Clay Battery Storage Law Reaches Fourth Revision as Board Again Delays Three Pending Projects
The Clay Town Board pushed back all three pending battery energy storage applications to June 15 and continued the public hearing on its own draft storage law to June 1 after industry representatives and residents raised competing objections. In other business, the board approved a bank drive-thru special permit 5-1 and adopted a new smoke-shop licensing law 6-0.
Street intersection in the village of Liverpool — photo:
Giorgio Galeotti
(BY 3.0)
▶Key Actions & Decisions
●• Public hearing on Local Law No. 5 of 2026, the "Town of Clay Battery Energy Storage System Law" (now in its fourth revision), adjourned to June 1, 2026, 6-0
●• Public hearings on all three pending battery storage special permits — NexAmp's Wetzel Road Storage and Long Branch Storage projects and a Carson Power LLC application — each adjourned to June 15, 2026, 6-0
●• Special Permit for Community Bank/Erik Turner drive-thru bank at 4000 State Route 31 approved 5-1 (Councilor Gauthier opposed)
●• Zone change (R-10 to RC-1) for Sweetheart Corner Redevelopment, allowing two commercial structures, approved 6-0
●• Local Law No. 4 of 2026, defining "Smoke Shop" in the town code and requiring a special permit for such businesses in RC-1, HC-1 and NC-1 districts, adopted 6-0
●• 2027 Community Development Block Grant application for street repairs on Steelway Blvd. South approved 6-0
●• Public hearing on The Reserve at Clay, a proposed 61-lot subdivision on Lawton Road, drew opposition from neighbors over drainage, wildlife and traffic; adjourned to June 15, 2026 and referred to the Planning Board, 6-0
●• Public hearing on a West Herr parking-lot expansion zone change on State Route 31 closed after board questions
●• Public hearing scheduled for June 1, 2026 on an AT&T Mobility special permit for a utility substation/antenna at 7200 Henry Clay Blvd, 6-0
●• Adult crossing guard contract renewed with All City Management Services at $34.80/hour, not to exceed $68,904.00/year, and a no-cost-to-town sanitary sewer connection approved for Scott Merle Builders on Elmcrest Road, both 6-0
The Clay Town Board again put off action on three pending battery energy storage projects and continued its own vote on a proposed town law regulating the technology, as company representatives and residents continued to clash over how the emerging industry should be regulated.
At the May 18 regular meeting, chaired by Deputy Supervisor Joseph Bick in the absence of Supervisor Damian Ulatowski, the board voted 6-0 to adjourn the public hearing on Local Law No. 5 of 2026, which would create a new Town Code chapter titled the "Town of Clay Battery Energy Storage System Law," to June 1, 2026. Bick said the version under discussion was the fourth revision of the draft. Changes since the prior draft include requiring only one special permit instead of two, removing additional setbacks except where sites abut residential districts, allowing storage at existing solar farms in commercial districts (new solar would still have to locate in industrial districts), a 16-foot height restriction, a requirement that applicants near wetlands coordinate with the state Department of Environmental Conservation, one-year permits renewable at the Commissioner of Planning and Development's discretion, and a lengthened emergency response time of two hours, up from one hour in earlier drafts.
Representatives of all three companies with pending applications addressed the board. John O'Hern of NexAmp said the two-hour response time was more stringent than the four-hour standard in the state fire code. A representative from Carson Power said the draft law's cash-based decommissioning security requirement should instead allow a security bond, and objected to the two-hour response time and to noise and medical requirements, saying they don't fit the fire code. Sean Terry urged the board to prioritize the boundary rules discussed earlier, and Sera Yoon of Aurora Renewables asked the board to clarify that a 50-foot additional setback applies only near residential districts. Resident Janet Rathburn said resident input was not being factored in and asked that battery storage be limited to industrial districts, citing the proximity of NexAmp's Wetzel Road application to neighborhoods, parks and the YMCA. Councilor Eugene Young suggested the permit be formally named a "BESS Special Permit" to distinguish it from a standard special-use permit.
With the law still unfinished, the board voted 6-0 to adjourn public hearings on all three pending applications to June 15: NexAmp's Wetzel Road Storage and Long Branch Storage projects, and a Carson Power LLC application.
The board also opened a public hearing on The Reserve at Clay, a proposal to rezone about 20 acres on Lawton Road from Residential Agricultural to allow roughly 61 single-family lots. Applicant representative Tim Coyer said a traffic study found no significant impact on Lawton Road and that Onondaga County has confirmed adequate sewer capacity. Numerous neighbors spoke in opposition, raising concerns about drainage, the displacement of wildlife including red-tailed hawks and blue herons, construction traffic, and existing trash along the road. Commissioner of Planning and Development Brian Bender said the property, developed under its current zoning, could yield 8 to 10 lots. Bick said the town has no wetlands mapped on the site and told residents they "have say over your property" while an owner has the right to apply for a zone change. The board voted 6-0 to adjourn the hearing to June 15 and refer the application to the Planning Board for a recommendation.
In a separate hearing, the board closed public comment on a zone change to allow a nearby West Herr dealership to expand its parking lot onto an adjoining parcel of about three-quarters of an acre on State Route 31, rezoning it from Neighborhood Commercial to Highway Commercial.
Elsewhere, the board approved, 5-1 with Councilor Courtney Gauthier opposed, a special permit for Community Bank/Erik Turner to build a bank with drive-thru service at 4000 State Route 31. It approved 6-0 a zone change from R-10 to RC-1 for the Sweetheart Corner Redevelopment project, clearing the way for two commercial structures. The board adopted, 6-0, Local Law No. 4 of 2026, adding a definition of "Smoke Shop" to the town code and requiring a special permit for such businesses in the RC-1, HC-1 and NC-1 commercial districts; the definition excludes state-licensed cannabis dispensaries. The board also approved, 6-0, the town's 2027 Community Development Block Grant application for street repairs on Steelway Blvd. South, and scheduled a June 1 public hearing on an AT&T Mobility special permit for a utility substation and antenna at 7200 Henry Clay Blvd.
In other action, the board renewed its adult crossing guard contract with All City Management Services for one year at $34.80 per guard hour, up from $33.59, not to exceed $68,904.00 for the year beginning July 1, 2026. The board also approved, at no cost to the town, a sanitary sewer connection for two Elmcrest Road properties developed by Scott Merle Builders, with the developer covering all associated costs.
This article was drafted by AI (claude-sonnet-agent) from the official meeting transcript and reviewed by a human editor.
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●• Board voted 6-0 to schedule a June 15 public hearing (8:02 p.m.) on Local Law No. 6 of 2026, a temporary moratorium of up to 12 months on zone changes and special permits for large-scale data centers, AI computing facilities, cryptocurrency mining operations and similar high-intensity computing uses.
●• Deputy Supervisor Joseph Bick said he would close the public hearing on Local Law No. 5 of 2026, the Battery Energy Storage System Law, apart from outstanding comments still due from area fire departments and Niagara Mohawk; developers Carson Power, NexAmp and Aurora Renewables raised further objections to the fifth draft.
●• Board voted 6-0 to approve a zone change (Case #1250, Lands of Nelson Amended) from NC-1 to HC-1 for .73 acres at 3687 State Route 31, allowing West Herr to expand a vehicle-inventory parking lot.
●• Board voted 6-0 to adjourn, to July 20 at 7:35 p.m., the public hearing on an AT&T Mobility special permit (Case #1257) for a 110-foot monopole at 7200 Henry Clay Blvd, referring the application to the Planning Board.
●• Board voted 6-0 to schedule a June 15 public hearing (7:47 p.m.) on a special permit (Case #1258) for CNY Pulmonary and Sleep Medicine's proposed medical office at 5232 Witz Drive.
●• Board voted 6-0, in four separate resolutions, to schedule June 15 public hearings on petitions to form the Michael's Farm lighting, drainage, sewer and water districts.
●• Board voted 6-0 to approve a $2,500 agreement with Pracademic Partners (Dr. Ian M. Cole) for two customer-service and problem-solving training sessions for town employees.
●• Board approved the minutes of its May 18, 2026 meeting, 6-0.
Clay Town Board Moves to Regulate Battery Storage, Set Rules for Smoke Shops
●• Board adjourned public hearings on three BESS special permits — Nexamp Inc.'s Wetzel Road Storage LLC (Case #1243), Nexamp's Long Branch Storage LLC (Case #1244), and Carson Power LLC (Case #1245) — each to July 20, 2026, because town code language defining battery storage parameters is not yet finished (5-0 on each adjournment)
●• Board opened and closed a hearing on Local Law No. 6 of 2026, a proposed 12-month moratorium on zone changes/special permits for data centers, AI computing facilities and cryptocurrency mining; the IBEW Brotherhood opposed it, while Councilor Eugene Young and residents Michelle Bristol and Kris Beckett spoke in favor; no vote to adopt was taken
●• Board closed a hearing on The Reserve at Clay zone change (61 single-family lots on +/- 20.18 acres at 8201 Lawton Road, RA-100 to R-7.5), where a resident questioned a 2024 traffic study's relevance given Micron-related traffic growth and another asked about environmental impact; no vote taken
●• Board closed a hearing on a special permit for CNY Pulmonary and Sleep Medicine to occupy a 7,000-square-foot medical office at 5232 Witz Drive; no vote taken
●• Board opened hearings on four proposed Michael's Farm special districts (lighting, drainage, sewer, water) for a planned 125-home Heritage Homes subdivision, with unit charges of $64.47 annually for water, $22.00 for sewer, and $121.92 annually for drainage
●• Board released Harke Farms maintenance guarantee securities to developer COR VerPlank Road Company, LLC: Sewer District from $18,000 to $0, and Drainage District from $3,000 to $0 (5-0 each)
●• Board approved an easement/road abandonment and a new drainage easement at Riviera Shores Lot No. 1A (5-0 each), and a Limited License letter for 4019 Plum Yew Circle (5-0)
●• Board appointed Michael Becker to the Zoning Board of Appeals to fill the unexpired term of Mary Lou DesRosier, through December 31, 2030 (5-0); no action was taken on a ZBA alternate appointment
●• Board accepted completed infrastructure, easements and a warranty deed for roads in The Farmstead Subdivision Section No. 8 from developer Maple Road Associates, Inc., which is posting $11,624 in maintenance guarantees ($6,132 sewer and $5,492 drainage), $25,000 for overland drainage, $65,960 for highway work, $1,800 in monument deposits and $12,000 in parkland contributions (5-0 each)
●• Meeting adjourned at 8:19 p.m., 5-0
Clay Board Imposes Six-Month Moratorium on Battery Storage Projects
●Moratorium on Battery Storage: Approved Local Law No. 3 (6-1 vote), imposing a six-month ban on new applications or zoning changes related to battery storage systems to allow for study and code updates.
●Gas Station Regulations: Adopted Local Law No. 2 (6-1 vote), amending Town Code to require a Special Permit for gas stations within shopping centers.
●Landfill Monitoring Contract: Authorized a contract with C&S Engineers, Inc. for post-closure environmental monitoring of the town landfill, not to exceed $22,500.
●Community Development Funds: Unanimously approved the use of funds for 2026 projects in lower-income areas in coordination with Onondaga County.
●Sweetheart Corner Rezoning: Adjourned a public hearing for a zone change at 102 ½ Wally Road to May 4, 2026; the proposal seeks to rezone land from residential to commercial for redevelopment.
Clay Town Board Adopts Permit-Fee Law, Advances $30 Million Micron Host Agreement for Fab 1
●• Board approved Local Law No. 7 of 2026, the "Large-Scale Development Permit and Community Host Agreement Authorization Law," 6-0, letting developers of projects costing $100 million or more voluntarily enter Community Host Agreements instead of paying standard permit fees.
●• Officials said the existing fee formula ($100 for the first $1,000 of project value, $7 per $1,000 after) conflicts with a state requirement that permit fees cover only the town's service costs, and becomes unworkable at billion-dollar scale; the new law takes effect once filed with the New York Secretary of State.
●• The board held an informational hearing on a proposed Community Host Agreement with Micron New York Semiconductor Manufacturing, LLC, covering only Fab 1 of Micron's planned four-factory, $51 billion Clay campus.
●• Presentation materials describe a three-year, $30 million agreement: $20 million paid to the town over three annual installments plus $10 million in Green Chips Act funding directed exclusively to Clay.
●• The minutes give two different figures for Fab 1's cost and associated fee — $89 billion/$69 million during the public hearing discussion versus $8.9 billion/$62 million in the presentation slides — a discrepancy the minutes do not resolve.
●• Resident Shelly Hotaling cited different figures still — $15 million for fees/inspections and $6 million for the town — and asked that the agreement go to a public vote; Deputy Supervisor Bick said it would not go to referendum but resident input would factor into the process.
●• Residents raised concerns about construction trucks on Morgan Road, noise and water mitigation tied to state DEC requirements, and requested infrastructure spending on public sewers, low-cost housing, and Meltzer Park restrooms; one resident proposed a citizens advisory board.
●• Deputy Supervisor Bick moved a resolution approving the Community Host Agreement with Micron, seconded by Councilor David Capria; the minutes do not record a specific vote tally for that motion before adjournment.
●• The meeting, chaired by Deputy Supervisor Joseph Bick in the absence of Supervisor Damian Ulatowski, adjourned 6-0 at 6:17 P.M.
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