11/16/05


A Work Session of the Clarence Town Board was held on November 16, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Director of Community Development – James Callahan

Public Hearing:

7:45 P.M. - Premium Automotive 8574 Sheridan Drive – to consider the request for a Temporary Conditional Permit for an automotive repair business at 8574 Sheridan Drive. Applicant has identified that original vehicle repair was a part of the Musso operation but has subsequently expanded. The Town Board never approved the expansion of the existing use to include a separate/stand alone automotive repair facility. The Restricted Business classification does not allow for automotive repair. The Town Board could consider a Temporary Conditional Permit for the use.

Formal Agenda items:

Carol Shamas 10928 Main Street
Applicant requests a Change in Use from vacant to Health Care Center/Coffee Shop. The proposed site is located on the north side of Main Street, east of Salt Road, west of Davison Road in the former Yankee Peddler building on .6 acres zoned Traditional Neighborhood District. There will be no changes to the building façade; parking is located to the rear of the building. The project is within the Clarence Hollow overlay and has been forwarded to the Community Character Protection Board for review and comment. Adequate parking exists to accommodate the proposed use.

Jim Ramsey 10748 Main Street
Applicant requests a determination under the State Environmental Quality Review Act in order to proceed with a Demolition Permit for 10748 Main Street. The Historical Society has put forward a pending contract for funding towards the purchase of this property.

Waterford Village Bank
Applicant requests Architectural Review of previously approved bank at 8411 Main Street.

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

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

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

Darlene Hartwig – north of 6201 Kraus Road
Applicant requests a 2-lot minor subdivision. The proposed site is located on the east side of Kraus Road, north of Memorial Park on existing vacant land consisting of 324 +/- feet of road frontage and 4.72 acres in the Agriculture Rural Residential Zone. Applicant is seeking to split the existing lot into two lots each meeting minimum requirements in the Agriculture Rural Residential Zone.

Walgreen’s Drug Store 9200 Sheridan Drive
Applicant requests Concept Plan approval for construction of a new 14,820 square foot drug store in the Commercial Zone. Applicant did not comply with requests made by Town Board at October 26, 2005 meeting.

Work Session items: (for consideration on December 7, 2005)

Rocco DelGrosso 6221 Transit Road
Applicant is seeking to demolish the existing structure (Roger’s Piano and Clock) former residential structure located on 2 +/- acres zoned Major Arterial with the intent of constructing a new office building in the future. The proposed site is located on the east side of Transit Road, north of Woodbridge Lane. Since the structure is greater than 50 years old; it is classified as a Type I Action under SEQRA.

Carl Frizlen 9435 Main Street
Applicant requests preliminary concept review for a mixed-use development in the Commercial Zone including a 14,000 square foot office building with six town-homes and 12 condominiums. The proposed site is located on the south side of Main Street, opposite Goodrich Road intersection on existing vacant land consisting of 21.3+/- acres with 300+/- feet of road frontage zoned Commercial along the frontage and Agriculture Rural Residential to the rear. There are several issues including wetlands to the rear of the property. On-site sanitary sewage disposal for large-scale use. Drainage issues with poor soils and rock near the surface.

Supervisor Hallock stated that in three weeks several proposed subdivisions will be on the agenda and she would like to discuss several issues brought up including private roads, condominium status, and clustering etc. so the Planning Board and the applicants have some type of direction ahead of time.

Councilman Kolber suggested that we look at our Zoning and Subdivision Laws with each project and what we can foresee as a vision for how these projects develop. Without being restrictive, see how we can maximize the aesthetic appearance of the town; maximize the features we want in it working within our own newly adopted guidelines. Then with this guidance, send the project on to the Planning Board to work out the details.

Councilman Bylewski stated that as they are reviewing each project, it is hard to determine whether we want to see public or private roads until there is more detail.

Town Attorney Bengart suggested that Jim Callahan provide information to the applicant in advance as to what is expected when submitting a project.

Councilman McPherson stated that just because the Town Board refers a project to the Planning Board does not mean they are advocating approval. Town Attorney Bengart agreed but added that it helps the entire process if certain Board members have issues, they be noted up front.

James Callahan stated that there are some general issues that should be put on the record such as open space design.

Councilman McPherson stated that you cannot establish home rule to exclude condo status but you may be able to pass a local law that sets the size for the condo status.

Cesar Banach 8500 Roll Road
The applicant has submitted a detailed plan for construction of a 75 x 200 square foot professional office building to the front of the property, demolish the existing warehouse and construct a larger warehouse to the rear of the property. The applicant has indicated that he will be able to tie into Sewer District #5. The proposed site is located on the northwest corner of the intersection of Roll Road and Harris Hill Road.

Supervisor Kathleen Hallock

On December 8, 2005 @ 9:00 A.M. the Town Board has a special meeting with Peanut Line Sewage Works Corporation. Following that meeting Supervisor Hallock has requested the Board continue on and discuss 2006 Organizational items. Karen Jurek is putting packets together showing the changes that were made in 2005.

There is an opening on the Ethics Board; applications will be accepted until December 16, 2005.

Supervisor Hallock announced that she would be gone on Friday, November 18 as part of the Community Development Block Grant project selection committee. Town Engineer Latona and Assistant Director of Community Development James Hartz are meeting with the committee that is reviewing the Town’s application.

Supervisor Hallock spoke with Bob Kilduff at Erie County and he has informed her that he has processed a number of applications for the no interest loans to hook up sewers in the Hollow.

The computers and equipment that were declared surplus are all disposed of. Eight computers were sold and all the rest of the equipment was donated to Autistic Services, Inc.

Supervisor Hallock will announce two appointments for Animal Control positions.

Supervisor Hallock will make a transfer of funds.

Norm Castine has requested a meeting with the Town Board relative to his 4-lot open development project on Goodrich Road between Martin and Lapp Road. Councilman Bylewski said that Mr. Castine is not happy with what he is being told by the Planning Board. If he wants an open development, he can go ahead through the planning process, which is what Deputy Town Attorney David Donohue told him. However, if he wants a subdivision, he will have to come back to the Town Board, it is up to him as to what he wants to do.

Supervisor Hallock has one item to discuss in Executive Session.

Councilman Ian McPherson

Councilman McPherson will correct the minutes of October 12, 2005 regarding a motion made in Executive Session. The action taken was to suspend Tom Scott with pay indefinitely, that was not reported in the minutes.

Councilman McPherson researched the Clarence Middle School sewer hookup situation. After speaking with everyone involved, there is no interest on the part of the Corporation in charging the school to hook up. They are free to connect to the sewer line as long as there is capacity, which is the way it has been done since day one. Councilman McPherson suspects that is probably the reason why it was not worded in the exact contract is because the capacity issue was not then and still is not settled in terms of what the Amherst pipe yields.

Councilman McPherson met with the school and a representative from the corporation and they are in perfect accord and willing to sign a mutual agreement. The corporation’s position is that they have no objections to the school hooking up as long as the terms of their contract with the Town of Clarence/Heise-Brookhaven are met. The school is also an advocate of capacity. They have the high school and that gets us into the County report that wants to consolidate the high school, BDT Plant and use Spaulding Lake treatment plant as a pump station. When and if that ever occurs, the school is interested in hooking up as many of their properties as possible. As far as the Middle School, there is no problem as long as there is capacity.

Town Attorney Bengart asked if the Corporation is giving up an equivalent of 100 +/- taps. Councilman McPherson said they would not, as long as there is capacity to plug in the school and as long as the terms of the Heise-Brookhaven Sewage Works Corporation are met which gives them 1000 taps.

Town Attorney Bengart asked what would happen if the corporation gave the school the 100 taps and the capacity left is only 900 taps. What would the corporation do if they have already hooked up the school? Councilman McPherson stated that the Town would have to build a parallel sewer, the Town will have to build it anyway if one of any of these projects or if any of the current Master Sewer Plan expansion is done. The Town has little or no risk unless we refuse to put in the parallel sewer. The Town will not pay for the parallel sewer, the only thing the Town is saying and has ever said is if that parallel sewer is put in, the Town retains full and complete control over what happens on the east side of Transit Road.

Town Engineer Latona questioned whether the agreement between the Town and the Corporation indicates that the Town agrees to give the Corporation 1000 taps. If the 1000 taps are not available because of capacity then the contract has been broken and is the Town then liable to install the sewers? Town Attorney Bengart stated that was a concern of his as well. Councilman McPherson said that logic would dictate, if you look at the Master Sewer Plan and look at all the demands on sewers from Sewer District #5, the parallel sewer is an inevitability. The important thing to remember and the DEC will support this, is that the Town of Clarence would retain complete control over everything that takes place on the east side of Transit Road depending on who builds the sewer.

Councilman Scott Bylewski

Councilman Bylewski has a resolution regarding All-Hazard Mitigation Plan for the Town of Clarence.

Councilman Bylewski will announce that there are four openings for the Youth Center Board of Directors positions. The last day to submit applications in November 26, 2005.

Councilman Bylewski has received information regarding a Local Law dealing with Municipal Theme Districts. This may be done in combination with our Historic Preservation Law.

Councilman Bylewski has a Resolution authorizing the Supervisor to sign a contract with Clinton Brown Architecture PC for the Reconnaissance Survey of Historic Resources in the Town of Clarence.

Roy McCready has submitted his letter of resignation from the Planning Board effective the end of his present term.

A Community Service meeting is scheduled for November 28, 2005.

Today was the last day to submit applications to fill Marjorie Chase position on the Senior Center Board.

Councilman Bylewski questioned whether Town Attorney Bengart has received any correspondence from the DEC relative to having another engineering firm involved with the mitigation regarding Gary Wright. Town Attorney Bengart stated that the only correspondence he has received is a letter from the DEC stating that the Town has a contract and should enforce their own contract.

Councilman Joseph Weiss

Highway Superintendent Ted Donner is requesting a bid date be set for November 30, 2005 for the purchase of One Rubber-Tired Articulate 4-Wheel Drive Loader.

Town Engineer Latona stated that there were five bidders for the Standby Power Generator for the Building/Engineering/Highway Departments and the fuel depot. The low bidder came in at $107,700. Mr. Latona has asked the consultant to work with the low bidder to see if we could cut some money out of that, which he has. We will award it at the bid price and then do Change Order #1 which is a deduction of $17,800. for a net award of $89,900. which is lower than budgeted.

Councilman Weiss has a resolution authorizing payment of the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within Boncrest West Subdivision.

Councilman Bernie Kolber

Senior Center Board member Art Dobson has decided he does not want to be reappointed to the Senior Center Board. His term expires 12/31/05. The Senior Center Board is looking for an attorney to fill his position.

Roy McCready is a member of the Landscape Committee; Councilman Kolber asked if that position would have to be filled as well. Councilman Bylewski stated that we are looking into a possible amendment to the way our Landscape Law is presently written. As it stands now, the Landscape Committee consists of two members of the Planning Board and one member of the Conservation Advisory Committee. There is thought of making it more inclusive by having a professional, a member of the Planning Board and a member of the Conservation Advisory Committee to make sure we have the experience and/or educational background.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the employment history of a particular person, § 105 (1) D pending litigation regarding the Town Hall pond and § 105 (1) H proposed sale of real property regarding Green Valley. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:25 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Weiss to adjourn the Executive Session at 7:45 P.M. 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 16, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:45 P.M. Councilman Ian McPherson led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held October 12, 2005. On the question, Councilman McPherson had a correction to the Executive Session as follows: Motion By Councilman Ian McPherson seconded by Councilman Joseph Weiss that the Clarence Town Board has decided to suspend a particular person with pay, immediately, pending further investigation and review. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Abstain: Supervisor Hallock and Councilman Kolber. (They were not present.) Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held October 26, 2006. On the question, Supervisor Hallock had a correction on page 229 stating that the moratorium will expire November 28, 2005, should be October 28, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve a transfer in the General Fund of $5,000 from account A 1620.251 Equipment to A 1440.434 Professional Services. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Kasprzak & Klotzbach Architects to conduct an architectural evaluation of the Clarence Youth Center in accordance with their proposal dated October 27, 2005 in an amount not to exceed $5,000 to be paid from account A 1440.434 Professional Services. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the Town Board passed two motions since the last regular meeting. Their practice is to announce any motions that were made at special meetings. They are as follows:
          November 9, 2005 Work Session – Anne Cimato and William Hoffmeister were appointed Dog Control Officers PT.
          November 14, 2005 Special Joint Meeting with the Youth Center Board - A motion was passed that the Town of Clarence takes over the running of the Youth Center effective January 1, 2006. On the question, after January 1, 2006, the Youth Center will be open on Friday and Saturday pending the Engineering Department and Health Department reports. The Youth Center will be staffed by the Recreation Department in conjunction with the Youth Department. It is hoped that the Youth Center Board will still pursue 501 C3 fund raising status for youth services. It is also hoped that the Youth Center Board will be part of the Youth Advisory Counsel.
          Supervisor Hallock said this was part of the motion that was passed. She added that the current employees can certainly apply for any open positions in the Town and that the intention is not to shut down the Youth Center but to study the viability of the building.

Supervisor Hallock said the Organizational Meeting will be held in January and quite often there are openings on committees. If anyone is interested in serving on a committee, they should submit an application to the Supervisor’s office.
          The Town is accepting applications for an opening on the Ethics Board through December 16th. The term is for 5 years ending December 31, 2010. The applicant cannot be a registered Republican according to State Law. There must be a mix of registrations.

Supervisor Hallock announced that item 19 is removed from the agenda because conditions of the motion made on October 26, 2005 were not met.
          Councilman McPherson said in regard to the motion on the Youth Center, the Open Meetings Law requires that the determination of the action and the vote thereon must be provided. It was not a unanimous vote. Supervisor Hallock said Councilman Weiss, Councilman Bylewski and Supervisor Hallock voted in favor, Councilman McPherson not in favor and Councilman Kolber was absent. Councilman Bylewski added that minutes will be made available.

Councilman McPherson recognized Rosanne Driscoll who is present representing the Chamber of Commerce.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Town of Clarence, with the assistance from the Erie County Department of Emergency Services, gathered information and prepared the All Hazard Mitigation Plan; and
          WHEREAS, the All Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and
          WHEREAS, the Town of Clarence is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and
          WHEREAS, the Clarence Town Board has reviewed the Plan and affirms that the Plan will be updated no less than every five years.
          NOW THEREFORE, BE IT
          RESOLVED, by the Clarence Town Board that the Town of Clarence adopts the All Hazard Mitigation Plan as this jurisdiction’s All Hazard Mitigation Plan, and resolves to execute the actions in the Plan; and be it further
          RESOLVED, that a copy of this resolution be sent to Dean Messing, Deputy Commissioner of County of Erie Disaster Preparedness and David Bissonette, Town of Clarence Natural Disaster Services Coordinator.
          On the question, Councilman Bylewski said this is an affirmation of our existing plan. Various changes in members of the Board and community have occurred as to what would happen and how we would be reacting.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there are still four openings on the Youth Center Board of Directors. Applications will be accepted through November 26th.

Councilman Bylewski announced that there will be a community service organizations meeting held Monday, November 28, 2005 from 7 – 9 pm at the Town Hall. Gretchen Stringer will discuss recruiting and retaining volunteers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to authorize the Supervisor to sign and where required, initial, the contract between Clinton Brown Company Architecture, PC and the Town of Clarence for the Reconnaissance Survey of Historic Resources in the Town of Clarence. The Town Attorney has reviewed the contract and approves of same as to form with the agreed upon changes and addendums. On the question, Councilman Bylewski said this is being done in conjunction with our Historic Preservation Committee. As the local law is being prepared, we need to survey the historic properties in the Town. Councilman Weiss said he will be abstaining as he has had business relations with this company. Upon roll call – Ayes: Councilmembers Kolber, Bylewski, McPherson and Supervisor Hallock; Noes: None. Abstain: Councilman Weiss. Motion carried.

Councilman Bylewski announced that Roy McCready a longstanding member of the Planning Board does not wish to be reappointed after his term expires this year. He has been an active member for 18 years and feels it is time to step down. Councilman Bylewski wished him the best in future endeavors and we hope he will remain on the Landscape Committee.

Motion by Councilman Weiss, seconded by Councilman Bylewski to agree to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within the Boncrest West Subdivision. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to award the bid for the Emergency Standby Generator Installation at the Highway Department, Building and Engineering Department and Fuel Depot to Goodwin Electric, Corp., they being the lowest responsible bidder in the amount of $107,700 with the following modifications per Change Order No. 1, dated November 15, 2005, in the amount of a deduction of $17,800. The total net award to Goodwin Electric, Corp. is $89,900. On the question, Councilman Weiss said this is the result of our Engineering Department working down the bid with the vendor. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to set a Bid Date of November 30, 2005 at 10:00 am for the purchase of a new highlift for the Highway Department. Bid Specifications will be available at the Highway Department and the Town Clerk’s office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss thanked all of the people involved with the Ramsey House, especially Elaine Wolfe.

Councilman Weiss congratulated Councilman Bylewski and Mr. Casilio on the election and also Mr. Pazda and Mr. Cardillo for being involved in the political process.

Councilman Kolber also thanked everyone who worked to save the house on Main Street. It is a vital part of our historic Clarence Hollow.

Councilman Kolber said his appointment to the Senior Center Board, Arthur Dobson, has stated that he does not want to be reappointed. We will have one opening and they said it would be great to fill it with another attorney. Mr. Dobson was an asset to that Board.

Public Participation

Debbie Popp asked when the Board expected item 19 to come back on the agenda? Supervisor Hallock said on October 26th they requested that they return with a site plan to see how the project would affect the mobile home park. We will not entertain it until that document is received. Mrs. Popp asked if it would go back to the Planning Board? Councilman Bylewski said it has not gone to the Planning Board yet.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for an automotive repair business at 8574 Sheridan Drive. James Callahan said the location is the north side of Sheridan Drive, east of Harris Hill Road in the Musso Plumbing building. The business started out as a fleet repair for the plumbing business.
          Supervisor Hallock said she understands that at some point the nature of the repair shop changed. The applicant said his original intent was to do service for the plumbing business, but he needed to add to the workflow. Councilman McPherson asked him if he was aware that he needed a permit to expand the business? The applicant said he did not, but was made aware by a notification by the Zoning Department.
          The applicant said he has a quick turnaround, but can store 4 vehicles in the facility. He deals with about 10 vehicles on an average day. Garbage is disposed of daily.
          Councilman Kolber was concerned with setting precedence for anyone to operate in a Restricted Business Zone. James Callahan said the Town Board approves Temporary Conditional Permits on an individual basis.
          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.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant a Temporary Conditional Permit for an automotive repair business at 8574 Sheridan Drive for the period of one year, limit of 10 vehicles with stripping for parking spaces and no sales or display of vehicles. On the question, Councilman McPherson said it should be clear that this business is not the only one on the property. There are other cars parked near the front of the building for the other business. Upon roll call – Ayes: All; Noes: None. Motion carried.

Carol Shams requests a Change-In-Use from vacant to Health Care Center and Coffee Shop at 10928 Main Street. Mr. and Mrs. Shams said they purchased the former Yankee Peddler building about 6 years ago. They are proposing a coffee shop for one side and a holistic health center on the other. There is plenty of parking on the site.
          James Callahan added that the parking meets the requirements. The Community Character Protection Committee has reviewed the project and their only comment was that the Landscape Committee review any landscape plans.
          Motion by Councilman McPherson, seconded by Councilman Bylewski to grant a Change-In-Use from vacant to Health Care Center and Coffee Shop at 10928 Main Street, with any landscape improvements to go through the Landscape Committee and subject to the Community Character Protection Committee’s advice and approvals. On the question, Councilman Bylewski added any necessary Health Department approvals for both uses. Upon roll call – Ayes: All; Noes: None. Motion carried.

Waterford Village Bank requests Architectural Review of previously approved bank at 8411 Main Street. James Callahan said the location is on the south side of Main Street, west of Harris Hill Road in the Traditional Neighborhood District. The project received full approval on June 8, 2005.
          Kathleen Flemming said they are requesting that at the back of the property, they be allowed to use Alucobond on the drive-thru. They feel it is a superior product. She brought in samples the material. It has a matte finish to soften the look. It would not be visible from Main Street.
          Councilman Bylewski said visibility from the street is discussed in other zones within the Zoning Code, but not in the Traditional Neighborhood District. In his mind it means that it is all inclusive in the TND. He believes that metal paneling could be used if it did not look like metal paneling.
          Kathleen Flemming said they would be willing to put a double coat of the matte finish on the panels.
          Councilman Weiss said it is not reflective with the finish and almost looks like grey paint.
          Motion by Councilman McPherson, seconded by Supervisor Hallock to amend the Architectural Approval for the bank at 8411 Main Street to include Alucobond with two coats of the muted paint per the sample submitted. On the question, Councilman Bylewski said based on the sample provided, it will meet the characteristics we are looking for. Upon roll call – Ayes: All; Noes: None. Motion carried.

Charles Kelkenberg, Pinecrest Homes and Bill Burkard are requesting approval of a proposed subdivision along the existing public roads in the Agricultural Rural Residential Zone at 7054 – 7068 Salt Road and 10500 – 10520 Miland Road. James Callahan said the location is the west/south side of Salt Road and the west side of Miland Road. During the moratorium a minor subdivision was approved for four lots. Any further splits were on hold until the moratorium was lifted. There are several splits here that have an insufficient amount of frontage under the current Zoning Law. The splits have already occurred beyond the original four.
          Sean Hopkins was present representing Pinecrest Homes. His client believed he did the right thing and sought Erie County Health approval relative to the septic. He received letters in March 2004 for each of the lots indicating that because Salt Road bisected the parcel, they did not look at it as a single parcel. He does not believe that even though it is one tax id number, it should be considered as one with a public road running through the middle of it.
          Councilman Bylewski said the Minor Subdivision Law was in place at the end of 2003. James Callahan said the previous Subdivision Law in place since the 1960’s allowed up to four splits. It was modified in 2003 to include the Minor Subdivision Review Committee to get a handle on the splits that were occurring. The law very clearly stated one tax id number and up to four lots.
          Town Attorney Steven Bengart said there were actually five splits of the property on the other side of the road.
          Sean Hopkins asked that consideration be given to the fact that the lots were created 1 ˝ years ago. He also asked if they would be considered a major or minor subdivision?
          James Callahan said under the new law, everything will be approved by the Town Board whether it is major or minor.
          Supervisor Hallock said the Town Board determined that they cannot approve a subdivision of lots in its entirety if there are lots that do not meet the Zoning Code. Lots 2 and 4 do conform and would be the only ones that could be approved.
          Charlie Kelkenberg said his problem is that the splits have been going on for years and more or less regulated by the County Health Department. It did not matter how many splits there were, you could only sell four lots every three years. Property has been bought and sold under those circumstances.
          Supervisor Hallock asked if he was aware of the proposed changes? Mr. Kelkenberg said they were done before that. Sean Hopkins said the Health Department approval was received in early 2004. Councilman Bylewski said the moratorium went into effect in April 2004.
          Councilman Kolber said we cannot regulate the sale of land or approve nonconforming lots.
          Sean Hopkins said the only alternative is to have this reviewed as a minor subdivision. They would have to go to the Board of Appeals for the lots that do not conform with the law as it is today. These are all frontage lots. James Callahan said what we have is beyond a minor subdivision, but the Town Board has the authority to reduce the requirements in terms of reviewing road frontage lots. Councilman McPherson asked if the Board would identify this as major or minor at this point? James Callahan said if they identified it, they would know that details required for a major subdivision would not be required here.
          Councilman McPherson said we are talking about conforming lots along the frontage, which the Board could wave requirements to consider this minor. They would have to go through the appeal process for the nonconforming lots.
          James Callahan said there is a provision in the Zoning Law for the Town Board to wave the strict requirements of a major subdivision if they feel it is necessary. Councilman Bylewski asked where it is stated? James Callahan said it is in the Enforcement Procedures Section 6 d. Variances and does require a supermajority vote of the Town Board.
          Councilman Kolber said he feels it is a self-imposed hardship. Sean Hopkins said they would like the opportunity to go to the Board of Appeals. Councilman Kolber said that is always available. James Callahan added that it was always the intent that frontage lots would not require detailed engineering.
          Motion by Councilman McPherson, seconded by Supervisor Hallock to grant a variance to the strict application law to allow frontage splits for the proposed subdivision of item 15. On the question, Councilman Bylewski said we are only dealing with this as a potential variance because of the road frontage lots and the unusual nature of the overall project with Salt Road running down the middle of the parent parcel. Councilman McPherson asked if we are varying anything? James Callahan said they are varying the strict application of the requirement of a subdivision. Councilman Bylewski said the variance is to allow it to proceed under a minor subdivision process. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman McPherson to approve subdivision lots 2 and 4 at 7054 and 7068 Salt Road and deny the remaining lots 3, 5, 6 and 7 at 7060 Salt Road, 10500 Miland Road, 10520 Miland Road and SBL 31.00-2-35 as they do not comply with the Zoning Law. Upon roll call – Ayes: All; Noes: None. Motion carried.

Charles Kelkenberg requests approval of a proposed subdivision from the parent parcel located on the north side of Croop Road, west of Salt Road in the Agricultural Rural Residential Zone at 10680-10716 Croop Road. James Callahan said three splits were approved by a minor subdivision review including lots 1, 3 and 4. Lot 5 meets the minimum requirements and lots 2 and 6 do not. It is beyond the four lots of a minor subdivision. Councilman Bylewski said we want to discourage more curb cuts, however, in this case you are filling in between existing homes.
          Motion by Councilman McPherson, seconded by Supervisor Hallock to relax the major subdivision requirements for items contained in item 16 because they are frontage lots. It is a variance to the strict application form of the Subdivision Law. On the question, Town Attorney Steven Bengart said he would like to know when these splits took place and if this is similar situation. James Callahan said it was done about one year ago. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman McPherson to approve lot 5 at 10690 Croop Road and deny lots 2 and 6 at 10716 and 10680 Croop Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Michael and Barbara Scott request a 4-Lot Subdivision along Salt Road in the Agricultural Rural Residential Zone at 5750 Salt Road. James Callahan said the proposed splits are in conformance with the Zoning Law.
          Peter Jason, attorney representing the applicants said the lots are all on frontage.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the 4-Lot Subdivision along Salt Road in the Agricultural Rural Residential Zone at 5750 Salt Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Darlene Hartwig requests a 2-Lot Minor Subdivision in the Agricultural Rural Residential Zone north of 6201 Kraus Road. James Callahan said the location is north of Memorial Park. The proposal is in conformance with the Zoning Law. Per the Subdivision Law, it has been referred to the Engineering Department, Assessor, Planning and Zoning and the Town Attorney for review. No comments were received.
          Darlene and Carl Hartwig said they would like to sell two 2 ˝ acre parcels of vacant land.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval for a 2-Lot Minor Subdivision in the Agricultural Rural Residential Zone north of 6201 Kraus Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Item 19 Walgreens Drug Store was removed from the agenda because conditions set at previous meeting were not met.

William Lasota was present to discuss traffic on Wolcott Road. Mr. Lasota said due to the detour from Tonawanda Creek Road, traffic has increased on Wolcott Road. The speed limit is 40 mph and they are traveling 50 – 60 mph. He proposed a stop sign be placed at every intersection to try and slow the traffic down.
          Councilman McPherson said we were successful in having the speed limit reduced about 7 years ago. The Manual for Uniform Traffic Control Devices strictly prohibits the use of stop signs to control speed. We have referred this to the Traffic Safety Board and the County Traffic Engineer and because it is in a straight, flat area, there is no need for additional traffic control measures. It is the law we must follow. The issue is controlling speeding. Even if we wanted to do it, we could not because it is a County road. Speeding is a problem all over.
          Councilman Bylewski said we could refer his suggestion to the County.
          Councilman Kolber said they do have a speed unit that they can place that tells you how fast you are going.
          Councilman McPherson said all requests such as this are referred to our Traffic Safety Board, the Sheriff’s Department and the New York State Police. We will do that with this request also.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the request by Jim Ramsey for a determination under the State Environmental Quality Review Act in order to proceed with a Demolition Permit for 10748 Main Street pending a request to be placed on the agenda by the applicant. On the question, Supervisor Hallock thanked everyone who participated in trying to save this house. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications – A. Clarence HS Cross Country – Nov. 21, 2005; B. Clarence HS Indoor Track – March 7, 2006; C. Girl Scout Troop #148 – Jan. 19, Feb. 16, Mar. 23, Apr. 27 & May 18, 2006; and Legion Hall Applications – A. Cub Scout Pack 563 – Nov. 16, & Dec. 14, 2005 and Jan. 11, Feb. 15 & Mar. 15, 2006; B. Tom Bassanello – Nov. 19, 2005; C. Cub Scout Pack 27, Den 4 – Dec. 7, 2005; D. Charles Matteson – Dec. 17, 2005; E. Lucille Ess – Dec. 18, 2005; F. Kate Buchbinder – Dec. 30, 2005; and G. Tina Battaglia – Mar. 19, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of November 17, 2005 are approved for payment: General Fund - $83,160.65; Highway Fund - $6,503.08; Water District - $53,313.64; Sewer Districts - $147.06; Capital Fund - $7,201.28; and Trust and Agency 203 - $18,675.00 for a total amount of $169,000.71. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Peter Wolfe said in regard to item 17, we wanted to look at that piece for greenspace at one time. It has been split twice already and now four more times. He asked if there are subdivision problems with that? James Callahan said the Town Board proceeds forward with the new Subdivision Law. Councilman Byelwski said they were already lots of record when the new law was adopted.
          James Callahan said the old subdivision law required Town Board approval beyond four, whether it was enforced or not. The new Subdivision Law requires Town Board approval of all splits.
          Pat Powers, Circle Court said Clarence was on the NBC Nightly News tonight. It featured a story on Captain Jon Powers and his work in Iraq. The camera shot was of the Clarence Hollow area.

Councilman Bylewski thanked everyone for getting out to vote, especially those who voted him back into office. He looks forward to working with the new Board on January 1st.

Elaine Wolfe thanked everyone for their help with what she calls the “yellow house”. They got a 6-month deal with Mr. Ramsey. It may require the community to step forward once again depending on if the Historical Society wants to purchase the house. The other option is for someone to buy it. She thanked the Town Board, Clarence Hollow Association and Joe David who put together the document.

Supervisor Hallock congratulated the newly elected officials and looks forward to productive times.

There being no further business, Supervisor Hallock adjourned the meeting at 9:20 P.M., at Councilman McPherson’s request, in memory of Jeff Kozlin a longtime resident of Clarence who passed away this week.

Nancy C. Metzger
Town Clerk