09/26/07


A Work Session of the Clarence Town Board was held on September 26, 2007, at Clarence Town Hall, One Town Place, Clarence, NY.

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

Director of Community Development – James Callahan

Public Hearings:

West Herr Automotive Group – Eastern Hills Mall
A Public Hearing is scheduled for 7:45 P.M. Applicant is seeking approval to continue the vehicle storage operation via a Temporary Conditional Permit. The proposed site is located on the east side of Transit Road, south of Sheridan Drive in the east parking lot of the Eastern Hills Mall. Vehicles are to be parked within the striped area, no for-sale signs or banners.

Proposed Zoning Map amendments:
A Public Hearing is scheduled for 7:50 P.M. to consider zoning map amendments: 8301 – 8469 Sheridan Drive to add depth to the Restricted Business Zone and 8365 – 8655 Transit Road from Restricted Business to Major Arterial. Both changes are in conformance with the Master Plan. Councilman Kolber has a family member that has property that backs up to one of the aforementioned parcels. He will recuse himself from voting on this project.

A Public Hearing is scheduled for 7:55 P.M. to consider the Town making application to Restore NY Funding from Empire State Development for grant money in the amount of $2,500,000 for the Roll Road Commerce Park intended for creation of sewers to extend to Harris Hill.

Formal agenda items:

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

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

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

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

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

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

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

Lynn Logan – 6325 Strickler Road
The existing vacant lot split was done prior to Zoning Law adoption in 2005. The proposed split is in conformance with the Zoning Law. The proposed site is located on the east side of Strickler Road, south of Keller Road in an Agricultural Rural Residential Classification. An action under SEQRA will be required prior to acting on the proposed split.

Mark Hammister – Thompson Road/Orchid Ledge Drive
Applicant is proposing to split the lot to create two residential building lots and is further proposing a future secondary living unit on one of the split properties. The proposed site is located on the south side of Greiner Road, west of Thompson Road on vacant land consisting of 39+ acres in the Residential Single Family Zone. Preexisting frontages exist on Thompson Road and Orchid Ledge to allow legal lots. Future building permits will require variances for front yard setback, size of accessory structure and pond setbacks. Also, applicant will need a public hearing to consider a secondary living unit in the proposed main house.

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

North Forest Office Providers 6051 Transit Road
Applicant is proposing to develop a professional office complex. The proposed design will require a rezoning to accommodate office units to the rear of the parcel. The proposed site is located on the east side of Transit Road, north of Clarence Center Road, the existing property contains 9.7 acres zoned Major Arterial along the frontage and Residential Single-Family to the rear. Current structures on the property include existing car wash and former pool sales building. The use along the front portion of the property is in conformance with Zoning and Master Plan. Town Attorney Bengart stated that the plan they have to present is for the one piece only. When TEQR reviews the project, they will be looking at the inevitable build-out. When they look at the build-out they will clearly see that it does not meet zoning. Councilman Bylewski stated that the applicant must realize he may receive approval only for the front portion of this project. There is no guarantee he will receive approval for the rest of the build-out.

Work Session items:

The Turf Doctor 8910 Sheridan Drive
Applicant is proposing to construct an additional accessory structure for existing lawn care business. The existing commercial operation is located on 1.8+/- acres in the Restricted Business Zone on the north side of Sheridan Drive, east of Shimerville Road. The proposed structure meets all setbacks in the Restricted Business Zone.

Gold Seal Equity 8750 Sheridan Drive
Applicant is proposing to amend the previous approval to reduce the size of the structure from 15,000 square feet to 12,000 square feet. All other conditions of the previous Development Plan Approval to be met. The existing vacant land consists of 1+ acre in the Restricted Business Zone. Applicant received full Development Plan approval in 1999 for construction of a 15,000 square foot office building. Areas of concern include preservation of the brush area along Wenner Road to protect the residential uses on the north side of Wenner Road.

Tom Thielmann 8931 Wehrle Drive
Applicant is seeking approval to split the existing parcel to separate the existing homes on the property. No new lots are proposed as a result of the action. The proposed site is located on the south side of Wehrle Drive, opposite Shimerville Road. The pre-existing residential property consists of 10.08 acres in the Industrial Business Park Zone adjoining Buffalo Crushed Stone. The applicant is requesting the split to clear up title and financial issues on the existing multiple use on the property.

Chris Carollo 8720 Clarence Center Road
Applicant is proposing a two lot Open Development Area as well as a fill permit in advance of Development Plan. The proposed site is located on the north side of Clarence Center Road, west of Shimerville Road on a vacant residential lot consisting of 4.5+ acres in a residential classification. The Planning Board has forwarded a recommendation on the design with conditions. The pond has been eliminated. Chris Carollo has been working with Assistant Engineer Tim Lavocat regarding compliance with topsoil issues and the placement of the driveway.

Benchmark Development Inc. – Shops at Main & Transit – 4401 Transit Road
Applicant is seeking approval to develop an out-parcel. The previously approved design is being amended to reduce the overall size of the building on the out-parcel. The proposed site is located on the northeast corner of Main Street and Transit Road at existing shopping plazas located on 26+ acres in the Major Arterial Zone. The existing plaza received Development Plan approval in 2005. Councilman Bylewski asked if we ever received a response back regarding the termination of the vista for the major part of the project. Councilman Bylewski recalls Benchmark agreeing to install a water feature.

Dan Furmanek 8230 County Road
Applicant is proposing an Open Space Design Subdivision on private roads without a connection to adjoining land uses. The proposed site is located on the north side of County Road, east of Stahley Road on existing vacant land consisting of 19+ acres in the Swormville Traditional Neighborhood District. The Planning Board has forwarded the project back to the Town Board for clarification on the issues of connecting a street to the property to the north and the issue of public vs. private roads.

Steven Jurek 6285 Kraus Road
Applicant requests a Special Exception Use Permit for an in-law apartment.

Supervisor Kathleen Hallock

Several department heads will meet with a representative from Wendel next week regarding grants.

NYS Office of Real Property representative Patty Valvo will meet with the Town Board at the October 3rd morning Work Session at 9:00 AM.

Karen Jurek and Steve Flaminio will also be on the October 3rd Work Session agenda to talk about phone systems.

The Tentative Budget is due by Friday.

At the September 12, 2007 Town Board meeting, the Board denied People of Praise Special Event request for a sleepover, large fire and an artillery demonstration at the Main Street park. They have since resubmitted a scaled down request to include a demonstration of the authentic lifestyle common during the Civil War era. Town Clerk Nancy Metzger spoke to Parks Crew Chief John Burns and he was in agreement with the scaled down request.

Supervisor Hallock has received several applications for the Assessor's position.

Supervisor Hallock will make a motion to set a public hearing regarding the use of Federal Community Development Funds in the Town of Clarence.

Supervisor Hallock received a letter for Amherst Supervisor Satish Mohan regarding sewers. Town Engineer Latona stated that what Supervisor Mohan is suggesting, triples what we pay now. Town Attorney Bengart stated that he will arrange a meeting with legal counsel Joe Coniglio before responding to Supervisor Mohan's letter.

The Erie County Legislature has designated November 1 through November 30th as the annual thirty-day time period within which a land owner may request predominantly viable agricultural land for inclusion to a certified agricultural district.

Supervisor Hallock will announce receipt of a check from NYS for the bike path.

Supervisor Hallock received a letter from a Shimerville Road resident in opposition to the roundabout. The information was forwarded to Nussbaumer & Clark for inclusion in the August 29th meeting summary.

The Town had purchased voting district signs years ago when we were still running the elections. The signs were stored at Parks Department. Harris Hill VFC would like to store the signs for the districts voting in their building. Town Clerk Nancy Metzger has given permission to Parks Crew Chief John Burns to give the signs to Harris Hill VFC upon notifying the Town Board. Councilman Bylewski suggested possibly giving the signs to Erie County Board of Elections for distribution.

Supervisor Hallock will announce the resignation of Sandra Tresino, regular part time in the Town Clerk's office.

Supervisor Hallock is still working on radios as a budgeted item. Councilman Bylewski stated that after the Public Safety Committee meeting, it was discussed that if there is money in the budget this year, we should go ahead and purchase the radios for the Parks Security Department for use by the public safety volunteers.

After reviewing numerous sites, the Postal Service has decided to select the property located at 9630 Transit Road for the new East Amherst Retail Finance Station.

Supervisor Hallock has several items to discuss in Executive Session.

Councilman Scott Bylewski

The bike path volunteer presentation was very well attended. The Policy and Procedure guide specifically talks about a Volunteer Services Coordinator, Councilman Bylewski stated that it is not defined as to who that will be. Town Attorney Bengart stated that for the time being, it was determined that Chief Security Officer Joseph Meacham will be the volunteer coordinator.

Councilman Bylewski will set public hearing dates for the fire companies regarding their budget requests.

Clarence Hollow video presentation.

Councilman Bylewski will report on the building permit statistics for the month of August.

The Engineering, Legal and Planning Departments have completed the development of proposed legislation dealing with storm water, erosion and sediment control and illicit discharges. The next step in the review/approval process will be a determination under SEQRA prior to scheduling a public hearing.

The TEQR Committee is recommending a Negative Declaration on the proposed Master Plan 2015 amendments to identify sewer prioritizations.

Councilman Bylewski will make appointments to the Historic Preservation Commission. Term limits are: 1 -1year, 2 – 2year, 3 - 3year and 3 – 4year terms. Appointees are: Joanna Pickering, Town Attorney, Town Historian, Sue Altieri, Laurie Hauer-LaDuca, David LaDuca, Hank Brodowski, Doug Kohler and Linda Mosher.

Councilman Casilio will contact Erie County regarding Stahley Road as it relates to St. Mary's Church project.

The Planning Board has inquired as to the status of the Traffic Safety Board. Councilman Casilio has the applications and will make two appointments to the board.

The Senior Center provided their resolution indicating an interest in the community facility.

Councilman Joseph Weiss

A well was installed at Sunset Park which has alleviated the flooding problem.

Councilman Weiss said we have a problem with several baseball teams trying to join the TCBA, these new teams will have to understand that the teams that have been in the program for a number of years have seniority. Independent teams coming in can not be guaranteed playing fields.

The deer nuisance permit program is being coordinated by Dennis Londos.

Councilman Weiss will make an appointment to the Conservation Advisory Board in two weeks.

Councilman Weiss will make a motion requesting Erie County Water Authority to install a hydrant at 9095 Main Street for the Clarence Crossroads Medical Center.

Councilman Weiss will read a letter of appreciation referencing the great job Judy Shisler and Jean Ranney did with scheduling during the baseball season.

Councilman Bernard Kolber

Councilman Kolber will meet with Doug Kohler and Clarence Bee editor Kim Karcher regarding articles for “Then and Now" in conjunction with the bicentennial.

The parks department put grit in the paint they used to paint the porch at the Historical Museum. This should eliminate hazardous conditions especially during the winter months.

The Clarence Concert Association is looking for a secure location to store all their sheet music. Parks Crew Chief John Burns has indicted that there is no room at the Clubhouse. The Library does not have any additional space either. Currently the sheet music is being stored in a public storage facility. Councilman Casilio suggested the possibility of a room in the proposed community center.

Al Webber is requesting Town Board approval to attend a seminar on October 15 with use of a town vehicle.

Councilman Kolber will announce openings on the Library Board and the Historical Museum Board.

Councilman Patrick Casilio

Councilman Casilio thanked Supervisor Hallock and Pam Smith for finishing up details on recent labor negotiations.

Councilman Casilio met with Parks Security; Standard Operational Procedure manuals were handed out to them and signed for by those in attendance.

The RFP for security cameras is available in the Town Clerk's office. To date, three vendors have picked up the specs.

There is a power feed problem in one of the light poles in the Harris Hill area. A private contractor may have to be brought in. Jim Schlabach is taking care of this.

Councilman Casilio is working on trying to consolidate radios and include them with Public Safety and possibly purchase radios this year.

Clarence Hollow had a successful fundraiser at the WNY Event Center; some of the money raised will be used for security cameras.

The Senior Center provided their resolution indicating an interest in the community facility.

Disaster Coordinator David Bissonette met with the Senior Center and is in the process of starting a program for the use of the Senior Center as a disaster shelter.

Disaster Coordinator Dave Bissonette attended the fire chiefs meeting with the disaster trailer and pubic security vehicle and was well received from them.

Councilman Casilio commented on the letter the Town received from Amherst Supervisor Satish Mohan.

Supervisor Hallock introduced Michelle Mazzone, the Economic Development Officer working with the Clarence IDA.

Town Attorney Steven Bengart

Town Attorney Bengart has three items to discuss in Executive Session regarding the discipline of individuals.

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 (2) matters leading to the appointment of a individual, financial history of corporation(s), and matters leading to the discipline of three individuals. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:22 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adjourn the Executive Session at 7:35 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 26, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Pledge to the flag was led by Councilman Patrick Casilio, followed by a prayer given by Steve Dale from First Presbyterian 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 Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Town Engineer Joseph Latona and Building Inspector David Metzger.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held September 12, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Casilio to grant permission for Clarence High School to hold their annual homecoming parade along Main Street on Saturday, October 13, 2007 beginning at Pony's Wings and Burgers, 9980 Main Street to the High School at 9625 Main Street. On the question, Supervisor Hallock said all appropriate agencies will be notified. 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 24, 2007 at 8:10 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 19, 2007.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Special Event Request to People of Praise to be held on October 13, 2007 at the Town Park Large Pavilion from Noon to 10:00 p.m. On the question, Supervisor Hallock said there may be demonstrations of the Civil War era with black powder guns. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that Erie County has designated November 1 – 30 as the annual 30-day time period within which a land owner may request predominantly viable agricultural land for inclusion to a certified agricultural district in accordance to Section 303-b of the New York State Agriculture and Markets Law. Copies of the application are available in the Supervisor's office and the Town Clerk's office.

Supervisor Hallock announced that the Town received a check last week in the amount of $62,828 from New York State for a grant. That brings the total we have received to date for the Peanut Line bike path extensions and improvements to $370,296.

Supervisor Hallock received a follow-up letter to a letter dated May 18, 2007 from the United States Post Office concerning selection of a new location for the new East Amherst Retail Finance Station.
          Upon review of several sites, the Postal service has selected the property at 9630 Transit Road, Suite 1000. They believe it will provide the community with an upgraded, modern facility that offers a safe working environment for employees and a level of service expected by their customers.
          Comments may be offered regarding the selected office within 30 days to the Vice President of Facilities at the address on the letter. A response will be provided within 15 days.

Supervisor Hallock announced, with regret, the resignation of Sandra Tresino from the Clerk RPT position effective after 9/28/07.
          The position of RPT applies to part time employee who has passed the competitive Civil Service exam for the position if it was full time, but works part time only. If anyone is interested in this position or a Clerk Part Time position, please fill out an application. Applications are available at the Supervisor's office or from the Town website.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set the following Public Hearings to consider entering into contracts with the Town of Clarence fire companies for the year 2008: 7:45 P.M. – Clarence Center Vol. Fire Company; 7:50 P.M. – East Amherst Fire Department; 7:55 P.M. – Harris Hill Vol. Fire Company; 8:00 P.M. – Rapids Vol. Fire Company; and 8:05 P.M. – Swormville Vol. Fire Company. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that tomorrow night is an encore presentation of a community and planning video that was done earlier this year by the Planning Federation of New York. It will be held at the Town Hall at 7:00 P.M.

Councilman Bylewski received the Single Family Dwelling Statistics for August 2007 from the Building Department as follows: 5 – building permits were issued in subdivisions and 7 were issued outside of subdivisions for a year-to-date of 47 in and 25 out for a total of 72 permits issued. By comparison, there were 80 permits issued for the same time period in 2006 and 86 in 2005. Development is still going on in the Town, however, there has been a decline in single family dwelling permits.

Councilman Bylewski said the Engineering, Legal and Planning Departments have completed the development of proposed legislation dealing with stormwater, erosion and sediment control and illicit discharges and have forwarded copies for review and comment. The next stage is for a determination under SEQRA prior to scheduling a public hearing.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the proposed Local Laws dealing with Stormwater Pollution Prevention to the TEQR Committee for further review and recommendation. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee, a Negative Declaration is issued on the proposed Master Plan 2015 Amendments to identify sewer prioritizations. The proposed action involves an amendment to the adopted comprehensive Master Plan 2015 to identify sewer extension priorities for long term planning purposes. After thorough review of the submitted Environmental Assessment Form (EAF) and the proposed changes, including coordinated review among involved agencies, it is determined that the proposed action is consistent with Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint the following to the Historic Preservation Commission: Joanna Pickering with term to expire 12/31/08; Town Historian and a vacant position to be filled by an attorney to expire 12/31/09; Suzette Alteiri, Laurie Hauer-LaDuca and David LaDuca to expire 12/31/2010; and Henry Brodowski, C. Douglas Kohler and Linda Mosher to expire 12/31/2011. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we received a resolution from the Senior Center and likewise from the Youth Board that they both support the concept of a community center. They recognize the cost effectiveness of a building that would serve all parts of the population. They strongly support a study of the concept for potential services that they hope to see.
          The Town Engineer is looking at projected cost estimates for a feasibility study. Once a consultant is in place to do the study, we will look for input from all members of the community regarding the need for a community center, and if there is a need what should go in it.

Councilman Weiss said a well was put in, by the Parks Department, south of the parking lot at Sunset Park to help drain the water. He checked it after the last rain and it seems to be working very well. We are waiting for Erie County to do some work along the road before doing further drainage work in the park.
          Councilman Weiss said there is some concern that baseball teams coming in that are not part of the Town programs may not be accommodated. Recreation will be holding a meeting in February to determine the allocations of the fields.

Councilman Weiss said he recently joined the Senior Center and is amazed by all that is going on there. Karla Madrid is doing a great job. He urges anyone who has not taken advantage should check it out.

Councilman Weiss said Dennis Londos will be taking John Jondle's place in running the deer abatement program. Forms are available at the Town Clerk's office if you would like to register your land or to participate in the program. All of the meat is taken to the food bank. We are hoping to have the permits in place by November 1st.

Councilman Weiss said he will be making an appointment of Margaret Mary Walter to the Conservation Advisory Council. She has an MS in Biology and will make a great addition to the committee.

Councilman Weiss said we received a letter from the baseball program praising Judy Shisler and Jean Raney from the Parks Department who do scheduling of the fields. They have quite a job keeping up the schedule, as well as the work done by everyone at the Parks Department.

Motion by Councilman Weiss, seconded by Councilman Bylewski that the Town of Clarence requests the Erie County Water Authority to install a hydrant at 9095 Main Street for the Clarence Crossroads Medical Center, LLC, for which the Town agrees to pay the annual fire hydrant maintenance fee. The Town will be reimbursed for said annual fees pursuant to the agreement dated August 17, 2007 between the Town of Clarence and Clarence Crossroads Medical Center LLC, owner of 9095 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said they previously made the appointments to the Historic Preservation Commission and it is also the duty of the Town Board to appoint the President and Vice President.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Henry Brodowski as Chairperson and Joanna Pickering as Vice Chairperson with terms to expire 12/31/07. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said we received a letter from the State of New York Office of Real Property Services stating that the Town of Clarence has qualified for the Excellence in Equity Award. This is granted to municipalities that conduct a reassessment that meets State standards for equitable assessments.
          The letter states that the Town and the Assessment Department should be commended for this achievement. The Town of Clarence has qualified for this award for nine consecutive years.
          State Law requires all properties in each municipality to be assessed fairly based on market value each year. This ensures that property owners are fairly assessed and do not pay more or less than their fair share of taxes. The more frequently assessments are reviewed and adjusted; the more likely each property owner will be fairly assessed. In addition, the Town can receive up to $5 per parcel each year by keeping assessments at market value annually. The Excellence in Equity Certificate will be presented at the October 2, 2007 Erie County Assessor's Association meeting.
          Councilman Kolber said this recognition is bittersweet due to the recent loss of Assessor David Folger. He and his staff have done a great job.

Councilman Kolber announced that Senator Mary Lou Rath is sponsoring a bill, “Stop Taxing Our Property”. Taxes in New York State have reached critically high levels that are crippling the economy. The Senate has recently adopted a tax reform bill of which she is a co-sponsor.
          Motion by Councilman Kolber, seconded by Councilman Casilio to authorize Supervisor Kathleen Hallock to prepare and forward a resolution in support of the property tax reform bill that has been passed by the New York State Senate and is in the Assembly for their review. Copies to be forwarded to the Western New York State Delegation of the New York State Assembly and to the New York State Delegates. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant permission for Albert Weber to attend a Roll Preparation class on November 15, 2007 in Batavia with use of a Town car and reasonable and necessary expenses paid by the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said there is an opening on the Library Board, and at least three openings on the Historical Society Board. Anyone interested can pick up an application at the Town Clerk's office.

Councilman Kolber said he is meeting with Kim Karcher from the Bee and Doug Kohler regarding a “Then and Now” section in the Clarence Bee. It was in the Bee several years ago of pictures of how certain areas looked and how they look now.

Councilman Casilio said the Request for Proposal for the video camera system is available in the Town Clerk's office. He thanked Karen Jurek and Steve Flaminio for helping to put the proposal together.

Councilman Casilio said the Parks Department is installing the new light poles in the Harris Hill area. We hope to have them lit before Halloween.

Councilman Casilio thanked the Clarence Hollow Merchants Association for hosting a successful fundraiser at the Western New York Event Center. Money raised at that event will go toward the security camera system.

Councilman Casilio said he will be making two appointments to the Traffic Safety Board at the next meeting. They will be working with the Planning Department on traffic safety issues.

Town Clerk Nancy Metzger received a resolution from the Town of Holland in opposition of the State Windmill Siting Procedure.

A Public Hearing was held to consider the request by West-Herr Automotive for a Temporary Conditional Permit to allow for storage of vehicles at Eastern Hills Mall. James Hartz said they would like to use the parking lot for temporary storage through the end of the year.
          Councilman Bylewski said concerns raised included parking not within the striped spaces.
          Councilman Kolber said he believes they were trying to use it as sales and not just for storage.
          Supervisor Hallock said there was advertising which has been removed.
          The applicant was not present.
          With no one speaking to the subject, motion was made Councilman Bylewski, seconded by Supervisor Hallock to close the Public Hearing. On the question, Councilman Kolber asked if the public hearing should remain open. Councilman Bylewski said he planned a follow up motion to adjourn the item until the next meeting to see if the applicant is present. If the applicant is not present at that time, we deny the application and begin the enforcement procedures.
          Town Attorney Bengart said any other concerns should be stated in the record.
          Supervisor Hallock said they were considering allowing this for the remainder of 2007. There would be no advertising materials of any kind, banners, streamers, etc., other than the manufacturer's pricing stickers. It is to be for storage only within the striped spaces.
          Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to table a decision on the request by West-Herr Automotive for a Temporary Conditional Permit to allow for storage of vehicles at Eastern Hills Mall until the next meeting so that the applicant can be available. On the question, Councilman Weiss said he is recusing because he buys fleet vehicles for his companies from West-Herr. Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

A Public Hearing was held to consider the following Town of Clarence Zoning Map Amendments: 8301 – 8469 Sheridan Drive to add depth to the Restricted Business Zone; and 8365 – 8655 Transit Road from Restricted Business to Major Arterial.
          James Hartz said the amendment to the south side of Sheridan Drive only was born out of the original comprehensive plan and subsequently from several landowners to add 207 feet of depth to the Restricted Business Zone.
          James Hartz said the area along Transit Road would be converting the northern end of Transit Road, outside of the 100 year flood zone, to Major Arterial. There are several retail uses in that area now. This has been expressed by many landowners and potential applicants from the area.
          Supervisor Hallock read an email from Dr. Altman, who owns property on Sheridan Drive expressing his support for the rezoning in his area. It will still leave enough space to protect the neighbors behind them. He would like to move his business to the Town at this location.
          Councilman Kolber said he will recuse himself from discussion on this matter because his mother owns property contiguous to the area on Sheridan Drive.
          Councilman Casilio said he is also recusing himself because his sister has a business relationship with Dr. Altman.
          James Hartz said, for the record, that all of the affected property owners have been notified. They have only received a few comments, mostly being supportive. It is in conformance with the Master Plan and supported by the Planning Board.
          With no one else speaking to the subject, motion was made by Councilman Weiss, seconded by Councilman Bylewski to close the Public Hearing.
          Upon roll call – Ayes: Councilmembers Weiss and Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilmembers Casilio and Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that after a public hearing duly held on September 26, 2007 and after all interested parties being heard, the Clarence Town Board adopts Local Law No. 5 of the year 2007 amending the Zoning Map as follows:

  • 8301 – 8469 Sheridan Drive to add depth to the Restricted Business Zone
  • 8365 -8655 Transit Road from Restricted Business to Major Arterial

This local law will become effective upon filing with the Office of the New York State Secretary of State.
          On the question, Councilman Bylewski said since there was no objection stated or filed, this can be adopted by a majority vote.
          Upon roll call – Ayes: Councilmembers Weiss and Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilmembers Casilio and Kolber. Motion carried.

A Public Hearing was held to consider the Town making application to Restore New York Funding from Empire State Development for grant money in the amount of $2,500,000 for the Roll Road Commerce Park intended for creation of sewers to extend to Harris Hill.
          Pietra Lettieri of Harris Beach spoke on behalf of the applicant. The goals of the grant are to revitalize urban centers and induce commercial investment. The proposal for the Roll Road Commerce Park will serve to meet that goal. The bulk of the funding would be for infrastructure improvements including a 15” diameter sewer line, road improvements in the area and some for construction. The State is looking for projects that will enhance commercial development. They feel this project meets the requirements and is consistent with the Town's Master Plan. The Town must be an applicant for these grants. The grant program requires 10% matching funds. The project sponsor has provided a letter of commitment for the 10% matching funds.
          Joseph Latona, Town Engineer and Sewer Administrator said he strongly urges submittal of this application as the sanitary sewer that would be provided as part of this project. It would run from the Peanut Line on the north to 6,500 ft. south to Roll Road, which is approximately 1/3 of the way to Harris Hill. This is part of our Master Sewer Plan.
          Councilman Bylewski said the Town of Tonawanda is also seeking Restore New York grant monies to demolish 26 buildings and remove asbestos.
          Town Attorney Steven Bengart said that project is similar in that a private corporation is also involved and providing the funds. We would not have any costs involved.
          Councilman Bylewski said it has been a priority to get the sewers to Harris Hill. Town Engineer Latona said that is correct.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. On the question, Councilman Weiss said this goes a long way toward relieving the sewer problem in Harris Hill and meeting our goal for commercial projects in that area. Councilman Kolber said if there is funding out there, we should get some. Supervisor Hallock said there is a need. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Town of Clarence has forwarded a Letter of Intent to apply to the Empire State Development Corporation for financial assistance to the Town through the Restore NY Communities grant initiative; and
          WHEREAS, the Town of Clarence duly held a public hearing on the 26th day of September, 2007 to consider the Town making application to Restore New York Funding from Empire State Development for grant money in the amount of $2,500,000 for the Roll Road Commerce Park area which said funding intended for the creation of sewers to extend to Harris Hill; and
          WHEREAS, said public hearing has elicited information indicating that in the event the application is successful, the Town of Clarence could receive funding which would include the installation of approximately 6,500 lineal feet of sanitary sewer lines, road infrastructure improvements, and construction of a 66,000 square foot manufacturing facility on the property located at 8540 Roll Road in the Town of Clarence.
          NOW THEREFORE, BE IT
          RESOLVED, that, the Clarence Town Board, at a meeting duly held on September 26, 2007, hereby authorizes and directs Kathleen Hallock, Supervisor of the Town of Clarence, to execute and submit an application to the Restore NY Communities Initiative, administered by the Empire State Development Corporation, for the Roll Road Commerce Park Project requesting funds that shall not exceed $2,500,000. Local Share funds will be provided and shall not exceed 10% of the requested amount or $250,000; and be it further
          RESOLVED, that the proposed project is consistent with the Town's planning and development including our Zoning Law and Comprehensive Master Plan 2015; and be it further
          RESOLVED, that the proposed requested financing is appropriate for the Roll Road Commerce Park Project; and be it further
          RESOLVED, that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources; and be if further
          RESOLVED, that the project will enhance infrastructure in a manner that will attract, create and sustain employment opportunities.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Dunkin Donuts requests amended Concept Plan Approval to change access drive location at 9430 Main Street. James Hartz said Concept Plan Approval was given in February 2007 and a Negative Declaration was issued.
          Jim Geiger represents the Dunkin Donuts franchisee. A representative for the property owner Reid Petroleum and Phil Silvestri, architect were present.
          The representative from Reid said they are the landowner of this parcel and the Wilson Farms property. They recently were made aware of the site plan, which was done by a former project manager. The existing driveway to the west is critical to Wilson Farms and the fuel facility. It would have a detrimental impact on the ingress/egress to the site. If that driveway is lost, it will create a financial hardship for the company. The perception of having the driveway further to the west and closing the existing driveway would cause a safety issue, rather than giving access to the two parcels. Mr. Silvestri has indicated that the DOT is fine with leaving the driveway where it is. Originally, there were two driveways proposed. The decision to make the change was not authorized by the owner. They are contractually obligated to provide the existing driveway to Wilson Farms as part of their lease agreement.
          Councilman Kolber asked if all of the parties included in this have worked out the competitive issue of coffee sales. The Reid representative said it has been worked out internally. They do not want to lose the existing driveway and have it moved further west. They would like to keep the two curb cuts as they are on the Wilson Farms site.
          Councilman Casilio said there is an issue with the curb cut to the west not being proper and water draining down from the parcel next to it. He asked if this moved forward, would the curb cut be brought into compliance.
          Phil Silvestri said what they basically would like to do is flip the plan. They will bring the existing curb cut into compliance including drainage. He spoke with the DOT and they would be ok with what is being proposed but prefer that they line up with the proposed development across the street. They met with the developer and they are very adamant about leaving their curb cut where it is.
          James Hartz the traffic study that was done looked at the impacts of this project and the one across the street. This change would cause us to take another look at the SEQR Negative Declaration to see what impact it may have on the project.
          Phil Silvestri said the property will remain undevelopable if they cannot resolve the curb cut issue. Reid Petroleum will not give up the existing curb cut and the DOT will not back off on lining up the curb cuts. The recommendation of the DOT is to line them up. The discussion has all been verbal at this point.
          Supervisor Hallock said the issue remains with the TEQR Committee and the SEQR review and recommendation based on the approved site plan.
          The Reid Petroleum representative said they hoped the Town Board would take a stand on this and make a decision. They have gone through the process to develop half of a one acre site. It would be a burden to have to re-engineer the whole project.
          Supervisor Hallock said they understand, but when it was going through the process, it was assumed that they had permission from Wilson Farms to do that. She does not see how we could go forward without the review by the TEQR Committee.
          James Hartz said the Planning Board is always looking to reduce curb cuts and seek access management agreements. There were several plans looked at and they worked with the developer across the street to line up the driveways.
          Councilman Bylewski added that there was a lot of coordinating going on including the traffic studies.
          Town Attorney Bengart said it is implied that a board or committee of the Town has failed to act. It should be made clear that someone dropped the ball and it was not the Town.
          The representative from Reid said if they were aware, they would have chosen the other driveway and met with the Planning Board to discuss their position. They had no idea.
          Town Attorney Bengart said the Town Board can refer this to TEQR or Planning Board or keep it.
          Councilman Bylewski said he understands that the applicant has gone through quite a bit, but he believes that if they send it right to TEQR to get the environmental review done, it could come back to the Town Board with a recommendation.
          Councilman Weiss said they have worked hard on it and he thinks it should be referred right to the TEQR Committee to get this done.
          The representative from Reid Petroleum said they are not trying to cause any hardship with Dunkin Donuts, they are trying to avoid two sets of hardships, one that would directly impact the business at Wilson Farms and the Sunoco facility; and two, leave them with a piece of property that cannot be developed.
          Councilman Casilio said they understand, but how was the Town to know that all of the participants were not involved. The representative said they are not laying it on the Town.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for amended Concept Plan Approval for Dunkin Donuts to change access drive location at 9430 Main Street to the TEQR Committee to consider the environmental impact of the change in the driveway. On the question, Councilman Casilio asked what was left for this process. Councilman Bylewski said they have not received Architectural Approval or Development Plan Approval. Councilman Casilio said it is a nice looking building, but he is not sure about the signage. Councilman Kolber strongly suggested that they get something in writing from the DOT stating their position. Upon roll call – Ayes: All; Noes: None. Motion carried.

Nathan Raupp requests a Public Hearing to consider a Temporary Conditional Permit for an automotive repair operation at 9265 Main Street. James Hartz said the location is the south side of Main Street behind the existing Curves facility. He would like to move from a location in the Hollow to here.
          Anthony Pacenzia spoke on behalf of the applicant saying that he outgrew his current location and this would give him the opportunity to expand his business. There is adequate space and parking. There is parking for 20 cars in the back of the building. The landscaping is in the process of being cleaned up. There was an automotive repair business on the site that is now gone.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing for November 7, 2007 at 7:55 P.M. to consider a Temporary Conditional Permit for an automotive repair operation at 9265 Main Street. On the question, Councilman Weiss said he will recuse himself as Nathan fixes his cars and Tony cuts his hair. Tony Pacenzia said Nathan Raupp has been a longtime resident of Clarence and it would be nice to be able to keep his business here in Town also. Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

John Braddel requests an amended Development Plan Approval for Lakeside Industrial Park to allow public road dedication off of County Road. James Hartz said this project was approved in June 2006 with a private road.
          John Braddel and Joyce Bakowski were present. Mrs. Bakowski said they have a project within the industrial park developed by John Braddel. They request that the Lakeside Industrial Park be dedicated as a public road for several reasons including: public safety by having the Town maintain the road; deterrent of people buying property in park because of private road issues; road could be extended to the Essex home development to another public road.
          They are trying to maintain the character of the Town and keep businesses in the Town in areas designated for such use. If they are unable to develop this industrial park, an option would be to sell single lots off of County Road. That would create several curb cuts instead of one into the development. It may be an option if they are unable to sell lots in the development because of the constraints they have run into. The length of the road is about 1,200 to 1,400 feet.
          James Hartz said the Planning Board is reviewing the Essex project now.
          John Braddel said when they submitted the plan for the industrial park they had to include the entire parcel, which included a road coming out onto Goodrich Road.
          Councilman Casilio said he is not in favor of a private road on a project this big. He believes private roads have problems down the road with owners not agreeing to maintenance issues, new owners not understanding how it works, water issues and fire protection if not maintained properly. It is not much different than the Roll Road project discussed earlier.
          Councilman Bylewski said initially the project on Roll Road was to be private, but it is to be an extension of Harris Hill Road with the hope of continuing to Clarence Center Road. The way it ended up with the layout of the parcels, it may come out to Newhouse Road. Another concern was that Amherst Fire Control had concern of road and fire hydrant maintenance. This project refers to tying industrial to residential in the future.
          Mrs. Bakowski said they are trying to keep businesses in Clarence in the designated areas. They are trying to sell the lots for people to build their own buildings. They have no where else to go. She believes her project will be jeopardized. She also does not want anyone to think that they just got approval to get it and are now coming back for more. Circumstances have changed over time from the comments they received from perspective buyers.
          Councilman Kolber said it is difficult to maintain a road to nowhere. On the contrary, we want to encourage businesses to grow here. Councilman Weiss added that is exactly where we are at.
          John Braddel said they cannot financially develop the whole site themselves. You have to do the best you can, keeping in mind what is also good for the Town.
          Councilman Weiss said he understands the issues involved with private roads because he lives on one. This may provide an additional exit from the Essex development.
          Town Attorney Bengart said they also should consider the possibility of industrial type vehicles going through a residential development. He has no opinion, but all should be considered.
          Mrs. Bakowski said they understand, but are asking that the Town Board consider their request.
          Supervisor Hallock said we do not have the developer's opinion.
          Mrs. Bakowski said Mr. Cimato was in favor of it.
          Motion by Councilman Kolber, seconded by Councilman Casilio to amend the Development Plan Approval for Lakeside Industrial Park to allow public road dedication off of County Road. On the question, Councilman Kolber said this is a balance to encourage business growth in the industrial area. Councilman Weiss said he agrees because we want that growth here. Councilman Bylewski said the issue is public benefit. The overwhelming driving force here is the economic benefit that you get from the commercial use. We would not get the same economic public benefit from a residential development. Councilman Weiss said he believes that is true. Councilman Kolber agreed. Councilman Casilio agreed and added the issue of a waterline and fire hydrant. Councilman Kolber said the Erie County Water Authority will not extend water on private property. Upon roll call – Ayes: All; Noes: None. Motion carried.

Lia Honda requests a Public Hearing to consider a Special Exception Use Permit for automotive sales expansion at 4891-4917 Transit Road. James Hartz said the location is Transit Road, just north of Sheridan Drive. They propose to demolish an existing building to expand the parking area and additions to their existing building.
          A representative from Lia and the engineer, Pat Bittar were present. Ms. Bittar said they propose to use the property for vehicle sales and inventory following demolition of the building. There are three small additions totaling approximately 6,600 sq. ft. to the existing building. They have addressed the conditions for landscape plan and elimination of the northern most driveway.
          Councilman Bylewski said when they were here last year, it was mentioned to consider access to the Wal-Mart property. Ms. Bittar said she is not aware if it was pursued. Councilman Bylewski said car dealers may not want that additional access, but we try to see what we can get off of the main roads and reduce some of the curb cuts. Supervisor Hallock asked that they look into that before the public hearing.
          Ms. Bittar said they also intend to bring in additional fill.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to set a Public Hearing for November 7, 2007 at 8:00 P.M. to consider the request by Lia Honda for a Special Exception Use Permit for automotive sales expansion at 4891-4917 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mercedes-Benz of Buffalo requests a Building Permit and Architectural Approval for an addition to the existing facility at 8185 Main Street. James Hartz said the location is the south side of Main Street in the Commercial Zone. It is for an approximate 3,000 sq. ft. addition on the east side of the building with a new entrance.
          Robert LeMastra, President, his contractor Christopher Nichter and site contractor Paul Heist were present. Mr. LeMastra said they have applied for and received the Smart Car franchise from Mercedes-Benz. This will be one of 50 dealerships in the country. Mercedes-Benz and Smart Car are very involved in the look of the building and where the service access is to be.
          Councilman Kolber said we do not have a visual design of what it will look like. Mr. LeMastra passed around a drawing. The addition includes a showroom and an area where the people will drop off their vehicles. Councilman Bylewski said he believes it will fit in with the architecture on Main Street.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant a Building Permit and Architectural Approval for an addition to the existing facility at 8185 Main Street to Mercedes-Benz of Buffalo, subject to Landscape Plan Approval and Commercial Open Space fees. Upon roll call – Ayes: All; Noes: None. Motion carried.

Jack Willert requests subdivision approval to create an additional residential building lot at 10965 Stage Road. James Hartz said the Planning Board recommends approval for one 17.5 acre lot.
          Jack Willert was present.
          Councilman Bylewski said the Planning Board adequately addressed the issues. He asked Mr. Willert if he was in agreement with the conditions and he was.
          Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of an additional building lot in the Agricultural Rural Residential Zone at 10965 Stage Road. This Unlisted action is for the creation of a residential building lot. After review of the Environmental Assessment Short Form, it is determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          WHEREAS, section 193-9 of the Subdivision of Land Law of the Code of the Town of Clarence provides that where the Town Board finds that because of unusual circumstances of shape, topography, or other physical features of the subdivision tract; and
          WHEREAS, the Town Board now finds that the 17.5 acre lot is, in fact, unusual because of the following factors:
          1. Land is a former sand and gravel pit; and
          2. The applicant is placing the home within 150 feet of Stage Road; and
          3. That based on the above factors, the lot will not allow for any future development; and
          WHEREAS, in light of the foregoing, approval of this action would not be in contravention of Master Plan 2015.
          Now, therefore, be it
          Resolved, that the Clarence Town Board grants approval for 1 additional residential building lot for a single family home on 17.5 acres, to the applicant, Jack Willert, for the property located at 10965 Stage Road subject to the following conditions:
          1. Open space and recreation fees.
          2. No additional splits off 17.5 acre parcel stated in the recitals.
          On the question, Councilman Bylewski asked if the applicant is aware of and in agreement with the conditions. Mr. Willert said he is. Upon roll call – Ayes: All; Noes: None. Motion carried.

Staybridge Suites Hotel requests a Public Hearing to consider a Special Exception Use Permit for a structure over 50,000 sq. ft. in the Major Arterial Zone at 8005 Sheridan Drive. James Hartz said the location is at the southeast corner of Sheridan Drive and Transit Road. The overall structure is approximately 70,000 sq. ft. consisting of 128 rooms.
          Motion by Councilman Casilio, seconded by Councilman Kolber to table the request by Staybridge Suites Hotel for a Public Hearing to consider a Special Exception Use Permit for a structure over 50,000 sq. ft. in the Major Arterial Zone at 8005 Sheridan Drive until the applicant is available. Upon roll call – Ayes: All; Noes: None. Motion carried.

Lynn Logan requests Minor Subdivision Approval to create an additional residential building lot at 6325 Strickler Road. James Hartz said the location is the east side of Strickler, south of Keller Road meeting the minimum lot size requirements.
          Pawel Wieczorek said he is selling the lot to Lynn. James Hartz said this was split prior to the new laws.
          Motion by Councilman Bylewski, seconded by Councilman Casilio that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of an additional building lot in the Agricultural Rural Residential Zone. This Unlisted Action is for the creation of a residential building lot. After review of the Environmental Assessment Short Form, it is determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicant, Lynn Logan, to create a new residential building lot on Strickler Road subject to the following: 1. Open space and recreation fees. 2. Address to be 6325 Strickler Road.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Mark Hammister requests Minor Subdivision Approval to create two additional residential building lots and a Public Hearing to consider a Special Exception Use Permit for a secondary living unit off of Thompson Road. James Hartz said the property is located within the Residential Single Family District consisting of 40 acres. The property would be split to have access from Thompson Road for one and from Orchid Ledge for the other.
          Jeff Palumbo of Damon & Morey represents the applicants. They sent out notices and met with the neighbors of all the surrounding properties. Mr. and Mrs. Hammister are going to live in the main house with a guest house if the secondary living unit is approved. The second building is a pool house. The second lot is for his son. If possible, he would like to say that he may do further splits if his daughters moved back to the area. It is unlikely, but he wanted to mention it now. It would be difficult to split further, but not impossible.
          Councilman Kolber asked about a private golf course. Mr. Palumbo said it is only a few holes for practicing on and not a golf course with lights or anything like that.
          Mr. Palumbo said he has two issues to bring up. One, they told the neighbors that the Board would likely not take any action tonight, other than schedule the public hearing. He would be uncomfortable doing the subdivision approval.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing for November 7, 2007 at 8:05 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit off of Thompson Road for Mark Hammister. The Town Board will also consider, not as part of the public hearing, the request for Minor Subdivision Approval at that meeting. On the question, Councilman Kolber said they are going to have to apply for variances. Mr. Palumbo said yes, one with respect to each home for front setbacks and one for the second house setback from the lot line. Upon roll call – Ayes: All; Noes: None. Motion carried.

Eric Ogren requests a Change-In-Use from vacant to retail at 6051 Transit Road. James Hartz said the location is on Transit Road, north of Clarence Center Road in the Major Arterial Zone. The applicant is proposing to parcel it off.
          Mr. Ogren said the building will remain as is and he would like additional parking in the front. The purpose is for retail use and is currently for sale. Councilman Bylewski added that the type of occupant will dictate the proper number of parking spaces required. Mr. Ogren said so far he has a florist, a food broker and a dentist interested. The building is 2,800 sq. ft.
          Motion by Councilman Kolber, seconded by Councilman Bylewski to refer the request for a Change-In-Use from vacant to retail at 6051 Transit Road to the Planning Board for review to include landscaping, parking design, drainage and land use access. Upon roll call – Ayes: All; Noes: None. Motion carried.

North Forest Office Providers requests Preliminary Concept Review for a proposed office park at 6051 Transit Road. James Hartz said this project was presented at the last meeting with two additional buildings in the rear. They have revised the plan to show two buildings in the front that comply with the Zoning Law.
          Roy Jordan said this project dovetails onto the last item on the agenda in relation to the land use access management. They could resolve that issue in the same shot.
          Councilman Bylewski said at the last meeting Mr. Jordan indicated that he could not do the project if he did not get approval for the rear. Mr. Jordan said this will work as is. He would like to get the approvals for this and all of the studies done. He would then see about the rezoning for the rear.
          Town Attorney Bengart said this project as presented tonight is what you are asking to be referred. At some point it will end up at TEQR and they will want to see a full buildout. It is likely that it would receive a positive declaration unless the Master Plan and Zoning Law are amended for the back piece. He may get approval on the front and never get approval for the back. Mr. Jordan said he understands all of that completely and that it does not mean encouragement to move forward with the back.
          Councilman Bylewski said if a project is presented that does not comply with the Master Plan, it should not continue.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by North Forest Office Providers for a proposed office park at 6051 Transit Road to the Planning Board for further review. On the question, Councilman Casilio said this is for the plan as shown on the Commercial property only. 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 Soccer Club Referees – Oct. 21, 2007; B. Clarence Youth Bureau – Oct. 29, 2007; Legion Hall Applications: A. Harris Hill Elementary School – Dec. 1, 2007; B. Michela Hacker – Dec. 2, 2007; C. Cub Scout Pack 563 – Monthly meetings Oct. 2007 – June 2008; and D. Father/Child Group – 1st Thursday each month of 2008. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of September 20, 2007 are approved for payment – General Fund - $111,139.64; Highway Fund - $76,569.25; Water District - $34,018.73; Drainage District - $6,836.00; Lighting Districts - $996.85; Sewer Districts - $111.44; Capital Fund - $138,107.76; Trust and Agency 203 - $4,619.12; and Trust and Agency 205 - $845.44 for a total of $373,244.23. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio asked that the meeting be closed in memory of Jack Chaffee, a long time Clarence resident who was past chief of the Clarence Fire Company, Commissioner of Clarence Fire District No. 1, WW II Veteran, Town of Clarence Constable and Town of Clarence Security Officer.

There being no further business, Supervisor Hallock adjourned the meeting at 9:50 P.M.

Nancy C. Metzger
Town Clerk