12/15/04


A Work Session of the Clarence Town Board was held December 15, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Director of Community Development James Callahan

Formal Agenda items:

Culligan Autoplace 8139 Main Street

Applicant requests a building permit and architectural approval for construction of another pole barn/storage building on the existing campus. The proposed site is on the south side of Main Street, east of Transit Road. The area is to remain in a commercial classification. All setback and green space requirements are met. This project is subject to commercial Open Space fees.

Lou Visone 8766 Main Street

Mr. Visone requests Concept Plan approval for development of a gasoline filling station, convenient store, retail center and hotel. The proposed site is located on the north side of Main Street, east of Harris Hill Road, adjacent to Samuel’s Grande Manor. The property consists of 8.9 +/- acres in the Commercial and Agricultural Zones. Per the Master Plan, the area identified is in the Harris Hill Traditional Neighborhood District. There are several issues including sewage disposal and building size.

John Wargo 5329 Green Valley Drive

Applicant requests a demolition permit for an existing residential structure over 50 years old. The existing residential structure is located on 5.3 +/- acres in the Agriculture Zone north of Greiner Road, east of Goodrich Road at the end of Green Valley Drive. The demolition of a structure over 50 years old is a Type I Action under SEQRA and will require coordinated review.

Spaulding Lake Properties, Inc.

Applicant requests Final Plat Approval for Spaulding Lake Part IV, Phase III for 29 PURD lots, including road dedication for approximately 1200’ of Cobblestone Drive, approximately 900’ of Rockledge Drive and approximately 200’ of Stonecliff Court. All regulatory agency and departmental approvals are in order. This project is subject to Open Space and Recreation Fees. Director of Community Development James Callahan stated that if there is to be an entrance gate, plans would have to be submitted and approved by all departments. Dominic Piestrak suggested deeding the lot that butts up to the sanctuary over to the Town. Hollingson will end at Donald Newman’s house.

Work Session Agenda items:

Norm Castine – land west of Goodrich between Lapp and Martin Road

Applicant is seeking to develop a 4-lot Open Development with a frontage lot on Goodrich and two frontage lots along Lapp Road. The proposed site consists of 43.46 acres in the Residential A Zone.

Katie Sidebottom – northwest corner of Gunnville Road and Wehrle Drive

Applicant requests Concept Plan Approval and Rezoning for development of a small professional/light commercial facility. The proposed site is located on the northwest corner of Gunnville Road and Wehrle Drive on 2.7 +/- acres of vacant land in the Residential A Zone. Per the Master Plan, the Future Land Use Map identifies that the area is consistent with Commercial/Industrial uses. After input from neighbors, the proposed zoning map identifies the property in a rural residential classification. Director of Community Development James Callahan stated that the applicant has not submitted any specific design plans and further suggested a public meeting to get in-put from surrounding neighbors.

Harris Hill Animal Hospital 8470 Main Street

Applicant requests Concept Plan Approval for construction of a new animal hospital. The proposed site is located on the north side of Main Street, west of Harris Hill Road. The existing animal hospital located on .6 +/- acres in the Commercial Zone will be demolished.

Supervisor Kathleen Hallock

A Public Hearing is scheduled for 7:50 P.M. this evening to consider an amendment to Chapter 83 Dogs and Other Animals regarding dog license fees. Town Clerk Nancy Metzger sent a memo indicating that she is not in favor of the fee increase. Animal Control Officer Jerome Schuler stated that the fee increase will help support his budget. There has not been an increase in the $2.50 local fee since the 1970’s. Town Clerk Nancy Metzger suggested increasing the pick-up and trapping fees. Animal Control Officer Jerome Schuler stated that the dog pickup fee is $25. for the first offense, the second time (within a one year period) is $50. then $100. Raising the license fee is minuscule; the fee would rise to $18 for unsprayed/uneutered dogs and $10 for spay/neutered dogs.

The Bi-Centennial Committee is planning an unveiling of the Bi-Centennial logo on Wednesday, January 19, 2005 at 7:15 P.M. before the Town Board meeting; it is a kick-off for the committee and an opportunity to promote the Town of Clarence’s birthday party on Sunday, March 6, 2005. The Bi-Centennial Committee suggested naming the road into the Historical Museum; the Town Board was in agreement with this.

A Girl Scout leader working with her troop on their Gold Award is requesting approval to hang banners on the light poles in Clarence Hollow possibly for the Bi-Centennial. Her troop must spend fifty hours on a community project. Supervisor Hallock with check with the NYS DOT to see if they have any stipulations.

An Organizational meeting is scheduled for December 16, 2004 @ 2:30 P.M.

The Clubhouse Renovation Committee has been meeting with various people. Kitty Turgeon and Kelly Schultz have both given their time. They both agree that the outside of the building needs more attention than the inside. The Committee members inventoried AAA dishes and Kelly Schultz strongly recommends taking the dishes out of service. The committee is trying to see if we can get replacements donated. John Conlin will meet with the committee in January, he will discuss historic designation and also outside work. Town Engineer Latona has also been asked to attend the January meeting to address Capital Projects.

Several weeks ago Supervisor Hallock passed out copies of a Resolution for Veterans Cemetery in the Town of Alabama. She asked that everyone review it.

Supervisor Hallock has a transfer of funds for the Town Clerk’s Office and Town Attorney’s Office.

Senior Building Inspector David Metzger is requesting a refund of a building permit fee. The applicant paid his filing fee, building permit fee, plumbing fee, sewer tap and recreation fee. When the foundation for the house was dug, the soil conditions indicated an upgrade in the foundation was needed amounting to an additional $20,000. The applicant chose not to build the house and is requesting a refund of a percentage of his building permit fees. The Town Board suggested a refund of the sewer tap fee, the recreation fee, plumbing fee and 25% of the building permit fee. There will be no refund of the filing fee.

Supervisor Hallock will comment on the Adopt-A-Highway Report for Fall 2004.

Supervisor Hallock will make a motion to adopt the Town Policy Manual changes that were discussed.


Councilman Ian McPherson

Supervisor Hallock inquired whether the letter she received from Judge Waible regarding library over-flow parking during court nights should be referred to the Traffic Safety Board. Councilman McPherson stated that the event in question was an unusual circumstance. Supervisor Hallock has spoken to the Library about scheduling events during court nights.

Councilman Scott Bylewski

Councilman Bylewski will comment on the Central Fire Alarm Report.

Councilman Bylewski will report that the Reverse 911 test was successful and a report will be forthcoming.

Councilman Bylewski will comment on the letter that was received from Senator Bruno regarding the surcharge.

Councilman Bylewski will announce the formation of the Historic Preservation Committee to consider establishing a Local Law regarding Historic Preservation. Under the Local Law, would be the establishment of a commission that would go about overseeing the day to day activities and get the committee up and running. The committee would consist of between 5 – 9 members consisting of an architect, Town Historian, a resident, an attorney and a realtor, people with experience with historic preservation.

The Municipal Review Committee has submitted several recommendations for various projects.

Councilman Joseph Weiss

Town Engineer Joseph Latona is requesting Town Board approval for the installation of a fire hydrant and payment of the annual hydrant and rental fee as part of the Memorial Park waterline project.

Town Assessor David Folger is requesting approval to attend a Data Analysis Modeling Class on January 18, 2005 in Batavia, NY.

Councilman Weiss will reappoint Richard Milewicz to the Assessment Review Board effective October 1, 2004 for a term of five years.

Highway Superintendent Ted Donner is recommending Jeff Hemline be promoted to the open position of General Crew Chief.

Councilman Weiss will copy the Town Board on an application he received for the Youth Center Board.

Councilman Weiss attended the School Board meeting; they have established committees to review the increasing pupil enrollment. It appears that they will propose an addition to the Middle School.

Supervisor Hallock announced that a Public Hearing is scheduled for 7:45 P.M. to consider revisions to the Annual Statement of Disclosure for employees of the Town.

Councilman Bernard Kolber

Parks Crew Chief John Burns is requesting a transfer of funds.

Councilman Kolber will announce the resignation of Jane Sweet from the Library Board.

Councilman Kolber attended the Library Board meeting. Even though the Erie County “Green” Budget was adopted, the Libraries were substantially impacted. The “green budget” cut out $40,000 in the Clarence library budget over last years funding. The County has recommended cutting back on hours and employees. The library will also lose their janitorial service. They will see about working something out with our Park’s Department. During the Library meeting, the board asked that Councilman Kolber review sewer charges and water charges they have been billed for. Supervisor Hallock stated that the sewer charge would be on their tax bill. She requested a copy of the bills. The County also does not want to pay for the alarm system, their feeling is the books are insured and it is not their building.

Town Attorney Steven Bengart

Town Attorney Bengart has two items to discuss in Executive Session regarding pending litigation relative to Clean Harbors/BDT and the Anderson matter.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1) D of the Open Meetings Law to discuss pending litigation relative to Clean Harbors/BDT and the Anderson matter and § 105(1)F collective negotiations pursuant to Article 14 of the Civil Service Law. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the meeting adjourned at 6:55 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Councilman Kolber, seconded by Supervisor Hallock to adjourn the Executive Session at 7:10 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 15, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Joseph Weiss led in the pledge to the flag, followed by an Irish Holiday Blessing 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, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held December 1, 2004. On the question, Councilman Weiss had a correction on page 396 – “Jack Colocousis presented a plague to the Town…” should be plaque. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the following transfer of funds in the General Fund: $300 from account A1450.430 Printing and Advertising to account A1450.435 Moving of Voting Machines. On the question, Supervisor Hallock said this is in the Town Clerk’s budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the transfer of $550 from account A1420.432 Dues & Subscriptions to account A1420.220 Office Equipment. On the question, Supervisor Hallock said this is in the Town Attorney’s budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve payment to Chris Sansone for Sewer Tape Fee, Recreation Fee, Plumbing Fee and unused portion of a Building Permit Fee amounting in 75% of the amount deposited. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the following additions to the Town of Clarence Policy Manual: add a line to Section 802 Vacation Allowance Schedule, add one line to Section 803 Accumulation and add a paragraph to Section 803 Non-Use of Sick Leave Benefit. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock thanked the New York State Police and the Erie County Sheriff’s Department for their hard work and diligence in the arrest of three youths responsible for the arson fire on Glen Iris Drive on October 31, 2004. At the press release, Lt. Nigrelli from the New York State Police thanked the press for their coverage and all who cooperated in the investigation.

Supervisor Hallock announced that the 2005 Organizational Meeting will take place on Wednesday, January 5, 2005 at 7:30 P.M. The second meeting in January will be held on January 19, 2005.

Supervisor Hallock received the Fall 2004 Report from our Adopt A Highway coordinator John Jondle. Ten groups participated in cleaning 11 Clarence roadways by picking up 111 bags of trash along 21 miles. She thanked Mr. Jondle for all of his work on this program.

Councilman McPherson had no report.

Councilman Bylewski received the Amherst Central Alarm Report for November 2004. Town of Clarence fire companies responded to the following: Miscellaneous Fires – 7; EMS Calls – 102; Motor Vehicle Accidents – 8; and Miscellaneous Calls – 33 for a total of 150 alarms.

Councilman Bylewski reported that the test of the Reverse 911 System was run on a Sunday during halftime of the Dolphins game. It was a successful test. There are some changes that have to be made regarding the usage of the system. Disaster Coordinator David Bissonette will report on that in the near future, as well as the tabletop exercise that was held earlier this year.

Councilman Bylewski received a copy of a letter dated November 29, 2004 regarding the Town’s position on the disposition of local Justice Court fines. A local law was passed imposing a surcharge on traffic violations in the Town because the State Legislature shifted the way that fine money would be received. The State Assembly and the State Senate passed legislation reversing that change. It is now in the Governor’s office for consideration.

Councilman Bylewski deferred to Director of Community Development James Callahan for the 18th update on the action items while we are under the moratorium.

James Callahan reported that:

Draft Zoning Law & Map – Planning and Zoning Department has completed all of the additions, deletions, and corrections. These items have been identified through public comments and input. The Draft is available for review at the Planning and Zoning office, Town Clerk’s office and on the Town website. It is ready for the January 19 th public hearing.

Draft Subdivision Law – Planning and Zoning Department issued the second draft completed after Planning Board review and comment. It is available in the Planning and Zoning office and on the Town website for public review.

Adequate Public Facilities Law – Consultants Freilich, Leitner and Carlisle have completed the synthesis report. A policy meeting was held December 13 th to update the Town on the progress. The consultants will move forward focusing on identified public services as discussed.

Parks and Recreation Master Plan – Wendel Duchscherer initiated the inventory and analysis. A meeting with the Recreation Advisory Committee will be held in January.

Councilman Bylewski reported from the Planning Department the formation of a Historic Preservation Committee. The purpose of the committee is to establish a draft local law regarding historic preservation and establishment of a Historic Preservation Commission. The Town will accept applications for this committee to draft the local law. Committee members may not necessarily be commission members. We are looking for approximately 5 to 9 people to serve on the committee, in particular anyone with a background in the following: architect, town historian, resident of a Traditional Neighborhood District, an attorney and a realtor.

Councilman Bylewski said one of the items from the Municipal Review Committee deals with NOCO, who is represented by his firm and he will recuse.

Motion by Supervisor Hallock, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed demolition of the structure located at 8945 Main Street. After thorough review of the submitted application and Environmental Assessment Form (EAF), including review and comment by the Town of Clarence Historical Society, it is determined that, while the proposed structure was built in the 1890’s, the action of issuing the demolition permit will not have a significant impact upon the environment. Upon roll call – Ayes: Councilmen Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. 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, a Negative Declaration is issued on the proposed SBA Telecommunications Tower. This Unlisted Action involves the erection of a 70’ telecommunications tower at 7377 Transit Road. After thorough review of the submitted site plan and Environmental Assessment Form, it is determined that the proposed project must meet all Town 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 and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a coordinated review on the proposed Barbalato Open Development Subdivision located north and west of 6830 Heise Road. This Unlisted Action involves the development of up to 10 lots on up to two private drives in a Rural Residential area. On the question, Councilman Bylewski said there is an issue regarding the moratorium and this proposed two open developments. The only open development under consideration right now is the 6-lot open development off of Heise Road. In order to address accumulative impacts and avoid segmentation, it is important that the MRC review the entire site. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski wished everybody a safe and happy holiday and Merry Christmas.

Motion by Councilman Weiss, seconded by Councilman Kolber that the Town of Clarence agrees to install one fire hydrant and to pay the annual hydrant and rental fee as part of the Memorial Park Waterline Project. On the question, Councilman Weiss said this is part of the agreement to bring water to the Memorial Park Project. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant permission to David Folger to attend a Data Analysis Modeling Class on January 18, 2005 in Batavia at a cost of $77 with use of a Town vehicle. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Richard Milewicz to the Board of Assessment Review effective October 1, 2004 for a term of 5 years. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson that upon recommendation of Highway Supt. Ted Donner, Jeffrey Hemline be promoted to the position of General Crew Chief effective December 18, 2004. On the question, Councilman Weiss said he has been a dedicated employee of the Highway Department for over 33 years. He more than meets the requirements of this position. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he attended the Clarence School Board meeting and they are looking at an improvement to the Middle School to accommodate additional students. They had several studies done to see how they are going to deal with the rising student numbers. It looks like they will be doing some adjustments at the Middle School with classrooms to mitigate some of the crowding in the classrooms and halls. Tom Coseo is doing a very good job with this. They also may be adding two classrooms to the High School.

Motion by Councilman Kolber, seconded by Supervisor Hallock to approve a transfer of $2,000 from account A7110.417-000 Auto Parts to account A7110.416-000 Gasoline and Oil for the Parks Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said Jane Sweet is stepping down from her position on the Library Board after 19 years. A proclamation was presented to her on Monday, December 13, 2004 proclaiming that day as Jane Sweet Day in the Town of Clarence. He added that Jane has also been involved in many other activities throughout the Town.

Councilman Kolber said the Library is facing a significant drop in funding. Our Library Director Rosanne Butler-Smith has been very creative in trying to deal with this loss. They may close one night per week, some Saturdays and be more selective in the use of part-time help. She will attempt to keep the library open as much as possible.

Town Clerk Nancy Metzger received the Extract from the Minutes of the Meeting of the Erie County Water Authority held November 30, 2004 amending the Tariff effective January 1, 2005. The rate went up from $2.51 to $2.56 per 1,000 gallons.

A Public Hearing was held to consider revisions to the Annual Statement of Disclosure for employees of the Town of Clarence.

Speaking to the subject:

Steve Murtaugh, 5109 Willowbrook Dr. is the Chairman of the Ethics Board. The current form is difficult to understand due to the legal language. The purpose of the Annual Disclosure, which is filled out by every Town officer and employee each year, is to remind all of them about the importance of the Code of Ethics and how it controls the employees actions and behaviors relative to their jobs. It shows any possible interests they may have that may lead to conflicts of interest. It also shows any improper sources of influence they may be encountering which would affect their performance with the Town. The whole idea is to improve public confidence and trust in the government.

The revisions are to clarify the language and provide a definition of interest. The definition is included in the law, but they would like to streamline the form so that a person would not have to go to another source in order to fill out the form. Mr. Murtaugh said they would like to be ready to use this document in January 2005, when they are distributed to each employee.

Councilman Bylewski said it was mentioned that the definition would be included on the form and he wondered if it would also be updated in the code? Mr. Murtaugh said that is the intention. They have been working on a complete revision of the code since last summer. The process for handling complaints is also being revised. They plan on having the document completed in January for review by the Ethics Board and ready for the Town Board review in February. Supervisor Hallock commended Mr. Murtaugh on all the work done on this.

Town Attorney Steven Bengart said the only change made was defining contract in the most recent draft. He also added more legal terms and Mr. Murtaugh pointed out that they are trying to make it more user friendly. It was tailored down to what is now a more useable form.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:

Resolved, that the Clarence Town Board hereby adopts the revised Annual Statement of Disclosure for Employees of the Town of Clarence copies of which will be on file in the office of Town Clerk.

On the question, Councilman Bylewski thanked Mr. Murtaugh and the Ethics Committee for all of the hard work.

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

A Public Hearing was held to consider an amendment to Chapter 83 Dogs and Other Animals regarding dog license fee. Supervisor Hallock said the Town Board received a letter from the Town Clerk questioning the purpose of the fees. The proposed dog licensing fees are: spayed or neutered dogs from $5 to $10 and unsprayed and unnueutered dogs from $13 to $18. It was discussed in the Work Session because the Town Clerk made another recommendation about dog pick up fees and trapping fees. There is a lot of work that goes into the licensing for the $5 and $10 fees. The Town Board, however, decided it was appropriate to raise the rates.

Councilman Weiss added that they do a lot in that office in checking on rabies tags and it is quite a job for her department.

Councilman McPherson said it is also important to recognize that the Animal Control office works far beyond what it is called upon to do. They take care of rodents, wild animals and contents of traps. These are things they are not required to do by law. This is an effort to aid his budget so he can continue to do things beyond the call of duty.

Councilman Bylewski said Mr. Schuler is also on call 24 hours. He does an outstanding job and we are making sure things are taken care of. Supervisor Hallock added that there is always 24-hour coverage, but it is not always Mr. Schuler.

Supervisor Hallock said the Town Clerk’s office is responsible for issuing the licenses and preparing the monthly reports.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:

Resolved, that the Clarence Town Board hereby adopts Local Law No. 10 of the year 2004 amending the Code of the Town of Clarence Chapter 83, Dogs and Other Animals section 83-5(A).

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to table item 13, Culligan Autoplace for a request for a Building Permit and Architectural Approval for construction of a storage building at 8139 Main Street until the applicant appears tonight or for the next agenda. Upon roll call – Ayes: All; Noes: None. Motion carried.

Lou Visone requests Concept Plan Approval for development of a gasoline filing station, convenient store, retail center and hotel at 8766 Main Street. James Callahan said the property consists of approximately 8.9 acres consisting of Commercial frontage with Agricultural to the rear. It is located adjacent to Samuel’s Grande Manor.

Lou Visone presented a rendering of his proposed project. He is proposing a hotel with approximately 60 rooms, six boutiques on the lower floor to cater to wedding events and maybe a small coffee shop. Adjacent to the hotel, he proposes a convenience store and gas station. It would be convenient for people having weddings at Samuel’s for their out-of-town guests. Mr. Visone has done a similar project in Pembroke.

Councilman Bylewski said the location is within the Harris Hill Traditional Neighborhood District and we would be looking for a federal style building. There are other gas stations in that area, which exist on corners. Many people do not think the gas station fits in.

Supervisor Hallock said there is also the issue of sewers for a 60-unit hotel. Mr. Visone said he has done many projects on Main Street with septic systems and there have not been any problems. He would have to meet all of the specifications of the Health Department.

Councilman McPherson asked if his proposed building is bigger or smaller than Samuel’s Grande Manor. Mr. Visone said it is approximately the same. There is also a house on the site that he intends to move into.

Councilman Weiss asked if there would be a problem with two septic systems to be next to each other for that size of buildings? James Callahan said it would have to be approved by the Health Department and the Engineering Department would have to look at all of those issues.

Councilman Bylewski asked if a convenience store would require a Special Exception Use Permit if there are two principal buildings on the same parcel? James Callahan said everything automotive related requires a Special Exception Use Permit. He believes due to the size of the site, it could accommodate multiple uses in that Commercial Zone.

Motion by Councilman Bylewski, seconded by Councilman Weiss to deny Concept Plan Approval for the gasoline filling station with the following findings: 1. It would not be in harmony with the general purposes and intent of our Zoning Law; 2. It would adversely affect the character of that area, property values, and health and safety of residents or workers on the adjacent properties and the general neighborhood. 3. Given the size and usage it would not be appropriately located and laid out in relation to the access streets. Vehicular and pedestrian traffic to and from the use would create undo congestion and/or hazard to the character of the general neighborhood; and 4. The use would conflict with the direction of building development in accordance with our Master Plan. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the Concept Plan Approval for the remaining portions of the project at 8766 Main Street to the Planning Board for further study and review. On the question, Councilman Bylewski said he believes the project has federalist character to it, but the Planning Board should consider it in their review. Supervisor Hallock said the remaining portions would be the hotel and convenience store. Councilman Bylewski said he believes it needs further tweaking. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to refer the request for a Demolition Permit for an existing residential structure over 50 years old at 5329 Green Valley Drive to the Municipal Review Committee. On the question, Councilman Bylewski said Wargo and Wargo Demolition is a client of his firm, therefore he will recuse himself. Upon roll call – Ayes: Councilmen Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a coordinated review on the proposed home demolition at 5329 Green Valley Drive. This Type I Action involves the demolition of a structure built prior to 1950. Upon roll call – Ayes: Councilmen Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Spaulding Lake Properties, Inc. requests Final Plat Approval for Spaulding Lake Part IV, Phase 3 for 29 PURD Lots, including road dedication for approximately 1,200 ft. of Cobblestone Drive, approximately 900 ft. of Rockledge Drive and approximately 200 ft. of Stonecliff Court. James Callahan said these are extensions of existing roads in Spaulding Lake. This phase consists of approximately 24.86 acres with the last connections to Hollingson.

Domenic and Nick Piestrak were present.

Councilman Bylewski said it was discussed that the two pieces adjacent to Hollingson would be transferred to the Town as a conservation easement.

Domenic Piestrak said the piece to the south seems to fit better in relationship to the existing lot. That area has been known for problems with people using it as an access behind existing homes. He does not really see any reason for the Town to want to have it. The piece to the north makes sense because it connects with the existing parkland area that is there. He is also concerned about future maintenance and would like some clarification. They DEC had concern about endangered plants in that area and the access at that point.

Supervisor Hallock said the areas adjacent to these lots are part of the escarpment. Mr. Piestrak said they deeded the areas to the Town to be used as a passive park. He is not trying to cause a problem, but the DEC was concerned about people accessing the area. What the DEC originally gave him, it seems we are contrary to that.

Supervisor Hallock said she does not see the maintenance as a problem.

Councilman Kolber said leaving the conservation area with the homeowners association has resulted in encroachment on the area. There was no way the Town could enforce. Domenic said they had a goal in mind when this was planned and thought the mechanism to control it was adequate. Domenic said if the DEC is fine with it, then he will be. Councilman Weiss said he does not think maintenance would be an issue.

Councilman Bylewski said he thinks there would be a better chance of enforcing it if the Town owned it.

Town Attorney Steven Bengart said the Planning Board recommendation was not to go private on either side of the road. The intention is that the bottom section remains a conservation easement. Supervisor Hallock said she can add, subject to review by the DEC to the resolution.

Councilman McPherson said if we do what we want to do and the DEC doesn’t like it, so what? Steven Bengart said he agrees. Councilman McPherson said there is no problem talking to them about it, but he does not see that they have any status.

James Callahan said another question was is there any type of designation for the end of Hollingson and the beginning of Cobblestone. Mr. Piestrak said he did not think about it.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:

Resolved, that the Clarence Town Board grants Final Plat approval for Spaulding Lake subdivision Part IV, Phase 3 for 29 PURD lots, including road dedications for approximately 1,200 feet of Cobblestone Drive, approximately 900 feet of Rockledge Drive and approximately 200 feet of Stonecliff Court subject to following conditions:

1. The two (2) lots adjacent to sublots number 202 and 205 shall be deeded to the Town of Clarence.

2. Town Attorney review and approval of all necessary documents required for the road dedications and deeding the property located adjacent to sublots 202 and 205 to the Town of Clarence with the establishment of a conservation easement in perpetuity.

3. No building permits will be issued until proof of filing of the road deeds in the Erie County Clerk’s Office has been received in the Town Attorney’s office.

4. Subject to establishment of Monument where Cobblestone Drive begins and Hollingson Road ends, upon review by the Town Attorney, Town Engineer and Town Highway Superintendent.

On the question, Mr. Piestrak asked that the monument be established weather permitting. He does not know what he will put there and it will probably be done next summer. If this happens, the land is in a conservation area that never under any circumstances can be used for other than a conservation area. Councilman Bylewski said the conservation easement would set that forth when deeded to the Town. Town Attorney Steven Bengart said that it could be spelled out in the easement because that is what everyone wants done.

Councilman Bylewski said his firm has represented some corporations Mr. Piestrak is involved in, however, this is not one of them and he will be voting.

Supervisor Hallock asked if the monument would be done next summer? Mr. Piestrak said he does not mind doing it. He is concerned about the maintenance. Town Attorney Bengart said that could be addressed in the conservation easement.

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

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Cub Scout Pack 583 – 3 rd Thursday each month of 2005; B. Garden Friends of Clarence – Jan. 12, Feb. 9, Mar. 9, May 11, Sept 4, Oct. 12 & Nov. 9, 2005; C. Girl Scout Troop 1419 – Feb. 10, Mar. 3 & 24, Apr. 7, May 5 & 26, Jun. 16, 2005; D. Cub Scout Pack 27 – Feb. 18, 2005; E. Clarence Fillmore Cemetery – Feb. 23, 2005; F. Soccer Registration – Feb. 26, 2005; G. Clarence Track Team – Mar. 8 & Jun. 6, 2005. Legion Hall Applications – A. Rosana Philippone – Jan. 8, 2005; B. Jennifer Topp – Jan. 23, 2005; and C. Nargis Hossain – Feb. 5, 2005. 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 16, 2004 are approved for payment: General Fund - $65,078.59; Highway Fund - $20,054.25; Water District - $32,920.71; Capital Fund - $300,194.72; Special Revenue - $619.80; and Trust and Agency 203 - $150,674.49 for a total of $569,542.56. On the question, Councilman Bylewski said there were two vouchers, one for the Hollow, which he is a member of and one for NOCO, which they represent. This is ministerial so he will be voting on them. Councilman Weiss said he also is a member of the Hollow Association. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Nancy C. Metzger

Town Clerk