11/03/04


A Work Session of the Clarence Town Board was held November 3, 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, Director of Administration and Finance Pam Smith and Town Engineer Joseph Latona.

Director of Community Development – James Callahan

Formal Agenda items:

Summit Federal Credit Union 5641 Transit Road

Applicant requests Development Plan and Architectural approval for construction of a 4,660 square foot Credit Union. 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.

Lauer-Manguso Architects 6785 Transit Road

Applicant requests Concept Plan approval for construction of a 15,467 square foot Walgreen’s drug store on the northeast corner of Transit and County Road. Referral to the Planning Board to commence a thorough review process is in order.

Mary Jo Parker 8160 Wehrle Drive

Applicant requests a building permit and architectural approval for construction of a pole barn in the Commercial Zoning Classification.

Norm Castine 5377 Transit Road

Applicant requests a building permit and architectural approval for construction of a 10’x50’ addition to an existing commercial structure. 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.

Niagara Implement 8655 Transit Road

Applicant requests a permit for outside display of products. The display area will be on the north side towards the creek.

Work Session items for consideration at the 11/17/04 meeting:

Kevin Aiken 6305 Transit Road

Applicant requests amendment to an existing Temporary Conditional Permit to add a storage building to the property. The proposed site is located on the east side of Transit Road, north of the Peanut Line. Applicant is stating that proposed construction will improve the site conditions by allowing for additional storage space outside of public view. If the changes are substantial to the existing permit conditions, a public hearing should be scheduled.

Barbalatto Builders – north of County Road, west of Heise Road

Applicant requests Concept Approval for an Open Development area consisting of 28.9 +/- acres in the Residential A Zone. Applicant is seeking to develop two Open Development areas with two private driveways, one with access to Heise Road and one with access to County Road. A total of ten Open Development area lots are proposed one development will have four lots and the other have six lots.

Town Engineer Latona stated that the Health Department will look at this as a subdivision. Councilman Bylewski stated that the applicant could present either one of the Open Developments and that would be acceptable however, both Open Developments off of one parcel would be a major subdivision and would not be reviewed at this time. Town Engineer Latona stated that with all these proposed Open Developments, the Town is perpetuating unsewered lots with septic systems. We will end up with another Clarence Hollow situation where we have septic systems all over and end up running into environmental concerns. Perhaps within a certain radius, if sewers exist they must be extended by the applicant at their expense if there is capacity.

Director of Community Development James Callahan that we have identified that these are acceptable land uses outside sewered areas and they do require larger lots. We could increase the lot sizes.

Councilman Bylewski stated that this could come under the Adequate Public Facilities law.

Supervisor Kathleen Hallock

Supervisor Hallock has been approached by a political party requesting that contact information for all the political parties be put on the website. It would include names and addresses of the chairmen of the four political parties in the town and no more. One of the reasons for this is that when people move into town, they do not know how to contact their parties, it would avoid numerous telephone calls for people requesting political signs, literature etc. Councilman Bylewski suggested that for any of the parties that do not have a local presence, they should be directed to Erie County. The Town Board was in agreement with the request.

Supervisor Hallock has two items for Executive Session, one for collective bargaining negotiations and one for the appointment of a corporation.

Supervisor Hallock polled the Board as to whether they wanted to take a position on the County’s budget problems regarding sales tax, property tax, Medicaid budget issue and Sheriff’s patrol. Supervisor Hallock stated that she does not want to see an increase in taxes. Councilman Kolber is also against the sales tax increase, we need to manage property tax. Councilman McPherson stated that he would advocate revision of the Medicaid system.

Supervisor Hallock received a copy of a resolution from the Evans Town Board supporting agriculture industry and the Right to Farm Act.

Supervisor Hallock will make a motion to appoint Ted Donner interim Highway Superintendent to fill the remaining term of Ronald Witnauer.

At the October 27, 2004 Work Session meeting with Clarence Girl’s Softball, the Board requested a price for fencing for the softball fields at Memorial Park. Town Engineer Latona stated that the contractor submitted a price of $40,000 for sixty feet of 8’ chain link fencing for the batting cages and each side of the diamond. For along the road way one hundred twenty-five feet of 4’ fence. It may be possible to cut costs by having the Parks Department install the fencing. Councilman Kolber suggested filling in the ditch with culvert instead of the fencing or see which option would be less expensive. Councilman McPherson suggested installing a construction fence that could be taken down at the end of the season. Town Engineer Latona stated that would work as a temporary solution if it is acceptable to the league. The only difficulty would be the posts that are used. Councilman McPherson suggested wooden posts.

Councilman Ian McPherson

Councilman McPherson will announce several vacancies.

Councilman McPherson has a Resolution authorizing the installation of one 150w high pressure luminaries on street lights on Main Street.

Councilman McPherson has a Resolution authorizing natural gas purchases for the gas light districts from National Fuel distribution program. There is a savings of between 10 – 15% over National Fuel at a floating rate. Town Attorney Bengart did some negotiating with National Fuel for maintenance; it will be done within three weeks.

Councilman McPherson has a Resolution for the Amherst/Clarence sewer bills. The County solved their problem by paying their entire bill. Tentatively approved will be that the Town of Clarence pay 80% of what we owe. On going negotiations are for a formula for future billings and that is to be completed by April 15, 2005. Of the $882,701.60, the Town would pay $637,131.76 before the end of the year. The remaining 20% would be applied once that formula is in place. Broken down, this means the Town pays 70% of 1998 and 1999 which leaves 30%. We are taking 10% of 1998 & 1999 to bring that to a balance of 20% and then 80% of 2002/2003. Town Attorney Bengart stated that whatever formula is created for 2003 will be used for 1998/1999, 2000/2001 and 2002/2003 without going back to figure out the actual bills. Councilman Bylewski asked if there is a possibility the formula could come in under 80%. Councilman McPherson stated that was possible and in that case the Town would get some sort of an off-set for the future. They won’t pay us but would give us a credit for future bills. Councilman McPherson stated that the engineering departments from Sewer District #5, Erie County, Town of Clarence and Amherst are a great part of this finalizing formula, they are using current information.

Supervisor Hallock asked if the new formula will be reviewed every year, Town Engineer Latona stated that it would be reviewed yearly. Councilman McPherson stated that the new formula will include what the Town of Amherst is allowed to include in their billing. Every year the same formula will apply.

Councilman Bylewski stated that part of this was coming up with a new formula which will then be incorporated into the new agreement. Councilman Bylewski asked if we knew what the term of the new agreement is going to be or will there be a prevision in the up-coming agreement that will allow for modifications of the formula to occur as the situation warrants. Councilman McPherson said that will be part of the agreement and part of the formulation of the agreement, both parties will be allowed to revisit. It is just between the Town of Clarence and the Town of Amherst right now. We have had that understanding all along however it was not worded strongly enough in the original contract. Supervisor Hallock asked if we should come up with an agreement before we pay the Town of Amherst. Councilman McPherson is proposing a Resolution that once it is passed, will be forwarded to the Town of Amherst for their meeting next Monday. They will accept our terms and then we will draw up an agreement to pay what was stated in the Resolution. We will wait for the agreement to be completed on the formula which has to be done by April 15, 2005 in order to apply the rest of the 20%. Councilman Weiss suggested the Board review the agreement before we pass the resolution. Councilman McPherson stated that the first thing we need to do is the same thing Erie County has done and that is to clear up our bills.

Town Attorney Bengart stated that he was pretty comfortable with the Resolution as long as this Board understands that we will be paying the Town of Amherst the 80% by the end of the year per this Resolution.

Councilman McPherson has been negotiating a formula for future billings with several members of Amherst Town Board; he feels he has enough support to get it passed.

Councilman Bylewski suggested adding to the Resolution that if the formula comes in under 80% the Town of Clarence would be entitled to either a reimbursement or credit. Councilman McPherson stated that the Resolution states that the finalized formula will be applied to the remaining 20% of billed amounts with adjustments made accordingly and the remaining amount resolved immediately.

Councilman McPherson stated that the $882,701.60 figure is what the Town currently owes Amherst. It is the total amount from 1998 through 2003 minus 70% of 1998 and 1999 which we paid in 2000. Erie County made their agreement on behalf of Sewer District #5 with the Town of Amherst.

Councilman Bylewski stated that Sewer District #2 has set aside these funds all along, wouldn’t the Town as commissioners of Sewer District #2 need to authorize the release of the funds or have they already been authorized because they have been part of the budget. Councilman McPherson felt that the time to address that is once this proposal is approved by the Town of Amherst then we can do the mechanics of whether it comes from us as commissioners of Sewer District #2 or the annual meeting on December 9 or whether we do it as a Town Board of the Town of Clarence to the Town of Amherst.

Town Attorney Bengart stated that the only negative is if the Town of Amherst does not come to the table in good faith, we could end up litigating. Councilman McPherson stated that the Town of Amherst is in the same negotiations with Erie County. If they don’t come to the table with both entities then there will be fiscal upheaval at the sewage treatment plant. Having attended the meetings, Councilman McPherson feels the progress has been good on working on the establishment of a formula.

Councilman Scott Bylewski

The Planning and Zoning Department is requesting a transfer of funds for payment on the Adequate Public Facilities Contract to Freilich, Leitner & Carlisle.

Director of Community Development James Callahan will give an update on the moratorium.

Referral to the Municipal Review Committee on the local law pertaining to the Master Plan land use rules and regulations. The MRC will review under SEQRA.

Councilman Bylewski has received the Central Fire Alarm Operations Report for October 2004.

Councilman Joseph Weiss

Councilman Weiss will announce several upcoming meeting dates and letters of appreciation to several departments.

Councilman Bernard Kolber

Councilman Kolber received a request from an Eagle Scout to upgrade the flag pole at the Nature Center. Upon inspection of the flag pole Councilman Kolber is recommending the scout forward his proposal to the Town Board for approval.

Councilman Kolber will announce an Electronics Recycling Day on December 11, 2004 at Erie County Community College North Campus from 9:00 AM – 2PM.

Councilman Kolber has received two resumes for the vacancies on the Library Board.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105 (1) E of the Open Meetings Law to discuss collective bargaining negotiations and § 105 (1) F appointment of a corporation. Upon roll call - Ayes: All; Noes: None. Motion Carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to adjourn the Executive Session at 7:05 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried.

Clarence Youth Center

Several members of the Youth’s Center Board including Dave Decker, Barb Utter, Lisa Bertino, Bob Hoag, Debra Duringer, Wendy Lennert and Kevin Curry presented information to the Town Board on the daily operations and attendance records at the Youth Center. Youth Center Director John D’Amico could not be present because of other commitments.

Supervisor Hallock stated that as the Town Board was preparing for the Organizational Meeting last year, it was brought up that no one knew what the role of the of the Youth Board was. As liaison, Councilman Weiss decided to review the day to day operations of the Youth Center and has brought to the Town Board his concerns as to whether this money is well spent and is the program as valuable as it once was. The Youth Center budget is $70,000 however, with maintenance and upkeep that the Parks Department provides, the budget is over $100,000.

Bob Hoag, treasure for the Youth Center gave some background information on the Youth Center. The Teen Center was formed in 1971; originally it was a 501(c) 4 organization. For several years they operated out of the Clubhouse at Clarence Town Park before they eventually moved to their current facility at 9110 Sheridan Drive. The Youth Center is open to Clarence youths from ages 9 – 19 however; it is mainly used by students in the Middle School age group. In 2002, the name was changed from the Clarence Teen Center to the Clarence Youth Center. Also in 2002, the Youth Center Board submitted an application to the IRS to become a 501C (3) organization.

Over the years there have been a variety of programs offered depending on what was popular at a particular time. The Center is available to offer educational assistance with homework. Just recently, the Museum of Science gave a demonstration. There have been first aid and babysitting classed offered. Computers have been added in the last few years for both educational purposes and games.

The last several years the Youth Center has received grants from Erie County which were used to purchase new computers.

Cooking classes, crafts, ceramics and woodworking classes are all things that have taken place at different times. Basketball, field hockey and, paint ball has been added.

Their summer program includes field trips, swimming and golf. Arrangements were made to get box seats at a Bison Baseball game. There is an annual community day scheduled every year in June which is open to all children in the Town of Clarence.

Social nights are on Friday nights. At the last couple TGIF events, there were about 80 kids that showed up. The Youth Center also offers a scholarship for students at the high school.

The Executive Director of the Youth Center is John D’Amico. There are five part time assistance who are coordinators of the various activities. Two of them are senior coordinators who have graduated from college with Master Degrees; the other three are college students.

Dave Decker stated that since January 1 st there have been fifty-seven new members. Attendance depends on the activity being offered. Hours of operation are Tuesday through Saturday. The center is closed on Monday.

With the sporadic attendance, Supervisor Hallock asked if it was necessary to have the Youth Center open Tuesday through Thursday. Dave Decker stated that on school nights and with homework requirements you don’t expect to see many people in attendance. Friday nights are well attended and paint ball on Saturday is also well attended. The usual activities on Friday nights are video games, music, table games, hockey, and billiards.

Supervisor Hallock stated that our Recreation Department was started thirty years ago and has not changed much. It has been suggested that we combine our Youth Center and Recreation Department to maximize the investment of our taxpayer dollars and the duplication of services.

Councilman Weiss suggested the Town consider a full time Director of Youth. That person would make the determination of that facility as it ties in with other facilities such as the schools, parks, recreation, school counselors, and teachers and address other problems of youth such as suicide, vandalism, drugs etc. Councilman Weiss has stopped by the Youth Center many nights where there are two adults and two or three children playing video games or watching television. Most kids come from households that already have televisions and computers; Councilman Weiss does not see the value in offering televisions and computers to these kids when these are activities they can get at home.

Councilman Bylewski stated that the Youth Center Board sets the policy for the Youth Center. The Town Board has talked about expanding that mission that it would be a policy advising board, we would get Recreation Director Howie Johnt involved and possibly hire a full time director to coordinate everything to see if we could do a better job in delivering the services to the youth of this town.

Councilman Weiss would like to see better utilization of the Youth Center.

There being no further business, the meeting adjourned at 7:35 P.M.

Darcy A. Snyder

Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, November 3, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Councilman Bernard Kolber led in the pledge to the flag, followed by a prayer given by Rev. Dave Kofahl of Clarence Untied Methodist Church.

Members of the Town Board present were Councilmen 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, Town Engineer Joseph Latona, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held October 6, 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 9, 2004 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint Theodore Donner as Interim Highway Superintendent effective November 13, 2004 or a date as close to that as possible, upon certification by the Board of Elections of the results of the General Election held November 2, 2004. On the question, Councilman Bylewski said we have done something similar to this in the past. Supervisor Hallock said nine years ago, former Supt. Ron Witnauer was appointed Interim Highway Superintendent. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock congratulated Ted Donner and all of the other victors in the election and wishes them well.

Councilman McPherson announced that there are three vacancies on the Board of Directors of the Clarence Chamber of Commerce. There is at least one vacancy on the Traffic Safety Board and there will be vacancies on the Clarence Senior Center Board.

Motion by Councilman McPherson, seconded by Councilman Kolber to authorize installation of a streetlight on Main Street, (location Line 3362 – Pole 385), 1 – 150w High Pressure Luminary at a cost of $144.86 per year and 1 – 20 ft. bracket at $26.67 per year for a total annual increase of $171.53. This proposal is made contingent upon the terms and conditions covered in NYSEG’s street lighting tariff agreement with the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock to adopt the following resolution:

Whereas the Town of Amherst and the Town of Clarence have entered into an agreement for treatment of Clarence-generated sewage by the Town of Amherst Sewage Treatment Plant; and

Whereas the Town of Clarence is committed to a resolution of the payment issue and to paying the proper amount for sewage services; and

Whereas, the Town of Clarence has been billed by the Town of Amherst for yearly sewage treatment charges from 1998-2003 with an outstanding balance totaling $882,701.60; and

Whereas, the Town of Clarence has expressed reservations over some of the charges, within the billings, and desires to examine the background information used to compile the billings among Erie County, the Town of Clarence, and the Town of Amherst, to establish parameters and a formula for billings by April 15, 2005; and

Whereas, this formula will be the template for all items to be included in the sewer service bills.

Now, Therefore Be It Resolved that the Town of Clarence proposes to remit to the Town of Amherst $660,141.60, leaving only 20% of any and all outstanding sewage treatment bills charged by the Town of Amherst from1998-2003, payment to be made by December 31, 2004; and be it further

Resolved, that the remaining 20% is to be adjusted per the agreement under negotiation among the parties, which is scheduled for completion by April 15, 2005; and be it further

Resolved that the finalized formula will be applied to the remaining 20% of billed amounts with adjustments made accordingly and the remaining amount resolved immediately.

On the question, Councilman McPherson said this allows us to clear up, except for the dollars that we feel are debatable through 2003. Supervisor Hallock said we have been working on this for years and we hope this will take care of it. Councilman Bylewski said it was our understanding that according to one of the agreements with the Town of Amherst that the various engineers would work out any discrepancies or differences between any of the municipalities involved. In discussion at the work session, it is his understanding that our Town Engineer is satisfied that the agreement adequately addresses the issues at hand. Councilman McPherson said the agreement that is being negotiated now is pursuant with meetings with Erie County Sewer District No. 5, Town of Amherst officials, representatives of the sewage treatment plant and representatives of the Town of Clarence. The commitment is that, that agreement and the formula for future bills will be completed by April 15, 2005.

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

Councilman McPherson added his congratulations to our new Highway Superintendent, Ted Donner.

Councilman Bylewski received the Central Fire Alarm Office October 2004 Operations Report. Town of Clarence fire companies responded to the following: 4 – Structure Fires; 1 – Motor Vehicle Fire; 6 – Miscellaneous Fires; 2 – False Alarms; 92 – EMS Calls; 18 – Motor Vehicle Accidents; and 48 – Miscellaneous Calls for a total of 171 alarms.

Councilman Bylewski said he received the Single Family Building Report from the Town Engineer and Sr. Building Inspector David Metzger. For the month of October 2004, there were 7 permits issued in subdivisions and 10 outside of subdivisions for a total of 17 permits. For the month of October 2003, there were 10 permits issued in subdivisions and 18 outside of subdivisions for a total of 28 permits. Permits issued year-to-date 2004 are 96 in subdivisions and 67 outside of subdivisions. Permits issued year-to-date thru October 2003 were 134 in subdivisions and 62 outside of subdivisions. Building does go on in the Town of Clarence even under the moratorium due to the inventory of lots available to allow us to continue to grow smartly.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize a transfer of funds for the Planning and Zoning Department in the amount of $8,789.27 from account A1680.230 GIS Mapping to account A8010.472 Master Plan Expenses for payment to Freilich, Leitner & Carlisle for the contract on the Adequate Public Facilities legislation. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the proposed local law “Land Use Laws, Rules and Regulations Compliance With The Adopted Comprehensive Plan” to the Municipal Review Committee for review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski referred to James Callahan for the 15 th update on the action items being worked on while we are under the moratorium.

James Callahan reported on the following:

Zoning Law & Zoning Map Update – Comments received as a result of the Public Hearing are being reviewed. The Town Board is receiving written comments for 30 days.

Subdivision Law Draft – Received initial review and comment by the Planning Board. The Planning & Zoning Department is working on Draft #2 to be distributed for public comment.

Adequate Public Facilities Law – Consultants will have a comprehensive draft for the Town in the next few weeks.

Draft Landscape & Draft Tree Law – Has been forwarded to the Planning Board and Conservation Advisory Council for preliminary review and comment.

Parks and Recreation Master Plan – Final contract with consultant is being finalized and should be underway shortly.

Councilman Weiss invited everyone to an informational meeting on Monday, November 8, 2004 at 7:00 P.M. to address Town vandalism and the establishment of neighborhood watch communities. Sgt. Vince Delgato from the Erie County Sheriff’s Department will be here. He is an expert on safe guarding communities.

Councilman Weiss announced that there is a Pubic Hearing on Wednesday, December 8 th at 6:00 P.M. at the Maryvale High School auditorium, 1050 Maryvale Dr. regarding the Airport Noise Study. They will be announcing their recommendations. Anyone affected should attend this meeting.

Councilman Weiss said as liaison to the Building and Engineering Department for almost a year, he finds it unbelievable that we have had only two citizens calling about problems. These were very difficult problems and Town Engineer Joseph Latona just finished one due to weather conditions. It was a drainage problem from a developer leaving it in poor condition. Mr. Latona did a great job on it. The other was a drainage issue that Ted Donner and Greg Giblin from the Highway Department took care of.

Councilman Kolber announced that Erie County is holding an Electronics Recycling Drop Off at Erie Community College North Campus on Saturday, December 11, 2004 from 9:00 A.M. to 2:00 P.M. Acceptable items include: Hard Drives, Monitors, Keyboards, Mouse, Printers, Cell Phones, Fluorescent Bulbs and Ballasts.

Councilman Kolber received a letter from the Library Board of Trustees regarding their recommendation for an appointment to a vacant position on their board. The Town Board will make that appointment at the next meeting.

A Public Hearing was held to consider the Preliminary Budget and Special Districts Assessment Roll for the Town of Clarence for the year 2005. Supervisor Hallock said a lot of the rates on the Special Districts have gone down slightly. The net effect of the General Fund, Highway Fund and Water District is an increase of 2.8 cents, which would be $2.80 on a $100,000 house.

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 Supervisor Hallock, seconded by Councilman Kolber to adopt the Preliminary Budget and Special Districts Assessment Roll for the year 2005 as the adopted Budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Summit Federal Credit Union requests Development Plan and Architectural Approval for construction of a 4,660 sq. ft. credit union at 5641 Transit Road. James Callahan said the property consists of approximately 1.35 acres in the Major Arterial Zone. The Master Plan identifies this area to remain in a commercial classification. The Planning Board forwarded a recommendation that includes conditions required by the Town Engineer and identifying that it is subject to open space fees.

John Raymond, Engineer said that all items have been addressed. The building will be faced with brick on all sides.

James Callahan said they have completed the checklist. The Town Engineer had conditions including improvement permits and curb cuts as they exist. A demolition permit is required from the Building Department and subject to open space fee. Supervisor Hallock asked if the applicant understands and is in agreement with the conditions and he said yes.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant Development Plan and Architectural Approval for construction of a 4,660 sq. ft. credit union at 5641 Transit Road subject to the conditions set forth on page 2004-154 of the Planning Board minutes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said he wanted to add to the previous motion that the Chamber of Commerce submitted a comment advocating approval of the credit union.

Lauer-Manguso Architects requests Concept Plan Approval for construction of a 15,467 sq. ft. drug store at 6785 Transit Road. James Callahan said the property consists of approximately 3.34 acres in the Major Arterial and Agricultural Zones. The Master Plan identifies the area in a commercial classification. This is the initial presentation of the project to the Town.

Jim Manguso and the owner of the project, Andy Hunt were present. The site plan is very similar to previous Walgreen’s site layouts. The building is a slight upgrade with a more modern and trendy look. Councilman Bylewski said his concern is that the location is within the Traditional Neighborhood District and he suggests that they take a look and make sure that it is architecturally acceptable in that area of Swormville. He recommended looking at the new Swormville Fire Hall and other buildings in the area.

Mr. Hunt said Walgreen’s is interested in conforming to different designs. They would be happy to work with any changes.

Motion by Councilman McPherson, seconded by Councilman Kolber to refer the request for Concept Plan Approval for construction of a 15,467 sq. ft. drug store at 6785 Transit Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mary Jo Parker requests a Building Permit and Architectural approval for construction of a pole barn in the Commercial Zoning classification at 8160 Wehrle Drive. James Callahan said the property consists of 1.27 acres in the Commercial Zone. The Master Plan identifies the area in a commercial zoning classification.

Gerald Parker said he would like to construct the building for the purpose of storage and to work on hot rods. It is off to the left back corner of the existing building. The front wall is 13 ft. There is an apartment complex behind them, with the access road along side. The existing building is approximately 26 ft. x 54 ft. Councilman Bylewski said the pole barn would dwarf the existing building. Supervisor Hallock asked if he considered a smaller project? Mr. Parker said only if he has to. Councilman McPherson said he has no problem with the Planning Board looking at this to try and reduce the size of what he is trying to do. He may come up with a suitable solution.

Motion by Councilman McPherson, seconded by Councilman Kolber to refer the request for a Building Permit and Architectural Approval for construction of a pole barn in the Commercial Zone at 8160 Wehrle Drive to the Planning Board. On the question, Councilman Bylewski suggested some landscaping might also help. Supervisor Hallock said it does not match the office building. Upon roll call - Ayes: All; Noes: None. Motion carried.

Norm Castine requests a Building Permit and Architectural Approval for construction of a 10 ft. x 50 ft. addition to an existing commercial structure at 5377 Transit Road. James Callahan said the property is an existing commercial property consisting of .64 acres. The Master Plan identifies the area in a commercial zoning classification. Norm Castine said he will continue the same style and color of the existing building. Councilman Kolber said there was an issue discussed last week. James Callahan said there is a drainage ditch adjoining the property. That will be addressed in the building permit process.

Motion by Councilman McPherson, seconded by Councilman Weiss to grant a Building Permit and Architectural Approval for construction of a 10 ft. x 50 ft. addition to an existing commercial structure at 5377 Transit Road. On the question, Councilman Kolber asked if he could brick it all the way up to match the building? Mr. Castine said it is only 10 ft. and doors will take up most of it. Upon roll call - Ayes: All; Noes: None. Motion carried.

Niagara Implement requests a permit for Outside Display of product at 8655 Transit Road. James Callahan said the location is north of Tonawanda Creek Road consisting of 3.1 acres in the Major Arterial Zone. The Master Plan identifies the area in a commercial zoning classification.

The owner said he sells ultra-power equipment such as small tractors. They have leased a portion of the building to start a store. They would like to have an outside storage display of 12 to 14 pieces of equipment. Councilman McPherson asked if they would be lined up even with the front of the building and the owner said yes.

Councilman Bylewski said by way of disclosure, his firm from time to time represents Belknap who owns the building. In order to avoid the appearance of impropriety, he will recuse himself from this item.

Councilman McPherson asked if part of the approval included lining up with the front of the building would be a problem? The owner said there is old cemented area that they are cleaning up. It is also behind the guardrail along Transit Road.

Motion by Councilman Kolber, seconded by Supervisor Hallock to refer the request for a permit for Outside Display of product at 8655 Transit Road to the Planning Board. Upon roll call - Ayes: Councilmen McPherson, Weiss, Kolber and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to set a Public Hearing for December 1, 2004 at 7:45 P.M. to consider the request for a Special Exception Use Permit for Outside Display of product at 8655 Transit Road. Upon roll call - Ayes: Councilmen 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. Eagles Wings Ministries – Dec. 5, 2004; B. Zonta Club – Dec. 7, 2004; C. Girl Scout Troop #1086 – Dec. 16, 2004; D. ROHA – Jan. 27, Feb. 24, Mar. 31 & Apr. 28, 2005; E. Cub Scout Troop #568 – Feb. 11, 2005; F. Clarence Girls Softball – Feb. 12, 2005; G. Cub Scout Pack #568 – April 10, 2005; H. Clarence Church School – June 11, 2005; Legion Hall Applications – A. Kristie Block – Nov. 6, 2004; B. Diane Moyer – Dec. 26, 2004; C. Swallow Creek Homeowners Assoc. – Jan. 11, Apr. 19, July 12 & Oct. 11, 2005; and D. Rita Powell – May 7, 2005. On the question, Councilman Bylewski said he is a member of Legion Hall item C., however, this is ministerial and he will be voting. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of November 4, 2004 are approved for payment: General Fund - $137,168.26; Highway Fund - $45,737.44; Water District - $32,920.71; Capital Fund - $312,946.08; Special Revenue Fund - $3,150.00 and Trust and Agency 203 - $3,088.00 for a total amount of $535,010.49. On the question, Councilman Bylewski said there were vouchers for Belknap and NOCO, both clients of his firm, however, this is ministerial and he will be voting. Upon roll call - Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Richard Dahn, 6421 Conner Rd. said he just received information about the meeting last week and rezoning his area from Agricultural to Residential. He is concerned and wants to know if the Town would grandfather in existing situations regarding agricultural uses. The line is established three lots from his house. It was his intent to have animals and a greenhouse. He submitted a letter today for the Town Board.

Councilman Bylewski said if we rezone to residential, given the existing use, would he be grandfathered in? James Callahan said we do have wording in there that would identify existing agricultural uses to continue. Councilman Bylewski added that as long as there is no gap in the agricultural uses. Town Attorney Steven Bengart said that presumes that there is a use now that qualifies.

Supervisor Hallock asked Mr. Dahn if it is used for agricultural right now? Mr. Dahn said on a very limited basis. Councilman Kolber said what if people wanted to keep a down zoning from the change, based on the acreage and the use? Councilman McPherson said he thinks it should be up to the property owner because of the tax consequences.

James Callahan said this particular property is within the sewer district and that is where the line came about. We do have wording in there that would identify that any existing agricultural operation could continue. Councilman McPherson said, so that means it is designated for residential use.

Mr. Dahn said he only has one chicken and what extent must he go to preserve the agricultural designation? He bought the three acres with the intent to use as agricultural on a small scale. He feels very strongly about this. Supervisor Hallock said they will review his letter.

There being no further business, Supervisor Hallock adjourned the meeting at 8:30 P.M.

Nancy C. Metzger

Town Clerk