📐 Planning Board
Clay Planning Board Approves Byrne Dairy Digital Signage, Flags Concerns Over Battery Storage
The Planning Board approved a special permit for an LED sign at Byrne Dairy but expressed serious safety and zoning concerns regarding two proposed battery energy storage systems, urging the Town Board to develop specific regulations.
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Key Actions & Decisions
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Approved special permit for Byrne Dairy electronic sign (Case #2026-010) by a 7-0 vote.
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Voted 5-0 to send negative recommendations to the Town Board regarding Nexamp battery storage proposals (Cases #2026-001 and #2026-002), citing lack of zoning laws and proximity to residents.
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Adjourned review of Ironhorn Enterprises site plan to April 8, 2026, to establish lead agency status under SEQR.
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Continued review of Northside Baptist Church site plan to March 18, 2026, to fix lighting technicalities.
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Adjourned John E. Fisher Construction cases to April 22, 2026, due to outstanding wetland issues.
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Adjourned Northern Credit Union site plan review to March 18, 2026.
CLAY — The Town Planning Board moved forward with a digital signage upgrade for a local business Tuesday night but pressed pause on two major energy storage projects, citing a lack of local laws to govern the new technology.
During the regular meeting on Feb. 25, the board voted 7-0 to grant a special permit to Sonbyrne Sales, Inc., doing business as Byrne Dairy, for an electronic messaging monument sign at 7190 Buckley Road.
According to the minutes, the permit allows for the installation of an LED sign featuring brick facing to match the architectural character of the area. The board determined the project would have no significant environmental impact under the State Environmental Quality Review Act (SEQR).
However, the meeting’s primary focus shifted quickly to the emerging issue of Battery Energy Storage Systems (BESS). The board reviewed two separate referrals from Nexamp Inc. for special permits—one on Wetzel Road and another on Longbranch Road. While Chairwoman Michelle Borton and member Jim Palumbo recused themselves from these discussions, the remaining members were unanimous in their hesitation.
The board ultimately voted 5-0 to submit negative recommendations to the Town Board for both proposals. Board members expressed concerns that the town’s existing zoning does not adequately address the specific risks associated with battery storage, such as fire safety, chemical runoff, and proximity to homes.
“I think we are getting ahead of ourselves and I think the Town needs to look at where these should be placed,” said member Paul Graves, according to the minutes. “There is also an issue with these storage systems waste of chemicals, stench of electrical fire which could be problematic where these are located. Location is important.”
Member Hal Henty echoed those concerns, arguing the proposed sites were too small and too close to residential neighborhoods. "I do not think this is a good thing for the residents of Clay," Henty said.
The board recommended that the Town Board table all BESS applications until a comprehensive ordinance can be adopted. Members suggested that future projects should be restricted to Industrial 2 (I-2) zones and required to include decommissioning agreements. Deputy Chair Russ Mitchell also emphasized the need to ensure the town’s volunteer fire departments are trained to handle potential emergencies involving lithium-ion batteries.
In other business, the board tackled several site plan reviews, many of which were adjourned to allow applicants more time to address engineering details or environmental concerns.
* **Ironhorn Enterprises:** The board agreed to serve as the lead agency for the SEQR process for a site plan at 7245 Henry Clay Blvd. The applicant submitted a letter regarding wetlands from a biologist. The case was adjourned to April 8, 2026.
* **Northside Baptist Church:** A site plan amendment for 7965 Oswego Road was continued to March 18, 2026. Member Hal Henty requested additional details on photometric sheets to better match lighting specifications with fixtures.
* **John E. Fisher Construction:** Site plan and special permit requests for 4593 Wetzel Road were delayed until April 22, 2026, as the board awaits resolution of outstanding wetland issues.
* **Northern Credit Union:** The applicant requested an adjournment for a site plan at 5004-5008 West Taft Road. The board continued the matter to March 18, 2026.
* **United Church of Christ:** No representative appeared for the special permit request for 215 Blackberry Road. The case was adjourned to March 18, 2026.
* **Clay Equestrian Center:** The applicant requested an adjournment for the site plan at 9605 Black Creek Road. It was moved to March 18, 2026.
* **Donald Gabor:** With no applicant present for a preliminary plat at 850 Morgan Road, the board adjourned the case to March 18, 2026.
Coverage of the Planning Board meeting on 2026-02-25,
Town of Clay, NY.
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Related Planning Board Meetings
2026-02-11
Credit Union Expansion Wins Approval; Board Members Recuse Themselves from Battery Projects
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Key Actions & Decisions
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Unanimously recommended zone change and special permits for The Summit FCU to construct a 3,100 sq. ft. branch with a drive-thru at 4955 West Taft Rd (Vote 7-0).
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Heard a presentation from Nexamp regarding a 5,000 kWh battery energy storage system (BESS) at 4664 Wetzel Rd.
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Chairwoman Michelle Berton and member Jim Palumbo recused themselves from voting on Nexamp projects due to business ties.
2026-03-18
VFW Pavilion Plan Advances; Child Care Center Proposed for Park Ridge
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Key Actions & Decisions
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Approved signage permits for Byrne Dairy on Buckley Road (7-0 vote).
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Adjourned VFW Post 951 pavilion site plan to April 22, 2026, to address landscaping and wetland details (7-0 vote).
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Adjourned "The Learning Experience" day care center special permit and site plan to address parking and lighting (7-0 vote).
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Adjourned "Mauro Subdivision" preliminary plat to April 8, 2026, to verify existing business zoning and easements (7-0 vote).
2026-01-28
Town of Clay Planning Board Fast-Tracks Equestrian Center and Church Proposals
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Key Actions & Decisions
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Case #2025-054 (Clay Equestrian Center): Public hearing adjourned to February 25, 2026 (Vote: 7-0).
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Case #2025-056 (Northside Baptist Church): Amended site plan review adjourned to February 11, 2026 (Vote: 7-0).
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Meeting minutes from the previous session on January 14 were unanimously approved (Vote: 7-0).
2026-01-14
Mirabito Plaza, RailWorks, and Micron Projects Move Forward Following Town Board Votes
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Key Actions & Decisions
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Unanimously approved the site plan for the Mirabito Shopping Center on State Route 31 (7-0 vote).
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Granted final plat approval to Micron New York Semiconductor Manufacturing LLC (7-0 vote).
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Approved site plan for RailWorks Track Services, contingent on a decommissioning plan (7-0 vote).
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Adjourned a public hearing for EV charging stations at 7293 Buckley Road to February 11, 2026.
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Reorganized the Planning Board for 2026, appointing Russ Mitchell as Deputy Chair.
2026-04-08
Regular Meeting — April 8, 2026
2026-04-22
Regular Meeting — April 22, 2026
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