Clay Zoning Board Approves Crossroads Park Security Fences the Applicant's Own Team Called Substantial
The Town of Clay Zoning Board of Appeals unanimously approved two Crossroads Park variances on April 14 for 7-foot chain-link security fences set 10 feet from the front property line, after the applicant's representative told the board the variances were substantial and self-created; the board also approved a Sign Pro/Community Bank sign variance and adjourned a Northern Credit Union bank-branch case to May 12.
●• 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.
The Town of Clay Zoning Board of Appeals spent barely 19 minutes on its April 14 agenda, but the shortest item on it carried the most candid admission of the night: the applicant seeking permission to build two oversized security fences at Crossroads Park told the board, through its own attorney's questioning, that the variances were substantial. The board approved them anyway, unanimously.
The requests came from Donald Shay for two adjoining Crossroads Park Drive properties, Lot 1 at 4611 and Lot 2 at 4615, both in the town's I-1 Industrial 1 Zoning District. Each needed two variances: a reduction in front yard setback from the required 25 feet to 10 feet, and an increase in allowable front-yard fence height from 2 1/2 feet to 7 feet. Pat Reynolds of Ianuzi & Romans, appearing on the applicant's behalf, told the board a temporary fence is already up at the site and the owner wants a permanent one to deter break-ins and secure the property. He compared the plan to the fencing at the old Rite-Aid warehouse and noted the industrial zoning of the area.
New York's variance process requires applicants to address five standards of proof, and on four of them Reynolds gave the board the answers it typically hears: no undesirable change to the neighborhood's character, no feasible alternative to a variance, no adverse effect on the area, and yes, the need was self-created. On the third standard, whether the variance itself is substantial, Reynolds said yes. That is the answer applicants elsewhere in the same meeting, and in Clay's zoning cases generally, tend to argue against. The board did not press the point further and moved directly to questions.
Deputy Chairperson Karen Liebi asked whether the fence would be electrified; the applicant said no, they don't believe they need to go that far. She also asked about poles visible on the ground at the site, which the applicant described as material for other jobs. Interim Planning Commissioner David Tessier asked what type of fence was planned, and Reynolds said chain link. From the audience, Mrs. Rathburn asked whether the Onondaga County Planning Board had weighed in; Chairperson Vivian Mason said the town had not received comment from the county on either application.
With no one else speaking for or against, the board closed both hearings and voted. Deputy Chairperson Liebi made the motion in each case, seconded by Ryan Frantzis, to approve the variances as requested on the condition that construction match Exhibit A and that the fence be chain link. Both passed 3-0, with Frantzis, Liebi and Mason voting in favor. Member David Porter was absent for the meeting.
Earlier in the session, the board took up Case #1968, a request from Sign Pro Inc. on behalf of Community Bank at 7379 Oswego Road to add two wall signs to the two already permitted there, for a total of four, so the building would be visible to traffic from the southwest and northwest. Kristine Braccidiferro of Sign Pro presented the request and, addressing the standards of proof, called the additional signage reasonable in scale and not substantial, while acknowledging the need was self-created. Attorney Robert Germain confirmed the property owner had signed the application. The board approved the variance 3-0, conditioned on compliance with Exhibit A.
The board also opened Case #1967, a request from Northern Credit Union to build a bank and credit union with drive-in service at 3584 State Route 31, which would need reduced setbacks for both the principal structure and the parking area. The applicant asked by email on April 10 to adjourn the case while it revises the plan based on recommendations from the Onondaga County Planning Board. The board granted the adjournment, pushing the case to its May 12 meeting.
The session opened at 6:00 p.m. with a unanimous vote to accept the March 10 minutes and a standing motion, proposed by Chairperson Mason, treating all new actions that night as Type II for purposes of the New York State Environmental Quality Review (SEQR) and eligible for a negative declaration unless otherwise advised by the board's attorney. It adjourned at 6:19 p.m.
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
Backyard Chicken Request Splits a Clay Neighborhood; Zoning Board Defers Ruling, Then Clears an Unopposed Barn Variance
●• 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.
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.
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
●• 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
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