12/21/05


A Work Session of the Clarence Town Board was held on December 21, 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, and Director of Administration, Finance Pam Smith, Animal Control Officer Jerry Schuler.

Director of Community Development – James Callahan

Formal Agenda items:

Ranchview LLC 8850 Clarence Center Road
Applicant is requesting preliminary concept review of a 35 +/- lot subdivision and construction of a new road that loops through the property. Applicant is proposing the incentive lot design with 25% green space. The proposed site is located on the southwest corner of Clarence Center and Shimerville Road on existing vacant land consisting of 27+/- acres zoned Single-Family Residential. The property was previously zoned Agriculture and retains the rights to Agriculture Zoning as it is over 5 acres. Several areas of concern include sewer capacity, infrastructure extension, and impacts upon existing facilities including traffic impacts.

Cimato Enterprises – north of Roll Road, west of Newhouse Road
Applicant is requesting preliminary concept review of a 47-lot subdivision. The proposed site is located northwest of the intersection of Roll Road and Newhouse Road on existing vacant land consisting of 21.8+/- acres zoned Residential Single-Family and within Erie County Sewer District #5. Applicant is seeking approval for an Open Space Design Subdivision to accommodate a 47+/- lot patio home development. Several areas of concern include sewer extensions and capacity as well as the adequacy of services to accommodate the proposed use, including traffic impacts.

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 in a rural residential classification. There is an existing single-family residential home located on approximately 8 acres with 270’ +/- of road frontage in the Agriculture Rural Residential Zone.

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 and is surrounded by the Harris Hill Traditional Neighborhood District. The applicant does not have a project in mind at this time. Neighbors have presented a deed to the property showing that the deed indicates that the land is to be used for residential purposes only. It has been discovered that the condition in the deed lapsed after 15 years. Existing vegetative buffers to screen existing residential areas from Main Street corridor should be maintained. Town Attorney Bengart suggested that if the Town Board approves this request, bonding should be in place.

Greiner Road Associates - 8955 Roll Road
Applicant requests Concept Plan approval for a 4-lot Open Development Area with 2 frontage lots. The proposed site is located on the south side of Roll Road, east of Shimerville Road on existing vacant land consisting of approximately 29 acres zoned residential single-family. The applicant has received a Negative Declaration under SEQRA and has received a formal recommendation of approval from the Planning Board with conditions.

Joseph Vacanti – 8672 Stahley Road
Applicant requests a Public Hearing to consider a Special Exception Use Permit for an in-law apartment in the Residential Single-Family Zone. Applicant is proposing to construct a single-family residential structure with an in-law apartment and has identified that the apartment will be rented until in-laws are ready for occupancy. The proposed site is located on an existing vacant residential lot consisting of 117’ of frontage and .58 acres in the Residential Single-Family Zone. Per the Zoning Law, the Town Board may issue a Special Exception Use Permit to allow a secondary living unit however; occupancy is limited to family members, paid employees or a temporary guest of the principal homeowner. Town Attorney Bengart suggested a deed restriction limiting occupancy. Councilman McPherson suggested clarifying “paid employee.”

John Krantz – 9950 County Road
Applicant is requesting a building permit to construct an in-fill pole barn, connecting two existing structures currently occupied on the site. The proposed site is located on the north side of County Road, west of Strickler Road on approximately 4.4 acres in the Industrial Business Park Zone. Proposed construction is in conformance with pre-existing setbacks on the property. The building permit will be subject to Open Space Fees.

Domenic Piestrak – Spaulding Lake Subdivision
Applicant requests Final Plat approval for Spaulding Lake Subdivision Part IV, Phase V including dedication of approximately 350’ of Stonecliff Court to accommodate seven Planned Unit Residential Development (PURD) lots.

Work Session items:

Mark Ziemba 8290 Stahley Road
Applicant requests a Temporary Conditional Permit for an expanded home occupation for a landscape business. The proposed site is located on the north side of Stahley Road, east of Miles Road in existing Residential Single-Family Zone consisting of approximately 1.5 acres. Applicant has received a variance to construct an accessory structure and is in the process of moving a single-family residential unit to the property. Neighbors have forwarded concerns regarding outdoor storage of small dump trucks and the incomplete nature of the site.

Windsor Ridge Partners – Harris Hill Road, between Sheridan Drive & Greiner Road
Applicant requests preliminary concept review of a proposed 87-lot subdivision – Harris Hill Commons (February 8, 2006 meeting). Submittal as designed is for an incentive lot development with 25% open space identified in the design. The proposed site is located on the west side of Harris Hill Road between Sheridan Drive and Greiner Road. The property consists of approximately 81.3 acres zoned Single-Family Residential with Restricted Business Zone along Sheridan Drive frontage. The applicant has forwarded several different proposals throughout the past ten years – none of which have received concept approval. Issues of concern are infrastructure extensions and the adequacy of facilities will need to be determined including traffic issues along Harris Hill Road. Several Draft Environmental Impact Statements have been generated on various concepts for this land in the past. Segmentation will be an issue on the subdivision design as submitted as the Sheridan Drive and Greiner Road frontages are not identified in the submitted proposal.

Joe Nemmer 9330 Lapp Road
Applicant requests approval of a 2-lot minor subdivision. The proposed site is located on the north side of Lapp Road, west of Goodrich Road with existing residential home and barn located on 26.7+/- acres zoned Agriculture Rural Residential. Applicant is proposing to split the existing parent parcel, creating a new lot of approximately 8.76 acres with 150’ of road frontage. The proposed split is in conformance with existing land use regulations. Future home development on a newly created lot may require a setback variance.

John Peronne – Strickler Road, north of Greiner Road
Applicant is proposing a 230’ x 430’ single family lot meeting all minimum requirements. The proposed site is located on the east side of Strickler Road, north of Greiner Road adjacent to Forest Brook Farms.

Gene Jason – Greiner Road
Applicant is proposing a minor subdivision zoned Residential Single Family on 27 acres located east of Willow Brook on the south side of Greiner Road.

Rock Garden Properties 8880 Main Street
Applicant requests preliminary concept review of a 16-unit residential development in the Traditional Neighborhood District. The proposed site is located on the north side of Main Street, west of Shimerville Road located on 1.4+/- acres. Applicant is proposing to demolish the existing bungalow type units and construct 16 new units in 8 structures.

Casilio Companies 8755 Sheridan Drive
Applicant requests a Public Hearing to consider a Special Exception Use Permit for the development of a 38,342 square foot office building in the Restricted Business Zone. The proposed site is located on the south side of Sheridan Drive, east of Boncrest Drive on existing vacant land consisting of approximately 4.9 acres zoned Restricted Business. A Negative Declaration under SEQRA was issued on December 7, 2005. The Planning Board has forwarded a recommendation for an office building not to exceed 10,000 square feet. As identified by the MRC and Planning Board reviews, size and scale of the building is out of character to the surrounding uses. Supervisor Hallock stated that she received a request to set the Public Hearing tonight. Town Attorney Bengart stated that this does not follow normal procedure and normally he would suggest procedure be followed however after the first of the year Councilman elect Pat Casilio would have to recuse himself.

Frank Nicotra 10310 County Road
Applicant requests a Public Hearing to consider a Special Exception Use Permit for an in-law apartment in the Agriculture Rural Residential Zone. The proposed site is located on the north side of County Road, east of Strickler Road in existing single-family residential property located on approximately 1.98 acres with 150’ of frontage in the Agriculture Rural Residential Zone. Applicant is seeking approval to construct an in-law apartment in an accessory structure on the residential property. A Public Hearing will need to be scheduled to consider the Special Exception Use Permit for a secondary living unit. Occupancy is limited to family members, paid employees or temporary guests.

Supervisor Kathleen Hallock

At the last work session, Supervisor Hallock set the January work session for January 18. It will be changed to January 11@ 9:00 A.M. instead. The February through June morning work sessions will still be the first Wednesday of the month at 9:00 A.M.

Supervisor Hallock will make two transfers in General Fund.

Town Engineer Latona is recommending Hatch Acres Corporation be authorized to prepare re-bid documents for the Clarence Rails to Trails Project in accordance with their proposal dated November 30, 2005 for an amount not to exceed $5,000.

Supervisor Hallock has a resolution authorizing her to sign the Erie County Department of Senior Services Van contract between the County of Erie and the Town of Clarence for the year 2006.

Supervisor Hallock has a resolution authorizing her to sign a contract with Goodwin Electric Corporation and the Town for electrical work for the Standby Power Generator for the Engineering/Building and Highway Department.

Supervisor Hallock has a resolution authorizing her to sign a contract with Fox and Company to provide audit services to the Town.

Supervisor Hallock will announce that all residents should keep their sidewalks clear of snow and ice.

Supervisor Hallock will announce the resignation of Edwin Wren from Parks Security PT.

The Organizational Meeting will be held on January 4 and the ceremony for swearing in of elected officials is January 6, 2006.

The Town of Clarence has been notified of a Community Development Block Grant Program of $90,000 for sewer and sidewalk installation on West Avenue in the Hollow area.

At the Recreation Advisory meeting, the draft Parks & Recreation Master Plan was reviewed. The Committee asked that the Board also review the draft any comments will be accepted until mid January.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Ian McPherson

Councilman McPherson will report on the sex offender notification meeting he attended.

Councilman McPherson will also report on the gas light district contracts.

Councilman Scott Bylewski

Councilman Bylewski will announce several upcoming changes including price adjustments in Adelphia Cable service.

Councilman Bylewski received Leader Professional Services Status Report #109 for the review of Clean Harbors BDT LLC.

The Municipal Review Committee is recommending Lead Agency status on the proposed Arthur Fuerst Coffee Shop drive-thru at 9450 Main Street.

The Municipal Review committee is recommending Lead Agency status for the proposed Landscape and Tree Conservation Local Law.

Councilman Bylewski request that Town Attorney Bengart keep in contact with the DEC relative to the Heise/Brookhaven sewer.

Councilman Joseph Weiss

Town Engineer Latona is requesting a transfer of funds for Hatch Acres Corporation to prepare re-bid documents for the Rails to Trails Project.

The Building Department is requesting a transfer of funds for payment to the International Code Council.

Highway Superintendent Ted Donner is recommending the appointment of Doug Snyder.

Highway Superintendent Ted Donner is requesting a transfer of funds for the purchase of 2-one way snow plow blades.

Marty Root has been monitoring the pond levels at Town Hall. Compost was put into the pond to stop the water from draining.

Councilman Weiss is recommending the implementation of a procedural change with regard to use of the Clubhouse. There have been several instances where certain organizations do not properly fill out their application indicating the correct number of attendees or whether or not they will be using dishes etc. The Parks Department will now monitor each event and bill the applicant the correct fees for whatever additional services were used, payment will be made to the Town Clerk’s office. The Town Clerk will forward a monthly report to the Parks Department who will then do a follow up with any applicants regarding delinquent payments. Invoices over 90 days will be forwarded to the office of the Town Attorney.

Councilman Weiss met with Chuck Eckert regarding Day in the Park. Mr. Eckert has sent out letters to the business community in WNY and a letter will also go out to the Chamber of Commerce.

Councilman Bernie Kolber

Town Assessor David Folger is requesting approval to insert a 2006 information assessment letter in the Town and County tax bill. This has been done in the past and Town Clerk Nancy Metzger is aware of it.

Town Attorney Steven Bengart

Town Attorney Bengart gave a follow up on the report by Leader Environmental. Town Attorney Bengart spoke with Jeff Wittlinger and asked him specifically if we were done with the clean up of the BDT property. Jeff indicated that it meets all the standards that the DEC requires. It is not a pristine property there are levels of arsenic that are slightly above requirements however, the DEC is going to recommend closure. Mr. Wittlinger is aware that the project that is intended to be built on this site is a warehouse and there are no significant issues that the public should worry about based on the fact that another industrial business is being considered for this site.

Animal Control Officer – Jerome Schuler

Jerry Schuler informed the Board that he has taken possession of two horses and a pony involved in an animal cruelty case. The animals were seized several months ago and since the time for the owners to post bond has expired, the horses have become the property of the Town of Clarence. Due to the age and condition of the pony and the amount of work it will take to bring the pony back to good health Mr. Schuler is recommending giving possession of the animal to Anne Cimato. Taking into consideration the time and money that it has cost the Town to board the animals, Jerry is recommending an adoption fee of $400. per horse.

Motion by Councilman McPherson, seconded by Supervisor Hallock to establish a price of $400. for the adoption of each horse along with ensuring they go to a good home. The pony will be gifted to Anne Cimato. On the question, it was noted that the pony was in need of dental work. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the financial history of a particular person(s) and the employment history of a particular person. On the question, Supervisor Hallock asked Director of Administration and Finance Pam Smith and Councilman elect Patrick Casilio to attend the Executive Session. Upon roll call - Ayes: All; Noes: None. Motion carried.

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

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:10 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried.


Regular meeting of the Town Board of the Town of Clarence was held on Wednesday, December 21, 2005 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 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, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held November 9, 2005 as received. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to accept the minutes of the previous meeting held November 14, 2005 as received. On the question, Councilman Kolber said he was not present, so he will recuse. Upon roll call Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held December 7, 2005 as received. On the question, Supervisor Hallock amended page 273, 7th paragraph to read January 11, 2006 at 9:00 A.M. the Work Session will take place. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant the request for an additional and final extension of a temporary, unpaid leave of absence to Carol Walsh from her position as Senior Clerk in the Building Department for a period not to exceed ninety (90) ninety days commencing on and including January 3, 2006. The Town will not provide and/or pay for Carol Walsh’s health, vision and dental insurance and/or any other employee benefits during this period. On the question, Supervisor Hallock said the granting of this request is due to the extreme, extenuating circumstances for Ms. Walsh. Any additional requests by Ms. Walsh or other persons in the future will be taken on a case-by-case basis at the discretion of the Town Board. The Town board is not creating a precedence setting policy. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Hatch Acres Corporation to prepare re-bid documents for the Clarence Rails to Trails Project in accordance with their proposal dated November 30, 2005 for an amount not to exceed $5,000. On the question, Supervisor Hallock said the fee is to be paid from account A 1440.434 Professional Services. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to agree to pay the Annual Fire Hydrant Maintenance Fee to the Erie County Water Authority for all fire hydrants within Lexington Woods, Phase 3, Part 3. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize a transfer of $350 to A1410.424 Town Code Update from A 1410.434 Professional Services. On the question, Supervisor Hallock said the accounts are in the Town Clerk’s budget and the transfer was necessary because of additional legislation added to the code book after the contract agreement was made. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize a transfer of $850 to A 7550.419 Celebrations from A 1990 Contingency. On the question, Supervisor Hallock said this was to cover expenses for Day in the Park. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that Edwin Wren has resigned form Parks Security PT effective December 8, 2005.
          Supervisor Hallock is pleased to announce that the Town of Clarence has been notified of a Community Development Block Grant Program Award of $90,000 for sewer and sidewalk installation on West Avenue in the Hollow area. She thanked the Planning and Engineering offices for their assistance in the application process.

Supervisor Hallock reminded everyone that sidewalks should be kept clear of snow.

Supervisor Hallock said the Organizational Meeting will be held on January 4, 2006 and the swearing in ceremony of elected officials is Friday, January 6, 2006 at 7:00 P.M.

Supervisor Hallock said she received a communication from the attorney for Casilio Companies asking us to set a public hearing for January 18, 2006 to consider a Special Exception Use Permit. The Town Board determined tonight that they will not have enough members at that meeting as required for a vote on a Special Exception Use Permit. They will set the public hearing at the January 18th meeting.

Supervisor Hallock said she received an e-mail from Krislyn Co. LLC to formally say thank you to everyone in the Clarence Town Government for the unprecedented help in the development of their beautiful office building. They are first class folks, who in his opinion worked in awesome harmony with each other and them to make this difficult project a great success.

Supervisor Hallock acknowledged Councilman McPherson’s nine years on the Town Board and wished him good health, good luck and enjoyment in his retirement. She added that Councilman McPherson offered his help with any questions anyone may have over the next few months, which is very much appreciated.

Councilman McPherson recognized Rosanne Driscoll and the new president Jamie Keller of the Chamber of Commerce.
          Councilman McPherson also acknowledged two special friends who have sat in front of him at the meetings for a long time, Margie and Steve Dale.

Motion by Councilman McPherson, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved, that the Clarence Town Board authorized the Supervisor to sign the Erie County Department of Senior Services Van Contract between the County of Erie and the Town of Clarence for the year 2006.
          On the question, Supervisor Hallock said we refer to this as the Going Places Van.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said several months ago our Animal Control Officer Jerry Schuler seized a couple of abused horses. The waiting period for a bond application by the owners has expired. At the Work Session, the Town Board set a reclamation Fee of $400 for each horse for anyone interested in adopting them. Anyone interested can call the Supervisor’s office or Jerry.

Councilman McPherson said a meeting was held last week with Sheriff Deputy Sue Puma who heads up the County Sex Offender Notification Program. We are going to continue on with the program and coordinate the notification effort along with the Clarence School District, the Town and the Sheriff’s Department. Deputy Puma is very helpful in putting the program together. It is necessary to have procedures in place in case notification is necessary.

Councilman McPherson said we have been working on a new contract with National Fuel for the gaslight districts. There are 41 gaslights in the Town. The draft is under review by the Town Attorney.

Councilman Bylewski said a communication was received from Adelphia regarding upcoming changes and price adjustments. We also received a Notice of Proposed Retention, Assumption and/or Assignment of Agreements and Proposed Cure Amounts regarding Adelphia as part of their bankruptcy. Copies of these documents are available at the Town Hall.

Councilman Bylewski said we received Leader’s Status Report No. 109 regarding BDT. The report concluded that the majority of the comments relate to Report clarification issues and do not appear to justify the need for further sampling and testing. The facility operations and potential releases during the fire incident appear to have resulted in analyte levels in soil and groundwater that were not addressed as part of the ICM program. These levels appear to be below or slightly above applicable NYSDEC soil cleanup objectives and it is anticipated that NYSDEC will not require any further remediation at the Site. The wetland areas surrounding the site to the south and east may have been impacted by the facility operations over its period of operation and by the fire incident. The degree of this potential impact is unknown; however, based on analyte levels in the soil/sediment near the perimeter of the site, concentrations are not anticipated to exceed current NYSDEC TAGM levels. This concludes Leader Professional Services review of the site.

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 on the proposed Arthur Fuerst Coffee Shop Drive-thru located at 9450 Main Street. This Unlisted Action involves the construction of a 1,000 sq. ft. coffee shop with a drive-thru. 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 on the proposed Landscape and Tree Conservation Local Law. The Unlisted Action involves the adoption of a local law dealing with landscaping on new projects and tree conservation. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that we have an open period for submitting applications for appointment to the Planning Board, Youth Center Board and any other boards or committees residents may be interested in serving on through December 28, 2005 at Noon.

Councilman Bylewski extended well wishes and good luck to Councilman McPherson in his future endeavors.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Supervisor to sign a contract with Fox and Company LLP to provide audit services to the Town for a period not to exceed 5 years for the years ending December 31, 2006 through and including December 31, 2010 pursuant to the same terms and conditions as the present contract with Fox and Company dated February 26, 2002. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Supervisor to sign and where required, initial the contract between Goodwin Electric Corporation and the Town of Clarence for electrical work performed at the Engineering and Highway Department Buildings for the Standby Power Generator. The Town Attorney has reviewed the contract and approves of same as to form with the added Addendum No. 1. Upon roll call – Ayes: All; Noes: None. Motion carried

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the transfer of $300 from the Building Department account A 3620.430 Printing to A 3620.423 Books for payment to the International Code Council. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the transfer of $5,000 from Personal Services to A 1440.434 Professional Services and encumber the funds for payments to Hatch Acres. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation by Highway Supt. Ted Donner, Douglas Snyder of 6980 Goodrich Road be appointed to the open position of Maintenance Worker in the Highway Department effective January 3, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the transfer of $6,000 from DA 5120.1 and $3,800 from DA 5120.479 Bridge Funds to DA 5110.250 for the purchase of two one-way snow plow blades. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said the Conservation Council received questions regarding the depth of the pond on the Town Hall property. The water level was down and the Engineering Department put some mulch in there. People asked what the mulch consisted of. It was 15 year leaf compost material to try to stem the leakage. They have been and will continue to monitor it into the spring.

Councilman Weiss said letters will be going out soon requesting donations for Day in the Park. Last year these donations really helped get things going. Members of the Chamber of Commerce were very generous last year. They will extend to larger corporations in the Western New York area for next year.

Motion by Councilman Kolber, seconded by Councilman McPherson to grant permission for the Assessor to enclose the 2006 Informational Assessment Letter with the 2006 Town and County tax bills. On the question, Councilman Kolber said this has been done in the past and the Town Clerk is aware of the request. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber thanked Councilman McPherson for his service and wished him well. They did not always see eye-to-eye, but he always respected his opinion. He has learned a lot serving alongside him the last two years.

Town Clerk Nancy Metzger received the Extract of Minutes from the meeting of the Erie County Water Authority held November 28, 2005 amending the Tariff effective January 1, 2006. It includes rate increases and various other changes. A complete copy of the Tariff is on file in the Town Clerk’s Office.

Department Reports

Patricia Powers, Planning Board Chairman gave an informal report of the activities in 2005. They completed the new Zoning Law, Subdivision Law which were passed by the Town Board. Presently, they are reviewing the 3rd Draft of the Landscape and Tree Conservation Law, as well is the Municipal Review Committee and the Conservation Advisory Council. The Planning Board reviewed over 100 items during 21 meetings. The Executive Committee met close to 50 times. There were several special work sessions as well. They continue to appoint liaisons to other committees, which means about 10 additional meetings. It is a beneficial practice that they intend to continue.
          Ms. Powers said in January, the Planning Board, Municipal Review Committee and the Zoning Board of Appeals will begin a Land Use Training and Certification Program. The Planning Board plans to complete all nine of the tutorials and they invite the Town Board members to join in. She feels it would be beneficial to the Town if all of the boards were certified.
          The Planning Board will sponsor the showing of a video on January 9th entitled “Preserving Open Space with Conservation Subdivisions.” It will take place in the Town Hall Auditorium at 7:00 P.M. A brief discussion will follow the video. The public is invited to attend and participate.
          Supervisor Hallock thanked the Planning Board for all of the work that they do.

Patricia Powers thanked Councilman McPherson for his service to the Town. She appreciated that he came to the meetings prepared and ready to act.

Ranchview LLC requests Preliminary Concept Review of a 35-Lot Subdivision at 8850 Clarence Center Road. James Callahan said the property consists of approximately 45 acres zoned Residential Single-Family.
          Joe and John Rubino were present with their engineer.
          Councilman Bylewski said one concern with the applications is that the Town Board would like to see an alternate open space development design prior to review by the Planning Board.
          Councilman Kolber said he does not care for the layout presented. There is also the issue of sewer capacity and he hesitates until we know what we can handle.
          Joe Rubino said they are willing to work with the various boards regarding the design. They referred to the Town regulations regarding the size of the lots. They tried to do the incentive lots giving the Town 25% greenspace. Councilman Kolber said he would like to see more of a buffer surrounding the project.
          Joe Rubino said they are within Sewer District No. 6, which has an agreement with Sewer District No. 5. They have worked out the sewer issue with Amherst and Erie County Sewer and a letter is on file.
          Councilman Kolber said the concern is the sewer capacity going into Amherst. How can we go forward with other projects not knowing what capacity we do have?
          John Rubino said he has been in contact with the engineer from Amherst to figure out the capacity for this project. He has a letter from Paul Bowers form Amherst giving capacity for their project. In return, their company will do upgrades to the North French section of Amherst. The lots are at least 20 ft. deeper than what is required. They would be happy to put up a nice buffer along the streets.
          Councilman Weiss said he does not know how Mr. Bowers could write a letter when we do not know what the measurement at the juncture of Amherst is. We have agreements that we must fulfill first and until the capacity is determined, we do not know what that is. He was there last week with Erie County, Amherst, our Town Engineer and that capacity was not determined at that time. He was told by Joe Latona today that they are still working on it.
          Supervisor Hallock asked if it would come out in the SEQR review. James Callahan said yes. Supervisor Hallock said the Board wanted them to be aware that they have information that the capacity could be challenged. John Rubino said they are willing to take that risk. They are confident that they have worked things out with Amherst over the last couple days spending their money to help fix the problem.
          Councilman Bylewski said what they have been doing with other projects with sewer issues is that in order to go on to the Planning Board, is to have something in the file. They have a letter and he feels it is appropriate to go forward and flush out the sewer issues through the SEQR process.
          Councilman Kolber said the Town of Amherst does not have financial or legal obligations that Clarence does.
          Joe Rubino said the letter from Erie County Dept. of Environment and Planning dated December 16, 2005 state that there is capacity in Sewer District No. 5. He believes that with letters from Erie County Health Department, Erie County Sewer and Amherst, they could move forward. The project is in Sewer District No. 6, which has an agreement with Sewer District No. 5.
          Councilman Bylewski said other concerns as the project goes forward include condo status and restricting the size, and public vs. private roads. Also, infrastructure extensions and impacts on traffic and schools are issues.
          Motion by Councilman Bylewski, seconded by Councilman McPherson to refer the request for Preliminary Concept Review of a 35-Lot Subdivision at 8850 Clarence Center Road to the Planning Board. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

Cimato Enterprises requests Preliminary Concept review of a 47-Lot Subdivision north of Roll Road, west of Newhouse Road. James Callahan said the property consists of approximately 21 acres zoned Residential Single-Family.
          Sean Hopkins, Fred Cimato and Rob Pidanick were present. Mr. Hopkins said they believe this project meets the goals of the Zoning and Subdivision Laws. It is an open space design with 50% of the site being preserved as perpetual greenspace. There is greenspace along Roll Road and the area surrounding Gott Creek. The street is not a stub street, but an access for the residents to the greenspace area and for maintenance of the pond. They do not know at this time if they will propose condos or not.
          Councilman Kolber asked if this project would be part of the 1,000 taps included in the Heise/Brookhaven agreement. Mr. Hopkins said this project sponsor retains sizable sewer capacity, but they have not made a final determination.
          Councilman Weiss added the other concerns are impact on traffic, public vs. private roads, etc. Councilman Bylewski added that although this is a preferred design, there may be some changes to the configuration as the Planning Board reviews alternatives.
          Councilman Kolber said this is exactly what he is looking for in project design. His biggest concern is with sewer capacity. We do not want to be penalized if there is a shortfall in sewer capacity.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for Preliminary Concept review of a 47-Lot Subdivision north of Roll Road, west of Newhouse Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Metzger Civil Engineering requests Preliminary Concept Review of a 3-Lot Open Development Area at 4180 Ransom Road. James Callahan said the location is the west side of Ransom Road, opposite Jones Road consisting of approximately 8 acres with 270 ft. of road frontage with an existing home.
          Michael Metzger representing the applicant said they would like to separate the existing home and the open development would be on the remaining 6.2 acres to the rear. The houses would be nestled back into the trees, with as little as possible being removed.
          Councilman Bylewski said it must be determined if the front lot is part of the open development.
          Michael Metzger said the design does comply with the Subdivision and Open Development regulations in that the existing driveway is over 100 ft. from the proposed driveway. There would be no interrelationship with the existing home and the proposed open development.
          James Callahan said there is enough road frontage with the critical issue being the driveway separation. He believes the split of the front lot could be taken care of through the open development process.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for Preliminary Concept Review of a 3-Lot Open Development Area at 4180 Ransom Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dan Singer requests a Clearing Permit for vacant land at 8353 Main Street. James Callahan said the location is at the corner of Main and Susan Drive consisting of approximately ˝ acre zoned Residential.
          Dan Singer, Greenbriar Drive and owner of Big Sing’s Ice Cream Shop said he would like to clear the brush and clean up the lot before the ground is frozen. He is in the process of determining if he can set up another ice cream shop at this location. If he is unable to set up the business, the lot would still be more attractive for resale. He would seed it in the spring.
          James Callahan said the long range plan includes this property in the Traditional Neighborhood District, which allows for residential and small scale neighborhood commercial use. The deed restriction, which has expired, was for this to be residential.
          Councilman Kolber said his concern is that if cleared, it would take away the buffer from the existing neighborhood. Mr. Singer said the first house has a fence in place and there are also evergreens along the property. He fully intends to maintain the trees. The lot has become a dumping ground and he would like to clean it up. He is willing to go on record to say that if he does not use it, he will seed it in the spring.
          Supervisor Hallock said she was told that there were cars for sale on that property. Mr. Singer said he called the person and told him it was his property and it had to be removed.
          Motion by Councilman McPherson, seconded by Supervisor Hallock to grant the Clearing Permit for vacant land at 8353 Main Street to Dan Singer. On the question, Councilman Weiss said he would like to add that it would be seeded by June 15th. Mr. Singer said that would be fine. Councilman Kolber said it was suggested to have a performance bond. Town Attorney Steven Bengart said that was because there was discussion regarding removing more than what is approved and he would have to replace the trees. Councilman Kolber said he would like to see a plan in place. Upon further discussion, Mr. Singer said he will submit a check for $5,000 as a deposit for all of the reasons stated above. Upon roll call – Ayes: All; Noes: None. Motion carried.

Greiner Road Associates requests Concept Plan Approval for a 4-Lot Open Development Area with two frontage lots at 8955 Roll Road. James Callahan said the location is on the south side of Roll Road, east of Shimerville Road consisting of approximately 29 acres zoned Residential Single-Family. Neil Kochis was present representing the applicants and he is aware and in agreement with the conditions.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicants, Greiner Road Associates, Concept Plan Approval of a 4-lot Open Development Area with two frontage lots at 8955 Roll Road subject to the following conditions:

  1. A proposed homeowners association must be presented to the Town Attorney for review and approval prior to Development Plan Approval.
  2. Any area within the project that is to remain undisturbed shall be protected by an orange fence during construction.
  3. Fire Hydrants are to be shown on the Development Plans.
  4. The driveway to be reoriented to save existing mature trees as identified on submitted tree survey.
  5. The Landscape Committee will review and approve the screening along the driveway using evergreen planting to effectively screen views from neighboring property.
  6. Subject to Open Space and Recreation Fees.

On the question, Councilman Kolber said he thinks this is a great type of project for the Town. Councilman Bylewski asked the applicant if he understands and is in agreement with the conditions. Mr. Kochis said yes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Joe Vacanti requests a Public Hearing to consider a Special Exception Use Permit for an in-law apartment in the Residential Single Family Zone at 8672 Stahley Road. James Callahan said the location is the north side of Stahley, an existing vacant lot consisting of approximately .58 acres.
          Joe Vacanti said the purpose is for future use by their parents, and in the interim for use by friends or family. They would not advertise or post rent signs. The apartment would be above the garage. There are other rental properties in the area. They have spoke to neighbors with no verbal objections.
          Motion by Supervisor Hallock, seconded by Councilman McPherson to set a Public Hearing for January 18, 2006 at 7:45 P.M. to consider the request for a Special Exception Use Permit for an in-law apartment in the Residential Single Family Zone at 8672 Stahley Road. On the question, Councilman Bylewski said our law prohibits them from allowing anyone to live there other than a family member, paid employee or a temporary guest. If it was rented out, it may be considered a two-family dwelling. Supervisor Hallock said this issue will be discussed again. Upon roll call – Ayes: All; Noes: None. Motion carried.

John Krantz requests a Building Permit for construction of an in-fill pole barn at existing business at 9950 County Road. James Callahan said the location is the north side of County Road, west of Strickler Road consisting of an existing landscape business on approximately 4.5 acres in the Industrial Business Park Zone.
          John Krantz said he is asking for a pole barn to connect the two existing structures to store peat moss and equipment. The structure would be 40’ x 50’ open on one side made of the same materials.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Building Permit for construction of an in-fill pole barn at existing business at 9950 County Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicant, Domenic Piestrak for Final Plat Approval for Spaulding Lake Subdivision, Part IV, Phase 5 including the dedication of approximately 350’ of Stonecliff Court to accommodate a 7-lot Planned Unit Residential Development (PURD) subject to the following conditions: 1. Open Space Fees and Recreation Fees. 2. Town Attorney review and approval of all required documents for the dedication of approximately 350’ of Stonecliff Court.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications - A. Clarence Soccer Club – Jan. 8 & 22, 2006; B. Cub Scout Pack 93 – Jan. 20 & Mar. 18, 2006; C. Clarence Youth & Recreation – Feb. 12, 2006; D. Boy Scout Troop 664 – Feb. 1, 2006; E. Clarence Girls Softball – Feb. 4, Mar. 11, Mar. 30 & Apr. 1, 2006; F. Scout Pack 27 – Feb. 11, 2006; G. Clarence Fillmore Cemetery – Feb. 22, 2006; H. Clarence Kiwanis Club – April 8, 2006; Legion Hall Applications - A. Donna Inzina – 1st & 3rd Wednesday and 2nd & 4th Thursday each month 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 15, 2005 are approved for payment: General Fund - $70,288.64; Highway Fund - $48,420.28; Water District - $42,228.19; Capital Fund - $406.45; and Trust and Agency 203 - $5,230.00 for a total of $166,573.56. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Steve Murtaugh, 5109 Willow Brook Drive spoke in appreciation and recognition of Councilman McPherson’s approximate ten years of service for the Town. He began working with him over the proposed sports center and then the Ethics Board in 1997. As liaison to that Board, he was very helpful. He has helped them over the last two years in Gas Light District No. 1. Mr. Murtaugh has always found Ian to be inspirational and knowledgeable. He thanked Ian on behalf of his wife and himself.

Joe Floss, 8050 Salt Road thanked Ian for the decade of service given to the Town. His dedication, preparedness and logical mannerism to handle difficult situations made this Town a better place to live. Mr. Floss wished everyone a Merry Christmas and Happy New Year.

Mike Metzger, 4090 Clardon Drive thanked Ian for his years of service. He had the ability to work hard and offer direction on projects. One thing that always stood out was his willingness to see a project through.

Jill Yonkers of Hodgson Russ said when she first started out as an attorney and appeared before the Town, Ian made her feel welcome.
          Ms. Yonkers is here representing the Clarence Youth Center. It is clear that this is a community that cares. She asked for a meeting with the Town Board. It appears there has been a lot of ineffective communication between the two boards. She thinks that there is a real opportunity to use the services that the center wants to provide. They want to operate the center on their own dime during the week and let the Town have it on the weekends. She believes it could be seen as irresponsible government if the Town did not take them up on their offer.
          Ms. Yonkers said she believes there are some operating, funding and financial issues that need to be discussed. The Center wants to know what funding opportunities are available for them. They maintain that the children would be best served with weekday programs.
          Supervisor Hallock asked if these were written down so that the Town Board could review them. Ms. Yonkers said yes they are and she would leave a copy.
          Ms. Yonkers said it is a very important issue. She wanted to pass along some of the Youth Center Board’s desires regarding their ability to provide youth services in the Town. They believe they have had limited abilities to do that over the past two years. They maintain that in the best interest of the children, the center be available five days per week. As a 501(c)3 corporation, they will continue to solicit funding necessary so that the Town will not be deprived of that service. They would like the Town Board’s support in funding and operation of services.
          There have been a number of issues that have come up regarding the personal property in the building. The parties need to sit down and address that. They want to thank the Parks Department and Building Department for maintaining the building and keeping it up to code. They have recently been told there may be some code deficiencies, which was surprising.
          They would like some liaison help in passing the information back and forth between the boards. There are some new members invited to the board who would like to continue the fund raising efforts and keep the services going. They would like to participate with the Youth Advisory Council. They do have the interest of the kids at heart and do not really want to go into litigation and ethical issues. She would be happy to set up a meeting and looks forward to working with the Town Board to discuss the issues.
          Town Attorney Steven Bengart asked for the record, if Ms. Yonkers was representing the 501(c)3 and she said that is correct.

Barb Guida said as a former councilman she can vouch for Ian’s many hours of dedication on behalf of the Town. He was a part of many things that happened in the Town including the original master plan, Main Street renovation, union negotiations, greenspace, etc. that made this a great Town. She thanked him for the four years they worked together on the Board. She wished everyone Happy Holidays and congratulated Councilman Bylewski on his re-election.

Councilman McPherson expressed his appreciation to the citizenry of the Town, and the employees of whom he has been able to work, for all of their dedicated efforts in making this a better community. He has lived here since 1965 and has 30 years of volunteer service to the Town from building press boxes for the High School, starting the soccer center, erecting press box at Sunset Park, and cable television. He has enjoyed every bit of it and leaves office very grateful of the opportunity to serve and he is proud of the accomplishments during that time. He knows that when he walks out the door for the final time, he is leaving the Town far better than when he got here.

Supervisor Hallock wished everyone happy holidays and a healthy, prosperous new year. There being no further business the meeting was adjourned at 9:10 P.M.

Nancy C. Metzger
Town Clerk