12/20/06


A Work Session of the Clarence Town Board was held on December 20, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Director of Administration and Finance Pam Smith, Senior Building Inspector David Metzger and Town Engineer Joseph Latona.

Director of Community Development James Callahan

Formal agenda items:

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

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

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

Dan Furmanec 8230 County Road
Applicant is proposing to develop a residential subdivision. The proposed site is located on the north side of County Road, east of Stahley Road intersection on existing vacant land consisting of approximately 20 acres zoned Traditional Neighborhood District within Erie County Sewer District #5. The Town Board had previously tabled action on this proposal pending additional design information. Areas of concern include public road extensions/ interconnectivity with adjoining uses and adequacy of public facilities.

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

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

Scott Witter Design – Stage Road
Applicant is proposing to develop the property into 19/5 acre residential lots with a public road cul-de-sac, open development lots and frontage lots. The proposed site is located on the south side of Stage Road, east of Ransom Road on existing vacant land (former gravel quarry) consisting of approximately 141 acres, zoned Agriculture Rural Residential. Areas of concern include adequacy of public facilities, public road extension and septic system development.

Work Session items for consideration:

Frey's Old Time Furniture 9992 Main Street
New owner is proposing a small addition to the existing retail space to the rear of the main building. The proposed site is located on the north side of Main Street, east of Kraus Road at existing furniture store with storage buildings to the rear consisting of 8.2+/- acres zoned Commercial. All setbacks are met in the Commercial Zone. There will be no exists to Kraus Road.

Benderson Development 5965 Transit Road
Applicant is proposing to construct a commercial structure to house retail/office and restaurant uses. The proposed site is located on the east side of Transit Road, south of Clarence Center Road on exiting vacant land consisting of approximately 3.08 acres zoned Major Arterial. Referral to the Planning Board will initiate the review process. Adequate buffering and design and thorough environmental reviews will be required as the project moves forward.

Steve Castilone 8965 Sheridan Drive
Applicant is proposing to develop a small café/restaurant within the space to compliment the dance studio being developed. The proposed site is located on the south side of Sheridan Drive, east of Shimerville Road in front of Dynabrade at existing commercial structure currently under construction located on 2+ acres in the Commercial Zone. Parking on the approved project is sufficient to accommodate the proposed use. Operational details should be detailed to ensure compatibility with adjoining uses.

Arthur Fuerst 9450 Main Street
Applicant is proposing to develop a new coffee shop with drive-thru on the property along with the existing dry cleaning facility. The proposed site is located on the northwest corner of Main Street and Goodrich Road. The existing dry cleaning operation and residential use are located on approximately 1 acre in the Commercial Zone. A Negative Declaration and a Special Exception Use Permit have been issued by the Town Board on the project design. The Planning Board has forwarded a recommendation on the development plans as submitted.

Don Stiglemeier 10505 Greiner Road
Applicant is seeking a mechanism to utilize the property to create a single-family residential lot. The proposed site is located on the south side of Greiner Road, east of Hillcrest Drive on existing vacant lot with 66' of Greiner Road frontage and 1.1+/- acres. The lot as it exists is not an acceptable building lot per the Zoning Law. The applicant was denied a variance to utilize the lot by the ZBA and has been unsuccessful in acquiring additional frontage to bring the lot into compliance. The ZBA had concerns over creating a substandard lot and placing a new home in the rear yard of existing homes.

Mighty Auto Parts – Goodrich Road
Applicant is seeking approval to construct a small addition to the rear of their existing warehouse facility. The project meets all setbacks. The proposed site is located on the west side of Goodrich Road across from the Clarence Highway Department they will not be encroaching on existing residential neighbors. The surrounding neighbors will be notified.

Bordeaux Brothers – Greiner and Salt Road
Applicant requests a demolition permit for existing home and barn both over 50 years old.

Regent Contracting Corporation 6103 Transit Road
In conjunction with their previous concept plan approval and the desire to pursue Phase II of their project, the applicant is requesting permission to clear the site of trees and other vegetation prior to adverse winter weather. Some of the trees were damaged during the October storm.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to Section 105(1) F to discuss the financial history of a corporation and employment history of an employee(s). Section 105(1) H the proposed acquisition, sale or lease of real property and Section 105(1) D pending litigation regarding Marinaccio, Essex Homes and Meteor Enterprises. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to recess the Executive Session at 7:15. Upon roll call Ayes: All; Noes: None. Motion carried.

The Work Session reconvened at 7:15 P.M.

Supervisor Kathleen Hallock

Supervisor Hallock will make several transfers in the General Fund including one for the Bicentennial Committee. An e-mail was sent to the Parks Department asking them to install the Bicentennial banners. Supervisor Hallock is waiting to hear back from them.

Supervisor Hallock received notification from Erie County Civil Service that Dawn Kinney's appointment for the Executive Director of Youth Board is now permanent.

Supervisor Hallock will make a motion to create three positions of Dog Control Officer RPT; this is being done for Civil Service purposes.

A meeting is scheduled for December 27, 2006 at 5:30 PM to review Organizational items for 2007.

The Harris Hill Mothers Club is requesting Town Board approval to host a “family fun night" on February 2, 2007 at the Legion Hall to include an animal show by Mark Carra. Mr. Carra is a naturalist who will present an animal conservation show. He has been featured on the Animal Plant network and has been a featured guest at various festivals and nature programs throughout the area. His show introduces various small animals, at times including small reptiles, amphibians and kittens among other small animals which are maintained in cages and handled with proper care.

Motion by Councilman Weiss, seconded by Councilman Casilio to approve the request by the Harris Hill Mothers Club to host their “family fun night" on February 2, 2007 at the Legion Hall to include an animal show by Mark Carra. On the question, Councilman Kolber asked if animals should be allowed in the building where food is served. Councilman Bylewski stated that if food is being served, it would be up to the organization to over see the proper handling of the food. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock has a resolution approving a Change Order #3 to Birch Grove Landscaping and Nursery Inc. for the Rails to Trails project.

Councilman Scott Bylewski

Councilman Bylewski has received notice from Time Warner Cable relative to price changes that will be implemented on some services effective with the February 2007 billing.

The TEQR Committee has forwarded several recommendations from their meeting of December 19, 2006 including a Negative Declaration on the proposed amendments to the Town of Clarence Zoning Law. A Public Hearing will be scheduled for February 14, 2007 @ 7:50 PM.

The Planning Board has forwarded a recommendation to adopt the proposed changes to Master Plan 2015. A Public Hearing will be scheduled for February 14, 2007 @ 7:45 PM.

Councilman Joseph Weiss

Councilman Weiss has spoken with John Jondle, the Deer Abatement Program is about to begin, the permits are in. The Kreher's are donating 60lbs. of corn.

Councilman Weiss is requesting that the Landscape Committee meet with the Clarence Football league when they review Sunset Park to go over economic and safety issues with the league.

Councilman Weiss and Councilman Casilio met with Parks Crew Chief John Burns and discussed several issues.

Councilman Weiss stated that a motion was made at the Erie County Sewer meeting to tie the industrial to the residential to bring the parallel line across.

Councilman Weiss met with Animal Control Officer Jerome Schuler last week and discussed several issues including after hour calls. Councilman Weiss will meet with Supervisor Hallock to go over some ideas.

Councilman Bernard Kolber

Town Assessor David Folger is requesting authorization to include information and assessment letter with the 2007 Town and County Tax bills.

Councilman Kolber will distribute a proposal he has come up with regarding Sunset Park and the Clarence Football League.

Councilman Patrick Casilio

Councilman Casilio has been working with NYSEG regarding several street lights that are out. The gas lights on Willow Brook have been repaired.

Councilman Casilio is working with the utility company to help the Bicentennial Committee move forward with their banner program.

The Senior Center Board of Directors have elected their new officers for 2007- 08. Janet Vito, Chairperson; William Westley, Vice Chairperson; Sandra Baker, Secretary; and Darrell Young, Treasurer.

Councilman Casilio has one item to discuss in Executive Session.

The Senior Center has shown much interest in a new Community Center and would be interested in being included on any committee or board to discuss their thoughts and ideas.

Councilman Casilio has had discussions regarding the use of the Senior Center as an emergency shelter and staffing it with member volunteers. The Senior Center has everything needed for an emergency shelter except for a generator. Town Engineer Latona suggested the surplus generator at the Engineering Department. It would be sizable enough to power the entire building.

Councilman Casilio has a Resolution authorizing IBC Engineering to conduct a study and cost estimate for a standby generator at the Senior Center at an hourly rate not to exceed $2,500. Town employees can move the generator to the Senior Center and do the hook up.

The Work Session adjourned at 7:35 PM.

Darcy A. Snyder
Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, December 20, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona and Building Inspector David Metzger.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held November 29, 2006. On the question, Supervisor Hallock had a correction on page 445 under Councilman Weiss' report - "Rock Oak East and Rock Oak West are one of the highest taxpayers in the Town of Clarence." The next sentence stating the amount they pay should be deleted. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held December 6, 2006. On the question, Supervisor Hallock had a correction on page 454 - "...Winterfest is scheduled for February 11, 2007..." Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfers of funds in the General Fund: $1,000 from A 1220.0220 Office Equipment, $1,500 from A 1620.414 Landscaping, $1,500 from A 1680.434 Professional Services, $1,000 from A 3120.1 Personal Service and allocated as follows: $1,000 to A 6410.0479 Unclassified Expenses, $1,500 to A1620.450 Maintenance of Buildings & Grounds, $1,310 to A 1620.454 Stationary Plant & Equipment Maintenance, $190 to A 1960 Bond Issue and Note Expense and $1,000 to A 3120.417 Vehicle Maintenance. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Dawn Kinney as Executive Director - Youth Board per notice received from the Personnel Officer of the County of Erie. On the question, Supervisor Hallock said this is a permanent appointment, non-competitive promotion in accordance with NYS Civil Service Law. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to create three positions of Dog Control Officer RPT (Labor Class). On the question, Supervisor Hallock said this is being done for Civil Service purposes. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock mentioned that the Town Board is working on the organizational items for 2007. If anyone is interested in serving on a committee, they should come in for an application or download one from our website.

Supervisor Hallock wished everyone a Happy Holiday Season, and a Happy New Year. The Town Board will meet again on January 3, 2007.

Motion by Supervisor Hallock, seconded by Councilman Kolber to approve Change Order No. 3 in the amount of $9,400 to Birch Grove Landscaping and Nursery Inc. for wood shingles on the gazebo roofs, reverse grade shim coat on the bike path and supplemental retaining wall at the ends of the railroad bridge for the Clarence Rails to Trails Addition Project, NYSDOT PIN 5756.90. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said Time Warner Cable is raising their rates for Broadcast and Standard Cable by $2.60 per month. Pricing for the Digital Equipment will increase $1.25 per month. New Digital Cable pricing will not increase.
          Time Warner is adding SportsNet NY, Universal HD, A&E HD and MTV HD effective January 1, 2007.
          They also stated that should a repair technician be late for a scheduled appointment window, the customer will receive a $20 account credit.

Councilman Bylewski said the Planning Board forwarded a recommendation to adopt the proposed changes to Master Plan 2015. A Negative Declaration was issued by the Town Board.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for February 14, 2007 at 7:45 P.M. to consider adoption of the proposed amendments to Master Plan 2015. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed amendments to the Town of Clarence Zoning Law. This Type I Action involves the adoption of minor amendments to the existing Town of Clarence Zoning Local Law. The proposed changes are identified as minor and proposed for the purpose of clarifying certain sections of the law. After a coordinated review among involved agencies and a thorough review by the Town Board, TEQR Committee and Planning Board, it is determined that the proposed action is consistent with Master Plan 2015 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 Supervisor Hallock to set a Public Hearing for February 14, 2007 at 7:50 P.M. to consider a local law amending Chapter 229 Zoning of the Code of the Town of Clarence. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a coordinated review among involved agencies on the proposed Bakowski Self-Storage Facility. This Unlisted Action involves the development of a new self-storage facility in the Industrial Business Park Zone within the Lakeside Industrial Business Park. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a coordinated review among involved agencies on the proposed Gullo Retail Landscape Facility located at 9800 Transit Road in the Traditional Neighborhood District. This Type I Action involves the demolition of structures older than 50 years and the redevelopment of the property into a retail nursery facility. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a coordinated review among involved agencies on the proposed Walgreens Drug Store and Office Building located at 9217 Main Street in the Commercial Zone. This Unlisted Action involves the redevelopment of commercial property for a proposed drug store and office building. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the Youth Department has been working closely with the Clarence Central School District. This ongoing collaborative effort began with the appointment Dawn Kinney as our Youth Director. They are actively pursuing programs for our youth.

Councilman Bylewski wished everyone Happy Holidays and a Happy New Year.

Motion by Councilman Weiss, seconded by Councilman Kolber to approve payment to the Town of Amherst in the amount of $400,000 for Clarence sewer costs in arrears. On the question, Councilman Weiss said this is the result of us finally getting the information that took 7 years to acquire. He thanked everyone involved in helping to resolve this issue. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to approve the following transfer of funds for the Parks Department: $5,300 from A 7110.450 Maintenance of Building and Grounds to be allocated as follows - $4,000 to A 7110.417 Automotive, $1,200 to A 7110.425 Recreation and $100 to A 7110.451 Electrical Supplies. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss said in speaking with John Jondle, we finally are ready to begin the Deer Abatement Program for this season. We have about 20 participants helping to reduce the deer population between now and March 1st. He thanked Kreher's for donating bags of grain. All of the meat from the program goes to the food bank. The program has helped reduce the amount of deer-car accidents in the Town.

Motion by Councilman Kolber, seconded by Supervisor Hallock to authorize mailing of the 2007 Information and Assessment Letter with the 2007 Town and County Tax Bills. On the question, Councilman Kolber said it has been done in the past and it saves on postage. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said the Town is aware that there are a lot of street lights out and having been talking with NYSEG almost daily.
          The gas lights on Willow Brook have been repaired.

Councilman Casilio said the Senior Center Board of Directors has picked their new officers for 2007-08. They are as follows: Janet Vito, Chairperson; William Westley, Vice Chairperson; Sandra Baker, Secretary; and Darrell Young, Treasurer.
          Councilman Casilio said they have been discussing the use of the Senior Center as an emergency shelter during a time of need and staffing it with volunteers from the membership. The only thing missing is a backup generator. Town Engineer Joseph Latona said they have a surplus unit since upgrades were made at the Highway and Building and Engineering complex. We will require an evaluation to see if this is feasible.
          Motion by Councilman Casilio, seconded by Supervisor Hallock to authorize IBC Engineering to conduct a study and cost estimate for a standby generator at the Clarence Senior Center at an hourly rate with the total amount not to exceed $2,500 to be paid from account A 1440.434 Professional Services. On the question, Supervisor Hallock said if we are able to pursue this project, the Senior Center would not be the only site used. There are several sites available. The designation of a particular site or sites is made at the time of a disaster depending on many factors. Upon roll call - Ayes: All; Noes: None. Motion carried.

Lou Visone requests Preliminary Concept Review of a proposed subdivision off Thompson Road, north of Main Street.
          Councilman Kolber said this property abuts his property, so he will recuse himself from the discussion and vote.
          James Callahan said the property consists of approximately 43.5 acres zoned Residential Single Family, with a portion of the southern tip zoned Commercial.
          Michael Metzger, Engineer for the applicant said this is a modified plan from their previous presentation. The project is for 26 lots off a public road going from Thompson Road to Goodrich Road. Each lot is over an acre with 12% of the site as open space. The first lots would begin 200' from Thompson Road and from Goodrich Road.
          Councilman Bylewski said they did receive Mr. Metzger's letter and how he feels it complies with the Master Plan. One issue that came up at the September 13th meeting was that the Master Plan states that we should be steering subdivision development to areas that have sewers. This subdivision being proposed does not have sewers.
          Michael Metzger said his client has investigated various options to try and bring sewers to the site. Unfortunately, that option is gone.
          Councilman Bylewski asked if there was any consideration given to an open development plan rather than the one being proposed.
          Michael Metzger said they looked at that option prior to the previous submission and again while preparing the proposed plan. Mr. Visone just completed a 4-lot open development in this area. He has concerns from a market standpoint. They are very expensive to develop and felt it was not viable.
          Councilman Bylewski said by putting the road straight through, it would open up the opportunity for more lots than the traditional 4-lot open development. The Master Plan encourages open development areas as an alternative to traditional subdivisions in light of the sewer situation.
          Michael Metzger said the property is fairly linear and open developments seem to work better on a parcel that is more uniform in acreage. It is difficult to put a street through a parcel that is already linear to have an open development work very well.
          Councilman Bylewski said he throws it out as an alternative to look at. The issue remains that the Master Plan guides us to look at sewered areas for subdivisions, in light of the sewer problems in the Hollow and Harris Hill areas. To allow subdivisions in unsewered areas would just perpetuate the problem.
          Michael Metzger said he does understand that. Lots in sewered areas can be as small as 20,000 sq. ft. which would encourage projects in those areas. If it is not available, there are requirements in place for much larger lots and he feels they have met those with this project. The requirements today are much more stringent than they were when the Hollow and Harris Hill were developed. Technology has also advanced in ways to help protect the environment.
          Councilman Bylewski said his interpretation is that if there is no opportunity for sewers, then you should not have a traditional subdivision.
          James Callahan said in regard to the segmentation issue, there is an open development and an adjoining commercial piece owned by the applicant. At the time of the open development review, it was identified that there was permissible segmentation because at the time there was no plan to develop this portion. Councilman Bylewski added that in less than a year and a half this project was submitted.
          Michael Metzger said the applicant understands that a full environmental review would be required for this project.
          James Callahan said the applicant does own land that he previously had a commercial proposal on that adjoins this property as well. The issue of segmentation remains.
          Michael Metzger said there is about three acres remaining that he has no plans for.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to deny the request for Preliminary Concept Review of a proposed subdivision off Thompson Road, north of Main Street. On the question, Councilman Casilio said he understands the concerns and agrees with them, but he thought this could move on to Planning Board with the concerns so noted. Councilman Bylewski said he would prefer sending a project that they are more comfortable about the design. Councilman Weiss said the Master Plan is the major concern. Supervisor Hallock said the Planning Board would prefer we not send projects that we are not comfortable with. Michael Metzger said there are many areas in the Master Plan that this project is in compliance with. Councilman Bylewski said his major concern is sewer given the costs of remediation for existing problems. Upon roll call - Ayes: Councilmen Weiss and Bylewski and Supervisor Hallock; Noes: Councilman Casilio. Recuse: Councilman Kolber. Motion carried.

John Burgher requests a Public Hearing to consider a Special Exception Use Permit for automotive service and sales at 10939 Main Street. James Callahan said the location is the south side of Main Street, west of Davison Road consisting of an existing auto repair facility on approximately .9 of an acre in the Traditional Neighborhood District.
          John Burgher said the hours of operation would be 9 am to 7 pm Monday through Friday and on Saturdays from 9 am to 2 pm.
          Councilman Bylewski said there were concerns that came up from the Community Character Protection Board. James Callahan said their major concern was that a display area would be screened incorporating some of the characteristics of the Clarence Hollow. A previous submittal for this project incorporated some stone walls.
          Mr. Burgher said his plan is for 10 to 15 cars to the east of the building on a blacktopped surface.
          Councilman Bylewski said we have been requiring striping of parking lots to help with enforcement. Mr. Burgher said he thought they did want stripes, but he is willing to do that.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for January 17, 2007 at 7:55 P.M. to consider a Special Exception Use Permit for automotive service and sales at 10939 Main Street. On the question, Councilman Casilio said he owns property next door, so he will recuse. Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to table the request by HD Café for a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility at 5445 Transit Road until the applicant is available. On the question, Councilman Weiss said he will recuse due to a business relationship with the owner. Upon roll call - Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Dan Fermanek requests Preliminary Concept Review of a proposed subdivision at 8230 County Road. James Callahan said the location is the north side of County Road, east of Stahley Road consisting of approximately 20 acres within the Traditional Neighborhood District and Erie County Sewer District No. 5.
          Jeff Palumbo said there have been substantial changes made to the plan. It would include 41 lots on a private roadway with the first lot set back 200 ft. from the main roadway. There was a question of connectivity to adjacent land, but the concern is with a private road that is maintained by a homeowners association.
          Councilman Bylewski asked if sewers are available for this project. Mr. Palumbo said yes.
          Councilman Bylewski said they identified issues to review including green space, connectivity and public versus private roads.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for Preliminary Concept Review of a proposed subdivision at 8230 County Road to the Planning Board for further review. Upon roll call - Ayes: All; Noes: None. Motion carried.

Metzger Civil Engineering requests Preliminary Concept Review of a 4-Lot Open Development Area off County Road west of Heise Road. James Callahan said the property consists of approximately 28.5 acres in the Agricultural Rural Residential Zone.
          Michael Metzger, Engineer representing the applicant said the proposal is for the westerly 12.5 acres of the site. The lot sizes range from 2.3 to 3.6 acres. He may want to do something similar on the eastern portion of the property utilizing the same frontage on County Road in the future. Wetland delineation was performed identifying the Federal wetlands on the property.
          Councilman Bylewski said the concern would be the segmentation because of the lack of connectivity. We did have to change the local law regarding the new requirement of a fire hydrant. Mr. Metzger is aware of that.
          Motion by Councilman Weiss, seconded by Councilman Bylewski to refer the request for Preliminary Concept Review of a 4-Lot Open Development Area off County Road west of Heise Road to the Planning Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

Natale Builders requests a Clearing Permit for 8850 Sheridan Drive. James Callahan said the location is the northwest corner of Sheridan and Shimerville consisting of approximately two acres zoned Restricted Business. Mr. Natale is requesting a clearing permit in advance of a future project.
          Angelo Natale said he would like to clear the property for a potential office site.
          Supervisor Hallock said they usually do not like to approve a clearing permit prior to a plan. Mr. Natale said he has a preliminary concept plan and what he would like to do is brush hog the property of brush under 4 calipers.
          Councilman Kolber said a concern is destruction of a possible buffer area for the future. Another concern is setting a precedent for other people coming forward without a definite project.
          Mr. Natale said he could present his preliminary plan, as he fully intends to present a project.
          Councilman Bylewski said a concern is that sometimes projects did not go forward and we end up with a cleared site. It was discussed in the work session that the Town Board does appreciate the projects that Mr. Natale has brought to the Town. They have been of high quality and he has been open about them.
          Mr. Natale said his real concern right now is to get in there and survey the property. He wants to nestle the building into the property properly.
          Town Engineer Joseph Latona suggested that with the preliminary concept, we could sit down with his surveyor and see what the minimum amount of land that would need to be disturbed.
          Town Attorney Steven Bengart asked if the applicant would like to table the request until he can meet with the Town Engineer as suggested. Mr. Natale said that would be acceptable to him.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request by Natale Builders for a Clearing Permit for 8850 Sheridan Drive. On the request, Councilman Casilio said he understands tabling it, but this property is adjacent to commercial property and not any residential at all. Mr. Natale said he will meet with the Town Engineer and then let the Town Board know what is happening. Upon roll call - Ayes: All; Noes: None. Motion carried.

Scott Witter requests Preliminary Concept Review of a proposed subdivision on the south side of Stage Road, east of Ransom Road. James Callahan said the property consists of approximately 141 acres, formerly a gravel quarry, and zo ned Agricultural Rural Residential.
          Scott Witter, Landscape Architect was present with the project sponsor Jack Willert. Mr. Witter said the proposal is for 19 lots on a private road. The lots would be about 7 acres.
          Councilman Bylewski said the open development would be more palpable given the unsewered subdivision.
          James Callahan said he does not know the calculations, but is comfortable with consideration of an open development given the amount of road frontage.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request for Preliminary Concept Review of a proposed subdivision on the south side of Stage Road, east of Ransom Road to the Planning Board to be reviewed as an open development design. On the question, Supervisor Hallock identified the concern with water pressure in that area. Councilman Weiss said his concern is with fluctuating water levels in a quarry area and they should keep that in mind. Mr. Witter said his client asked that he look at the highest most interesting locations for the layout. Councilman Bylewski suggested they look at the environmental report that was done for Gables on the Green. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Eagles Wings Ministries - Dec. 21, 2006; B. Clarence Fillmore Cemetery - Feb. 28, 2007; C. Boy Scout Troop 93 - March 4, 2007; D. Historical Society - 2nd Tuesday every other month & October 2007; Legion Hall Applications - A. Tom & Linda Mary Hall - Dec. 27, 2006; B. Karen Smith - Dec. 30, 2006; C. Clarence Log Cabin Quilters - Jan. 16, 2007; D. Cynthia Rosel - Feb. 24, 2007; E. Clarence Youth Department - April 10, 2007; F. American Legion - 2nd Wednesday & 4th Monday each month, May 28, June 9 & 14, 2007; and G. Karen O'Neill - Dec. 8, 2007. On the question, Councilman Bylewski said he is a member of Clubhouse item D, however this is ministerial and he will be voting. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of December 14, 2006 are approved for payment: General Fund - $102,734.94; Highway Fund - $24,022.24; Water District - $33,631.35; Sewer Districts - $55,767.50; Capital Fund - $167,120.00; Aquatic Growth - $723.18; and Trust & Agency 203 - $3,752.43 for a total amount of $387,751.64. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the regular meeting at 8:52 P.M. and reconvened to the previously called Executive Session at 9:00 P.M.

Nancy C. Metzger
Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 9:30 P.M. No action was taken. Upon roll call - Ayes: All; Noes: None. Motion carried.