09/13/06


A Work Session of the Clarence Town Board was held on September 13, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Director of Community Development James Callahan

Public Hearings:

Greg Stalker 8960 Hillview Drive
A public hearing is scheduled for 7:45 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit at 8960 Hillview Drive.

Lia Honda 4891 Transit Road
A public hearing is scheduled at 7:50 P.M. to consider a request for a Special Exception Use Permit to convert existing retail space to an automotive sales operation. Plans were to be submitted by the end of August; however the applicant first dropped them off September 11, 2006. The plans submitted differ from what they had originally talked to the Board about. At the August 23, 2006 Town Board meeting, Lia Honda indicated they were going to utilize the building for office space. The new plans submitted indicated the demolition of the building and converting the area to a parking lot. Councilman Casilio suggested eliminating one of the entrance/exits. The Public Hearing has been scheduled, so the Board will take comments.

Joann Wilks 5122 Eastbrook Place
A public hearing is scheduled at 7:55 P.M. to consider a request for a Special Exception Use Permit for a secondary living unit at 5122 Eastbrook Place. Councilman Bylewski indicated that the Board can add additional conditions to the Special Exception Use Permit.

Formal Agenda items:

Len Maranaccio 8850 Lapp Road
Applicant is requesting a pond permit. The proposed site is located on the north side of Lapp Road, west of Heise Road on existing vacant land consisting of 29.7+/- acres in the Agricultural Zone. Excavated materials are to remain on site. The permit is subject to approval by the Town Engineer.

Patrick Development south side of Roll Road west of Shimerville Road
Applicant is proposing a subdivision of 12 lots on the parcel with a public road dedicated to service the lots. The proposed site is located on the south side of Roll Road west of Shimerville Road on existing vacant land consisting of 8.37+/- acres, zoned Single-Family Residential. The area is located in a residential classification, outside of any sewer districts. The proposed project does not conform to the Master Plan.

Patrick Development 4365 Fairfield Road
Applicant is proposing to develop a 4-lot Open Development Area on a private road with a frontage lot. The proposed site is located on the east of Connection Drive, west of Roxbury Drive as an extension of Fairfield Drive. The property was originally approved as two lots consisting of 10+/- acres, zoned Residential Single-Family. There are concerns with the extension of a driveway off a public cul-de-sac and lack of public sewers.

Patrick Development Goodrich Farms
Applicant is proposing to subdivide the land to create residential building lots on public roads. The proposed site is located on the north side of Keller Road; on the east side of Goodrich Road on existing vacant land within Clarence Sewer District #2 containing 15.8+/- acres zoned Single-Family Residential. The applicant has submitted several different design plans, one for an Open Space Design. Town Engineer Latona questioned the availability and capacity of sewers. The proposed site is to the north of Keller Road and Mr. Latona did not think the applicant could tie into the Keller Road lift station.

Stonewall Properties Thompson Road
Applicant is seeking permission to develop a subdivision with public road dedication per design submitted. Without access to public sewers, applicant is subject to NYS Realty Subdivision Law of 4 lots every 3 years. The proposed site is located on the east side of Thompson Road, north of Main Street on existing vacant land consisting of 40+/- acres, zoned Residential Single-Family outside of any sewer districts.

Cimato Enterprises Greiner Road
Applicant is proposing to create a 2+/- acre wetland area as a part of a remediation of a wetland impact on another property. The proposed site is located on the former Riegle Farm located on the north side of Greiner Road, east of Shimerville Road and south of Roll Road on existing vacant farmland consisting of 120+/- acres, zoned Residential Single-Family. The proposed action involves clearing, filling and grading of the property. A Clearing, Filling and Grading permit as issued by the Town Board will be required. This action is in advance of future subdivision development on the property. Councilman Weiss spoke with two members of the Planning Board and they agreed that the mitigation should be done where the violation occurred. Councilman Bylewski stated that we do not have a design for the proposed development; it is still in the review process. Councilman Kolber stated that the proposed concept plans that the applicant has submitted prior to this shows a pond in the area that they want to mitigate, so they are not changing or adding anything. The only thing they are doing is rather than putting in a pond, they are creating a wetland. They are putting it in an area that does not change the calculation. Town Attorney Bengart stated that they would need to apply for a pond permit for drainage. Does the Board want to approve this in advance of a future subdivision development in which we have seen no plans? James Callahan indicated that the jurisdiction of the Town Board is the Clearing, Filling and Grading Permit. We have a local law that prevents the applicant from doing anything until the Board acts to approve the Clearing, Filling and Grading Permit.

Garth Davis 5945 Goodrich Road
The applicant would like to display vehicles for sale at 5945 Goodrich Road. The business owner operates from property owned by Dr. Schwab about 350' south of the four corners. The business was first approved to operate on October 24, 2001. The Town Board conditioned the approval to operate there being no display or advertising of vehicles. Applicant sent letters to the neighboring property owners stating that there would never be any display of vehicles. Applicant has violated all conditions of his permit. The applicant has notified the Town via fax that he will not be able to attend this evenings meeting. This is the second time he has not shown up. Supervisor Hallock stated that the Board will go forward with setting the Public Hearing in order to revoke the Temporary Conditional Permit.

Lakeside Industrial Business Park/Bakowski mini-storage County Road
Applicant is proposing to develop a mini-storage facility as designed. The proposed site is located on the south side of County Road, west of Goodrich Road in the Lakeside Industrial Business Park on existing vacant land within the recently approved Industrial Business Park. Interpretation of the Town Board action establishing a greenbelt/setback requirement from the adjoining Agricultural Use. The owners of the adjoining agricultural operation have submitted a request to change their zoning to Agricultural Rural Residential. Mr. Braddel has spoken to several Board members regarding a compromise. Late this afternoon, he delivered a concept of 50' all around or 100' adjoining the house and 25' towards the front. Councilman Kolber stated he would like to see the building setback along with a screened berm (living fence).

Roll Industrial Business Park 8570 Roll Road
Applicant is seeking Concept Plan approval for an Industrial Business Park as designed, including publicly dedicated road. The proposed site is located on the north side of Roll Road, north and east of Harris Hill Road on existing vacant land consisting of approximately 29 acres, zoned Industrial Business Park. The issue is whether to dedicate the public road at the initial start of the development. The Planning Board has forwarded a recommendation to allow the project to move forward with private roads built to public road specifications. The applicant desires a public road. Fire Safety commented that they would also like to see a public road.

Clarence Center Volunteer Fire Company 9425 Clarence Center Road
Applicant is seeking a determination under SEQRA to proceed with demolition of Williams Hall. The proposed building is located on the south side of Clarence Center Road, west of Goodrich Road located in the Clarence Center Traditional Neighborhood District. Clarence Center VFC has also requested a building permit for a pole barn and is asking that the Open Space fees be waived. The building will be situated to the west of the fire hall, over the bridge in the grove area. The building will be used for cold storage.

Councilman Bylewski commented on the historical survey. The draft is almost completed. There were some properties that they will have to go back over because there are multiple buildings on one parcel. Since information from the Assessor's office was used, the Assessor may have changed the date given the age of the building and renovations that may have been done which may not have picked up the other buildings on the property. Historic Preservation Committee member Doug Kohler recommended an e-mail to Clint Brown and exchange a list of information to make sure the buildings that have been identified by the town will make their way onto the report.

Charles Kelkenberg Strickler Road
Applicant is proposing to split the property to create three additional building lots. The proposed site is located on the east side of Strickler Road, north of Keller Road on existing vacant land consisting of 4.97+/- acres zoned Agriculture Rural Residential. The Zoning Board of Appeals has granted a variance to allow the corner lot with reduced frontage as shown.

Work Session items for consideration September 27, 2006:

Creekwood Meadows Subdivision
Applicant is proposing a 26 lot Open Space design development on private roads. The proposed site is located on the north side of Roll Road, west of Newhouse Road. The Planning Board has forwarded a recommendation with conditions. Councilman Bylewski stated that several questions have been raised relative to this project, namely condo status and sewer hookup. The applicant is referring to this project as private sewers tied in off of Loch Lea. Several residents asked that the developer extend the sewers down Roll Road so they can hook up as well.

Dirocco 8799 Stahley Road
Applicant is proposing to develop a single-family home with an in-law apartment. The proposed site is located on the southwest corner of the intersection of Conner and Stahley Road on existing vacant land consisting of approximately 1.16 acres zoned Residential Single-Family. The lot is considered a pre-existing lot of record and is an acceptable building lot.

Woodside Drive
Applicant has resubmitted a new concept plan for Woodside Drive. Applicant is proposing the extension of a public road from the end of Woodside Drive down to Greiner Road and then off that, several private Open Developments for a total of ten 5+/- acre lots. Councilman Bylewski suggested that if this was approved with a public road for the publics benefit, should we stub it so it can go from Greiner to Roll Road.

Supervisor Kathleen Hallock

To date, Supervisor Hallock has only received Swormville VFC budget request. They were due last week.

Supervisor Hallock has received complaints from residents on Martin Road about the high topsoil berms on County Road. Assistant Director of Community Development James Hartz notified the homeowners that there are no specific conditions related to the use of the property so the berms are legal.

Supervisor Hallock has a resolution authorizing her to sign a lease agreement for copiers. The cost is $14 more per month in a new three year lease but we have more machines and the copiers can now be used as printers in office, saving on printer and toner costs.

The Northern Erie Sno-Seekers have requested permission for use of specific Town owned property for the 2006-2007 snowmobiling season.

A meeting has been scheduled with Buffalo Crushed Stone for October 5, 2006. There are 280 houses in the Harris Hill area that are affected. Notice of the meeting will be mailed to all homeowners including those who signed the petition that do not live in the area.

The fountain has been installed in the pond at Town Hall. It was donated by Michael Ranzenhofer. We have been in possession of it for several years however; we had to wait for power to be freed up from the sanitary lift pump. There will be another fountain installed in the adjoining pond as well.

A public hearing will be set for October 11, 2006 in the Town Hall auditorium regarding the use of Federal Community Development Funds in the Town of Clarence. The purpose of the hearing is to provide an opportunity for citizens to express community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Clarence. Supervisor Hallock will meet with Town Engineer Latona and Director of Community Development James Callahan on Friday to discuss the grant.

Supervisor Hallock will announce the resignation of Sandy Larkin from the Bicentennial Committee.

Supervisor Hallock has several items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski has received the August 2006 Operations Report from Amherst Central Fire Alarm.

Councilman Bylewski received correspondence regarding Time Warner Cable including payment of franchise fees.

At the September 6, 2006 Work Session, Councilman Bylewski stated that there have been a total of ten Positive Declarations issued since 1988.

There are two scoping sessions scheduled for September 18, 2006 at 5:30 P.M. The scoping sessions help clarify the issues that have to be addressed as part of the environmental review process.

Two Planning Board members and two TEQR Committee members will attend the NY Planning Federation, funds are in the budget. Approval will be authorized at the next Town Board meeting.

Councilman Bylewski will again announce the vacancy on the Planning Board.

Councilman Bylewski was given information on the Erie County Negative Declaration on the framework for regional growth in Erie and Niagara County. There were several recommendations made. The information is available for review in the Planning Department.

Youth Director Dawn Kinney is looking at several buildings for the Youth Department.

Councilman Bylewski has one item to discuss in Executive Session regarding potential sale of real property.

Councilman Joseph Weiss

Councilman Weiss will appoint Jacqueline Carpenter to a vacancy on the Senior Center Board of Directors effective immediately with a term to expire on December 31, 2006.

Due to the high cost of fuel, Highway Superintendent Ted Donner is requesting a transfer of funds from Equipment Rental (Road) and Equipment Rental (Snow) to Gas and Oil.

The Town football league has added ninety new players this year. Councilman Weiss will meet with Ted Donner and John Burns to discuss how we can help them out next year. Councilman Weiss spoke with a representative from NYSEG and will provide them with a map of the Sunset Park area.

Councilman Weiss will hold a meeting on September 23, 2006 @ 11:00 AM at Clarence Town Hall for anyone interested in the future Skate Park. He has drawings and informational material that he will have on hand for review.

The final meeting was held regarding Day in the Park. When all was said and done, the committee felt that the numbers were a little stagnant this year because it was so close to the 4th of July and we had to compete with festivities in other towns. The committee received $11,180 in donations along with $6,000 from the Town. Several organizations made money as well. The wresting club made $1100, the American Legion made $800 selling fried dough, Eastern Hills Wesleyan Church made $3,500, Harris Hill Men's Club made $1,400. The Day in the Park Committee made donations to the Cub Scouts, Girl Scouts and a few other groups for volunteering their time. There is $2,278 available for next year for advertising and signage.

Councilman Bernard Kolber

The Zoning Board of Appeals denied a variance for Floss Estates. There is the possibility of a law suit.

Councilman Kolber received the Historical Society Budget. Supervisor Hallock stated that some budgets came in higher than expected and revenues were not accounted for.

Councilman Kolber stated that the biggest revenue source for the Historical Society is Clara's House. Councilman Kolber was informed that the intent of the Historical Society is to buy Clara's House back from the woman that purchased the house. The woman that purchased the house is aware of this. This will allow the Historical Society time to come up with the funding needed to buy the house. The Town Board was not aware of this. This all came about because of several maintenance issues with Clara's house and the tying into sewers. The Historical Society would like to pay for the maintenance because the house is being held for them. Councilman Kolber informed the Historical Society that they can not transfer their 501(c) (3) funds to a private individual.

Another issue that came up during the Historical Society meeting was the Rolf's Clock. The Historical Society has indicated that the Town owns the clock and they have to insure it. The Historical Society is just the custodian of the clock. Councilman Kolber has contacted Kelly Schultz and he will appraise it. Councilman Kolber will contact Director of Administration and Finance Pam Smith to be sure the clock is insured properly.

Councilman Kolber commented on the article in the Buffalo News regarding Doug Kohler and the history book of Harris Hill.

Councilman Kolber asked about fire protection for the Clubhouse, Historical Museum and Genealogy building. Councilman Casilio stated that we did receive some budgetary prices for the museum. Town Engineer Latona stated that we did get estimates however, they are not current numbers. This would come under a Capital Program. Councilman Kolber would like to pursue this and add this to our Capital Program going forward. Councilman Kolber suggested a vault to keep some of our historical records.

Councilman Patrick Casilio

Councilman Casilio has two items to discuss in Executive Session regarding the employment history of an individual.

The Clarence Senior Center has turned in their budget request for 2007. Councilman Casilio will be getting a budget price for sealing and striping of the senior center parking lot.

The Town received funds from New Hope Presbyterian Church; the money will be used to purchase a new bicycle for Parks Security to be used on the bike path.

Councilman Casilio has been in contact with NYSEG regarding light poles in Harris Hill. He will send a follow up letter relative to the conversation he had with them concerning maintenance of the poles. NYSEG agrees that the town could help maintain the existing (49) light poles in the Harris Hill area. They have Memorandum of Understandings with other towns for such work. This work is for cosmetic reasons, nothing electrical. Beginning next year, NYSEG may be able to provide paint to our town crews to paint the poles. NYSEG has stated that rotted pole bases could be welded to try to save some poles which would save the town money. Town crews would do the work. NYSEG does have used poles that could be used to replace rotted poles and existing aluminum poles that do not match.

Councilman Casilio and Councilman Kolber met with John Burns, Ted Donner and Jim Schlabach and it was decided that everything would run through the Parks Department. It was noted by Mr. Schlabach that the developer donated light bases of 10 15 years ago on sheet metal are rusting and failing. The Town owns those lights and maintains them. Councilman Casilio suggested that in the future, the town have some type of spec as to what type of lights we will accept in a development. Town Engineer Latona stated that we have specs now, but they should be upgraded. Town Engineer Latona will get together with Jim Schlabach to upgrade the light spec.

Councilman Casilio will announce a recycling day for electronics, computers and textiles to be held September 30, 2006 at Erie Community College South Campus from 9AM 2PM.

There is a NEST meeting scheduled for September 14, 2006.

The Sidewalk Task Force missed out on grant money this year but will try again for next quarter.

The Traffic Safety Board has requested that 2-way traffic be considered on the one way road at Memorial Park. There has been some confusion especially during tournaments. They have also requested more pedestrian openings along the stockade fence. It was noted that people were jumping over the fence.

Traffic Safety Board is also requesting a speed limit reduction to 45MPH on Strickler Road from Greiner to Keller and a 4-way stop at that intersection.

Town Attorney Bengart has one item to discuss in Executive Session regarding the hiring of a corporation.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to 105(1) F of the Open Meetings Law to discuss the employment history of an individual, matters leading to the appointment of an individual; matters leading to the appointment of a corporation; 105 (1) H the proposed sale and/or acquisition of real property; 105 (1) E Collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law). 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 Councilman Bylewski, seconded by Councilman Kolber to adjourn the Executive Session at 7:32 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 13, 2006 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 Joseph Weiss, followed by a prayer given by Pastor Gary Beers of Eastern Hills Wesleyan Church.

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

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held August 23, 2006 as received. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for Wednesday, October 11, 2006 at 7:45 P.M. in the Town of Clarence in the Town Hall auditorium, One Town Place, Clarence, NY 14031 regarding the use of Federal Community Development Funds in the Town of Clarence.
          The Town of Clarence is eligible for a Federal Community Development Grant under Title I of the Housing and Community Development Act of 1974, as amended.
          The purpose of the Hearing is to provide an opportunity for citizens to express community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Clarence.
          Citizens are urged to attend this meeting to make known their views and/or written proposals on the Town of Clarence's selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.
          The Hearing will also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible.
          Those needing special arrangements should call the Town of Clarence at 716-741-8930 by October 6, 2006.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said she is accepting, with regret, the resignation of Sandy Larkin from the Bicentennial Committee. Sandy has done a wonderful job on that committee chairing the special events.
          This leaves an opening on the Bicentennial Committee for an annual appointment. Applications can be picked up at the Supervisor's office or downloaded from our website.

Supervisor Hallock said one of the fountains donated by Erie County Legislator Mike Ranzenhofer was activated today in front of the town hall. One more will be installed.

Councilman Bylewski reported on the Amherst Central Alarm August 2006 Operations Report. Town of Clarence fire companies responded to the following: Structure fires 0; Motor Vehicle Fires 1; Miscellaneous Fires 8; EMS Calls 109; Motor Vehicle Accidents 12; and Miscellaneous Calls 35 for a total of 165 alarms.

Councilman Bylewski said there has been a lot of publicity regarding the removal of the NFL network from Time Warner Cable. They have sent the information out to their customers. We also received the semi-annual 3% of the franchise fees in the amount of $86,126.79 from Time Warner. The prior check was for $80,176.42, which reflects the increase in fees from last year.

Councilman Bylewski said the Town Clerk did some research on the number of Positive Declarations issued by the Town. We have had a number of them going back to 1988 for Loch Lea, Eastgate Plaza, Spaulding Lake, Wilson Greatbatch, Harris Hill Commons, Waterford, Heise/Brookhaven Sewer, Master Plan 2015 and Gables on the Green.
          Recently two Positive Declarations were issued, one for Spaulding Greens and the other for the Rubino Subdivision. Councilman Bylewski announced that a Public Scoping Session will be held on Monday, September 18, 2006 at 5:30 P.M. at the Clarence Town Hall on the following projects:
          Rubino Subdivision Approval of sewer capacity from Erie County Sewer District No. 5 within Clarence Sewer District No. 6 and including the development of a new 47-lot subdivision at the southwest corner of the intersection of Clarence Center Road and Shimerville Road.
          Spaulding Greens Open space design subdivision, east of Goodrich Road, north of Greiner Road.
          The purpose is to obtain public comment on any environmental issues associated with the two items. Written comments will be received in the Planning and Zoning Office until Monday, October 16, 2006.
          James Callahan said the general purpose of scoping sessions is to identify the issues that must be addressed in a draft environmental impact statement.

Councilman Bylewski said we received a Negative Declaration from Erie County Dept. of Environment and Planning on their framework for regional growth. A copy should be available in the Planning and Zoning office for anyone interested.

Councilman Bylewski reported on the Single Family Dwelling Statistics for the end of August. There were 11 permits issued in subdivisions and one outside. Year-to-date is 48 in subdivisions and 32 outside for a total of 80 permits issued through August 2006. The year-to-date in 2005 had 86 permits issued, and 129 for 2004.

Councilman Weiss said there are many people concerned with the parking issues at Sunset Park with the football program. They are meeting tomorrow with the Parks and Highway Departments to discuss options. They will also talk to the electric company regarding their property. It is a very successful program and we need to see what can be done. It may be too late for this year, but we will get something done by next season.

Councilman Weiss thanked the Bee for the information on the skate park meeting that is scheduled for November 23, 2006 at 11:00 a.m. at the Town Hall. He expects a lot of input from the skate boarders. He will bring some designs and materials used for these parks.

Councilman Weiss said they just finished the books for Day In The Park. It was very successful for the organizations who participated. If any group is interested to do fundraising for their group or cause should get involved. Meetings will be announced for next year's event to be held June 30th. They also discussed issues and resolutions for the next event.

Motion by Councilman Weiss, seconded by Councilman Casilio to grant approval for the following transfers of funds in the Highway Department: $15,877 from DA 5110.0433 Equipment Rental (Road) $10,000 from DA 5142.0433 Equipment Rental (Snow) for a total of $25,877 to account DA 5110.0416 Gas and Oil. This is due to the high cost of fuel. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Casilio to appoint Jacqueline Carpenter of 9507 Lantana Drive, Clarence Center to a vacancy on the Senior Center Board of Directors with a term to expire December 31, 2006, effective immediately. Upon roll call Ayes: All; Noes: None. Motion carried.

Supervisor Hallock wished Councilman Kolber a Happy Birthday.

Motion by Councilman Kolber, seconded by Councilman Casilio to authorize the Supervisor to sign an equipment lease agreement with Toshiba Financial Services for 5 new copy machines under the terms and conditions stated in the agreement The lease includes the cost of maintenance and toner for the 5 new and 8 Town owned copiers. The copy machines will be supplied and serviced by Eagle Systems, Inc. The Agreement is subject to review and approval by the Town Attorney.
          On the question, Councilman Kolber said the cost is only $14 more per month than our previous agreement. They will also do more than our previous copiers. Supervisor Hallock added that we will save costs on printers and cartridges.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Kolber congratulated Doug Kohler on the article in the Buffalo News regarding his book about the Harris Hill area. It is the second book he did, the first being the Clarence Hollow. Doug is a wealth of information on the history of the Town.

Councilman Kolber said he has been working on fire protection for some of the Town owned buildings, such as the historical museum, clubhouse and genealogy building. All of these buildings are lacking in adequate protection.

Councilman Casilio said he has been working with NYSEG, the Parks and Highway Departments to try to take care of 50 year old streetlights in the Harris Hill area.

Councilman Casilio announced that Erie County is having a Recycling Day for Electronics, Computers and Textiles on Saturday, September 30, 2006 from 9:00 a.m. to 2:00 p.m. at Erie Community College South Campus.

Councilman Casilio reported that at the recent Traffic Safety Board meeting, they made a recommendation to lower the speed limit on Strickler Road to 45 mph and a four-way stop at Strickler and Greiner. They anticipate more traffic in that area due to moving of the bus entry to Strickler Road. The recommendation will be forwarded to Erie County.

Motion by Councilman Casilio, seconded by Supervisor Hallock Whereas, the Northern Erie Sno-Seekers Inc. Snowmobile Club has requested permission from the Clarence Town Board for the use of specific Town owned property for the 2006-2007 Snowmobiling season as follows:
          1. "West Shore Line" bike path that runs from Salt Road to Davison Road for use as an insured New York State Class A corridor snowmobile trail.
          2. Trail running through Memorial Park between the parking lots and baseball diamond and the northern side of east/west main driveway.
          3. Allow for parking on the Salt Road Parking area for "Drop and Ride" lot.
          4. Allow for parking on the stone parking lots at Memorial Park between the baseball diamonds and the north side of the main driveway for a "Drop and Ride" lot.
          Resolved, that the Clarence Town Board grants permission to the Northern Erie Sno-Seekers Inc. Snowmobile Club for the use of the above Town owned property subject to the following conditions:
          1. The Northern Erie Sno-Seekers Inc. Snowmobile Club is to provide the Town of Clarence with a certificate of insurance naming the Town as additional insured on the Northern Erie Sno-Seekers, Inc. Snowmobile Club's insurance and name the above areas on said certificate.
          2. This use is authorized with the understanding that snowmobiles are allowed only on the right-of-way of the bike path and absolutely not allowed on the paved portions of the bike path.
          3. That all trails will be clearly marked with signs and barrels and the path maintained throughout by the Northern Erie Sno-Seekers Inc. Snowmobile Club.
          4. That the season will run from December 15, 2006 to April 1, 2007.
          5. Subject to the receipt of a current certificate of insurance naming the Town of Clarence as an additional insured on the Club's policy.
          6. This approval is with the understanding that snowmobiles are allowed only on the right-of-way of the bike path and absolutely not allowed on the paved portions of the bike path.
          On the question, Councilman Bylewski made a typographical correction.
          Councilman Weiss asked that the group considers participating in the Winterfest this winter. Rich McNamara, Treasurer of the group said they will get involved.
          Councilman Kolber asked what could be done about the snowmobile damage on the bike path. He said the group probably does not do it.
          Rich McNamara said that New York State Law states that there must be 3" of snow on the ground before trails can be opened. The State raised the license fee for non-members to encourage group participation. The club puts barrels down the bike path all the way to Akron to discourage riding on the path. They do everything they can.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Casilio thanked Kim Karcher of the Clarence Bee for the article about the Brothers of Mercy. They are celebrating their 150th anniversary of helping those in need.

Councilman Casilio said the work on the Peanut Line bike path has been completed. Town Engineer Joseph Latona said we are waiting for some signs and gazeboes and it will be complete.
          Councilman Casilio said the mile markers are up, which will help to let you know exactly where you are and also assist with any emergencies.

Councilman Bylewski announced, as a reminder, that there is an opening on the Planning Board for a member or alternate member. Applications will be accepted through September 23rd.

Public Participation

Steve Kirk spoke in regard to item 21. His family owns the farm west of the proposed Lakeside Industrial Park. He asks that the Town Board uphold the 100' greenspace between their farm and Lakeside. The farm has been a residence and used for agricultural purposes since the 1800's. There has been a suggestion of a berm with a living fence to separate the properties. He is opposed to a berm as the natural drainage is to the east. It could cause ponding, which would attract insects.
          Mr. Kirk said they have requested that the Town restore their property to agricultural rural residential zoning. They have no intention to sell the farm or convert to an industrial use. They would like to be afforded the 100' greenspace that everyone else has to separate homes from industry.

Florence Kirk spoke regarding item 21, stating that she agrees with everything her son just said. She is requesting the same 100' buffer for the protection of her home and horse training and riding facility.

Doug Kohler spoke on behalf of the Board of Trustees of the Clarence Historical Society to express their concern and opposition to item 23. They feel the building is historically significant for many reasons. It was the first fire hall in the Town. A fireman's picnic was held in the grove back in 1908 to raise funds to build Williams Hall. He is appalled at the thought that two years from now, we will celebrate the Town's bicentennial, the fire company's centenary and the building that started it all will only be a memory.
          Mr. Kohler said it was also a community facility used for dances, theatrical events, weddings and other community gatherings. There must be a way to reach a civically responsible solution to Williams Hall before the wrecking ball swings.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit at 8960 Hillview Drive. James Callahan said the location is the south side of Hillview Drive consisting of approximately two acres zoned Residential Single Family. The applicant is seeking approval for an in-law apartment.
          Greg Stalker said it is simply a space for his mother-in-law. There is no separate entrance. He believes the intention here is to eliminate the possibility of renting the space, of which they have no intention. The plan submitted is what they are building.
          With no one 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 Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board, after a public hearing duly held on September 13, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Greg Stalker, for a secondary living unit as part of a new residential unit to be constructed at 8960 Hillview Drive in the Hidden Valley Estates Subdivision subject to the following conditions: 1. Unit must be secondary to the principal dwelling and not converted to a rental unit. 2. Shall only be utilized as a familial/in-law apartment, for paid employee(s) or guests of homeowner. 3. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the secondary unit to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney. 4. Proof of filing of the approved deed is required and must be submitted to the Town Attorney.
          On the question, Councilman Bylewski asked if the applicant is in agreement with the conditions set forth. Mr. Stalker said yes.
          Upon roll call Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit to convert existing retail space to an automotive sales operation at 4891 Transit Road. James Callahan said the location is the east side of Transit Rd., north of Sheridan Drive consisting of approximately 3/4 acre zoned Major Arterial.
          William Lia, Lia Honda said the future plan is to demolish the existing building to allow for an additional 50 +/- parking spots for the display of vehicles. A current tenant has a lease for another 16 months, so they would like to use the site as is for now. They would use the other space as a sales showroom in conjunction with their showroom next store.
          Councilman Casilio said he would like to see how they would display cars on the site now. Mr. Lia presented a drawing.
          Councilman Bylewski said he requested that they received the plans in time to review them prior to this meeting. His concern is that if a Special Exception Use Permit is granted now, when the building is demolished, they would have an as-of-right use without proper review of what it will be. The site will have to be paved and striped.
          Mr. Lia said they currently have room for 34 parking spaces and after the demolition of the building there would be about 86.
          Councilman Kolber suggested having the Planning Board review the overall project in regard to landscape plan and traffic flow.
          Councilman Bylewski suggested that they issue a Temporary Conditional Permit to allow for the automotive sales, and in the meantime review the overall project that is being proposed. We would have to set a public hearing to consider the Temporary Conditional Permit.
          Supervisor Hallock said this is not what we were expecting. Mr. Lia said this is his plan for now and the future after the tenant's lease is up. Town Attorney Steven Bengart said the applicant should be aware that Temporary Conditional Permits are generally issued for one year and conditions would be set.
          With no one else to speak to the subject, motion was made by Supervisor Hallock, seconded by Councilman Casilio to close the Public Hearing. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Supervisor Hallock, seconded by Councilman Casilio to set a Public Hearing for Wednesday, October 11, 2006 at 7:55 P.M. to consider the request by Lia Honda for a Temporary Conditional Permit for automotive sales at 4891 Transit Road. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request by Lia Honda for a Special Exception Use Permit and a Temporary Conditional Permit for an automotive sales operation at 4891 Transit Road to the Planning Board for review. Upon roll call Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit at 5122 Eastbrooke Place. James Callahan said the property consists of a single family home in the Residential Single Family Zone. The applicant is seeking approval for an in-law apartment.
          Tim Wilks said they are using the same builder that built their home to maintain the integrity. They are aware of the conditions.
          With no one speaking to the subject, motion was made by Councilman Weiss, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, 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 13, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Joanne and Tim Wilks, for the construction of a secondary living unit as part of the existing residential single family unit located at 5122 Eastbrooke Place, subject to the following conditions: 1. Unit must be secondary to the principal dwelling and not converted to a rental unit. 2. Shall only be utilized as a familial/in-law apartment, for paid employee(s) or guests of homeowner. 3. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the secondary unit to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney. 4. Proof of filing of the approved deed is required and must be submitted to the Town Attorney. Upon roll call Ayes: All; Noes: None. Motion carried.

Len Marinaccio requests a Pond Permit at 8850 Lapp Road. James Callahan said the location is the north side of Lapp Road, east of Kenfield Road consisting of approximately 29.7 acres zoned Agricultural Rural Residential.
          Leonard Marinaccio was present. They intend to build one single family home and the spoils from the pond will remain on the property. There will be no subdividing of the property.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to approve and grant to the applicant, Len Marinaccio, a Pond Permit at 8850 Lapp Road subject to the following: 1. Applicant must comply with the provisions of the Town of Clarence Excavation Law. 2. Subject to Town engineering approval. 3. Excavated materials to remain on site. Upon roll call Ayes: All; Noes: None. Motion carried.

Patrick Development requests Concept Approval for a 12-Lot Subdivision on Roll Road, west of Shimerville Road. James Callahan said the property is located on the south side of Roll Road consisting of approximately 8.37 acres zoned Single-Family Residential. Four frontage lots were split from the parent parcel previously.
          Michael Metzger, engineer was present. They submitted a plan for a three-lot open development area with two one-acre frontage lots and they are not comfortable with the frontage lots. His client would like to build the five lots, but the Town Board did not like the layout. The plan presented tonight was then created in compliance with the Zoning Law and the Subdivision Regulations. Mr. Metzger said there is a sanitary sewer nearby, which they could access. A request could be made for an extension of Sewer District No. 5 or head to the west to the Heise/Brookhaven sewer line.
          Councilman Bylewski said this location is outside of a sewer district. An open space design requires 5-acre minimum lots.
          James Callahan said the question is if there is sewer capacity outside the existing boundaries of the district, and whether the capacity could be used outside. If Heise/Brookhaven was considered, it would change the environmental impact statement previously approved.
          Councilman Weiss added that a public road at this location offers no public benefit to the community. Mr. Metzger said it creates an opportunity for 12 more people to become residents of the town. Councilman Bylewski said so would a private road.
          Councilman Bylewski said he has a concern with a subdivision that we do not know if it would have sewers. We have shown a preference for an open space design if you do have sewers. The Town Board was in favor of the open development, but it sounds like the applicant does not want to pursue that plan.
          Mr. Metzger said they would with the plan that was presented. It showed two frontage lots that would comply. Councilman Bylewski said that was a difference of interpretation by the developer. Supervisor Hallock added that the size of the frontage lots was the issue.
          Councilman Kolber said he is not in favor of the design presented here.
          Mr. Metzger said if this design was used, his client would re-subdivide, and include the three lots that were previously subdivided into this development.
          Councilman Kolber said he could very easily bring the open development into compliance by modifying it slightly. Mr. Metzger said he is not interested in losing one lot to make one of these work. Councilman Kolber said he is trying to appear as a hardship that he is down five lots, but he really has four lots split off.
          Councilman Casilio asked if lot 10 is backing up to Roll Road and Mr. Metzger said it was. Councilman Casilio said I think we are trying to get away from that. Mr. Metzger said it would only be one lot, part of a sidelot and one other lot. It would be buffered.
          Supervisor Hallock said we were looking at the two frontage lots being two acres. Councilman Bylewski said that is for an open development area. Councilman Kolber said three of the lots would not meet the 200 ft. setback from an existing road. Mr. Metzger said that is at the entrance according to the Code.
          Councilman Bylewski said we prefer an open space design. They are not in favor of the subdivision. The roadway would not serve a public purpose and the issues regarding the sewer.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to deny the request by Patrick Development for a 12-Lot Subdivision on Roll Road, west of Shimerville Road. On the question, Michael Metzger read from the Subdivision Regulations regarding setback from a public road right-of-way of 200 ft. and the first lot in a subdivision involving public road dedication. He asked if the Town's interpretation is that no lot can be within 200 ft. of a public right-of-way. Town Attorney Steven Bengart said he would much prefer to give an interpretation at a later date. Upon roll call Ayes: All; Noes: None. Motion carried.

Patrick Development requests a 4-Lot Open Development Area with one frontage lot at 4365 Fairfield Road. James Callahan said the location is at the end of Fairfield Road consisting of approximately 10 acres zoned Residential Single-Family. Lots were originally approved for this development in 1995. The applicant is now proposing a 4-Lot Open Development Area with one frontage lot.
          Michael Metzger said this property has changed ownership. It is now a group of investors called Buffalo JBR LLC. The change is a reduction of one lot and an increase in size of the remaining frontage lot to 2 acres.
          James Callahan said there was a road extension approval of nine lots. This request is a modification of the existing approval creating five additional lots. The landlocked piece in the middle was part of other lots. The parcels have been adjusted since then. Councilman Bylewski asked when the landlocked piece was split. Mr. Metzger said he does not know what the relevance is. James Callahan said it is a modification of what has been approved.
          Councilman Casilio said the concept of this design was run by Traffic Safety Board and they were not pleased with the layout.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to deny the request for a 4-Lot Open Development Area with one frontage lot at 4365 Fairfield Road as presented. Upon roll call Ayes: All; Noes: None. Motion carried.

Patrick Development requests Concept Review of proposed subdivision, Goodrich Farms, on the east side of Goodrich Road, north of Keller Road. James Callahan said the property consists of approximately 16.5 acres zoned Residential Single-Family. The property is located within Clarence Sewer District No. 2.
          Michael Metzger said his client submitted an application in 2004 for a 37-lot development and no action was taken. They have prepared a plan in compliance with the new regulations for a 23-lot subdivision. They also submitted an open space design for 31 lots. Both plans provide an excessive amount of greenspace.
          Supervisor Hallock said they prefer the open space design. Councilman Weiss said the private road offers no public benefit.
          Councilman Bylewski said questions were raised about the sewer capacity and the availability of the infrastructure. These issues will have to be addressed.
          Councilman Kolber asked if the pipeline goes through there. Mr. Metzger said it does not affect the project.
          Councilman Bylewski said there is a preference for open space design developments.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request for Concept Review of a proposed subdivision, Goodrich Farms, on the east side of Goodrich Road, north of Keller Road as the open space development design to the Planning Board. On the question, Councilman Bylewski said the review should be of the open space and not the regular subdivision. Town Attorney Steven Bengart said all the comments made tonight are to be included. Supervisor Hallock added the capacity of all the facilities, not just sewers. Upon roll call Ayes: All; Noes: None. Motion carried.

Stonewall Properties, LLC requests Preliminary Concept Review of a proposed subdivision on the east side of Thompson Road, north of Main Street. James Callahan said the property consists of approximately 43.5 acres zoned Residential Single Family with some Commercial on the Main Street portion.
          Michael Metzger, Engineer and Lou Visone, property owner were present. Mr. Metzger said they are proposing a 26-lot subdivision. Mr. Visone previously developed a 4-lot open development from this parcel.
          Councilman Kolber said this property is next to his, so he will refrain from participating or voting on this item.
          Councilman Weiss said we have the issue of public versus private road and it offers no service to the public.
          Councilman Bylewski said our Master Plan says that if we are having development, we should steer it to areas with sewers.
          Mr. Metzger said Mr. Visone would like to have sewers, but there are none in this area. He has gone back to one acre lots on septic due to the lack of availability. Councilman Bylewski asked if this project could continue on a private road. James Callahan said it would reduce the number of lots. Open development area would be the opportunity with access points on Thompson and possibly Goodrich. The opportunity for a private road would be the open development, which allows the maximum of four lots plus the frontage.
          Councilman Casilio said he is not a proponent of private roads, because he believes they will be a problem for the Town in the future. He asked if it could be made a through street. Mr. Metzger said it is not the preferred choice to go out on Goodrich Road.
          Councilman Bylewski said we should be developing subdivisions where there are sewers. Mr. Metzger said this property was rezoned due to the Master Plan process which allows for residential development. Councilman Bylewski said it still allows for an open development to occur, and not necessarily a subdivision. James Callahan added that you can have the one-acre lots, but you also have to have the public road frontage.
          Mr. Metzger asked that the project be moved to the Planning Board to look at the options available. Councilman Weiss said he gets concerned passing projects on that require so much work to the Planning Board. It is not their job to plan the project. Councilman Casilio said he agrees, but thought this may be close.
          Lou Visone said do you mean something that you like or something that is feasible for this property. If it is just something you do not like, he is wasting his time. He is creating the opportunity for people to move into this area and pay taxes. If it falls within the Master Plan, then it should move forward. He feels it is the best he can come up with.
          Councilman Weiss said he advises him to spend more time before coming in with a project that is not compliant.
          Councilman Bylewski said there are two cul-de-sacs off of one road and he does not see what public benefit that provides. Mr. Visone said he is not bringing it out to Goodrich because there is a four-unit apartment complex and he does not want the road along that driveway. That would resolve the public versus private road issue, but it would not resolve the unsewered subdivision issue. He is not in favor of referring it on to the Planning Board as it exists.
          Mr. Visone said he has heard a lot here tonight.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request by Stonewall Properties, LLC for Preliminary Concept Review of a proposed subdivision on the east side of Thompson Road, north of Main Street until another design can come forward. On the question, Councilman Bylewski said a design strategy to look at to accommodate the road issue and the sewer issue, would be something similar to what is being proposed for Woodside Drive. Michael Metzger asked if they presented a similar plan showing the road going through to Goodrich would be okay. Councilman Bylewski said that still leaves the sewer issue. He believes an open development design avoids that issue. Upon roll call Ayes: All; Noes: None. Motion carried.

Cimato Enterprises requests a Clearing, Filling and Grading Permit for off-site wetland mitigation on Greiner Road, east of Shimerville Road. James Callahan said the applicant is seeking approval for mitigation of an offsite violation.
          Fred Cimato was present.
          Councilman Bylewski said this is a result of an Army Corp of Engineers recommendation. He wonders why the mitigation is not for the site that was violated and was a timetable set for completion. Mr. Cimato said it was suggested that they do it at this particular site. The violation occurred on the block between Harris Hill and Shimerville.
          Councilman Weiss said he believes it should be done on the site that was affected. Mr. Cimato said they did not create the problem; the State did it by forcing the water through the pipe. Councilman Weiss said he does not understand why they would have to mitigate a violation that they did not commit. Mr. Cimato said they sat down and discussed the situation with them and said they would do it at their suggestion.
          Councilman Bylewski said he believes the mitigation should be done on the site at which it occurred and he understands that it has to be taken care of. He is not comfortable approving this tonight with a pending project. If the Army Corps said it could not be mitigated near the Woodland Hills area, he believes it should be reviewed in conjunction with the project. Town Attorney Steven Bengart said it may be taken care of easily if we had something from the Army Corps in writing. Mr. Cimato said his environmental engineer should have something.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to table the request by Cimato Enterprises for a Clearing, Filling and Grading Permit for off-site wetland mitigation on Greiner Road, east of Shimerville Road. Upon roll call Ayes: All; Noes: None. Motion carried.

Garth Davis requests review of existing Temporary Conditional Permit for automotive sales at 5945 Goodrich Road. James Callahan said the location is the east side of Goodrich Road, south of Clarence Center Road consisting of approximately .42 acres zoned Traditional Neighborhood District. The existing permit is to allow for vehicle sales with no display or advertising. The review is for violations of the conditions.
          Supervisor Hallock said she received a communication that Mr. Davis was unable to attend again this evening.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a public hearing for Wednesday, October 11, 2006 at 7:50 p.m. to consider rescinding an existing Temporary Conditional Permit for automotive sales at 5945 Goodrich Road. On the question, Councilman Bylewski said we would like the applicant to be present, but given the violations we can set the public hearing. Supervisor Hallock said this is the second time he was unable to be here. Upon roll call Ayes: All; Noes: None. Motion carried.

Lakeside Industrial Business Park requests a determination on the setback of previously approved project on County Road, west of 6660 Goodrich Road. James Callahan said the location is the south side of County Road, west of Goodrich. Concept Plan Approval was granted November 30, 2005 and Development Plan Approval was granted on June 28, 2006. The applicant is seeking clarification and approval of the required setback from the adjoining agricultural use.
          John and Brad Braddell were present. John Braddell said the concern is with the recommendation of 100 ft. setback. The industrial park zoning laws call for a 25 ft. setback. They would be willing to compromise with the Town Board or the Kirks who own the property. The Town Board was willing to look at a compromise, but at that time he was unable to discuss it without the future owners being present.
          Councilman Weiss said he believes we could make a compromise, since the Right-to-Farm Committee recommended a 25 ft. setback. Councilman Bylewski said it was mentioned in the work session to have a 70 ft. greenspace buffer where nothing would exist. Once you hit the pipeline, it would be 100 ft. going down. He asked if that is what is being proposed.
          John Braddell said no. He suggested that the one area remain at 25 ft. and at a certain point it would go to the 100 ft. to the property line along where the Kirks home and barns are. They had originally talked about a 25 ft. buffer with a berm along the entire property line. It was not acceptable to them. Mr. Braddell would consider doing that in the 25 ft. buffer area. They want the whole 100 ft. along the property line.
          Supervisor Hallock said the 100 ft. would include the road. Councilman Bylewski said the proposed road would be within the 100 ft. Councilman Casilio said the closest building would be 100 ft. away.
          James Callahan said the question is the interpretation of the Town Board's previous approval of the Development Plan. The interpretation by the applicant of the mini-storage facility was that the 100 ft. setback was to buildings. They presented a plan to the Planning Board that was a 100 ft. setback from the building, but encroached into the 100 ft. greenway with a road of approximately 30 ft. The interpretation to make is if it is 100 ft. setback or 100 ft. greenbelt.
          Councilman Casilio said if the Kirks are asking for 100 ft., then being in the Industrial Zone they should not have anything in a 100 ft. area either. He wishes that they would have been a little more cooperative. John Braddell said it is their residence, but they are also running a commercial stable. Councilman Casilio said the gasline helps in giving them a huge buffer.
          Councilman Kolber said 25 feet is too close. He thinks the 70 ft. to the road is alright as long as there is a woodland buffer all the way around. It would screen the buildings. A living fence would enhance the whole project. Councilman Casilio seconded that. Councilman Kolber said his only concern is who will determine the composition of the living fence.
          Town Attorney Steven Bengart reminded the Board that the issue at hand is for an interpretation of what was already passed, which is 100 feet.
          Councilman Bylewski said the first condition of the approval was "Subject to 100 ft. buffer along the west property line." His interpretation was that it was to be an untouched greenbelt with no structure of a roadway or building. He thinks the 70 ft. compromise may be the way to do it.
          Motion by Councilman Kolber, seconded by Councilman Casilio that the interpretation is a 100 ft. setback from the property line and that a driveway or paved area could extend to within 70 ft. of the property line providing that it is sufficiently shielded by berming or a living fence, pending Landscape Committee and Engineering Department approval.
          On the question, Councilman Casilio said his interpretation a month ago was that the building was going to be 100 ft. and a driveway for fire access was a part of that. Then you would be 125 ft. or so. Councilman Bylewski said the difference is between a buffer and a setback. Councilman Casilio said they are willing to do a berm to compensate. Supervisor Hallock said Mr. Kirk did not want to do that. John Braddell said Mr. Kirk felt a berm would be a detriment to the drainage. Councilman Casilio said we could add pending engineering approval.
          Mr. Braddell said he would like to move forward as long as the road can be within the 100ft. It is for fire access.
          Mr. Kirk asked if the Town Board is now reversing the previous decision. Supervisor Hallock said it is still 100 ft., but will include 30 ft. of roadway. Mr. Kirk said a berm is out of the question, but he would be okay with trees or something. Councilman Weiss said they do own a sod farm and he is sure they understand drainage. They will work with our Engineering Department.
          Councilman Bylewski said if we are determining that a roadway can be within the buffer, he disagrees with the interpretation. If we are changing the conditions, that is something else and he would be willing to entertain that.
          Town Attorney Steven Bengart said he understands the motion is to establish the interpretation to be that no building will be closer than 100 ft., however, a roadway could be up to 70 ft. of the property line and an additional condition that did not exist previously, that living fence or trees of some sort to be placed as a buffer, subject to Landscape Committee and Town Engineer approval.
          Upon roll call Ayes: Councilmembers Casilio, Kolber, Weiss and Supervisor Hallock; Noes: Councilman Bylewski. Motion carried.

Roll Industrial Business Park requests Concept Approval for a Public Road Industrial Business Park at 8570 Roll Road. James Callahan said the property is located on the north side of Roll Road as an extension of Harris Hill Road consisting of approximately 29 acres zoned Industrial Business Park. The Planning Board recommended approval of the concept with the development of private roads at public road standards.
          Nick Piestrak said the road is to be a continuation of Harris Hill Road. In discussion with the fire company, they would prefer a public road.
          James Callahan said they received a comment from Amherst Fire Control stating that "the issue of private versus public road would not impact addressing the plan, but would be consideration for private fire hydrants and their maintenance. Public versus private snowplowing, road maintenance and fire hydrant maintenance would be a concern for public safety."
          Town Attorney Steven Bengart said he believes the concerns are much greater for an industrial area.
          Councilman Casilio asked if they owned the property at the end of the road. Mr. Piestrak said they have an option, but they are waiting to see how the industrial uses go. They have the potential ability to make a connection to Newhouse Road.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Town of Clarence Planning Board has approved a concept plan for the proposed Roll Road Industrial Business Park; and
          WHEREAS, the proposed development identifies a public road extension of Harris Hill Road as a part of the long range plan for the area, and
          WHEREAS, the applicant is seeking public road dedication for extended Harris Hill Road as a part of the development plan approval for this project; and
          WHEREAS, the Planning Board is recommending that the proposed Harris Hill Road extension remain private until such time that a further extension is contemplated or when a business is established within the park, and
          WHEREAS Amherst Fire Control has forwarded a comment that would allow for a private street named Harris Hill Road; and
          WHEREAS, Amherst Fire Control has a concern over fire hydrant and road maintenance with private roads within the park.
          NOW THEREFORE BE IT
          RESOLVED, that the Clarence Town Board approves the concept for the proposed Roll Road Industrial Park with public roads.
          On the question, Councilman Bylewski said he recalls that the Planning Board recommended a private road until a further extension is proposed.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Clarence Center Vol. Fire Company requests a determination under SEQRA for a Demolition Permit at 9425 Clarence Center Road. James Callahan said the structure proposed for demolition is greater than 50 years old in the Traditional Neighborhood District. The action is considered a Type I Action under SEQR and the Town Board as lead agency is required to make a determination.
          Dan Loudenslager was present representing the fire company.
          Councilman Weiss feels this is demolition through negligence. They had the opportunity to maintain the building years ago. He believes they should be more concerned with protecting the public than building new buildings. The salaries in Western New York are not keeping up and people are losing their jobs. He thinks our firemen do a great job and he has no problem with putting money into manpower. He concurs with the Historical Society that it should not be torn down because of the history.
          Dan Loudensalger said the building being built is not being paid for with tax dollars. The building is a training center to train on site. Stage two is a two-story with ventilation and a smoke house. He would appreciate if Mr. Weiss would come and talk to them before making comments. The money being used is from the Labor Day Picnic.
          Councilman Bylewski said they are proposing to demolish a building and build another building on their property. He asked where the new building is going to be as he is trying to address any issues of segmentation. Mr. Loudenslager said it will be built on the other side of the creek near the demolition derby pit. They did apply for a building permit. Councilman Bylewski said they would have to come to the Town Board for architectural style because it is in the Traditional Neighborhood District. Mr. Loudenslager said it is not on the road frontage.
          Councilman Bylewski asked what they propose to do with the land where Williams Hall is now. Mr. Loudenslager said for now it would be a parking lot with some greenspace. With the rate of growth of the district, they will have to add on to the fire hall in the future. This is all part of their long term plan. The Williams Hall block from the building will be placed in the park area.
          Councilman Kolber said the building is not architecturally beautiful, but it is a part of the character of the community. The resolution determined under SEQR is to make a recommendation as to whether this would substantially impact the environmental significance of the community. He has never had a problem with what the fire company does. They are struggling with supporting the fire company or supporting the character of the community.
          James Callahan said a Positive Declaration would identify that there is a significant impact and it would trigger an environmental impact statement to be prepared. It identifies the impacts on the community and how it could be mitigated through various alternatives to the one proposed.
          Councilman Bylewski said the mitigation they are proposing is to put a plaque or marker of some sort to memorialize Williams Hall. One thing that came out of the Historic Preservation Committee is that it has been considered as an acceptable form of preservation. If we issue a Positive Declaration, what else could we receive through the environmental review process? Is there something that we are missing or is it better to be safe than sorry?
          James Callahan said he does not know what else could be determined in terms of the historical significance. Councilman Bylewski said he is a strong proponent of historic preservation, he just does not know what else can be done that has not already been addressed.
          Councilman Weiss said he is concerned that people are looking at these big, new fire halls and then they get their tax bills. Some of the firemen say there are not enough people to man the equipment that they do have. We should be looking at more ways to economize. He has no problem putting money into men for LOSAP or anything like that, but buildings that need maintenance are costly. We do not have big fires like we used to.
          Dan Loudenslager said the reason we do not have as many fires is because of the advance programs being done in the schools. The Town is allowing the size of houses to be built that they cannot fight with regular equipment. No one should talk about mutual aide until you have been there.
          Councilman Casilio said in regard to a Traditional Neighborhood District, some of the goals are to encourage the reuse of existing structures; discourage demolition of existing structures that pose a significant historic or other element of character to the districts and to accomplish and continue a sense of community. When this building is gone, it is gone. The new structure may not fit in with the Traditional Neighborhood Design.
          Mr. Loudenslager said it would be an addition to the fire hall. It is the only way they can move. Councilman Casilio asked if they were anxious about removing this building because of any possible pending new laws concerning historical structures. Mr. Loudenslager said yes they would like to get it down so they can finish the project that was started. In order to make this a viable building for them to use, it would cost in excess of $370,000 to redo it. The proposal was to raise the second floor and put bays on the west side to utilize for storage. If it was an attractive building, he would be the first to want to save it. Councilman Casilio said there is an obvious value to the building regardless of what it looks like. He understands that there was a majority vote of the fire company to tear it down.
          Supervisor Hallock said part of the Positive Declaration is to explore alternative mitigation. Councilman Casilio said he is just looking for a compromise. The purpose of the Traditional Neighborhood District is to preserve what is there.
          Mr. Loudenslager said they were working with an individual who was looking to move the building to turn into his homestead. It was too cost prohibitive.
          Councilman Casilio asked if it would help if they were given a 5-year window of opportunity on the building. Mr. Loudenslager said no, he is not willing to put money into it.
          Councilman Bylewski asked Mr. Callahan if we have strictly complied with SEQR regarding the review process and given this permit a hard look. Mr. Callahan said yes. He also asked if the fire company is committed to memorialize Williams Hall on the site. Mr. Loudenslager said yes and he is a member of that committee.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Clarence Town Board is Lead Agency in the matter of a demolition permit for the Clarence Center Volunteer Fire Company for Williams Hall; and
          WHEREAS the Town of Clarence Environmental Quality Review Committee has failed to make a majority recommendation on the matter of environmental significance related to the proposed demolition; and
          WHEREAS, the Clarence Town Board must determine the impact upon the community related to the demolition of Williams Hall.
          Now Therefore be It
          RESOLVED, that it is determined by the Clarence Town Board that a Positive Declaration be issued on the proposed demolition, identifying that more detailed information be gathered related to the historical significance of the structure and its impact upon community character.
          On the question, Councilman Casilio asked if this application would be grandfathered in relation to any new preservation laws. Town Attorney Steven Bengart said he is not sure at this point and would have to look into it. Councilman Kolber said he believes it would have a serious impact on the community just from the comments he has received from people. Councilman Bylewski asked what the next step is for the applicant. James Callahan said scoping may not be necessary and is not absolutely required. It needs to be determined what impacts on the character of the community and what alternatives there are to what is proposed.
          Upon roll call Ayes: Councilman Casilio, Kolber, Weiss and Supervisor Hallock; Noes: Councilman Bylewski. Motion carried.
          Dan Loudenslager asked what their next step is. He was told this was it one way or the other. The environmental committee could not make a decision because they did not have a quorum.
          James Callahan said a Draft Environmental Impact Statement has to be prepared by the Town Board, as Lead Agency, identifying alternatives to the issues.

KLH Holdings requests Minor Subdivision Approval to create three additional residential building lots at 6435 6455 Strickler Road. James Callahan said the location is the east side of Strickler Road, north of Keller Road. A variance was received from the Zoning Board of Appeals for the corner lot to allow reduced frontage.
          Charles Kelkenberg was present. Upon discussion, it was determined that the correct addresses are 6375 6415 Strickler Road.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that after thorough review of the application and the determination that the proposed action is in compliance with the adopted Master Plan 2015 Local Law, a Negative Declaration is issued for a Minor Subdivision to create three additional residential building lots at 6375 6415 Strickler Road. 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 approves and grants the request of the applicant, KLH Holdings, for a Minor Subdivision by approving the splits as presented creating 3 building lots at 6375 6415 Strickler Road for single family homes and based upon the action of the Zoning Board of Appeals, to allow a reduced sized corner lot and front yard setbacks.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Clarence Girls Swim Team Sept. 28, 2006; B. Clarence Hollow Association Nov. 18, 2006; C. Clarence Soccer Club Nov. 18, 2006; D. Garden Friends of Clarence 2nd Wednesday each month 2007; E. Clarence High School Track Team Nov. 13, 2006; Mar. 6 & Jun. 11, 2007; Legion Hall Applications A. Susan Fracasso Sept. 16, 2006; B. Jacklyn Dec Sept. 23, 2006; C. American Legion Auxiliary #838 Sept. 26, 2006; D. Louise Hannon Oct. 1, 2006; E. Diane Palmeri Oct. 8, 2006; E. Girl Scout Troop 507 Oct. 29, 2006; Nature Center Application - A. Clarence Contemporary Club Sept. 19, 2006. On the question, Councilman Bylewski said that while some members of the Town Board are also members of various organizations, this is a ministerial action and he will be voting. 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 7, 2006 are approved for payment: General Fund - $179,195.56; Highway Fund - $20,984.69; Water District - $33,531.59; Sewer Districts - $85,200.00; Capital Fund - $216,618.51; and Trust & Agency 203 - $1,287.50 for a total amount of $536,817.85. Upon roll call Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Pat Powers said it has come to her attention that a scoping session is planned for next Monday evening at 5:30 p.m. She does not care who runs the meeting, but does not feel it is an appropriate time for all of the people who would want to attend. It is for one of the biggest projects to come before the Town in a while. She feels it would be in the best interest of the Town to have it at a more convenient hour.

Councilman Bylewski said it was set to meet a deadline. We could also hold multiple sessions.
          James Callahan said there is a time constraint. However, it is open for 30 days to receive comments through October 16, 2006.

Fred Cimato said it just cost the Town more money by not allowing the fire company to go forward and memorialize the site. It is going to cost money to take down the building. It is for the health and safety of the community. It is an ugly building too close to the road. He does not think a positive declaration should have been issued. It will cost the Town money by not looking into the future and how this Town should grow in a positive way.

There being no further business, Supervisor Hallock adjourned the meeting at 10:33 P.M. in memory of NYS Trooper Joseph Longobardo, and also on this 5th anniversary of 9/11, all of the victims of that tragedy.

Nancy C. Metzger
Town Clerk