that if it is required.
          Councilman Kolber suggested a fence so that people do not walk into the driveway. Mr. Singer said he will have a pathway from the parking lot in the rear around the opposite side of the building from the driveway. He could add a picket fence along that area with some landscaping.
          Councilman Bylewski said his other concern has to do with the Landscape and Tree Law. Mr. Singer said he would only remove the two trees if he has to. James Callahan said they could refer the proposal to the Landscape Committee for review.
          Councilman Bylewski said we have been requiring striping and arrows to define the parking spaces and traffic flow. Town Engineer Latona said Mr. Singer could stake it out and he and Mr. Callahan could go out and take a look at it. He also suggested that the parking in the front be set back enough away from Goodrich Road as not to cause a site issue.
          Town Attorney Steven Bengart said all of the conditions should be clearly stated.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request of the applicant, Dan Singer, and approves the expansion of the existing parking area at the rear of the shop, Big Sings located at 6251 Goodrich Road subject to the following conditions: 1. Paving of the driveway, at minimum to the rear of the building, subject to review and approval of site plan or onsite visit by the Town Engineer and Planning Department. 2. Striping of the parking lot. 3. Tree removal in accordance with the Landscape and Tree Conservation Law. 4. Permanent safety fence installed at north side of building along driveway. 5. Landscape Committee approval of foregoing. 6. Town Board approval prior to paving rear parking lot in future.
          On the question, Councilman Bylewski asked that the Town Attorney review the resolution.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Weiss asked about the sign at Big Sings Main Street location. Mr. Singer will contact the Planning Department.
          Councilman Bylewski added that he also discuss the outside dining with the Planning Department.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request by Roll Road Industrial Business Park for Concept Approval for a public road dedication at 8570 Roll Road until the applicant is present. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to table the request by Lakeside Industrial Business Park for a determination on setback of previously approved project at 6660 Goodrich Road at the applicant's request. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to table the request by KLH Holdings for a Minor Subdivision Approval to create three additional residential building lots at 6435 6455 Strickler Road until the applicant is present. Upon roll call Ayes: All; Noes: None. Motion carried.

Russell Gullo requests Concept Review of a proposed retail landscape business at 6825 Transit Road. James Callahan said the location is the east side of Transit Road, north of County Road consisting of three existing residential properties in the Swormville Traditional Neighborhood District. The applicant is proposing to remove the existing structures.
          Russ Gullo brought in a rendering of the proposed building. It is all glass with brick on the front. He believes it fits in with the area between Walgreens and St. Mary's Church.
          Councilman Bylewski said the proposed application would involve demolition of a building greater than 50 years old.
          Councilman Kolber said there was concern of an historical nature of the old Schworm house. He added that it does not appear to have much historical value left. Mr. Gullo said he would be happy to donate it to the Town if they would like to move it. It is in very bad shape. The property has been on the market for 7 years and no one was interested. The foundation is starting to decay.
          Councilman Bylewski said maybe there is some way to capture the history with a marker or something. Mr. Gullo said what he would like to see a sign or marker welcoming you to the hamlet of Swormville. He would landscape it and keep it looking nice.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to refer the request for Concept Review of a proposed retail landscape business at 6825 Transit Road to the Planning Board. On the question, Councilman Bylewski said the subject of the demolition should occur along with the environmental review of the build out of the property. Councilman Kolber said he would like a full study done by the Historical Society before the Demolition Permit is issued. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications - A. Girl Scouts Sept. 18, 2006; B. Clarence SEPTSA Sept. 23, 2006; C. Dan Gregorio Oct. 28 & 29, 2006; D. Cub Scout Pack 568 Feb. 9 & March 18, 2007; E. People of Praise March 31, 2007. Legion Hall Applications - A. Clarence Log Cabin Quilters Sept. 30, 2006. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of August 24, 2006 are approved for payment: General Fund - $131,771.08; Highway Fund - $97,258.24; Water District - $1,715.41; Drainage District - $41,598.00; Capital Fund - $35,840.91; and Trust & Agency 203 - $1,660.00 for a total amount of $309,843.64. Upon roll call Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:13 P.M. in memory of Mary Gehring.

Nancy C. Metzger
Town Clerk