12/05/07


A Work Session of the Clarence Town Board was held on December 5, 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 Development - James Callahan

Agenda items:

  • Essex Homes/Shadow Woods north of 6440 Goodrich Road
    Applicant is proposing an Open Space design subdivision with a maximum density of 64 lots. The proposed site is located on the west side of Goodrich Road, north of Pine Breeze Subdivision on existing vacant land consisting of 69+/- acres in the Residential Single-Family Zone. The Planning Board has forwarded a recommendation on the density with a maximum of 54 lots in Phase I and a maximum of 10 lots in Phase II. The Planning Board has forwarded their recommendation with conditions.
  • Benderson Development 5965 Transit Road
    Applicant is proposing a mixed use commercial building with associated parking. The proposed site is located on the east side of Transit Road, south of Clarence Center Road on vacant land consisting of 3.08+/- acres in the Major Arterial Zone. The Planning Board has forwarded a recommendation on the development plans with conditions. Engineering and Landscape approvals are on file.
  • Roger Czarnecki - Willow Lake Drive
    Applicant is seeking approval for creating a total of 7 residential building lots on the 12 acre site. The proposed site is located on the north end of Willow Lake Drive between Thompson Road and Old Goodrich Road. The existing vacant land formerly proposed for a major subdivision. The applicant has split two residential building lots off the Thompson Road frontage. The Town Board may consider the splits as proposed. The proposed splits do not create any new public infrastructure and reduce the potential number of lots as previously submitted by the applicant. The proposed project meets all subdivision requirements.
  • West-Herr Automotive Group - Eastern Hills Mall 4545 Transit Road
    Applicant is seeking approval to extend the existing Temporary Conditional Permit through 2008 to allow vehicle storage in the Eastern Hills Mall parking lot. Upon review of the minutes, it was discovered that the applicant never received approval for a Temporary Conditional Permit for 2007. A Public Hearing was held on September 26, 2007 but the applicant was not present so the request was tabled and was never put back on the agenda. A Public Hearing will be necessary to consider the request by West Herr Automotive for continued automotive storage at Eastern Hills Mall through 2008.
  • Pony's Restaurant 9980 Main Street
    Applicant is proposing to expand existing use to include a bar and grill. The existing restaurant is located on the north side of Main Street, east of Kraus Road on .82+/- acres in the Commercial Zone. Parking remains as existing and is sufficient for a restaurant use.
  • Gallagher Printing 9185 Main Street
    Applicant is proposing a small addition to the rear of the existing structure. The proposed site is located on the south side of Main Street, west of Thompson Road intersection on 3.6+/- acres in the Commercial Zone. Commercial Open Space fees apply.

Work Session items:

  • Stephen Development 10069 Main Street
    Applicant is proposing a façade renovation to the existing structure. The proposed site is located on the south side of Main Street, east of Rockland Avenue entrance to Rock Oak Estates. The existing commercial building is located on 1.4+/- acres in the Commercial Zone. Architectural style will set the standard for development of the adjoining parcel, owned by the applicant.
  • Joe Frey 9992 Main Street
    Applicant is proposing to develop additional retail space on the campus. The proposed site is located on the north side of Main Street, east of Kraus Road. The existing furniture store and storage facility is located on 9+ acres in the Commercial Zone. Areas of concern include the size of the facility, parking and fire advisory comments. The applicant had previously received concept approval on an alternative design. The new design is substantially different from previous submittals.
  • Doodle Bugs/Office Complex 8574 Sheridan Drive
    Applicant is proposing a new day care facility and office complex. The proposed site is located on the north side of Sheridan Drive, east of Harris Hill Road on existing vacant land consisting of 6.83+/- acres in the Restricted Business Zone.
  • Waterford Development
    Applicant is requesting final plat approval for the phases that were previously approved - Wexford Manor Phase III and Galway Terrace.

Pending future formal agenda items:

  • Roll Industrial Business Park/Buffalo Filter north of 8526 Roll Road
    Requests Development Plan and architectural approval for an Industrial Business Park with initial park occupant.
  • Staybridge Suites Hotel 8005 Sheridan Drive
    Requests Development Plan and architectural approval for a new hotel.
  • Dunkin Donuts 9430 Main Street
    Requests Development Plan and architectural approval for a new coffee shop.
  • Benderson Development 9289 & 9465 Main Street
    Requests Clearing Permit.

Supervisor Kathleen Hallock

The employee Christmas luncheon is scheduled for Tuesday, December 18th in the Town Hall foyer - contributions are being accepted.

Copies of the Capital Improvement Program for 2007 were distributed. The committee realizes that there are already projects that should be included - the CIP Committee will address this at their first 2008 meeting. Supervisor Hallock stated that this is an ever changing document and asked that attention be given to the different schedules and priority designations.

Supervisor Hallock spoke briefly about the Bicentennial ads and encouraged everyone to take one, applications were distributed.

A Ledge Lane resident submitted a letter regarding the proposed Staybridge Hotel.

Supervisor Hallock will make a motion for transfer of funds.

Elaine Wolfe is requesting storage space for 10,000 booklets for the Hollow Association in conjunction with the Chamber of Commerce. Supervisor Hallock suggested storage at the town owned property at 4650 Thompson Road however a hold harmless agreement, an indemnification agreement and proof of insurance would be required. Elaine Wolfe did not feel that would be a problem as most of the material would be distributed within three months. The Town Board would consider this request based upon receipt of the aforementioned agreements and proof of insurance.

The Northern Erie Sno-Seekers Snowmobile Club would like to request permission to use the bike path at Main Street and Salt Road to gain access to the Town Park for Winterfest in February 2008. They would be willing to mark the tail so that no sleds would damage the parking lot on Main Street or do anything that the Town requires pertaining to the bridge over Ransom Road.

Also, they are requesting the use of the bike path (West Shore Line) for the entire season. They will take full responsibility to mark the trail with barrels to keep the sleds off the blacktop as they do on the other bike paths they currently use.

Town Engineer Latona has concerns with plowing snow or anything that falls off the bridge onto Ransom Road. He would agree to one day for Winterfest but not for the entire season. If there is a substantial amount of snow, they will have to drive over it. No snow plowing will be allowed. Supervisor Hallock will inform John Gaulocher that the Board agreed to allow use of the bridge for Winterfest - Parks Security will unlock the gates at each end. Councilman Casilio stated that the Parks Department was going to install rubber mats on the bridge so the concrete would not be torn up. Town Engineer Latona stated that he and Parks Crew Chief John Burns could walk the path (West Shore Line) west to Wehrle to see if it is wide enough for the sleds to ride off the path.

Supervisor Hallock has two corrections to the minutes.

Last week Councilman Kolber announced the appointment of the new Town Assessor Christine Fusco. The Town Board also approved compensation for Albert Weber for his service as interim assessor.

A meeting is scheduled for December 12th @ 4PM to discuss the organizational meeting.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski received the Central Fire Alarm Operations Report for November 2007.

The Board received a memo from the Historic Preservation Committee; their concern is that designation is done properly. Pat Brace is interested in having her house designated however; there is a requirement in the Historic Preservation Law indicating notice of a proposed designation shall be pursuant to the Town Board notification policy which would indicate 500' surrounding the property. Councilman Bylewski is proposing to set a public hearing that would occur at the next Historic Preservation meeting for them to consider a recommendation to the Town Board. The neighbors would receive notification of the public hearing.

Councilman Bylewski will make a motion recommending the appointment of Brad Packert to the position of Planner provisionally, effective January 7, 2008.

Councilman Bylewski copied the Board on the communication from the Department of State regarding the Adequate Public Facilities Law. He has been trying to get the school and the NYS DOT on board. Councilman Bylewski spoke with the NYS DOT and they were to get in touch with Town Engineer Latona to schedule a meeting to discuss level of service on state roads in the Town. The Town has been trying to get the school to sign off on a Memorandum of Understanding but they have reservations about doing so. An attorney from the Department of State has indicated that the school provides most of the required information through the SEQR process but Councilman Bylewski is of the opinion that this is not enough. He would like the Memorandum of Understanding because he would like the school to be a partner with the Town in the Adequate Public Facilities realm. Councilman Bylewski will report back to the Department of State that the consensus of the Town Board is that they would like a Memorandum of Understanding from the school.

Councilman Bylewski reported that a number of applications have been submitted for the upcoming vacancy on the Town Board.

Councilman Joseph Weiss

Councilman Weiss will set a bid date of December 20, 2007 for bids to be received for the South Bend stainless steel, commercial six burner stove/range with griddle with an approximate value of $400 declared as surplus equipment no longer needed for Town purposes.

Councilman Weiss announced that Michelle Mazzone has resigned her position as Economic Development Officer for the Industrial Development Agency. She has been appointed by newly elected County Executive Chris Collins.

Councilman Bernard Kolber

Councilman Kolber asked Town Engineer Latona about installing the surplus generator at the Library. Town Engineer Latona stated that in an emergency situation, the Library will not be open. A generator is not needed to keep the library open; the building needs heat to keep from freezing. The Parks Department is suggesting inverters that can be charged rather than a generator. This will keep the building heated in an emergency at a fraction of the cost of a generator.

Councilman Patrick Casilio

The Clarence Hollow Association is hosting their Christmas party at the Clubhouse on December 6th.

Councilman Casilio will make a motion authorizing the Supervisor to sign an agreement with NYSEG regarding a backup generator for the Senior Center.

Karen Jurek is suggesting changing our cell phone carrier to Verizon. The plan is approximately the same price as we are paying now, free Verizon to Verizon, we will not have two-way talk any more but you will have mobile to mobile which is basically the same. Verizon will replace the phones every ten months (State Contract). The repair shop is located at Wehrle Drive and Transit Road. Dave Metzger and Jerry Schuler tested them around town for a couple of days and were satisfied with the coverage. The cost is $69.99 and we will receive two free phones that will be used by the Planning Department and Disaster Coordinator. Text messaging and web use will be blocked.

Councilman Casilio is waiting to hear from Mr. Russo regarding an update on street lights for Clarence Center.

Councilman Casilio will make a motion to appoint Thomas Fulton as Security Officer part-time at the budgeted rate of pay. This position could be used primarily in the court office.

The Senior Center Board has submitted a letter regarding an appointment to the board.

The security radios have been tested and an agreement as been reached as to the frequency and a radio with FM Communications.

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 the employment history of an individual(s) and one attorney-client item. Upon roll call - Ayes: All; Noes: None. Motion carried.

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

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:00 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

Councilman Casilio requested the Town Board go back into Executive Session to discuss an item he previously overlooked.

Motion by Councilman Casilio, seconded by Supervisor Hallock to enter into Executive Session pursuant to § 105(1) F to discuss the employment history of an individual. Upon roll call - Ayes: All; Noes: None. Motion carried

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:05 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, December 5, 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 Scott Bylewski, 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 Casilio to approve the minutes of the previous meeting held November 28, 2007. On the question, Councilman Casilio had a correction on page 430 - Mr. Bengart said there is no contract as yet. Supervisor Hallock had the following corrections on page 429 - the Public Hearing for a proposed group home is at 8161 Clarence Center Road. The term of Frank Cirillo as a member of the Assessment Review Board will expire 9/30/2012. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfer in the General Fund: $500 from A 1220.270 Expense and Travel to A 1220.416 Gas, Oil and Maintenance. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the Town of Clarence will celebrate the arrival of the Bicentennial year with fireworks on New Years Eve at Town Place Park at 6:00 P.M.
          There is also an effort being made to have the fire companies' sound their sirens and the churches ring their bells at midnight to ring in the Bicentennial year.
          The committee hopes the fireworks will allow families and individuals to begin their New Year celebration in a festive manner. There will be parking in the park with parks security to assist with parking and fire police assisting on the roads after the fireworks.

Supervisor Hallock said it is their practice to announce any motions that were made at special meetings. The following motions were made at the November 8th meeting:
          - Christine Fusco was appointed as Assessor for the Town.
          - A motion was passed to approve $2,000 in two payments to Albert Weber for his service as Acting Assessor.

Councilman Bylewski received the Central Fire Alarm November 2007 Operations Report. Town of Clarence fire companies responded to the following: 1 - Structure Fire; 1 Motor Vehicle Fire; 10 - Miscellaneous Fires; 1 - False Alarm; 97 EMS Calls; 17 - Motor Vehicle Accidents; and 44 - Miscellaneous Calls for a total of 171 alarms.

Councilman Bylewski said at the last Historic Preservation Commission meeting they discussed the designation of the Brace home at 10897 Main Street as an historic landmark. The designation procedure requires a public hearing to be held by the Historic Preservation Commission.
          Motion by Councilman Bylewski, seconded by Councilman Casilio that a Public Hearing will be held by the Historic Preservation Commission on January 28, 2008 at 7:00 P.M. regarding the designation of 10897 Main Street as an historic landmark. On the question, Councilman Bylewski said notification will go out in accordance with the Historic Preservation Law. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Brad Packard to the position of Planner, provisionally, subject to a six month probationary period and Civil Service Exam, effective January 7, 2008 at an annual salary of $40,000. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to declare a South Bend, stainless steel, commercial six (6) burner stove/range with griddle having an approximate value of $400 as surplus equipment no longer needed for Town purposes and offer said surplus equipment for sale. On the question, Councilman Weiss said this was removed from the Senior Center and has been in storage. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a date of December 20, 2007 for bids to be received in the office of the Town Clerk by 10:00 A.M. for the South Bend, stainless steel, commercial six burner stove/range with griddle having an approximate value of $400 declared as surplus equipment no longer needed for Town purposes. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to authorize the Supervisor to sign a letter to the Town of Amherst Supervisor along with the Mayor of Williamsville and the Chairman of the ECSD No. 5 regarding Wastewater Service Costs. On the question, Town Engineer Joseph Latona said this letter is the result of a collaborative effort between Erie County Sewer District No. 5, the Town of Clarence and the Village of Williamsville in response to Supervisor Mohan's proposal for wastewater treatment costs. This is a unified opinion objecting to the proposed formula and a request to pursue one service provider and define the 20% savings that would result. Councilman Kolber said it also corrects any inaccuracies that were present in Mr. Mohan's letter. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that the Conservation Council meeting that is usually held on the first Thursday of the month will be held the following week. One of the plans for the coming year is to get Ransom Creek flowing better again. They will work with the Town of Newstead.

Motion by Councilman Casilio, seconded by Councilman Kolber to appoint Thomas James Fulton as Security Officer Part-Time at the budgeted rate of pay effective as of December 15, 2007 subject to the receipt of all the required documentation. On the question, Supervisor Hallock added that Mr. Fulton fulfills the requirements and has an extensive law enforcement background. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Kolber to recommend that the Town change the cell phone carrier from Sprint/Nextel to Verizon with the option to purchase up to 24 phones for approximately $1,328.81 and to authorize the Supervisor, Kathleen E. Hallock to sign the Agreement. Said agreement is on a month to month basis and the Town can opt out at any time. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to authorize the Supervisor, Kathleen E. Hallock, to sign an On-Site Generation Facility Agreement for Proposed Operation of - Town of Clarence Senior Center. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said we will still have two openings in the Security Department. Applications are available on the website.

Councilman Casilio announced that the Clarence Hollow Association is hosting their holiday party tomorrow night at the Clubhouse from 5 to 8:30 P.M.

Town Clerk Nancy Metzger received the minutes of the Erie County Water Authority meeting held November 30, 2007 amending the tariff. Water rates per 1,000 gallons increased from $2.81 to $2.86. There were also other rate increases including meter charges.

Essex Homes requests a Final Determination of Density on the proposed Open Space Design Development north of 6440 Goodrich Road known as Shadow Woods. James Callahan said the location is the west side of Goodrich Road, north of Pine Breeze consisting of approximately 69 acres zoned Residential Single Family.
          Sean Hopkins said this is the first step in the project. They will have to start the engineering of the whole subdivision. It will also require the environmental review process.

Motion by Councilman Bylewski, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, that the Clarence Town Board, per the request of the applicant, Essex Homes, has made a Final Determination of Density on the proposed Open Space Design development, Shadow Woods, located north of 6440 Goodrich Road subject to the following conditions:

1. A maximum of 54 lots in Phase l.

2. A maximum of 10 lots in Phase 2. These 10 lots would be subject to application, review and approval as to all issues, excluding this density determination.

3. The Open Space Design submitted be considered for adjustment in order to reduce or eliminate encroachment into the New York State wetland buffer area relative to lots numbered 13 through 16.

4. The proposed Conservation Easement be extended to lots 9 through 18 with property deed restrictions, subject to Town Attorney review and approval.

5. A Homeowner's Agreement expressly identifying what can and cannot be done in the Conservation Easement Area, subject to Town Attorney review and approval.

6. Subsequent prints will preserve the treed areas noted on the submitted preliminary concept plans.

7. Review and approval of the Homeowners Agreement and Conservation Easement by the Town Attorney.

On the question, Supervisor Hallock asked if they are aware and in agreement with the conditions.
          Sean Hopkins representing the applicant said they are. He suggested adding that the conservation easement be reviewed by the Town Attorney prior to submission.
          Councilman Kolber said this is the first of our open space design developments and hopefully a good start in the right direction.
          Councilman Bylewski added that this is the first step in the approval process.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Benderson Development requests Development Plan and Architectural Approval for a new commercial building at 5965 Transit Road. James Callahan said the location is the east side of Transit Road, south of Clarence Center Road consisting of 3+ acres in the Major Arterial Zone. A Negative Declaration was issued on the project. Concept approval was granted and the Planning Board forwarded a recommendation for approval.
          Brad Davidzik of Damon and Morey representing the applicant said they have followed and complied with the conditions of the Planning Board.
          Supervisor Hallock said she thought there was a condition about a sidewalk. James Callahan said there is to be no sidewalk to the Roseville neighborhood. If the site plan is approved as presented, it does not have to be a condition. There is not a sidewalk on the plan.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request of the applicant, Benderson Development, for Development Plan and Architectural Plan approval for the construction of a 15,254 sq ft. building for mixed commercial use and related parking subject to the following conditions:

1. Tree preservation as noted on the Final Landscape Plan dated November 14, 2007 and all areas not to be disturbed will be marked and taped prior to grading.

2. No disturbance in buffer areas and no connections to Roseville Lane.

3. Dumpster to be located at southeast corner of parking area as noted on Development Plans.

4. Lighting to be “dark sky" per submitted drawings and all parking area lighting to be turned off after close of business hours, but no later than 11:00 o'clock p.m.

5. Subject to conditions of Town Engineer.

6. Subject to approval of the Landscape Committee.

7. Subject to Commercial Open Space Fees.

On the question, Councilman Bylewski asked about possible tenants. Mr. Davidzik said he did not have any details on tenants at this time. There was discussion regarding the parking lot lighting. They have no problem coming back once they know who the tenant is.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Roger Czarnecki requests Subdivision Approval to create an additional building lot on Willow Lake Drive. James Callahan said the property is located at the end of Willow Lake Drive consisting of 5+ acres. The owner previously received approvals for four lot splits.
          Don Hoffman was present representing the owner.
          Councilman Bylewski asked if there was any intention of further splits.
          James Callahan said lots 1 - 4 were already approved. They can be sold in a four year period. They are asking for the fifth lot, which would leave frontage along Old Goodrich that could be split into two lots in the future.
          Councilman Bylewski asked if it would have a major subdivision issue. James Callahan said that would be up to the Town Board, but they are not creating any new infrastructure. They cannot develop more than four in three years.
          Councilman Bylewski said Mr. Callahan has made a determination that based on the available capacity in the Clarence Central School District the proposed subdivision will not have a significant impact upon the local educational facilities. This is potentially the first project that has fallen under the Adequate Public Facilities Law.
          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 creation of an additional building lot at the end of Willow Lake Drive in the Residential zoning district. This Unlisted Action involves the creation of a residential building lot. After thorough review of the Environmental Assessment Short Form it has been 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 Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board grants approval for 1 additional residential building lot to the applicant, Roger Czarnecki, for the property located on Willow Lake Drive subject to: 1. Open space and recreation fees.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

West-Herr Automotive Group requests a Public Hearing to consider a Temporary Conditional Permit for automotive storage at 4545 Transit Road, Eastern Hills Mall. James Callahan said the location is at the rear of Eastern Hills Mall. They were granted temporary permission to store the vehicles. Two subsequent public hearings were held resulting in tabling of any decision. The applicant is seeking continued storage through 2008.
          Mark Carroll, General Manager said they would like to be able to use the lot through 2008 to go along with their rental agreement with the mall. They try to keep it at about 150 cars. There may be times when there are no cars.
          Councilman Bylewski said he believes the issue of the cars not being parked within the spaces was taken care of. His concern now is that we have held two public hearings and no one showed up. The applicant was here to set the public hearing and not when it was actually held. Mr. Carroll apologized and said he misunderstood. Councilman Bylewski said he will set another public hearing with the understanding that someone is present or enforcement proceedings will begin.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing for January 23, 2008 at 7:45 P.M. to consider the request by West-Herr Automotive Group for a Temporary Conditional Permit for automotive storage at 4545 Transit Road, Eastern Hills Mall. On the question, Councilman Bylewski asked that the applicant be present. Also, some issues were brought up at the last public hearing that the applicant should be prepared to address. Councilman Weiss said he will recuse because he buys vehicles for his companies from West-Herr. Upon roll call - Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Pony's Restaurant requests a Change-In-Use to a bar and grill; and a Building Permit for a small addition at 9980 Main Street. James Callahan said the location is the north side of Main Street, east of Kraus Road consisting of an existing restaurant on .8 acre in the Commercial Zone.
          Tom Burns said they would like to make some internal changes and a small 10 x 10 foot addition for the restrooms.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          RESOLVED, that the Clarence Town Board approves the request of the applicant, Pony's Restaurant, for a Building Permit to expand the existing building and a Change in Use for the property located at 9980 Main Street to include a bar and grill subject to the following conditions: 1. Whatever fees are applicable.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Gallagher Printing requests a Building Permit and Architectural Approval for an addition to existing printing shop at 9185 Main Street. James Callahan said the location is the south side of Main Street, west of Thompson Road consisting of an existing print shop on approximately 3.6 acres in the Commercial Zone.
          David Gallagher said the proposed addition is in the rear of the building to be used for storage. It is not visible from the street and is in compliance with the Town Code.
          Motion by Councilman Kolber, seconded by Supervisor Hallock to adopt the following resolution:
          RESOLVED, that the Clarence Town Board approves the request for a Building Permit and Architectural Approval by the applicant, Gallagher Printing, for an addition to an existing printing shop located at 9185 Main Street subject to the following conditions: 1. Commercial Open Space Fees.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications - A. Harris Hill Mothers Club - Dec. 15, 2007; Legion Hall Applications - A. Leon Weitz - Jan. 6, 2008; and B. Gail Andrews - Nov. 29, 2008. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 8:15 P.M. in memory of Ruth Harrison. Ruth was a full time employee for 25 years and worked part time after retiring. Ruth was the first Court Clerk in the Town of Clarence and one of the founders and past president of the Court Clerks Association in the 8th Judicial District.

Nancy C. Metzger
Town Clerk