10/27/04


A Work Session of the Clarence Town Board was held October 27, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Clarence Center Volunteer Fire Company

Tim Pazda representing Clarence Center VFC stated that there is a 7.16% increase over last year, not counting Length of Service Awards. There is a long range plan for vehicle replacement and firematic equipment. There was a large increase in property development that is due to Williams Hall because of the asbestos. After the demolition of the Honsberger house and the asbestos abatement that they had to go through, what ever happens to Williams Hall is going to be very expensive. There is a committee studying the future plans of Williams Hall and what should be done.

Harris Hill Volunteer Fire Company

Gary Soehner, Treasure for Harris Hill VFC stated that they have had increases in insurance, vehicle fuel and maintenance which will be off-set somewhat by the fact that one of their truck loans will be paid off in the coming fiscal year. They are doing whatever belt tightening they can. The construction of the new fire hall is on going, they have stayed on schedule with their building budget. Supervisor Hallock stated that Harris Hill VFC request is down $1000. from last year. Last years rate was $1.33 the 2005 rate is $1.31. Mr. Soehner stated there are no immediate plans for vehicle replacement other than possibly the fire chief’s vehicle.

Swormville Volunteer Fire Company

Dick Linde and Al Weiser representing Swormville VFC stated that spending is up. The tax rate was underestimated last year by $5,000. Swormville VFC has a new building, there are increases in utilities. Organizational expenses are up, a new computer and network system will be installed throughout the building at a cost of approximately $13,000. With the new building, there are numerous maintenance costs such as maintenance fees to keep up the sprinkler system, the HVAC system, and building maintenance. A drug testing program will be implemented. $10,000 has been added to the Motorized Fund because the 1982 pumper will have to be replaced hopefully next year or possibly the following year. Anticipated revenue comes from their annual fund drive, the annual gun raffle and interest in the bank.

Rapids Volunteer Fire Company

No representation from Rapids fire district.

East Amherst Volunteer Fire Company

No representation from East Amherst Fire district.

Director of Community Development James Callahan

Public Hearings:

A Public Hearing is scheduled for 7:45 P.M. to consider a Local Law amending the Zoning Law and Zoning Map of the Town of Clarence.

A Public Hearing is scheduled for 7:50 P.M. to consider an amendment to the Town of Clarence Type I Action List under the State Environmental Quality Review Act (SEQRA).

Formal Agenda items:

Dan Cox 8370 Main Street

Applicant requests a Building Permit for the construction of a two story addition to the existing medical office building for the purpose of creating more storage and administrative office space. No additional patient care rooms are proposed. The proposed site is located in the Commercial Zone on the north side of Main Street between Westwood Road and Arondale Drive. The proposed addition is located to the rear of the building and will not significantly alter the existing appearance. Parking requirement should not change from existing conditions.

Bison Nursery/Mike Petroci 9000 Main Street

Applicant requests a Building Permit for construction of a greenhouse at the existing landscape business in the Commercial Zone. The proposed site is located on the north side of Main Street, east of Shimerville Road. All required setbacks will be met by proposed addition. No existing parking spaces are removed.

Mike Helbringer 8455 Clarence Center Road

Applicant requests an amendment to the existing Planned Unit Residential Development (PURD) at Bristol Village/Vinecroft housing complex creating one single family residential lot along Clarence Center Road. The property consists of 39+/- acres zoned PURD. The overall density of the project as originally approved was calculated utilizing the ratio of two suites per unit. The Bristol Village portion of the PURD contains 84 suites or 42 units on 16.19 acres. The overall density would be approximately 2.6 units per acre. It is calculated that the density as amended would remain in compliance with the PURD classification.

NOCO Energy Corporation 8945 Main Street

Applicant requests a demolition permit for existing home. Per the recent amendment to the Demolition Law, the property contains a structure that is older than 50 years old and therefore the action is considered a Type I Action under SEQRA. Applicant is seeking to remove the existing home for future commercial project. The Town Board must take appropriate action under SEQRA to coordinate review among involved agencies.

Work Session items for consideration at the 11/03/2004 meeting

Summit Federal Credit Union 5641 Transit Road

The proposed site is located on the east side of Transit Road, north of Roll Road at the existing Arby’s Restaurant and office building located on 1.35 acres in the Major Arterial Zone. Applicant is proposing to demolish the existing structures on the property and construct a new 4,660 square foot credit union. Applicant will utilize existing access and the retention ponds in the front. The Engineering Department has reviewed the Development Plans and forwarded a recommendation for approval. The Planning Board has forwarded a recommendation for Development Plan Approval. Commercial Open Space fees apply.

Fred Cimato 6070 Kraus Road

Applicant requests subdivision of land or Special Exception Use Permit for construction of a duplex in the Agricultural Zone. (Applicant asked to be removed from the agenda.)

Jim Manguso 6785 Transit Road

Applicant requests Concept Plan approval for construction of a 15,467 square foot Walgreen’s drug store. The proposed site is located on the northeast corner of Transit and County Roads. There are issues regarding the floodplain, wetlands and location within the Swormville Traditional Neighborhood District as identified in Master Plan 2015.

Mary Jo Parker 8160 Wehrle Drive

Applicant requests a building permit for construction of a pole barn. The proposed site is located on the north side of Wehrle Drive, east of Transit Road consisting of 1.27 acres in the Commercial Zone.

Norm Castine 5373 Transit Road

Applicant requests a building permit for construction of a 10’ x 50’ addition to existing commercial structure. The proposed site is located on the east side of Transit Road, north of Greiner Road behind the Consumer Beverage store. The proposed addition is in conformance with all required setbacks in the Major Arterial Zone. The Special Exception Use Permit remains in force with no changes proposed. Town Engineer Latona stated that there is a large ditch located near the proposed site that has to be taken into consideration.

Niagara Implement 8655 Transit Road

Applicant requests an Outside Display Permit. The proposed site is located on the northeast corner of Transit Road and Tonawanda Creek Road. Applicant is requesting approval to display machinery outside of a wholly enclosed structure. The Town Board has discretionary authority to approve outside display of equipment with a Special Exception Use Permit.

Supervisor Kathleen Hallock

Supervisor Hallock will make a motion to appoint Scott Marchant to the Inter-Community Committee and Tracy Francisco to the Ethics Board.

The November 10, 2004 morning Work Session with Bob Rogers from Amtek has been cancelled and will be rescheduled after the first of the year.

The road in Memorial Park is considered a town park road and is subject to 15MPH speed limit. Town Engineer Joseph Latona has been working with Acting Highway Superintendent Ted Donner on signs and speed bumps etc. Councilman Kolber suggested installing gates or barricades to keep vehicles off the road. Mr. Latona will speak with the Highway Department regarding the installation of barricades.

Supervisor Hallock will have a transfer of funds from Contingency for the bike path foundations on Ransom Road.

Parks Chief Security Officer is requesting the use of a Town cell phone. Supervisor Hallock suggested giving him a surplus phone. The Town Board was in agreement with this.

Councilman Ian McPherson

Councilman McPherson will make a motion authorizing NYSEG to activate a total of seven streetlights in the Spaulding Lake Subdivision, Part IV, Phase IV on Rockhaven Drive and Stonecliff Court.

Councilman McPherson will comment on the Erie County/Amherst sewer fee settlement.

Councilman McPherson is researching the establishment of another gas light district.

Councilman Scott Bylewski

Councilman Bylewski will set a Public Hearing for November 17, 2004 @ 7:55 P.M. to consider the Adelphia Cable franchise agreement. A copy of the agreement will be on file in the Town Clerk’s office.

Councilman Bylewski has several recommendations from the Municipal Review Committee.

Councilman Bylewski has a recommendation from the Planning Board for the Town Board to adopt Town of Amherst/Clarence Resolution regarding the Transit Road Corridor Management Study Implementation.

Councilman Bylewski will set a Public Hearing for November 17, 2004 @ 7:50 P.M. to consider the adoption of a Local Law of Land Use Laws, Rules and Regulations Compliance with the adopted comprehensive plan.

A parking issue was discussed at the Executive Planning Board meeting regarding Valley Inn. Director of Community Development James Callahan stated that this has been an issue for several years. The problem was solved for awhile however, with the reconstruction of Main Street, Sawmill Road frontage has been completely paved which is not in conformance with the agreement that the Town had made with Valley Inn in 1994. A fence was put up and several spaces for compact cars were implemented on the south side of the kitchen entrance. That has all been eliminated and is completely paved. Patrons have started parking in this area. The Zoning Office invited the owner of Valley Inn to come in and speak with the Planning Board, this area is in Town rights of way and there should be no parking. Councilman McPherson stated that in the past, there were several informal agreements between the owner of the restaurant, the Planning Board, Town Board and the Highway Department. Mr. Callahan stated that this is a public safety issue. Councilman McPherson stated that the problem awareness was enhanced by the fact that the entire area has been paved and that there are no street markings. Town Attorney Bengart will review.

Councilman Bylewski will mention the changes from the Tentative to the Preliminary Budget.

Councilman Bylewski has one item to discuss in Executive Session regarding pending litigation regarding Francis Development.

Councilman Joseph Weiss

A public meeting regarding the establishment of Neighborhood Watch Groups will be presented by Sheriff Vince Delgato on November 8, 2004 at 7:00 P.M. in the Town Hall auditorium. Notices have been mailed out to several homeowner associations and service organizations everyone is invited to attend.

Councilman Weiss attended a meeting hosted by Voice Buffalo regarding sprawl.

Acting Highway Superintendent Ted Donner is requesting a transfer of funds to continue road maintenance.

Acting Highway Superintendent Ted Donner is requesting approval to place an order for two new plow trucks.

Town Engineer Latona is requesting a transfer of funds

Councilman Weiss attended the Clarence School Board meeting and according to the article in the Clarence Bee, Thomas Coseo states “that we are seeing a consistent in-migration of families with middle and high-school aged children. While we have sufficient elementary instructional space, classrooms planned in the early 1990s for our middle and high school students are nearing capacity. The key issue for the community is to appropriately plan for the future in a fiscally responsible manner.” There are several committees looking at several options and each one of them is costly. We have a contentious teacher salary issue and that coupled with the fact that our building department is inundated with continual fire inspections, pool inspections, and new builds etc. At the same time, we are experiencing the reduction of federal and state money to the towns. Councilman Weiss is recommending the Planning Department and Town Attorney look at the process of reducing the number of new builds from 240 to 100. We have to look at the protection of the citizens more than anything else.

Councilman Bernard Kolber

Parks Crew Chief John Burns is requesting the posting of an Auto Mechanic position. This is an upgrade, not a new position.

Parks Crew Chief John Burns is requesting a transfer of funds.

Steve Murtaugh has contacted Councilman Kolber regarding the pruning of several trees on Town property. Councilman Kolber spoke with Parks Crew Chief John Burns and he assured him that everything is being done the way it should be. Supervisor Hallock stated that she has suggested that Mr. Burns consult with the arborist.

Recreation Director Howard Johnt is requesting a transfer of funds for upkeep of the Town pool.

Town Attorney Steven Bengart

At the September 22, 2004 there was a discussion regarding the demolition of the barns at Salt and Greiner Roads. Town Engineer Latona stated that Senior Building Inspector David Metzger, Acting Highway Superintendent Ted Donner and himself went to the site on numerous occasions. They have obtained permission from NYS DEC to bury the material as close to the site as possible and note where the burial site is. In addition to that, Mr. Latona is having the property lines staked out. The utility companies have been notified to address any underground utilities. The gas service for the existing house is coming off of our building; the gas company has been notified to relocate the service. They have been looking at the structural part and how to take the building down. Town Attorney Bengart suggested a motion be made tonight that the Highway Department in conjunction with the Town Engineers office take whatever steps are necessary to demolish the barn. There is safety issues involved.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105 (1)D of the Open Meetings Law to discuss pending litigation relative to the Francis Development. Upon roll call - Ayes: All; Noes: None. Motion carried.

The Work Session adjourned at 6:45 PM

Motion by Supervisor Hallock, seconded by Councilman McPherson to adjourn the Executive Session at 7:02 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

The Work Session reconvened at 7:02 P.M.

Memorial Park/Clarence Girls Softball

Commissioner Rick DiVita opened by saying that he was not here this evening to place blame or criticize anyone. The softball fields at Memorial Park as they are laid out right now are causing safety concerns for both the girls and the spectators. He would like to resolve the situation the best he can. When the concern came up, Consulting Engineer Don Gallo stated that he went out and measured the fields. In most cases, they meet the minimums and maximums. When these types of parks are built, there is a physical footprint to work with and there is always a committee involved in the concept. The committee comes in with their requests and his job is to try to fit as much of the requests on to the footprint as he can. In this case, we ended up with four softball fields because that was the wishes of Clarence Softball League. Because of the physical distance from the road to the property line, something had to be done to make them fit with the intent of making the baselines as long as we physically could without compromising that. The issue is that the backstops are approximately 30 feet apart and that has raised some concerns. This became apparent when the posts for the backstops were installed.

Don Gallo stated that the original field design was slightly modified to be able to fit the number of requested fields. The concept plan was 25 – 30 feet, backstop to backstop.

Rick DiVita stated that the bleachers are within 20 feet of each other. There is a similar situation at the high school, there is no fencing between the fields so players and spectators can be hit by a line drive while watching another game. Mr. DiVita stated that his biggest concern is that fencing has to be installed along the baselines and continuing where the actual fence is now to protect the girls and anyone watching the game from getting hit with a line drive.

Don Gallo stated that the drawings for the girl’s softball fields go back to the year 2000. Is was always understood that the backstops were back to back. Because of the physical constraints, two fields were placed above the parking lot and two below. Mr. DiVita stated that the last drawings that girl’s softball was able to review showed there was no parking.

Rick DiVita further commented that he was under the impression that all the fields were to be identical. The boys baseball fields are being enclosed by fences, their backstops are already enclosed by fences. Why do the boys get special treatment over the girls? The outfield fences are at 175’ which is below girl’s softball minimum so if they ever want to have ASA tournaments, they can not technically use the fields because their fences have to be 220’.

Mr. Gallo stated that the little league fields were fenced since the day they started the project. Softball never requested fencing since the day the project started. If it was a requirement or a desire of any league, it would have been included on the plans. It was never suggested or ever asked for at any of the meetings if it had been it would have been done.

Rick DiVita stated that Clarence is the only Town that does not fence their softball fields. Mr. Gallo stated that Mr. DiVita or a representative from girl’s softball should have brought this up at any one of the meetings.

Town Engineer Latona stated that at all the meetings; all the groups were told to submit their wants and needs. The fields were designed according to the sports team’s requests. Mr. Latona stated that there is room to put up the fences but there is no more money in the budget. Mr. Latona suggested that girls softball should indicated where they want the fencing placed and Mr. Gallo and Mr. Latona will get some prices. Mr. DiVita stated that the fencing will have to go straight off each backstop ideally; the fence should be eight foot. Councilman McPherson suggested getting pricing for mobile fencing also. Town Engineer Latona will have the figures for the next Town Board meeting.

There being no further business, the meeting adjourned at 7:30 P.M.

Darcy A. Snyder

Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, October 27, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:32 P.M. Councilman Joseph Weiss led in the pledge to the flag, followed by a prayer given by a gentleman from Eastern Hills Wesleyan Church.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held September 15, 2004 as received. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held October 13, 2004 as received. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Tracy Lyn Francisco, 4925 Hillcrest Drive to the Ethics Board to fill the unexpired term of Ron Banks. On the question, Supervisor Hallock said the term will expire 12/31/08. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to appoint Scott Marchant, 8941 Michael Douglas Drive to the Inter Community Committee. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve a transfer of funds in the General Fund in the amount of $60,000 from A 1990 Contingency to A 8730.250 Bike Path. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the next Town Board meeting will be held next week, on November 3rd, according to the schedule published in the Organizational Minutes. During November and December, the meetings will be on the first and third Wednesdays.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize NYSEG to activate one (1) additional streetlight in the Loch Lea Subdivision between 8187 and 8191 Pinestone Court per the original street light layout for a total of 12 streetlights, as per the NYSEG proposal and as per as-builts submitted. Standards, 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: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize NYSEG to activate a total of seven (7) streetlights in the Spaulding Lake Subdivision, Part IV, Phase 4 on Rockhaven Drive and Stonecliff Court per the street light layout dated 10-9-02, and as per the NYSEG proposal and as per as-builts submitted. Standards, 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: All; Noes: None. Motion carried.

Councilman McPherson said there was an article in the October 26, 2004 edition of the Buffalo News regarding the Town of Amherst acceptance of the County proposal to settle their sewer fees. The amount was wrong, it is $3.3 million. It also says that Clarence District No. 2 near Clarence Center is expected to follow a similar pattern to settle an estimated $800,000 in back sewer fees.

Councilman McPherson said he does not consider that an accurate statement because of the way the County saw fit to settle their matter. He does not think the Town of Clarence is going to do the same thing. He expects to have a proposal to bring to the Town Board at the next meeting.

Councilman McPherson said there is a group of residents in the Shadyside area who are looking at establishing a gas light district. We will be presenting them with all of the rules and regulations to follow to prepare for a referendum at the next election.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for November 17, 2004 at 7:55 P.M. to consider entering into a Franchise Agreement with Adelphia Cable. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that upon recommendation of the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Bevalaqua Medical Office Park located at 6475 Transit Road. This Unlisted Action involves the construction of a 30,000 +/- sq. ft. medical office park on approximately 5 acres in the Major Arterial and Commercial Zoning classifications. After thorough review of the submitted Environmental Assessment Form and site plan by the Town Board, Planning Board and Municipal Review Committee, it is determined that the proposed action is consistent with the adopted 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 that upon recommendation of the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a coordinated review for the proposed SBA Telecommunications Tower located at 7377 Transit Road. This Unlisted Action involves the construction of a 95’ tall telecommunications tower in the Major Arterial Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the Municipal Review Committee (MRC) recommends that the Town Board pursue the adoption of by-laws to guide MRC processes as drafted and submitted. They are proposing a number of items, which he would like the Town Attorney to look at. Once he has completed his review, a public hearing can be set.

Councilman Bylewski referred to the Director of Community Development James Callahan for the 14 th update of the action items while we are under the moratorium.

James Callahan said the Planning & Zoning Department has completed review of the Draft Zoning Law and Map. The Planning Board recommends adoption. The public hearing will be held this evening.

The Planning Board has made broad based recommendations on the content of the proposed Subdivision Law. Planning and Zoning will incorporate the recommendations and prepare a revised draft for public consideration.

Consultants working on the Adequate Public Facilities ordinance will forward their findings shortly. The next step will be to consider adoption of such a local law.

Preliminary review of the proposed Landscape Law update and Tree Law has been forwarded to Planning Board, Conservation Advisory Board and Landscape Committee for review

Parks and Recreation Master Plan contract is being finalized for initiation of this project.

Councilman Bylewski has a resolution recommended by the Planning Board regarding the Transit Road Corridor Management Plan with the Town of Amherst. The purpose is to authorize the formation of a joint planning task force composed of members of the Towns of Amherst and Clarence Planning Boards for the purpose of coordinating planning actions along Transit Road and developing detailed recommendations for implementation.

The fiscal impact of adoption of this resolution will not impact the FY2004 or FY2005 Operating Budget or the related tax rates. All activities will be accomplished within the limits of existing personnel and direct cost object lines.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution regarding the Transit Road Corridor Management Study Implementation:

WHEREAS: the NYSDOT, the Town of Clarence and the Town of Amherst developed a Scope of Work, contracted with Clark Patterson Associates to prepare the corridor study and land use/access management plan (LUAMP) and developed a series of recommendations to improve traffic safety, maintain the capacity and functions of the highway corridor and preserve the economic viability of adjacent economic land uses; and

WHEREAS: the Towns of Amherst and Clarence along with the New York State Department of Transportation (NYSDOT) cooperatively developed the corridor study and a land use and access management plan for Transit Road; and

WHEREAS: a joint meeting of the Amherst and Clarence Planning Boards was held on September 9, 2004 to receive the final study recommendations and develop a strategy for their implementation, and

WHEREAS: by joint resolution, the Planning Boards endorsed the formation of a Joint Planning Task Force to develop detailed recommendations for coordinating planning decisions in the Transit Road corridor and coordinated code language that implements the access management recommendations of the LUAMP; and

WHEREAS: on September 13, 2004, Clark Patterson Associates presented an overview of these study recommendations to the Amherst Town Board; now therefore be it

RESOLVED: that the Town of Clarence Town Board hereby authorizes the formation of a Transit Road Joint Planning Task Force composed of members of the Town of Amherst and Town of Clarence Planning Boards with the responsibility for the ongoing coordination of planning actions affecting the Transit Road corridor and developing detailed recommendations for implementing the recommendations of the corridor management plan including proposed code language, for report back to respective planning boards, and be it further

RESOLVED: the Chair of the Clarence Planning Board is hereby authorized to designate the members of the Planning Board that will serve on the Transit Road Joint Planning Task Force, and be it further

RESOLVED: that the Clarence Town Board requests that the Transit Road Joint Planning Task Force complete preparation of its recommendations for Clarence Planning Board review by January 31, 2005.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing to consider a Local Law; “Land Use Laws, Rules and Regulations Compliance With Adopted Comprehensive Plan (Master Plan 2015)” for Wednesday, November 17, 2004 at 7:50 p.m. On the question, Councilman Bylewski said all laws must flow from the comprehensive plan as adopted pursuant to New York State Law. This local law would make it explicit that all local laws must flow from Master Plan 2015. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the Office of the State Comptroller highly recommends that any reason for significant changes in revenue or appropriations be entered into the minutes when discussing the review of the Tentative Budget. The Town Board has prepared a Preliminary Budget, which is available for anyone to look at. The difference between the Tentative Budget submitted by the Supervisor and Preliminary Budget worked on by the Town Board is as follows: an increase of $25,000 in consulting services dealing with the potential to enter into an agreement to engage in multi-year budgeting; increase in the Assessor’s professional and personal services; increases in the Engineering professional and personal services; an increase in Safety Inspection personal services to help insure compliance with the new State mandated Building Code; increase in the contract with the IDA to retain the services of economic development personnel; an additional $45,000 in revenues to be raised; and appropriated fund balance in the amount of $38,000. The amount to be raised by taxation is $123.

We are appropriating an additional $5,000 in the Highway Fund from the fund balance. There is a decrease in the overall rate from the Tentative to the Preliminary Budget of approximately is .2223 cents/$1,000. The overall tax rate for an assessed value of $100,000 for the general fund, highway fund and water district will be $2.80 or 2.8¢/$1,000.

Councilman Bylewski read a letter he received from the Clarence Concert Association expressing their thanks for the assistance by the Parks Department.

Councilman Weiss reminded everyone to get out and vote next Tuesday.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following transfers of funds for the Highway Department: $6,000 from account 5120.0479, $10,000 from account 5142.0433 and $16,269 from account 5110.0433 for a total amount of $32,269 to account 5110.0413 for road maintenance. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to grant approval for the Highway Department to purchase two new plow trucks from Hanson International at the total cost of $164,964.90 on State Contract. Funding is available in the Capital Equipment Fund. Plow equipment, dump bodies and salt spreaders will be bid separately. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval for a transfer of funds for the Building Department as follows: $1,036.09 from account A3620.230 Equipment with $836.09 to be transferred to account A3620.416 Gas and Oil and $200 to account A3620.417 Auto Parts. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that there will be an informational meeting at the Town Hall on November 8, 2004 at 7:00 P.M. Sheriff Vince Delgato will be here to discuss how to set up Neighborhood Watch Groups. We will also take public comments on vandalism in the Town.

Councilman Weiss said he attended the Voice Buffalo meeting discussing sprawl. It was very interesting and they would like to meet with some of the suburban towns.

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the Highway Department to take whatever steps necessary to demolish the buildings on Greiner Road, the property just purchased by the Town. Town Engineer Joseph Latona said the buildings are leaning toward the road and could cause a hazard. The Highway Department will work in conjunction with the Town Engineer on this project. On the question, Councilman Bylewski said there is an exception to the Demolition Law regarding agricultural buildings. Town Attorney Bengart said that is correct. We are referring to farm buildings. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said there was an article in the Clarence Bee by Clarence School Superintendent Dr. Coseo regarding the enrollment in the schools. He stated that there is a constant migration of students into the Middle and High Schools. The elementary schools are adequate. He also says that we need to appropriately plan for the future in a responsible manner.

Councilman Weiss said the County is in a rough financial situation. We are not going to see as much funding coming in from the County or the Federal governments. Our Building Department is stressed trying to keep up with all of the inspections. With all of these issues, Councilman Weiss is asking the Town Attorney, Director of Community Development and Planning Board to look at reducing the cap on new home building permits for 2005. Councilman Bylewski suggested having the Building Department involved. Councilman Kolber said the School District should be involved since they are also being impacted.

Motion by Councilman Kolber, seconded by Supervisor Hallock to authorize the Parks Department to post the position of Auto Mechanic. This is an upgrade and not a new hire. The position is budgeted for next year. On the question, Supervisor Hallock said it is in the Civil Service inventory. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize the transfer of funds for the Parks Department as follows: $4,000 from account A7110.1 Personal Services to account A7110.416 Gasoline and Oil. On the question, Councilman Kolber said the rising gas prices are taking a toll on the budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to authorize the transfer of funds for the Recreation Department in the amount of $2,000 from account A7180.1 to A7180.450 for modifications to the Town Pool Bathhouse. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law amending the Zoning Law and Zoning Map of the Town of Clarence.

Speaking to the subject: James Blum, 5509 Martha’s Vineyard said he recognizes the amount of work that went into research, hearings, preparation and review of this law, which is over 100 pages. He reiterated his respect for the Planning and Zoning Department and especially the open and cooperative way in which they go about their work.

Mr. Blum said he has made the following suggestions previously, which he feels are important items. One is the residential lot coverage correction and the supermajority Town Board vote for approving exceptions to the Zoning Law.

The residential lot coverage should have been changed to 13% for two story and 18% for one story to include garages and keep the relationship between the size of house footprint and lot size in line with the long established Clarence standard. They were changed in 1998 to 20% for both. Mr. Blum said the same objective could be achieved by variable setbacks related to dimensions representing the size and scale of the house. He feels the house size relative to the lot size is a defining issue to maintain the character of the Town, as the residents want to see it.

Mr. Blum believes the law should require every exception to the zoning law be approved by a supermajority of the Town Board because of the significant effect on the look of the Town as well as the effect on neighbors.

Mr. Blum said for some reason the topographical contours and sediment and erosion control requirements were removed from site plans. He feels these are needed for preservation of natural features like streams and escarpments.

In regard to trees, Mr. Blum feels that consideration should be given for a newly planted tree of 2 ½” to 8”.

Open Space Design – Need a reasonable number of housing units to establish a viable homeowners association. He feels the proposed minimum of 5 acres is too small.

Minor Subdivisions should be approved by the Town Board, not the Planning Board.

Building Lines in any district should be behind and within 5 ft. or less rather than 10 ft. Business buildings should be right on the line in Traditional Neighborhood Developments.

He feels the Town Board should fill vacancies on the Planning Board with the person applying with the most skills and abilities for the position and not automatically the alternate member.

Mr. Blum believes rear yard setbacks should be at least 60 ft. to allow for patios, pools, accessory buildings and separation from rear neighbor. Side yard setbacks should be at least 15 ft. to allow for clearance, separation from neighbors and aesthetics. Front yard setback should be at least 60 ft. as it used to be to provide a more rural environment and provide room for a non-paved walking path.

Mr. Blum proposes display of a vehicle in front of a residential property should be limited like a yard sale or a permit process as we use for other outside displays.

A duplex is a commercial property and should not be allowed in the Agricultural Flood Zone except as a special exception.

Mr. Blum believes exceptions to standard lot configuration should first go to the Planning & Zoning Department or Planning Board for a recommendation. A public hearing should be held to hear public input. If the applicant or neighbor is not satisfied, then relief may be requested of the Zoning Board of Appeals.

Building height in a Traditional Neighborhood should not be any more than 35 ft. It would be possible for one central building as a focal point in each hamlet.

Mr. Blum is concerned with the building size for business use in a Traditional Neighborhood District has increased to 10,000 sq. ft. before a special exception is required.

Multi-family Residential in the Traditional Neighborhood Development should be limited to four units per acre instead of eight.

Mr. Blum said there is a Business Zoning Lot Area Incentive related to parking and adjacent property access. He thinks there is a benefit, but he does not think it will work in some areas where there is not enough parking. If shared access does not make a significant difference, it may not be worth giving up the green space.

Mr. Blum would like to see motor vehicle and equipment sales in the Industrial Business areas.

Councilman Weiss personally thanked Mr. Blum for his time on reviewing this law and said he considers him a community treasure.

Councilman Bylewski asked how Mr. Blum derived the percentages on the lot coverage. Mr. Blum said basically he takes the standard two-car garage size and adds the area that would be required and see what that would do in terms of percentage of the lot.

Phil Sgamma, 9520 Village Mill Lane is also representing the Clarence Hollow Association. They want to thank the Planning and Zoning Department and the Planning Board for all of the work they put into this law and they hope the Town Board will adopt it. They think it is a great law and all of Mr. Blum’s suggestions should be taken under advisement. The Clarence Hollow Association is very appreciative of the Traditional Neighborhood District and the encouragement to reuse existing buildings. They would be happy to review Mr. Blum’s suggestions in that regard.

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 Bylewski said we are going to close, but will allow some time for written comments. Supervisor Hallock added that the Town Board is not going to make a decision tonight on this law. They invite further suggestions or comments from the pubic for 30 days. Councilman Bylewski said after review of any written comments, it will be determined if changes will be made and another hearing held. Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider an amendment to the Town of Clarence Type I Action List under the State Environmental Quality Review Act (SEQRA). James Callahan said the Municipal Review Committee recommended adoption of this amendment, which are the current thresholds considered in a Type I Action. The actions would require a more thorough analysis under the law.

The amendment increases the threshold for residential projects. Currently the Type I List includes 50 units not connected to public water and sewer or 250 units connected. Reduce these threshold to 10 units unconnected and 30 units connected as follows: Construction of residential units that meet or exceed the following: 1.) 10 units not to be connected to existing public water and sewage systems including sewage treatment works and 2.) 30 units to be connected to public water and sewage systems including sewage treatment works.

Remove from item 6 the phrase “other than the construction of residential units” and replace with “including the review of a residential development not exhibiting mixed commercial use and housing type in a commercial or Traditional Neighborhood Zoning classification.”

Mr. Callahan said another provision is to protect open space. “Any Unlisted Action occurring wholly or partly on a parcel containing 10 or more acres of contiguous wooded, grassy or riverine open space.”

A provision is added to protect potentially historic structures. “Any Unlisted Action involving the demolition of a structure built in or before 1950.”

Mr. Callahan said it was the recommendation of the Municipal Review Committee to drop those thresholds so that a more thorough review is done on those projects that meet the new thresholds.

Supervisor Hallock said she thought we were going to consider any structure more than 50 years ago so that we would not have to adjust it. Town Attorney Steven Bengart said we could change it to that.

Phil Sgamma, 9520 Village Mill Lane, is Chairman of the Municipal Review Committee and wanted to state that for the last 5 to 10 years they have been following those actions and this is to formalize them into law. The only exception is in regard to demolition.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Weiss to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.

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

Resolved, that at a meeting duly held on October 27, 2004, after a Public Hearing and after all being heard, the Clarence Town Board herby adopts a Town of Clarence Type I Action List under the State Environmental Quality Review Act pursuant to the provisions of 6 NYCRR 617.4[a](2).

On the question, Councilman Bylewski said that is to include the change on item (13) Any Unlisted Action involving the demolition of a structure built 50 or more years ago. Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract with the Clarence Center Vol. Fire Company for the year 2005 in the amount of $614,750. Tim Pazda, President was present to answer any questions. Councilman Bylewski asked if they had plans for any major equipment or other purchases next year? Tim Pazda said there are no projected equipment or major purchases for 2005.

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.

A Public Hearing was held to consider entering into a contract with the East Amherst Fire Department for the year 2005 in the amount of $237,570. John Moulin was available from the Department. Councilman Bylewski asked if they had plans for any major equipment or other purchases next year? Mr. Moulin said they have a pumper ordered, but it is included in their budget. It is pro-rated over a 5-year period. Supervisor Hallock said the rate has gone down a penny and a half. Mr. Moulin said they have been able to maintain the rate per $1,000.

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. Motion carried.

A Public Hearing was held to consider entering into a contract with the Harris Hill Vol. Fire Company for the year 2005 in the amount of $712,205. Garry Soehner, Treasurer was present stating that this budget represents a decrease in the overall budget and tax rate. The new building project may be the first in New York State to be certified by the U. S. Green Building Council designation for leadership in energy and environmental design. It should represent a savings to the taxpayers. They do not have any apparatus purchases slated for 2005. Supervisor Hallock received information on the LEED Program and found it very interesting.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract with the Rapids Vol. Fire Company for the year 2005 in the amount of $33,000. Supervisor Hallock said this represents an increase from $30,000 last year, but their rate is down almost 3¢ per $1,000.

With no one else speaking to the subject, motion was made by Councilman Bylewski, 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 entering into a contract with the Swormville Vol. Fire Company for the year 2005 in the amount of $164,257. Albert Weiser, President said it has been his pleasure to work with the Town for the last five years as he will not be seeking reelection this year. Mr. Weiser added that Councilman Bylewski has been an asset to the Town and as liaison to the fire companies. Councilman Bylewski asked if they have plans for any major purchases? Mr. Weiser said they include a line in their budget and raised it $10,000 this year. They have a truck committee that has been working on a new pumper, which takes about three years to design.

With no one else speaking to the subject, motion was made by Councilman Weiss, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to enter into contracts with fire companies for fire protection in the Town of Clarence for the year 2005 as follows: Clarence Center Vol. Fire Company, Contract Amt. $614,750; East Amherst Fire Department Inc., Contract Amt. $237,570; Harris Hill Vol. Fire Company, Contract Amt. $712,205; Rapids Vol. Fire Company, Contract Amt. $33,000; and Swormville Vol. Fire Company, Contract Amt. $164,257. Upon roll call – Ayes: All; Noes: None. Motion carried.

Don Cox requests a Building Permit for an addition to existing medical office building in the Commercial Zone at 8370 Main Street. Dan Cox was present. James Callahan said the existing office is on approximately one acre in the Commercial Zone. The Master Plan identifies the area in a Traditional Neighborhood District. The proposed addition is to the rear of the building and no additional patient care rooms are included. Mr. Cox said this is to comply with the Patient Privacy Act.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Building Permit for an addition to existing medical office building in the Commercial Zone at 8370 Main Street. On the question, Councilman McPherson said we received a communication from the Chamber of Commerce stating that as long as the project meets all of our requirements, they recommend approval. Councilman Bylewski added that this is subject to Commercial Open Space fees. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mike Petroci requests a Building Permit for construction of a greenhouse at the existing landscape business in the Commercial Zone at 9000 Main Street. Mike Petroci was present. James Callahan said the property consists of approximately two acres in the Commercial Zone. The Master Plan identifies the area in the Commercial Zoning classification. Mr. Petroci said this is a permanent structure with a glass front to be used year round. It is actually one building with a double roof for proper airflow.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant the request for a Building Permit for construction of a greenhouse at the existing landscape business in the Commercial Zone at 9000 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Michael Helbringer requests an amendment to the existing Planned Unit Residential Development (PURD) at Bristol Village/Vinecroft Housing Complex at 8455 Clarence Center Road creating one single-family residential lot along Clarence Center Road. Michael Helbringer was present. James Callahan said the Master Plan identifies the area in a residential classification. The overall density remains within the code. Mr. Helbringer said he is the executive director of Bristol Village. They eliminated five residential lots along Clarence Center Road when they purchased the property for Bristol Village. There is room for a single-family residential lot, which he is proposing and would eliminate any future development along that area. Councilman McPherson asked if this would be the only request and Mr. Helbringer said yes. Councilman Bylewski said consideration for a change in the site plan would have to go through the Planning Board. James Callahan said that is in the law and he does not believe a public hearing is required.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to refer the request for an amendment to the existing Planned Unit Residential Development (PURD) at Bristol Village/Vinecroft Housing Complex at 8455 Clarence Center Road creating one single-family residential lot along Clarence Center Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

NOCO Energy Corp. requests a Demolition Permit for the existing home at 8945 Main Street. James Callahan said this is to identify this item as a Type I Action.

Motion by Supervisor Hallock, seconded by Councilman Kolber to refer the request by NOCO Energy Corp. for a Demolition Permit for the existing home at 8945 Main Street to the Municipal Review Committee. On the question, Councilman Bylewski said one of the associates at his firm is representing NOCO on a corporate matter. He is not involved, but he will recuse himself to avoid the appearance of impropriety. Upon roll call – Ayes: Councilmembers McPherson, Weiss, Kolber and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Conservative Committee – Nov. 2, 2004; B. Clarence Chamber of Commerce – Nov. 9, 2004; C. Clarence Log Cabin Quilters – Dec. 7, 2004; D. American Legion Post 838 – Dec. 8, 2004; and Legion Hall Applications – A. Mom’s Club – Oct. 27 & Nov. 24, 2004; B. Jennifer Topp – Nov. 14, 2004; C. Carol Penhollow – Nov. 21, 2004. On the question, Councilman Bylewski said he is a member of Clubhouse item B, however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. 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 21, 2004 are approved for payment: General Fund - $143,215.00; Highway Fund - $78,283.22; Water District - $1,478.22; Lighting Districts - $934.06; Sewer Districts - $10,438.22; Capital Fund - $135,719.04; Aquatic Growth District - $552.50; Special Revenue Fund - $419.00; and Trust and Agency 203 - $4,807.50 for a total amount of $375,846.76. On the question, Councilman Bylewski said in regard to bills for M&T and NOCO, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Steve Murtaugh, 5109 Willow Brook Drive said he is the project manager for the Clarence Arboretum Project and would like to give an update. All of the infrastructure work has been completed including the second pond, the two bridges and almost 4,000 ft. of 8 ft. wide walking path. The grading and seeding has also been completed. Milherst Construction did the work and has done a nice job.

They did come in and request a small increase for redesign of the bridges. They were straight and level and the change was to raise them about 1 ½ ft. in the middle.

Mr. Murtaugh said we now have the Friends of the Arboretum formed to take tax- deductible donations. This fall organizations will be contacted and the fund raising campaign will be opened to the public in the spring. Everyone involved is very pleased with the progress on the project. Supervisor Hallock thanked Mr. Murtaugh for the report.

There being no further business, Supervisor Hallock adjourned the meeting at 8:55 P.M. in memory of Harry Moehlau.

Nancy C. Metzger

Town Clerk