11/07/07


A Work Session of the Clarence Town Board was held on November 7, 2007 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Confidential Secretary to the Supervisor Karen Jurek.

Director of Community – James Callahan

Public Hearings:

  • A public hearing is scheduled for 7:45 PM to consider adoption of a Local Law to be known as "Stormwater Management, Erosion and Sediment Control."
  • A public hearing is scheduled for 7:50 PM to consider adoption of a Local Law to be known as "Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems."
  • Nathan Raupp 9265 Main Street
    A public hearing is scheduled for 7:55 PM to consider the request for a Temporary Conditional Permit for an automotive repair operation at 9265 Main Street. Applicant is proposing to relocate from existing operation located on Ransom Road near the Main Street intersection to the vacant garage to the rear of Curves for Women. (Applicant asked to be removed from agenda)
  • Lia Honda 4891 – 4917 Transit Road
    A public hearing is scheduled for 8:00 PM to consider the request by Lia Honda for a Special Exception Use Permit for automotive sales expansion at 4891 – 4917 Transit Road. Applicant is seeking permanent approval to expand the operation to former plaza and to add additions/renovations to existing building.
  • Mark Hammister – Thompson Road/Orchid Ledge Drive
    A public hearing is scheduled for 8:05 PM to consider the request for a Special Exception Use Permit for a secondary living unit on the west side of Thompson Road south of Greiner Road. Applicant is proposing to split the lot to create two residential building lots. Applicant is also proposing a future secondary living unit on one of the split properties.
  • David Elibol 6225 Kraus Road
    A public hearing is scheduled for 8:10 PM to consider the request for a Special Exception Use Permit for a secondary living unit at 6225 Kraus Road. Applicant is proposing to construct a single-family residential structure with an in-law unit.

Agenda items:

  • Pegasus Property Management Inc. 9545 Main Street
    Applicant is seeking approval to expand parking facilities in the required front yard setback. The proposed site is located on the southwest corner of Main Street and Gunnville Road on 1.1+/- acres in the Commercial Zone. A zoning variance will be necessary to allow parking in the front yard setback area. Councilman Kolber felt that the front and back lot can be connected so traffic is not exiting onto Main Street. Councilman Weiss was not in favor of four parking spaces in front of the building. Town Engineer Latona stated that he will have to review drainage plans.
  • Turf Doctor 8910 Sheridan Drive
    Applicant is proposing to construct an additional accessory structure for existing lawn care business. The proposed site is located on the north side of Sheridan Drive, east of Shimerville Road at existing commercial operation located on 1.8+/- acres in the Restricted Business Zone. The proposed structure meets all setbacks in the Restricted Business Zone.
  • Rock Bottom 6261 Transit Road
    Applicant is proposing to construct a porch addition on the south side of the existing building. The proposed site is located on the east side of Transit Road, south of the Peanut Line at existing restaurant/bar located on 1.14+/- acres in the Major Arterial Zone.

Work Session items:

  • Roll Industrial Business Park-north of Roll Rd opposite Harris Hill Rd.
    Applicant is seeking Development Plan approval on the Industrial Park as well as architectural approval on a specific use within the park. The proposed site is located on the north side of Roll Road behind Italian Marble and Granite. The conceptually approved industrial park is located on 30+/- acres in the Industrial Business Park Zone. A Negative Declaration under SEQR has been issued on the project. Site engineering approval and Landscape Plan approval will need to be conditions of the approval. This project is subject to Commercial Open Space Fees. The first phase is for a 40,000 square foot single story building. There will be a retention basin with a pond. The plan ultimately is to include a sanitary sewer line that will run from the Peanut Line to Harris Hill. The applicant is petitioning to get an Empire Zone in Clarence for this facility, it is critical to the project. They are also looking for any opportunities that the state has to offer in terms of grants.
  • Benderson is requesting approval to clear two sites of mostly brush on Main Street at Goodrich Road and another open lot on Main Street next to Maria Pacenzia 9271 Main Street.
  • Synergy 8481 Sheridan Drive
    Applicant is requesting approval to expand their parking lot to the side and rear of existing business. The proposed site is located on the south side of Sheridan Drive, west of Harris Hill Road.

Supervisor Kathleen Hallock

Supervisor Hallock will make a motion to adopt the amended Town Policy Manual.

Regular Town Board meetings are scheduled for December 5th and December 19th. Supervisor Hallock asked that the Board get back to her regarding December 6th, December 12th. or November 29th to discuss the 2008 Organizational meeting.

Supervisor Hallock distributed copies of the proposed 2008 IDA budget.

Sewer District #2 Commissioners meeting is scheduled for Thursday, November 8th at 9:00 AM.

Supervisor Hallock will make a motion to declare the printer/fax machine from the Supervisor's office surplus.

Assemblyman Michael Cole contacted Supervisor Hallock asking the Town Board to pass a resolution in opposition to Governor Spitzer legislation allowing illegal aliens the right to obtain a drivers license. Supervisor Hallock distributed a copy of the proposed resolution.

Town Engineer Latona and Parks Crew Chief John Burns were in agreement with the request by the Erie County Sno-Seekers. They are also requesting permission to have access to Memorial Park to use the stone parking lots. The Erie County Sno-Seekers are asking that in the process of expanding our bike trails throughout the town consideration be given to widening the trail system. Town Attorney Bengart stated that this organization has never provided a "hold harmless agreement" however, they have made good on any issues in the past.

Kelkenberg Homes, Inc. is requesting a refund of a building permit fee for 6415 Strickler Road (permit #21797). The permit was issued on 9/13/06 and paid in full ($1,144) on 9/15/06. Before construction began their clients had decided that they would prefer to build on a different lot and put the lot on Strickler Road up for sale. Since that time, they have sold the lot to another client of Kelkenberg Homes. The building department has voided out the original building permit in order to apply for a new one. The new building permit for 6415 Strickler Road (permit #22789 was issued on 9/21/07 and paid in full ($1,461) on 9/28/07. They are requesting a refund of the original building permit fee of $1,144 and are aware that only a partial amount will be refunded due to the work that was done to review and issue the building permit. They only paid Open Space fees on both permits and should have paid Recreation fees.

Supervisor Hallock will read a Resolution at the November 28th Town Board meeting recognizing Howie Johnt 50 years of service with the Town.

The Town Board received a letter of appreciation from the residents on Wolcott Road.

Betty Murtaugh contacted Supervisor Hallock requesting the Town's consideration of Beeman Creek Park. Supervisor Hallock has an extensive file on Beeman Creek Park and will turn it over to the Recreation Advisory Committee. It is a County conservation area so the park would have to be opened up to all Erie County residents.

Supervisor Hallock has two items for Executive Session.

Councilman Scott Bylewski

Councilman Bylewski will make a motion authorizing the Supervisor to sign the EMS Contract with Twin City Ambulance.

A public hearing will be set for November 28th, 2007 to consider entering into a three year contract for fire protection between the Town of Clarence and the East Amherst and Swormville fire departments.

Councilman Bylewski has received notification from Time Warner regarding an update on the NFL network and Time Warner Cable's continuing negotiations.

Councilman Bylewski will report on the October 2007 Central Fire Alarm Operations Report.

The Town of Clarence received a check in the amount of $5,000 from the Preservation League of NY State.

Councilman Bylewski will report on the Single Family Dwelling Statistics for October.

Councilman Bylewski will make an announcement that if anyone is interested in sitting on the various boards and committees, they should apply. If anyone on these boards or committees whose term is expiring at the end of the year and wish to remain on the board/committee should through their liaison indicate such. As a result of the local election, beginning January 1st there will be a vacancy on the Town Board. Councilman Bylewski would like to open up this position to anyone wanting to apply.

Councilman Joseph Weiss

Councilman Weiss will make a motion authorizing the Supervisor to sign the 2007-2010 Snow Removal and Ice Control Agreement between the County of Erie and the Town of Clarence.

The Clarence Soccer Association has sent a letter of appreciation to the Highway Department for the work they did at the soccer center.

There was some discussion regarding the Day in the Park and running the funds through a different non-for-profit. In talking with several of the donors, they were not interested in going through a non-for-profit. Several donors put the funds through their advertising budget and are aware that it is not a donation but part of their budget. They are not concerned with a tax write-off. Any money that comes in will go to the group that is running the Day in the Park.

Councilman Weiss will make a motion to appoint Dennis Londos to the Conservation Advisory Committee with a term expiration of 12/31/2007.

Councilman Bernard Kolber

Professor Raja Samina met with Director of Community Development James Callahan to gather information. She has met with a colleague in Wisconsin that is also gathering information for her.

Councilman Patrick Casilio

Councilman Casilio thanked the Town Board for attending his father-in-law's funeral.

Councilman Casilio was misquoted in the Clarence Bee. Councilman Casilio was quoted in the Clarence Bee as saying that the Town employees 100 Blue Collar employees when in fact we have a total of 125 employees which includes approximately 55 – 60 Blue Collar employees.

The Harris Hill Association has through an e-mail notified their members that the Town Board approved a bike trail at Sunset Park down Wehrle Drive. Councilman Casilio will announce that no action has been taken on the matter.

The Clarence Hollow Association is hosting a tree lighting ceremony on November 29th at 6:00PM at the Clubhouse.

The speed trailer was set up on Goodrich Road as a testing site and a base line has been established on Stahley Road. Unfortunately 85% of drivers were speeding however, it was approximately 5 miles over the speed limit. There was a 51mph spike on Stahley Road. Highway Superintendent Ted Donner has received approval from the DOT that they will accept the traffic study counts from the machine. Councilman Casilio would like to set the trailer up on Greiner Road near Thompson and on Greiner Road near the S-curve.

Councilman Casilio has one item to discuss in Executive Session regarding the sale of real property.

Councilman Casilio met with Supervisor Hallock and came up with the boundaries for the proposed street lights in Clarence Center. There are no easements or right-of-way issues in Clarence Center.

Councilman Casilio is working with the vendor regarding the security cameras to rework the specs.

Town Engineer Latona and Highway Superintendent Donner are working on designs for the "landscape islands" at Nottingham and Main Street and Fireside Drive and Main Street. Town Engineer Latona stated that there is money available for a company that does this type work to do some preliminary recommendations. The Engineering Department will do the field work and the Highway Department will build the island.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss matters leading to the appointment of individuals and § 105 (1) H the proposed sale of real property. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 6:45 PM.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:10 PM. Upon roll call – Ayes: All; Noes: None. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, November 7, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

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

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona and Building Inspector David Metzger.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held September 26, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to approve the minutes of the previous meeting held October 3, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Casilio to adopt the Amended Town of Clarence Town Policy Manual. On the question, Supervisor Hallock said the Town Policy Manual was adopted several years ago. We have gone through it and brought it up to date with newer regulations and to be more in conformance with the union contracts that were passed this year. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfers of funds in the General Fund: $515 to A 8730.0250 Bike Path, $985 to A 8730.0432 Dues and Subscriptions and $50 to A 8730.0472 Bike Path Maintenance for a total of $1,550 from A 1670.1 Personal Services; $3,000 to A 5010.220 Highway Office Equipment, $4,000 to A 1440.1220 Engineering Office Equipment, $4,000 to A 3620.230 Building Department Office Equipment with $7,000 from A 5132.250 Locker Room Fixtures and $4,000 from A 5132.450 Repair and Maintenance of Buildings; and $47,000 to A 7310.250 Building Improvements with $12,500 from A 7310.433 Rental, $5,000 from A 7310.435 Special Programs, $18,500 from A 7140D.1 Personal Services, Summer Recreation and $11,000 from A 7180.1 Personal Services, Pool. On the question, Supervisor Hallock said this is to cover a few big items we have been working on this year, including another extension of the bike path, sealing of a portion of bike path, new phone system for Building and Engineering and Highway, and improvements to the Youth Bureau building. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint the following individuals as Clerks PT: Sara Krawczyk, Robin Sendlbeck, Lynn DeBoth, Deborah Griffiths and Paula Gregorio-Hebler at the budgeted rate, effective immediately. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to declare the following piece of equipment as surplus: (1) HP G95 fax/printer – Serial Number SGG14EGHCM purchased in 2002. On the question, Supervisor Hallock said the machine was leaking badly and parts were wearing out. It will be traded for a new one. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that item #13 is removed from the agenda at the request of the applicant.

Supervisor Hallock said as announced in the Organization Minutes in January, the next meeting is November 28th; and the December meetings will be held December 5 and 19.

Supervisor Hallock stated it is the practice of the Town Board to announce motions that were passed at Work Sessions or Special Town Board meetings.

October 3, 2007 Work Session:

A motion was passed authorizing the Supervisor to execute a purchase agreement between the Verdin Company and the Town of Clarence for the purchase of the Bicentennial Bell.
          A motion was passed to refer Dunkin Donuts to both TEQR Committee and the Planning Board for a concrete recommendation for the December 5, 2007 agenda.
          A motion was passed that the Town pursue moving the telephone and data services from Level III and Verizon to One Communications and pursue the purchase and installation of new phone systems at two Town buildings.

Supervisor Hallock stated that Erie County has designated November 1st – 30th as the annual 30-day time period within which a landowner may request predominantly viable agricultural land for inclusion in a certified agricultural district in accordance to Section 303-b of NYS Agriculture and Markets Law. Copies of the application are available in the Supervisor's office. We have been asked to announce this through November at Town Board meetings.

Supervisor Hallock announced that in conjunction with the Town's Bicentennial celebration, an ecumenical service will take place on Wednesday, November 21, 2007 at the Clarence United Methodist Church at 7:00 P.M. to bless the celebration in the Town. This is being arranged through the Clarence Clergy Association. The Bicentennial quilt being donated by the Log Cabin Quilters will be blessed and shown for the first time at the service.

Supervisor Hallock congratulated Councilman Bylewski for being elected to the Supervisor's position and to Councilmen Weiss and Kolber for their successful campaigns. She said this year's campaign was conducted in a very positive manner and she thanks and congratulates all candidates for their participation and interest in good government.

Councilman Bylewski said we received a letter from Time Warner Cable updating us on the continuing negotiations with the NFL network. The letter will be available at the Town Hall if anyone is interested.

Councilman Bylewski received the October 2007 Operations Report from the Central Fire Alarm Office. Town of Clarence fire companies responded to the following: Fires – 3; Motor Vehicle Fires – 1; Miscellaneous Fires – 3; False Alarms – 2; EMS Calls – 122; Motor Vehicle Accidents – 12; and Miscellaneous Calls – 41 for a total of 184 alarms.

Councilman Bylewski said they have been working on multiple year contracts for ambulance service. Requests for Proposals were sent out. The EMS Board reviewed the proposals and made a recommendation.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Town of Clarence is desirous of entering into an agreement for providing pre-hospital emergency ambulance services pursuant to the provisions of General Municipal Law section 122-b; and
          WHEREAS, the EMS Board has made its recommendation to award the Ambulance Contract to Twin City Ambulance Company because of the superior service it has provided over the last three years; and
          WHEREAS, the Ambulance Service is desirous of furnishing emergency ambulance service to the Town of Clarence and the other Municipalities; and
          NOW, THEREFORE BE IT
          RESOLVED, that the Clarence Town Board, upon the recommendation of the EMS Board, authorizes the Supervisor, Kathleen E. Hallock to sign the Pre-Hospital Emergency Medical Services Contract with Twin City Ambulance Company pursuant to the terms and conditions of said contract.
          On the question, Councilman Bylewski said the contract also involves the Towns of Amherst and Newstead, the Villages of Akron and Williamsville, the Chairman of the Board of Fire Commissioners of Clarence Fire District No. 1, the Chairman of the Board of Fire Commissioners of the Snyder Fire District and the Chairman of the Board of Fire Commissioners of the Eggertsville Fire District. The contract for EMS services is with Twin City Ambulance Service. Everything he has heard has been positive about the services that they perform for all of the municipalities involved.
          Upon roll call – Ayes: All; Noes: None. Motion carried.
          Councilman Bylewski said Swormville and East Amherst fire companies have expressed the desire to enter into 3-year contracts. In order to do that, another public hearing will have to be held for each of them.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a public hearing for Wednesday, November 28, 2007, at 7:55 to consider entering into a three year contract for fire protection between the Town of Clarence and the East Amherst Fire Department, Inc. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a public hearing for Wednesday, November 28, 2007, at 8:00 p.m. to consider entering into a three year contract for fire protection between the Town of Clarence and the Swormville Volunteer Fire Company, Inc. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we have received a check for $5,000 from the Preservation League of New York State to be used to engage the services of Clinton Brown Architecture to perform the intensive level survey.

Councilman Bylewski received the Single Family Dwelling Statistics from the Building Department for the month ending October 2007. There were 9 building permits issued in subdivisions and 3 outside of subdivisions. Building permits issued year-to-date through October 2007 were 64 in subdivisions and 30 outside. By comparison, there were 69 issued in subdivisions and 40 outside for year-to-date October 2005; and for October 2006, 62 in and 45 out. Councilman Bylewski said permits in subdivisions are picking up to previous years levels, while outside they are lagging behind. He added that development is occurring in the Town but as a result of our controlled growth measurements, we have been making sure that it is the right development for the Town.

Councilman Bylewski thanked Supervisor Hallock and her husband for their help and support in the election. He and his family congratulate Councilmen Weiss and Kolber on their well run races and re-elections. He believes that the Town is generally pleased with how things are going and voted to keep the Board as is.
          Councilman Bylewski said that come January 1st, he will reign as Councilman leaving an open seat. In speaking with the other members, they have agreed to accept applications from individuals interested in the position. It would be a Town Board appointment for one year with a special election to be held next year to complete the term. Applications will be accepted in the Supervisor's office through the end of business on December 6th.
          Councilman Bylewski said any other board or committee members who have terms that will expire at the end of the year should submit letters of intent if they wish to continue. Also, anyone interested in serving on a board or committee should submit an application.
          Councilman Bylewski also thanked his wife Rebecca for her help and support.

Councilman Weiss congratulated Councilmen Bylewski and Kolber on their wins. He also acknowledged Mr. Pazda and Mr. Mills who ran against them. Both of them have called with congratulations and he thought that was a classy thing to do.
          Councilman Weiss also suggested that everyone learn how to pronounce Bylewski correctly, especially now that he will be Supervisor.

Motion by Councilman Weiss, seconded by Councilman Kolber to authorize the Supervisor, Kathleen E. Hallock to sign the 2007-2010 Snow Removal and Ice Control Agreement between the County of Erie and the Town of Clarence. This Agreement shall be reviewed annually for modification in accordance with the terms and conditions of the Agreement. The term of the Agreement is from September 1, 2007 through August 31, 2010. The agreement will be on file in the Office of the Town Clerk of the Town of Clarence. Reimbursements will be made to the Town according to the schedule attached to said agreement. On the question, Supervisor Hallock said she did verify that the lane miles and amounts were correct. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Dennis Londos as a member of the Conservation Advisory Council with term to expire 12/31/07. On the question, Councilman Weiss said Dennis is also heading up our deer management program. They are having a meeting right now with the representative from the DEC and hopefully receiving the first batch of permits. Dennis has done a lot of work on this along with John Jondle and Peter Wolfe. Supervisor Hallock added that there was an article in the paper today that there is an increase in deer/car accidents. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he received a copy of a letter sent to Highway Supt. Ted Donner from the Clarence Soccer Club thanking him and his crews for all the work they have done on the parking lot at the Soccer Center.

Motion by Councilman Kolber, seconded by Councilman Bylewski that the Clarence Town Board authorizes the Clarence Concert Association to use a portion of the Town owned premises located at 4650 Thompson Road for storage purposes subject to Town Attorney review an approval of a Hold Harmless/Indemnification Agreement and acceptable proof of insurance in the form of a Certificate of Insurance naming the Town as additional insured. On the question, Councilman Kolber said the Concert Association was looking for a place for storage of their music. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber congratulated Supervisor-Elect Bylewski and Councilman Weiss. He thanked their opponents for running a good campaign. He appreciates all of the voters who turned out to show their support.
          Councilman Kolber asked Kim Karcher from the Clarence Bee if she could get something in the paper regarding all of the openings on the various boards and committees.

Councilman Casilio congratulated the Councilman on their victories. He also congratulated Town Clerk Nancy Metzger for all of the votes she received as a compliment to the good job she does for the Town.

Councilman Casilio said he was misquoted in the paper a few weeks ago regarding the blue collar contract. The Town has about 100 employees, of which 55 – 60 are blue collar members.

Councilman Casilio said there was a comment on the internet about the Town Board approving a bike path proposal for the Harris Hill area. There has been a proposal under review, but nothing has been approved by the Town Board.

Councilman Casilio said the Clarence Hollow Association is having a tree lighting ceremony on November 29th at 6:00 P.M. at the Main Street Town Park. There will be refreshments and holiday music.

Councilman Casilio said that the Engineering and Highway Departments have been working on redesigning decorative islands in the Harris Hill area. There were decorative islands several years ago and are now vast spaces of blacktop.

Councilman Casilio said a test run of the traffic speed cart was done on Goodrich Road. We also did Stahley Road to get a baseline on the traffic status. The reports came back that the majority of the cars were speeding, but not by much. Karen Jurek will be helping us put the reports up on our website. The DOT approves of the information that is provided by the machine. Traffic counts can be done in the winter also.

Councilman Casilio said his father-in-law passed away last week and he thanked the Town Board for attending his funeral. His wife appreciated the support of friends on that sad day.

Councilman Kolber said most of the political signs in Town have already been cleaned up. It was a bipartisan effort and he thanked Henry Becker and Dave Hallock for helping out. He said he received a call at his office today and the person said that Highway trucks were out picking up signs. The Town Highway Department was not out picking up signs.

A Public Hearing was held to consider adoption of a Local Law to be known as “Stormwater Management, Erosion and Sediment Control". Town Engineer Joseph Latona said the two proposed local laws are in compliance with the US EPA Stormwater Phase II Program. They are required for implementation by 2008. Steven Bengart and James Callahan have been assisting in working on this for quite some time.
          Speaking to the subject:
          Town Attorney Steven Bengart said it should be noted that municipalities in Erie County could receive a grant up to $7,000 or have the County prepare it for them. We chose to do it ourselves and hope to receive the grant. A great deal of time went into this. Supervisor Hallock asked if the grant application was in. Mr. Latona said it was.
          Stephen Murtaugh said he has reviewed the proposed law. It is very well thought out and very well done. He believes it is an appropriate law for our Town. He had two questions, one was that in one area it says the stormwater prevention plans are to be reviewed by a municipal body, and in another place it says the municipal body is to receive and review the plans before any permission is given. He wondered what that municipal body is. (Page 6)
          Joseph Latona said it states that the stormwater management officer will review that, which is the Town Engineer. He will then recommend to the Town Board the same way he does now with development plans. It is compatible with the existing process.
          Mr. Murtaugh referred to page 7, section 2.1 where it says appropriate board. Mr. Latona said that means the engineering department as part of the development plan submittal.
          James Callahan said our process includes the Planning Board as the recommending body to the Town Board. Mr. Latona added that the Engineering Department forwards their recommendation to the Planning Board. They are appropriately worded.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, that the Clarence Town Board, after a public hearing duly held on November 7, 2007 and after all interested parties being heard, hereby amends the Code of the Town of Clarence and adopts Local Law No. 6 of the year 2007 – Stormwater Management, Erosion and Sediment Control. This local law shall become effective upon filing with the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider adoption of a Local Law to be known as “Prohibit Illicit Discharges, activities and Connections to Separate Storm Sewer Systems". Town Engineer Joseph Latona said this is the second law to be adopted under the US EPA Stormwater Phase II Program.
          Speaking to the subject:
          Stephen Murtaugh said this is a very well thought out suggestion for a local law. It is much needed as our Town grows. One of his concerns is he does not see anything mentioned about injection wells that are used by many businesses. He believes pollutants can get down into the aquifer and there are several people in Town who get their water from wells. He thought the law should also address this.
          Town Engineer Latona said Stormwater II deals with discharges to surface waters. The injection wells go down about 180 feet, are cased and go down to a non-potable water source. The wells are registered, certified and logged in with the Environmental Protection Agency.
          Stephen Murtaugh said his other concern is that there is a lot of surveying, monitoring, etc. As he looks at the scope of the work he wonders if we will need more manpower with particular skills. Also, education will be needed for people who must comply with the new law.
          Mr. Latona said he will be very busy, but he believes they can handle it. They have been involved in public awareness about the issues, instructed other Town departments and feel that they can handle it at this time. There will be additional fees required for reviews, maintenance agreement requirements and monitoring requirements. Mr. Latona said all of these things have been addressed.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Weiss, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that the Clarence Town Board, after a public hearing duly held on November 7, 2007 and after all interested parties being heard, hereby amends the Code of the Town of Clarence and adopts Local Law No. 7 of the year 2007 – Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems. This local law shall become effective upon filing with the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule.
          On the question, Councilman Weiss said there is also a provision to charge for extra work on large projects such as additional monitoring. He said they actually got the suggestion from Betty Murtaugh and he thanked her for that.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said item 13 was removed from the agenda at the request of the applicant for a Temporary Conditional Permit for auto repair at 9265 Main Street.

A Public Hearing was held to consider the request by Lia Honda for a Special Exception Use Permit for automotive sales expansion at 4891-4917 Transit Road. James Callahan said the location is the east side of Transit Road, north of Sheridan Drive consisting of approximately 4.8 acres in the Major Arterial Zone. The applicant is seeking to permanently expand their operation to the adjoining parcel. They currently have a Temporary Conditional Permit to do this.
          A representative for the owner and William Schutt were present. Mr. Schutt said they have recently submitted a revised landscape plan to the Landscape Committee addressing their concerns. The also contacted the owners of Eastgate Plaza regarding an access road. They received a cool response and were told it would take 12 months or more to get an answer. The building on the site will be demolished and the expansion done as shown.
          James Callahan said the Town Board issued a Temporary Conditional Permit until they were able to propose a more permanent operation.
          Councilman Kolber said they could continue to operate with the difference of going through a renewal process. James Callahan said that is the decision of the Town Board.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Councilman Bylewski said he believes this proposal meets of the appropriate requirements of the Town Code for a Special Exception Use Permit. James Callahan said they do.
          Councilman Bylewski asked if the applicant is aware of the conditions and is willing to comply with them. Mr. Schutt said yes they are.
          Councilman Kolber said he is worried about the precedence that we are setting. The difference with this is that we are keeping the same use and not changing it.
          Councilman Bylewski said they are also willing to attempt to negotiate an access road to the plaza if it is offered by the owner.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board, after a public hearing duly held on November 7, 2007 and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, LIA Honda, to expand the automotive sales operation and to add additions/renovations to the existing building subject to the following conditions: 1. Landscape Committee approval. 2. If adjacent property owner agrees to access for the applicant to the adjacent property to the north, the applicant will establish an entrance on the access road.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit on the west side of Thompson Road south of Greiner Road. James Callahan said the property consists of approximately 39+ acres zoned Residential Single Family. The applicant is seeking approval for a Minor Subdivision to create two residential building lots and a Special Exception Use Permit for a secondary living unit for one of the lots.
          Brad Davidzik of Damon and Morey is representing the applicant. The secondary living unit is proposed for the larger of the two lots consisting of 2,000 sq. ft. It will be accessed to the main house through a 500 sq. ft. enclosed corridor. It is also approximately 530 ft. from the existing homes on Thompson Road. They feel it will not have any negatives impacts on the surrounding properties. It meets all the requirements for a secondary living unit. The appearance will be that of a single family residence and Mr. Hamister has no intentions of using it as a rental. It is for family members visiting from out of Town. The deed restrictions will be filed with the Town Attorney as soon as possible.
          Councilman Bylewski said there was mention of the possibility of two additional homes on the site at the last meeting. He asked if there was any further discussion at this point. Mr. Davidzik said Mr. Hamister would love to have two more homes for his daughters. It is unlikely that it will ever happen, but he wanted to be up front if that day did come.
          Mr. Davidzik said the design of the site is preliminary. Once they sit down to do the final plan, they will decide on details of a fence. It is not a discretionary approval. Councilman Casilio said we are trying to preserve the vistas in the Town. He would hate to see 40 acres surrounded by a fence and then all new developments installing fences.
          James Callahan said this item is on the agenda to consider the lot split and to consider the Special Exception Use Permit for the secondary living unit. The applicant will be back for an excavation permit for the pond upon submittal and approval by the Town Engineer. There also must be Zoning Board of Appeals action on the setbacks.
          Supervisor Hallock said she received a letter from a resident concerned about a deep lake of several acres and rerouting and control of waters exiting the land. She is afraid it may increase the water problems of residents on Willow Brook. She asked that a water study be done on the entire area by professionals. Supervisor Hallock said in talking with the Town Attorney, those types of things are reviewed by our Engineering Department.
          Councilman Casilio asked when the fence approval would come before the Board. James Callahan said if it meets the requirements of the fence law, he would issue the permit. It is totally unrelated to any considerations here tonight.
          James Callahan the request for the splits was held from the last meeting.

Pam Devine said she is on the west side of this property. There is a trench along her property that the Town does clean out. It would eventually go into the proposed lake and she would like to know who would maintain it to keep it clear. Town Engineer Latona said if the Highway Department is maintaining it now, he believes they would continue to do so as part of the Town-wide Drainage District. Councilman Weiss said the only problem would be if a fence was placed in a manner that Highway could not get in there. Mr. Latona said they are aware of drainage channels and the amount of water. They have had preliminary meetings with the design team relative to the sensitivity of those areas.
          Ms. Devine said if the property is approved for the proposed development, would they be eligible for further design at a later date. James Callahan said they are utilizing the total amount of frontage available to them for the lot splits. The only possibility is the discretion of the Town Board for an open development. They could have two more lots, but it would be difficult.

Denise Brown said her property is adjacent and would like to see the issue of more lots taken care of with the approval. Her other concern is drainage. She is going to have to rely on the Town to make sure there is no more overflow onto her property. She also wanted to know what kind of buffer is planned for their side. It is a very big nesting place for the deer too. She asked that the Town take care of the water issues.

Councilman Kolber said this project may very well take care of the water issues in that area by having something for it to drain into.
          Councilman Bylewski said the Town is very sensitive to the water problems in that area.
          James Callahan said there are no more lot splits that can be done on the property. Homes could be added as part of an open development, which would go through its own process all over again.

Lee Szimonisz said she lives on Willow Brook and wrote the letter that the Supervisor referred to. She has considerable water flow through her sump pump system and is concerned about the impact on the water. She asked if there is an environmental impact statement and is the public able to look at it.

Councilman Bylewski said they have received a short environmental assessment form regarding the subdivision of the property. The drainage situation is a separate application. James Callahan said the applicant is submitting all of the necessary information and there is no need for an environmental impact statement. When they apply for the pond permit, the environmental impacts will be identified as part of that process.
          Supervisor Hallock said all of the comments will be taken under consideration. All of the information regarding this project or any project is public information.

Steve Murtaugh, Willow Brook Drive said he has lived there for 45 years and they have only had one water problem. The Highway Department put in a swale 30 years ago. He has no problem with the secondary house. This project will enhance the property and the value of the adjoining properties. They propose to put in a landscape buffer between the properties on Willow Brook. The alternative for the property is to develop 20+ homes that would back right up to the homes on Willow Brook. The plan was presented previously, but not acted upon. He and his wife are all for this project.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of an additional residential building lot in the Residential Single Family Zone to be split from the property described as south of Greiner Road, west of Thompson Road. This Unlisted Action involves creation of a residential building lot. After thorough review of the Environmental Assessment Short Form, it is determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for two additional residential building lots to the applicant, Mark Hamister, for the property located on Thompson Road and Orchid Ledge Drive, subject to the following: 1. Open space and recreation fees.
          On the question, Councilman Bylewski said the pond would be a separate application if it is to go forward. A fence would have to meet the requirements of the fence law. Supervisor Hallock said there have been a lot of water concerns that they have been made aware of over the years. She believes that the pond permit may address those issues.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board after a public hearing duly held on November 7, 2007 and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Mark Hamister, for a second living unit to be constructed as part of the new home development located on the west side of Thompson Road (south side of Greiner Rd.) the following conditions:

1. Shall only be utilized as a familial/in-law unit.

2. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the second unit to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney.

3. Proof of filing of the approved deed is required and must be submitted to the Town Attorney before a certificate of occupancy can be issued.

On the question, Councilman Bylewski asked if the applicant is aware of and agrees to the conditions of the permit. Mr. Davidczyk said he is.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit at 6225 Kraus Road. David Elibol said he submitted the elevations and a plot plan of what he is proposing. The home has the appearance of a single family home. He said all of the requirements are satisfied. The intent is to move his elderly in-laws in.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board, after a public hearing duly held on November 7, 2007 and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, David Elibol, for a secondary living unit to be part of the new home construction at 6225 Kraus Road subject to the following conditions:

1. Shall only be utilized as a familial/in-law apartment.

2. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the secondary unit to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney.

3. Proof of filing of the approved deed is required and must be submitted to the Town Attorney before a certificate of occupancy can be issued.

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 2008. Supervisor Hallock said there were handouts including a budget summary, charts of general fund appropriations and revenues and also highway appropriations and revenues.
          Speaking to the subject:
          Councilman Bylewski said normally there are some changes made by the Councilmen to the Supervisor's budget. The changes that were made were very minor. We are growing at an assessed value rate of 6% per year with 4% of that in just assessments and 2% is regarding growth. We are within a cost of living increase in overall spending. He congratulated the Supervisor on her fiscal stewardship.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to approve the Preliminary Budget and Special Districts Assessment Roll for the Town of Clarence for the year 2008 as the Adopted Budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Pegasus Property Management Inc. requests a parking lot expansion at 9545 Main Street. James Callahan said the location is the southwest corner of Main and Gunnville in the Commercial Zone.
          Dave Sahle and Dan Snyder were present. Mr. Sahle said there are two curb cuts for this property, one on Main Street and the other on Gunnville Road. They have done a lot of improvements to this property. They would like to take the front five spaces and create a circle turnaround for deliveries and drop off with a few parking spaces. A drawing was presented showing the changes.
          Councilman Kolber said we cannot approve that because of the zoning law. He suggested ingress only off Main Street and running a drive along the stone fence to the rear parking area. Mr. Sahle said the sidewalks are already in. They want to put in the circle and move the existing parking spaces in the front.
          Councilman Bylewski said if they kept the spaces where they are it would be a pre-existing use, but changing it would not comply with our zoning laws. James Callahan added that the proposed parking for the rear is in conformance.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval for the parking in the back of the building and deny any additional parking changes in the front of the building. On the question, Councilman Bylewski said if they went to the ZBA for a variance and if they are so inclined, he does like the feature of the circle in front. Councilman Kolber said he would like to see the driveway go through to the back. Mr. Sahle said the only entrance to the building is the front. Councilman Casilio complimented them on what they have done with this building. It is a good example of smart growth by reusing an existing building and keeping with the character of the Town. Councilman Weiss agreed they have done a great job. Councilman Casilio said he does not agree with paving anymore of the property than necessary by paving all the way down the side. Upon roll call – Ayes: All; Noes: None. Motion carried.

The Turf Doctor requests a Building Permit and Architectural Approval for a new structure at 8910 Sheridan Drive. James Callahan said the location is the north side of Sheridan, east of Shimerville consisting of 1.8 acres zoned Restricted Business.
          Christian Charnock said he and his father own the business and are seeking approval to construct a new building for their business. They intend to demolish the garage at the front of the property. The new building would be 20 ft. larger with 4 ft. of wainscoting to the front of the structure.
          Councilman Casilio said there is a percentage of a metal building that should have more decorative materials.
          Councilman Kolber said the building is actually going to be the primary structure and not an accessory building. He has looked at alternatives for this project. They could set the building back further because the property depth is 548 feet. The back of the building could be 400 ft. back from the hydrant. They could even build an office building in the front. This is prime Sheridan Drive frontage.
          Mr. Charnock said they have an office.
          Supervisor Hallock added that people can use their property the way they would like to.
          James Callahan said architectural metal paneling approved by the Town Board may be used for all surfaces provided the paneling does not exceed 20% of the wall face.
          Councilman Casilio said that is why he was surprised that was all he was doing. Mr. Charnock said that is because that is all you would see from the road. Councilman Casilio said maybe they should dress the whole front of the building with another material.
          Councilman Kolber said there are several new buildings along Sheridan that he could take a look at. He would like to see a nice quality building. Mr. Charnock said this is basically a garage to store equipment in. They would like to set the building back, but it would cost a lot of money to put in the fire hydrant.
          Town Engineer Latona said the water department may put in the fire hydrant, but it is the rental over the year that is collected by the Town. This is for a hydrant at the street. Dave Metzger added that the distance is 400 ft. to the back of the building and if the hydrant is in the right-of-way, the cost is a couple hundred dollars a year.
          Motion by Councilman Casilio, seconded by Councilman Weiss to refer the request by Turf Doctor for a Building Permit and Architectural Approval for a new structure at 8910 Sheridan Drive to the Planning Board for review. On the question, Councilman Casilio said he does not feel it is meeting proper requirements with regard to the metal clad siding. Councilman Bylewski said the overall site plan is also an issue. Councilman Casilio said it did not meet the requirements and he was not exactly sure on what they wanted to do. Mr. Charnock said he needs to get it straight on what can be used on the outside of the building. Councilman Weiss said it is a pole barn and they should dress it up or move it back. Supervisor Hallock suggested finding out the true costs for the fire hydrant for his own purpose. Councilman Bylewski added that vinyl siding is an approved material. Upon roll call – Ayes: All; Noes: None. Motion carried.

Rock Bottom requests a Building Permit and Architectural Approval for a new porch addition at 6261 Transit Road. James Callahan said the location is the east side of Transit Road, south of the Peanut Line consisting of an existing restaurant in the Major Arterial Zone. The applicant is proposing a roof over an existing porch.
          Domenic Ruzzine said he wants to put a roof over the front porch to keep the rain and snow off of it; and he thinks it will look more attractive.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to grant a Building Permit and Architectural Approval for a new porch addition at 6261 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Clarence Historical Society – Monthly meetings for 2008; B. Clarence High School Indoor Track Team – March 10, 2008; C. Clarence High School Outdoor Track Team – June 17, 2008; D. Kiwanis Club of Clarence – March 22, 2008; E. Boy Scout Troop 93 – March 30, 2008; F. Clarence Contemporary Club – Sept. 29 & 30, 2008; Legion Hall Applications - A. Wendy Kelkenberg – Nov. 16, 2007; B. Jurek Family – Nov. 23, 2007; C. Jason Holden – Dec. 16, 2007; D. Sheridan Hill School Faculty - Feb. 9, 2008; E. ToniAnne Dean – Feb. 16, 2008; and F. Anita Hathaway – Dec. 7, 2008. On the question, Councilman Bylewski said the standard disclosure that members of the Town Board are also members of various organizations, however this is ministerial and they will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of November 1, 2007 are approved for payment: General Fund - $95,490.50; Highway Fund - $85,220.56; Water District - $1,542.36; Fire Districts - $630.00; Drainage District - $5,517.27; Sewer Districts - $1,290.00; Capital Fund - $390.00; and Trust and Agency 203 - $37,960.61 for a total amount of $228,041.30. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town"

Henry Becker said he has been handling the political signs for a very long time and he never felt such good feelings only 24 hours after an election. He thinks it is good for the Town of Clarence.

Councilman Casilio said we lost two more WWII veterans last week. He would like to close the meeting in honor of Frank McCullough a Pearl Harbor survivor and very active member of Nativity Church; and his father-in-law Al Annalett who served in the Army Air Corps.

There being no further business, Supervisor Hallock adjourned the meeting at 9:28 P.M.

Nancy C. Metzger
Town Clerk