Backyard Chicken Request Splits a Clay Neighborhood; Zoning Board Defers Ruling, Then Clears an Unopposed Barn Variance
The Town of Clay Zoning Board of Appeals closed a divided public hearing on May 12 over a Tirrell Hill Circle family's request to keep pet chickens on a 0.30-acre lot without ruling, deferring the decision to a future meeting after residents split for and against. The same session saw the board unanimously approve, with no public comment at all, a Maider Road variance raising a detached garage's height limit from 25 to 27 feet.
Street intersection in the village of Liverpool — photo:
Giorgio Galeotti
(BY 3.0)
▶Key Actions & Decisions
●• Case #1971 (Alexa Dickson, 7783 Tirrell Hill Circle): sought an area variance to keep chickens as pets on a 0.30-acre lot, well under the 5 acres the code requires for farm animals; eight residents spoke, five in favor and three opposed, and written comments were also mixed; Chairperson Mason closed the hearing but deferred a decision to a future meeting — no vote taken.
●• Case #1972 (Andrew Selesky, 4014 Maider Road): sought an area variance to raise the maximum height of a detached accessory structure from 25 to 27 feet to build a barn; no one spoke for or against it; approved unanimously (Porter, Frantzis, Mason all in favor) on a motion by Mr. Porter, seconded by Mr. Frantzis, conditioned on substantial compliance with Exhibit "A."
●• Case #1967 (Northern Credit Union, 5004-5008 Taft Road): the applicant withdrew the application; no vote taken.
●• The board voted unanimously, on a motion by Chairperson Mason seconded by Mr. Frantzis, to classify all of the night's new actions as Type II under the New York State Environmental Quality Review process (SEQR) and issue negative declarations unless the board's attorney advised otherwise.
●• Approval of the April 14 minutes was postponed to the board's June 9 meeting because of pending corrections.
●• Members Karen Liebi and Chelsea Clark were absent; the meeting, called to order at 6:00 p.m., adjourned at 6:49 p.m.
The Town of Clay Zoning Board of Appeals spent most of its May 12 meeting on a request to keep chickens as pets in a residential neighborhood, then closed the hearing without deciding — leaving a divided group of neighbors to wait for a future meeting to find out whether the birds stay.
The case involves Alexa Dickson, who is seeking an area variance at her home at 7783 Tirrell Hill Circle. Town code requires a minimum of 5 acres to keep farm animals in the applicable residential district; Dickson's lot is 0.30 acres. Dickson, who described herself as a therapist, told the board the chickens are meant to help her 10-year-old son cope with anxiety, saying that cuddling with the chickens and other pets helps him build coping skills and that time outdoors is healing for him. Addressing the board's standard five-point test for area variances, she said the birds would not change the character of the neighborhood since they would stay in low coops, that no other method would meet her son's needs, that the request was not substantial, that any effect would be confined to her own yard, and she acknowledged that the need for the variance was self-created.
The audience was split. Neighbor Michelle Valerino said the Dickson children are respectful and that she has neither heard nor smelled the chickens, and Jason Spagnola, who lives directly across the street, said the same. Dan Radke, the applicant's father, cited Cicero and Manlius as towns that allow chickens in residential areas and asked that the family be given roughly 90 days to rehome the birds if the variance were denied. Josh Frost argued that growing food at home supports sustainability and self-reliance and urged the board to think beyond this single case to future residents. Job Dickson, the applicant's son, said the chickens don't fly away and that people get used to the smell over time.
Others raised objections. Cristina Constantino, who lives next door, said she is barred from having a fence and is concerned about wildlife the chickens could attract. Brenda Agundas, whose property backs up to the Dicksons', said her husband has leukemia and that she worries about disease risk given his compromised health; she also noted the boundary fence is failing. Richard Groll said he had already contacted the Town Board about the matter and had been in touch with Janet Oppenisado of Cornell Cooperative regarding chickens in residential neighborhoods; he listed early-morning noise, odor, predators and air quality among his objections. The board also received written comments on the case, some in favor and some opposed. Chairperson Vivian Mason closed the hearing but said a decision would come at a future meeting.
The board's other new case drew no debate at all. Andrew Selesky, of 4014 Maider Road, sought an area variance to raise the maximum height allowed for a detached accessory structure from 25 to 27 feet, to build a barn. No one in the audience spoke for or against it, and board members had no questions. Mr. Porter moved to approve the variance conditioned on substantial compliance with Exhibit "A"; Mr. Frantzis seconded, and on a roll call Porter, Frantzis and Mason each voted in favor, carrying the motion unanimously.
In old business, Northern Credit Union withdrew its application for variances at 5004-5008 Taft Road, ending that case without a vote. The board also voted unanimously, on a motion by Mason seconded by Frantzis, to treat all of the night's new actions as Type II under the New York State Environmental Quality Review process and issue negative declarations unless its attorney advised otherwise. Members postponed approval of the April 14 minutes to their June 9 meeting because of pending corrections there. Karen Liebi and Chelsea Clark were absent. The meeting, which Mason called to order at 6:00 p.m., adjourned at 6:49 p.m.
The Dickson chicken case remains open. With residents on both sides already on record and the hearing closed, the board's next move will be a vote — not another round of testimony — whenever it takes the case back up.
This article was drafted by AI (claude-sonnet-agent) from the official meeting transcript and reviewed by a human editor.
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Related Zoning Board of Appeals Meetings
Every Applicant Called the Hardship Self-Created. Only the Chickens Got Denied.
●• Case #1971 (Alexa Dickson, 7783 Tirrell Hill Circle): area variance to keep chickens as pets on a 0.30-acre lot, denied 3-0 (Porter, Frantzis, Mason in favor of denial); board found the request substantial and cited potential odor and noise in a "thickly settled" residential area
●• Case #1973 (Jennifer M. Dunbar, 7392 Henry Clay Blvd.): front yard setback cut from 75 to 65 feet and both side yard setbacks cut from 25 to 15 feet for a house and garage addition, approved unanimously; Code Enforcement Commissioner Grispino noted the addition is intended as an in-law suite
●• Case #1974 (Deborah A. Magaro-Dolan, 207 Riverdale Road): side yard setback cut from 7.5 to 3 feet and rear yard setback cut from 10 to 3 feet to replace an 8-by-10 shed with a 10-by-16 shed in the same spot, approved unanimously
●• Case #1976 (Robert Seniecle, 8867 Canter Drive): front yard setback cut from 25 to 7.5 feet for a new 16-by-26 attached garage, approved unanimously
●• Case #1978 (Neil Warner, 11 Mallard Path): rear yard setback cut from 10 to 3 feet for a new 10-by-14 storage shed, approved unanimously; two audience members raised their hands in favor during the hearing, the only public comment recorded at the meeting
●• Board accepted the April 14 and May 12 minutes as submitted
●• Board classified all new actions as Type II under SEQRA, exempting them from further environmental review
●• Meeting opened at 6:00 p.m. and adjourned at 6:20 p.m.; member Karen Liebi and attorney Robert Germain were absent, with Neil Germain appearing as attorney
Clay Zoning Board Approves Crossroads Park Security Fences the Applicant's Own Team Called Substantial
●• Case #1967 (Northern Credit Union, 3584 State Route 31): adjourned to the May 12, 2025 meeting at the applicant's request, pending revisions based on Onondaga County Planning Board recommendations.
●• Case #1968 (Sign Pro Inc./Community Bank, 7379 Oswego Road): Area Variance to increase allowable wall signs from two to four approved 3-0 (Frantzis, Liebi, Mason in favor), conditioned on substantial compliance with Exhibit A.
●• Case #1969 (Donald Shay/Crossroads Park Lot 1, 4611 Crossroads Park Drive): Area Variances reducing front yard setback from 25 to 10 feet and raising allowable front-yard fence height from 2 1/2 to 7 feet approved 3-0, conditioned on compliance with Exhibit A and the fence being chain link.
●• Case #1970 (Donald Shay/Crossroads Park Lot 2, 4615 Crossroads Park Drive): identical variances approved 3-0 on the same conditions.
●• In both Crossroads Park cases, the applicant's representative told the board the need for the variances was self-created and, unlike in the other cases heard that night, affirmatively stated the variances were substantial.
●• Chairperson Mason told a member of the audience that the Onondaga County Planning Board had not provided comment on the Crossroads Park applications.
●• Deputy Chairperson Liebi asked whether the proposed fence would be electric (no) and about material stored on-site; Interim Planning Commissioner Tessier confirmed the fence type as chain link.
●• The meeting opened at 6:00 P.M. and adjourned at 6:19 P.M.; Member David Porter was absent.
Clay Zoning Board Hears Contested Mirabito Gas Station Question, Closes Hearing Without a Ruling
●• Minutes of the June 9, 2025 meeting accepted unanimously
●• Routine SEQR motion: all new actions classified Type II with a negative declaration, unanimously carried
●• Case #1975 (Rotem Evron/Pinecrest Apartments, 7300 Cedar Post Road): area variance to reduce required land area and add four dwelling units — approved unanimously, 3-0
●• Case #1977 (Marc Lebiedzinski, 7985 Morgan Road): area variances reducing lot area and lot width to allow a two-lot subdivision — approved unanimously, 3-0, conditioned on compliance with Exhibit "A"
●• Case #1979 (Planning Board Chairman Russ Mitchell, on behalf of the Planning Board): requested interpretation of whether gasoline service stations/pumps are an allowed use within a "shopping center" in the HC-1 Highway Commercial zone, in connection with a Mirabito project; Mirabito's attorney argued the request was untimely under the 60-day statute of limitations and that gas pumps are permitted as of right; no vote was recorded — Chairperson Mason closed the hearing
●• Case #1980 (Nicholas R. Grevelding, III, 9141 Riverside Road): motion to approve a front-yard setback reduction (75 to 40 feet) and deny a side-yard setback reduction (25 to 10 feet) failed 2-1 on roll call (Mr. Porter and Chairperson Mason in favor, Mr. Frantzis opposed); a second motion to approve both setback reductions as requested was not seconded and also failed — no variance was granted
●• Meeting adjourned at 7:15 p.m.
Zoning Board Approves Pottery Class Permit on Caughdenoy Road, With One Condition: No Parking on the Road
●• Chairperson Vivian Mason called the meeting to order at 6:00 p.m.; Karen Liebi, Ryan Frantzis and David Porter were present, Alternate Member David Hess was absent.
●• Adopted the 2025 Scheduling Calendar, confirmed Karen Liebi as Deputy Chairperson, and acknowledged Chelsea Clark's Town Board appointment as Secretary and Robert Germain's (Germain & Germain) appointment as Attorney. Unanimously carried.
●• Accepted the December 14, 2024 minutes as submitted; noted the January 13 and February 10, 2025 meetings were cancelled for lack of business. Unanimously carried.
●• Adopted a blanket SEQR Type II negative declaration for all new actions taken at the meeting, unless the attorney advised otherwise. Unanimously carried.
●• Case #1966 — Timothy R. See, 8380 Caughdenoy Road: heard a request for a Special Permit under Section 230-13 A.(2)(d)[1] and Section 230-27 I.(2)(a) to hold pottery classes in a pole barn on his RA-100 Residential Agricultural District property.
●• Board members questioned the applicant on class size (about one student per week), septic and permit status, and the absence of a kiln; Mr. See described the classes as "build and destroy" based, with students not taking pottery home.
●• Chris Close, 5160 Lyle Drive, raised concern in public comment about students parking on Caughdenoy Road near a sharp, cattail-lined curve where he said many accidents occur.
●• Attorney Robert Germain noted Caughdenoy Road is county-owned and parking on it is prohibited; he also found the action Unlisted with a filed short-form EAF, no other permitting authorities involved, and no significant environmental effect requiring a DEIS.
●• Approved the Special Permit for Case #1966 with the condition of no parking on Caughdenoy Road. Roll call: Frantzis, Porter, Liebi and Mason all in favor. Unanimously carried.
●• Adjourned at 6:13 p.m.
Clay Zoning Board Writes a Ruling for a Mirabito Gas Station, Then Votes It Down 2-1
●• Case #1979 (Russ Mitchell, Planning Board Chairman, re: Mirabito Energy): motion to interpret the Town Code as allowing a gasoline service station within a Highway Commercial shopping center — Frantzis in favor, Porter in favor, Mason opposed. Motion Failed
●• The board declined to rule on Mirabito's objection that the appeal itself was untimely, calling that a question for a court
●• Case #1981 (Kirby Dar Dar, 7917 Morgan Road): rear yard setback reduced from 10 feet to 6 feet for an inground pool, approved 4-0
●• Case #1982 (Joseph Grispino, 706 Shaver Avenue): side yard setback reduced from 8.5 feet to 3 feet for a 20x30 garage, and rear yard setback reduced from 10 feet to 3 feet to relocate a 12x26 shed, approved 4-0
●• Case #1983 (Pack Rat Storage/Chad Parks): height variance allowing screening trees up to 70 feet where code caps structures at 2.5 feet, approved 4-0; resident Janet Rathburn spoke in favor
●• Case #1984 (Northern Credit Union, Kimbrook Square): setback reduced from 165 feet to 128.6 feet and a second freestanding sign approved (one allowed by code), approved 4-0
●• Case #1985 (Carl Hibbard Jr.): front yard setback reduced from 55 feet to 3.5 feet and side yard setback reduced from 18 feet to 5 feet for a detached garage, approved 4-0; neighbor Lisa Campagna's emailed concerns were resolved on site
●• Board classified all new actions as Type II under SEQRA and approved the July 14, 2025 minutes
●• Meeting opened at 6:00 p.m. and adjourned at 6:52 p.m.
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