09/22/04


A Work Session of the Clarence Town Board was held September 22, 2004 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 Member’s Scott Bylewski, Joseph Weiss and Bernard Kolber. Councilman McPherson was absent. Other Town Officials present were Deputy Supervisor Anne Case, Director of Community Development James Callahan, Town Attorney Steven Bengart, Senior Building Inspector David Metzger and Town Engineer Joseph Latona

Director of Community Development James Callahan

Formal Agenda items

Comprehensive Zoning Law and Map update:

The Planning Board has forwarded a recommendation to the Town Board to initiate the adoption process on the forwarded Draft #5 of the Zoning Law and Map revisions. A Public Hearing will be scheduled for October 27, 2004 @ 7:45 P.M.

Waterford Village LLC

Applicant is seeking Site Plan approval for Phase II of Waterford Commons and Phase II of Waterford Estates. Phase II of the Commons represents development of approximately 1000’ of Shannon Court and 600’ of Monaghan Lane and would involve 32 lots. Phase II of the Estates represents development of approximately 1600’ of Corinne Lane, 550’ of Curry Lane and 100’ of Wexford Manor and would involve 33 Estate lots.

The Erie County Health Department has issued approvals for the sewer and water line extensions. The Town Engineer has forwarded a recommendation on the submittal. The Town Planning Board has forwarded a recommendation with conditions including setbacks and design elements as originally forwarded by the Planning Board in 2003.

Town Attorney Bengart stated that he is still working on the easement relative to the bike path; he is waiting to hear from NYSEG.

Tracy Phillips 9395 Main Street

Applicant is requesting approval to add a hair salon to the existing automotive repair facility located on .9 acres in the commercial zone. The proposed site is located on the south side of Main Street, between Thompson Road and Goodrich Road. Adequate area exists to accommodate parking. The compatibility of the uses should be explored to ensure that parking does not become an issue.

Excavation Permits – annual renewals

Per the Excavation Law, the applicants are applying for their annual permit to remove materials. All bonds, tax bill receipts, DEC permits and maps have been received and are in order for Buffalo Crushed Stone, Clinton Excavating, Emeritus Holdings and Lakeside Sod.

Work Session items for consideration at the 10/13/2004 Meeting:

Forbes-Carpretto Homes 8241 Sheridan Drive

Applicant is requesting approval to place an off-premises real estate sign to advertise Roxberry Estates Subdivision on the corner of Sheridan Drive and Helenwood. The only mechanism for allowing an off-premises real estate sign would be a Temporary Conditional Permit. Concerns from adjoining property owners and neighbors have already been forwarded.

Sandy Baker 6215 Goodrich Road

Applicant is requesting approval to add a hair salon to the existing residential unit and create parking to accommodate the new use. The proposed site is located on the east side of Goodrich Road, south of Building & Engineer Departments in an existing single-family residential unit located on .27 acres in the Commercial Zone.

Supervisor Kathleen Hallock

At the September 15, 2004 Work Session, Supervisor Hallock presented a request from Rich McNamara of the Erie County Sno-Seekers regarding use of an area along Memorial Park for a snowmobile route. The area in question would be on the grass, not on the bike path. Their trail runs from the bike path north through Rothland’s Golf course. Mr. McNamara presented a letter to the Town Board from Rothland’s indicating that they have no issues pertaining to the Erie County Sno-Seekers.

At the September 15, 2004 meeting, Councilman McPherson stated that we have received complaints of snowmobiles running on the bike path damaging the blacktop.

Town Engineer Latona stated that the area in question has paved handicap paths at the crossings. Rich McNamara stated that they have in the past applied wide rubber belts to the crossings to protect the blacktop before the season begins. He will bring this up to the other members on his board to see if they would be willing to do this. The association will install signs and put up barrels at certain locations to keep people off the bike paths.

Town Attorney Bengart asked if the association could provide insurance indicating that they hold the Town harmless for any damage.

6:20 P.M. Councilman Kolber arrived.

Mr. McNamara spoke with Parks Crew Chief John Burns, Deputy Highway Superintendent Ted Donner and Town Engineer Joseph Latona and they had no problem with the Sno-Seekers using the trail along the bike path.

Rich McNamara will present the Town Board’s comments to the Erie County Sno-Seekers and report back.

Supervisor Hallock will announce that the Town received donated playground equipment from the Eastern Hills Sunrise Rotary.

Supervisor Hallock will announce a pre-construction meeting on Thursday, September 23, 2004 regarding the reconstruction of the Lapp Road bridges.

All the elected officials have donated items for the Meals-on-Wheels gift basket.

Supervisor Hallock will make a motion to appoint Director of Community Development James Callahan Affirmative Action Officer for Clarence. This was last done in 1998.

Supervisor Hallock received information from the Town of Hamburg supporting programs, incentives and initiatives that will protect farm land.

Supervisor Hallock has a resolution for ORPS (Office of Real Property Services) in conjunction with the six year reassessment program.

Supervisor Hallock received a letter from the president of the White Collar Union, they are going to begin opening up negotiations for their contract.

There was a discussion regarding the demolition of the barns at Salt and Greiner Roads. Senior Building Inspector David Metzger received notification from the DEC that the buildings can be demolished and buried on site. Dave Metzger stated that there are several options, the Highway Department could do the work or a contractor could be hired to do the work. A contractor could hire a subcontractor to take out the beams and anything salvageable but this would hold up the demolition process. Town Engineer Latona stated that as soon as you get selective about dismantling the buildings, the longer it will take and there are safety issues to consider. The work will have to begin before the winter months. Town Engineer Latona will speak to the Highway Department.

On October 6, 2004 Andree Rebeck from NYS Office of Parks, Recreation and Historic Preservation will speak at the Work Session at 9:00 A.M. She mainly deals in certified local government programs. Andrea will return on Monday, October 18, 2004 @ 7:00 P.M. for a public meeting with a representative from Albany to talk about other possibilities.

Supervisor Hallock has a correction to the minutes.

Supervisor Hallock forwarded her concerns about the advertisement signs hanging on the fence at the baseball diamonds to Councilman Kolber, Parks Liaison. Some are falling off and should be taken down.

No new Ethics Committee applications were received as of today.

Supervisor Hallock has a Resolution requesting the NYS DOT to add the Ransom Road pedestrian bridge concrete reinforcement abutment project to the current Town of Clarence Betterment Agreement and that the Town submits to the NYSDOT the estimated project cost of $60,000. The abutments will be constructed by the NYSDOT this year and the 150’ pedestrian bridge supplied and installed under the NYS DOT project.

The bridge will arrive next week. Cold Spring Construction will do the work. The bridge comes in three 50’ pieces and will be assembled on the ground.

Supervisor Hallock had questions regarding responsibility for repairing sidewalks. The Town Code stated that no sidewalk shall be repaired until a written permit is obtained from the Town Clerk’s Office. She has received two requests for repairs on West Avenue and Goodrich Road. Town Engineer Latona stated that approximately four years ago a major sidewalk replacement program took place in Clarence Center using grant money. We have no one to enforce the law and have set a precedent by replacing the damaged sidewalks in Clarence Center. Councilman Kolber suggested giving people the option of the Town bidding the project and do the work for them or they can do it on their own and if it is not done within a certain time frame, it will be levied on your tax bill. According to the Sidewalk Ordinance, the resident can not begin repairs on their sidewalk until they obtain a permit from the Town Clerk. Supervisor Hallock stated that this will have to be reviewed again.

Supervisor Hallock has one item to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski has a correction to the minutes.

Once again, Councilman Bylewski will remind everyone of the tabletop exercise on Saturday, October 9, 2004 from 8:00 A.M. until 12:00 P.M. It will be scheduled as a Work Session and then a motion will be made to go into Executive Session under § 105 (1) A matters which will imperil the public safety if discussed.

Councilman Bylewski has received the Amherst Central Fire Alarm Report for August.

The Municipal Review Committee has forwarded a recommendation to proceed with the adoption of the Town of Clarence Type I Action. A Public Hearing will be scheduled for October 27, 2004 at 7:50 P.M.

Assistant Director of Community Development James Hartz and Planning Board member Tim Pazda request Town Board approval to attend the annual NYPF Conference at Lake Placid.

Councilman Bylewski will announce the Planning Board SEQRA recommendations on various projects.

Councilman Bylewski attended a Soccer Board meeting. Several items were discussed in particular field usage. The Soccer Board would like to be included in any meetings where the Town Board discusses any limitations that will be placed upon usage of the soccer fields in the future. This will ensure better communication between the Town Board and the Soccer Board. Another issue discussed is that someone appears to be driving across the soccer fields. Previously, they witnessed an individual doing it, this time they only seen tire tracks. The Soccer Board is also requesting that the flag be taken down in the evening; Sherry Frost will provide lockbox information to the Parks Department.

Councilman Bylewski will comment on the Length of Service Award Program for Swormville VFC and the sewer situation with the Town of Amherst.

Councilman Bylewski has two items to discuss in Executive Session regarding public safety and matters leading to the appointment of an individual.

Councilman Joseph Weiss

Councilman Weiss will announce a public workshop on September 30, 2004 regarding Buffalo Niagara International Airport Noise Compatibility Study.

Councilman Bernard Kolber

Councilman Kolber received a call from Dave Stephan from Clarence Soccer House League questioning the Town’s position on managing the soccer fields. Councilman Kolber assured Mr. Stephan that the Town does not want to micromanage the soccer fields however, he expressed the Town’s concerns about the use of the fields especially those that were damaged during the last tournament. Mr. Stephan stated that the Soccer Club is concerned about the condition of the fields as well, during the last rain storm the games were called even though he received complaints from many of the parents. During the tournament, the games could not be cancelled because they had many teams coming from out of state.

Councilman Bylewski has suggested to the Soccer Club that they and the Town Board sit down and iron out some of the issues; it would be an appropriate time to review our agreement with them.

Councilman Kolber stated that there are several issues with the Library. The water leaks that they have been having have caused significant water damage to the inside of the building. The drywall is saturated and is starting to sag. Councilman Kolber is suggested emergency repairs be done and documented before it gets much worse. The name plate on the front of the building is about to fall off. Town Engineer Latona stated that the Library calls the Parks Department to fix whatever repairs they can. Councilman Kolber stated that we have to mitigate any on going problems.

Councilman Kolber received a call from Donald Newman on Hollingson Road. Mr. Newman has concerns with the extension of Spaulding Lake. No one notified him of the blasting that is going on. Mr. Newman is concerned about the construction vehicles driving through this area to get to the extension. Mr. Newman also questioned the naming of the street Director of Community Development James Callahan said that would be addressed during Final Plat Approval, the Town has option to name street.

Councilman Kolber attended the Historical Society meeting; they are working on a history book for the Town. They are interested in anything going on pertaining to historic preservation they want to do what ever possible to keep historic Clarence for future generations.

Councilman Kolber has one correction to the minutes.

Councilman Kolber is still reviewing whether or not the Town should go with one Disposal Company. Mainly the Senior Citizens are opposed to going with one company, they are afraid they will loose their discount. Councilman Kolber has spoken to CID Waste-Management.

Supervisor Hallock stated that we have to be sure the vendors are going to pickup everything.

Councilman Kolber suggested everyone write down their questions and concerns and he will take them to the vendors.

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 appointment of a particular corporation and the appointment of an individual, §105(1) A matters which will imperil the public safety if disclose, § 105(1) D proposed litigation. Upon roll call - Ayes: All; Noes; None. Absent: Councilman McPherson. Motion carried.

There being no further business, the meeting adjourned at 7:02 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Weiss to adjourn the Executive Session at 7:20 P.M. Upon roll call - Ayes: All; Noes: None; Absent: Councilman McPherson. Motion carried. No action taken


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, September 22, 2004 at the Clarence Town Hall, One Town Place, Clarence, and New York.

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

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held September 1, 2004. On the question, Supervisor Hallock had a correction on the first page, third paragraph – “The Parks Department budget is $1,000,067”, should be $1,670,187. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to accept the minutes of September 8, 2004. On the question, Councilman Kolber made a correction on page 309, “This means that the affluent will…”, should be effluent. Councilman Bylewski made a correction to page 310 – The Amherst Town Engineer is quoted in the Bee as saying, “some things that should not have been charged were to the Town of Clarence.” The last part (to the Town of Clarence) should be in brackets. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to name Director of Community Development James Callahan as Affirmative Action Officer for the Town of Clarence. On the question, Supervisor Hallock said the Affirmative Action Officer is a person who should be knowledgeable of Federal and State fair housing laws, be available to respond to local housing discrimination complaints, and when appropriate, refer such complaints to Housing Opportunities Made Equal (HOME) or the U. S. Department of Housing and Urban Development for investigation. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:

Be It Resolved, that the Clarence Town Board authorizes the Supervisor to sign a contract between the Town of Clarence and GAR Associates, Inc. for Professional Services to provide professional appraisal and consulting services for the purpose of annual reassessments support per the terms and conditions of the Contract and addendums as approved by the Town Attorney.

Uponroll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:

Whereas, in 1999, the Town of Clarence entered into a six year program with the State of New York to maintain annual assessments; and

Whereas, by maintaining assessments at market value each year, municipalities can consistently receive an equalization rate of 100; and

Whereas, maintaining the level of assessments at market value eliminates unfair assessments and the “sticker shock” that taxpayers experience when assessments are adjusted after years of neglect; and

Whereas, the Town is reimbursed by New York State for maintaining 100% values at a rate of $5 per parcel; and

Now Therefore Be It Resolved, that the Clarence Town Board approves entering into an additional six-year program with New York State, which will run from 2005 to 2010 and authorizes the Supervisor to sign the Annual Reassessment Plan.

Uponroll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution requesting the New York State Department of Transportation (NYSDOT) to add the Ransom Road Pedestrian Bridge Concrete Reinforced Abutment Project to the current Town of Clarence Betterment Agreement and that the Town of Clarence submit to the NYSDOT the estimated project cost of $60,000. Supervisor Hallock said the abutments will be constructed by the NYSDOT this year and the 150 ft. pedestrian bridge supplied and installed under the NYSDOT project. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Supervisor Hallock announced that a pre-construction meeting for the Lapp Road bridges is scheduled at Erie County for Thursday, September 23, 2004 and completion is anticipated for the middle of December.

Supervisor Hallock said she attended a dedication this morning at Parker Commons for ADA compliant playground equipment that was donated by the Eastern Hills Sunrise Rotary Club. We are very grateful for that donation.

Supervisor Hallock announced that a public hearing will be held regarding preliminary design for reconstruction of Route 78 by the NYSDOT on Wednesday, September 29, 2004 between 3:30 and 8:00 P.M. The work will take place from the I-90 interchange to Route 5. The Design Report and Environmental Assessment is available in the Supervisor’s office.

Supervisor Hallock announced that an informational meeting will be held at the Town Hall on Monday, October 18, 2004 at 7:00 P.M. for a review of historical properties and different designations. There are certain things that we can do to protect historical properties. Everyone is welcome to attend.

Councilman Weiss announced that there is a meeting scheduled regarding the Buffalo Niagara International Airport Noise Compatibility Study on Thursday, September 30, 2004 from 6:00 to 8:00 P.M. at the Maryvale High School complex, 1050 Maryvale Drive in Cheektowaga. He suggests that our residents who are impacted by the noise attend this meeting to voice their concerns.

Councilman Bylewski announced that a disaster training and table top exercise will be held Saturday, October 9, 2004 at 8:00 A.M. to 12:00 Noon. It will be conducted under an executive session for matters regarding public safety.

Councilman Bylewski received the Central Fire Alarm Operations Report for August 2004. Town of Clarence fire companies responded to the following: Miscellaneous fires – 6; EMS calls – 93; Motor vehicle accidents – 20; and Miscellaneous calls – 31 for a total of 150 alarms.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for October 20, 2004 at 7:50 P.M. to consider adoption of an amendment to the Town of Clarence Type I Action List. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried. [Amended to October 27, 2004 at 7:50 P.M.]

Motion by Councilman Bylewski, seconded by Councilman Kolber to grant approval for James Hartz and Tim Pazda to attend the New York Planning Federation Annual Conference at Lake Placid from September 19 – 22, 2004 including all reasonable and necessary expenses and use of a Town vehicle. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that upon recommendation by the Planning Board and in accordance with the State Environmental Quality Review Act, a Negative Declaration is issued on the proposed Curtis Swanton Commercial building located at 9595 Clarence Center Road. This Unlisted Action involves the construction of a 2,592 sq. ft. commercial building in the Commercial Zone. After thorough review of the submitted site plan and Environmental Assessment Form, it is determined that the proposed project is consistent with Master Plan 2015 and zoning and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning Board and in accordance with the State Environmental Quality Review Act, a Negative Declaration is issued on the proposed Summit Federal Credit Union located at 5641 Transit Road. This Unlisted Action involves the demolition of existing structures and the construction of a new 4,660 sq. ft. credit union in the Major Arterial Zoning classification. The proposed project will utilize existing access from Transit Road and much of the existing stormwater facilities previously developed on the site. After thorough review of the submitted site plans and Environmental Assessment Form it is determined that the proposed project is consistent with local zoning requirements and Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and in accordance with the State Environmental Quality Review Act, a Negative Declaration is issued on the proposed Town of Clarence Zoning Law and Map amendments. This Type I Action involves the adoption of a comprehensive update to the Town Zoning Law. After coordinated review of involved agencies and a thorough analysis of Parts 1 and 2 of the developed Environmental Assessment Form (EAF) and including development and thorough analysis of an expanded Part 3 EAF, the Municipal Review Committee has identified that the proposed action is consistent with the adopted comprehensive Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and in accordance with the State Environmental Quality Review Act, a Negative Declaration is issued on the proposed Visone 4-Lot Open Development area located at 4640 Goodrich Road. This Unlisted Action involves the construction of a 4-Lot Open Development Area in the Agricultural Zone. After thorough review of the submitted site plan and Environmental Assessment Form, including coordinated review and the identification of segmentation requiring that other adjoining lands owned by the applicant must complete full environmental reviews under SEQRA, including reopening this project’s Environmental Assessment Form at a point when or if more definitive information is available to undertake a thorough review of potential impacts, it is determined that the proposed action is consistent with local zoning and the adopted Master Plan 2015 and will not have significant impact upon the environment. On the question, Councilman Kolber said he will recuse because this property adjoins his. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Absent: Councilman Ian McPherson. Motion carried.

Councilman Bylewski said for the 11 th time since we have been under the moratorium, he will turn to Director of Community Development James Callahan for an update on the action items being worked on.

James Callahan said the Planning Board has forwarded a recommendation to proceed with adoption of the draft zoning law and map update. As just reported, a Negative Declaration was issued under SEQRA as recommended by the Municipal Review Committee.

The Planning Board has initiated review of a draft subdivision law and placed it on their agenda for Sept. 29, 2004.

An initial memorandum concerning levels of service and implementation of an adequate public facilities law is forthcoming from Freilich, Leitner and Carlisle along with Planning Works LLC.

A parks and recreation master plan will be initiated shortly as the contractual review has been completed.

The Planning and Zoning Department is reviewing possible updates to the landscape law.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Timothy Pazda as a Planning Board member to fill the vacancy left by Reas Graber. On the question, Councilman Bylewski said this appointment is after a review and interviewing process of the applicants. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint George Van Nest as an Alternate Member of the Planning Board. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Councilman Bylewski said two weeks ago he asked the Town of Amherst to be fair by providing documents we have a right to under our sewer agreement to ensure that we pay only what we owe, and for Amherst to pay its fair share of the awards program for volunteer firefighters. As of today, Amherst still decides not to be fair. They voted unanimously to cut off sewage treatment services to the Town of Clarence, which would cause an explosive environmental event. Councilman Bylewski suggests that they stop all the nonsense and forward the documentation and pay the LOSAP bill.

Councilman Bylewski acknowledged Dr. John Akiki who was present to represent the Clarence Chamber of Commerce.

Councilman Kolber received a letter from the Board of Directors of the Historical Society in support of the policy for demolition of buildings in the Town. They are willing to have a representative serve on a committee.

Councilman Kolber said he attended the Library Board meeting and they have continuing water damage. The Town Engineer and Town Attorney are working on that.

Councilman Kolber said he met with the soccer club regarding playing conditions of the fields after the damage over the summer. They said this does not affect anyone as much as it affects them and they will work with the Parks Department.

Public Participation

James Blum, 5509 Martha’s Vineyard spoke regarding item #11. He brought two important items that he feels the Town Board should consider as part of the revised Zoning Law. They are a residential lot coverage correction and supermajority vote for exceptions to the Zoning Law.

The residential lot coverage was 10% for two story and 15% for one story for many years. It should have been changed to 13% for two story and 18% for one story to include attached garage to keep the relationship between size of house footprint and lot size. Lot coverage was changed in May 1998 to 20% for both one and two story houses. The change represented an enormous increase in the size of two story houses allowing them to be almost twice as large as the lot size. Another option is variable setbacks related to dimensions representing the size and sale of the house to achieve the same objective. He believes the aesthetics of the house size relative to lost size is a defining issue to maintain the character of the Town of Clarence.

Mr. Blum said he believes the new law should require a supermajority vote of the Town Board for each exception to specifications for a zoned area including temporary conditional permits, special exception use permits or any other exceptions to the zoning law. New York State requires this on some exceptions, but he believes it should apply to all because of the significant effect on the “look” as well as the affect on neighbors.

Mr. Blum would like to see both of these items included in the proposed new zoning law before it is available for the public hearing.

Comprehensive Zoning Law and Map Recommendation. James Callahan said the Planning Board has completed a 5 th draft zoning law and map amendment. The law and map were prepared in conformance with the adopted Master Plan 2015. The agricultural uses are preserved outside of sewer districts. The Residential B lots as described in the current law are eliminated. The PURD districts are repealed. Open Space Design Development is created to encourage preservation. Commercial and industrial areas are expanded where there are no residential conflicts. A Traditional Neighborhood District was created to preserve and encourage a hamlet character in our traditional neighborhoods.

Councilman Bylewski said a lot of discussion has occurred regarding PURD districts and he asked Mr. Callahan to comment on that.

James Callahan said the Planning Board worked hard on several alternatives of planned development districts. The Planning Board came to the conclusion that they did not like what was going on with the current PURD classification that we were generating a high amount of commercial development within the interior of the Town. They felt on a small scale was acceptable, but the way they were being developed was going against what the PURD classification had intended. After many revisions, they determined that clustering of the open space design would allow for a mixture of housing types and traditional hamlet areas would allow for the mixed uses. The final recommendation is for no PURD developments in the Town. They identify that the existing PURD’s should remain on the zoning map and continue to be developed with their initial approvals.

Motion by Councilman Bylewski, seconded y Councilman Kolber to set Public Hearing October 20, 2004 at 7:45 P.M. to consider a Local Law establishing a Zoning Law and a Zoning Map. On the question, Councilman Bylewski said the Board discussed in the work session that at the close of this public hearing, they would provide some time to receive written comments on the proposed law for further consideration. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried. [Amended to October 27, 2004 at 7:45 P.M.]

Waterford Village LLC requests Site Plan Approval for Phase 2 of Waterford Commons and Phase 2 of Waterford Estates. James Callahan said the Development Plan Approval and rezoning for the Waterford Village PURD was granted in 2001. Site Plan Approval for Phase I of the Commons and the Estates was granted in November 2003. The applicant requests 32 lots in Waterford Commons and 33 in Waterford Estates. The Planning Board forwarded a recommendation with the following conditions: The applicant must adhere to the declaration of restrictions as agreed upon. Subject to the SEQRA findings according to the Findings Statement on the project. Subject to the stipulations of the Town Engineer. Open Space Fees. Identification of side-load garages. Initiate design of bike path by Town Board including easement across the NYSEG property. Original recommendation of Phase I approvals as previously forwarded.

Sean Hopkins, Renaldo and Palumbo said this is basically the same project that has been reviewed time and time again. He believes they have addressed all of the outstanding issues. He knows some of these decisions were made before all of the Board members here tonight were on the Board. The project is identical to the project that was previously approved. He understands some do not like the project, but he does not think there is a lot of discretion at this time.

Councilman Bylewski asked about the inventory list of all proposed side load garages before going to the Town Board? William Schutt said side load garages are a future customer option. Councilman Bylewski asked if there was any comment from the Town Engineer in this regard? Mr. Callahan said there was nothing specific in the recommendation however, each lot would have to meet minimum side yard setbacks and grading plan approval. Councilman Bylewski said we could move forward without the list of side load garages. James Callahan added that individual grading plans are submitted with each building permit and would be addressed at that time. Sean Hopkins said in some instances that will depend on what is going on next door. They will know up front if they are able to have a side load garage.

Councilman Bylewski asked how the issue of the bike path is being worked out? Sean Hopkins said he submitted a letter to the Supervisor stating that they would like that to move forward. They have agreed to donate the materials, but the Town has to do their part. It was mentioned earlier about acquiring the easement. He also received a letter from the Supervisor and will wait for further direction. They would like to have it done soon.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:

Whereas, the Clarence Town Board has discretionary authority to approve final Site Plan for PURD (Planned Unit Residential Districts),

Now Therefore Be It Resolved, that pursuant to the recommendation of the Town of Clarence Planning Board as set forth on pages 2004-135 thru 2004-136 of the Planning Board minutes, the Clarence Town Board approves Site Plan for Waterford Village for Phase 2 of Waterford Commons involving 32 lots and Phase 2 of Waterford Estates involving 33 lots subject to all the conditions as identified by the Town of Clarence Planning Board (as set forth on pages 2004-135 thru 2004-136 of the Planning Board minutes) and Town Engineer on the submittal; and

Be It Further Resolved, that the Clarence Town Board approves the Waterford Commons road dedication of approximately 1,000 feet of Shannon Court and approximately 600 feet Monaghan Lane upon approval of all documents by the Town Attorney; and

Be Further Resolved, that the Clarence Town Board approves the Waterford Estates road dedication of approximately 1,600 feet of Corinne Lane and 550 feet of Curry Lane, and 100 feet of Wexford Manor upon approval of all documents by the Town Attorney; and

Be Further Resolved that no building permits will be issued until the road deeds are filed with the Erie County Clerk’s office and proof of same is submitted to the Town Attorney’s office.

On the question, Councilman Weiss said the population of the Town must understand that we were dealt this development by the former Town Board and those people are no longer sitting here. This project is going to impact us with traffic congestion, schools and all of the other problems that go along with sprawl. It will negatively affect our quality of life. We have no recourse because of the position the previous Board put us in.

Councilman Bylewski said at the last Town Board Work Session, Councilman McPherson mentioned running the numbers through the traffic study. William Schutt said the numbers were supplied and he believes were forwarded to the Town’s consultant. James Callahan said that is part of the Findings Statement of the SEQRA review. We will have to plug in the numbers with each phase to get the level of service impacts. It is certainly the next step for this phase.

Councilman Kolber said we can’t do anything about it. Councilman Bylewski said mitigation is another issue as further impacts are identified. Sean Hopkins said they will pay on a proportionate basis.

Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Tracey Phillips requests approval of a hair salon in the existing automotive repair facility office area at 9385 Main Street. James Callahan said the location is the south side of Main St. between Goodrich and Thompson in the Commercial Zone. A Special Exception Use Permit is in force for automotive repair on the property.

Joe Pollak, owner and Tracey Phillips were present. Mr. Pollak said there will be a new door on the front with a separate entrance for the salon. He believes there is plenty of parking. There is an office in the back for the repair shop.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant a Change-In-Use for a hair salon in the existing automotive repair facility office area at 9385 Main Street, subject to meeting with the commercial building inspector. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Councilman Bylewski said it just came to his attention that the two public hearings he set for October 20, 2004 should be October 27, 2004. Town Attorney Steven Bengart said he should amend the motions.

Motion by Councilman Bylewski, seconded by Councilman Weiss to amend the previous motion to set a Public Hearing to consider a Local Law establishing a Zoning Law and a Zoning Map to October 27, 2004 at 7:45 P.M. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to amend the previous motion to set a Public Hearing to consider adoption of an amendment to the Town of Clarence Type I Action List to October 27, 2004 at 7:50 P.M. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Director of Community Development James Callahan said pursuant to the Excavation Law, the Town Board approves annual renewal of the Excavation Permits. The four applicants have provided the necessary documentation and fees.

Motion by Councilman Kolber, seconded by Councilman Weiss to grant renewal of Excavation Permits for the following: A. Buffalo Crushed Stone; B. Clinton Excavation; C. Lake Side Sod; and D. Emeritus Holdings Corp. On the question, Councilman Bylewski said this was discussed earlier and the complaints we received were more of a routine nature as opposed to anything that would impact the renewals. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Town of Clarence – Oct. 12, 2004; B. Clarence Soccer – Dec. 13, 2004; C. Clarence Concert Association – 1 st Monday each month 2005 and Legion Hall Applications – A. Diane Sliwinski – Oct. 3, 2004; B. Marsha Pfentner – Oct. 10, 2004; C. Clarence Log Cabin Quilters – Nov. 13, 2004; D. Clarence Football Boosters – 1 st Tuesday each month 2005. On the question, Councilman Bylewski said he is a member of Clubhouse Item C., however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of Sept. 23, 2004 are approved for payment: General Fund - $63,791.49; Highway Fund - $62,864.77; Water District - $130.00; Lighting Districts - $976.08; Capital Fund - $338,993.73; and Trust & Agency 203 - $7,720.97 for a total amount of $474,477.04. On the question, Councilman Bylewski said in regard to voucher #24107 for Belknap Heating & Cooling, they are a client of his firm, however it is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Ian McPherson. Motion carried.

“For the Good of the Town”

Tim Pazda, Country Club Dr. thanked the Town Board for approving his and Jim Hartz’s attendance to the New York Planning Federation Conference. They brought back a wealth of knowledge and he appreciates the opportunity. Mr. Pazda also thanked the Board for his appointment to the Planning Board.

There being no further business, Supervisor Hallock adjourned the meeting at 8:26 P.M.

Nancy C. Metzger

Town Clerk