12/06/06


A Work Session of the Clarence Town Board was held on December 6, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 5:36 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, Director of Administration and Finance Pam Smith, Planning Board member Gerald Drinkard, Senior Building Inspector David Metzger and Town Engineer Joseph Latona

Erie County Department of Environment & Planning/
Division of Sewerage Management

Present were Tom Whetham, Deputy Commissioner and Mike Quinn Assistant Deputy Commissioner with Erie County Department of Environment & Planning, Joe Fiegl Sanitary Engineer with Erie County Department of Environment & Planning, Jim Coniglio Special Counsel to the Town of Clarence and Planning Board member Gerald Drinkard.

Motion by Supervisor Hallock, seconded by Councilman Casilio to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the appointment of a corporation. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 6:15 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

The Work Session resumed at 6:20 P.M.

Director of Community Development James Callahan

Formal Agenda items:

Charles Barone 5961 Goodrich Road
Applicant requests a Change-in-Use Permit from vacant to pet grooming and dog/cat hotel. The proposed site is located across the street from the day care center in the former tailor shop at the four corners in Clarence Center. The parcel measures 35' x 172' in the Traditional Neighborhood Zoning District. The proposed site is located in a mixed-use classification. Areas of concern include animals, noise and traffic circulation. The applicant has indicated that he will not have any outdoor kennels. A petition was received today from the surrounding neighbors objecting to this proposal.

Saturn of Clarence – Eastern Hills Mall
Applicant is requesting permission to store vehicles in the Eastern Hills Mall parking lot at the south end of the mall for an extended period of time and to display vehicles within the mall in the former Colton RV space. Per the Zoning Law, vehicle storage and display for extended periods may be considered with a Special Exception Use Permit or a Temporary Conditional Permit as determined by the Town Board.

Jim's Steakout 5651 Transit Road
A Public Hearing was held on November 15, 2006 to consider the request for a Temporary Conditional Permit for outside dining at Jim's Steakout at 5651 Transit Road. The proposed site is located on the east side of Transit Road in the former Raymondo's Restaurant just north of Roll Road. The proposed site is located within a commercial classification.

Donald Hoch 4125 Transit Road
A Public Hearing was held November 15, 2006 to consider the request for a Special Exception Use Permit for an automotive tinting operation at 4125 Transit Road. The proposed site is located on the east side of Transit Road, south of Main Street in front of Toys R Us in existing vacant building that has been sublet to two businesses. The building is located in the Major Arterial Zone consisting of .51 acres. (Removed from the agenda-the building was leased to another business).

Town of Clarence Baseball/Softball Association
Applicant is seeking to construct a new structure to expand the indoor practice facility. The proposed site is located on the east side of Goodrich Road, north of Roll Road intersection at the former Clarence Water Department facility. A variance was granted by the ZBA to allow for designed setbacks at this location. The area is located in a Community Facility Zone. All services are being donated.

Greatbatch Inc. 10000 Wehrle Drive
Applicant is seeking approval for a long range plan for use of the vacant portions of the property and removal of covenants for future development. The proposed site is located on the north side of Wehrle Drive, east of Shisler Road at existing industrial facility located on approximately 325+/- acres zoned Industrial Business Park. The existing deed restrictions on the property will require Town Board approval to allow for future development of the vacant portion of the property.

Work Session items for consideration December 20, 2006:

Lou Visone Thompson Road
Applicant is proposing a residential single-family subdivision. The proposed site is located on the east side of Thompson Road, between Thompson and Goodrich Road north of Main Street on existing vacant land consisting of approximately 43.5 acres, zoned Residential Single-Family. The area is located in a residential classification with some of the southern property in a commercial classification. The applicant is proposing to extend the road all the way through from Goodrich to Thompson Road. The Town Board has previously identified concerns related to septic systems, public roads and adequacy of public facilities.

John Burgher 10939 Main Street
Applicant is proposing to take over the existing repair shop and develop a space to display vehicles for sale. The proposed site is located on the south side of Main Street, west of Davison Road intersection in existing automotive repair facility located on .91+/- acres zoned TND and Residential Single-Family to the rear. The existing vacant structure located along the Main Street frontage was a former diner. The area is located in the Clarence Hollow Traditional Neighborhood District. This project has been referred to the Community Character Protection Board.

HD Café 5445 Transit Road
Applicant is proposing to operate a cafι with a drive-thru facility. The proposed site is located on the east side of Transit Road in the Dairy Queen Plaza. The existing retail plaza is located in the Major Arterial Zone. The new construction/addition was previously approved by the Town Board. A Public Hearing will be required to consider the proposed design.

Dan Furmanec 8230 County Road
Applicant is proposing to develop a residential subdivision. The proposed site is located on the north side of County Road, east of Stahley Road intersection on existing vacant land consisting of approximately 20 acres zoned Traditional Neighborhood District. It is located within Erie County Sewer District #5. Areas of concern include public road extension and interconnectivity with adjoining uses and adequacy of public facilities. There may be a future project proposal for the back parcel that has not come before the Board to date.

Metzger Civil Engineering – north side of County Road west of Heise Road
Applicant is proposing to develop a 4-lot Open Development area on a portion of the entire parcel. The proposed site is located on existing vacant land consisting of approximately 28.9 acres zoned Agriculture Rural Residential. Areas of concern include segmentation and wetlands.

Natale Builders 8850 Sheridan Drive
Applicant is proposing to clear the lot for the purpose of surveying the property in advance of a future project. The proposed site is located on the northwest corner of the intersection of Sheridan Drive and Shimerville Road on existing vacant land consisting of approximately 2 acres in the Restricted Business Zone. The area is located in a commercial classification. Clearing in advance of an approved project is always a concern.

Jack Willard & Co.
Applicant is proposing a development with 19 residential 5-acre lots on 141 acres vacant land located at Ransom and Stage Road in an Agricultural Rural Residential Zone.

Supervisor Kathleen Hallock

  • Supervisor Hallock notified Kevin Patterson regarding the “Take Back the Path 5K run/Walk" to be held on the bike path August 1, 2007. The event will be moved to the Meadowlakes Park. It was originally scheduled for Memorial Park. The Parks Department has been alerted not to schedule any games at Meadowlakes for that day. Parks Security has also been notified.
  • Supervisor Hallock will announce the new telephone number for WNY FEMA Individual Assistance team.
  • Everyone was reminded of the special meeting scheduled for December 7, 2006 at 9:00 A.M. regarding Clarence Sewer District #2.
  • Supervisor Hallock has a motion regarding the termination of an employee.
  • The Bi-Centennial Committee met last night, they are firming up plans for 2008.

Councilman Scott Bylewski

  • Councilman Bylewski has one correction to the minutes.
  • Councilman Bylewski will make a motion establishing the Public Safety Committee which will consist of nine individuals that will be appointed at the annual Organizational Meeting.
  • Councilman Bylewski will report on the Central Fire Alarm numbers for October and November 2006.
  • For the record, Councilman Bylewski will make a statement relative to disbanding the Clarence Youth Center, Inc.
  • Director of Community Development James Callahan is requesting a transfer of funds for the Planning and Zoning Department.
  • Councilman Bylewski has one Attorney/Client item to discuss in Executive Session.

Town Engineer Joseph Latona

  • The Clubhouse roofing project is progressing extremely well however, during the last rain storm two of the chimneys leaked on the inside. The pointing is damaged. Mr. Latona is recommending sealing the back side of the chimney at a cost of $3,200. extra for both chimneys. This will not do anything to compromise the historical integrity of the building. Both chimneys will have to be re-pointed at some time in the future. Pointing is extremely expensive; this is an economical fix for the interim.

Councilman Joseph Weiss

  • Highway Superintendent Ted Donner is requesting a transfer of funds due to additional costs brought about by the October storm.
  • Erie County will be working on the intersection of Wehrle Drive and Harris Hill Road including redoing the drainage, repaving and signalization. Town Engineer Latona has met with their engineer and their designer to see if they will work with the town relative to drainage issues at Sunset Park. Councilman Kolber stated that Sunset Park is a heavily used park and he is not in favor of adding another parking lot. Councilman Weiss stated that there is not enough adequate parking for the park especially during football season. Councilman Kolber suggested moving football to the Main Street Park where there is plenty of parking. Councilman Weiss stated that Sunset Park has a lighted field and a concession stand already in place. Councilman Bylewski suggested that the residents that adjoin the park be notified of the possibility of an additional parking lot. Councilman Casilio felt that the leagues should be split, putting the younger teams at the Main Street Park and he also felt that it would be necessary to put in another parking lot. Councilman Casilio is concerned about someone getting hurt trying to cross Wehrle Drive. Councilman Kolber will contact the residents along Sunset Park, Parks Crew Chief John Burns, and league president Bob Blackmore and set up a meeting to discuss this further and settle this before next season.
  • Councilman Weiss has one item to discuss in Executive Session regarding matters which imperil public safety if disclosed.

Councilman Bernard Kolber

  • Councilman Kolber spoke to Alicia Braaton regarding her position on the Discharge of Firearms Committee; she has no problem with disbanding the committee since we are following the NYS DEC guidelines.
  • Councilman Kolber also spoke with Meeting House Committee Chairperson Joanna Pickering, that committee has not met in over two years. Joanna feels that the committee is no longer needed however; they are a corporation so they will have to dissolve it.
  • Councilman Kolber spoke to Joe Floss regarding the Rolf's Clock. According to Mr. Floss, the clock was insured when it was loaned to the National Gallery of Art in Washington DC but that rider expired at the end of the term of the loan agreement. There is no insurance on the clock however it may have been included in the inventory. Councilman Kolber will pursue this further and make sure that it the clock is adequately insured.
  • Councilman Kolber e-mailed everyone regarding the project that is taking place at Culligan's Auto Place on Main Street. There is nothing in the agreement the Town has with Culligan that gives him permission to do the work he is doing. Director of Community Development James Callahan stated that when the Welcome to Clarence sign was erected on Mr. Culligan's property, he approached the Town immediately and said that he would maintain it however we were blocking his display. All his competitors are along the road frontage. In 2004, Mr. Culligan received engineering and landscape approval to re-engineer the drainage basin in order to extend the parking lot - he has been working on it ever since. Councilman Kolber stated that the project should have come before the Town Board to see if it is in compliance with green space. The Town requires this on other projects and this is no different. James Callahan stated that Mr. Culligan is in compliance overall. Town Attorney Bengart stated that engineering and landscaping approval would have been required in 2004 when the process started so his approval would have been based on the former Zoning Laws, not as they exist today.
  • Councilman Kolber has concerns relative to the business located to the west of Orazio's Restaurant. The former gas station has a new sign that reads Louie's Auto Sales and Service. James Callahan stated that he has spoken to the store owner, a Special Exception Use Permit exists which allows two cars to be displayed – the new owner will abide by all conditions of the permit. The sign review board has approved the signage. The Special Exception Use goes with the property as long as the business maintains all the conditions of the permit.
  • Councilman Kolber has one item to discuss in Executive Session regarding Collective Negotiations pursuant to Article 14 of the Civil Service Law.

Councilman Patrick Casilio

  • Councilman Casilio has forwarded all information to the Senior Center Board that was discussed at the Town Board meeting including the Town Board's position on term limits. Councilman Casilio also advised the Senior Center Board to contact a lawyer to advise them on not-for-profit laws. The Senior Center Board has discussed having members serve two – three year terms. Councilman Casilio made it clear that the Town Board would not make any appointments until after January 1, 2007.
  • Councilman Casilio announced that labor negotiations are on-going.
  • Councilman Casilio has been having on-going meetings with venders regarding security cameras. A presentation will be set up for an up coming Work Session. There is a vender that has equipment that will generate enough power to run the wireless cameras.
  • Councilman Casilio has been in contact with NYSEG regarding the three light poles that were damaged during the October storm.
  • Councilman Casilio is trying to set up a meeting with the Recycling Committee before the end of the year.
  • Highway Superintendent Ted Donner has contacted Erie County relative to the stop signs at Roll and Thompson Road.
  • Because of the snow storm, the Traffic Safety Board did not meet on Monday, December 4. The meeting will be rescheduled for later on this month. They have numerous stop sign and speed limit requests to review.

Town Attorney Bengart

  • Town Attorney Bengart has distributed recent correspondence to the Board regarding various litigation.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1)A matters which will imperil public safety if disclosed and § 105(1)E Collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law). Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:15 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Weiss to adjourn the Executive Session at 7:30 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 6, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Pledge to the flag was led by Councilman Bernard Kolber, followed by a prayer given by Pastor Steve Biegner of Zion Lutheran Church.

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, Building Inspector David Metzger, Youth Director Dawn Kinney and Planning Board Chair Patricia Powers.

Motion by Councilman Weiss, seconded by Councilman Bylewski to accept the minutes of the previous meeting held November 1, 2006 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held November 15, 2006. On the question, Councilman Bylewski had a clarification on page 426, last paragraph – "...spoke with assistance of Wilson Greatbatch…" should be assistants. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfer of funds in the General Fund as follows: $3,500 from A 1990 Contingency to A 1335.472 Legal Challenges. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
          Whereas, the Clarence Town Board at a work session held on Wednesday, November 29, 2006, terminated a certain employee effective as of December 1, 2006; and
          Whereas, the Clarence Town Board wished to formalize their decision to terminate said employee.
          Now, Therefore, be it
          Resolved, that the Clarence Town Board hereby moves to terminate the employment of a certain individual, nunc-pro-tunc, effective December 1, 2006.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the Town is continuing to meet with representatives from FEMA regarding the October storm reimbursement. Two FEMA representatives came in to say they are working with the individual assistance applications. The new number to call is 703-946-2489, which is available on our website and at the Supervisor's office. The local office for individual assistance is expected to remain open until the end of December.

Supervisor Hallock announced that the Town Board is working on organizational items for 2007. Many committee members will be appointed. If anyone has an interest in serving the Town on a committee should submit an application for consideration. Applications are available in the Supervisor's office and on our website.

Councilman Bylewski said he received a thank you card from Joan Matheis, who at the last meeting brought up the fact that her cable was out. Time Warner was out the next day to hook it back up.

Councilman Bylewski said Time Warner sent out a notice regarding the possible non-continuance of local stations WUTV and WNYO. Negotiations are ongoing at this time.

Councilman Bylewski said he has spoke with Time Warner about the storm related refunds. Some residents have received a refund in their December bills. The crediting process has just started and may take several billing cycles to complete. If anyone has not received the credit, they can contact him to check into it for them.

Motion by Councilman Bylewski, seconded Councilman Weiss to adopt the following resolution:
          Whereas, interest has been expressed by Town residents to volunteer and serve on a committee relative to public safety and awareness within the Town of Clarence; and
          WHEREAS, the Clarence Town Board, in light of recent events, would like to establish a citizens committee to oversee Public Safety issues in the Town of Clarence; and
          WHEREAS, said committee would not only look at bike paths, but other issues and areas of the Town.
          Now, therefore, be it
          RESOLVED, that the Clarence Town Board hereby establishes a Public Safety Committee which will consist of nine individuals that will be appointed at the Annual Organizational Meeting of the Town Board; and be it further
          RESOLVED, that the membership of said committee will be made up of a diversified group of individuals including representatives from the Erie County Sheriff's Office, New York State Police, Clarence Parks Security, Clarence/Newstead Fire Chiefs' Association, Clarence Disaster Coordinator, School District and three citizens; and be it further
          RESOLVED, that the Clarence Town Board will be accepting applications and encourages all who are interested to apply to the Supervisor's office.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Central Fire Alarm October 2006 Operations Report. Town of Clarence fire companies responded to the following: Structure Fires – 15; Miscellaneous Fires – 72; EMS Calls – 165; Motor Vehicle Accidents – 23; and Miscellaneous Calls - 291 for a total of 566 alarms.
          Councilman Bylewski received the Central Fire Alarm November 2006 Operations Report. Town of Clarence fire companies responded to the following: Structure Fires – 4; Motor Vehicle Fires – 1; Miscellaneous Fires – 9; EMS Calls – 130; Motor Vehicle Accidents – 16; and Miscellaneous Calls - 29 for a total of 189 alarms.
          Councilman Bylewski said the number of calls were significantly higher in October due to the storm.

Councilman Bylewski received the Single Family Dwelling Statistics from the Building Department for November as follows: 2 building permits were issued in subdivisions and 5 out of subdivisions. Year-to-date for November 2006 is 64 in subdivision and 50 out for a total of 114 permits issued. Total permits issued for the same time in 2005 was 117 and 161 in 2004.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the following transfers of funds in the Planning and Zoning Department: $500 from A 8010.417 Auto Parts & Accessories to A 8010.416 Gas and Oil; $134.98 from A 8010.432 Dues and Subscriptions to A 8010.470 Expense and Travel; $30 from A 8010.432 Dues and Subscriptions to A 8010.471 Training and Education; and $700 from A 8010.451 Repairs and Maintenance to A 8010.472 Master Plan Expenses. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the following transfer of funds for the Planning Board: $1,046.21 from A 8020.434 Professional Services to A 8020.470 Expense and Travel. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said Buffalo.com has established a hub that is free and accessible to everyone, especially for service organizations to help get information out there. He is passing the information on to our service organizations and asked if the Bee could do the same.

Councilman Bylewski said in the past, the Town Board contracted with the Youth Center, Inc. That relationship has been discontinued and a statement for the record follows:
          The Clarence Town Board will no longer be appointing members to the Clarence Youth Center, Inc. The Clarence Youth Center, Inc. voted to change its Bylaws in 2005, thereby disassociating itself from the Clarence Town Board.

Motion by Councilman Weiss, seconded by Councilman Kolber to approve the following transfer of funds for the Highway Department: $1,000 from 001.5132.0450 Building and Maintenance to 001.1976.0400 Clean Up Spring and Fall. This is due to the additional costs from the October storm. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board hereby dissolves the Discharge of Firearms Committee effective as of December 6, 2006; and be it further
          Resolved, that the Clarence Conservation Advisory Council will handle any issues that may have been handled previously by the Discharge of Firearms Committee in the past.
          On the question, Councilman Kolber said the Town has adopted the State guidelines for hunting boundaries.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize the Supervisor to sign an agreement which allowed the Town to use the C. J. Krantz land located at 8960 Lapp Road for dropping off wood debris, chipping and receiving said debris due to the Natural Disaster which occurred October 12, 2006 in exchange for which C. J. Krantz agrees to indemnify and hold the Town harmless. On the question, Town Attorney Steven Bengart said FEMA is requiring this of the Highway Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said as liaison to the Clarence Library, he announced that they have brochures of information that they are trying to get out to people. They would like to get some of their funding restored from the County.

Councilman Casilio said they are still investigating the wireless video camera system for the bike paths, along with an alternate power source for the cameras.
          He is also working on getting the poles that were lost in the Harris Hill area during the storm restored.

Councilman Casilio announced that the Highway Superintendent has put a request in to Erie County Highway for a 4-way stop at the intersection of Roll Road and Thompson Road. This request was recommended by the Traffic Safety Board and the Fire Chief's Association.

Town Clerk Nancy Metzger received the minutes of the Erie County Water Authority meeting held November 20, 2006, at which they amended the Tariff effective January 1, 2006. The rates will be increasing.

Department Reports

Dawn Kinney, Youth Director announced that on Saturday, December 16th, the Youth and Recreation Departments will be holding a "Parent Time Out" event. Parents can drop their children off from grades 2 to 6 at Clarence Center, Ledgeview or Harris Hill Elementary Schools for open recreation and crafts. There is no pre-registration or cost.
          Dawn said UB is in the process of developing reports from the Youth and Family Needs Assessments. The reports should be back to us in about two weeks. UB will give a verbal report of the findings on Tuesday, January 9, 2007 at 7:00 pm at the Library.
          Dawn mentioned that Winterfest is scheduled for February 12, 2007 from Noon to 6:00 pm at the Main Street Park. Flyers and more information will be coming.

Pat Powers, Chair of the Planning Board presented a report to the Town Board of the activities the Planning Board was involved in this year. They include:

  • Presentation of "Preserving Open Space with Conservation Subdivisions" on January 9, 2006.
  • Initiated the Land Use Training and Certification Program. The Board completed the course and was certified by the New York State Planning Federation on April 25, 2006.
  • Conducted 25 regular meetings and reviewed 77 agenda items. Conducted at least four additional work sessions including a joint meeting with the Town Board on August 30, 2006.
  • Work Session held on November 28, 2006 with Harold Keppner of the United States Army Corp of Engineers regarding wetlands and regulations.
  • Receive ongoing assistance from James Callahan, James Hartz and Carolyn Delgato.
  • Each member serves as liaison to one other committee, requiring attending a meeting which helps to improve communications between committees and boards.
  • October 2006 – Tim Pazda was elected to the Board of Directors of the New York Planning Federation. Wendy Salvati also serves on this Board.

Supervisor Hallock thanked all of the members for the work they did over the past year.

Public Participation

Marcia Powers, 5955 Goodrich Rd. spoke in regard to item 11, a request for a pet grooming and dog/cat hotel business. The location is right next door to her. She canvassed the neighborhood and there was strong objection to having this type of use. A petition was submitted with reasons for objection including parking issues, very close to residences and lack of yard space. Ms. Powers would like to have the opportunity to submit additional reasons for the objection in the future. She respectfully requested that the Town Board deny approval for this type of use.

Charles Barone requests a Change-in-Use Permit from vacant to pet grooming and dog/cat hotel at 5961 Goodrich Road. James Callahan said the location is on the east side of Goodrich Road, south of Clarence Center Road in the Traditional Neighborhood District.
          Charles Barone said their intention is to convert the existing home to dog grooming and dog hotel. It would be an indoor facility with no outside dog runs. They would have cageless inside housing for the dogs. The rear of the building is in disarray and needs a new roof. There are really not many uses for this building. The upper floor would be occupied by an onsite caretaker.
          The building would be very well insulated and sound proofed for noise. The dogs will be walked every day. Each suite would be approximately 4' x 5' with tiled walls, sliding glass doors, flat screen TV's and piped in music. He estimates about three dozen suites.
          Councilman Weiss asked where they would walk the dogs. Mr. Barone said along the streets like others in the neighborhood. He has also canvassed people in the area and they loved the idea.
          Mr. Barone said they currently have a doggy daycare in Lancaster where they groom about 100 dogs per week. He prefers to own the property for a hotel.
          Councilman Casilio said he has a concern about the noise with 36 dogs staying there. Mr. Barone said they will not be in cages.
          Councilman Bylewski asked about parking. Mr. Barone said there really is no reason for long-term parking. It is more of a pick up and drop off situation. Mr. Bylewski said with 36 dogs, traffic could back up.
          Mr. Barone said there is a daycare nearby that has the same drop off and pick up situation. He does not imagine 36 people being there at the same time.
          Councilman Casilio said he thinks this is a great idea. His concerns are with 36 dogs there 24 hours per day, where they will be walked and the noise after 11:00 at night. We don't want to get a bunch of complaints after he has invested a bunch of money into it. Mr. Barone said he will have an onsite manager living there. Councilman Casilio said he just wonders if this is really the right location. He should probably have acres to walk the dogs on.
          Councilman Weiss said he is concerned about 36 dogs being walked around in the Traditional Neighborhood District. That is a lot to put on a neighborhood.
          Mr. Barone said 36 is a maximum amount of dogs. He does not see what other use would go in this building.
          Lori Labonte said they do not have to walk all of the dogs at once. There would be a play area in the back. They would not be out there all of the time.
          Councilman Bylewski said there is also the possibility of considering a Temporary Conditional Permit with specific conditions set. He would like to see a sketch of what their plan is.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request for a Change-in-Use Permit from vacant to pet grooming and dog/cat hotel at 5961 Goodrich Road to the Planning Board after a rough sketch of the proposal is submitted. On the question, Councilman Casilio said he thinks it is a great idea in the wrong location. Supervisor Hallock asked if there were other businesses of this type in the area. Mr. Barone said not exactly the same. There are some in other areas of the country like California. Supervisor Hallock said she just cannot imagine that number of dogs not making a lot of noise. Councilman Kolber said he is recusing as he knows the applicant. Upon roll call – Ayes: Councilman Bylewski and Supervisor Hallock; Noes: Councilmen Casilio and Weiss. Recuse: Councilman Kolber. Motion lost.
          Councilman Bylewski asked that if this item comes back, the neighbors be notified.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for January 17, 2007 at 7:45 P.M. to consider the request by Saturn of Clarence for a Temporary Conditional Permit for vehicle display at Eastern Hills Mall. Upon roll call – Ayes: All; Noes: None. Motion carried.

Jim's Steakout requests a Temporary Conditional Permit for outside dining at 5651 Transit Road. James Callahan said the location is the east side of Transit Road in the former Ramondo's restaurant in the Major Arterial Zone. The applicant is seeking outside dining in the existing patio area.
          The applicant said the furniture will be plastic coated and attached to the ground. He would have no more than 8 tables. He was looking to have it available until 1 to 2 a.m. on the weekends. He really does not know how it will go out here. He has locations in the city. He would probably have outdoor background music. There are no close residential neighbors. There is an employee on premises almost all of the time.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on November 15, 2006, and after all interested parties being heard, grants a Temporary Conditional Permit to the applicant, Jim's Steakout, for outside dining at 5651 Transit Road, subject to the following conditions: 1. The Temporary Conditional Permit is granted for one year. 2. Outdoor seating not to exceed 8 tables. 3. The hours of outdoor operation will be 10:30 a.m. until 11:00 p.m. 4. No live entertainment; background music only until 10:00 p.m., except by Special Event Permit.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said item 14. Donald Koch's request for a Special Exception Use Permit for an automotive tinting operation at 4125 Transit Road was removed from the agenda at the applicant's request.

Greatbatch Inc. requests a Public Hearing to consider lifting a restrictive covenant for future development at 10000 Wehrle Drive. James Callahan said the location is the north side of Wehrle Drive, west of Shisler Road consisting of approximately 300 acres zoned Industrial Business Park.
          Curt Cashmore, Director of Facilities for Greatbatch Inc. said they currently own this land. The primary plan is to house their corporate research and development center in the existing buildings. The large piece of property had the restrictive covenant placed in 1973. It is now zoned Industrial, but the restrictive covenant limits some potential for future development of the site. They are not sure what the future will bring.
          Councilman Bylewski said if the covenant was removed, we would still have the Industrial zoning. One of the concerns that have come up is that perhaps the property would be sold for manufactured housing in that area. The Master Plan states that it is Industrial and the Zoning Law does not list manufactured housing as a permitted use. We are trying to maintain at least what we have zoned Industrial or Business as a minimum. So, he would not be in favor of housing on the site, but would be in favor of any use permitted in the Industrial zoning.
          Councilman Kolber said there is almost no difference in use of this land with or without the covenant. He asked how this would affect Greatbatch Inc.
          Curt Cashmore said the covenant also restricts the percentage of the land that could be developed. The company is not interested in retaining all of the land.
          Councilman Kolber said it has been established that the Town of Clarence has a shortage of Commercial and Industrial property. There is no way to replace the land if it is taken out of the zoning classification. He feels that if it was marketed, someone might be interested in it as it is.
          Councilman Bylewski said the percentage of buildable area in the restrictive covenant is 15% of the total land area. We would like to attract industrial uses to Industrial Zones. According to the Zoning Law, you can have up to 85% lot coverage in the Industrial Zone. Depending on how the parcel was subdivided after removal of the covenant, more Industrial land would be available for development.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for January 17, 2007 at 7:50 P.M. to consider the request by Greatbatch Inc. to consider lifting a restrictive covenant for future development at 10000 Wehrle Drive. On the question, Councilman Casilio said he will recuse himself as he has a business relationship with Greatbatch Limited. Councilman Kolber said he is against it, as it gives the appearance of taking away our Industrial Zoning. Upon roll call – Ayes: Councilmen Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber. Recuse: Councilman Casilio. Motion carried.

Town of Clarence Baseball Association requests a permit to construct an addition to the Town Recreation Indoor Practice Facility. James Callahan said the location is at the former Water Department facility on Goodrich Road, north of Roll Road. The proposal is an addition to the existing practice facility. A Zoning variance was granted for the design setback.
          Mark Eyrick said this is a project they have been working on for several months in partnership with Girls Softball. They ask for approval as they are eager to get started.
          Councilman Bylewski said it is the understanding of the Board that the Clarence Baseball Association will have the work done on its own and those services and end product will be donated to the Town.
          Mark Eyrick said that is correct. The two organizations are raising private money to construct the addition and then will donate it to the Town. They have established an agreement with the Town outlining all of this.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to grant the request by the Town of Clarence Baseball Association for a permit to construct an addition to the Town Recreation Indoor Practice Facility. The Open Space Fee will be waived. On the question, Councilman Bylewski asked if there were any additional conditions that would have to be set. Town Attorney Steven Bengart said not from his end. Councilman Casilio said he will have to recuse as he was initially involved in this project. Town Engineer Latona asked if the permit fees were going to be required. Supervisor Hallock said it has been our practice not to waive the permit fees due to the amount of hours for inspections, but we do waive the open space fee. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications - A. Clarence Youth Center Inc. – Jan. 28, 2007; B. Clarence Contemporary Club – Sept. 24 & 25, 2007; Legion Hall Applications - A. Charles Lukowski – Dec. 22, 2006; B. Katherine Buchbinder – Dec. 29, 2006; C. Mary Geschuender – Jan. 20, 2007; D. Clarence Democratic Committee – 2nd Monday each month of 2007; Oct. 13, 27 & Nov. 3, 2007; E. Dawn Andres – May 20, 2007. On the question, Councilman Bylewski said he is a member of Legion Hall item D, however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of November 30, 2006 are approved for payment: General Fund - $427,626.18; Highway Fund - $183,992.84; Water District - $1,885.10; Lighting District - $823.08; Sewer Districts - $647.07; and Trust and Agency 203 - $40,532.52 for a total amount of $655,476.79. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio said he would like to close the meeting in memory of former Amherst Supervisor Jack Sharpe.

There being no further business, Supervisor Hallock adjourned the meeting at 8:45 P.M.

Nancy C. Metzger
Town Clerk