11/02/05


A Work Session of the Clarence Town Board was held on November 2, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Director of Community Development – James Callahan

Public Hearings:

7:45 P.M. To consider the request for a Special Exception Use Permit for a secondary living unit at 10625 Clarence Center Road. A deed restriction will limit it to an in-law apartment with the current family. The apartment cannot be rented out.

7:50 P.M. To consider the Preliminary Budget and Special Districts Assessment Roll for the Town of Clarence for the year 2006.

Formal Agenda items:

Dave Maratto 8625 Transit Road
Applicant requests a Change in Use from vacant to office flex-space. The proposed site is located on the southeast corner of Transit and Tonawanda Creek Road. The existing vacant building is located on 1.5 acres with 160+/- of Transit Road frontage in the Restricted Business Zone. Existing parking area is sufficient to accommodate proposed use. The applicant is proposing to upgrade the façade and exterior elevations as well as the interior space.

Koby Environmental 10030 County Road
Applicant requests a Building Permit for a 40’ x 40’ addition to existing light manufacturing building in the Industrial Business Park Zone. The proposed site is located on the north side of County Road, west of Strickler Road.

Carol Shamas 10928 Main Street
Applicant requests a Change in Use from vacant to Health Care Center/Coffee Shop. The proposed site is located on the north side of Main Street, east of Salt Road, west of Davison Road in the former Yankee Peddler building on .6 acres zoned Traditional Neighborhood District. There will be no changes to the building façade; parking is located to the rear of the building.

Pacific Pools 8533 Transit Road
Applicants request a building permit for construction of a 41.75’ x 40’ addition to existing warehouse building also a new 40’ x100’ pole barn for storage is proposed for the future. The proposed site is located on the east side of Transit Road, south of Tonawanda Creek Road in the Restricted Business Zone.

Ann Marie Rodo 6585 Transit Road
Applicant is seeking approval to open up an automotive body shop in the former Truck Bed liner Facility/Belknap Heating building. The existing commercial structure is located on 1.87 acres, zoned Major Arterial. An automotive body shop is permitted with a Special Exception Use Permit after a required public hearing.

Bubble Boy Car Wash 6705 Transit Road
Applicant is seeking Development Plan Approval on the approved design. The proposed site is located in an existing single-family home located on 3.3 acres zoned Major Arterial along the frontage. A Special Exception Use Permit was issued by the Town Board on 5/11/05 to allow the car wash as designed at this location. The Town Engineer has forwarded an approval on the Development Plans. All regulatory agency approvals are in place. The project is subject to Open Space Fees.

Jim Ramsey 10748 Main Street
Applicant requests a determination under the State Environmental Quality Review Act in order to proceed with a Demolition Permit for 10748 Main Street.

Waterford Village Bank
Applicant requests Architectural Review of previously approved bank at 8411 Main Street. Supervisor Hallock received an e-mail late this afternoon indicating the applicant may not be available this evening.

Parker Road
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.

Work Session items:

Ranchview LLC 8850 Clarence Center Road
Applicant requests preliminary Concept Review for a proposed 35-lot subdivision. The proposed side is located on the southwest corner of Clarence Center Road and Shimerville Road on existing vacant land consisting of 27+/- acres zoned single-family residential. The property was previously zoned Agriculture and retains the rights to Agriculture zoning as it is over 5 acres. Several issues of concern include sewer capacity, infrastructure extension, and impacts upon existing facilities including traffic impacts. The plan was submitted under the Incentive Subdivision lot design – 25% green space, 100’ x 150’ minimum lot size. The Town Board has the ability to designate whether an Open Space Design is a preferred design alternative.

Cimato Enterprises
Applicant requests preliminary Concept Plan review for a proposed 137+/- lot single-family residential subdivision on 120+/- acres zoned Residential Single Family. The proposes site is located north of Greiner Road, south of Roll Road, east of Shimerville Road. Utilization of the Heise-Brookhaven Trunk Sewer capacity is proposed. The Town Board has the ability to designate whether an Open Space Design is a preferred design alternative. Amendment to the Environmental Impact Statement associated with the Heise-Brookhaven Trunk Sewer will be required. Infrastructure extension and impacts upon existing facilities will need to be determined including traffic impacts.

Charles Kelkenberg 10680 – 10716 Croop Road
Applicant requests approval of proposed split of lots from parent parcel. The proposed site is located on the north side of Croop Road, west of Salt Road on vacant land that has 4-lots split per approval of the minor subdivision review committee. The Town Board per old and new subdivision laws must approve additional splits. The moratorium has precluded the Town Board from acting on the proposed additional splits, the property has remained in an undeveloped state other than the approved four splits approved via minor subdivision. The proposed lots do not conform to minimum lot frontages as required by the Zoning Law.

Charles Kelkenberg/Pinecrest Homes-Bill Burkard 7054 Salt Road
10500-10520 Miland Road
Applicant requests approval of proposed split of Mary Mast Estate. The proposed site is located on the west/south side of Salt Road and west side of Miland Road on the former Mast Estate that was legally split into four new building lots (3 along County Road and one on Miland Road). The Town Board per old Subdivision Law must approve additional splits. As moratorium has precluded the Town Board from acting on the proposed additional splits, the property has remained in an undeveloped state other than the approved four splits approved via minor subdivision. The proposed lots do not conform to minimum lot frontages as required by the Zoning Law.

Spaulding Green LLC
Applicant requests preliminary Concept Plan review for a proposed 296+/- single family homes and 80+/- senior housing apartment development on 350+/- acres zoned Residential Single Family and Agriculture Rural Residential. The proposed site is located on the east side of Goodrich Road across from Town Hall. The Heise-Brookhaven Trunk Sewer line traverses the property. Supplement to the Environmental Impact Statement on the Heise-Brookhaven Trunk Sewer will be required under SEQRA. Infrastructure extensions and the adequacy of facilities will need to be determined including traffic impacts.

Lou Visone/John Visone Merrihurst Drive
Applicant requests preliminary Concept Plan review of an extension of Merrihurst Drive to accommodate 5-single family lots on 7+/- acres zoned Residential Single Family. The proposed site is located on the east side of Harris Hill Road as an extension of Merrihurst Drive. Extension of public infrastructure will require a thorough departmental and regulatory agency review.

Michael & Barbara Scott 5750 Salt Road
Applicant requests a 4-lot subdivision along Salt Road (opposite Howe Road) on 8.7 acres zoned Agriculture Rural Residential. The proposed site is located on the west side of Salt Road, south of Clarence Center Road. Applicant is seeking to split the property into 4 frontage lots off Salt Road. The lot splits are designed with necessary minimum frontages and lot sized to be good building lots.

Essex Homes – Hamlet of Clarence, LLC
Applicant is proposing an Open Space Design Subdivision consisting of a total of 90+/- lots on 68+/- acres zoned Residential Single Family with both public road dedications and private roads servicing the mixed style housing lots. The proposed site is located on the west side of Goodrich Road, north of Pine Breeze Subdivision. The property is located totally within Clarence Sewer District #2.

Anthony Cimato
Applicant requests preliminary Concept Plan review for a proposed 47+/- lot patio home development on existing vacant land consisting of 21.8+/- acres zoned Residential Single-Family. The proposed site is located on the north side of Roll Road, west of Newhouse Road within Erie County Sewer District #5. Sewer extensions and capacity as well as the adequacy of service to accommodate the proposed use including traffic impacts are areas of concern.

Supervisor Kathleen Hallock

Northern Erie Sno-Seekers are requesting permission for the use of Town property for the 2005-2006 snowmobiling season.

Supervisor Hallock has a resolution authorizing her to sign an amendment to Erie County Van Contract. They are replacing the 1999 Dodge van (Erie County Going Places Van) with 200,000 miles on it with a 2006 12-passenger Ford van.

Supervisor Hallock has a resolution for Erie County Community Development Block Grant Consortium.

Supervisor Hallock has a resolution authorizing her to sign the Snow Removal Contract with Erie County.

The employee Christmas lunch is scheduled for Tuesday, December 20th from noon until 2:00 P.M.

Councilman Ian McPherson

Councilman McPherson reviewed the information from the Town of Amherst regarding the Amherst/Clarence sewer bills. In reviewing the draft contact, Councilman McPherson noted that we are to utilize the same formula. Instead of going forward, we are going back to 1998 and use the same formula.

Councilman Scott Bylewski

Councilman Bylewski has a correction to the minutes.

Councilman Bylewski has received Status Report #108 from Leader Professional Services for September and October 2005.

Councilman Bylewski will announce several openings on the Youth Center Board as well as the joint Youth Board/Town Board meeting on November 14th @ 7:00 P.M. at the Youth Center.

A Community Service Meeting will be scheduled for November 28th from 7PM – 9PM.

There is a vacancy on the Senior Center Board, Marge Chase has resigned.

Councilman Bylewski has a motion to enter into contracts with all fire districts for fire protection in the Town of Clarence for the year 2006.

Councilman Joseph Weiss

The Building Department is requesting a transfer of funds for the replacement of the windshield on Dave Metzger’s town car.

Councilman Weiss will announce that Senior Building Inspector Dave Metzger has completed a Fire Safety Inspection program.

Councilman Bernie Kolber

Councilman Kolber will look into whether the Town of Clarence will continue their membership in N.E.S.T or join W.E.S.T, which covers the northern towns.

Town Attorney Steven Bengart

Town Attorney Bengart handed out a proposed time line and an up date on the creation of a refuse district. The bid proposal is all set.

Director of Administration and Finance Pam Smith has checked with Joe Floss regarding insurance coverage for the Senior Center. The coverage available to the Senior Center almost mirrors what the Town has.

There being no further business, the meeting adjourned at 7:05 P.M.

Darcy A. Snyder
Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, November 2, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Bernard Kolber led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.

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, Deputy Supervisor Anne Case, Assessor David Folger, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to table acceptance of the minutes from the previous meeting held October 12, 2005 pending further review of the Executive Session portion of the minutes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Whereas, the Northern Erie Sno-Seekers Inc. Snowmobile Club has requested permission from the Clarence Town Board for the use of specific Town owned property for the 2005-2006 Snowmobiling season as follows:
          1.“West Shore Line” bike path that runs from Salt Road to Davison Road for use as an insured New York State Class A corridor snowmobile trail.
          2. Trial running through Memorial Park between the parking lots and baseball diamond and the northern side of east/west main driveway.
          3. Allow for parking on the Salt Road Parking area for “Drop and Ride” lot.
          4. Allow for parking on the stone parking lots at Memorial Park between the baseball diamonds and the north side of the main driveway of for a “Drop and Ride” lot.
          Resolved, that the Clarence Town Board grants permission to the Northern Erie Sno-Seekers Inc. Snowmobile Club for the use of the above Town owned property subject to the following conditions:
          1. The Northern Erie Sno-Seekers Inc. Snowmobile Club is to provide the Town of Clarence with a certificate of insurance naming the Town as additional insured on the Northern Snow Seekers, Inc. Snowmobile Club’s insurance and name the above areas on said certificate.
          2. This use is authorized with the understanding that snowmobiles are allowed only on the right-of-way of the bike path and absolutely not allowed on the paved portions of the bike path.
          3. That all trails will be clearly marked with signs and barrels and the path maintained throughout by the Northern Erie Sno-Seekers Inc. Snowmobile Club.
          4. That the season will run from December 15, 2005 to April 1, 2006.
          5. Subject to the receipt of a current certificate of insurance naming the Town of Clarence as an additional insured on the Club’s policy.
          6. This approval is with the understanding that snowmobiles are allowed only on the right-of –way of the bike path and absolutely not allowed on the paved portions of the bike path.
          Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
          WHEREAS, Thirty-four municipalities within Erie County, New York are participating members of the Erie County Community Development Block Grant (CDBG) Consortium; and
          WHEREAS, Said municipalities have entered into various contracts with Erie County committing to said membership and agreeing to have municipal population, poverty, housing stock and other variables included in the federal CDBG entitlement calculation; and
          WHEREAS, Erie County and the Erie County Consortium have entered into memoranda of understanding and organization by-laws defining CDBG responsibilities and policies concerning the administration of the CDBG Urban County Program within Erie County; and
          WHEREAS, The Erie County Department of Environment and Planning is the agency within Erie County designated to administer the Erie County Community Development Block Grant Program on behalf of Consortium Communities; and
          WHEREAS, The municipalities comprising the Erie County CDBG Consortium have enjoyed a sound working relationship with the Erie County Department of Environment and Planning in the administration of the CDBG Program since 1977; and
          WHEREAS, The Buffalo Niagara Partnership and Erie County Industrial Development Agency are recommending a transfer of administrative responsibilities from the Erie County Department of Environment and Planning to the Erie County Industrial Development Agency; and
          WHEREAS, The Erie County CDBG Consortium are required to approve major changes to the Memoranda of Understanding, By-Laws, Five-Year Consolidated Plan, and Annual Action Plan Component of said Plan, and any amendments thereto; and
          WHEREAS, Said transfer would require execution of a detailed sub-recipient agreement between Erie County Industrial Development Agency and Erie County; and
          WHEREAS, Said transfer would represent a major administrative change in the Erie County CDBG Program requiring the following action by the Consortium: 1. Amendments to all agreements governing the Erie County CDBG Program, 2. Amendments to the applicable Annual Action Plan of the 2005-09 Consolidated Plan,
          NOW, THEREFORE, BE IT
          RESOLVED, That Town of Clarence Town Board opposes any change to the existing administrative structure of the Erie County CDBG Program; and be it further
          RESOLVED, That copies of this resolution shall be forwarded to the Erie County Legislature for their information when considering any action necessary to approve the aforementioned Sub-Recipient Agreement between Erie County and the ECIDA or similar organization; and be it further
          RESOLVED, That copies of this resolution be forwarded to the chief elected officials of all Consortium municipalities; the Erie County Legislature; the Erie County Executive; the Commissioner of the Department of Environment and Planning; the Erie County Attorney; the Director of the Erie County Industrial Development Agency, and the President of the Buffalo Niagara Partnership.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the Motor Vehicle Department normally works out of the Clarence Library on Fridays, but on November 4th only, they will be using the Town Hall from 10:00 am to 3:00 pm. The reason for the change is the Clarence Library will be holding a used book sale on Thursday and Friday from 10:00 am – 4:00 pm. On Sunday, they will have a bag sale for $2 from 12:00 to 2:00 pm.

Councilman McPherson said as a reminder, the Senior Center Board of Directors has changed their meetings to the second Thursday each month at 9:00 am and the Executive Committee meetings will the held the first Thursday each month at 9:00 am. Both meetings are held at the Senior Center.

Councilman Bylewski received Leader Professional Services Status Report No. 108 for the review of Clean Harbors B DT, LLC. The following conclusions have been developed: 1. The majority of the comments in the report relate to clarification issues and do not appear to justify the need for further sampling and testing. A request was sent to Clean Harbors for additional information. 2. The facility operations over its period of operation and potential releases during the fire incident appear to have resulted analyte levels in soil and groundwater that were not addressed as part of the ICM program. These levels appear to be below or slightly about applicable NYSDEC soil cleanup objectives and it is anticipated that NYSDEC will not require any further remediation at the site. Site Background soil concentrations used for comparison to metals concentrations detected at the site were the highest concentrations detected in samples collected near Gunnville Road and Wehrle Drive. 3. The wetland areas surrounding the site property to the south and east may have been impacted by the facility operations over its period of operation and by the fire incident. The degree of this potential impact is unknown; however, based on analyte levels in soil/sediment near the perimeter of the site, concentrations are not anticipated to exceed currently NYSDEC TAGM levels.
          Activities planned for November 2005 include review of the Final RFI and additional information from Parsons and review of correspondence received from the Town of Clarence. This report is on file at the Town Hall.

Councilman Bylewski received the October 2005 Operations Report from the Central Fire Alarm Office. Town of Clarence fire companies responded to the following: 11 – Miscellaneous Fires; 114 – EMS Calls; 17 – Motor Vehicle Accidents; and 45 Miscellaneous Calls for a total of 187 alarms.

Councilman Bylewski announced that there are four openings on the Youth Center Board. Anyone interested should file an application with the Supervisor by November 26th.
          There is a joint meeting of the Town Board and Youth Center Board scheduled for November 14, 2005 at 7:00 pm at the Youth Center. It is a public meeting for anyone interested in attending.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to send the State Environmental Quality Review proposed law to the Municipal Review Committee for their study and recommendations. On the question, Councilman Bylewski said the MRC previously looked at a change to their bylaw. The Town Board, Town Attorney and Planning Board have made substantial changes to it. Town Attorney Steven Bengart added that the MRC must also take care of the 239-m requirements. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski reported the following single-family dwelling statistics for October 2005: 9 in subdivisions and 2 outside, year to date is 69 in subdivisions and 40 outside; October 2004 was 7 in subdivisions and 3 outside, year to date was 96 in subdivisions and 60 outside.

Councilman Bylewski said now that the moratorium has been lifted, he referred to Director of Community Development James Callahan to summarize.
          James Callahan summarized the activities undertaken and accomplished during the moratorium.
          Zoning Law was adopted March 9, 2005. There have been a few issues, but a fairly smooth transition into the use of the new law.
          Subdivision Law was adopted October 12, 2005. We will see how this will affect development over the next few years. This law was developed from Master Plan 2015.
          Adequate Public Facilities Law – We are working towards a law, learning a great deal in the development of it.
          Parks & Recreation Master Plan – Draft action plan will be forwarded to the Recreation Advisory Committee for review and recommendation.
          Landscape & Tree Law – Working on the 2nd draft.

Councilman Bylewski said a meeting of service organizations was held regarding recruiting and retaining volunteers. Another meeting will be held on November 28, 2005 from 7 – 9 pm in the Town Hall Auditorium. Gretchen Stringer, an expert in the field, will be the guest speaker discussing the issues in recruiting and retaining volunteers.

Councilman Bylewski announced that there is one vacancy on the Senior Center Board and applications should by in by November 16th.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize the Supervisor, Kathleen E. Hallock, to sign the 2005-2007 Snow Removal Contract between the County of Erie and the Town of Clarence. The agreement will be reviewed on a yearly basis for modification, and notification of any modification or change shall be mailed by the Erie County Department of Public Works to the Town as agreed to in the terms of said contract. The agreement shall be on file in the Town Clerk’s Office. Reimbursements will be made to the Town according to the schedule attached. This Agreement is for the 2005-2006 and 2006-2007 snow seasons. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the transfer of $300 from the Building Department account A3620.454 Radio to A3620.417Auto Parts for the replacement of the windshield on a Town vehicle. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss thanked Building Inspector Dave Metzger for the work he has done on the fee schedule for the fire inspections.

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

Motion by Councilman Kolber, seconded by Councilman McPherson to adopt a the following resolution:
          Be It Resolved, that the Clarence Town Board authorizes the Supervisor to sign an amendment to the Erie County Department of Senior Services Van Contract between the County of Erie and the Town of Clarence for 2005 relative to a replacement of the 1999 Dodge van with a 2006 12-passenger Ford van.
          On the question, Supervisor Hallock said this is the van that we share with the Town of Newstead in cost and use. The van has over 200,000 miles on it and the cost of repairs was getting expensive.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Department Reports

Dawn Kinney, Youth Director announced two events that the Youth Department is sponsoring. A Video Game Exchange will be held on Saturday, November 19th at the Clarence Library from 12:00 to 3:00 pm. High School students will help with the event giving them hours for their community service requirements.
          The other event is a Holiday Craft Project on Saturday, December 3rd from 12:00 to 2:00 pm for K-5 grade students at the Clarence Library. They will make a craft to be donated to the Brothers of Mercy facility. High School students will be helping with this event also.
          Dawn said in working with the community service students, she is building a base of students eager to volunteer in the community and will work towards putting together a volunteer program that will fall under the Clarence Youth Department.

Public Participation

Bob Lenz, 10531 Main St. urges the Town to use every method available to help preserve historic buildings in Clarence, especially the historic building at 10748 Main Street. These buildings add character, charm and prosperity to Clarence, the oldest Town in the County. Property owners have rights, but they also have responsibility to their neighbors and community. The possible demolition of this historic building is another reason for an historic preservation law for Clarence so owners would know their responsibility before investing in property.

Erwin Rakoczy, 4850 Ransom Rd. spoke against the demolition of the house at 10748 Main Street. He chose to live in the Hollow area because of the historical character. Once you destroy them, you never get them back.

Scott Kreher, 4695 Pine Manor said he also opposes the demolition of this historical building. It adds to the character of the hamlet. He would like to see this item tabled until a better use can be put forth.

Joanna Pickering said who would be to blame for the loss of another historical house in the Town? She feels many will be including the owner who feels no sense of responsibility of the beautiful historical building that he owns, the Town Board for not taking a stand to deny the request which will have a detrimental affect on the newly enhanced streetscape in the Hollow and as part of this historical area. It is also the responsibility of every resident in the Town for not demanding that we preserve our history. She said the logo of the Clarence Hollow Association will be meaningless if we keep loosing all of these buildings.
          A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit at 10625 Clarence Center Road. James Callahan said the location is on the south side of Clarence Center Road, west of Salt Road on a preexisting lot with 100 ft. of frontage. The Master Plan identifies this area in the Agricultural Rural Residential Zone. The applicant is proposing to build a single-family home with an in-law apartment. The Zoning Law requires a Special Exception Use Permit.
          The Attorney representing the owners who currently live in the Town on Schurr Road was present. They feel this is an allowable use according to the Zoning Law. The secondary unit will be accessible from the outside and the primary home. It is not a duplex or rental unit. Supervisor Hallock said the only condition placed is the deed restriction limiting it to only up two family members can occupy the unit. She asked if the restriction is in perpetuity? Town Attorney Steven Bengart said it is in perpetuity, which is appropriate.
          James Callahan said he did have some calls questioning the use, but once it was explained they were fine. The purpose of the public hearing is for anyone to speak and no one is here.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board, after a Public Hearing duly held on November 2, 2005, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant for a secondary living unit as part of the new home construction located at 10625 Clarence Center Road subject to the following condition: 1. Shall only be utilized as a familial/in-law apartment.
          On the question, James Callahan said for the record that notices were sent out to all residents within 500 feet.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the Preliminary Budget and Special Districts Assessment Roll for the Town of Clarence for the year 2006. Councilman Bylewski said there were changes from the Supervisor’s Tentative Budget to the Preliminary Budget.
          Supervisor Hallock stated that 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 Budget. The Town Board prepared a Preliminary Budget that has been available for anyone to look at. The difference between the Tentative Budget submitted by the Supervisor and the Preliminary Budget worked on by the Town Board is as follows: The amount of Council salaries decreased by $2,664; a position was eliminated in the General Fund in the amount of $38,814; Health Insurance was increased by $20,000 and Drainage District Highway Charges were increased by $25,000. The result was a decrease in General Fund appropriations of $21,479 and an increase in Drainage District appropriations of $25,000.
          With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to enter into contracts with the following fire companies for fire protection in the Town of Clarence for the year 2006: Clarence Center Volunteer Fie Company in the amount of $676,000; East Amherst Fire Department Inc. in the amount of $257,744; Harris Hill Volunteer Fire Company in the amount of $712,024; Rapids Volunteer Fire Company in the amount of $33,000; and Swormville Volunteer Fire Company in the amount of $176,210. On the question, Councilman Bylewski said they have gone through the budgets thoroughly and based on the recommendations that have come forward, they feel these are the appropriate contractual numbers. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the Preliminary Budget Special Districts Assessment Roll for the Town of Clarence for the year 2006 as the adopted Budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dave Maratto requests a Change-In-Use from vacant to office flex-space at 8625 Transit Road. James Callahan said the location is at the corner of Transit Road and Tonawanda Creek Road consisting of 1.5 acres in the Restricted Business Zone. Mr. Maratto said Erie County Highway has approved the drainage.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Change-In-Use from vacant to office flex-space at 8625 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Building Permit for an addition to the existing light manufacturing building in the Industrial Business Park Zone at 10030 County Road, subject to Engineering Department review of the drainage associated with the addition and Open Space Fee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Pacific Pools requests a Building Permit for construction of a 41.75’ x 40’addition to existing building and construction of a 40’ x 100’ pole barn at 8533 Transit Road. James Callahan said the location is the east side of Transit Road, south of Tonawanda Creek Road consisting of approximately 2.6 acres in the Restricted Business Zone. The applicant said he would like to construct an additional 40 ft. of space using the same materials as the existing building. The second building would not be visible from the road. James Callahan said it would be an accessory building utilized by the business.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to grant a Building Permit for construction of a 41.75’ x 40’addition to existing building and construction of a 40’ x 100’ pole barn at 8533 Transit Road for Pacific Pools subject to Open Space Fee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for December 7, 2005 at 7:45 P.M. to consider the request for a Special Exception Use Permit to operate an automotive body shop in existing building at 6585 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson to grant Development Plan Approval to Calvin Caruso, Bubble Boy Car Wash for construction of a new car wash at 6705 Transit Road, subject to Open Space Fee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Jim Ramsey requests a determination under the State Environmental Quality Review Act in order to proceed with a Demolition Permit for 10748 Main Street. James Callahan said the location is the north side of Main Street, west of Salt Road consisting of approximately ½ acre in the Traditional Neighborhood District.
          Jim Ramsey said he has owned the property for 10 years and has spent thousands of dollars rehabbing the house alone. He also owns the church next door. He has tried to sell it for the last five years. He used it as an office and attempted to rent it. In the last year, he thought he had it sold twice. It has become a hardship for him. There is also an issue of parking. He is running out of patience and time. He will sell it to anyone who wants it for $165,000 or even reduce the price by $10,000. If they would like to give him $25,000, he will hold it for four months. Then if they sell it fine or he will give them the $25,000 back. It is not easy for him.
          Councilman Kolber said the condition of the house shows that he cared about it. He asked what we could do to help him keep the house in tact.
          Mr. Ramsey said he does not have time to wait another ten years to get his money out of it. He is willing to admit he made a mistake in purchasing this property. He also does not think it was fair to everyone who had to put sewers in and then raise the assessed valuation.
          Councilman Bylewski said the Municipal Review Committee recommended at their last meeting that a Negative Declaration be issued on the proposed Jim Ramsey Demolition Permit. This Type I Action involves the demolition of a structure over 50 years old at 10748 Main Street. After thorough review of the submitted application and Environmental Assessment Form and including documentation on the historical nature of the structure, it is determined that the action will not have a significant impact upon the environment. It is noted that every effort should be made to save the building, however there is no legal mechanism available to the Town to deny the demolition permit.
          Councilman Bylewski said we received a letter from William Jobling and Donna Ioviero stating that while they understand the need for convenient parking, we are once again sacrificing some of the historic charm of the Hollow. They hope some compromise can be reached without the demolition of another piece of our heritage.
          A letter was also received from Donald Boyd, Jr. President of the Clarence Hollow Association expressing their anguish that the “Railroad” House may be demolished. The Association has worked for the past several years and continues to work hard following their mission statement ”to promote, improve and maintain the quality of life, the prosperity of business and the historic charm of Clarence Hollow.” They have a progressive program to brand Clarence Hollow as a destination for shoppers and other visitors. The building is so significant that should it fall could jeopardize the increasingly successful efforts to preserve the character of this community.
          Councilman Bylewski said there were some impacts identified in the Environmental Assessment Form Part 2 regarding the following items: 12. Historic structure; 19. Eliminating a building of historic importance; and 20. Controversy over the demolition of locally historic structure. Part 3 was filled out stating that a demolition permit will not have a significant impact upon the environment. The Town of Clarence does not have local legislation to prohibit the owner from proceeding with demolition. It also states that as identified by the MRC, the act of issuing a demolition permit, while not a preferred option of the community, is a legal action per local Town Law.
          Councilman Bylewski said we have formed a Historical Preservation Committee to draft a local law. It is a very difficult issue. He supports a historic preservation law, but right now we do not have one in place. This is a question of community rights versus property rights. Town Attorney Steven Bengart said it is a shame, but he does not see any legal basis not to grant the permit.
          Councilman McPherson said about a year ago Councilman Bylewski proposed a local law requiring a Type I action for structures over 50 years old. The reason given was to give a period of time for people to address a structure slated to be torn down. Mr. Ramsey submitted his application in July and has gone through this process. He asked Mr. Ramsey if anyone attempted to help him with his problem. Mr. Ramsey said no.
          Councilman McPherson said he can understand the historical significance of properties, but we have a situation where everybody is right. The applicant has gone through everything he has to.
          Mr. Ramsey said if he does not complete this by December, it is going to cost him a lot more money. He is not even going to be able to put the parking lot in right now. The problem he has had trying to sell it is the lack of parking.
          Councilman McPherson asked what the drop-dead date is? Mr. Ramsey said two weeks. Councilman McPherson asked if he could wait until December 1st to give those concerned the opportunity to try and resolve this.
          Motion by Councilman McPherson to grant the Demolition Permit to Mr. Ramsey according to the Local Law. (Motion lacked a second.)
          Mr. Ramsey said if he is given $30,000 he will wait until spring. If it is sold, he will give the money back. Councilman Bylewski asked if he will give two weeks for the money to be raised. Supervisor Hallock said 15% is $25,000. Councilman Weiss said he will contribute $2,000.
          Councilman McPherson said there is no reason at all that he should not be granted his Demolition Permit.
          Councilman Bylewski said for prior Demolition Permits issued for buildings over 50 years, the Town Board only acted on the SEQR determination. It is then a ministerial act of the Building Department to issue the Demolition Permit. Councilman Bylewski said all we could do is table it with the understanding that there is not much more we can do with this project.
          Motion by Councilman Kolber, seconded by Councilman Weiss to table the request for a determination under the State Environmental Quality Review Act in order to proceed with a Demolition Permit for 10748 Main Street for two weeks to exhaust all opportunities to save the building. Mr. Ramsey said all he wants to know is that at the end of two weeks he can call his contractor and go ahead. Councilman Bylewski said it will be on the agenda in two weeks and then we cannot go any further. Councilman Weiss said he hopes the groups get creative and other people may get interested. Supervisor Hallock said, for the record, that she received a call from Kelly Schultz today and he said that is one of the more attractive houses in the Hollow. Councilman Bylewski said there is no way that we could have a law in place to deal with this project. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to table the request by Waterford Village Bank for Architectural Review of previously approved bank at 8411 Main Street. On the question, Councilman Bylewski said he did leave Ms. Flemming a message that according to the Traditional Neighborhood District, metal panels are prohibited. Upon roll call – Ayes: All; Noes: None. Motion carried.

The Town Board will 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. The Public Hearing was held on October 12, 2005. James Callahan said the location is off Parker Road, west of Salt Road in the Agricultural and Flood Zones.
          Peter Wolfe, Recreation Advisory Committee said they have been working diligently to choose properties for purchase with the green space bond. They sent out letters to owners of 10 acres or more. Members of the Western New York Land Conservancy then rated the properties. This piece was rated #7 from the list. They do not discuss these properties openly while negotiating with the owners. They have worked on this piece for two years.
          It appears to be in the wetlands, however, this particular area is not wet. Mr. Wolfe, Todd Norris and Councilman Weiss went out and walked the property. Pictures were displayed showing the property. One showed a pine forest, which would not grow in a swamp. It shows no signs of being very wet. The adjacent property is Beeman Creek Park, an undeveloped park owned by Erie County. There is a road going into the property. The County did offer the park to the Town as long as it was developed into a County park. The Town was not interested.
          Supervisor Hallock mentioned Ken Kohler of the Erie County Land Management Council. He received a New York State award for lifelong effort to environmental causes. He helped the Town develop the Green Print Project. Mr. Wolfe added that he has done a wonderful job for us.
          Councilman Bylewski said we have had an issue with obtaining appraisals for vacant land. Peter Wolfe said we have a problem getting appraisers.
          Councilman Weiss said there was not any standing water. There was evidence of seasonal wet areas. There are some spruce trees also. A number of species that were in there do not like wet ground. He believes that through our drainage improvements and some logging that was done in there may have helped alleviate the wetness. Councilman Kolber said there are trees in there that are 50 – 100 years old.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved, that after a public hearing duly held on October 12, 2005, and after all interested parties being heard, the Town Board authorizes the purchase of a parcel of vacant land consisting of approximately 30+/- acres located on Parker Road in the Town of Clarence, Erie County, New York, at a purchase price not to exceed $36,000, plus any closing costs and disbursements, subject to the terms and conditions of the conditional contract. Funds will be allocated from the open space bond resolution and/or from the General Fund, if any portion of said vacant land is to be used for recreation purposes. All comments made previously at this meeting are a part of the record.
          On the question, Councilman Bylewski thanked the Land Conservancy and the Recreation Advisory Committee for their work on this project. Peter Wolfe said he believes from now on they will provide photos of the potential projects.
          Councilman Kolber said that at approximately $1,000 per acre and the land adjoining, this will be a good asset for the future.
          Town Attorney Steven Bengart said this project is a work in progress. Now, before a contractual offer is made, the Assessor is involved in the process at the end. Supervisor Hallock said we started out with 40 to 50 parcels and we have been approached with about 15 more.
          Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to table item 15, a request by Carol Shams for a Change-In-Use from vacant to Health Care Center and coffee shop at 10928 Main Street as the applicant was not present. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications – A. Clarence Football Boosters – Nov. 6, 2005; B. Girl Scout Troop #215 – 3rd Wednesday of Oct., Nov., Dec., 2005; 3rd Wednesday each month 2006; C. Boy Scout Troop #93; D. Clarence Democratic Committee – Oct. 14 & 15, 2006; Legion Hall Applications – A. Clarence Center Community Association – April 11, 2006; B. Dawn Andres – May 21, 2006; C. Andrea Fuller – December 26, 2005. On the question, Councilman Bylewski said he is a member of member of Clubhouse D. and Legion Hall A., 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 Kolber that after proper audit and review by the Town Board, the following bills of November 3, 2005 are approved for payment: General Fund - $141,944.11; Highway Fund - $58,665.39; Water District - $887.90; Capital Fund - $325.00; and Trust and Agency 203 - $8,872.00 for a total amount of $210,694.40. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Eddie Popp, 4440 Barton Road said he is 10 yrs old and he can finally go to the Youth Center and now they want to close it. He likes the Center because they can run and play and be safe there. He asked that it not be changed and let a good thing be.

Debra Popp said there have been comments that the Youth Center is an expensive babysitting service and that it is not about the building, but the youth. That sounds cold and detached. It sounds like there may be more to this issue. The building and site is important as a safe location for our youth. They want it to remain.

Robert Hoag, 4704 Brentwood Dr. said he is a member of the Clarence Youth Board. He does not speak for all members, but they are in favor of having a facility. It provides a hub for youth services to be operated from. It provides a place for the youth to go. They do not object to a different facility if one becomes available. They are in favor of maintaining a facility.

There being no further business, Supervisor Hallock adjourned the meeting at 9:35 P.M.

Nancy C. Metzger
Town Clerk