10/12/05


A Work Session of the Clarence Town Board was held on October 12, 2005 at Clarence Town Hall, One Town Place, Clarence, and NY.

Deputy Supervisor Anne Case called the meeting to order at 6:06 P.M. Supervisor Hallock was absent due to a death in her family. Members of the Town Board present were Council member’s Ian McPherson, Scott Bylewski, and Joseph Weiss. Councilman Kolber was absent. Other Town Officials present were Deputy Town Attorney David Donahue, Assistant Director of Community Development James Hartz, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Confidential Secretary to the Supervisor Karen Jurek and Director of Administration and Finance Pam Smith.

Director of Community Development – James Callahan

Public Hearings:

7:45 P.M. Open Space Bond Act - to consider the purchase of approximately 30+/- acres of vacant land on Parker Road at a price not to exceed $36,000 plus closing costs and disbursements.

7:50 P.M. Community Development Block Grant Funding - to provide an opportunity for citizens to express community development and housing needs and possible projects which would benefit low and moderate income persons.

7:55 P.M. Proposed Subdivision Law - to consider adoption of a Local Law to be known as Chapter 193, Subdivision Law.

Formal Agenda Items:

Gary Dulski 10625 Clarence Center Road
Applicant requests a Special Exception Use Permit for a secondary living unit in-law apartment in new home to be developed. The proposed site is located on the south side of Clarence Center Road, west of Salt Road on vacant land consisting of 1.52 acres and 100’ frontage zoned Agriculture Rural Residential. Under the Zoning Law, the use can be approved with a Special Exception Use Permit, which would provide a deed restriction that the property can only be used as a single-family residence and can never be rented out. A Public Hearing will be set to consider a Special Exception Use Permit.

Hayes Fish Market 8900 Main Street
Applicant requests architectural approval for a glass enclosed patio area at existing restaurant located on 1.4 +/- acres in the Traditional Neighborhood District.

Work Session Items (for consideration on 10/26/05)

Millionhair Salon 8180 Wehrle Drive
Applicant is requesting approval to add a small addition out the back and extend the existing parking lot to the north. The proposed site is located on the north side of Wehrle Drive, east of Transit Road adjacent to the golf dome on .8+/- acres in the Commercial Zone. Drainage review and approval by the Town Engineer will be required.

Premium Auto Sales 8574 Sheridan Drive
Applicant is proposing to continue operation of a separate automotive repair facility in the Musso Plumbing building located on the north side of Sheridan Drive, east of Harris Hill Road. The property consists of 6.8 +/- acres zoned Restricted Business. Musso Plumbing was approved at this location on 10/13/1999 and a subsequent rezoning to a greater depth was approved on 8/22/01. The Zoning Law adoption on 9/20/05 created a Restricted Business Zone that does not allow for automotive repair facilities. The Town Board could consider a Temporary Conditional Permit for the use.

Gullo Realty 6825-6843 Transit Road
Applicant requests a Demolition Permit and a Clearing, Filling and Grading Permit. The proposed site is located on the east side of Transit Road, north of County Road. The property consists of three separate parcels totaling 3.6 +/- acres and consisting of two separate single-family homes. The applicant (Russell’s) is proposing to demolish the existing homes and clear the land for use with existing business across Transit Road. The property is zoned Traditional Neighborhood District. The structures proposed for demolition are older than 50 years; the action is considered a Type I Action under SEQRA.

Walgreen’s 9200 Sheridan Drive
Applicant requests Concept Plan review for construction of a new 14,820 square foot Walgreen’s drug store. The proposed site is located at the existing automotive sales operation and manufactured housing park at the intersection of Sheridan Drive, Thompson Road and Main Street. Applicant is proposing to demolish the existing automotive sales operation and several of the manufactured housing units. The proposed site is located in a commercial classification. The proposed project does not meet code in terms of parking in the front and the number of parking spaces proposed. The applicants have met with the Executive Committee of the Planning Board to identify the Board’s concerns.

Marvin Ohlson Jr. 10687 Main Street
Applicant requests a Demolition Permit for existing 3-unit apartment building. The property is located on the south side of Main Street, east of Sawmill Road in Clarence Hollow within the Clarence Hollow Traditional Neighborhood District. The structure is greater than 50 years old and demolition will be classified as a Type I Action under SEQRA.

Waterford Village Bank 8411 Main Street
Applicant requests approval to amend the approved architectural style to include the previously requested lucabond siding as opposed to the approved drivit siding to the rear of the building.

Doug Curella 5625 Kraus Road
Applicant is proposing to fill additional area in advance of developing a future home(s) on the site. The proposed site consists of 21+ acres of vacant land zoned Agriculture Rural Residential located on the west side of Kraus Road between Greiner Road and Clarence Center Road.

Deputy Supervisor Anne Case for Supervisor Kathleen Hallock

The budget meeting scheduled for October 15 has been cancelled.

The appointment of Debra Kasting will be announced.

At the September 28, 2005 meeting, the Soccer Club presented a check for $502 for Day in the Park. The check was passed on to the Foundation for next year’s event, which is what the Soccer Club requested it be used for.

Some of the computers we declared surplus might be usable, even though they were inadequate for our needs.

We received the contract from Erie County for snow plowing county roads. Supervisor Hallock gave the contract to Town Attorney Bengart and Highway Superintendent Ted Donner to review. Ted is on the committee.

A resident from Schurr Road came in to voice his concern about road conditions. He has already talked to Legislator Mike Ranzenhofer and Charley Sickler from the County.

Councilman Kolber will not be able to attend the October 20th budget meeting however, the Town Board will stick with the scheduled meeting on that date. Supervisor Hallock left a message with the president of Clarence Center VFC and asked him to contact her if the company wants to meet with the Board.

Deputy Supervisor Anne Case has one item to discuss in Executive Session.

Councilman Ian McPherson

Councilman McPherson will announce the activation of streetlights on Lake Glen Court and Land Stone Drive.

Councilman McPherson has a resolution regarding Rural Transit Service.

Councilman Scott Bylewski

Councilman Bylewski has several minor corrections to the minutes.

Resolution regarding Length of Service Awards Program (LOSAP).

Councilman Bylewski will comment on the September 2005 fire alarm report.

Councilman Bylewski has received Leader Professional Services, Inc. Status Report #107 summarizing their review of Clean Harbors BDT activities for the month of August 2005.

Marjorie Chase has resigned from the Senior Center Board.

Councilman Bylewski has one item to discuss in Executive Session, matters leading to the appointment of an individual.

Councilman Bylewski has a proclamation relative to the YMCA after school program.

Councilman Joseph Weiss

Councilman Weiss will report on meeting he attended regarding Day in the Park.

Councilman Weiss will announce the starting date for the deer management program.

Councilman Bernie Kolber

Councilman Kolber will make an appointment to the Assessment Review Board.

Councilman Kolber will announce a recycling drop off date of October 15, 2005 for Electronics, Computers & Textile Recycling.

Motion by Councilman Bylewski, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss matters leading to the discipline of a particular person, and matters leading to the appointment of a particular person to the MRC. Section 105(1) H of the Open Meetings Law to discuss the proposed acquisition of land. Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock and Councilman Kolber. Motion carried.

There being no further business, the Work Session adjourned at 6:35 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Councilman McPherson, seconded by Councilman Weiss that the Clarence Town Board has decided to act on the advice of Labor Counsel regarding an on going investigation of a particular person. Upon roll call - Ayes: All; Noes: None. Absent: Supervisor Hallock and Councilman Kolber. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Weiss to adjourn the Executive Session at 7:29 P.M. Upon roll call - Ayes: All; Noes: None. Absent: Supervisor Hallock and Councilman Kolber. Motion carried.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, October 12, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Deputy Supervisor Anne Case called the meeting to order at 7:35 P.M. She stated that Supervisor Kathleen Hallock will not be here tonight due to a death in the family.

Deputy Supervisor Case stated that according to Section 9 of the NYS Public Officers Law, in the absence of the Supervisor the Deputy Supervisor shall preside at all meetings of the Town Board and shall be vested with all powers and may perform all duties of the Supervisor except that he or she has no vote on matters coming before the Town Board.

Councilman Joseph Weiss led in the pledge to the flag. Deputy Supervisor Case asked for a moment of silence remembering our service personnel and all of those suffering due to natural disasters.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski and Joseph Weiss. Supervisor Kathleen Hallock was absent. Councilman Bernard Kolber was not present.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held September 15, 2005 as received. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski to accept the minutes of the previous meeting held September 28, 2005. On the question, Councilman Bylewski said he had two corrections: the minutes of October 28, 2005 should be September 28, 2005; and page 302 to set a public hearing for the fire company contracts should be October 26, 2005. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.

Deputy Supervisor Case said the minutes of October 5, 2005 are not ready to be approved at this time.

Deputy Supervisor Case said Supervisor Hallock had two announcements as follows:
          A motion was passed at the Work Session of October 5, 2005 specifying that Debra Kasting will be paid at the rate of Clerk Regular Part Time effective October 3, 2005.
          A number of computers and accessories were declared as surplus at the last meeting. Some computers were not adequate for our systems but may be sufficient for some people. We have 7 Compaq Deskpro computers with Windows 95 and 98 operating systems that can be purchased from the Town. If anyone is interested, please contact the Supervisor’s office.

Motion by Councilman McPherson, seconded by Councilman Weiss to authorize NYSEG to activate a total of 5 streetlights in the Stonecreek Subdivision, Phase V, on Lake Glen Court and Landstone Drive, as per the NYSEG street light layout dated October 2, 2003, with the exception of the approved change in the location of one of the streetlights to 8865 Lake Glen Court, NYSEG proposal and as per as-builts submitted. Standard, fixtures and underground conductors to be installed by the developer. Conductors, fixtures and standards to be owned and maintained by the Town of Clarence. Connection, energy lamp and photo electric eye replacements to be supplied and maintained by NYSEG under the terms and conditions covered in NYSEG’s street lighting agreement with the Town of Clarence. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.

Councilman McPherson announced that Friday, October 14, 2005 is the deadline for submittal to the Chamber of Commerce for Citizen of the Year, Business of the Year, Organization of the Year and Young Person of the Year. If interested, anyone can call the Chamber of Commerce at 631-8888.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Whereas, the Town of Clarence fire protection districts are serviced completely by volunteer firemen and women; and
          Whereas, these firemen and women unselfishly dedicate their service to the community to insure that the Town of Clarence is a safe place to live; and
          Whereas, the Clarence Town Board wishes to provide additional incentive for the recruitment and retention of firefighters.
          Now therefore be it
          Resolved, that in appreciation for the invaluable and dedicated services provided by the volunteer firemen and women who serve the Clarence Community and its residents, and to provide additional incentive for the recruitment and retention of volunteer firefighters, the Clarence Town Board will willingly comply with all federal and state mandates and laws to provide the volunteer firefighters with the right to earn retirement points beyond each fire district’s current retirement age.
          Resolved, that the Clarence Town Board hereby directs the Town Attorney to take all legal and necessary steps required to make amendments to the Volunteer Firefighters Length of Service Award Program, upon the certified request of the individual fire companies servicing the Fire Protection Districts within the Town of Clarence.
          Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.

Councilman Bylewski received the Central Fire Alarm Office September 2005 Operations Report. Town of Clarence fire companies responded to the following: 1 – Structure Fire; 3 – Miscellaneous Fires; 85 – EMS Calls; 17 – Motor Vehicle Accidents; and 50 – Miscellaneous Calls for a total of 156 alarms.

Councilman Bylewski stated that the Town received Leader’s Status Report No. 107 for review of Clean Harbors BDT and the activities for August 2005. They reviewed documentation and soil samples from the site. They will continue review and comment on the RFI submitted by Parsons and review correspondence received from the Town of Clarence. This report will be on file at the Town Hall for anyone interested.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept, with regret, the resignation of Marjorie Chase from the Senior Center Board of Directors as of October 15, 2005. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.

Councilman Bylewski said the term left by Mrs. Chase was to expire 12/31/05. Anyone interested should turn in an application by November 16th.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Lisa Bertino Beaser as a member of the Municipal Review Committee. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.

Councilman Bylewski referred to James Callahan, Director of Community Development for the 36th moratorium action report.
          James Callahan reported the following:
          Subdivision Law – Public Hearing to be held this evening. Planning Board has recommended adoption.
          Adequate Public Facilities Law – Consultants have responded to questions from the Planning Board. To be discussed further at the Planning Board level.
          Parks & Recreation Master Plan – Consultants have forwarded a draft recommendation to be reviewed by the Recreation Advisory Board.
          Landscape & Tree Law – Planning and Zoning Department continues to work on a draft.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following proclamation:
          WHEREAS, October 20, 2005 marks the Sixth Annual LIGHTS ON AFTERSCHOOL! Rally; and
          WHEREAS, more than 6,000 sites across the nation will participate to send the message that afterschool programs are key to children’s success and that we must keep afterschool’s lights on and doors open; and
          WHEREAS, the Sheridan Hill Elementary School located on Boncrest Drive East in the Town of Clarence is one of the sites that will participate in the “Rally”; and
          WHEREAS, the parents of more than 28 million school-age children work outside the home and at least 7 million and as many as 15 million “latchkey children” go to an empty house on any given afternoon; and
          WHEREAS, the benefits of quality afterschool programs are clear in that they support working families by ensuring that children and teens are safe and productive when the school day ends; and
          WHEREAS, quality afterschool programs make our communities stronger by involving students, parents, business leaders and volunteers; and
          WHEREAS, these programs give children and teens the opportunity to discover their hidden talents as they grow academically and socially; and
          WHEREAS, unfortunately, there are not enough afterschool programs available to children and teens; and
          WHEREAS, an overwhelming majority of the public agrees that afterschool programs are necessary in today’s society in that they keep children and teens safe, help working families and improve academic achievement; and
          WHEREAS, it is important that these programs should be maintained and supported, especially, financially by the public.
          Now therefore be it
          RESOLVED, that the Clarence Town Board supports afterschool programs and proclaims OCTOBER 20TH, 2005 As “LIGHTS ON AFTERSCHOOL DAY” In the TOWN OF CLARENCE.
          Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.

Councilman Bylewski announced that last Monday he held a community organization forum on how these organizations could band together to further help out the Town. There were about 20 representatives from various organizations. They all felt it was worthwhile to get together and will try to schedule a meeting at the end of November. Councilman Bylewski said they would like to bring in a consultant who specializes in recruiting and retaining volunteers to speak to the group.

Councilman Weiss said a meeting was held by the committee for the Day In the Park event. Some new people came to the meeting after attending the forum held last Monday. Chuck Eckert, who did a great job on the event this year has agreed to serve as chair for next year’s event. Any group interested should contact Chuck. Issues discussed included handicap parking and a possible rain date. However, keeping the fireworks company on hold for a rain date was cost prohibitive.

Councilman Weiss said a meeting of members participating in the deer program was held last night. The program for this year will commence on November 1st. John Jondle has done a great job with this program. We have had fewer deer/car accidents because of the program. It is the taking of antlerless deer by volunteers with all of the meat going to the food banks. He is a participant and a lot of hard work goes into this program by all of the volunteers.

Deputy Supervisor Case said Councilman Kolber had an announcement regarding the electronic recycling drop off this Saturday at Erie Community College South Campus from 9:00 am to 2:00 pm. Items to be recycled include computers, cell phones, batteries, televisions, etc. There are also collecting old clothes and textiles. All items will be used by AMVETS at their retail locations or recycled.

A Public Hearing was held to consider the purchase of approximately 30+/- acres of vacant land on Parker Road at a price not to exceed $36,000 plus closing costs and disbursements. James Callahan said the location is on the west side of Salt Road, south of Delaware Road at the end of Parker Road. The parcel adjoins Beeman Creek Park. It is located within the density flood zone and Federal and State wetlands. There is a recommendation from the Recreation Advisory Committee to pursue acquisition at the negotiated price.
          Speaking to the subject:
          David Folger, Assessor said he submitted a letter regarding this subject. Access to this parcel is 2,000 ft. off Salt Road and the public will never drive by it. Prior acquisitions were to maintain the view. It is a swamp that is landlocked. The appraisal was done two years ago. He does not think it is worth $36,000.
          Councilman McPherson asked what impact the proximity to Beeman Creek Park has on the desirability for acquisition of this property or the value. Mr. Folger said it would make more sense if the Town was here to purchase Beeman Creek Park. It has road frontage and if the Recreation Department was going to throw some money in to do something with it. It is still protected by the DEC because of the wetlands.
          Councilman Weiss asked if Mr. Folger’s involvement was only two days ago? He said yes.
          Councilman Bylewski asked if anyone present knows how this parcel ranked in terms of the criteria for consideration.
          Peter Wolfe said he has been on the committee for some time. They chose this parcel for several reasons. He has been on this parcel and it is not wet. There are plantations of pines. They had the property appraised by a professional appraiser. It is a nice piece and may not be the only one in that area. There are wet areas, but you do not need hip boots.
          Councilman Bylewski asked if there is a timing issue on the purchase of this property. Mr. Wolfe said not that he is aware of.
          Renee Desai, 5160 Ledge Lane said she is very surprised that the assessor has not been thoroughly involved in this project. She urges that he is involved earlier on.
          With no one else speaking to the subject, motion was made by Councilman McPherson, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.
          Motion by Councilman Weiss, seconded by Councilman McPherson to table decision on the purchase of approximately 30+/- acres of vacant land on Parker Road at a price not to exceed $36,000 plus closing costs and disbursements until we have more information. On the question, Councilman Bylewski asked what information is he looking for? Councilman Weiss said the assessor has only had 48 hours to look at this. There is the issue is it wet or dry. Councilman McPherson said timing does not appear to be an issue and he thinks it would be beneficial to have the entire Town Board vote on the purchase. Councilman Bylewski said he knows the assessor has had issues with purchase prices and maybe we should get a second appraisal on this piece to find out if we are appraising them incorrectly or is there a difference as to how we are assessing them as a Town as well. Councilman Weiss said he would like to know why the assessor is involved so late. Councilman McPherson said this has happened with every purchase and he is the one who assesses these properties. Councilman Bylewski said he believes everyone on the Town Board is interested in preserving greenspace for the Town to maintain the quality of life. We have the time and we will make sure that we are doing the right thing. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.

A Public Hearing was held to provide an opportunity for citizens to express community development and housing needs and possible projects, which would benefit low and moderate income persons in the Town. James Callahan said the Community Development Block Grant program administered through the Department of Housing and Urban Development is designed to benefit individuals of low to moderate income. The Town of Clarence is a member of a consortium of local governments. The program is administered by the Erie County Department of Environment and Planning. This public hearing is to solicit ideas to pursue grant money.
          Speaking to the subject:
          Joseph Latona Town Engineer said he had two projects to suggest for the program. One, an antiquated wastewater treatment facility at the end of West Avenue in the Clarence Hollow, which is within Sewer District No. 9 needs to be eliminated. He suggests a sanitary sewer down West Avenue. The estimated cost for the sanitary sewer is $70,000. The Town of Clarence would share in that cost with $180,000 to get the sewer to West Avenue to service homes from Main Street up to West Avenue.
          Mr. Latona said the facility is a sandfilter system that used to service Parker School. The Town has been required to maintain the facility for 99 years.
          Mr. Latona suggests another project for the addition and/or replacement of sidewalks on West Avenue. The estimated cost is $20,000.
          Deputy Supervisor Case read a letter into the record from Matthew and Amy Balling suggesting the concept of a Safe Routes to School Program for Clarence. Many older neighborhoods lack safe sidewalk and crosswalk systems to make the journey to school on foot a safe one. They suggest preparing a plan that would lead to the implementation of a sidewalk, crosswalk and intersection improvements to schools.
          James Callahan said the Town has conducted an income survey and West Avenue would qualify for this project. Rural Transit is an annual expenditure and would qualify as well.
          With no one else speaking to the subject, motion was made by Councilman McPherson, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Absent: Councilman Kolber and Supervisor Hallock. Motion carried.
          Councilman Kolber arrived.
          Motion by Councilman McPherson, seconded by Councilman Weiss to adopt the following resolution:
          Whereas, the Clarence Town Board is desirous to provide services to low and moderate income persons who reside in the Town of Clarence; and
          Whereas, the Clarence Town Board set a public hearing for October 12, 2005 at 7:50 p.m. to provide an opportunity for public input to the citizens of the Town to express community development and housing needs and possible projects that would benefit low and moderate income persons residing in the Town; and
          Whereas, the Clarence Town Board will consider and submit all projects that qualify for the Erie County Community Development Block Grant program for ECCDBG funds; and Now, Therefore, Be It
          Resolved, that a meeting of the Clarence Town Board duly held on Wednesday, October 12, 2005, and after all interested parties having been heard, the Clarence Town Board hereby authorizes Kathleen E. Hallock, Supervisor of the Town of Clarence, Erie County, New York, to sign, submit and execute a contract with the Erie County Community Development Block Grant (ECCDBG) program for the following projects upon approval of ECCDBG.

  1. West Avenue Sewer/Sidewalk installation, cost of $90,000.
  2. Rural Transit Service for 2006-2007.
Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.

A Public Hearing was held to consider adoption of a Local Law to be known as Chapter 193 Subdivision Law. James Callahan said this represents a comprehensive update to procedural and design diagrams for all lots that occur within the Town of Clarence. Some major changes from the current law include: all splits including minor subdivisions are to be approved by the Town Board; updates to design for major subdivisions to include greater setbacks from existing public roads, greater amounts of open space and recreation space within the development; 12% minimum recreation space or equivalent payment in lieu based on value of the land in all major subdivisions; procedures designed to match the current review process for major subdivisions as well as the Zoning Law and other land use legislation; required formation of districts and the determination of adequacy of public facilities prior to approval; general preservation of natural features such as trees and waterways within a specific major subdivision design; and identify a Negative Declaration under SEQRA after a coordinated review initiated by the Town Board acting as lead agency under the proposed Subdivision Law. Mr. Callahan said the Planning Board has forwarded a recommendation for approval.
          Speaking to the subject:
          Joe McIvor, 6151 Walnut Creek Ct., and Executive Vice President of the Builder’s Association said that Draft 5 is unacceptable. He asked the Town Board to table or deny this proposal. He feels this document will try to legitimize public takings of private property without just compensation. It will further the practice of inclusion zoning. There have been 85 new homes issued through August. New housing subsidizes existing residents. It will limit his industry to a market, which is non-existent. The impact of this proposed law warrants a SEQR review. He asked that it be denied in its present form.
          Dave Folger said he is most concerned with the proposal that before a person sells a lot they have to come to the Town Board for approval. James Callahan said the way it is designed you would have to have Town Board approval before you split your property. Mr. Folger asked what would you do if they say no. James Callahan said it is currently that way for minor subdivisions. It is absolutely a problem right now.
          Councilman Bylewski said currently they are supposed to go through the minor subdivision review committee and the proposal is for the Town Board to take that on. He believes the Town Attorney was thinking that if they split it without approval, then they will not get a building permit issued for it. Deputy Town Attorney David Donahue said that is correct. They would not have a legal subdivision.
          Dave Folger said he sees a lot of problems with this. James Callahan said this has been on the books since 1959. This basically moves it beyond four lots to any split. Mr. Folger asked if it had anything to do with the Erie County Health Department requirements for setbacks? Mr. Callahan said that is New York State Law. Councilman Kolber said the problem is lots are sold and then people find out that they cannot do anything with it. The intent is to get them to look at it ahead of time. Councilman Weiss said if your attorney is doing his due diligence on a purchase, this should come up. Councilman Bylewski said he forwarded the proposed law to the Bar Association’s Real Property Committee so that they would know about it.
          David Donahue said in his practice he contacts each Town to see how it is handled and what their process is.
          Councilman Bylewski said it was his understanding that the proposed draft went through the SEQRA process. Mr. Callahan said that is correct.
          Frank Kennedy, 4540 Gentwood Drive said one of the things he noticed that was never mentioned is traffic in his area of Town is unbearable. Nobody seems to listen. Harris Hill Road was never designed to take the traffic that is there. We must remember the inability of all this traffic on our roads. Mr. Kennedy said there is plenty of business in Western New York and it does not all have to be in Clarence. He keeps hearing from the builders that they cannot get any work because we are trying to cut back on, what he believes is sprawl. His biggest concern is the traffic.
          Deputy Supervisor Case said James Blum, 5509 Martha’s Vineyard submitted some written comments because he is unable to be here. He is in favor of passing the proposed Subdivision Law. It improves many things to protect the interests of the Town of Clarence citizens. It is urgently needed before the moratorium is lifted.
          Mr. Blum identified six items that are very beneficial: 1. Public Hearing before concept approval as the most significant step in the approval process; 2. Variances require a supermajority vote of the Town Board. 3. Manual of Standards for Land Development of the Town will be brought up to date in concert with the Subdivision Law. 4. Land for Active and Passive Recreation is spelled out clearly. 5. Mature Tree Preservation is good to protect trees greater than 6”, but should require a map of trees. 6. Topsoil Depth standard is a much needed improvement.
          Mr. Blum also felt that the following items should be improved: 1. The standard for local street right-of-way is reduced from 70 ft. to 60 ft., which reduces the distance between fronts of houses by 10 ft. 2. Expirations for concept and development plans of two years after approval is excessive and he feels one year should be adequate. 3. Final Plat Review would be a good time to mention covenants, deed restrictions and homeowner’s association rules. 4. Rural Look could be promoted by not allowing frontage lots within Open Developments. Mr. Blum urges the Town Board to pass this law tonight.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Whereas, after a public hearing duly held on October 12, 2005 to consider an amendment to the Code of the Town of Clarence to be known as Chapter 193, Subdivision Law, and after all interested having been heard;
          Now therefore, be it
          Resolved, that the Clarence Town Board hereby adopts Local Law No. 5 of the year 2005 amending the Clarence Town Code to be known as Chapter 193, Subdivision Law. This local law will become effective upon filing with the Office of the New York State Secretary of State.
          On the question, Councilman Bylewski thanked the Planning Department, Planning Board, MRC and all the individuals who expressed their thoughts to put this law together. It is not perfect, but it is the best we have been able to come up with to preserve our rural character and insure that we grow smartly as a Town.
          Councilman McPherson said he agrees it is not perfect and there are some things that we will find unworkable. One of the things is the placement of some facilities ahead of approval of a project. Many times the funding has to be part of the overall project. He agrees with some of the items Mr. Blum brought up. He hopes that we retain the ability to examine these things as they are tested.
          Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to set a Public Hearing on November 2, 2005 at 7:45 P.M. to consider the request by Gary Dulski for a secondary living unit at 10625 Clarence Center Road. Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.

Hayes Fish Market requests Architectural Approval for a patio enclosure at 8900 Main Street. James Callahan said the location is the northwest corner of Main and Shimerville in the Traditional Neighborhood District.
          Frank Wailand presented a sample picture of what they are proposing. It is white aluminum framing with glass. The windows will slide open every six feet with screens. The size of the enclosure is 20’ x 34’ and does not take up the entire patio. There will be double doors at one end to the outside patio.
          Councilman McPherson asked if he was aware that this is being treated as a building addition? Mr. Wailand said yes.
          Councilman Bylewski asked if the glass was going to be clear and if there would be heating out there? Mr. Wailand said the glass is clear. He may have a temporary heating unit out there to extend the season.
          Councilman Bylewski asked Mr. Callahan if the proposed project was in keeping with the spirit of the Harris Hill Traditional Neighborhood District? Mr. Callahan said it is.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant Architectural Approval for the patio enclosure at 8900 Main Street. On the question, Councilman Kolber added subject to Building Department approvals. Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to adopt the following resolution:
          Whereas, Rural Transit Service, Inc. provides transportation services to eligible, low and moderate income persons who reside in the Town of Clarence, Newstead and Village of Akron; and
          Now, Therefore, Be It
          Resolved, that a meeting of the Clarence Town Board duly held on Wednesday, October 12, 2005, the Town Board hereby agrees to sign onto the van program and continues to support Rural Transit Service Inc. for the 2006-2007 Community Development Block Grant year.
          Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications – A. Cub Scout Pack 563 – Oct. 20, 2005; B. Clarence Log Cabin Quilters – Dec. 6, 2005; and Legion Hall Applications – A. Harris Hill Mothers Club – Oct. 21, 2005; B. Lori Bruno – Nov. 2, 2005; C. Clarence Democratic Committee – Nov. 8, 2005; D. Cheryl Palmer – Nov. 11, 2005; E. Karen O’Neill – Nov. 13, 2005; F. Domenic Montanino – Dec. 4, 2005. On the question, Councilman Bylewski said he is a member of Legion Hall C., however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of October 6, 2005 are approved for payment: General Fund - $142,658.94; Highway Fund - $106,087.94; Water District - $34,906.24; Sewer Districts - $330.09; Capital Fund - $21,019.98; Special Revenue - $3,308.34; and Trust and Agency 203 - $12,978.75 for a total amount of $321,290.28. Upon roll call – Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.

“For the Good of the Town”

Kevin Curry, 4197 Heather Ct. said he is a member of the Youth Center Board of Directors. He is also an Executive Board member and with him tonight are members Barbara Utter and Bob Hoag. His reason for being here is the comment on the proposed closing of the Youth Center. He is very much opposed to closing the Youth Center. He asked for assurance from each Town Board member that they will not support closing the Youth Center. Mr. Curry believes that it is a community asset. They have prolonged capital improvements over the last few years because they were told there was a new center in the making. As a Board, they would like to make improvements and provide additional services. He feels it would be a travesty and a loss to lose the building.
          Councilman McPherson said he does not believe the center should be closed until or unless an alternative program of equal or greater benefit is available to the youth. The total expenditure is minuscule to him. He would like to see more people take advantage of the youth program. He would like to see a more sensitive research and review to improve the overall program for the entire youth in Clarence. He does not think it should close until we have a replacement program in place that we can be proud of.
          Councilman Weiss said when he first became liaison to the Youth Center, he walked in to two adults watching three kids. The cost of that on an annual basis is very, very expensive babysitting. He was the one who initiated hiring a professional youth director. We feel that youth are served by many other organizations, but still recognize that some fall through the cracks. We could take the money from this unutilized center and help the children of this Town to a greater extent than what we have been doing for many years.
          Councilman Bylewski said we have hired an executive director, who has done a wonderful job in terms of getting programs lined up. She has promised to meet with each and every family who presently use the center to make sure that no child falls through the cracks. It should not be about the bricks and mortar, but about the children and making sure we have the proper programs in place.
          Deputy Supervisor Case thanked Mr. Curry for his comments.
          Councilman Kolber said he supports what the youth director has been doing and believes that we can do a lot better with the money. We need to know what it would really take to renovate the structure. He would like to see programs in place before we close it. The youth director has assured him that she has far better programs that she would like to put in place.
          Councilman Weiss said there are many other locations throughout the Town that could be utilized for programs.
          Councilman Kolber said he understands that it is hard to change after 30+ years, but it was the only thing available. There was not much else to do. There are so many activities to choose from now.
          Kevin Curry said they fully support Dawn Kinney and like the idea of additional programs. They just feel that closing the center after a four month analysis is a little hasty.
          Tim Pazda, Country Club Dr. said he just came back from the New York Planning Federation Conference. It was a tremendous learning experience and he thanked the Town Board for the opportunity as a Planning Board member to attend.

There being no further business, Deputy Supervisor Case adjourned the meeting at 9:00 P.M. in memory of Supervisor Hallock’s brother, John.

Nancy C. Metzger
Town Clerk