Director of Community Development James Callahan Public ... · Mercedes-Benz of Buffalo 8500 Roll...

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A Work Session of the Town Board of the Town of Clarence was held on Wednesday, March 28, 2018 at Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Casilio called the meeting to order at 4:30 P.M. Members of the Town Board

present were Councilmember’s J. Paul Shear, Christopher Greene, Robert Geiger and

Peter DiCostanzo. Other Town Officials present were Assistant to the Supervisor Karen

Jurek, Town Attorney Lawrence Meckler, Town Engineer Tim Lavocat, Director of

Community Development James Callahan and Assistant Director of Community

Development Jonathan Bleuer,

Director of Community Development – James Callahan

Public Hearings:

Mercedes-Benz of Buffalo 8500 Roll Road

Applicant is seeking a Temporary Conditional Permit to allow for an automotive repair

shop within the existing accessory structure on the north side of Roll Road, west of Harris

Hill Road within a commercial use zone. Per the Zoning Law, the Town Board may

consider the automotive repair shop via a Temporary Conditional Permit after a required

public hearing. The Planning Board has forwarded a recommendation with several

conditions.

Theodore Hallac 7149 Transit Road

Applicant is seeking a permit to fill his vacant property located on the southeast corner of

Transit and Lapp Roads in the Swormville Traditional Neighborhood District. Per the

Clearing, Filling and Grading Local Law, the Town Board has approval authority to issue

fill permits. The Planning Board has completed a review on this project and has forwarded

a recommendation under SEQRA as well as an action on the permit. Conditions have

been recommended that ensure that the fill operation is conducted as per the local law

requirements. Per the Law, the Planning Board will have oversight responsibilities on this

project. An independent engineering proposal will be sought to provide required

oversight. Town Engineer Tim Lavocat suggested the Board reiterate the January 9th,

2018 memo sent to the applicant regarding compliance with the technical requirements.

Cimato Enterprises – Woodland Hills Subdivision

Applicant is seeking amended concept approval due to wetland encroachment. The

existing vacant land consisting of 52+/- acres is located on the south side of Greiner Road,

east of Harris Hill Road in the Residential Single Family Zone. The proposed subdivision

has been reviewed for 20+/- years and has received many actions through the years

including a Negative Declaration under SEQRA, rezoning to single family, concept

approval and a variance for reduced lot sizes in the Residential Single Family Zone. The

Town Board referred a proposed amended concept plan to the Planning Board in 2015

for review and recommendation. The original concept plan was approved by the Town

Board and any amendments must be approved by the Town Board. The Planning Board

has forwarded a recommendation with conditions.

Formal Agenda items:

Barbill Northtowns - 8326 Main Street

Applicant is proposing to rehabilitate the former restaurant and property and reopen under

new ownership. The proposed site is located on the north side of Main Street, east of

Westwood Road in a former restaurant (Old Red Mill) located within the Harris Hill

Traditional Neighborhood District. The property has been vacant for 2+ years and

rehabilitation will include significant changes to the exterior and overall site plan, Town

Board and Planning Board approval are required. The review will require Planning Board

approval on the overall site plan and Town Board approval on the architectural style.

Referral to the Planning Board will initiate formal review of the project. Supervisor Casilio

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said he would like to see a different type of material on the outside of the building besides

board and batten siding.

West Shore Brewing Company - 10995 Main Street

Applicant is proposing to add an outside dining element (beer garden) to the property.

The existing brewing company is located on the south side of Main Street at the Newstead

boarder in a business park located in the TND Zone. Outside dining may be considered

via a Temporary Conditional Permit. A public hearing will be required to consider the

permit. The Planning Board has reviewed the application and has forwarded a

recommendation with conditions.

Benderson Development – Eastgate Plaza - 5183 Transit Road

Applicant is proposing to conduct a Farmer’s Market within the parking area of the plaza.

The proposed site is located on the east side of Transit Road, south of Greiner Road at

existing shopping plaza located in the Major Arterial Zone. The outdoor sale of products

on a seasonal basis may be considered with a Temporary Conditional Permit. A public

hearing will be required to consider the use. The Planning Board has forwarded a

recommendation on the permit with conditions.

Work Session items for consideration April 11, 2018:

Eastern Hills Mall 4545 Transit Road

The Town is proposing to rezone the property to a Lifestyle Center District. The existing

shopping mall is located on the east side of Transit Road, north of Main Street in the

Major Arterial Zone. The proposal includes the existing Sears property as a part of the

overall project description. The property is identified in an area that will support the

proposed zoning change. Per the Zoning Law, the Town Board has final review and

approval authority to change zoning districts in support of the Comprehensive Plan. The

action to rezone the property is seen as the first step in a long process to support a cultural

change to the existing space. Referral to the Planning Board will initiate formal review of

this proposal.

David Huck - Rule 26 Restaurant 8230 Wehrle Drive

Applicant is proposing an outside dining patio as part of the restaurant use. The

restaurant is located on the north side of Wehrle Drive, east of Transit Road in existing

golf dome with previously approved restaurant use within the structure. Per the Zoning

Law, the Town Board may consider outside dining requests via a Temporary Conditional

Permit. A public hearing will be required to consider the permit. This site is a former

outside dining area for a former restaurant at this location.

Supervisor Patrick Casilio

Motions:

Amend the Fleet Management Policy – Vehicle Markings

Resolution in support of the School Safety Package proposed legislation

Approve Electronic Drop Off at Eastern Hills Mall on May 19, 2018

Amend 2018 Organizational Minutes regarding Longevity Payments

Amend the Town of Clarence Policy Manual

Supervisor Casilio has eliminated the Supervisor’s vehicle. Two town vehicles will be

equipped with E-Z pass. Town employees in need of use of a town vehicle should contact

Karen Jurek to make sure a vehicle is available.

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Supervisor Casilio has two items to discuss in Executive Session, acquisition of real

property and one Attorney-Client item.

Councilman Peter DiCostanzo

Motions:

Appoint Patrick Johnson to the Clarence IDA Board

Councilman DiCostanzo will meet with the Auditors and the Audit Committee Thursday

morning. A presentation will be given at the April 4th morning Work Session.

Councilman DiCostanzo had an insurance meeting with Kim Ignatowski, James Dussing

and James Burkard to review the Towns insurance. He was amazed to see the large list

of town assets that the town has insured. Joseph Floss will address the Town Board at

the April 4th morning Work Session.

Councilman DiCostanzo attended the Capital Projects meeting this morning, the big issue

is whether to stay in BANS (Bond Anticipation Notes – short term borrowing) or go to long

term Bonds, this will depend on interest rates.

Clarence Rotary Club is sponsoring an Easter Egg Hunt on Saturday, March 31st.

Registration will begin at 10:30AM.

The annual Fishing Derby is scheduled for April 14, 2018. On-site registration begins at

8:30AM.

Councilman Robert Geiger

Motions:

Approve Special Event Request – annual ride for Missing and Exploited Children

Approve Special Event Request – St. Mary’s 5K Chowder Chase Run/Walk

Councilman Christopher Greene

Motions:

Appoint Dog Control Officer PT

Approve request for Youth Bureau employees to attend Training Seminar

Authorize Supervisor to sign the UB MBA Consulting Group Statement of Work

Proposal and Consulting Agreement

Authorize Supervisor to sign Memorandum of Understanding with Genesee

Community College to allow for animals that are put up for adoption through

Clarence Animal Shelter to be spayed/neutered and receive immunizations at no

cost to the town

Councilman J. Paul Shear

Motions:

Approve Special Event Request – American Legion #838 Memorial Day Parade

Town Engineer Tim Lavocat

Town Engineer Lavocat sent a letter to residents on Greiner Road, Salt Road and Schurr

Road to inform them that survey crews will be in the area.

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Supervisor Casilio is obtaining estimates for repairs to the copper roof at town hall. The

roof has been leaking all winter.

The newly constructed storage shed at the library is complete. Because of the location

of the door, a walk-way will be constructed, a decision as to the material used will be

addressed.

The Planning Board Executive Committee met with owners of The Abby. They hope to

extend the current temporary parking lot behind the building to include 12-additional

parking spaces.

Motion by Supervisor Casilio, seconded by Councilman DiCostanzo to enter into

Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss the

employment history of a particular person(s) and § 105 (1) H the proposed acquisition of

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

There being no further business, the Work Session adjourned at 5:05PM.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Casilio, seconded by Councilman DiCostanzo to adjourn the

Executive Session at 5:55PM. Upon roll call – Ayes: All; Noes: None. Motion carried.

No action taken.

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Regular meeting of the Town Board of the Town of Clarence was held on Wednesday,

March 28, 2018 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Patrick Casilio called the meeting to order at 6:05 p.m. Pledge to the flag was

led by Councilman Christopher Greene, followed by a prayer given by Councilman Robert Geiger.

Members of the Town Board present were Councilmembers J. Paul Shear, Christopher

Greene, Robert Geiger, Peter DiCostanzo and Supervisor Patrick Casilio. Other Town officials

present were Director of Community Development James Callahan, Town Attorney Lawrence

Meckler and Town Engineer Timothy Lavocat.

Motion by Councilman DiCostanzo, seconded by Councilman Shear to accept the minutes

of the morning work session of March 7, 2018. Upon roll call – Ayes: Councilmembers Shear,

Geiger, DiCostanzo and Supervisor Casilio; Noes: None. Recuse: Councilman Greene as he was

not present. Motion carried.

Motion by Councilman DiCostanzo, seconded by Councilman Shear to accept the minutes

of the work session and regular meeting held March 14, 2018. Upon roll call – Ayes: All; Noes:

None. Motion carried.

Motion by Supervisor Casilio, seconded by Councilman Geiger to amend the Fleet

Management Policy that was adopted at the January 3, 2018 Town Board as per the attached

(Attachment 1).

On the question, Supervisor Casilio said the changes in the policy are the adjusting of the

size of the seals from 10 inches to 7 inches to 8 inches and requiring any changes in the vehicle

markings must be approved by the Town Board. The Fleet Management Policy is adopted annually

at the Town Organizational Meeting and is an attachment to the minutes. The motion provides

that the Policy may be amended by resolution by the Town Board.

Supervisor Casilio added that the Town leased new cars that are smaller and the 10 inch

seals did not fit.

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

Motion by Supervisor Casilio, seconded by Councilman Greene to adopt the following

resolution:

WHEREAS, the security of schools and the students within is of the utmost importance;

and

WHEREAS, a disturbing and growing trend in the United States has seen a rise in school-

based violence; and

WHEREAS, our municipalities and school districts often lack the available resources to

retain School Resource Officers in all of our school buildings; and

WHEREAS, School Resource Officers serve many roles for schools, including but not

limited to, providing law enforcement and investigation, developing crime prevention, training and

securing school personnel, establishing a working relationship with schools and students, assisting

students in conflict resolution, and being positive role models; and

WHEREAS, the New York State Senate has already adopted its School Safety Package of

legislation which includes Gallivan S.7810-A, S.7811, S.1144-A and S.7791, which would create

funding opportunities for school districts to provide Resource Officers, as well as adjust earning

limitations and Peace Officer status for retried police officers.

NOW, THEREFORE, BE IT

RESOLVED, that the Town of Clarence supports the School Safety Package, specifically,

Gallivan S.7810-A, S.7811, S.1144-A and S.7791 and asks the honorable members of the New

York State Assembly and the Governor of the State of New York to follow the example of the

New York State Senate and include funding for these necessary programs in this year’s budget and

provide our schools this valuable resource and security; and be it further

RESOLVED, that these mandated programs be fully funded by New York State with

specific, additional resources so as to not negatively, financially impact existing valuable

education programs; and be it further

RESOLVED, that a certified copy of this resolution be forwarded to Governor Andrew M.

Cuomo; Speaker of the Assembly, Carl E. Heastie; Senate Majority Leader, John Flanagan; Leader

of the Independent Democratic Caucus, Jeffrey Klein; Democratic Conference Leader, State

Senator, Andrea Steward-Cousins; Majority Leader of the Assembly, Joseph Morelle; Minority

Leader of the Assembly, Brian Kolb; the Western New York Delegation, Erie County Executive,

Mark Poloncarz and the Erie County Legislature.

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On the question, Supervisor Casilio said this Town Board hired its first School Resource

Officer who is a retired State Trooper this year.


Motion by Supervisor Casilio, seconded by Councilman Geiger that the Clarence Town

Board approves the Electronics Drop Off to be held at the Eastern Hills Mall at 4545 Transit Road

where electronic items can be dropped off from 9:30 a.m. to 1:00 p.m. on Saturday, May 19, 2018.

On the question, Supervisor Casilio said this event is sponsored by Senator Michael

Ranzenhofer, Spectrum and Sunnking to benefit student clubs at the Clarence and Williamsville

High Schools. Set up will begin at 8:00 and the packing up of the items will go to approximately

3:30 to 4:00 p.m. A list of acceptable materials that can be recycled can be found on line at

www.sunnking.com/acceptable-materials. This event will be held rain or shine. This is a drive-

through event and items being dropped off will be unloaded for you.

Councilman DiCostanzo added that it is a well-run event. The lines move along with

students unloading your equipment for you.


Supervisor Casilio announced that the white collar unit approved the contract about a half

hour ago.

Motion by Supervisor Casilio, seconded by Councilman Greene to amend the January 3,

2018 Organizational Minutes for Longevity Payments as follows:

Changes in Longevity Payment schedule for:

20-24 years of service - $1,225.00

25+ years of service - $1,425.00

On the question, Supervisor Casilio said the change in the Longevity Payments is due to

the adjustment to the Longevity Payments for full time employees (except for elected officials) in

the ratified White Collar Bargaining Unit Contract effective January 18, 2018 to December 31,

2021.


Motion by Supervisor Casilio, seconded by Councilman Greene to amend the Town Policy

Manual in the following sections:

a. Section 503 - Meal and Rest Breaks. Meal Breaks paragraph

b. Section 803 - Sick Leave. Accumulation paragraph

c. Section 806 – Medical Insurance. Wellness Incentive paragraph


Supervisor Casilio said approximately an hour ago it was announced that Uniland

Development is now a partner with Mountain Development, owner of Eastern Hills Mall. He

assumes their future plans are for a living center at that location. The Town of Clarence Planning

Department led by James Callahan and Jonathan Bleuer, with support of the Town Board, have

been working with Mountain Development to create an overlay district. He hopes to have it

rezoned in the future for the living center. He believes this will be the next big project in the

Western New York area. It will be a minimum of a ten year project that will have a major financial

impact on the Town of Clarence in terms of revenue, jobs and a better place to live. He is glad

that it is a local developer. We certainly did not want to see an abandoned mall.

Motion by Councilman DiCostanzo, seconded by Councilman Shear to appoint Patrick

Johnson to the Town of Clarence, Erie County, Industrial Development Agency effective March

28, 2018 and ending December 31, 2018.

On the question, Councilman DiCostanzo said this appointment is being made to fill one

of two vacancies on the Clarence IDA. Applications for anyone interested in filling the opening

can submit an application to the Supervisor’s office.


Councilman DiCostanzo announced that the Fishing Derby will be held on April 14th from

9 a.m. to Noon for kids 15 yrs. old and younger.

http://www.sunnking.com/acceptable-materials

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Councilman DiCostanzo said he attended the opioid prevention forum at the high school

last night. He thanked Legislator Ed Rath, Town Justice Michael Powers, Youth Director Dawn

Kinney and the school district for hosting it. There were hundreds of people in attendance. The

message that came out of it was be a parent, not your child’s friend, and think twice about the

prescriptions that you might be given and dispose of them when finished.

Councilman DiCostanzo reminded employees and members of committees who have not

returned their disclosure statements to do so.

Motion by Councilman Geiger, seconded by Councilman Shear to grant a Special Event

request for the 12th Annual Ride for Missing and Exploited Children to be held May 18, 2018

sponsored by the National Center for Missing and Exploited Children.

On the question, Councilman Geiger said the event will be a police-escorted bike ride

throughout Erie County beginning at approximately 7:40 a.m. at the Lamm Post on Wehrle Drive

in Williamsville and will pass through the Town of Clarence on various roads and times per the

submitted schedule. All the appropriate agencies will be notified. They expect about 150

participants.


Motion by Councilman Geiger, seconded by Councilman Shear to approve the following

Special Event request:

St. Mary’s Church 5K Chowder Chase Run/Walk to be held on Friday, July 20, 2018 from

7:00 p.m. to approximately 8:00 p.m. This is in conjunction with their Annual Picnic and there

are approximately300 people expected to participate.

On the question, Councilman Geiger said the Route will start at St. Mary’s Church on

Stahley Road and finish there as per the submitted map. All the appropriate agencies will be

notified.


Councilman Geiger announced that the Clarence Rotary is hosting an Easter Egg Hunt for

children 10 yrs. old and younger on Saturday, March 31st at the Clarence Town Park on Main

Street at 11:00 a.m.

Motion by Councilman Greene, seconded by Councilman DiCostanzo to adopt the

following resolution:

RESOLVED, that the Clarence Town Board hereby adopts the agreement between the

Town of Clarence and the Civil Service Employees Association, Inc., Local 1000 AFSCME, AFL-

CIO, Town of Clarence White Collar Unit of Local 815 for the period of January 1, 2018 to

December 31, 2021 and authorizes the Supervisor to execute same.

On the question, Supervisor Casilio thanked the White Collar Unit for resolving this in a

timely and amicable manner.


Motion by Councilman Greene, seconded by Councilman DiCostanzo that upon the

recommendation of Jerome Schuler, Corissa Decker is appointed to the position of Dog Control

Officer-PT effective April 5, 2018 at the rate of $14.7053/hour. Upon roll call – Ayes: All; Noes:


Motion by Councilman Greene, seconded by Councilman Geiger to approve the request of

Dawn Kinney, Executive Director of the Clarence Youth Bureau and Matthew Druar Program

Leader-Youth, to attend the Creating Inclusive Program Environments for Youth with Different

Abilities on Wednesday, April 11, 2018 from 8:30 a.m. to 2:30 p.m. at the Northtown Center at

Amherst in Williamsville, NY.

On the question, Councilman Greene said there is no charge for the training and the only

expense will be for mileage.


Motion by Councilman Greene, seconded by Councilman Shear to authorize the Supervisor

to sign the UB MBA Consulting Group Statement of Work and Consulting Agreement for the

Clarence Community Center Proposal subject to review and approval by the Town Attorney’s

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

Motion by Councilman Greene, seconded by Councilman Shear to authorize the Supervisor

to enter into an agreement with Genesee Community College Volunteer for Animals Program that

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would be implemented through the Town of Clarence Animal Control Department subject to

review and approval of the Town Attorney’s Office.

On the question, Councilman Greene said this program will allow for animals that are put

up for adoption through Clarence Animal Control to be spayed and receive immunizations at no

cost to the Town of Clarence at Genesee Community College for the purpose of teaching

Veterinary Technology Students as set forth by the American Veterinary Medical Associates

Accreditation Committee.


Motion by Councilman Shear, seconded by Councilman Geiger to grant the request for a

Special Event for the American Legion #838 Memorial Day Parade to be held on May 28, 2018,

beginning at 11:00 a.m. and ending at approximately 12:15 p.m.

On the question, Councilman Shear said the parade will begin at the Clarence Sr. High

School at 9625 Main Street and end at the Clarence Town Park at 10405 Main Street. In the event

of inclement weather, the parade will be cancelled and the memorial ceremony will be held in the

Town Park Clubhouse at 11:00 a.m. All the appropriate agencies will be notified.


Supervisor Casilio said we removed public participation from the agenda this year.

However, we will continue to give people the opportunity to speak on items other than during a

public hearing.

A Public Hearing was held to consider request for a Temporary Conditional Permit for an

automotive repair shop at 8500 Roll Road. James Callahan said the location is the north side of

Roll Road, west of Harris Hill Road consisting of a commercial use in the Commercial Zone. The

Planning Board has forwarded a recommendation with conditions.

Ralph Lorigo, attorney for Mercedes Benz said they would like to lease the 4,200 sq. ft.

building to be used for repair and maintenance service. There will be no collision or painting.

Customers will not come to this site. There will be six lifts used for service. They will apply for

a SPEDES permit from the DEC for use of the floor drain which is monitored. An oil and water

separator will be installed for proper discharge.

Mr. Lorigo said he believes they have addressed the neighbors’ concerns about traffic and

noise. The Planning Board addressed those issues with the conditions they set. The only condition

they would like to address is that seasonally they are open on Saturdays from 8:00 a.m. until 2:00

p.m. The other conditions are all acceptable to them. There are no large pieces of equipment that

would generate a lot of noise.

Supervisor Casilio asked if the owner of the building was here tonight. A concern came

up about the garbage piled up behind the building. It has nothing to do with this applicant.

Mr. Lorigo said it is his understanding that he is aware that he needs to be in compliance

with the Town in order to lease the building out. It is supposed to be cleaned up.

With no one else speaking to the subject, motion was made by Councilman Geiger,

seconded by Councilman DiCostanzo to close the Public Hearing. Upon roll call – Ayes: All;

Noes: None. Motion carried.

Motion by Councilman Geiger, seconded by Councilman Shear to adopt the following

resolution:

RESOLVED, that after a public hearing duly held on March 28, 2018 and after all

interested parties having been heard, the Clarence Town Board approves the request of the

applicant, Mercedes Benz of Buffalo for a Temporary Conditional Permit to allow for an

automotive repair shop at 8500 Roll Road subject to the following conditions:

1. Issuance of an Industrial State Pollution Discharge (SPDES) Permit from the

NYS Department of Environmental conservation (NYSDEC) prior to occupancy

of the space.

2. Identified parking spaces for the project are to be striped as per plan submittal and

Mercedes-Benz use shall be limited to use of these spaces.

3. No outside storage of parts and/or materials or any outdoor repairs of automobiles

allowed.

4. Overhead doors to remain closed during business hours with openings limited to

pulling vehicles in and out for repairs.

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5. Business hours limited to weekdays from 8:00 a.m. until 5:00 p.m., Monday thru

Friday; and 8:00 a.m. to 2:00 p.m. on Saturdays.

6. No collision or paint work on site.

7. Initial permit for one year.


A Public Hearing was held to consider a Clearing, Filling and Grading Permit for 7149

Transit Road. James Callahan said the location is the southeast corner of Transit Road and Lapp

Road consisting of approximately 3.45 acres in the Swormville Traditional Neighborhood District.

The applicant would like to fill the property to raise the grade. The Planning Board has forwarded

a recommendation with conditions.

Michael Metzger, engineer and Ted Hallac, applicant were present. Mr. Metzger said the

applicant has owned this property for a while. He rehabbed the existing structure and it is currently

an active commercial business. The site is about three feet below the grade of Transit Road. He

would like to bring fill in as it becomes available. He would like to develop the property at some

point in the future. They have submitted all of the required documents in compliance with Town

Code.

Mr. Metzger said there is an existing swale through the property that is just beyond where

the fill will be placed. It generally drains toward Lapp and Transit. They will strip the topsoil and

put fill in an area of about 140’ x 200’, grade it, put topsoil back and seed it. When it is graded,

they will pitch it back to the same natural areas. Erosion control measures are part of the package.

They will have a stabilized construction road.

Councilman Shear asked what the anticipated completion date is going to be.

Supervisor Casilio said according to the Code they have one year from date of issuance. If

he has to go over that, he would have to come back. We are trying to have everyone adhere to the

code.

Mr. Metzger said they have every expectation that they can comply.

Supervisor Casilio said he believes it will be a safer intersection after because of the drop

off that exists now.

Speaking to the subject:

Peter Filippi said he lives a few doors down from this site. He wanted to know where the

drainage will go from this property.

Mr. Metzger said the existing swale runs from south to north. They would construct a

swale along the south property line that would go toward the ditch on Transit and toward the ditch

on Lapp Road. It will be directed to those existing swales. They are not going to redirect water.

Jeff Hennard asked if there is an agricultural exemption on any of the land that will be

impacted by the fill.

James Callahan said there is not.

Mr. Hallac said what happens if he cannot get the fill.

Town Engineer Tim Lavocat said if the permit is issued, it is good for one year from today.

With no one else speaking to the subject, motion was made by Councilman DiCostanzo,

seconded by Councilman Greene to close the Public Hearing. Upon roll call – Ayes: All; Noes:


Motion by Councilman Shear, seconded by Councilman Geiger that pursuant to Article 8

of the Environmental Conservation Law, the Clarence Town Board issues a Negative Declaration

on the proposed Hallac Fill Permit located at 7149 Transit Road. This Unlisted action involves

the introduction of fill, in a controlled manner, to raise the grade of an existing vacant

property. After thorough review of the submitted application and Short Environmental

Assessment Form, including coordinated review and significant comments from NYSDEC and the

Town Engineering Department, it is determined that the proposed action will not have a significant

negative impact upon the environment. This determination is made based upon the required

permits and oversite necessary to ensure a properly controlled fill operation in conformance with

the Town of Clarence Clearing Filling and Grading Local Law.


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Motion by Councilman Shear, seconded by Councilman Geiger to adopt the following

resolution:



applicant, Theodore Hallac, for a Fill Permit under the Clearing, Filling and Grading Permit for

the property located at 7149 Transit Road, subject to the following conditions:

1. Permit subject to all conditions as identified by the Planning Board and as

outlined in Chapter 79 of the code of the Town of Clarence (Clearing, Filling and

Grading Local Law)

2. Hours of operation limited to 7:00 a.m. -7:00 p.m. Monday - Saturday.

3. The applicant will be required to post a performance bond, money or other

security acceptable to the Town to complete the work and all required

remediation, as per requirements in Chapter 79.

4. Including the Memorandum of Understanding from the Town Engineer dated

January 9, 2018.


A Public Hearing was held to consider the request for an amendment to the previously

approved Concept Plan for a 77-lot subdivision known as Woodland Hills Subdivision. James

Callahan said the location is south of Greiner Road, east of Harris Hill Road consisting of

approximately 52 acres in the Residential Single Family Zone. A Negative Declaration and

concept approval were issued in 2003. The applicant received a variance in 2005 for reduced lot

size. The Town Board created Sewer District No. 10 in 2010 to service this development. The

applicant requested an amendment to the concept plan in 2015 to address wetland encroachment.

The Planning Board forwarded a recommendation with conditions.

Speaking to the subject:

Jeff Palumbo, attorney for the applicant said they have been working on this for about 18

years. They have reduced the lots from 99 to 77, and made a better alignment of the roadway.

There were also changes in the wetlands over the years. They have no objections to the conditions

set forth by the Planning Board.

Councilman DiCostanzo asked if the 20 ft. setback referred to in condition 1 relates to the

lots in the upper right that would not be touched.

Jeff Palumbo said there is no rear lot drainage in the deeper lots. It is the smaller lots with

the rear lot drainage.

Jeff Hennard said he understands the 20 ft. difference. It is a known fact that the majority

of the houses on the west side of Meadowbrook Road have very wet rear yards most of the time.

He asked what will be done to mitigate or eliminate additional drainage onto those properties.

There was talk earlier on about sewers down Meadowbrook Road.

Jeff Palumbo said there will not be any extension of sewers down Meadowbrook. The

sewer will be somewhat closer, but will not impact the tax assessments for Meadowbrook. There

will be drainage ponds on the site. They are obligated under law to control run off. The water

goes where it goes. After the development, it should be somewhat better on this site.

Councilman DiCostanzo said the sewer will be closer. What could happen in the future for

Meadowbrook if they wanted the sewer connection?

Town Engineer Tim Lavocat said the sewer is constructed in a way to be able to pick up a

majority of Meadowbrook at some time in the future.

With no one else speaking to the subject, motion was made by Councilman DiCostanzo,

seconded by Councilman Shear to close the Public Hearing. Upon roll call – Ayes: All; Noes:


Motion by Councilman Shear, seconded by Councilman DiCostanzo to adopt the following

resolution:



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applicant, Cimato Enterprises, for an amended concept plan on the proposed Woodland Hills

Subdivision as per the submitted drawings from GPI received in the Planning and Zoning Office

on January 29, 2018, subject to the following conditions:

1. Development Plan Drawings to identify rear yard drainage for lots along the

eastern border of the property to be setback from the property line no less than 20'

to maintain undisturbed vegetation along this property line to buffer lots along

Meadowbrook Road.

2. Subject to a 30' easement on the Final Plat, along the Greiner Road frontage for a

future recreational trail.

3. Subject to Landscape Committee approval of a final Landscape Plan to include

two trees per lot and trees and/or vegetation along the berm at lots 19-28.

4. Shardale Road to be brought up to Town standards including the required

approval of the Town Highway Superintendent.

5. The common area along Greiner Road is to be kept in a natural condition and the

area on the west side of the proposed entry road allowed to come back to a natural

state after the required wetland mitigation activities are completed.

6. The conditions of all common areas controlled and maintained in accordance with

deed restrictions outlined in a Homeowners Association Agreement as approved

by the Town Attorney's Office.

On the question, Councilman Shear asked if the applicant understands and accepts the

conditions. Mr. Palumbo said yes they do.


Metzger Engineering/Barbill Northtowns requests Site Plan Approval, Architectural

Approval and a Temporary Conditional Permit for outside dining for a proposed restaurant

rehabilitation at 8326 Main Street. James Callahan said the location is the north side of Main

Street, east of Westwood Road consisting of a former restaurant in the Harris Hill Traditional

Neighborhood District. The applicant is proposing a rehabilitation of the property.

Clark Crook, owner was present with his engineer and architect. They are very excited

about this. Every project they have done was a restoration and he hopes everyone will be proud

of it when it is done.

Supervisor Casilio thanked him for coming to Clarence and believes it will be a welcome

asset.

Michael Metzger said the building was built in 1858. They are making significant

improvements to the building and the site. Parking will be removed from the front of the building.

There will be an entrance in on the east side and an exit on the west side. They have reached out

to the DOT for comments. Improvements will be made to the back parking area. They looking

into putting the utilities underground. The septic system will be vastly improved. The waterline

will be enhanced.

Michael Burger said they removed the previous additions and stripped it down to the

original farmhouse building. They propose a 750 ft. per floor patio addition. They propose an

addition along the side and back for bathroom facilities and a new kitchen. The stairs will be

relocated for access to the second floor.

Councilman DiCostanzo asked if they would consider a stone wall feature along the front.

Councilman Shear asked what the material is for the east side of the building. The Planning

Board will want to discuss the materials.

Mr. Burger said they have updated that somewhat already. It is a hardy material.

Motion by Councilman Greene, seconded by Councilman Geiger to refer the request of the

applicant, Barbill Northtowns, to the Planning Board to initiate a formal review to consider Site

Plan Approval, Architectural Approval and a Temporary Conditional Permit for outside dining for

a proposed restaurant rehabilitation at 8326 Main Street. On the question, Supervisor Casilio we

would like to add that they consider a stone wall feature along the front of the building and

clarification on the building materials that will be used for the additions. Upon roll call – Ayes:

All; Noes: None. Motion carried.

85

West Shore Brewing Company requests a Public Hearing to consider a Temporary

Conditional Permit for outside dining at 10995 Main Street. James Callahan said the location is

the south side of Main Street at the Clarence/Newstead border consisting of the existing brewing

company. The Planning Board forwarded a recommendation on the proposal.

Josh Dziomba said the material for the fence will be post and chain. Planter boxes will be

placed along the driveway area.

Motion by Councilman Geiger, seconded by Councilman Shear to set a public hearing for

Wednesday, April 25, 2018 at 6:15 p.m. to consider the request of the applicant, West Shore

Brewing Company, for a Temporary Conditional Permit for outside dining at 10995 Main Street.


Supervisor Casilio said he will allow people to speak on any item if they wish. The next

item is to set a public hearing at a later date for the public to speak.

Benderson Development requests a Public Hearing to consider a Temporary Conditional

Permit for a Farmer’s Market at Eastgate Plaza, 4972-5183 Transit Road. James Callahan said the

location is in the parking lot of the plaza behind Moe’s Restaurant.

Matthew Oates, engineer from Benderson said they have received a recommendation from

the Planning Board. They have addressed issues brought up by the Harris Hill Fire Department.

Mr. Oats said they are running the farmer’s market and will have a tent with an employee

on site. The list of vendors are people interested in being a part of the market.

Councilman Greene asked if any vendors are selling used or flea market type products.

Mr. Oates said absolutely not. They are requesting the use for May through October. If

the Town sees any questionable vendors, they should inform Benderson.

Supervisor Casilio said his concern is a flea market. They do have a farmers market in

East Aurora that they set up and take down each day. The barriers are cement and will be removed

and placed behind the building.

Supervisor Casilio said this is not a public hearing, but if anyone would like to speak they

are welcome. (A person from the audience said they will wait for the public hearing to speak.)

Motion by Councilman DiCostanzo, seconded by Councilman Shear to set a public hearing

for Wednesday, April 25, 2018 a 6:20 p.m. to consider the request of the applicant, Benderson

Development, for a Temporary Conditional Permit for a Farmer ‘s Market in the Eastgate Plaza

located at 4972-5183 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman DiCostanzo, seconded by Councilman Shear to approve the

following: Legion Hall Applications - A. Jennifer Pula – May 6, 2018; B. David and Joanne

Staley – July 1, 2018; C. Clarence Log Cabin Quilters – Oct. 27, 2018; D. Joseph Kwiatkowski

– Nov. 3, 2018; E. Joe Daigler – Nov. 9, 2018. Upon roll call – Ayes: All; Noes: None. Motion

carried.

Motion by Councilman DiCostanzo, seconded by Councilman Greene that after proper

audit and review by the Town Board, the following bills of March 22, 2018 are approved for

payment: General Fund - $128,351.09; Highway Fund - $63,398.92; Water District - $2,148.51;

Central Alarm - $236.83; Fire Protection Districts - $2,696.78; Drainage District - $384.34;

Lighting Districts - $669.56; Sewer Districts - $456,696.59; Capital Fund – $162,425.70; and Trust

& Agency 203 - $65.73 for a total amount of $817,074.05. Upon roll call – Ayes: All; Noes:


There being no further business, Supervisor Casilio adjourned the meeting at 7:25 p.m.

Nancy C. Metzger

Town Clerk

86

Attachment 1

VEHICLE MARKINGS- (Amended 3-28-18)

All town of Clarence vehicles (whether or not the vehicle is covered by other provisions of this

Policy) must be clearly marked. The Town seal must be on each vehicle as well as a vehicle ID

number and an American Flag. The Town seal is to be permanently placed on the driver and

passenger doors of all vehicles. The use of magnetic emblems is not allowed. The seals must be

at least 7 inches to 8 inches tall on all cars and SUV’s and at least 14 inches tall on all trucks, and

must be clearly visible from a reasonable distance. Any variations to this rule must be approved

by the Town Board. Officials may remove emblems temporarily for code enforcement, public

safety or other uses that require the town official to act in a discreet manner. Any changes in

vehicle markings must be approved by the Town Board. The decals will be provided by and

installed by the Highway Department or approved shop. Arrangements must be made to have

all vehicles clearly marked as soon as possible after the approval of this policy.

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