09/08/04


A Work Session of the Clarence Town Board was held September 8, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Member of the Town Board present were Council Member’s Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Town Attorney Steven Bengart, Town Engineer Joseph Latona, Senior Building Inspector David Metzger.

Director of Community Development James Callahan

Public Hearings:

Public Hearing @ 7:45 P.M. to consider a Local Law amending Chapter 69 Buildings, Demolition.

Formal Agenda Items:

Cingular Wireless 7377 Transit Road

Applicant requests a Special Exception Use Permit for construction of a 95’ telecommunications tower. The proposed site is located behind the existing Kitchen Advantage Store located on two acres in the Major Arterial Zone. Per the Satellite Antenna and Tower Law, the Town Board must approve a Special Exception Use Permit and the Planning Board must grant site plan approval for the proposed tower location.

Susan Aronica 6241 Transit Road

Applicant requests a Change in Use from Residential to Veterinary Clinic in an existing single-family residential property located on .34 acres in the Major Arterial Zone. The proposed use is acceptable in a Major Arterial Zone. The Town Engineer should review for any drainage issues. The applicant may remove a garage in the rear of the property to provide for five parking spaces.

Jim Bevilaqua 6465 Transit Road

Applicant requests Concept Plan Approval for development of a commercial park to include office and retail business. The proposed site is located on 5.5 acres of vacant land on the east side of Transit Road, north of the Floss professional building. The site is in the Major Arterial and Commercial Zones.

Tae Kwon Do Facility 5921 Transit Road

Applicant requests Development Plan approval for construction of a 10,000 square foot facility. The proposed site is located on the east side of Transit Road, south of Clarence Center Road on approximately 2.7 acres in the Major Arterial Zone. The project has been through the review process. The Planning Board has forwarded a recommendation to approve the Development Plans with the conditions of the Town Engineer and approval of the Landscape Committee. There were concerns relative to the elevations on the north side of the building. Director of Community Development James Callahan stated there already is dense vegetation along that north side.

Dave Thomas 9920 Main Street

Applicant requests a building permit and architectural approval for construction of a 3,120 square foot addition to existing commercial facility. There will be no additional loading facilities off the Kraus Road frontage and the applicant has agreed to landscape the yard adjoining the residential property to the north per recommendation of the Landscape Committee. The Planning Board has forwarded a recommendation on the proposed addition, identifying the matching color scheme of the addition and the architectural shingles to match the existing roof.

Work Session items for consideration at the 9/22/04 meeting:

Comprehensive Zoning Law and Map update

The Planning Board has forwarded a recommendation to the Town Board to initiate the adoption process on the forwarded Draft #5 of the Zoning Law and Map revisions.

Waterford Village LLC

Applicant requests site plan approval for Phase II of the Waterford Commons and Phase II of Waterford Estates. Phase II of the Commons represents development of

approximately 1000’ of Shannon Court and 600’ of Monaghan Lane and would involve 32 lots. Phase II of the Estates represents development of approximately 1600’ of Corinne Lane, 550’ of Curry Lane and 100’ of Wexford Manor and would involve 33 estate lots. Erie County Health Department has issued approvals for the sewer and water line extensions. The Town Engineer has forwarded a recommendation on the submittal. The Planning Board has forwarded a recommendation with conditions, including setbacks and design elements as originally forwarded by the Planning Board in 2003.

KBJ Holding Company, Inc.

The proposed vacant lot is located on the northwest corner of Gunnville Road and Wehrle Drive. The applicants’ requests a change in zone from Residential A to Commercial they have no plans for development at this time. The proposed Zoning Map identifies that the area will remain agricultural residential. The future land use map identifies that the area could be converted to commercial. Input from adjoining neighbors has identified the rural residential classification recommended in the zoning map.

Tracy Phillips 9395 Main Street

Applicant requests approval for a hair salon in existing automotive repair facility. The proposed site is located on the south side of Main Street, between Thompson Road and Goodrich Road. Adequate area exists to accommodate parking.

Supervisor Kathleen Hallock

Andee Rebeck from NYS Office of Parks, Recreation and Historic Preservation will be here at the October 6, 2004 Work Session. Supervisor Hallock is working on scheduling a date for a general informational meeting with a representative from Albany.

Director of Community Development James Callahan stated that part of the Waterford PURD is dedicated property for a bike path. The developer is donating the blacktop for the path and is requesting the Town initiate the design and construction of the bike path through Waterford Village. Town Engineer Latona stated that we have a design for the path, it just has to be laid out and the preparation work must be done. Councilman Kolber stated that there are issues with the easement and NYSEG for part of the path off of Clarence Center Road.

Supervisor Hallock received information from Senator Mary Lou Rath’s office regarding the loss of court fees. Senator Rath is co-sponsoring legislation reversing giving court fees to the State. Supervisor Hallock also received a faxed letter from Brian Higgins saying much of the same thing. There is a bi-partisan rally tomorrow at the State Office Building protesting the fees. Information on the rally was forwarded to the Court Office and Town Prosecutor.

Supervisor Hallock received a complaint from a Clarence Center resident saying that the Coffee Shop is noisy on weekends; they do however stop at 11:00 P.M. Fredi’s is noisy during special events.

Bob Blackmore from the Clarence Football Association met with Supervisor Hallock regarding the traffic on Harris Hill and Wehrle Drive during football games. Some people park at the office park on the south side of Wehrle Drive. Mr. Blackmore is questioning the liability if someone were to get injured crossing the street. He also questioned whether or not the Clarence Football Association could hire a crossing guard to assist people crossing the street. Town Attorney Bengart stated that everyone would be liable. The NYS Department of Transportation does not like mid-street crossings, they prefer you cross at the light. Councilman McPherson stated that in years past, the football association had crossing guards during games. Supervisor Hallock will question Mr. Blackmore about prior years to see if they hired crossing guards or if it was done on a volunteer basis.

Ethics Board Chairman Steve Murtaugh asked if the committee applications could be extended because notice did not get in the Clarence Bee. The application process will be extended for three weeks.

Supervisor Hallock will make two transfers in General Fund. One for the Town Clerk’s office and one for insurance.

A Public Hearing will be set for October 13, 2004 at 7:45 P.M. for Community Development funds.

Supervisor Hallock has several items for Executive Session.

Councilman Ian McPherson

Councilman McPherson has several announcements.

Councilman McPherson will make a motion authorizing NYSEG to activate a total of eleven streetlights.

Councilman Scott Bylewski

Councilman Bylewski has an amendment/clarification to the minutes.

Councilman Bylewski will mention the ADHD (Attention Deficit/Hyperactivity Disorder) Resolution that was passed at the September 1, 2004 morning Work Session.

Several residents in Rock Oak West have concerns regarding Rural Metro EMS locating streets in their area. Councilman Bylewski will bring this matter up at the next Fire Chief’s meeting.

Councilman Bylewski has received a letter from NYS Department of Environmental Conservation regarding BDT.

Councilman Bylewski reminded everyone about the table-top exercise to be held October 9, 2004.

Councilman Bylewski has the updated information regarding the Clergy’s Association Walk for Pul-e-ishan in Afghanistan on September 26, 2004. The walk will start at Zion Lutheran Church, down to the bike path at Kraus Road to Meadow Lakes Park and back again. All appropriate agencies must be notified.

Town Engineer Latona has provided updated building permit numbers.

Eastern Hills Sunrise Rotary is inviting the Town Board, Parks and Highway Officials to the dedication of playground equipment at Parker Field on September 22, 2004 at 7:30 A.M.

Councilman Bylewski has one announcement to make.

Councilman Joe Weiss

Councilman Weiss stated that at the August 11, 2004 Town Board meeting, there was some confusion regarding a motion for placement of stop signs. Deputy Highway Superintendent Ted Donner stated that it needed to be done in the form of a motion. Councilman McPherson stated that the authorization was given.

Deputy Highway Superintendent Ted Donner is requesting approval to hire Joseph Braunschidle on a part time basis to perform traffic signal maintenance.

Deputy Highway Superintendent Ted Donner is requesting Town Board approval to purchase a used 1991 Mack road tractor from Swimco Pools in Lockport.

Town Engineer Latona is requesting approval for a transfer of funds to be used for an additional filing cabinet and a flashlight for the engineering aide.

Councilman Bernard Kolber

Parks Crew Chief John Burns is requesting a transfer of funds to cover the increased cost of gasoline for parks and security vehicles.

Town Attorney Steven Bengart

Town Attorney Bengart has one item to discuss in Executive Session under pending litigation relative to Gables on the Green.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105(1)F matters leading to the appointment of a particular individual, matters leading to the discipline of particular persons; 105(1) A matters which will imperil the public safety if disclosed; 105(1)E collective negotiations pursuant to Article 14 of the Civil Service Law; 105(1)D pending litigation regarding Gables on the Green. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 6:30 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:05 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, September 8, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Scott Bylewski led in the pledge to the flag, followed by a prayer given by Pastor Chuck Smith of Clarence Center United Methodist Church.

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

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held August 25, 2004. On the question, Councilman Bylewski said as a matter of clarification, on page 296, “Councilman Bylewski said it does say that the Town Board can refer to the Planning Board for review.” It should refer to Dumps and Dumping, Section 87-3…. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to authorize a transfer of funds in the General Fund for the Town Clerk accounts as follows: $300 from A1410.479 Other Unclassified, $300 from A1410.433 Lockbox and $50 from A1410.470 Expense and Travel for a total of $650 to account A1410.424 Town Code Update. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to authorize a transfer of funds in the General Fund as follows: $36,000 from A1990 Contingency to A1910 Unallocated Insurance. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to set a Public Hearing for October 13, 2004 at 7:45 P.M. regarding the use of Federal Community Development funds. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the Third Annual Tami Barillari Blemel Walk to benefit Pregnant with Cancer will take place this Sunday at the Clarence Town Park on Main Street. Registration stars at 8:00 A.M. and the walk begins at 9:00A.M.

Supervisor Hallock announced that the Auto Bureau conducts business in the Clarence Library every Friday from 10:00 A.M. to 3:00 P.M. On September 17 th only, they will be set up in the Town Hall.

Supervisor Hallock announced that the Town Board is extending the application period for the opening on the Ethics Committee to September 22, 2004 because the announcement did not make it into any issues of the Clarence Bee.

Supervisor Hallock said we have a new member in our community. She congratulated Councilman Bylewski on the birth of his daughter, Olivia Ann born last week.

Councilman McPherson recognized Linda Panaro representing the Chamber of Commerce.

Councilman McPherson announced that yesterday at 10:00 A.M., the connection was made between the Heise/Brookhaven Trunk Sewer Line and the Clarence Hollow Sewer Project. This means that the affluent will be able to be transported to the Town of Amherst sewage treatment plant when the sewers are ready in the Hollow. This is quite an accomplishment by an awful lot of people.

Councilman McPherson said the Clarence Hollow Association will be celebrating the completion of the NYS DOT Main Street reconstruction project with an event on Saturday, October 2, 2004. They are planning a ribbon cutting ceremony and a parade signifying the reopening of Main Street in the Clarence Hollow. Dedication will be in front of the Clarence Town Park at 11:00 A.M., followed by the parade of 1.2 miles to Antique World.

Councilman McPherson said we received two traffic inquiries, one regarding Goodrich Road and another regarding Strickler and Clarence Center Roads. They will be referred to the Traffic Safety Board for review.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize NYSEG to activate a total of Eleven (11) streetlights in the Loch Lea Subdivision on Pinestone Court, Pine Loch Lane and Melissa Renee, as per the NYSEG proposal and as per as-builts submitted. Standards, fixtures and underground conductors to be installed by the developer. Conductors, fixtures, and standards to be owned and maintained by the Town of Clarence. Connection, energy lamp and photo electric eye replacements to be supplied and maintained by NYSEG under the terms and conditions covered in NYSEG’s street lighting agreement with the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the Town Board passed a resolution on September 1, 2004 regarding the establishment of September 7, 2004 as “National Attention Deficit Disorder Awareness Day” in the Town of Clarence. This was in support of a resolution adopted by the United States Senate.

Councilman Bylewski said a copy of a letter sent by the NYS DEC to Clean Harbors dated August 25, 2004 regarding the RCRA Facility Investigation (RFI) Work Plan dealing with the closure of the BDT facility. It states that the revised RFI Work Plan is approved contingent upon incorporation of a minor modification. A copy of the letter is on file in the Town Hall.

Councilman Bylewski announced that the Clergy Association will hold their annual walk on September 26, 2004 at 1:30 P.M. beginning at Zion Lutheran Church to the bike path. The walk is in support of the establishment of a school in Pul-e-ishan, Afghanistan, north of Kabul. The reason it has been moved from Gandacha is due to the level of violence in that area.

Councilman Bylewski said we received the August building permit numbers. August 2004 – 9 single family building permits issued in subdivisions, 10 out for a total year-to-date of 85 in subdivisions and 45 out of subdivisions for a total of 130 permits issued. At the end of August 2003, there were 117 permits issued in subdivisions and 34 outside for a total of 151. We are lagging a little bit behind last year, but still have building going on. However, there were 7 permits issued in subdivisions and 2 outside in August of 2003.

Councilman Bylewski referred to James Callahan for an update on the action items being worked on since we have been under the moratorium.

James Callahan said the Planning Board completed their review on the proposed comprehensive zoning law and map update. They have forwarded a recommendation to the Town Board to pursue adoption.

The Planning & Zoning Department has completed a rough draft of the proposed subdivision law update and the Planning Board has scheduled September 29 th for the first comprehensive public review of the document.

The consultants will forward a draft report of the Adequate Public Facilities law sometime in October.

The Parks and Recreation Master Plan project will commence shortly.

Councilman Bylewski said there have been a few articles in paper lately regarding the Town of Amherst, Town of Clarence and Erie County concerning sewer charges. The Town of Clarence wants to pay its fair share. We have a right under the existing agreement to have access to the documents to verify the sewer charges, which Amherst has failed to supply. The Amherst Town Engineer is quoted in the Bee as saying, “some things that should not have been charged were to the Town of Clarence.” Now, Amherst is initiating a lawsuit to collect money that they admit is not legally owed to them and is that fair?

Amherst has refused to pay monies owed to Clarence for the Firefighters Level of Service Award Program (LOSAP) for a number of years.

Councilman Bylewski said it is time for Amherst to do what is fair. We asked our Town Attorney to meet with the Amherst Town Attorney to settle these issues before it was brought to litigation. The municipalities are working together in other areas. The Planning Boards are jointly meeting at the Clarence Library to discuss land use access management on Transit Road. We can work together and it is time for Amherst to be fair.

Councilman McPherson added that another fact that should be brought out is that about four years ago we had the same debate. The Town of Clarence paid 70% of some outstanding bills to Amherst in anticipation of the provision for the information that we still seek. One of the alternatives was for Clarence to pay what we think we owe. It did not work in the past and he does not see it working now. He hopes that this matter can be resolved without proceeding to litigation.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize a transfer of funds in the amount of $320 from account A1440.471 Training to A1440.220 Equipment for the Engineering Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to award the bid for the purchase of a Used 1991 Mack Road Tractor to Swimco Mfg., Inc., being the sole bidder, meeting all specifications at their bid of $16,000. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to hire Joseph Braunschidle on a part-time basis to perform traffic signal maintenance to include winter maintenance, change all bulbs and research a future changeover to L. E. D. units. Mr. Braunschidle will work approximately 8 hours per week at a rate of $45 per hour. Funds are available through our sign and signal account. On the question, Councilman Bylewski asked if Mr. Braunschidle is a Clarence resident since he is retired from the Town of Amherst? Supervisor Hallock asked if he is being hired as a subcontractor? Councilman McPherson said Mr. Braunschidle has worked in this capacity for the Town before. Supervisor Hallock said he is a subcontractor and not an employee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss stated that Town officials have been meeting, subsequent to the vandalism, with various security, lighting agencies, the State Police and the Sheriff’s.

Motion by Councilman Kolber, seconded by Councilman McPherson to approve the transfer of $6,000 from account A 7110.1 Personal services to account A 7110.416 Gasoline and Oil for the Parks Department. On the question, Councilman Kolber said this necessary due to the increased cost of gasoline for Parks Department and Security vehicles. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said there was an article in the Amherst Bee regarding the resignation of a member from the Amherst Conservation Advisory Council who was a professional engineer and an expert on environmental conservation issues. The prime reason for his resignation was because the Town of Amherst spent $500,000 for a comprehensive development plan for Amherst. In his opinion, it was throwing money away. He references the Towns of Clarence and Tonawanda as having moved ahead with comprehensive plans, while they are stuck in the 1960’s. Councilman Kolber thanked our Planning Department and Planning Board for their efforts in bringing this forward. Supervisor Hallock said our Town Board should also be thanked for adopting our comprehensive plan or as we refer to as the Master Plan.

Supervisor Hallock announced that there is a Special Meeting of the Town Board set for Wednesday, September 15, 2004 at 7:00 P.M.

Public Participation

Linda Penaro, secretary and director of the Clarence Chamber of Commerce made comments on agenda items on behalf of the Chamber of Commerce. In regard to item 13 for a Change-In-Use from Residential to Veterinary Clinic at 6241 Transit Road, the Chamber is in favor of this request. They have no comment at this time in regard to Item 14 for Concept Plan Approval for development of a Commercial Park at 6465 Transit Road. The Chamber is in favor of items 15 for construction of a Tae Kwon Do Facility at 5921 Transit Road and 16 for construction of an addition to an existing commercial facility at 9920 Main St.

A Public Hearing was held to consider a Local Law amending Chapter 69 Buildings, Demolition of. James Callahan said the changes proposed add to the administration section identifying that structures built prior to 1950 would be classified as a Type I Action under SEQR and would require a more formal review before the application is processed. It affords the community to identify the significance of a potential historic structure prior to demolition. The process would include referral to the State Office of Historic Preservation for review.

Speaking to the subject:

Sandy Larkin, 5170 Bank St. is a lifelong resident of the Town and Chairperson of the Preservation Committee of the Clarence Hollow Association. They encourage better protection on some of the buildings. They suggest a timeframe of 45 days for research for a particular structure or property. Also, they would like to have referral to our own Town agencies such as the Historical Society.

James Callahan said a Type I Action would most likely be a referral to the MRC for additional information, which could include referral to involved agencies. The involved agencies could include local agencies. Then a recommendation is forwarded to the Town Board. In most circumstances the process will take about 45 days.

Bob Lenz, 10531 Main St. is a member of the Clarence Hollow Association. He supports a strong demolition ordinance with severe penalties to act as a deterrent for not only historic preservation, but for protection of the character, streetscape and quality of life. In a survey conducted by the Hollow Association in 2002, 87% of the residents indicated that small town atmosphere and historic charm as the two most important aspects. There were 81% who felt historic buildings were economic assets.

Councilman Kolber asked what is the deterrent if something happens? James Callahan said the proposed amendment does not get into the penalty section. Councilman Bylewski said if someone demolished a building without a permit, there is a penalty section dealing with that. Town Attorney Steven Bengart said these are private properties and without any State designations, they have rights to do so as they choose with their property.

Councilman McPherson asked what happens if after the review, it is determined that historic significance exists? Mr. Bengart said he does not think it makes any difference. Councilman McPherson said we are going to force an applicant to pay for a Type I Action under SEQR and then nothing can be done about it. He just wonders if a law that has nothing to say is the proper way to encourage preservation. He does not know what we are accomplishing. James Callahan said it identifies if there is significance and then there is the opportunity to negotiate. Beyond that, if someone wants to pursue a demolition permit they can do it.

Councilman McPherson said for someone to participate in a preservation effort would have to be voluntary. The only alternative would be for the Town to step up and buy the property and do with it as they wish, it being their private property.

Councilman Bylewski said Amherst does have a preservation law and a neighbor can petition to have another neighbor’s property designated historic. There are a bunch of procedures that have to be followed. You can force an historic designation as long as the owner is reimbursed for that taking. This amendment buys the Town some time to consider what is going on. Someone else may be interested in the property or even the owner may realize the significance. There may also be the opportunity to purchase a part of the façade or something. He feels it provides something rather than nothing.

Councilman Weiss said this requires an awful lot of people spending time and effort to review something and then nothing can be done about it anyway. Councilman McPherson added that this all requires cooperation from the property owner. He thinks if the Town wanted to buy time for particular properties, it could be handled at the demolition permit level. It takes between 2 and 5 weeks to get a building permit for a house here. A demolition permit policy for structures built prior to 1950 would have to wait 45 days to give everyone the time to review it and come to some kind of agreement to preserve the property. Once again, absent the approval of the owner, where is the power?

Councilman Kolber said we have two issues, one being what we can legally do and what we should rightfully do. The other is what happens if they do not follow it. Steven Bengart said maybe there should be a more stringent penalty for demolition without a permit.

Councilman McPherson said if an owner registers a property for preservation and then sells it, then you have something to go on. Councilman Bylewski said we could amend our demolition law to have a 45-day waiting period and you would still have to send it out to the interested agencies. Councilman McPherson said it is just a waiting period. He thinks to require a Type I Action is intrusive.

Councilman Weiss asked who is notified if someone applies for a demolition permit? James Callahan said it goes through the building department. There is no notification process. Councilman McPherson said any preservation group could be on the list to receive permit applications and take whatever action is necessary.

Councilman Kolber said what perturbed him was the demolition of the building at Main and Shimerville and no one knew what was going on and then it was gone. He would like to see what other municipalities have done. It is a start.

Supervisor Hallock said this hearing is to discuss passing of this amendment. Councilman McPherson said he feels this is enough to send it back for review.

Phil Sgamma, 9920 Village Mill Lane is a member of the Clarence Hollow Association and suggested that maybe a demolition permit is something that just needs to come before the Town Board so people have a chance to comment. He also suggested making it buildings 50 years or older instead of a specific time. They are looking for a way to preserve historic buildings in the Clarence Hollow, Clarence Center, Swormville and Harris Hill areas.

Doug Larkin, 5170 Bank St. is Vice President of the Clarence Hollow Association. He feels this is a good start. We have come a long way with our streetscape. The next step is to encourage businesses to come in and not have everything torn down.

James Callahan said he received comment from Erie County Department of Environment and Planning, who recommended 50 years instead of imposing a date. Councilman Bylewski asked if changing the local law to 50 years is significant enough to require another public hearing to be held. Town Attorney Steven Bengart said it is not that significant of a change but to err on the side of caution he would hold another hearing.

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

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution: Be It Resolved that the Clarence Town Board hereby amends the Code of the Town of Clarence, Chapter 69, Section 1 by adopting Local Law No. 6 of the year 2004. This local law will become effective upon filing in the office of the New York State Secretary of State. On the question, Councilman Kolber asked if this is with the 1950 date or modification of 50 years? Councilman Bylewski said in light of the comments made, we pass the law as written. He believes that the momentum is picking up again regarding a preservation law. There would be a string of legislation made and we could amend this law at a future date. He believes it is a step in the right direction. Councilman Weiss said he will vote for it if we can have the corollaries of 45-day notification and adding the preservation committee to the notification list. Councilman McPherson said he is not in favor of enacting something that causes people to have to spend time and money on a Type I Action. He would much rather establish a waiting period for demolition of dwellings 50 years or older. It would be far simpler to add to our demolition policy than to pass a law that has no teeth to it other than the Type I Action that does nothing. He thinks there are much better ways to do this and he is not in favor of this law at all. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

Cingular Wireless requests a Special Exception Use Permit for construction of a new telecommunications tower at 7377 Transit Road. James Callahan said the property is located on the east side of Transit Road between Lapp and Wolcott consisting of approximately 2 acres in the Major Arterial Zone. The Master Plan identifies this area in the commercial classification. The site plan review and approval is required by the Planning Board.

Mark O’Connor, representative said it is in their best interest to find the proper site prior to the review process. The height of the proposed tower is 95 ft. and will be less obtrusive than a taller tower. He attempted to stay away from more residential areas. Councilman Kolber asked if this will be a collocation tower? Mr. O’Connor said usually they would require a higher tower for collocation.

Motion by Councilman McPherson, seconded by Councilman Kolber to refer the request by Cingular Wireless for a Special Exception Use Permit for construction of a new telecommunications tower at 7377 Transit Road to the Planning Board. On the question, Councilman Bylewski asked if this project is in compliance with the Master Plan? James Callahan said it is as long as it complies with the Satellite, Antenna and Tower Law. Councilman Bylewski said he would like to know the distance the pictures were taken in the photosynthesis of the proposed tower. He would like to see a propagation study for the other cellular providers in this area. There were various heights listed throughout the document submitted. Mr. O’Connor said that is probably a typo. Councilman Bylewski said this tower is capable of being broken down every 50 ft. Mr. O’Connor said that is correct. Councilman Bylewski asked how the merger with AT&T Wireless would affect this cell site location. Mr. O’Connor said that still has not closed. Supervisor Hallock said these items will be addressed in the review process by the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Susan Aronica requests a Change-in-Use from Residential to Veterinary Clinic at 6241 Transit Road. James Callahan said the location is the east side of Transit Road, south of the Peanut Line consisting of .34 acres in the Major Arterial Zone.

Susan Aronica said the front porch area will be converted into an enclosed vestibule with a ramp to the side. They are trying to keep the building as close to what it is now.

James Callahan said there is adequate parking to service that size of operation. Referral to the Town Engineer to ensure drainage is adequately addressed is in order.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant a Change-in-Use from Residential to Veterinary Clinic at 6241 Transit Road subject to landscape and engineering approvals. Upon roll call – Ayes: All; Noes: None. Motion carried.

Jim Bevilaqua requests Concept Plan Approval for development of a Commercial Park at 6465 Transit Road. James Callahan said the location is the east side of Transit Road between Old Post Road and Miles Road consisting of 5.5 acres in the Major Arterial and Commercial zones. The Master Plan identifies this area in the commercial classification.

Neal Kochis, Wm. Schutt & Associates said the project is proposed as mixed use for commercial and medical offices. It would include 6 buildings, one to north for retail and the other 5 for medical office use. The medical offices will be made available for purchase. The total square footage of all the buildings is 30,400 sq. ft. A single private access is proposed from Transit Road.

Councilman McPherson asked if there is a reason that the retail is set back and all of the parking is in front of it? The applicant said the purpose was to consolidate all of the parking in one area. They are attempting to obtain easements to the adjacent properties to alleviate having to go out onto Transit Road. The brick buildings will be designed the same except for the sizes. They hope to have a park-like area in the middle.

Councilman Bylewski asked if the project as proposed is in conflict with the Master Plan? James Callahan said no.

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for Concept Plan Approval for development of a Commercial Park at 6465 Transit Road to the Planning Board. On the question, Councilman Weiss asked Mr. Bevilaqua what his rate of occupancy is in the nearby plazas? Mr. Bevilaqua said it is 100%. Upon roll call – Ayes: All; Noes: None. Motion carried.

Michael Metzger requests Development Plan Approval for construction of a 10,000 sq. ft. Tae Kwon Do facility at 5921 Transit Road. James Callahan said the location is the east side of Transit Road, south of Clarence Center Road consisting of approximately 2.7 acres in the Major Arterial Zone.

Councilman Bylewski said his firm represents the applicant on the land purchase. He has not been working on it. However, to avoid the appearance of a conflict, he will not participate in the discussion or vote.

Michael Metzger, Metzger Civil Engineering and Master Chong were present. They have been through the process and received all necessary approvals.

Councilman Kolber said he welcomes the project, but we do not have a rendering to look at or know what it is made of. There are questions regarding the blank wall on the north side, which will have a visual impact.

Michael Metzger said with all due respect, they have submitted a complete set of plans to the Zoning Office and building plans to the Building Department. The façade is a scored split-faced block.

Councilman Weiss said they are talking about the blank stark wall. It is not architecturally appealing. Mr. Metzger said in response to comments made at the Planning Board meeting, they have met with the Landscape Committee twice for buffering. They are satisfied with what was proposed. Mr. Metzger said he does have the landscape plan. There is wetland vegetation to the north also. This has been through the reviews by the Town committees.

Motion by Councilman Kolber to table the request. Motion lost due to lack of a second.

Motion by Councilman McPherson, seconded by Supervisor Hallock to grant Development Plan Approval for construction of a 10,000 sq. ft. Tae Kwon Do facility at 5921 Transit Road pursuant to the recommendations of the Planning Board, the landscape plan and approval by the Landscape Committee and the conditions imposed by the Town Engineer with


the addition of the commercial open space fees. Upon roll call – Ayes: Councilman McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Recuse: Councilman Bylewski. Motion lost.

Supervisor Hallock asked the councilmen to talk to the committees that made the recommendation.

Councilman Kolber said there was concern raised regarding the wall. Mr. Metzger said it was put back in the hands of the Landscape Committee.

Master Chong said he is proud to be a part of the community and wants to make a project that Clarence is proud of. He is not here to get by with a cheap product. Supervisor Hallock asked if windows would be appropriate on that side to break it up. Councilman Weiss suggested columns or something to break it up.

Mr. Metzger said they could add some architectural columns, consistent with the front along with the landscaping to break it up. The layout of the interior is the backroom storage areas where you would not want windows.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant Development Plan Approval for construction of a 10,000 sq. ft. Tae Kwon Do facility at 5921 Transit Road pursuant to the recommendations of the Planning Board, the landscape plan and approval by the Landscape Committee with the addition of three architectural columns on the north side of the building and subject to open space fees. On the question, Councilman Weiss said we are not trying to hold up the project. Now that he has agreed to add the three columns, he has no problem with it. Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Dave Thomas requests a Building Permit and Architectural Approval for construction of a 3,120 sq. ft. addition to existing commercial facility at 9920 Main Street. James Callahan said the location is the north side of Main St., west of Kraus Rd. in the Commercial Zone. The Planning Board forwarded a recommendation for approval with conditions.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval for a Building Permit and Architectural Approval for construction of a 3,120 sq. ft. addition to existing commercial facility at 9920 Main Street, subject to Landscape Committee approval and commercial open space fee. On the question, Councilman Kolber said the neighbor is satisfied with the changes. (Elaine Dinola lives directly behind the proposed addition. She came tonight to see the landscape plan because she is very concerned how this will look. Supervisor Hallock said she could be involved with the review by the Landscape Committee and asked Mr. Reggentine to make sure they are notified.) Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Girls Swim Team – Sept. 22, 2004; B. Clarence High School Cheerleaders – Oct. 10, 2004; C. ROHA Inc. – Oct. 28, 2004; D. Clarence Welcome Wagon – 2 nd Wednesday each month, Mar 11 & Jun 9, 2005; E. Girl Scouts – June 5, Sept 12, 2005; and Legion Hall Applications – A. A. Girl Scouts – 1 st Monday each month of 2005; B. Swallow Creek Homeowners Association – Sept. 9, 2004; C. Kathie Gluszak – Sept. 30, 2004; and D. Gregg & Lynda Martinsen – Oct. 29, 2004. On the question, Councilman Bylewski said he is a member of Legion Hall item B., however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of September 9, 2004 are approved for payment: General Fund - $56,208.14; Highway Fund - $11,508.62; Water District - $33,938.17; Sewer Districts - $143.52; Capital Fund - $3,342.49; Aquatic Growth District - $934.40; Special Revenue Fund - $7,011.00; and Trust & Agency 203 - $4,596.68 for a total amount of $117,683.02. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Councilman Bylewski thanked everyone for the well wishes on the birth of his daughter.

James Blum, 5509 Martha’s Vineyard said what happened tonight indicates to him the pressing need to include the Landscape Law in the updates and to get a report to the Town Board before a decision is being made.

There being no further business, Supervisor Hallock adjourned the meeting at 9:06 P.M.

Nancy C. Metzger, Town Clerk