A Work Session of the Clarence Town Board was held on October 10, 2007 at Clarence Town Hall, One Town Place, Clarence, NY.
Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, and Director of Administration and Finance Pam Smith
Director of Community James Callahan
A public hearing is scheduled for 7:45 PM to consider a Local Law amending the Code of the Town of Clarence Chapter 181 Signs. The Planning Board has forward a recommendation to proceed with adoption. Paul McCarthy representing the Chamber of Commerce will not be able to attend the public hearing but voiced the Chambers concern over the grandfathering of the seven year conforming replacement clause and questioned the legality of it. Councilman Casilio was not in favor of the replacement clause as well. He did not feel it was fair to the existing businesses to impose an alleged hidden tax" that in seven years they have to spend thousands of dollars to change their sign; he further questioned the enforcement of it. If a business comes in for a Change in Use" then they should be required to change their sign. Director of Community Development James Callahan stated that any sign that has been granted a variance can not be touched the variance goes with the land. Councilman Weiss stated that he would like to see Main Street cleaned up, we have a town we want to be proud of and he feels that this is the responsibility of the Board. Not everyone will be happy with the changes but you have to start somewhere. The sightliness of the entire thoroughfare has a much more positive effect on business than the cost individually.
Donald Braunscheidel 8249 Wolcott Road
Mike Hoehman 8310 Goodrich Road
Formal agenda items:
The Turf Doctor 8910 Sheridan Drive
Gold Seal Equity 8750 Sheridan Drive
Tom Thielmann 8931 Wehrle Drive
Chris Carollo 8720 Clarence Center Road
There was a discussion regarding the Tree Law. Town Engineer Latona felt there was a huge gap between the writing of the law and the implementation of it. Director of Community Development James Callahan stated that he is working with Planning Board member Gerald Drinkard on this. The concern is with residential development not so much commercial development. The Building Department refers the site plan to Planning Department and Landscape committee. Gerry Drinkard does an on-site review of the property. An effort is made to maintain some of the trees and for the most part, most people are cooperative - we allow up to ten trees without a permit.
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 plaza located on 26+ acres in the Major Arterial Zone. The existing plaza received Development Plan approval in 2005.
Dan Furmanek 8230 County Road
Staybridge Suites Hotel 8005 Sheridan Drive
David Elibol 6225 Kraus Road
Michael & Cheryl Tarbell Zoning issues at 4594 Shisler Road
Work Session items:
Northbrook Meadows Subdivision/Cimato Enterprises
Newhouse Road Subdivision/Cimato Enterprises
Joe Frey Stage and Ransom Road
Dr. Altman 8421 Sheridan Drive
Supervisor Kathleen Hallock
Supervisor Hallock will make a motion to approve a Special Request by the Bicentennial Committee for New Year's Eve fireworks.
Supervisor Hallock will create two positions for Civil Service proposes.
Supervisor Hallock will announce the resignation of James Hartz from Planning and Zoning Department.
There is unspent money in the Conservation Committee budget for the well casing for the pond at Town Hall. Supervisor Hallock has some reservation about spending $2,000 on a well. The Conservation Committee is modeling this well after another well that was dug off Thompson Road that is dry.
Supervisor Hallock received a letter from a resident at 5100 Thompson Road. Town Attorney responded indicating it was not a town issue.
Supervisor Hallock received a letter from the League of Woman Voters regarding the Nature Center.
Erie County Sno-Seekers are seeking support in the amount of $5. For anyone wishing to contribute you receive a $10 coupon for BonTon.
Supervisor Hallock copied the Board on all applications received for the Assessor's position. She asked that everyone review them so interviews can begin next week.
Supervisor Hallock reminded the Board of the scheduled budget meeting for October 11th at 3:30 P.M.
Town Engineer Latona has a transfer of funds from Professional Services to the Sidewalk Account.
Councilman Scott Bylewski
Councilman Bylewski inquired as to the status of background checks for Public Safety Volunteers. Town Attorney Bengart stated that they were sent to the EC Sheriff's Department this afternoon. The safety vests have arrived.
Councilman Bylewski received the Central Fire Alarm Report for September 2007.
Councilman Bylewski and Senior Building Inspector David Metzger met with a representative from Home Land Security at Eastern Hills Mall. They also met with the two police agencies that service the town to talk about various issues.
The TEQR Committee is recommending a Negative Declaration regarding the proposed Kelkenberg Industrial Business Park located at 10060 County Road.
A Public Hearing will be set for November 28, 2007 @ 8:10 PM to consider amendments to Master Plan 2015.
Councilman Bylewski will report on the single-family dwelling statistics for September 2007.
Councilman Joseph Weiss
A public hearing will be scheduled for November 7, 2007 at 7:45 P.M. to consider adoption of a Local Law to be known as Stormwater Management, Erosion and Sediment Control."
A public hearing will be scheduled for November 7, 2007 at 7:50 P.M. to consider adoption of a Local Law to be known as Prohibit illicit Discharges, Activities and Connections to Separate Storm Sewer Systems." Town Engineer Latona stated that these ordinances have to be adopted by the end of the year.
Councilman Weiss met with Highway Superintendent Ted Donner regarding parking at Sunset Park. People are parking on the north side of Wehrle Drive and causing a problem at the gate. Councilman Weiss will make a motion to have No Parking Signs installed on the north side of Wehrle Drive from Harris Hill Road to a point 500 feet east.
Highway Superintendent Ted Donner is requesting a bid date be set for October 23, 2007 at 10:00 A.M. for the sale of surplus town vehicles.
Councilman Weiss has one item to discuss in Executive Session regarding the appointment of an individual.
Councilman Weiss had a conversation with Dominic and Nick Piestrak. Dominic Piestrak is requesting Supervisor Hallock contact Senator Mary Lou Rath to set up a meeting regarding Restore NY grant for sewers.
Dominic Piestrak has indicated that Greenview Landscaping has been dumping leaves and grass on his property off Roll Road. Mr. Piestrak attorney sent a cease and desist letter to Greenview Landscaping. Director of Community Development James Callahan stated that the DEC has been contacted because some of the grass clippings and leaves have fallen into the creek, Greenview can not dump in the floodway.
Councilman Weiss will appoint Margaret Walker to the Conservation Advisory Committee.
William Hoffmeister has resigned as assistant animal control officer regular part-time. Donna Giezycki will be appointed to replace Mr. Hoffmeister effective October 11, 2007.
Councilman Bernard Kolber
The Concert Association is storing their sheet music at a private residence and the homeowner is requesting the music be removed as soon as possible. Councilman Kolber suggested storing the music at the town owned property on Thompson Road. He will meet with John Burns to see if this would be feasible.
Councilman Kolber received a letter from Erie County regarding the stop signs at Thompson and Roll Road. He feels that the intersection of Thompson and Greiner Road is much more dangerous and should have stop signs there as well. Councilman Kolber will send a letter to the County.
Councilman Patrick Casilio
Councilman Casilio gave an update on the radios. In speaking with FM Communications and other radio suppliers, they feel that the type 4 frequency is the way to go especially off a repeater with portable radios you can communicate the entire town.
Councilman Casilio will make an appointment to the Security Department.
Councilman Casilio met with NYSEG and discussed many topics including power outages which they feel they have under control due to repairs made after the October storm. They discussed the lights for Clarence Center and were given mapping material to lay out the street lights to the distances we want them to go. Supervisor Hallock stated that she is hoping to get the economics survey of the four corners area and possibly get some economic development money for lights going 2/10th of a mile east and west, north and south. Supervisor Hallock did not know if the survey results would be back this year but would present this project to the IDA. Councilman further discussed the power outages, power poles and easements in the Harris Hill area at all locations including Nottingham and Main Street. They also discussed the service feeds and the problems we are having with the underground lines.
Councilman Casilio received a letter regarding the possibility of putting recycling bins in our parks to recycle bottles and cans.
Councilman Casilio received a letter from a resident interested in getting street lights on Clearview Drive. Councilman Casilio will respond asking the person to circulate a petition to turn Clearview into a light district.
Councilman Casilio will appoint three people to the Traffic Safety Board; they will work in conjunction with the Planning Board and answer any requests from the Highway Superintendent.
The speed trailer will be shipped October 12, 2007 and will possibly be put into service on Greiner Road. Several complaints have come in regarding people speeding. The speed trailer will be able to give reports on the number of cars traveling on that road and how fast they were going.
Town Attorney Bengart
Town Attorney Bengart has one item to discuss in Executive Session regarding the appointment of a particular person and one Attorney Client item to discuss.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) F discipline of a particular person, appointment of a corporation, appointment of a particular person, employment history of a corporation, employment of a corporation; § 105(1) H sale of real property and one Attorney Client item. Upon roll call - Ayes: All; Noes: None. Motion carried.
There being no further business, the Work Session adjourned at 7:10 P.M.
Darcy A. Snyder
Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:30 P.M. Upon roll call Ayes: All; Noes: None. Motion carried. No action taken.
Regular meeting of the Town Board of the Town of Clarence was held Wednesday, October 10, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer given by a representative of Eastern Hills Wesleyan Church.
Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Building Inspector David Metzger, and Planning Board Chairperson Patricia Powers.
Supervisor Hallock said the minutes of the meeting held September 26, 2007 were not available at this time.
Motion by Supervisor Hallock, seconded by Councilman Weiss to create (2) Security Officer PT positions. On the question, Supervisor Hallock said this is being done for Civil Service purposes and the positions are non-competitive. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to create the position of Planner. On the question, Supervisor Hallock said this is being done for Civil Service purposes and the position is competitive. Upon roll call Ayes: All; Noes: None. Motion carried.
Supervisor Hallock read a letter of resignation from James Hartz who is resigning from his position of Asst. Director of Community Development as of October 12, 2007. He is taking a position as Director of Community Development in the Town of Tonawanda.
Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize a transfer of $1,280 from A 1440.467 Equipment Maintenance to Project 88, Sidewalks. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Kolber to grant a Special Event Request to the Bicentennial Committee to have fireworks at Town Place Park on December 31, 2007. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for November 28, 2007 at 7:45 p.m. to consider the sale of a portion of Town owned property declared as surplus and no longer needed for Town purposes consisting of approximately a 40 x 167 foot piece of vacant land located at 6221 Goodrich Road. On the question, Councilman Kolber asked if we had to put it up for auction or sell directly. Town Attorney Bengart said it does not have to be put up for auction. We do not have to have a public hearing but felt it was proper. Upon roll call Ayes: All; Noes: None. Motion carried.
Supervisor Hallock said Erie County has designated November 1st - 30th 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 New York State Agriculture & Markets Law. Copies of the application are available in the Supervisor's office. We have been asked to announce this notice through November at Town Board meetings.
Councilman Bylewski received the September 2007 Operations Report from Amherst Central Fire Alarm. Town of Clarence fire companies responded to the following: Miscellaneous Fires 16; EMS Calls 110; Motor Vehicle Accidents 14; and Miscellaneous Calls 44 for a total of 184 alarms.
Councilman Bylewski said the vests for the public safety volunteers have come in as modeled by Councilman Weiss. They have a Town Seal on them.
Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning Board and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Kelkenberg Industrial Business Park located at 10060 County Road. This Unlisted Action involves the development of a three building industrial business park in the Industrial Business Park Zone. After thorough review of the submitted site plan and complete Environmental Assessment Form by the Planning Board and Town Board, it is determined that the proposed project is consistent with Master Plan 2015 and local land use regulations 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 set a Public Hearing for November 28, 2007 at 8:10 P.M. to consider amendments to Master Plan 2015. Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Bylewski received the Single Family Dwelling Statistics from the Building Department for September 2007. There were 8 permits issued in subdivisions and 2 outside for a year-to-date total of 82 permits issued. By way of comparison, at the end of September 2005 there were 98 permits issued and for the same period of 2006 there were 97 issued. Building is still going on in the Town with the changes in our zoning laws, as well as the marketing conditions out there now.
Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of October 23, 2007 at 10:00 A.M. for the sale of surplus Town vehicles. Vehicles will be available for inspection at the Town of Clarence Highway Department, 6185 Goodrich Road. On the question, Councilman Weiss said this is part of our vehicle replacement program. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the Highway Department to place No Parking Signs on the north side of Wehrle Drive from Harris Hill Road to a point 500 feet east. On the question, Councilman Weiss said this is on the north side of Wehrle Drive adjacent to Sunset Park. Youth Football has hired a crossing guard to cross people from the south side of Wehrle Drive through a gate that is only open during football. People are parking on the north side and causing more problems. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing for November 7, 2007 at 7:45 P.M. to consider adoption of a Local Law to be known as Stormwater Management and Erosion and Sediment Control". A copy of the proposed law will be on file with the Town Clerk. On the question, Councilman Weiss said this is addressing the new regulations coming down on the stormwater. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing for November 7, 2007 at 7:50 P.M. to consider adoption of a Local Law to be known as Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems". A copy of the proposed law will be on file with the Town Clerk. On the question, Councilman Weiss said this is also in regard to the new regulations coming down on the stormwater. Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Weiss said the Conservation Committee has been looking into why the pond at the Town Hall has gone down so much. They will be putting in the casing for a well within the next 3 to 4 weeks. They hope to find water to take care of the depth of the water in the pond for the fish. It would allow us to get the fountains back on and provide water for the arboretum.
Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Mary Walters to the Conservation Advisory Council. She has a Bachelors and a Masters in Geology. Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Weiss said there is one opening on the Conservation Advisory Council for anyone interested.
Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Donna Giezycki as Dog Control Officer RPT effective October 11, 2007 at the budgeted rate of pay. Upon roll call Ayes: All; Noes: None. Motion carried.
Supervisor Hallock said Donna Giezycki is filling the position vacated by Bill Hoffmeister, who had to resign due to scheduling and conflicts with his regular job.
Councilman Kolber said we have received notice from Erie County that they are placing a 4-way Stop at Thompson and Roll Roads.
Councilman Kolber said the Clarence Concert Association is looking for library space to store music. We are looking at a few places, but if anyone has a space to offer they should contact him.
Councilman Kolber said he would like to thank Jim Hartz for his years of service and wish him well in his future.
Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
Motion by Councilman Casilio, seconded by Supervisor Hallock to appoint James J. Fiegl as Security Officer PT at the budgeted rate of pay effective as of October 11, 2007, subject to receipt of all required documents. Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Casilio said he met with representatives from NYSEG regarding the possibility of putting up decorative lighting in the Clarence Center area. They discussed the light poles in Harris Hill that the Town has repaired. Power outages were talked about and they feel that they have them under control. Many lines were repaired. There are backyard lines that all may have not been repaired yet. They discussed the street light contract and all of the lights that are out and they said they would fix them.
Councilman Casilio said the speed trailer that the Town has purchased is due to be shipped October 12th. We hope to get that deployed as soon as possible.
Motion by Councilman Casilio, seconded by Councilman Bylewski to appoint Joseph Nemmer, Kim Silvestro and John Wind to the Traffic Safety Committee effective October 11, 2007 to December 31, 2007. On the question, Councilman Casilio said all of these people are civil engineers and work in related fields to traffic management. Town Attorney Bengart said that this will become an annual appointment after December 31st. Upon roll call Ayes: All; Noes: None. Motion carried.
Town Clerk Nancy Metzger reminded everyone that school taxes are due on Monday.
Susan Wickenheiser spoke in regard to item 18. She purchased the property next to 8720 Clarence Center Road based on the original plan of one house in the rear with a 400 ft. setback. She has concerns with the concept plan recommended by the Planning Board including the site, size and location of the private road and turnaround. She feels it is a huge impact on their property and their investment. She asked that this issue be addressed now before it goes for development approval. There have been different plans submitted. If the plan is under review by engineering, how can the Town Board approve it?
A Public Haring was held to consider a local Law amending the Code of the Town of Clarence, Chapter 181 Signs. James Callahan said a recommendation has been forwarded from the Planning Board. The proposed legislation would include new controls for electronic message centers, prohibit electronic moving signs along the Main Street corridor, Planning Board reviews permanent sign applications, non-conforming signs would be replaced within 7 years, reduce front setbacks among other items.
Jim Morabito, Main-Transit Plaza said he is in agreement that standards have to be made, but asked that parts of the law be looked at again. In regard to illumination, he believes that internally illuminated signs are the least distracting. He gave an example of Amigone Funeral Home on Main Street. It is a beautiful sign, but has large lights that shine on it from the ground. He said it is not practical for everyone to do that given the winter weather. Hanging lights may not be aesthetically pleasing either.
Tony Pacenzia, owner of Tony's Barber Shop said an outside lit sign is a form of light pollution. It takes four times the amount of power to light. The snow sticks to the signs in the winter. It encourages vandalism being right on the ground. The law needs to be looked at again. He has been in business here for a long time and feels this is disrespectful. He would be willing to help work on the law, as he believes Jim and Dan would, to appeal to the businesspeople in the Town. One rule cannot apply to all. He asked if the Town Board would be willing to work with them. He would like to work with the Board as a team.
James Callahan said he was contacted by Paul McCarthy, Executive Director of the Clarence Chamber of Commerce expressing their deep concern with the 7 year non-conforming replacement clause in the law.
Councilman Bylewski said he also has concern with three subsections of the law. First, Section 181-2 M. (4) regarding non-conforming signs, there is the no grandfathering clause.
Councilman Casilio said he has a problem with a 7-year window on a sign replacement. It would be an unfair task to put on our businessmen in Town. We try to keep our budgets in line and it would be unfair to do to them. He believes we need a law to get our signs in order. He agrees with Councilman Bylewski regarding the non-profits.
Supervisor Hallock said all of the comments will be considered. The law was intended to improve things and further enhance the businesses in the Town.
Councilman Bylewski said his concern for non-profits has more to do with time limits rather than locations.
Councilman Kolber said the intent of this law is good, but he is not in agreement with some of the specifics. He would be happy to work with the businessmen who spoke to get the business perspective involved.
Councilman Casilio said we do know that there are several signs in Town. It would be very difficult to police the 7-year window.
Tim Pazda said he just attended a Planning Federation class on sign laws. This issue is going on throughout the State. Anytime you change a law or ordinance, it can be a problem for some people. Some municipalities are instituting a buy back program depending on how bad the Town Board wants to change the specific situation. They have the signs appraised and pay the business owner back. It is being done in some towns across the State.
Councilman Bylewski said he thinks the Planning Board did a great job bringing this forward for discussion, but he believes that there are a few items that need to be addressed at the Town Board level.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call Ayes: All; Noes: None. Motion carried.
A Public Hearing was held to consider the request for a Temporary Conditional Permit for an expanded home occupation at 8249 Wolcott Road. James Callahan said the location is the south side of Wolcott, east of Transit consisting of a residential property on approximately 3.77 acres in the Agricultural Rural Residential Zone. The applicant is proposing to continue a longstanding home occupation.
Speaking to the subject:
James Muck, Wolcott Road said it is ludicrous to put businesses in a residential area. The Town is purchasing greenspace. This would destroy greenspace in an area by allowing a business. It defeats the purpose and ruins the character of their neighborhood. Only a business that is actually conducted in the home should be allowed and not one that has big trucks running in and out. They make a lot of noise. It should remain as a farm and residential area.
Councilman Kolber said the request from the applicant is to get him into compliance. He has been operating out there for a long time. He would like to know how many trucks are going in and out of there and for what purpose. He also wanted to know how many employees are working there.
Councilman Bylewski said if it was to proceed, there would be restrictions under the law he would have to follow including no outside storage, no large scale truck deliveries, restriction on the number of deliveries, etc.
Councilman Weiss said he avoided getting permits. We sent letters with no response and then he does not show up here tonight. He is concerned about giving him a permit.
With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Councilman Weiss to deny the request for a Temporary Conditional Permit for an expanded home occupation at 8249 Wolcott Road. Upon roll call Ayes: All; Noes: None. Motion carried.
A Public Hearing was held to consider the request for a Temporary Conditional Permit for an automotive repair shop at 8310 Goodrich Road. James Callahan said the location is the west side of Goodrich, north of Sesh Road consisting of an existing home and barn in the Agricultural Flood Zone. The applicant is proposing to clean up the property and move an automotive repair business to this location.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant the request by the Bicentennial Committee for a Fireworks Display Permit for December 31, 2007 having received all proper paperwork. Upon roll call Ayes: All; Noes: None. Motion carried.
Supervisor Hallock said the fireworks display is the kick off for the Bicentennial.
The Turf Doctor requests a Building Permit and Architectural Approval for an accessory structure at 8910 Sheridan Drive. James Callahan said the location is the north side of Sheridan, east of Shimerville Road consisting of 1.8 acres in the Commercial Zone.
Gold Seal Equity requests amended Development Plan and Architectural Approval for construction of a 12,000 sq. ft. professional office building at 8750 Sheridan Drive. James Callahan said the location is on the north side of Sheridan between Wenner Road and Shimerville Road consisting of 1+ acre in the Restricted Business Zone.
Tom Thielmann requests Minor Subdivision Approval to create an additional lot at 8931 Wehrle Drive. James Callahan said the location is the south side of Wehrle opposite Shimerville Road consisting of 10+ acres in the Industrial Business Park Zone.
Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
Chris Carollo requests Concept Approval and a Fill Permit for a two-lot Open Development Area at 8720 Clarence Center Road. James Callahan said the property is on the north side of Clarence Center Road, west of Shimerville consisting of approximately 4.5 acres in the Residential Zone. The Planning Board forwarded recommendation with conditions.
Benchmark Development requests Amended Development Plan Approval for an outparcel change/redesign for the Shops at Main and Transit at 4401 Transit Road. James Callahan said this is an existing plaza in the Major Arterial Zone. The Development Plan for buildout of the plaza was granted in 2005.
Dan Furmanek requests a Town Board Determination on connectivity and public roads for a proposed Open Space Design Subdivision at 8230 County Road. James Callahan said the property is located on the north side of County Road, east of Stahley in the Traditional Neighborhood District. The project is in review by the Planning Board but has been referred to the Town Board for determination of these items.
Jerry Young of 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 Callahan said the location is the corner of Transit and Sheridan. The Planning Board recommended Concept approval.
Dave Elibol requests a Public Hearing to consider a Special Exception Use Permit for a secondary living unit at 6225 Kraus Road. James Callahan said the location is on the west side of Kraus, north of Clarence Center Road in the Agricultural Rural Residential Zone. The applicant is proposing an in-law apartment.
Michael and Cheryl Tarbell spoke regarding zoning issues at 4594 Shisler Road. Michael said they sent information regarding the issues to the Board a few weeks ago and they would like to know what is being done.
Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications A. Clarence J-C's March 15 & 16, 2008; B. Cub Scout Pack #563 Tiger Den Monthly meetings for 2008; Legion Hall Applications A. Margaret Caito Oct. 14, 2007; B. Clarence Mustangs Oct. 16, 2007; C. Susan Tomassi Oct. 20, 2007; D. Anna Greco Nov. 25, 2007; and E. Charles Lukowski Dec. 21, 2007. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of October 4, 2007 are approved for payment: General Fund - $99,637.89; Highway Fund - $64,505.08; Water District - $1,542.36; Drainage District - $2,821.39; Sewer Districts - $309.35; Capital Fund - $23,715.99; and Trust and Agency 203 - $4,693.41 for a total amount of $197,225.47. Upon roll call Ayes: All; Noes: None. Motion carried.
There being no further business, Supervisor Hallock adjourned the meeting at 9:55 P.M. in memory of Cecelia Herberger, mother of the former supervisor and grandmother of our assistant engineer.
Nancy C. Metzger