Clay Board Closes Hearing on Twin Mirabito Drive-Thrus After Planning Board Called Two Too Much for the Parcel
At its March 3, 2025 meeting, the Clay Town Board closed public hearings on Mirabito Energy Projects' side-by-side drive-thru Dunkin' Donuts and NBT Bank at Route 31 and Lawton Road after a fifth round of testimony, even as the applicant's own consultant said the Planning Board views two drive-thrus on one parcel as too much. The board also advanced two other Route 31-corridor zone changes, sent a scaled-down Laurel Springs senior housing project back for more review, and set a hearing on a new Byrne Dairy gas station.
Willow Bay shoreline, Onondaga Lake Park — photo:
Andre Carrotflower
(BY-SA 4.0)
▶Key Actions & Decisions
●• Closed, after hearings adjourned from October 21, November 18, December 16, 2024 and February 3, 2025, the public hearings on Mirabito Energy Projects/Kelly-Tobin Development Corp.'s special permits for a drive-thru Dunkin' Donuts (Case #1212) and drive-thru NBT Bank (Case #1213) at Route 31 and Lawton Road; no vote on the merits was taken.
●• Approved 6-0 the SEQR determination and zone change from RA-100 to O-2 Office with Highway Overlay for Seneca Savings' proposed financial facility at 5332 State Route 31 (Case #1218).
●• Approved 6-0 the SEQR determination and zone change from RA-100 to R-15 for Marc Lebiedzinski's 7985 Morgan Road property (Case #1219).
●• Adjourned 6-0 the Laurel Springs zone-change public hearing (senior housing scaled down from 71 to 60 units) to April 7, pending Town research into how the 55-plus age restriction applies to a resident's spouse or child under 55.
●• Adjourned 6-0 the Goguen Drive Realty special-permit hearing to April 7.
●• Adopted 6-0 a resolution scheduling a March 17 public hearing on Sonbyrne Sales/Clay-Dolshire Byrne Dairy's proposed gas station and convenience store at 7190 Buckley Road (Case #1222).
●• Approved 6-0 reauthorizing the Town's Public Employer Mandatory Health Emergency Plan.
●• Approved 6-0 a contract with C&S Engineers, Inc. not to exceed $25,500.00 for the landfill post-closure environmental monitoring program, and a separate $16,000.00 agreement with the same firm for groundwater sampling and inspection at the Maider Road Waterfront site.
●• Approved 6-0 participation in the CNY Regional Planning & Development Board's stormwater compliance assistance program at a flat fee of $3,600.00 per municipality.
●• Heard, with no vote taken, MCFD's Mark Goettel raise a LOSAP benefit-increase request — to $30 per qualifying year of service, with the eligibility age dropped from 62 to 60 — that he said has gone unanswered by the Town since he first raised it in 2021.
Five months after Mirabito Energy Projects first asked the Clay Town Board to approve a drive-thru Dunkin' Donuts and a drive-thru NBT Bank on the same 9.57-acre parcel at Route 31 and Lawton Road, the board closed the public hearing on both applications March 3 without taking a vote on the merits. It was the fifth hearing session on the project since October, and it ended with the applicant's own consultant acknowledging that the Planning Board considers two drive-thrus on one site too much for the parcel.
Matt Napierala of Napierala Consulting, appearing with engineer Gordon Stansbury and Mirabito representatives Jim Ballantyne and Joe Miller, walked the board through a reworked traffic plan meant to answer concerns raised at earlier sessions. Access from Route 31 would now be right-in, right-out only, with full turning access moved to Lawton Road, realigned to meet Crabtree per the recommendation of NYS DOT. Napierala described, turn by turn, how cars would loop behind the building to reach the Dunkin' Donuts order and pickup windows, and separately to reach the NBT Bank teller window, before exiting back onto Route 31 or Lawton Road.
Stansbury put numbers to the plan: seven cars of stacking before the order board, five more to the pickup window, and five car-lengths of stacking at the bank window, with 30-inch lanes he said leave room to bail out. He estimated 100 to 150 cars an hour for the gas pumps, convenience store and attached Subway; 40 to 50 an hour for the Dunkin' Donuts; and 10 to 15 an hour for the bank, based on a traffic study conducted during both the morning and afternoon school-session rush.
Councilors pressed on what the plan didn't settle. Young asked about pedestrians crossing between the fuel pumps and the store. Wisnowski raised the mix of traffic and school buses at peak hours. Pleskach asked whether the road would be reinforced for the 18-wheelers and other large vehicles the site would draw, and warned that a future tenant on the parcel's undeveloped east side — a McDonald's, for instance — could upend the traffic study entirely; Napierala said any road reinforcement would be worked out with the Planning Board at site plan review. Representatives of the MCFD asked about right-in, right-out access for fire apparatus, the location of the nearest hydrant and where large trucks would park; Napierala said the site's fueling area is not built for tractor-trailers and has no dedicated truck spaces, but that Mirabito would meet with the fire chief directly.
Magaro-Dolan returned to renderings she had requested earlier and asked, pointedly, whether Mirabito would still build if the board denied one of the two applications. Napierala said the company's decades-long partnership with Dunkin' Donuts meant it would proceed with that use alone if the bank were rejected — and it was in that exchange that he told the board the Planning Board felt two drive-thru services were too much for the parcel. He also promised a side-by-side comparison to the Byrne Dairy at Buckley Road and Henry Clay Boulevard that Young had asked about; it was filed with the Clerk's office four days after the meeting.
The same night, the board approved zone changes clearing the way for a Seneca Savings financial facility on Route 31 and a residential subdivision on Marc Lebiedzinski's Morgan Road land, and scheduled a March 17 hearing on yet another gas station and convenience store, this one proposed by Sonbyrne Sales for the Byrne Dairy chain on Buckley Road — a reminder that the Mirabito debate over how much drive-thru and fueling traffic one parcel can absorb is playing out against a wider run of commercial applications along the town's corridors.
A separate senior-housing proposal, the Laurel Springs project on West Taft Road, came back smaller than the version the board rejected in August 2024 — 60 units instead of 71, all in one building under three stories, with no direct-entry garages proposed. But councilors could not get a clear answer on whether the development's 55-and-over age restriction would bar a resident's younger spouse or child from living there, and adjourned the hearing to April 7 while the Town looks into it.
The board also closed out a slate of routine business: reauthorizing the Town's public-health-emergency plan, awarding two contracts to C&S Engineers for landfill monitoring and groundwater sampling, and signing on to a regional stormwater compliance program. All passed 6-0. The Mirabito special permits, the Laurel Springs hearing and the Goguen Drive Realty hearing are all due back before the board April 7; the Byrne Dairy hearing is set for March 17.
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 Town Board Meetings
On the Same Route 31 Parcel, Clay's Board Splits 6-1 Twice — With a Different Dissenter Each Time
●• Case #1212 — Mirabito Energy Projects/Kelly-Tobin Development Corp., drive-thru coffee shop, Route 31 at Lawton Road (Tax Map 077.-34-17.1, +/-9.57 acres): environmental determination passed 7-0; special permit approved 6-1, Councilor Pleskach voting no.
●• Case #1213 — same applicant, same 9.57-acre parcel, drive-thru bank: environmental determination passed 7-0; special permit approved 6-1, Supervisor Ulatowski voting no (Pleskach voted yes on this one).
●• Opened a public hearing on Case #1222, Sonbyrne Sales/Byrne Dairy's proposed convenience store and 10-position gasoline station at 7190 Buckley Road (+/-2.47 acres); after residents raised traffic, retention-pond, trash and privacy concerns, the board adjourned the hearing to April 21 at 7:35 p.m.
●• Closed a public hearing on Onondaga County Community Development Funds with no public comment beyond a question about where the allocation would be posted; Supervisor Ulatowski said past awards to the Town have run between 50 and 200 thousand dollars.
●• Voted 7-0 to schedule an April 7 public hearing (7:35 p.m.) on Case #1223, Northern Credit Union's request to rezone 5004-5008 West Taft Road from PDD/R-10 to NC-1 for a bank/credit union with drive-in service.
●• Voted 7-0 to schedule an April 7 public hearing (7:38 p.m.) on Case #1224, McDonald's USA LLC's special permit for a drive-thru restaurant at 4979 W. Taft Road.
●• Adopted the Standard Work Day Reporting resolution for elected and appointed officials in the state retirement system, 7-0.
●• Approved a sewer lateral connection for Empire Management of CNY/Brew Team NY at 3906 Brewerton Road into the Fay Road Sewer District, at no cost to the Town, contingent on a $700 fee; passed 7-0.
●• Approved settlement of the Ranalli Generations LLC tax certiorari action, reducing the assessment on the 4155 State Route 31 out-parcel (Great Northern) from $294,261 to $83,500 for the 2022 tax year, with the Town's refund liability capped at $15,000; passed 7-0.
●• Meeting adjourned at 8:13 p.m., 6-0.
Clay Rewrites Noise Law to Fix a Typo — and Leaves No End Date on Micron Construction Noise
●• Town Board held a public hearing on Local Law No. 1 of 2025, correcting a mis-cited noise-code section (152-4 H, not 154-4 H) that exempts construction and demolition noise in Industrial 2 zones — home to the Micron project — with no stated end date; the hearing closed with no recorded adoption vote, and written opposition was filed with the Town Clerk.
●• Residents Janet Rathburn and Mike LaPointe questioned how long and how extensive the noise exemption would be; Councilor Ryan Pleskach said he has asked the state DOT about sound barriers along Routes 481 and 31 but that the state has so far been resistant.
●• Board voted 7-0 that a proposed Summit Federal Credit Union branch at 5047 West Taft Road would have no significant effect on the environment, then denied, 6-0 (Councilor Edward Wisnowski abstaining), the zone change needed to build it, citing traffic and the unsignalized Cedar Post intersection.
●• Edward Wisnowski was sworn in to fill Luella Miller's unexpired Town Board term (to 12/31/2027); later in the meeting, Vivian Mason was appointed Zoning Board of Appeals chair to fill the seat Wisnowski vacated (to 12/31/2025).
●• Approved, 7-0, the petition establishing the Delta Sonic Sewer District Contract No. 1.
●• Adjourned, at the applicant's request, two Mirabito Energy Projects/Kelly-Tobin drive-thru special permit hearings (coffee shop and bank, Route 31 at Lawton Road) to March 3, 2025, 7-0 each.
●• Closed public hearings without a vote on the Seneca Savings Financial Facility zone change (5332 State Route 31) and the Marc Lebiedzinski zone change to subdivide a Morgan Road parcel.
●• Scheduled a March 3, 2025 hearing, 7-0, on the Laurel Springs zone change for senior housing on West Taft Road, a project the board denied under a different case number in August 2024.
●• Approved, 7-0 each, a $285,000 John Deere wheel loader and $685,000 in Western Star plow trucks for the Highway Department, plus matching bond resolutions.
●• Approved, 7-0, installation of two fire hydrants on Devitt Circle, paid for by developer Dan Bargabos, with the Town to be billed $92.96 per hydrant annually.
Accident Count Climbs From 4 to 25 as Clay Board Adjourns Two West Taft Road Hearings
●• Adjourned the Northern Credit Union zone change hearing (Case #1223, 5004-5008 West Taft Road) to April 21 at 7:44 p.m., after residents raised property-value and traffic concerns and the applicant agreed to explore O-2 office zoning instead of NC-1. Ayes 7, Noes 0.
●• Adjourned the McDonald's USA special permit hearing (Case #1224, 4979 W. Taft Road) to May 5 at 7:41 p.m., after the applicant's initial count of four accidents on the stretch was corrected to 25 total accidents in three years. Ayes 7, Noes 0.
●• Adjourned the Goguen Drive Realty special permit hearing (Case #1220) to May 5 at 7:38 p.m., at the applicant's request. Ayes 7, Noes 0.
●• Closed the public hearing on the Laurel Springs zone change (Case #1221) — previously denied under Case #1205 in August 2024 — after the applicant reduced the proposal to 12 units per building and received a positive Planning Board recommendation; no vote recorded.
●• Called an April 21 public hearing on the Seneca Savings Financial Facility special permit (Case #1225) for a bank/credit union with drive-thru on Route 31. Ayes 7, Noes 0.
●• Called an April 21 public hearing on the Justin's Canine Campus special permit (Case #1226) for a dog daycare at Marketfair North Plaza on Route 31. Ayes 7, Noes 0.
●• Renewed the Adult Crossing Guard Services contract with All City Management Services for one year at $33.59/hour per guard, based on 1,980 hours, not to exceed $66,508.20/year. Ayes 7, Noes 0.
●• Called an April 21 public hearing on 2025 Community Development Block Grant funding, after a Highway Superintendent reassessment prioritized repairs to Woodward Way and Winchester Drive over Steelway Blvd. South, now pushed to 2027. Ayes 7, Noes 0.
●• Called an April 21 public hearing on 2026 Community Development Block Grant funding for Maltage Drive and Goguen Drive, application due April 11, 2025. Ayes 7, Noes 0.
●• Approved the Town's 2025 funding application and five-year plan with Onondaga County Community Development, and a joint application renewing Onondaga County Soil and Water Conservation's permit to hand-pull water chestnuts from the Seneca River in 2026. Ayes 7, Noes 0 (both).
Wrong Permit, Wrong District: Clay Board Punts Contested Fuel-Tank Storage Case to Planning Board
●• Denied McDonald's USA's Special Permit for a drive-thru at 4979 Taft Road (Case #1210), 6-0, ruling the application abandoned after five adjournments dating to August 2024; no one appeared for the applicant.
●• Renewed Casual Estates LLC's 2025 license for the Madison Village Mobile Home Court, 6-0, contingent on renewal fees; the Town Clerk confirmed payment was received.
●• Opened a public hearing on a proposed sewer district to serve a planned Delta Sonic carwash on Route 31, to be built and paid for entirely by Delta Sonic and later dedicated to the town; closed without a recorded vote.
●• Continued a contested hearing on Goguen Drive Realty LLC's special permit to store empty fuel tanks used on the I-81 construction project, after councilors said the S-1 permit type isn't allowed in the I-1 district and residents cited safety concerns and a prior code violation; referred to the Planning Board and adjourned the hearing to March 3, 2025, 6-0.
●• Approved installation of three stop signs, creating a three-way stop, at the northern intersection of Mediator Way and Weller Hall Place, 6-0.
●• Scheduled a Feb. 3, 2025 hearing on Local Law No. 1 of 2025, re-filing a construction-noise exemption for Industrial 2 districts after the original version (Local Law No. 3 of 2024) was mistakenly enacted under a code section that doesn't exist; Councilor Bick took responsibility for the error, 6-0.
●• Released $27,142.11 in performance securities to Superior Waste Removal for trash and brush districts, 6-0.
●• Adjourned at 8:21 p.m., 6-0.
Clay Board Hears Three Separate Bank Drive-Thru Applications in a Single Meeting
●• Approved SEQR findings and adoption of the Laurel Springs zone change (Highway Commercial to Senior Residential) for a senior housing project on +/-4.74 acres at W. Taft Road. Ayes 6, Noes 0 (both votes).
●• Adjourned the Sonbyrne Sales, Inc./Clay-Dolshire Byrne Dairy special permit hearing to May 5 at the applicant's request. Ayes 6, Noes 0.
●• Opened the Seneca Savings Financial Facility special permit hearing for a bank with drive-thru at 5332 State Route 31, referred it to the Planning Board, and adjourned to May 5; the minutes do not record a vote tally on the adjournment itself.
●• Opened the Justin's Canine Campus special permit hearing for a dog daycare at 4112 State Route 31 (Marketfair North Plaza) and learned the site had been advertised at +/-15.06 acres when the actual tax parcel is 0.345 acres; board did not require re-advertising since the real footprint is smaller. Adjourned to May 5. Ayes 6, Noes 0.
●• Held a public hearing on 2025 Community Development Block Grant funding and shifted urgent paving priority to Woodward Way and Winchester Drive, pushing Steelway Blvd. South to 2027.
●• Held a public hearing on 2026 CDBG funding covering Maltage Drive and Goguen Drive; Deputy Supervisor Bick said eligibility is based on residential mean income.
●• Heard renewed neighbor objections on the Northern Credit Union zone change (W. Taft Road) over traffic and privacy; applicant had already revised the plan to an O-2 Office District request with a larger buffer. Adjourned to May 5. Ayes 6, Noes 0.
●• Called a May 5 public hearing on a Canandaigua National Bank special permit for a drive-in bank on +/-74.82 acres of Oswego Road land. Ayes 6, Noes 0.
●• Approved a $656,184.00 transfer from the Capital Reserve Account to buy two 2025 Western Star plow trucks for the Highway Department. Ayes 6, Noes 0.
●• Approved a drainage easement agreement with 3567 RT 31 TT, LLC and an easement/stormwater maintenance agreement with KRSM, LLC on Buckley Road. Ayes 6, Noes 0 (both).
A Duplicate Address Produced the Only Split Vote on Clay's Reorganization Night
●• Swore in newly elected Councilor David Capria and adopted Roberts Rules of Order and a 2025 meeting schedule (first and third Mondays, 7:30 p.m.), Ayes 6, Noes 0
●• Set 2025 salaries for town officers, from $20,600 for councilpersons to $112,555 for the Highway Superintendent; the Commissioner of Planning & Development line was listed as "PENDING." Ayes 6, Noes 0
●• Retained Germain & Germain for $18,000.00 as Zoning Board of Appeals attorney and Bond, Schoeneck and King for $36,000.00 as Planning Board attorney for 2025, both Ayes 6, Noes 0
●• Voted 5-1 (Councilor Pleskach opposed) to call a Jan. 22 public hearing on Goguen Drive Realty, LLC's special permit application for bulk storage of a 1,000-gallon fuel tank at 7835 Goguen Drive — the only non-unanimous vote of the night, after resident Janet Rathburn asked why the application shared an address with a pending case
●• Adjourned the public hearing on two additional stop signs at Mediator Way and Weller Hall Place to Jan. 22, as the board weighs a third sign and a three-way stop, Ayes 6, Noes 0
●• Called a Jan. 22 public hearing on a petition to form the "Delta Sonic Sewer District," Ayes 6, Noes 0
●• Closed the public hearing on Madison Village mobile home court's 2025 license renewal; the park reported 341 homeowners, 50 renters, and 65 additional homes proposed for spring
●• Approved a one-year contract with the Central New York Society for the Prevention of Cruelty to Animals for dog-control and animal-cruelty services, Ayes 6, Noes 0
●• Appointed Joseph Grispino Interim Commissioner of Code Enforcement at an $85,000 annual salary through Dec. 31, 2025, Ayes 6, Noes 0
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