09/12/07


A Work Session of the Clarence Town Board was held on September 12, 2007, at Clarence Town Hall, One Town Place, Clarence, NY.

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

Director of Community Development – James Callahan

Public Hearings:

St. Mary's Church 6925 Transit Road
A Public Hearing is scheduled for 7.45 P.M. to consider a Special Exception Use Permit for a structure greater than 10,000 sq. feet in the Traditional Neighborhood District.

Louie's Car Clinic 9385 Main Street
A Public Hearing is scheduled for 7:50 P.M. to consider the request by Louie's Car Clinic for a Temporary Conditional Permit for vehicle sales display area at 9385 Main Street. Given there are other businesses along Main Street with vehicles displayed out front, Councilman Weiss does not want to penalize the applicant. He suggested giving him the parking spaces he requested as long as there are no flags or banners.

Formal agenda items:

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

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

North Forest Office Providers 6051 Transit Road
Applicant is proposing to develop a professional office complex. The proposed design will require a rezoning to accommodate office unites to the rear of the parcel. The proposed site is located on the east side of Transit Road, north of Clarence Center Road. The existing property contains 9.7 acres zoned Major Arterial along the frontage and Residential Single-Family to the rear. Current structures on the property include existing car wash and former pool sales building. Use along the front portion of the property is in conformance with zoning and master plan. Proposed development to the rear of the property will involve amendments to the Master Plan and Zoning Map.

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

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

Rubino Brothers – Shimerville and Clarence Center Road
Applicant is seeking preliminary concept review of a proposed open space design subdivision. The proposed site is located on the southwest corner of Clarence Center and Shimerville Road on existing vacant land consisting of 28+/- acres located in the Residential Zone. A previous review ended in a court appearance and the revised submittal is being reviewed as a settlement.

Essex Homes Shadow Woods – Goodrich Road
Applicant is seeking preliminary concept review of a proposed open space design development. The proposed site is located on the west side of Goodrich Road, north of Keller Road on existing vacant land consisting of 52+ acres in the Residential Single-Family zone within Sewer District #2. A previous review ended in a court appearance and the revised submittal is being reviewed as a settlement.

Dan Glushefski 8130 Goodrich Road
Applicant is proposing to split the Bed & Breakfast Use from the parent parcel and construct a pond on the parent parcel. The existing farmhouse recently approved for a Bread and Breakfast use via a Temporary Conditional Permit. Separate farmhouse (B&B) lot to meet minimum requirements in the Agriculture Flood Zone. The parent parcel includes 30+ acres. Engineering approval on the pond construction is required. A determination under SEQRA will be required as well.

Tom Kelkenberg 9390 Wolcott Road
Applicant is proposing to split the home from the parent parcel meeting all zoning requirements. The proposed site is located on the north side of Wolcott Road, west of Goodrich Road. The existing home is located on 20.1+/- acres and 388' of frontage in the Agriculture Flood Zone. A determination under SEQRA will be required.

Vincent Rizzo 9130 Sesh Road
Applicant is seeking approval to split the lot at 9130 Sesh Road and create an additional residential building lot. The proposed site is located on the north side of Sesh Road, west of Goodrich Road on 23.9+/- acres in the Agriculture Flood Zone. All zoning requirements are met. An action under SEQRA will be required.

Charles Gordon 5780 Kraus Road
Mr. Gordon alleges that prior work completed by Town of Clarence highway workers has diverted drainage and runoff onto his property causing erosion and is threatening to impact a very old oak tree. Mr. Gordon further alleges that his property floods regularly and making it less usable. Town Attorney Bengart has indicated that there may be a lawsuit as a result of this. Town Engineer Latona has visited the site. There is a difference of opinion as to whether the town bears any responsibility. The Highway Department has agreed to install some rip-wrap out by the road. Both Town Attorney Bengart and Town Engineer Latona have spoken to Mr. Gordon's attorney.

Work Session items:

Dunkin Donuts 9430 Main Street
Applicant is seeking to amend the previously approved concept plan to change the driveway configurations to eliminate the furthest west driveway and relocate the design to the existing furthest west curb cut for the Wilson Farms Convenience Store. The proposed site is located on the north side of Main Street, west of Goodrich Road. The previously approved concept was recommended after Planning Board and TEQR review and was coordinated with the conceptually approved design for an office building on the south side of Main Street.

Nathan Raupp 9265 Main Street
Applicant is proposing to relocate from existing operation located on Ransom Road near the Main Street intersection to the vacant garage to the rear of Curves for Women. The proposed site is located on the south side of Main Street, east of Thompson/Sheridan intersection. The existing commercial building (Curves for Women) contains 8+/- acres in the Commercial Zone. A public hearing will be required to consider the proposed use. Vehicle parking and storage are two areas of concern.

Lakeside Industrial Business Park – County Road west of Goodrich Road
Applicant is seeking to amend the previous approval to include a public road access off County Road. The project was previously approved with private roads. There is no benefit to a public road.

Lia Honda 4891-4917 Transit Road
Applicant is seeking permanent approval to expand the operation to former plaza and to add additions/renovations to existing building. The proposed site is located on the east side of Transit Road, north of Sheridan Drive. The existing automotive dealership is operating in expanded area via a Temporary Conditional Permit issued by the Town Board in 2006. A public hearing is required to consider a Special Exception Use Permit.

Mercedes-Benz of Buffalo 8185 Main Street
Applicant is seeking approval for additions/renovations to the existing commercial building. The proposed site is located on the south side of Main Street, east of Transit Road at existing automotive sales operation located on 2.85 acres in the Commercial Zone. Per the Zoning Law, the Town Board has authority to approve building permits and approve commercial structures as to functional plan and architectural style.

Jack Willert – Stage Road
Applicant is proposing to add one additional lot for a single-family home on 17.5 acres. The proposed site is located on Stage Road near the border of the Town of Newstead. An existing minor subdivision application was approved last year in the same area. The Planning Board has forwarded a recommendation to allow the split utilizing the variance procedures to identify that the lot is unique and that no further splits can occur on this 17.5 acre parcel. The Planning Board has also forwarded a recommendation to issue a Negative Declaration under SEQRA on the Unlisted Action. The Planning Board recommendation is not to proceed with the previously referred Open Development Area as this would require numerous variances and would allow for additional lot splits in the future. Any future splits of the parent parcel will require formal review/approval, including SEQRA.

Staybridge Suites Hotel – 8005 Sheridan Drive
Applicant is proposing to construct a new 50,000+ square foot hotel. The proposed site is located on the southeast corner of Transit Road and Sheridan Drive in the location of the current vacant hotel which is located on 6+ acres in the Major Arterial Zone. Because of the size of this project, it will require a Special Exception Use permit. There is concern regarding traffic.

Eric Ogren 6051 Transit Road
Applicant is proposing a Change in Use from vacant to retail store. The proposed site is located on the east side of Transit Road, north of Clarence Center Road. The existing vacant structure (former Beauty Pools) is located in the Major Arterial Zone. Parking in front of the store is being proposed. No changes are proposed to the architectural style of the building.

Supervisor Kathleen Hallock

The Assessor's Administration seminar was briefly discussed last week. Linda Hirtreiter had previously been scheduled for training at the same time. It is the consensus of the Assessor's staff that Linda will go to her seminar. Al Weber felt that other administration seminars will be offered at a later date.

Supervisor Hallock will make a motion approving the revisions to the Transactional Statement of Disclosure Form.

Supervisor Hallock will make a motion to appoint First Niagara Benefits Consulting to provide Actuarial Consulting services to the Town per their proposal submitted August 13, 2007.

Supervisor Hallock will make an appointment to the position of Clerk Typist in the Highway Department.

The Bicentennial Committee met last night, it was mentioned that the committee would like to put up Bicentennial signs at the Town Hall and the Historical Museum. The signs would be similar to size of realtor for sale signs. The Historical Society has already approved placement at their building.

The Recreation Advisory Committee discussed Clarence Little League Football. Paul LoVullo will attend the next RAC meeting scheduled for October 9th. The recommendation of the RAC was to pursue the Master Plan for the Heise Road property.

FEMA is still exploring stump grinding reimbursement. After last weeks meeting, Parks Crew Chief John Burns said he is painting the stumps in the park that are not currently covered.

NYS Office of Real Property representative Patty Volvo has offered meet with the Board to discuss the Assessor's position. The Assessor's position is a Civil Service position. Supervisor Hallock stated that the Board will also be meeting with the Assessor's office as well as GAR.

People of Praise have requested use of the Large Pavilion for a picnic. As part of their picnic they are planning some activities for which they are seeking Town Board approval:

  • Youth group sleepover the night before (October 12, 2007) to setup
  • They want to have an 18" x 24" fire for authentic cooking purposes only. They will carefully remove the sod before making the fire and then replace it when finished.
  • They are requesting to do an artillery demonstration. Powder blast only and no bullets
  • They wish to utilize the tree line near the baseball diamond to station a few soldiers to do re-enactments.

The Town Board was not in favor of this request. In the past, our Town Historian has arranged black powder re-enactments which were open to all town residents. Councilman Casilio suggested the WNY Event Center as a possible location.

Supervisor Hallock has a list of computer equipment that is no longer needed for Town purposes and will be declared surplus. Some of the equipment will be donated to Autistic Services. Councilman Kolber suggested posting a listing of equipment being declared surplus and if anyone on the outside is interested such as the Historical Society, they could make use of the equipment. Supervisor Hallock suggested the Historical Society submit a "needs" list. Steve Flaminio looked over the equipment to see if it was worth keeping before it was declared surplus most of it is obsolete equipment.

John Burns, Ted Donner and Supervisor Hallock met with the Re-Tree representatives on Monday. Re-Tree expects to place a total of 6,000 new trees in WNY within the next few years. Clarence will receive 60 more trees for a fall planting to occur in November. A letter of acceptance that the Town of Clarence agrees to partner with Re-Tree will be sent. Councilman Weiss will forward the information to the Conservation Advisory Committee.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski received notification from Time Warner regarding their position on the NFL network.

Councilman Bylewski distributed copies of the site plans for the work that is taking place at Millard Fillmore Suburban Hospital.

Al Festaiuti is holding a self-defense class at Clarence High School. This may be of some interest to the bike path volunteers. The classes begin October 9th.

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

Eastern Hills Mall is having their emergency preparedness meeting on October 10th.

Councilman Bylewski reminded everyone that the Public Safety Committee is holding volunteer training on September 24th.

Councilman Bylewski received the August 2007 Operations Report from Amherst Central Fire Alarm.

Councilman Bylewski has a resolution accepting a Supplemental Draft Environmental Impact Statement for the proposed Spaulding Green Subdivision to allow for public comment. There have been a number of issues that have come up regarding traffic and how to mitigate it.

The Board received a letter regarding 6132 Railroad Street. Senior Building Inspector David Metzger has sent an enforcement letter; the next step will be a citation.

The Town has received a $5,000 grant through Preserve NYS to go ahead with the intensive level survey.

Director of Community Development James Callahan is requesting Town Board approval to attend the NY Planning Federation Annual Conference held in Saratoga Springs, NY from October 7th – October 9th.

Councilman Bylewski will make a motion authorizing Kasprzak & Klotzbach architects to prepare required detailed building permit drawings for the Youth Bureau building at 10510 Main Street.

Councilman Bylewski has an item for Executive Session regarding matters leading to the appointment of individuals.

Councilman Joseph Weiss

Upon recommendation of Highway Superintendent Ted Donner, the bid for the John Deer Excavator will be awarded to Five Star Equipment.

Highway Superintendent Ted Donner is requesting several town vehicles be declared surplus.

Highway Superintendent Ted Donner is requesting a budget transfer of $100,000. from Road Account Personal Services to Snow Account Personal Services.

Councilman Weiss attended the Conservation Advisory meeting and several comments were brought up about installing a well for the arboretum. The Conservation Committee unanimously agreed that a well should be dug. This will have to be put in next year's budget at a cost of $7,000.

There was a discussion regarding the paintings from the Clubhouse and the Rolfs Clock. The town does not have the wherewithal to properly maintain the paintings. Town Attorney Bengart will research this further.

Councilman Bernard Kolber

Councilman Kolber will make a motion authorizing the Supervisor to sign an agreement between the Town of Clarence and Muni Trax for credit card use for payment of taxes only.

Councilman Kolber will announce that there are openings on the Historical Society Board of Directors; they are looking for three active members.

The porch area to the Historical Museum is very slippery in the winter time. They are requesting that the Parks Department put grit in the paint when they paint the porch so it will minimize slippage. Town Engineer Latona stated that a gutter has been installed to divert the water run-off however; he will take a look another look at it.

Councilman Kolber stated that the roof is still leaking at the Historical Museum. Town Engineer Latona stated that he has looked at it and he does not think the roof is leaking; it may be condensation from the air conditioning unit. He is monitoring the situation.

The Historical Society is working on various displays for the Bicentennial, they would also like to work on a "Then and Now" column for the Clarence Bee.

Councilman Kolber contacted the Department of Transportation regarding the cost figures for a roundabout vs. a signal at Greiner and Shimerville Road. The state budgets $100,000 for a traffic light, this does not include any road work and a roundabout costs approximately $900,000.

Councilman Kolber contacted the School Board regarding agenda items for the joint meeting scheduled for September 24, 2007. The School Board will make up the agenda.

Councilman Kolber received a complaint regarding the signal at Thompson and Main. The light for Walgreens and Thompson Road are signaled for the same time, there have been some near miss accidents. Town Engineer Latona will contact the NYS DOT.

Councilman Kolber has received several requests regarding a 4-way stop sign at Thompson Road and Greiner Road. Councilman Casilio stated that it has been requested from the County numerous times.

Councilman Patrick Casilio

Winterfest has been scheduled for February 10, 2008 at Clarence Town Park.

Councilman Casilio will announce a fundraiser sponsored by the Clarence Hollow Association - Wines, Wheels and Song on September 21, 2007 at the WNY Event Center.

Councilman Casilio spoke to Senior Building Inspector David Metzger regarding an upgrade to the Senior Center alarm system.

The RFP for the video camera system will be released September 19th.

Councilman Casilio has three resolutions pertaining to the sidewalks in Clarence Center and Harris Hill.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to §105 (1) E Collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law); §105 (1) F matters leading to the appointment of particular persons, the employment history of a corporation and matters leading to the appointments of individuals; § 105(1) H the proposed sale of real property. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:15 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:30 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 12, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Pledge to the flag was led by Councilman Bernard Kolber, followed by a prayer given by Barbara Kautz of the First Presbyterian Church.

Supervisor Hallock asked for a moment of silence for our Assessor David Folger, who passed away suddenly last week. He served the Town for the last 20 years. She asked that we contemplate Mr. Folger and the victims of September 11, 2001.

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

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held August 1, 2007. On the question, Supervisor Hallock had a correction on page 291, "…spoke with representatives from the May Company." The May Company is not in favor of a public road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held August 22, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held September 5, 2007. On the question, Supervisor Hallock said on page 328, "The Work Session adjourned at 10:02 A.M." should be deleted. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski that the Clarence Town Board hereby approves the revisions to the Transactional Statement of Disclosure Form (Attachment B to the Town of Clarence Ethics Code) as submitted by the Clarence Ethics Board dated June 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint First Niagara Benefits Consulting to provide Actuarial Consulting Services to the Town as per the proposal submitted and dated August 13, 2007. On the question, Councilman Bylewski said this is for the GASB 45 actuarial services. Supervisor Hallock added that municipalities have to account for other post employment benefits beginning next year. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Casilio to appoint Diane Chalmers to the position of Clerk Typist in the Highway Department effective as of September 24, 2007 at the rate of pay per the White Collar Union Contract. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to declare the attached list of computer equipment no longer needed for Town purposes as surplus and pursuant to the New York State General Municipal Law section 104-c, dispose of said equipment through donations to a deserving entity or entities and/or offer said surplus equipment for sale. All remaining equipment will be disposed of accordingly as set forth by any state or local laws and/or rules and regulations. (See attachment) On the question, Supervisor Hallock said the equipment is available to look at in the Town Hall on Monday. If anyone has any questions, they can see her secretary. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said it is our practice to announce any motions that were made at work sessions. At the morning work session held September 5, 2007, the following motions were approved:

  • A public hearing was set for September 26, 2007 at 7:50 P.M. for the Town to consider making application to Restore New York Funding from Empire State Development for grant funding for the Roll Road Commerce Park area.
  • Highway Dept. 1994 pickup truck was declared as surplus.
  • A one year extension on residency requirement was granted to David Burke.

Supervisor Hallock announced that way finder signs and mile marker signs were recently installed on the West Shore Line bike path and donated by someone who wishes to remain anonymous. This was a recommendation included in the Public Safety Assessment and the Draft Parks and Recreation Master Plan.

Motion by Councilman Bylewski, seconded by Councilman Casilio that the Town of Clarence prefer charges pursuant to §75 of the Civil Service Law regarding two individuals. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we received a communication from Time Warner Cable dated August 21, 2007 stating their position with the NFL network and their continuing negotiations.

Councilman Bylewski announced that Al Festaiuti will conduct a Self Defense Class through the Clarence Central School District beginning October 9th. For more information you should contact the School District.

Councilman Bylewski announced that the Public Safety Committee is holding volunteer training on Monday, September 24, 2007 at 7:00 P.M. If anyone is interested, there is an application specifically for public safety volunteers that do involve a background check.

Councilman Bylewski received the August 2007 Operations Report from Amherst Central Fire Alarm. Town of Clarence fire companies responded to the following: Miscellaneous Fires – 8; EMS Calls – 107; Motor Vehicle Accidents – 20; and Miscellaneous Calls – 39 for a total of 174 alarms.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Town of Clarence has received a Supplemental Draft Environmental Impact Statement (SDEIS) for the proposed Spaulding Green Subdivision, and
          WHEREAS, the Town Environmental Quality Review Committee (TEQR) has reviewed the document for its completeness regarding the terms of the Public Scoping items to be addressed by it, and
          WHEREAS, the TEQR Committee at their July 16, 2007 meeting did recommend that the document addressed all of the issues outlined in the public scoping session,
          NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Clarence accepts the SDEIS for the Spaulding Green Subdivision as complete and will begin the public review process. The Spaulding Green Subdivision preferred alternative includes 380 units of single-family housing in a mix of 64 town homes, 62 patio homes and 254 standard lots development. The project applicant is proposing to utilize the Town's Open Space Design Development Overlay to protect 209 acres of land in perpetuity in exchange for reduced lot sizes.
          On the question, Councilman Bylewski said there is still an issue regarding traffic and in particular traffic mitigation. It was felt that further review will be done as part of the review of the accepted Supplemental Draft Environmental Impact Statement.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that we have been notified of the award of a $5,000 grant for the Preserve New York Grant Program to help us do the intensive level survey for historic preservation.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission for Director of Community Development James Callahan to attend the New York Planning Federation Annual Conference October 7 – 9, 2007 in Saratoga Springs with use of a Town vehicle and reasonable and necessary expenses paid by the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize Kasprzak and Klotzbach Architects to prepare required detailed building permit drawings for the Youth Bureau Building at 10510 Main Street for a fee not to exceed $6,300 to be paid from account A7310.433. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to award the bid for the John Deer Excavator for the Highway Department to Five Star Equipment, being the lowest responsible bidder with their bid of $160,020. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation by Highway Supt. Ted Donner, the following vehicles are declared as surplus and will be sold: T-11, 2004 Ford Taurus Vin#FAFP52U34A178218; T-14, 2003 Chevy Malibu Vin#1G1ND52J83M650651; T-17, 2003 Chevy Malibu Vin#1GIND52J33M649942; T-7, 2003 Ford Escape Vin#FMYU921X3KC68284; and Highway equipment: H-56, 1994 Kato Excavator HD7S#V7009400. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation by Highway Supt. Ted Donner, the following transfer of funds is approved: $100,000 from 002.5110.0100 Road Account Personal Services to 002.5042.0100 Snow Account Personal Services. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said the Conservation Advisory Committee has another gentleman willing to head up the deer abatement program. If anyone is having a problem with deer, they can submit their requests to the Town. They are still in the same situation with the DEC and hope to get the permits earlier this year.

Councilman Weiss said the Town is going to put a well in to bring water into the ponds in the arboretum. It was an especially dry year and many ponds in Town are low. The problem is we stocked the ponds with fish and we cannot run the fountains. The well will help with the watering of the trees also.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize the Supervisor to sign an Agreement between the Town of Clarence and MuniTrax for credit card use for payment of taxes only. On the question, Supervisor Hallock said this is being done at the request of the Town Clerk. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said the Clarence Historical Society has three openings on their Board of Directors for anyone interested.

Councilman Kolber said the Bicentennial Committee is putting up signs around the Town regarding historical locations. They are also working on various displays. They would also like to work on a "Then and Now" column for the Clarence Bee.

Councilman Kolber announced that there is a joint meeting of the Town Board and the School Board set for September 24, 2007 to find ways to work together on similar issues.

Councilman Kolber said he has received several requests regarding a 4-way stop at Thompson Road and Greiner Road. Another issue is the light at Thompson and Main with the traffic light now including the Walgreens site.

Councilman Casilio announced that the public safety vehicle is now in service. It is used to patrol the bike paths and parks.

Councilman Casilio said Karen Jurek and Steve Flaminio have been helping him work on an RFP for the video camera system. They will be sending the RFP out by September 19th and due back by October 3, 2007.

Councilman Casilio said he will have to reschedule the meeting with NYSEG to discuss street lights and power outages in the Town.

Councilman Casilio said the Youth Bureau and the Chamber of Commerce are working on the Winterfest event scheduled for February 10, 2008 from 12 to 6 P.M. Councilman Casilio announced that the Clarence Hollow Association is having a fundraiser, "Wine Wheels and Song" on September 21st at the Western New York Event Center to help fund the camera system for our bike trails.

Councilman Casilio said the sidewalks in Clarence Center and Harris Hill have been completed. He thanks the Town Engineer for getting that done.

Motion by Councilman Casilio, seconded by Councilman Bylewski to approve the transfer of $6,677.66 from account A1440.434 to Project 88 Sidewalks. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Kolber to approve Change Order No. 1 in the amount of $27,915.66 for Sicilia Construction Inc. for the Sidewalk Project. On the question, Town Engineer Joseph Latona said the purpose for the change order was to put in double the amount of sidewalks as originally planned for the same amount of money set for this project. Councilman Casilio added that 446 feet of sidewalks were installed in Clarence Center, and 981 feet in Harris Hill. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Kolber to authorize final payment of $35,441.11 to Sicilia Construction Company, Inc. for the sidewalks in Clarence Center and Harris Hill to be paid from account Project 88. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Kolber to authorize the Supervisor to sign a Joint Funding Agreement with the Town of Amherst for the operation and maintenance of the gauging stations with telemetry at Tonawanda Creek at the Rapids Road bridge for the term of October 1, 2007 to September 30, 2008 with the Town of Clarence share not to exceed the amount of $1,850. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Kolber to adopt the following resolution:
          WHEREAS, Article X of the Public Service Law provides a streamlined siting permit procedure for certain power generation facilities and the law expired December 31, 2002; and
          WHEREAS, since January 1, 2003, power generation facilities have been sited via local zoning and state DEC review; and
          WHEREAS, there is currently a proposal by Governor Spitzer before the Legislature to renew and revise Article X of the Public Service Law that would also include the siting of windmills; and
          WHEREAS, this inclusion essentially eliminates local zoning control over windmills and has an impact on community host payments; and
          WHEREAS, the Town of Clarence, along with numerous municipalities throughout New York State, has undergone considerable time and expense to develop and implement windmill siting policies that best fits our community.
          NOW, THEREFORE, BE IT
          RESOLVED, that the Town Board of the Town of Clarence is opposed to any inclusion of the siting of windmills in Article X of the Public Service Law as it removes local control of our landscape and violates the principles of Home Rule that has been the guiding force of our state; and be it further
          RESOLVED, that the Town Board of the Town of Clarence encourages any revision of Article X to address health and environmental issues for those who live and work near power generation facilities: and be it further
          RESOLVED, that the Town Clerk forward certified copies of this resolution to Governor Eliot Spitzer, the Western New York Delegation, the Town Supervisors and City and Village Mayors of Erie County.
          On the question, Councilman Bylewski said he understands that our local law regarding cell towers also covers windmills. Mr. Callahan said that is correct.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Public Announcements

Town Clerk Nancy Metzger announced that the school tax bills will be going out next week and payment is due October 15th. Supervisor Hallock added that the penalties added the first day are 7.5%.

A Public Hearing was held to consider the request by St. Mary's Church for a Special Exception Use Permit for a structure greater than 10,000 sq. ft. in the Traditional Neighborhood District at 6925 Transit Road.
          Supervisor Hallock asked that due to the amount of people wishing to speak, comments are limited to three minutes per person.
          James Callahan said the location is the southeast corner of Stahley and Transit Roads consisting of an existing church on 10+ acres in the Swormville Traditional Neighborhood District. The applicant is proposing development of a new worship hall larger than 10,000 sq. ft. Per the Zoning Law, a structure greater than 10,000 sq. ft. in a TND will require a Special Exception Use Permit.
          John Dunbar, St. Mary's Executive Committee and Sean Reilly, Kerns Group were present. Mr. Dunbar said the current church lacks the capacity, modern amenities and public safety for the 2,400 families that St. Mary's has grown to today. The criteria identified for a new church included 1,000 seat capacity, maintain warmth and intimacy of current church, respect the traditional design of Swormville, minimize impact to the neighbors, significantly improve the amenities and public safety, and in doing this being fiscally responsible.
          Mr. Dunbar said that since they were here last they have produced renderings which significantly enhance the presentation to show what it will look like. They have staked the property out and gave a tour of the site for the Town Board. The placement of the new church was chosen to be the heart of the new campus and not as an add-on. Several parking areas are provided in close proximity.
          They met with the Stahley Road neighbors last week and the three main issues they had were traffic, drainage and parking. The church is equally concerned about traffic and has installed stop signs for those leaving the property. Drainage has been an issue for many years and they intend to significantly improve that problem. They are trying to provide as much parking on the site as possible to keep people from parking across Transit Road.
          Sean Reilly an architect with the Kerns Group said they began the design of St. Mary's with an analysis of the site, the surrounding area and the needs of the parish. The committee wanted seating for 1,000 people as close to the alter as possible. The new church is located in a space that is close to parking while providing a center of the campus and aligns with the steeple of the existing church. The sanctuary is 12,000 sq ft., 3,500 sq. ft. commons building for gathering and restrooms and a 1,000 sq. ft. link. Materials were chosen to match the existing buildings. Brick designs and the stone base will reflect the existing church.
          Mr. Dunbar said they did further analysis on the traffic on Stahley Road. There are 2,200 cars traveling on Monday thru Friday on Stahley Road. All masses together at full capacity represent less than twice that amount. The majority of traffic issues tend to be during the week. They propose a traffic orientation program for the parish, the school and the neighbors to work together on the traffic flow. In addition, they will conduct a 3-month trial to determine where there are bottlenecks to make the traffic flow safer. They feel they have addressed the issues identified by the Planning Board and ask for approval here tonight.
          Councilman Bylewski said there are concerns regarding a Special Exception Use Permit and various items that have to be addressed including providing pedestrian connections, building façade and parking accommodations on site. He asked if the applicant felt they have addressed those issues. Mr. Dunbar said yes he does.
          Supervisor Hallock said there was a statement that the stakes had been moved since the Town Board visited the site. Mr. Dunbar said not to his knowledge. He saw them in the same place today. There was concern from the neighbors on Stahley Road as to where the headlights would direct. They have told the architect that it is the intent to have them shine into the woods. Nothing has changed.

Speaking to the subject:
          Barbara Hayes said she has attended St. Mary's since 1978. She is hopeful that the design will allow handicap people to be able to sit with their families during services. There is also a need for better restroom access. It seems as though the distance issues have been addressed. She believes there will be places with enough room where people with handicaps can participate along with their families.

Michele Dryer and her family have been members for 10 years. It is a great church for people with young families. However, the facilities are not adequate. The pews are very narrow, and access to the restrooms is from the outside of the church. She believes the new church will encourage a better atmosphere and a better spiritual experience.

Kimberly said she works with the young teens of the parish. The new addition will provide more space for teen activities. She believes more teens will be drawn to the new church and will then continue to participate in the activities. Leaders that they will be building at St. Mary's will be able to go into the community and use those skills as well. It will encourage pride in the community that they will become a part of.

Ed Burkard said he is fifth generation as a member of St. Mary's. His ancestors helped build the original church in the 1860's. This church had much to do with setting the character of the Swormville area. He believes we all have the responsibility to teach and educate the members of the church and school. As the Town grows, the church must grow to meet the needs. The Town has grown immensely since he was a child. They have spent many years planning.

Melissa Thore lives across from the proposed entrance/exit on Stahley Road. She was invited to the meeting with the Executive Board of St. Mary's and she is cautiously optimistic about continued communication. She asked that the Town Board continue to look at the traffic impact on Stahley Road on a daily basis. The primary issues of the neighbors are the parking and traffic.

Ronald Young, President of St. Mary's Council said his family has been members for 11 years. He is in favor of the proposed new building to enhance the safety. Many parishioners park across Transit Road. St. Mary's lost one parishioner in the 1980's. Providing more parking within the campus will help improve safety. The architects have taken great care to enhance safety of the worship space by adding additional emergency exits. Access to the restrooms inside the church will reduce the potential for slip and fall situations and help the church comply with ADA regulations. They have a strong concern for the residents of Stahley Road and believe they can help with the situation.

Rene Fregeau attends 8th grade at St. Mary's School. She believes a new church will improve the future of St. Mary's. Right now the school is not connected to the church. Large events must be held in the gym creating schedule changes or no physical education classes. Connecting the buildings and including the restrooms will provide a safer environment. She asked that the Town Board plan and realize the importance of St. Mary's for future generations.

William Casilio, Jr. said he was married in St. Mary's and his children were baptized there. He also lives on Stahley Road. Anyone who purchases a home on Stahley must realize it is a thoroughfare to Transit Road and is a fairly busy street during the morning and afternoon rush hours. There has been tremendous growth along Transit Road in the East Amherst area. The church is growing just like the area.

Jeriangela Dinino said she lives right across from the proposed driveway where headlights will shine into her living room window. No one has a problem with the church being built. The problem is the safety of Stahley Road. It is very dangerous on that curve in the winter and she does not want to see anyone getting hurt. Another suggestion was hiring police officers to direct traffic. There should be a traffic light at Stahley and County.

Kathleen Daigler has been a member at St. Mary's since 1959 and her ancestors also help build the original church. They have seen the change in the Town and have not always been happy with it. She realizes the importance of the church. They have never complained about the drainage issues or anything else. She would like assurance from the Town that the drainage will be taken care of and the berm will be put in along the back of her driveway. She is not happy to hear that school buses will be coming in front of and behind her house for the rest of her life. Everyone who lives on the curve has had accidents end up in their yard. The neighbors have not asked anything of the church, but now they are asking for safety.

Lou Visone said he has Nativity Church near him and on Sundays it may take 10 minutes to get off his side street onto Harris Hill Road. He is thankful that so many people came out to worship. People should be ashamed to even think of stopping a church expansion. The people are not there to create safety issues, they are there to worship. He believes that if people were working harder to keep churches open, the children may have a better chance at growing up straight and true.

Mr. Dunbar said they will have the engineers working along with the Town Engineer to alleviate the drainage problems on the site. The earth berm is in the budget and they welcome the neighbors to work with them in the selection of the trees.

Mike Thor said the speed limit is 35 mph and at the bend is 30 mph. The problem is no one goes 30. The issues are the placement of the driveway and safety.

Jim Fregeau said they looked throughout the area for a home. The church is a key aspect of his children's education. They have to go outside to get to the bathroom. They ask that it is approved. Someday they may be sitting on the Board making these decisions. It is important for their academic and spiritual strength.

Councilman Bylewski said there were emails that went out with information that he would like to mention as part of the public hearing. One item was the size in relation to other buildings in the area.
          Mr. Dunbar said the entire building is about 17,000 sq. ft. made up of the sanctuary of a little over 12,000 sq. ft., 3,400 sq. ft. for the commons and 1,200 sq. ft. for the connector. The school and parish center are about 49,000 sq. ft. in total. The fire hall is about 19,000 sq. ft. Walgreens is about 14,000 sq. ft.
          Councilman Bylewski said the architectural features were compared to others in Swormville. Mr. Dunbar said comparisons were the cupola on the convent, bricks on the school and existing church. There is a very eclectic mix in the area.
          Councilman Casilio said he can understand that after 150 years they need a new church. He could not believe that they had to go outside of the church to get to the restrooms.
          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 Casilio to adopt the following resolution:
          RESOLVED, that the Clarence Town Board, after a public hearing duly held on September 12, 2007 and after all interested parties having been heard, grants the request of the applicant St. Mary's Church. for a Special Exception Use Permit for the construction of a structure greater than 10,000 sq. ft. for Church expansion subject to the following conditions:
          1. Crossing guard to be provided for weekend and Holiday Masses.
          2. Building Permit Fees.
          3. Berm development between the church property and the Daigler property.
          On the question, Councilman Bylewski asked when the landscaping approvals would come into this project. James Callahan said during Development Plan Approval once the engineering plans are submitted.
          Councilman Kolber said his reasons for putting this forward are that St. Mary's has been there for 150 years and they obviously need a new facility. They have more than adequate space and could not ask them to move to another location. There are traffic, safety and consideration of the neighbors issues that he feels can be worked through.
          Councilman Bylewski asked the applicant to have something worked out with regard to traffic flow if they come back for Development Plan Approval. It is a big concern for everybody. We can ask the County to take another look at the traffic on Stahley Road.
          Councilman Casilio said the parishioners are there now and they may gain some but the traffic is there now.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request by Louie's Car Clinic for a Temporary Conditional Permit for vehicle sales display area at 9385 Main Street. James Callahan said the property is located on the south side of Main Street west of Goodrich Road consists of just under one acre in the Commercial Zone.
          Paul Cambria and Joe Rabino were present. Mr. Cambria said he purchased this property to improve it and have it be a contribution to the community. They originally asked for an additional 6 spaces in the front to have vehicles for sale, but he will modify that request to an additional four. That will allow for three spaces on each side of the front of the property. He suggested that, if granted, they grant the additional four spaces for six months to allow them to come back and see if there are any problems. He feels this is a reasonable approach.
          Councilman Weiss said he has no problem with three cars on each side. His concern was the banners or things hanging off the antennas. Mr. Rabino said he does not have to have those. He would just like to have writing on the windows depicting what cars are for sale.
          Councilman Bylewski said they would not like to see hoods up other than customers looking at them.
          Councilman Kolber said he does not want to see all used car sales along Main Street and how do we expect to tell the next person no.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on September 12, 2007, and after all interested parties being heard, grants a Temporary Conditional Permit to the applicant, Louie's Car Clinic, for an automotive sales and display operation at 9385 Main Street subject to the following conditions:
          1. Display of six cars in total for display in the front of the business.
          2. No additional displays.
          3. No banners.
          4. Striping.
          5. No rental trucks displayed in front of building.
          6. Temporary Conditional permit is for six months.
          On the question, there was further discussion regarding the conditions and agreed upon as written.
          Upon roll call – Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Stoneledge Estates requests an Amendment to previously approved Open Development Area at 5115 Kraus Road. James Callahan said the location is the east side of Kraus Road south of Greiner Road consisting of approximately 23 acres zoned Residential Single Family. The applicant received approval in 2005 and is not seeking an amendment to adjust parcel lines.
          Sean Hopkins, Attorney and Kathy DeRose were present. Mr. Hopkins said they have had a request for a home being built along the frontage. It is a minor amendment to allow parcel 4 with frontage on the roadway that was previously installed. All lots comply with the Zoning Code.
          Councilman Bylewski asked if the homeowner's agreement was filed and if it would have to be modified. Sean Hopkins said it was filed and probably will have to be amended.
          Councilman Casilio said he would like to make sure that they realize this is the end of this development. Sean Hopkins said yes, any further development of the site would trigger a major subdivision.
          Motion by Councilman Casilio, seconded by Councilman Kolber to grant approval for an Amendment to previously approved Open Development Area at 5115 Kraus Road for Stoneledge Estates as described, subject to all prior conditions and approvals and submission of an amended homeowner's agreement if required. Upon roll call – Ayes: All; Noes: None. Motion carried.

Don Braunscheidel requests a Public Hearing to consider a Temporary Conditional Permit for an expanded home occupation at 8249 Wolcott Road. James Callahan said the property is located on the south side of Wolcott east of Transit Road consisting of 3.7 acres in the Agricultural Flood Zone. The applicant was unable to be here, but asked that the hearing be set.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing Date for Oct. 10, 2007 at 7:50 P.M. to consider the request for a Temporary Conditional Permit for an expanded home occupation at 8249 Wolcott Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

North Forest Office Providers requests Preliminary Concept Review of a proposed professional office complex at 6051 Transit Road. James Callahan said the location is the east side of Transit Road north of Clarence Center Road consisting of approximately 9.7 acres in the Major Arterial Zone with Residential Single Family to the rear.
          Roy Jordan said they are hoping to get concept approval for two buildings in the front in the Major Arterial Zone. He understands that under SEQR, the Town must look at the parcel as a whole to avoid segmentation issues. They would like to start through the process to see if they have a viable project before they ask for rezoning of the rear portion. The same issues will come up if they go for the rezoning in the site review process, but nothing would be resolved.
          Councilman Kolber said we cannot give a project concept approval if it is in violation of our zoning laws.
          Town Attorney Steven Bengart said there is not a simple answer here.
          Councilman Bylewski asked if this project requires approval for the entire site to fly or could it go forward with the two front buildings. Mr. Jordan said the entire parcel. He is willing to risk the money to get started on the review to resolve the issues he sees coming. He understands that if they cannot be resolved that he will abandon the project.
          Town Attorney Bengart said the problem he sees is the Planning Board doing a lot of work on a project that may not fly.
          Mr. Jordan said he would be willing to pay for additional fees, as he is aware the Town is looking to adjust the fee schedule, even if it is retroactive.
          Upon further discussion, it was determined that the request should be tabled.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to table the request by North Forest Office Providers for Preliminary Concept Review of a proposed professional office complex at 6051 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Gold Seal Equity requests Preliminary Concept Review of a proposed professional office building at 8750 Sheridan Drive. James Callahan said the location is on the north side Sheridan Drive, east of Wenner Road consisting of approximately 1.7 acres in the Restricted Business Zone.
          Ralph Lorigo was present on behalf of the applicant. They propose a one-story 12,000 sq. ft. brick office building. It would be similar in style to the daycare building next door. They meet the requirements of the zoning code. The building is for one tenant to use as an office setting. There would be no entrance to Wenner Road and a 25 ft. buffer area left at the rear.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request by Gold Seal Equity for Preliminary Concept Review of a proposed professional office building at 8750 Sheridan Drive to the Planning Board for review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mike Hoehman requests a Public Hearing to consider a Temporary Conditional Permit for an automotive repair shop at 8310 Goodrich Road. James Callahan said the location is the west side of Goodrich Road north of Sesh Road consisting of approximately 28 acres in the Agricultural Flood Zone.
          Mike Hoehman said he currently has a shop on Lapp Road and would like to relocate to this site. They would live in the house and have the shop. The current owner has been cleaning up the property. He would have about 3 to 5 vehicles that could possibly be there overnight.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing Date for October 10, 2007 at 7:55 P.M. to consider the request for a Temporary Conditional Permit for an automotive repair shop at 8310 Goodrich Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Ranchview LLC requests Preliminary Concept Review of a proposed Open Space Design Subdivision at the corner of Shimerville and Clarence Center Roads. James Callahan said the location is the southwest corner of Shimerville and Clarence Center Roads consisting of approximately 28 acres zoned Residential Single Family.
          Jeff Palumbo of Damon and Morey representing the applicant said they are asking for referral to the Planning Board. The Board has seen several layouts over the last few years.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by Ranchview LLC for Preliminary Concept Review of a proposed Open Space Design Subdivision at the corner of Shimerville and Clarence Center Roads to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Essex Homes – Shadow Woods requests Preliminary Concept Review of a proposed Open Space Design Subdivision at 6450 Goodrich Road. James Callahan said the location is on the west side of Goodrich Road north of Keller Road consisting of approximately 52 acres zoned Residential Single Family and within Clarence Sewer District No. 2.
          Sean Hopkins said since the last presentation, they have addressed the issues raised by eliminating the cul-de-sacs and increased the buffer to the adjacent subdivision.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request by Essex Homes – Shadow Woods for Preliminary Concept Review of a proposed Open Space Design Subdivision at 6450 Goodrich Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dan Glushefski requests Minor Subdivision Approval to create an additional Residential Building Lot and a Pond Permit at 8130 Goodrich Road. James Callahan said the location is the southwest corner of Goodrich and Sesh Roads consisting of approximately 30 acres in the Agricultural Flood Zone.
          Jeff Wittlinger was present representing the applicant. He was retained to design the pond.
          James Callahan said the design of the pond has been reviewed by the Engineering Department. The proposed split meets the Zoning Law and the Master Plan.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of an additional residential building lot in the Agricultural Flood Zone to be split from 8130 Goodrich Road and a Pond Permit. These are Unlisted Actions. After thorough review of the Environmental Assessment Short Form, it is determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for 1 additional residential building lot to the applicant, Dan Glushefski and approves a pond permit for the property located at 8130 Goodrich Road subject to the following conditions: 1. Open space and recreation fees. 2. Pond to be constructed as approved by the Town Engineer.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Tom Kelkenberg requests Minor Subdivision Approval to create an additional Residential Building Lot at 9265 Wolcott Road.
          Tom Kelkenberg said he would like to sell the house that is there and keep the land for farming.
          James Callahan said it is located on the south side of Wolcott Road consisting of approximately 20 acres in the Agricultural Flood Zone. The proposed split is in conformance with the Zoning Law.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of an additional residential building lot in the Agricultural Flood Zone to be split from 9265 Wolcott Road. This Unlisted Action involves creation of an additional residential building lot. After thorough review of the Environmental Assessment Short Form, it is determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for 1 additional residential building lot to the applicant, Tom Kelkenberg, for the property located at 9265 Wolcott Road subject to the following condition: 1. Open space and recreation fees. Upon roll call – Ayes: All; Noes: None. Motion carried.

Vincent Rizzo requests Minor Subdivision Approval to create an Additional Residential Building Lot at 9130 Sesh Road. James Callahan said the location is the north side of Sesh Road west of Goodrich Road consisting of approximately 23.9 acres zoned Agricultural Flood Zone. The request is in conformance with all zoning.
          Joe David was present representing the applicant. They would like to create an approximate 7-acre parcel.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of an additional residential building lot in the Agricultural Flood Zone to be split from 9130 Sesh Road. This Unlisted Action involves creation of an additional residential building lot. After thorough review of the Environmental Assessment Short Form, it is determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for one additional residential building lot to the applicant, Vincent Rizzo, for the property located at 9130 Sesh Road subject to the following conditions: 1. Open space and recreation fees.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Tom Steffan, Attorney for Charles Gordon regarding a drainage issue at 5780 Kraus Road. Mr. Steffan said the issue is stormwater runoff onto his client's property. The location is on the west side of Kraus Road consisting of 27+ acres in an area of large lots. The most southerly two acres is bounded on the west by Ransom Creek. A drainage channel runs east to west across this land running into Ransom Creek. It is naturally drained. For years the drainage was just a trickle, but over the last few years the Town has installed drainage pipes. The pipes stop at the road and the water continues over Mr. Gordon's property through the channel. It is causing the property to be wet. It is sinking and trees are being damaged. The property is turning into a wetland.
          Mr. Steffan said he considers this to be a private nuisance. A municipality may not collect surface water from its lands and streets into an artificial channel and discharge it upon the lands of another. Once the Town created the artificial channel across Kraus Road, it took on the responsibility. The design is eroding private property. The Highway Law makes the Town responsible for drainage of its roadways. The culvert is causing a depression in the land along the road. He believes the Town may want to redesign that drainage system.
          Mr. Steffan complimented the Highway and Engineering Departments as he has met with them. They supplied stone wrap to blunt the force of the water coming through the culvert, but it does not prevent the water from eroding his client's property. He hopes that we can work together to resolve this issue.
          Charles Gordon said he has tried to discuss this matter with the Town Engineer and find a way to resolve it. He was not treated as a taxpayer or Town resident. He is here to discuss the erosion of his property and submitted photos of the situation.
          Councilman Weiss thanked them for their presentation.
          Councilman Kolber said they will review all of the information.
          Mr. Steffan asked if there is a timeframe when they could expect a response.
          Town Attorney Steven Bengart said this is their opportunity to be heard and the Town Board is not obligated to respond.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications - A. Association of Erie County Governments – Sept. 27, 2007; B. Clarence Soccer Club – Nov. 16, 2007; C. Cub Scout Pack 568 – Feb. 8, Mar. 2, 2008; D. Girl Scout Troop 215 – 3rd Wednesday each month 2008; E. Girl Scout Troop 1005 – 3rd Monday each month 2008; F. Cub Scout Pack 563 – Two Thursdays each month 2008; G. Clarence Garden Club – 3rd Wednesday each month, May 9, 2008; Legion Hall Applications – A. Stacey Anthony – Sept. 29, 2007; B. Lori Bruno – Oct. 29, 2007; C. Lynsee Smith – Nov. 10, 2007; D. Maribeth Rice-Gaiser – Nov. 17, 2007; and E. Cub Scout Pack 563 – 3rd Wednesday each month of 2008. 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 September 6, 2007 are approved for payment: General Fund - $49,799.54; Highway Fund - $43,857.71; Capital Fund - $28,298.26; and Trust and Agency 203 - $3,506.05 for a total of $125,461.56. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 10:05 P.M. in memory of David Folger; also, in memory of Doug Moore and Lisa Ehrenreich Roof.

Nancy C. Metzger
Town Clerk