12/07/05


A Work Session of the Clarence Town Board was held on December 7, 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.

To consider the request for a Special Exception Use Permit to operate an automotive body shop at 6585 Transit Road (former Belknap building).

Formal Agenda items:

Rocco DelGrosso 6215 Transit Road
Applicant would like to amend previously approved architectural style of approved office building by adding a pitched roof to the design. The project is located on the east side of Transit Road, north of Woodbridge Lane in the Major Arterial Zone. The proposed change in building architecture is significantly different from previous approval; the Town Board has final discretionary approval for the change. All other conditions of the Development Plan approval remain in force.

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 including a 14,000 square foot office building, 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. Commercial Zoned along the frontage and Agriculture Rural Residential to the rear. There are several issues including wetlands to the rear of the property and on-site sanitary sewage disposal for large-scale use. There are drainage issues relative to poor soils and rock near the surface.

Cesar Banach 8500 Roll Road
Applicant requests preliminary concept approval for an office building and warehouse development. The proposed site is located on the northwest corner of the intersection of Roll Road and Harris Hill Road in a Residential Single-Family designation with pre-existing commercial use. The current warehouse/pole barn will be demolished. Applicant has obtained a variance to allow the use in the residential zone. Town Engineer Latona has had contact with Erie County Sewer District #5 and the Town of Amherst Engineering. There is no sewer available to the applicant at this time. When the applicant applies for his building permit, he will have to have sewer hookup or approval from Erie County Health Department for a septic system.

Cimato Enterprises north of Greiner Rd., south of Roll Rd.,east of Shimerville Rd.
Applicant requests preliminary concept review for a proposed 137 lot subdivision. The proposed site is located on existing vacant land (Riegle Farm) consisting of approximately 120 acres zoned Single-Family Residential. The property was previously zoned Agriculture and retains the rights to Agriculture Zoning as it is over 5 acres.

Applicant is seeking to develop 137+/- lot single-family residential subdivision by developing new public roads that traverse the property. Utilization of the Heise-Brookhaven Trunk Sewer capacity is proposed. An amendment to the Environmental Impact Statement associated with the Heise-Brookhaven Trunk Sewer will be required. Infrastructure extension and impacts upon existing facilities will need to be determined, including traffic impacts.

Spaulding Green east of Goodrich Road, north of Greiner Road
Applicant requests preliminary concept review for a proposed 296 lot/80 apartment unit subdivision. The proposed site is located east of Goodrich Road, north of Greiner Road (across from Town Hall) on existing vacant land consisting of approximately 350 acres zoned Residential Single-Family. The Heise-Brookhaven Trunk Sewer Line traverses the property.

Supplement to the Environmental Impact Statement on the Heise-Brookhaven Trunk Sewer will be required under SEQRA. Infrastructure extensions and the adequacy of facilities will need to be determined, including traffic impacts. Applicant will be put on notice that the Town is working on a Local Law that would restrict the size of condominiums. Town Engineer Latona stated that the applicant should be made aware that there are sewer concerns as well.

Essex Homes-Hamlet of Clarence
Applicant requests preliminary concept review for a proposed 90 lot subdivision. The proposed site is located on existing vacant land consisting of 68+/- acres zoned Residential Single-Family. The property is located on the west side of Goodrich Road, north of Pinyon Court south of County Road within Clarence Sewer District #2. Several issues to consider are sewer extensions, capacity to service the proposed development and traffic impacts.

Work Session items:

Roger Czarnecki – Willow Lake Drive
Applicant requests preliminary concept approval for a proposed 10 lot subdivision. The proposed site is located on the east side of Thompson Road, west side of Old Goodrich Road at the termination of Willow Lake Drive on existing vacant land consisting of approximately 12 acres zoned Single-Family Residential. The lots proposed along Old Goodrich Road lack adequate frontage to be considered acceptable building lots in the Residential Single Family Zone.

Metzger Engineering – 4180 Ransom Road
Applicant requests preliminary concept review for a proposed 3-lot Open Development area. The proposed site is located on the west side of Ransom Road, opposite Jones Road. There is an existing single-family residential home located on approximately 8 acres with 270’ +/- of road frontage in the Agriculture Rural Residential Zone. An Open Development requires a two acre minimum lot size; the existing frontage lot would not comply.

Don Marfurt 8230 County Road
Applicant requests preliminary concept review for a proposed 45-lot Patio Home 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. Issues of concern are sewer extensions and capacity. The proposed site is located within Erie County Sewer District #5. Adequacy of infrastructure capacities will need to be determined.

Dan Singer 8353 Main Street
Applicant requests a clearing permit to clear property in advance of future development. The proposed site is located on the southeast corner of Main Street and Susan Drive. The existing vacant land consists of approximately 5 acres zoned Residential Single-Family. Existing vegetative buffers to screen existing residential areas from Main Street corridor should be maintained.

Greiner Road Associates
Applicant requests Concept Plan approval for a 4-lot Open Development area with frontage lots. The proposed site is located on Roll Road, east of Shimerville Road. The Planning Board has recommend concept approval.

Joseph Vacanti – Stahley Road
Applicant owns vacant land on Stahley Road in a sewer district. He is requesting approval to build a single family home with in-law apartment. This would require a Special Exception Use Permit. The applicant has identified up front that long term, it would be used for an in-law apartment but in the interim, he would like to rent the apartment out.

John Krantz – County Road
Applicant is requesting a building permit for an additional pole barn at existing landscaping business located on County Road in the Industrial Zone.

Supervisor Kathleen Hallock

A meeting with Peanut Line Sewage Works Corporation is scheduled for December 8, 2005 @ 9:00 AM. Following that meeting, Supervisor Hallock has requested the Board continue on and discuss 2006 Organizational items.

Supervisor Hallock will make a motion relative to the Enhancement Zone on Sheridan Drive for the David DeMarie Dance Studio.

Erie County Department of Senior Services will provide a free HEAP (Home Energy Assistance Program) Outreach at Town Hall on Monday, December 19, 2005. The Outreach will be held on a first-come, first-served basis.

A Work Session is scheduled for Wednesday, January 18, 2006 at 9:00 A.M. From February thru June, work sessions will be the first Wednesday of the month at 9:00 A.M.

Supervisor Hallock will appoint Timothy Sayers Laborer Part Time at the budgeted rate of pay effective December 8, 2005.

Supervisor Hallock will appoint Sandy Janson Clerk PT at the budgeted rate of pay effective December 8, 2005.

Supervisor Hallock will announce an opening on the Ethics Board. Applications will be accepted until December 16, 2005.

Jim Marshall from Clarence High School contacted Supervisor Hallock regarding a Boy Scout Troop working on their Eagle Scout Badge, they would like to seal the concrete and the walls at the Nature Camp. Supervisor Hallock put them in contact with Parks Crew Chief John Burns.

Anyone planning on attending the Association of Towns is reminded to see Karen Jurek about registration.

Animal Control Office Jerry Schuler is requesting a transfer of funds.

Supervisor Hallock received preliminary information today that the West Avenue sewer/sidewalk project will be funded by Community Development Block Grant.

Supervisor Hallock announced that after waiting almost two years, the new Going Places Van was delivered today. The van is shared with the Town of Newstead.

Supervisor Hallock has several items to discuss in Executive Session.

Town Engineer Latona stated that on October 20, 2005 he received and opened all bids for the Rails to Trails project - Transit Road to Newstead Town Line. After evaluation of the bids, mathematical and clerical errors were discovered in the low bidders bid. The next highest bidders price exceeds the budget by approximately $145,000. The project will be re-bid in early 2006.

Councilman Ian McPherson

Councilman McPherson had no report.

Councilman Scott Bylewski

Councilman Bylewski received the November 2005 Central Fire Alarm Report.

Councilman Bylewski has a resolution regarding an amendment to LOSAP.

In regard to the proposed Italian Marble and Granite project at 8520 Roll Road, in the review process, the Municipal Review Committee has identified an issue however, the applicant wishes to move ahead and has provided the information that they believe is satisfactory to the MRC’s request. Councilman Bylewski will make a motion regarding the Negative Declaration on this project.

Councilman Bylewski will comment on the Building Permit report for the month of November.

Director of Community Development James Callahan is requesting a transfer of funds from Expense and Travel to Gas and Oil in the amount of $500.

Town Attorney Bengart will send a follow up letter relative to the correspondence from the DEC regarding the Heise Brookhaven Sewage Works Corporation.

Friday, January 6, 2006 @ 7:00 P.M. will be the swearing in ceremony for all elected officials.

Councilman Joe Weiss

Highway Superintendent Ted Donner is requesting a transfer of funds due to the increase in heating and electric costs.

Upon recommendation of Highway Superintendent Ted Donner Five Star Equipment will be awarded the bid for a new rubber tire articulated John Deere Hi-Lift.

Parks Crew Chief John Burns is requesting a transfer of funds due to the increased cost of gasoline for Parks and Security vehicles.

Councilman Weiss has two resolutions relative to the Hillcrest Drive sanitary sewer project.

Town Engineer Latona is recommending a $30 annual license renewal fee for Journeyman Plumber.

Councilman Weiss has a resolution authorizing the Supervisor to execute the memorandum of agreement creating the Western NY Stormwater Coalition subject to review and approval by the Town Attorney.

Councilman Weiss has a resolution authorizing the Supervisor to sign an out-of-district agreement for several residents which are adjacent to the Heise-Brookhaven Trunk Sewer and out-of-district Clarence Sewer District #9 customers.

Upon recommendation of Town Engineer Latona, Councilman Weiss will make a motion to hire Jonathon Burgio as intern at the Engineering Department from December 12, 2005 until January 13, 2006 at the budgeted rate of $10.61 per hour.

Councilman Weiss has received numerous telephone calls regarding hunting south of Greiner Road.

Councilman Bernie Kolber

Councilman Kolber will announce an opening on the Recycling Committee to fill the post of Nelson Miller who passed away last week.

Town Attorney Steven Bengart

Town Attorney Bengart has one item to discuss in Executive Session

Supervisor Hallock received a letter regarding property near Ledgeview School. For the longest time, the town has been trying to obtain an easement on this property to take care of drainage issues however, the owners wanted the Town to purchase the property. Now the owners want to donate the property to the Town. The Town must decide whether or not the we want the land. Town Attorney Bengart will research.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the appointment of a particular corporation and the employment history of a particular person(s); § 105(1) H proposed sale of real property. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:05 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber 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 Wednesday, December 7, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Councilman Scott Bylewski 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, Deputy Supervisor Anne Case, Building Inspector David Metzger and Youth Director Dawn Kinney.

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held October 17, 2005 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 October 20, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held October 25, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to accept the minutes of the previous meeting held November 2, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to accept the minutes of the previous meeting held November 16, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:
          Whereas, at the November 6, 2002 Town Board meeting, the Clarence Town Board adopted a resolution to establish Enhancement Areas for the Industrial Development Agency Program and incorporated in said motion that if a business is not included in one of the Enhancement Areas named in the original motion, it can be included by individual address by petitioning the Town Board; and
          Whereas, the Clarence Town Board has been petitioned by a business owner to add his address to the Enhancement Area for the Industrial Development Agency expansion Program and the CIDA has asked the Clarence Town Board to pass a resolution to add the address to the Enhancement Area Program;
          Now therefore
          Be It Resolved, that the whole street known as Sheridan Drive in the County of Erie, Town of Clarence, New York, be included in the Enhancement Area for the Clarence Industrial Development Agency Program.
          On the question, Councilman Kolber said he owns two properties on Sheridan Drive, so he will recuse himself from voting.
          Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to appoint Timothy Sayers as Laborer PT at the budgeted rate of pay effective December 8, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint Sandy Janson Clerk PT at the budgeted rate of pay effective December 8, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the following transfer of $1,700 from A 3510.1 Personal Services with $200 to A 3510.479 Other Unclassified and $1,500 to A 3510.416 Gas & Oil. On the question, Supervisor Hallock said these accounts are all in the Animal Control Budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to reject all bids received on October 20, 2005 for the Clarence Rails to Trails Project, NYSDOT #5756.90, and approval of the return of all bid bonds submitted. On the question, Supervisor Hallock said that upon evaluation of the bids, mathematical and clerical errors were discovered in the lowest bid. The next highest bid exceeded the budget by approximately $145,000. The project will be re-bid in early 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced once again, the opening on the Ethics Board. The deadline to receive applications is December 16th. The term is for 5 years ending December 31, 2010. The applicant cannot be a registered Republican according to State Law regarding a mix of affiliations.

Supervisor Hallock announced that HEAP applications will be accepted at the Clarence Town Hall on Monday, December 19, 2005 from 9:00 am to 4:00 pm. Anyone with questions can call Erie County Legislator Mike Ranzenhofer’s office.

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

Councilman McPherson announced that the Chamber is holding their holiday mixer on Tuesday, December 13th from 5:30 – 8:30 pm at Orazio’s. There is a $15 donation and people are asked to bring a toy for the Toys for Tots program.

Councilman McPherson announced that there will be at least one opening on the Traffic Safety Board for the coming year. He knows of one person who asked that he not be reappointed.
          Councilman Bylewski announced that the Meeting of Creditors regarding Adelphia that was scheduled for December 14, 2005 has been adjourned to February 22, 2006 at 2:00 P.M.

Councilman Bylewski said the November 2005 Operations Report from the Central Fire Alarm Office was received and Town of Clarence fire companies responded to the following: Structure Fires – 1; Miscellaneous Fires – 5; EMS Calls – 88; Motor Vehicle Accidents – 14; and Miscellaneous Calls – 33 for a total of 141 alarms.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Town Board of the Town of Clarence, Erie County, New York, adopted a Resolution on October 26, 2005 setting a date for a special referendum to consider amending the “Retirement and Recruitment Plan—Length of Service Awards Program to allow for post Entitlement Age Active volunteer firefighters to earn Service Award Program service credit under the point system and to thereby increase their monthly Service Award Program Payments; and
          WHEREAS, the Clarence Center Volunteer Fire Company, Inc., Harris Hill Volunteer Fire Company, Inc., East Amherst Fire Department, Inc. and Swormville Volunteer Fire Company, Inc. have all requested the Town Board to present a proposition at a referendum to the eligible voters of each fire protection district to consider an Amendment to the Retirement and Recruitment Plan—Length of Service Awards Program to allow for Post Entitlement Age Active Volunteer Firefighters to earn Service Award Program service credit under the point system and to thereby increase their monthly Service Award Program Payments; and
          WHEREAS, the East Amherst Fire Protection District and the Swormville Fire Protection District are located within the Towns of Clarence and Amherst; and
          WHEREAS, the proposition must be presented to the eligible voters of the Towns of Clarence and Amherst; and
          WHEREAS, the Town of Amherst held a referendum for the East Amherst Fire Protection District and the Swormville Fire Protection District for the residents who reside in the Town of Amherst on December 1, 2005; and
          WHEREAS, the Town of Clarence referendum will take place on Wednesday, December 28, 2005 at each of the four fire companies named herein; and
          WHEREAS, the Town Board is required to adopt a resolution pursuant to New York Town Law § 82, designating the polling place, times when the polls will open and close and specify at which voting place the qualified voters of the district shall vote; and
          NOW THEREFORE BE IT
          RESOLVED, that Wednesday, December 28, 2005 has been designated as the date for said special election to be held to submit a proposition to the qualified voters of the Clarence Center Fire Protection District, East Amherst Fire Protection District, Harris Hill Fire Protection District and the Swormville Fire Protection District to cast their votes to approve or disapprove an amendment to the Retirement and Recruitment Plan—Length of Service Awards Program to allow for post Entitlement Age Active volunteer firefighters to earn Service Award Program service credit under the point system and to thereby increase their monthly Service Award Program Payments; and
          BE IT FURTHER RESOLVED that the proposition will read as follows:
          “Shall there be an Amendment to the Retirement and Recruitment Plan—Length of Service Awards Program to allow for Post Entitlement Age Active Volunteer Firefighters to earn Service Award Program service credit under the point system and to thereby increase their monthly Service Award Program Payments?
          1. The estimated annual cost of this prospective correction based upon the roster of current, active and active post Entitlement Age volunteer firefighter is

Fire Protection District Estimated Annual Cost
Clarence Center $ 8,439.00
East Amherst $4,252.85
Harris Hill $13,176.00
Swormville (Town of Clarence portion) $ 3,387.35

2. The effective date will be January 1, 2006.
          3. All other provisions of the Length of Service Awards Program shall remain the same.
          BE IT FURTHER RESOLVED, that the voting upon the proposition be by paper ballot and the Town Clerk is hereby authorized and directed to prepare the necessary ballots and have available all other material necessary to conduct such an election; and
          BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Clarence is hereby authorized and directed to give notice of said referendum by causing a notice to be published once, not less than ten days nor more than twenty, prior to said referendum. A copy of the notice shall be posted on the Town Clerk’s sign board maintained pursuant to Subdivision 77 of Section 30 of the Town Law; and
          BE IT FURTHER RESOLVED, that the qualified voters cast their votes at the polling place for each of the four fire protection districts as follows:

CLARENCE CENTER FIRE PROTECTION DISTRICT ELIGIBLE VOTERS:

REFERENDUM –WEDNESDAY, DECEMBER 28, 2005 AT THE CLARENCE CENTER VOLUNTEER FIRE COMPANY, INC. LOCATED AT 9415 CLARENCE CENTER ROAD CLARENCE CENTER, NEW YORK POLL OPENS 9:00 A.M. AND CLOSES AT 7:00 P.M.

EAST AMHERST FIRE PROTECTION DISTRICT ELIGIBLE VOTERS:

REFERENDUM –WEDNESDAY, DECEMBER 28, 2005 AT THE EAST AMHERST FIRE DEPARTMENT, INC. LOCATED AT 9100 TRANSIT ROAD, EAST AMHERST, NEW YORK POLL OPENS 9:00 A.M. AND CLOSES AT 7:00 P.M.

HARRIS HILL FIRE PROTECTION DISTRICT ELIGIBLE VOTERS:

REFERENDUM –WEDNESDAY, DECEMBER 28, 2005 AT THE HARRIS HILLVOLUNTEER FIRE COMPANY, INC. LOCATED AT 8340 MAIN STREET, WILLIAMSVILLE, NEW YORK POLL OPENS 9:00 A.M. AND CLOSES AT 7:00 P.M.

SWORMVILLE FIRE PROTECTION DISTRICT ELIGIBLE VOTERS:

REFERENDUM –WEDNESDAY, DECEMBER 28, 2005 AT THE SWORMVILLE VOLUNTEER FIRE COMPANY, INC.LOCATED AT 6971 TRANSIT ROAD, EAST AMHERST NEW YORK POLL OPENS 9:00 A.M. AND CLOSES AT 7:00 P.M.

VOTING IS OPEN TO ELIGIBLE TOWN OF CLARENCE RESIDENTS AS FOLLOWS:

MUST BE A CITIZEN OF THE UNITED STATES; MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER; MUST HAVE RESIDED CONTINUOUSLY WITHIN THE FIRE PROTECTION DISTRICT IN THE TOWN OF CLARENCE FOR THE LAST THIRTY (30) DAYS OR MORE; AND MUST SIGN AN AFFIDAVIT AFFIRMING TO THE ABOVE.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss that the Town Board issues a Negative Declaration on the proposed Italian Marble and Granite Inc. Facility. Upon a determination of significance under SEQRA, the Planning and Zoning Department has prepared a Part 2 and Part 3 Environmental Assessment Form to identify that no significant environmental impacts are identified as a result of this project. On the question, Councilman Bylewski said this project has been reviewed by the Municipal Review Committee. There was a concern regarding the treatment of wastewater on the site. Further documentation was submitted and based on conversations with the Chairman of the MRC and the Planning Department, all documentation is in place. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee, a Negative Declaration is issued on the proposed Lakeside Industrial Business Park located on County Road, west of Goodrich Road. This Unlisted Action involves the development of a maximum of eleven lots in the Industrial Business Park on 19 +/- acres in the Industrial Business Park Zone. After thorough review by the MRC, Planning Board and Town Board of the submitted site plan and Environmental Assessment Form, including coordinated review among involved agencies, it is determined that the proposed action is consistent with Master Plan 2015 and local land use regulations and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the Italian Marble and Granite, Inc. project is also consistent with Master Plan 2015 and local land use regulations.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee, a Negative Declaration is issued on the proposed David DeMarie Dance Studio located at 8965 Sheridan Drive. This Unlisted Action involves the development of a new dance studio on 2.75 +/- acres in the Commercial Zone. After thorough review by the MRC, Planning Board and Town Board of the submitted site plan and Environmental Assessment Form, it is determined that the proposed action is consistent with Master Plan 2015 and local land use regulations and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee, a Negative Declaration is issued on the proposed Greiner Road Associates Open Development Area. This Unlisted Action involves the development of a 4-Lot Open Development Area with two Frontage Lots on the south side of Roll Road, east of Shimerville Road in the Residential Single-Family Zone. After thorough review by the MRC, Planning Board and Town Board of the submitted site plan and Environmental Assessment Form, it is determined that the proposed action is consistent with Master Plan 2015 and local land use regulations and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee, the Town Board seeks Lead Agency status and commences a coordinated review of involved agencies on the proposed Town of Clarence Environmental Review Local Law. This action involves the adoption of a local law dealing with environmental reviews. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law and after thorough review of the Environmental Assessment Form by the Municipal Review Committee and Town Board, including a full coordinated review of involved agencies including NYSDEC, NYSDOT, NYSOPRHP and ECDEP, a Negative Declaration is hereby issued for the Casilio Professional Office Building located at 8755 Sheridan Drive. The project involves the construction of a two-story 38,342 sq. ft. office building with associated utilities and parking on approximately 3.2 acres of vacant/idle land in the Restricted Business Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Councilman Bylewski said that the action of approving residential building lot splits is considered an Unlisted Action under the State Environmental Quality Act (SEQRA) and an action must be taken regarding the subdivision approvals granted at the November 16, 2006 meeting. The following were forwarded from the Planning and Zoning Department.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning and Zoning Department after review of the proposed residential lot splits and based upon the completed Part I and Part II Environmental Assessment Form, a Negative Declaration is issued on the Hartwig Minor Subdivision. This Unlisted Action involves the split of a parcel of land to create an additional building lot on Kraus Road, south of Keller Road. The split is in conformance with local land use regulations and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning and Zoning Department after review of the proposed residential lot splits and based upon the completed Part I and Part II Environmental Assessment Form, a Negative Declaration is issued the Scott Minor Subdivision. This Unlisted action involves the split of a parcel of land to create four additional building lots on Salt Road, south of Clarence Center Road. The splits are in conformance with local land use regulations and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning and Zoning Department after review of the proposed residential lot splits and based upon the completed Part I and Part II Environmental Assessment Form, a Negative Declaration is issued on the Kelkenberg Minor Subdivision along Croop Road. This Unlisted Action involves the split of a parcel of land to create residential building lots. The splits that are in conformance with local land use regulations and will not have a significant impact upon the environment. On the question, Councilman Bylewski said this is one of the subdivisions where some of the lots were approved and some were not because they were not in conformance with the land use regulations. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning and Zoning Department after review of the proposed residential lot splits and based upon the completed Part I and Part II Environmental Assessment Form, a Negative Declaration is issued on the Kelkenberg/Burkard/Pinecrest Homes Subdivision along Salt Road and Miland Road. The splits that are in conformance with local land use regulations will not have a significant impact upon the environment. On the question, Councilman Bylewski said this is one of the subdivisions where some of the lots were approved and some were not because there were not in conformance with the land use regulations. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the transfer of $500 from A 8010.470 Expense and Travel to A 8010.416 Gas and Oil. On the question, Councilman Bylewski said this is to cover gas and oil use through the fourth quarter for Planning and Zoning. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski gave the building statistics through November 2005 as follows: 3 building permits issued in subdivisions, 5 outside; year to date were 72 in subdivisions and 45 outside. By way of comparison, year to date for November 2004 there were 99 in subdivisions and 62 outside.

Councilman Bylewski said they talked briefly about the issue with Heise/Brookhaven and the DEC during the Work Session. The Town Attorney’s office has been asked to make sure we keep in contact with the DEC to make sure that everything is being complied with regarding the Heise/Brookhaven sewer.

Councilman Bylewski announced that the swearing in ceremony of newly elected officials is tentatively scheduled for Friday, January 6, 2006 at 7:00 P.M.

Councilman Bylewski said we hope to have the viability study regarding the Youth Center by the end of next week.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the transfer of $5,000 from A 7110.100 Personal Services to A 7110.416 Gasoline and Oil in the Parks accounts. On the question, Councilman Weiss said this is to cover the increased costs for gas and oil for the Parks Department and Security. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to award the bid for the new rubber tire articulated John Deere Hi-lift for the Highway Department to Five Star Equipment at their bid of $81,417. The price includes a trade in credit of $30,000. Funding is through the Equipment Bond. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the transfer of $6,000 from A 5132.250 Garage Fixtures to A 5132.438 Light, Heat, Power and Water in the Highway Department accounts. On the question, Councilman Weiss said this is due to the high increase of heating and electric bills. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to hire Jonathon Burgio as an intern in the Engineering Department from December 12, 2005 to January 13, 2006 at the budgeted rate of $10.61 per hour. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize the Supervisor to sign an Out-of-District Agreement for the following locations which are adjacent to the Heise-Brookhaven Trunk Sewer and out of Clarence Sewer District No. 9: Andre Cook, 5525 Thompson Rd.; David Horbinski, 5480 Thompson Rd.; Karen Yerger, 5340 Strickler Rd.; Steven Furlani, 5485 Thompson Rd.; Aldine Tarbell/Perrone Living Trust, 5255 Strickler Rd.; and Jack Wilcox, 10352 Main St. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Supervisor to execute the Memorandum of Agreement creating the Western New York Stormwater Coalition, subject to review and approval by the Town Attorney. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to establish the Journeyman Plumber Annual License Renewal Fee of $30. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve Change Order No. 1 for the Hillcrest Drive Sanitary Sewer Project in the amount of a decrease of $3,889.76, bringing the revised total amount paid to $394,922.21. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize final payment to Accadia Site Contracting, Inc. for the Hillcrest Drive Sanitary Sewer Project in the amount of $32,765.86. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that a meeting of the “Day in the Park” Committee will be held on Friday, December 9, 2005 at 8:00 am. Chuck Eckert is the chairman. Councilman Weiss invited any group interested in joining in to attend.

Councilman Weiss said we do have a deer abatement program in progress to include the area south of Greiner Road. These hunters must obey all of the hunting regulations of the Conservation Law. Residents in that area may be hearing gunshots and that is what it may be. Landowners along with approval from the DEC allocate land to be hunted. All of the deer meat is donated to the food banks.

Councilman Kolber said, on a sad note, a longtime member of the Recycling Committee, Nelson Miller passed away recently.

Councilman Kolber said applications will be accepted for the Recycling Committee through January 7, 2006.

Town Clerk Nancy Metzger received a letter from Autistic Services, Inc. thanking the Town for the generous donation of surplus computer equipment. Donations like these allow them to keep up with the increasing demands on their technology department.

Department Reports

Dawn Kinney, Youth Director reported on recent activities. A video exchange was held on November 19th with 10 kids participating and three high school student volunteers helping out. They would like to do it again with a little bit different format.
          They also had a holiday craft program at the library last Saturday with 34 participants from K-5th grade. Six high school students helped out for community service hours. Dawn said she delivered all of the crafts to Brothers of Mercy on Monday. They were very grateful to be able to hand them out to the residents.
          The Youth and Recreation Department is sponsoring a “parent timeout” on Saturday, December 10th from 9 am to 2 pm at Clarence Center, Ledgeview and Harris Hill Elementary Schools. Parents can drop off their children to participate in gym activities, games and arts and crafts. They can bring a lunch if they would like. There is no pre-registration. Children will be supervised by Recreation staff and 10 student helpers. They can be dropped off and picked up at anytime during the set hours.

Public Participation

Gary Wright, 5400 Old Goodrich Rd. said he is appalled that all of these developments are being allowed to go on with the soil destabilization on properties along the Heise/Brookhaven sewer line. He does not believe it is appropriate for future residents to allow new building to go on. The soil must be stabilized so current residents do not have to live in fear of damage to their homes.

A Public Hearing was held to consider the request for a Special Exception Use Permit to operate an automotive body shop at 6585 Transit Road. James Callahan said the property consists of approximately 1.87 acres in the Major Arterial Zone.
          Steve Gajawski said he is looking to lease the building to move his business, but wants to make sure it is approved first. He would be able to store 3 to 5 cars inside the building. He anticipates no more than 12 cars along the side and in the back of the building.
          Councilman Kolber said his concern is the smashed up cars lined up along Transit Road. It could use some landscaping to dress up the front of the building. Mr. Gajawski said the parking in the front would be cars ready for delivery. He is willing to clean the place up and do whatever it takes to bring his business here.
          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 Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that after a public hearing duly held on December 7, 2005 and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, Anna Marie Rodo for the operation of an automotive body shop at 6585 Transit Road with the following conditions: 1. All waste disposed of properly and appropriate screening from public view. 2. All exterior lights to be shielded in conformance with Zoning Law. 3. All parking areas to be paved and striped. Upon roll call – Ayes: All; Noes: None. Motion carried.

Rocco DelGrosso requests an amendment to previously approved Architectural Style for a new office building at 6215 Transit Road. James Callahan said the location is north of Woodbridge Lane consisting of approximately one acre zoned Major Arterial. The applicant is seeking a change to a pitched roof style.
          Rocco DelGrosso said he did not realize that he had to come back for approval to make this change and meant no disrespect to the Town. Supervisor Hallock said the Board agrees that this is a nice improvement to the project.
          Motion by Councilman Kolber, seconded by Councilman Weiss to grant the amendment to previously approved Architectural Style for a new office building at 6215 Transit Road as presented. Upon roll call – Ayes: All; Noes: None. Motion carried.

Rocco DelGrosso requests a Demolition Permit for a structure over 50 years old at 6221 Transit Road. James Callahan said according to the Demolition Law, this is considered a Type I Action and requires an environmental review.
          Mr. DelGrosso said since the time he made the request, he decided to aggressively seek a tenant. He has a possible tenant for short term. He is thinking about a small residential development on that parcel for the future incorporating the log cabin portion of the building. He asked that the Board reserve his right to come back at a future date to discuss some ideas for the site.
          Supervisor Hallock said no action will be taken at this time.

Carl Frizlen requests Preliminary Concept Review for a Mixed Use Development, including 14,000 sq. ft. office building, 6 townhomes and 12 condominium units at 9435 Main Street. James Callahan said the location is the south side of Main Street, west of Goodrich Road consisting of approximately 21 acres zoned Commercial along the frontage and Agricultural Rural Residential to the rear.
          Fred LoFaso, representing the owners said this project is for use of 4 acres on the site. They are leaving an outparcel for future development. They believe the project conforms to the Zoning Law. The rear of the property is State and Federal Wetlands. They are not infringing in this area and the 100 ft. buffer with any buildings. The plan is before the DEC right now. There is a power line easement which is why the driveway did not line up with Goodrich Road. It would be impossible, unless the power lines were moved.
          Councilman Bylewski said this would be an issue of concern.
          Supervisor Hallock said there are issues regarding sewer and drainage. Mr. LoFaso said they would install septic.
          Councilman Bylewski asked if they would be seeking condo status for tax purposes and Mr. LoFaso said they would for the residential portion only. Supervisor Hallock said the Town is looking at adopting a local law limiting the maximum size for buildings of condo status.
          Councilman Bylewski asked if the proposed project substantially complies with the Master Plan? James Callahan said the Commercial Zone will allow the residential with a Special Exception Use Permit. The office building is a permitted use. The setbacks all meet the minimum standards.
          Supervisor Hallock said there are drainage issues with poor soils and rock at the surface. Mr. LoFaso said they have been working with the DEC regarding these issues so that they properly engineer the project.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for a Mixed Use Development, including 14,000 sq. ft. office building, 6 townhomes and 12 condominium units at 9435 Main Street to the Planning Board for further review. On the question, Councilman Bylewski said there are a number of concerns to be looked at including those mentioned. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Cesare Banach requests Preliminary Concept Review for an office building and warehouse development at 8500 Roll Road. James Callahan said the location is northwest of the intersection at Harris Hill and Roll consisting of approximately 6 acres zoned Residential Single Family.
          Cesare Banach said he is working with Erie County Health Department for sewer approval. James Callahan said he did receive a variance so that the commercial aspect can move forward in that classification. It was also suggested that the parking be moved from the front of the building.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request for an office building and warehouse development at 8500 Roll Road to the Planning Board. On the question, Councilman Kolber said the biggest issue they see is with the sewer approval. Upon roll call – Ayes: All; Noes: None. Motion carried.

Cimato Enterprises requests Preliminary Concept Review for a proposed 137-lot subdivision north of Greiner Road, south of Roll Road and east of Shimerville Road. James Callahan said the property consists of approximately 120 acres zoning Single-Family Residential along the Heise/Brookhaven Trunk Sewer Line.
          Rob Pidanick of Greenman & Pederson representing the applicant said access into the parcel is from Greiner on the south, Roll Rd. from the north and Country Club Lane from the west. They propose using the 15,000 sq. ft. incentive lots with 25 % of the parcel being left as greenspace. A gravity sanitary sewer is available.
          Councilman Bylewski asked if an open space design was considered. Mr. Pidanick said the petitioners decided on the design presented. Councilman Bylewski said that will be one of the first questions of the Planning Board to consider alternatives to the layout. They must consider topography, other geographical features, trees, etc. Mr. Pidanick said they have attempted to preserve the wooded areas on the site.
          Councilman Kolber said the agreement with the Heise/Brookhaven Corporation calls for 1,000 sewer taps. We do not know how that is being broken out. Mr. Pidanick said this project calls for 138 homes.
          Councilman Bylewski said the Heise/Brookhaven impact statement will have to be reopened to take a look at this. There are other projects that may also have an impact.
          Councilman Weiss said the Municipal Review Committee is looking at a building cap, which they should also be aware of.
          Councilman Bylewski said any future approvals would be by the Town Board.
          Town Attorney Steven Bengart said there was also mention about private roads. Mr. Pidanick said this proposal is for public roads. Supervisor Hallock said this is an issue that will be discussed further. Councilman Weiss said there are also stormwater issues to be addressed. Mr. Pidanick said they are aware that the Town Board has input on this project. They will work on these issues with the Planning Board.
          James Callahan said the incentive lot size employs the restriction of lot coverage, which could be a concern in terms of house size. There should not be any variances to the new Zoning Code for incentive lots and coverage issues.
          Councilman Bylewski said he will propose to move this project on with the understanding that this project will have to have an open space design drafted before being reviewed by the Planning Board.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the Concept Review for a proposed 137-lot subdivision north of Greiner Road, south of Roll Road and east of Shimerville Road to the Planning Board. On the question, Councilman Weiss said there is no room in the design for recreation. There is just a common area. Mr. Pidanick said they will look at it. Councilman Bylewski said it is very important that a cluster design is drafted and submitted, per the Zoning Law and Subdivision Law, before being reviewed by the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Spaulding Greens, LLC requests Preliminary Concept Review for a proposed 296-lot, 80-apartment unit subdivision east of Goodrich Road, north of Greiner Road. James Callahan said the property consists of approximately 350 acres zoned Residential Single-Family. It is located along the Heise/Brookhaven Trunk Sewer Line.
          William Tuyn of Greenman Pederson was present with the petitioners Dominic and Nick Piestrak. They were here previously with a traditional neighborhood design, which was not advanced. They have tried to implement some of the concerns into the new design. They removed the business section along Goodrich Road. The development is set back from Goodrich to maintain the corridor of trees. Two stream corridors run through the entire project. The development is set back from all of these corridors to maintain greenspace throughout.
          The density of the multi-family units would be 2 ½ units per acre. The single-family component would be about 32 acres. There is a 16 acre portion to the north that they would like to rezone from Rural Residential to Residential Single-Family. The Heise/Brookhaven sewer line and a petroleum line go through this property.
          Councilman Bylewski asked if this project substantially conforms to the Master Plan. James Callahan said the change in zoning is a concern. The overall density appears to be in conformance.
          Councilman Bylewski said he would like to see what could be done to line this project up with Roll Road. We would also like to see what it would look like as a clustered project. As with the other projects, the Heise/Brookhaven impact statement must be reviewed to see how this will fit in.
          Domenic Piestrak said this project was included in the impact statement. Mr. Tuyn said the original Heise/Brookhaven project went through a generic environmental impact process. There were four areas considered for development and this was one of them. They believe it is appropriate as part of this project to prepare a supplemental generic environmental impact statement to cover the specific design issues of this particular design.
          Councilman Bylewski said he would not be in favor of the rezoning because it is not in conformance with the Master Plan. He can see the project moving forward without it.
          Domenic Piestrak said the multi-family area he is proposing would be similar to Swallow Creek. They are also considering that it be a 55+ complex to satisfy the people who would like to downsize, but remain in Clarence.
          Councilman Bylewski said he is asking that they address the idea of lining up the entrance to meet Roll Road. Mr. Tuyn said they are willing to explore all the issues. The problem in this case is the corridor for Gott Creek is there. Councilman Bylewski said he just wants to look at what would be in the best interest of the Town for the future.
          Councilman Kolber added that we have the obligation to provide 1,000 taps, but we must know where they all fall into play. Mr. Tuyn said this is one of the areas that were included, so they can give the count.
          Supervisor Hallock asked how many units were included in Sewer District No. 2. Mr. Tuyn said the 4-plex units and the extension from Hidden Pond are in Sewer District No. 2, including 80 apartment units and 12 single-family houses. Mr. Piestrak said 350 taps were part of Heise/Brookhaven, but they are not doing that many.
          Supervisor Hallock asked if the 4-plex area was private roads. Mr. Tuyn said it is drawn as public, but can be changed to a private system.
          Councilman Bylewski asked if the 4-plex units comply with the zoning. James Callahan said it would be an issue. There is no provision for 4-plex units outside of the commercial classification. There would have to be some creative planning done.
          Councilman Kolber said the Town Board is looking at establishing a maximum size for condos. Domenic Piestrak said they would like to attract people without children at home anymore who would like to stay in Town and also who would like to minimize their expenses. Councilman Kolber said the concern they have is that under New York State Law, condominium ownership from a tax standpoint, we are hindered as to what they assessed at. Other towns have condos being built that are small mansions, which is unfair to the rest of the people who have to carry the tax burden.
          Councilman Weiss said for the record that the MRC is looking at a growth cap. We have also found out that people will occupy a smaller space to be able to attend our schools. Mr. Piestrak said that could somewhat be controlled by 1500 to 1600 sq. ft. units.
          Town Attorney Steven Bengart said to be clear on the record and so the applicant is aware, there have been discussions regarding private roads and private drainage issues as they move through the process.
          Motion by Supervisor Hallock, seconded Councilman Bylewski to refer the request for Preliminary Concept Review for a proposed 296-lot, 80-apartment unit subdivision east of Goodrich Road, north of Greiner Road to the Planning Board, incorporating the previous discussion in this record. Councilman Bylewski said the applicant should submit an alternative open space design plan before being placed on the Planning Board agenda. The zoning must conform to the Master Plan. Upon roll call – Ayes: All; Noes: None. Motion carried.

Hamlet of Clarence requests Preliminary Concept Review for a proposed 90-lot subdivision west of Goodrich Rd., north of Pine Breeze Subdivision. James Callahan said the property consists of approximately 68 acres zoned Residential Single-Family and is part of Sewer District No. 2.
          Sean Hopkins and William Schutt were present representing the applicant. The previous plan submitted in 2004 was to develop the entire project site with 122 Residential A lots. Bill Schutt has reviewed all of the new laws that have since been passed and has come up with a plan they believe satisfies all of the goals set by this Board. The plan consists of 87 lots, including 42 Residential A lots and 45 clustered lots along a private roadway. They are preserving the most environmentally sensitive portion of the site. The entire site is located within Sewer District No. 2. They have preserved the greenspace along Goodrich Road with no frontage lots. They have prepared Part I of the Environmental Assessment Form.
          Councilman Kolber said this is a substantial change and asked if it was because of the wetlands on the site. Sean Hopkins said actually it was the changes in the Town Code.
          Councilman Bylewski credits the applicant for doing the open space development design as it is a goal of the Master Plan.
          James Callahan said the project substantially conforms to open space design. Councilman Weiss asked when we would be given the sewer capacity for this project. James Callahan said it will have to researched under the environmental review. It will go through Sewer District No. 6 and will be limited by the capacity of the peanut line sewer.
          Councilman Bylewski said another issue to be addressed is the need for sewers for the Lakeside Industrial Park, which is contingent upon this approval. There is some issue of segmentation regarding the entire quadrant. Mr. Hopkins said he believes it would actually be analyzing accumulative impacts.
          Mr. Hopkins said it is adjacent to an existing development, which they have a 45 ft. buffer from the back of their lots.
          Councilman Bylewski asked if they have had a chance to talk to the neighbors and Mr. Hopkins said up to this point they have not.
          Supervisor Hallock asked if they intend on having the clustered homes in a condo status. Sean Hopkins said they have not decided on that yet, but are considering private roads. Supervisor Hallock said they are considering a limit on the size of the house in a condo situation.
          Motion by Councilman Kolber, seconded by Councilman Weiss to refer the request for Preliminary Concept Review for a proposed 87-lot subdivision west of Goodrich Rd., north of Pine Breeze Subdivision to the Planning Board for further review. On the question, Councilman Bylewski said according to the Subdivision Law, at the initial meeting with the Planning Board, alternate design plans should be presented. Sean Hopkins said they will explore that, but are pretty comfortable that this is the most environmentally sensitive design. Supervisor Hallock added that all of the previous discussion be considered in their thought process. Upon roll call – Ayes: All; Noes: None. Motion carried.

Barbara Utter of the Clarence Youth Center Board spoke regarding the future of the Youth Center. She was appointed to the Board in 1/1987 and also served as liaison to the Clarence Contemporary Club.
          The Contemporary Club requested that the Town Board consider opening one or more centers in 1968. After a year of fund raising and discussion, the Clarence Teen Center opened on May 9, 1969 in one room in the Town Park Clubhouse and became a corporation March 1, 1971. The Contemporary Club, along with many community organizations and businesses pleaded with the Town for a new facility. In 1975, the Board renovated a storage facility at the Sheridan Drive site.
          Mrs. Utter feels the Town has a need for a suitably equipped and supervised safe Youth Center. The Town is primarily of middle and upper socio-economic status. She believes that there are youth from less fortunate circumstances living within the Town who are most in need of the Center. The Youth Center offers many activities for the youth.
          The Youth Center Board was told to hold off on building renovation until the Town Board hired a Youth Director. A Youth Director was hired this year. The question remains, what is the function of the Youth Board, if the Director reports to the Town Board.
          The Youth Director Dawn Kinney presented the Youth Board with plans for renovations in August, which they approved. She also reported that she would like to start a Youth Bureau in 2007. At the same meeting, the Town Attorney asked the Youth Board if they would like to be part of the Youth Advisory Council in the future and if they were in favor of closing the Youth Center. The Youth Board said they would like to remain as the Youth Center Board and expand to include the Youth Advisory Council. They also want the Youth Center to remain open.
          Mrs. Utter said at the meeting held November 14, 2005, the Youth Board and those attending were surprised with the action taken by the Town Board to take over the operation of the Youth Center, effective January 1, 2006. She is now requesting a meeting with the Town Board in December to discuss views and the use of the equipment presently in the Center. The Youth Center Board members have been very dedicated and are extremely anxious to work with the Town Board and the Youth Director in planning for the future development of Youth Services and a Clarence Youth Bureau.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications – A. Clarence Bulldogs – Dec. 9, 2005; B. Clarence Garden Club – Dec. 11, 2005; C. Clarence Soccer Club – Jan. 15,2006; Legion Hall Applications – A. Harris Hill Mothers Club – Dec. 11, 2005; B. Kristina Holler – Dec. 17, 2005; C. Lou Santarelli – Dec. 23, 2005; D. Anita Hathaway – Jan. 7, 2006; E. Clarence Youth Department – Jan. 21, 2006; and F. Robin Shields – Feb. 11, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of December 1, 2005 are approved for payment: General Fund - $746,186.40; Highway Fund - $270,850.55; Water District - $1,601.41; Lighting Districts - $1,618.00; Sewer Districts - $66,565.27; Capital Fund - $78,905.46; Trust and Agency 203 - $6,019.68 for a total amount of $1,171,746.77. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:40 P.M. in memory of Nelson Miller and Shane Carter.

Nancy C. Metzger
Town Clerk