Clay Planning Board Opposes Twin Drive-Thrus at Lawton Road Corner, But the Town Board Has the Final Say
The Town of Clay Planning Board polled six-to-one against special permits for a bank and a Dunkin drive-thru at the busy Lawton Road/Route 31 corner after five residents spoke in opposition, but its only formal vote was to forward those objections to the Town Board, which holds final authority over the referral.
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▶Key Actions & Decisions
●• Mirabito Energy Products (Cases #2024-048, #2024-049), Lawton Road at Route 31 — special permit referrals for drive-thru lanes at a proposed bank and coffee shop: after five residents spoke against the plan, six of seven board members individually said no in a hearing-floor poll (Palumbo held a mixed position, favoring the coffee shop drive-thru over the bank's); the board's formal action was a 7-0 vote to forward its members' comments and concerns to the Town Board, which controls the referral.
●• Trinity Assembly of God (Case #2024-032), 4398 State Route 31 — amended site plan: SEQR negative declaration adopted 7-0; site plan resolution adopted 7-0, conditioned on legal and engineering approval.
●• EV Charging Station/Panera (Case #2024-052), 3815 NYS Route 31 — amended site plan: SEQR negative declaration adopted 7-0; site plan resolution adopted 7-0.
●• McDonald's USA (Case #2024-041) special permit referral for the Cedar Post Road/West Taft Road corner was withdrawn after the Town Board denied it.
●• Summit Federal Credit Union (Case #2024-063), 5047 W. Taft Road — site plan adjourned to March 19; Chairman Mitchell objected that the applicant had altered the access design at County DOT's request without informing the board first.
●• Tully's Tenders (Case #2024-070), 3567 State Route 31 — drive-thru site plan adjourned to Feb. 26; members again raised concerns about the right-in/right-out access on Route 31, a configuration state DOT had already declined to change.
●• Inverness Gardens (Case #2025-001), 4938 West Taft Road — 88-unit senior housing site plan adjourned to Feb. 26 pending changes to dumpster placement and a clearer accounting of parking versus EV-charger spaces.
●• Five sign permits — Fastsigns (Carling Road), Urban Pho and Mochinut (Oswego Road), Eastern Shore Park (two signs) and Bank of America (two signs) — all approved 7-0.
●• Several other cases were adjourned without action: the Buckley Warehouse/KRSM subdivision matters (three cases) to March 19; Whitestone Apartments to Feb. 12 pending a signed agreement; Pack Rat Storage and the JW Didado expansion to Feb. 26; Syracuse Pistol Club to Feb. 12; and the Sears Property preliminary and final plats to March 19.
At the Town of Clay Planning Board's Jan. 29 meeting, Chairman Russ Mitchell polled the board by name on a proposed shopping plaza at the corner of Lawton Road and Route 31, and one after another, members said no. Six of the board's seven members individually opposed drive-thru lanes for a bank and a Dunkin coffee shop planned for the site. Yet the only motion the board actually voted on didn't reject anything — it simply agreed to pass those objections along to the Town Board, which will decide.
The applicant, Mirabito Energy Products, is proposing to turn the parcel's northern section into an approximately 6,650-square-foot plaza anchored by an NBT Bank, a Dunkin, a gas station with a convenience store, and a Subway, according to engineer Matt Napierala of Napierala Consulting, who presented the plan. The site would include 36 parking spaces and four EV charging stations, with two drive-thru lanes positioned so that vehicles exiting the bank's lane would sit next to vehicles entering the coffee shop's lane. A separate, undeveloped southern portion of the parcel would continue to handle stormwater drainage for the surrounding Lawton Valley neighborhood.
Napierala told the board the corner has a 25-year history: when developer Kelly Tobin built the Lawton Valley subdivision around it, the planning board directed that this parcel be set aside rather than folded into the housing, earmarking it instead for future mixed-use development. That history came up again during public comment. Wyandra Drive resident Sara Villnave told the board that promises had been made when the subdivision went in that the corner would stay green space, and that those promises were not kept.
Four other residents spoke against the project. Larry Fratostitan of Ernest Way said too much would be going on at the intersection. Joe Morawski of Tobin Path said a Dunkin at the site would hurt a family-owned coffee shop already operating in nearby Cicero. Karen Cahill of Dongara Lane pressed the board on how fuel tankers would navigate Lawton Road and whether the project would move forward regardless of the board's recommendation. Yvonne Arnold, also of Wyandra Drive, questioned a proposed left turn onto Route 31.
Board members' objections centered on the corner's traffic and layout rather than the businesses themselves. Mitchell said he had no problem with Mirabito as a store but questioned whether the intersection could handle two drive-thru lanes on top of gas pumps, a convenience store and a Subway, and recalled that an earlier gas-station proposal for the same corner had been turned down over a car wash's noise. Hal Henty and Michelle Borton agreed, with Borton citing poor visibility around the Dunkin. Karen Guinup said she opposed both drive-thrus, citing pedestrian conflicts near the pumps and overlapping morning hours between the bank and the coffee shop. Paul Graves pointed to congestion he said was already visible at another Dunkin drive-thru on Route 31. Jim Palumbo took a middle position, saying he would support the coffee shop's drive-thru but not the bank's, after board attorney Kathleen Bennett confirmed that a special permit granted for a bank use stays tied to that use.
When Mitchell polled the board by name, Henty, Guinup, Borton, Graves, Al McMahon and Mitchell himself all said no; Palumbo repeated his split position. The board's only recorded vote on the matter, though, was a 7-0 motion adopting a standard special permit recommendation resolution directing the Town Board to weigh the comments and concerns raised by each member — not a vote to deny anything. Mitchell told the audience during the hearing that no matter what the planning board recommended, the Town Board holds final authority over the special permits and could still approve Mirabito's plans for the corner.
The Town Board will next decide the two referrals. If either or both permits are approved, the project would return to the planning board for full site plan review, where Town Engineer Ron DeTota has already flagged questions about how the plaza's drainage would interact with the neighborhood's existing stormwater facility. Elsewhere on the same agenda, the board moved with more certainty: it granted approvals for the Trinity Assembly of God's amended site plan and the Michael's Farm subdivision on Morgan Road, both by 7-0 votes, while a McDonald's special permit referral for the nearby Cedar Post Road corner was withdrawn after the Town Board denied it outright.
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 Planning Board Meetings
Clay Planning Board Presses Fuel-Tank Applicant on Claim That No State Permit Is Needed
●• Adjourned Goguen Drive Realty's special permit application for a fuel-tank contractor's yard on Goguen Drive to March 19, after the chairman disputed the applicant's claim that no DEC bulk-storage permit is required and the town attorney raised an unresolved 180-cumulative-day DEC rule — 7-0
●• Adjourned the Charge/Smart EV/Townplace Suites amended site plan at 8505 Carling Road to March 19 pending written ADA parking documentation from the applicant — 7-0
●• Adjourned John E. Fisher Construction's special permit and site plan for 4593 Wetzel Road to Feb. 26, after board members raised wetlands-boundary and stockpile-labeling concerns — 7-0
●• Adopted a resolution granting site plan approval for Whitestone Apartments on State Route 31, the case's ninth adjournment, conditioned on legal and engineering sign-off — 7-0
●• Adjourned Amerco Real Estate's amended site plan for 8015 Oswego Road to March 19 — 7-0
●• Adopted a negative SEQR declaration and a site plan resolution for the Syracuse Pistol Club's amended site plan at 8042 Henry Clay Blvd. — 7-0 on each motion
●• Approved a 37.75-square-foot wall sign for Metropolitan Signs/Stryker at 4522 Morgan Place, Permit #54,748 — 7-0
●• Held over Community Bank's three-sign package for 7379 Oswego Road because only two signs are allowed by code; no vote taken
●• Approved a 25.4-square-foot freestanding sign for Allied Sign/Bank of America at 3782 Route 31, Permit #54,747 — 7-0
●• Approved the Jan. 29, 2025 meeting minutes and adjourned the meeting at 8:38 p.m.; next meeting Feb. 26, 2025 — 7-0
Clay Planning Board Recommends Morgan Road Rezoning for a 'Barn Dominion' the Town Says It Won't Permit
●• Recommended a zone change for Marc Lebiedzinski's 3.09-acre parcel at 7895 Morgan Road from Residential/Agricultural RA-100 to One Family Residential R-1, conditioned on any future structure meeting town zoning code and the town planning department's prior interpretation of that code, subject to appeal to the ZBA. Motion Carried: 6-0.
●• Recommended approval of Summit Federal Credit Union's special permit (Case #2024-062) for two drive-thru lanes with five-car stacking and a bypass lane at 5047 W. Taft Road, tied to closing an existing Summit branch farther east on the same road. Motion Carried: 6-0.
●• Recommended a zone change for Seneca Savings (Case #2024-064) at 5332 State Route 31 — the Clifton Recycling facility parcel — despite the applicant's absence and mixed county comments. Motion Carried: 6-0.
●• Adjourned Emerald Lawn Care's site plan (Case #2023-006, 4663 Wetzel Road) to March 19, 2025. Motion Carried: 6-0.
●• Adjourned Amerco Real Estate's amended site plan (Case #2023-042, 8015 Oswego Road) to February 12, 2025. Motion Carried: 6-0.
●• Adjourned Equipment Share-Syracuse's site plan (Case #2023-047, 7481 Henry Clay Blvd.) to March 19, 2025. Motion Carried: 6-0.
●• Adjourned the proposed hotel at the Wegmans Great Northern site (Case #2024-053, 3955 State Route 31) to February 26, 2025. Motion Carried: 6-0.
●• Adjourned the Whitestone Apartments site plan (Case #2023-031, State Route 31) to January 29, 2025, after reviewing updated tree plantings, corrected lot-area calculations, and Army Corps of Engineers correspondence dated January 7, 2025; the access-road agreement still awaits sign-off from town board attorney Robert Germain. Motion Carried: 6-0.
●• Approved four commercial sign permits — a 39-square-foot wall sign for Little Italy Pizza & Pasta (40.8 allowed), a 12.82-square-foot wall sign for Bayberry Seafood (30.72 allowed), a 69-square-foot LED sign for Stewart's Shops, and a 36-square-foot freestanding sign for Bryant & Stratton (64 allowed). All Motions Carried: 6-0.
●• Adopted 2025 organizational items — the meeting calendar, Michelle Borton as Deputy Chair, Marie Giannone as Secretary, Kathleen Bennett as Planning Board Attorney, and acknowledgment of CNS Engineering as the board's engineering firm for the year. Motion Carried: 6-0.
Wegmans-Site Hotel Hits Wetland and Parking Objections as Clay Planning Board Adjourns Every Case
●• Approved the minutes of the Feb. 12 Regular Meeting. Motion Carried: 6-0.
●• Case #2025-006, Scott Merle Builders, 8835 Gaskin Road: preliminary plat to split a 1.81-acre parcel into a 0.56-acre and a 1.25-acre lot; adjourned to March 19 pending topography, flood-elevation and easement clarifications. Motion Carried: 6-0.
●• Case #2024-050, Pack Rat Storage, 4717 Wetzel Road: amended site plan adjourned to March 19 at the applicant's request. Motion Carried: 6-0.
●• Case #2023-053, proposed hotel at the Wegmans Great Northern site, 3955 State Rte. 31: board member Jim Palumbo questioned an EAF finding of no wetlands and asked whether an actual wetland delineation had been done; member Karen Guinup called the plan to bank one-third of the hotel's parking "totally unacceptable"; 103 rooms require 155 parking spaces per Guinup; board also flagged an encroachment into a National Grid easement and an unresolved snow-storage plan. Adjourned to April 9. Motion Carried: 6-0.
●• Case #2024-070, Tully's Tenders, 3567 State Rte. 31: applicant defended its existing curb cut as DOT-reviewed and safe, but members Hal Henty, Paul Graves and Al McMahon each said they still consider the driveway configuration unsafe; Onondaga County Planning Board (OCPB) also raised sewer-connection and plumbing-permit requirements. Adjourned to March 19. Motion Carried: 6-0.
●• Case #2025-001, Inverness Gardens, 4938 West Taft Rd.: adjourned to March 19 after the county rejected the applicant's proposed right-in/right-out access point; no new drawings will be produced until access is resolved. Motion Carried: 6-0.
●• Cases #2025-003 and #2025-004, John E. Fisher Construction Co., 4593 Wetzel Road (site plan and special permit): adjourned to April 9. Motion Carried: 6-0.
●• Case #2024-057, J.W. Didado Expansion, 7822 Morgan Road: amended site plan adjourned to March 19. Motion Carried: 6-0.
●• Case #2025-007, Scott Merle Builders, 8835 Gaskin Road: final plat adjourned to March 19. Motion Carried: 6-0.
●• Four sign permits approved as submitted, all Motion Carried: 6-0: two wall signs for Community Bank at 7379 Oswego Road; one wall sign for 7 Days Nails Spa at 4599 State Route 31; one wall sign for Momentum Strategic Wealth LLC at 4100-4160 State Route 31; one wall sign for an AT&T location at 3812 Brewerton Road.
Clay Planning Board Sends Buckley Road Gas Station to Town Board 6-1, Minutes After Two Members Said They Couldn't Support It
●• Case #2025-008 (Sonbyrne Sales, 7190 Buckley Road): special permit referral for a gas station and convenience store sent to Town Board, 6-1, after Karen Guinup and Michelle Borton said in polling they could not support it without a finished Onondaga County traffic study; Paul Graves cast the recorded dissenting vote
●• Case #2025-002 (Laurel Springs, West Taft Road): zone change recommended to Town Board, 7-0, after the applicant added a community room, green space and park benches the board had requested
●• Approved wall-sign permits for Elite Commercial/Davidson & Ford (#54,755, 7-0), Seven Brew Drive Thru Coffee's three wall signs (#54,776, 7-0) and Ocean State Job Lot in the former Big Lots building (#54,787, 7-0); took no action on a Seven Brew freestanding sign (#54,777), referring it back to the Codes Department
●• Adjourned the Charge Smart EV/Townplace Suites amended site plan to April 23 after members questioned how many EV chargers already exist at the site and whether more could take up a quarter of the hotel's parking
●• Adjourned the Tully's Tenders site plan (State Route 31) to April 9 after a majority of members said a proposed "No left turn" sign at the car wash exit would be unenforceable on private property
●• Adjourned roughly a dozen other pending cases to April or May meetings, including Emerald Lawn Care, Amerco Real Estate, Equipment Share Syracuse, the Buckley Warehouse site plan and KRSM subdivision, Pack Rat Storage, Sears Property, Goguen Drive Realty, Inverness Gardens, Scott Merle Builders and J.W. Didado Expansion; the chairman said a letter would go to Equipment Share denying its case without prejudice absent an update
●• Approved the February 26, 2025 meeting minutes, 6-0, with Chairman Mitchell abstaining because he was absent that day
Clay Planning Board Withholds McDonald's Drive-Thru Referral, Presses for Full Traffic Picture of Wegmans Plaza
●• McDonald's USA LLC special permit referral (Case #2025-011, 4979 West Taft Road) adjourned to April 23, 2025 (6-0) after Chairman Russ Mitchell said no referral would be given this evening, citing the Wegmans Plaza's internal traffic circulation; he asked for one drawing showing the full plaza from the traffic signal to Cedarpost.
●• Northern Credit Union special permit (Case #2025-010, 5004-5008 West Taft Road) withdrawn because the Town Board has not yet referred it to the Planning Board; the chairman said the Town Board is reviewing zone clarification for the site.
●• Packaging Corp. of America site plan (Case #2025-012, 4471 Steelway Blvd.) for a 32,500 sq. ft. and a 725 sq. ft. addition adjourned to April 23, 2025 (6-0); the board flagged a required SPDES permit, an Indiana Bat habitat study, and asked for replacement deciduous trees.
●• KRSM Subdivision Buckley Warehouse (Cases #2024-012 and #2024-013, 4583 Buckley Road): board adopted a negative SEQR declaration (6-0), moved the case to final plat (6-0), and granted final plat approval (6-0).
●• J.W. Didado Expansion amended site plan (Case #2024-057, 7822 Morgan Rd.) approved 6-0, conditioned on legal and engineering requirements.
●• Pack Rat Storage amended site plan (Case #2024-050, 4717 Wetzel Road) adjourned to May 14, 2025 (6-0) after board member Karen Guinup said she would not support approval until the owner removes illegal advertising signage and brings the site into code compliance.
●• Inverness Gardens site plan (Case #2025-001, 4938 West Taft Road) adjourned to June 11, 2025 (6-0); Mitchell said Onondaga County cannot yet clarify plans for right-in/right-out access on that corridor.
●• Additional cases adjourned to April 23, 2025 (all 6-0): the Wegmans Great Northern hotel site, Equipment Share Syracuse, Sears Property preliminary and final plat, Tully's Tenders, and Scott Merle Builders preliminary and final plat.
●• Two sign permits approved 6-0: a wall sign for Evolve Fitness at 4979 West Taft Road (Permit #54,803) and a wall sign for Theo Petros Greek Food at 7421 Oswego Road (Permit #54,823).
●• Meeting adjourned at 9:21 p.m. (6-0); next meeting set for April 23, 2025.
●• Tully’s Tenders (Case #2024-070), 3567 State Route 31: site plan approved 5-2, with Mr. Henty and Mr. Graves voting no over Route 31 traffic safety; a SEQR negative declaration was adopted 7-0; conditions exclude wall signage from the approval and bar a building permit until the drainage easement is filed.
●• Northern Credit Union (Case #2025-010), 5004-5008 West Taft Road: board voted 6-1 to recommend the Town Board deny the requested NC-1 zone change, favoring the applicant’s own less-intense O-2 proposal; residents Sandy Laurenti and Anna Markopolsky raised traffic and landscaping concerns.
●• Chairman Mitchell announced that, citing a rising caseload tied to Micron’s arrival — with some applications dating to 2023 — adjournments will no longer be granted meeting-to-meeting but must be pushed out at least two meetings.
●• Equipment Share Syracuse (Case #2023-047), 7481 Henry Clay Blvd.: adjourned to May 14, its ninth adjournment; the code enforcement commissioner noted a special use permit is still needed for the site’s fuel storage tanks.
●• Mike Tormey’s Buckley Road warehouse (Case #2023-052), 4583 Buckley Road: adjourned to May 14, its twelfth adjournment, after the town engineer required drawing corrections.
●• Proposed hotel at the former Wegmans Great Northern site (Case #2023-053), 3955 State Route 31: adjourned to May 28 at the applicant’s request, its fifth adjournment.
●• Seneca Savings (Case #2025-014), 5332 State Route 31: special permit referral for a bank with a two-lane drive-thru recommended to the Town Board 7-0.
●• Justin’s Canine Campus (Case #2025-017), Market Fair North on Route 31: special permit for an 80-to-100-dog daycare recommended 7-0.
●• Extra Space Storage, 7711 Henry Clay Blvd.: one wall sign and one freestanding LED sign approved 7-0.
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