Apartment Firearm Transfer Request Delayed; Shed Replacement Approved
The Town of Clay Zoning Board of Appeals tabled a police officer's request to run a firearm transfer business from his apartment, citing the need for landlord permission. In other business, a resident was granted variances to replace a non-compliant shed and legalize an existing pool fence.
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▶Key Actions & Decisions
●Tabled application for a home-based firearms transfer business at 4764 Norstar Blvd. until the Oct. 13 meeting (5-0 vote).
●Approved area variances for a resident at 5085 Audrey Drive to replace a shed with setbacks reduced from 25.4 ft to 22 ft and 6 ft, and to legalize a 6-ft fence (5-0 vote).
**CLAY** — A local police officer’s request to conduct federal firearms transfers from his Norstar Boulevard apartment was put on hold Monday night after he told the Zoning Board of Appeals he had not secured permission from his landlord.
The board voted unanimously to adjourn the public hearing to Oct. 13, giving the applicant time to provide a letter of approval from the property owner.
The applicant, David Meleski, appeared before the board to seek a Special Use Permit for his apartment at 4764 Norstar Blvd. According to the meeting minutes, Meleski explained he is a police officer, U.S. Army veteran, and firearm instructor seeking a Federal Firearms License (FL).
He told the board the license would allow him to receive firearms and conduct transfers for online purchases for himself, friends, and family.
During the questioning, Chairperson Vivian Mason asked if Meleski had a gun safe in the apartment, which he confirmed. When asked if customers would come to the apartment, he stated they would.
Deputy Chairperson Karen Liebi raised the issue of property ownership, asking specifically if Meleski had permission from Norstar Apartments to operate a home occupation involving firearms. Meleski stated that while the management knows of his profession and that he owns firearms, they were unaware of this specific request.
Mason advised Meleski that a letter of approval from the property owner would be required before the board could make a decision.
The board will revisit Case #1986 at its next meeting scheduled for Oct. 13.
**Shed and Fence Variances Approved**
In other business, the board granted a series of area variances to a homeowner on Audrey Drive who needed to replace a deteriorating shed that had been on the property for decades.
Jim Williamson of 5085 Audrey Drive told the board he purchased the home 25 years ago with the shed already in place. The structure has since rusted and begun to leak, prompting the need for a replacement.
Williamson applied for variances to reduce the front yard setback for the new shed from the required 25.42 feet to 22 feet. He also requested a reduction to 6 feet for the shed's location and a variance to increase the allowable fence height in the front yard from 2.5 feet to 6 feet.
He argued that due to an existing in-ground pool, fencing, and shrubbery, the shed was the only viable location for the structure.
"I do not believe the requested Area Variances will create an undesirable change to the character of the neighborhood but would improve the appearance," Williamson told the board, addressing the Standards of Proof.
Regarding the fence, Williamson clarified that a previous chain-link fence had been removed and replaced with a 6-foot plastic fence. He stated he was not looking to make new changes but rather to bring the existing fence into compliance.
Neighbor Janet Rathburn of Freestone Road asked about the pool during the public comment portion. Attorney Neil Germain noted that the fence was pre-existing.
Following a closed public hearing where no public opposition was voiced, board member David Porter made a motion to approve the variances. The board voted 5-0 in favor, with the condition that the construction be in substantial compliance with Exhibit “A.”
The meeting was adjourned at 6:18 p.m.
This article was drafted by AI (claude-sonnet-4-20250514) from the official meeting transcript and reviewed by a human editor.
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Related Zoning Board of Appeals Meetings
Clay Zoning Board Writes a Ruling for a Mirabito Gas Station, Then Votes It Down 2-1
●• Case #1979 (Russ Mitchell, Planning Board Chairman, re: Mirabito Energy): motion to interpret the Town Code as allowing a gasoline service station within a Highway Commercial shopping center — Frantzis in favor, Porter in favor, Mason opposed. Motion Failed
●• The board declined to rule on Mirabito's objection that the appeal itself was untimely, calling that a question for a court
●• Case #1981 (Kirby Dar Dar, 7917 Morgan Road): rear yard setback reduced from 10 feet to 6 feet for an inground pool, approved 4-0
●• Case #1982 (Joseph Grispino, 706 Shaver Avenue): side yard setback reduced from 8.5 feet to 3 feet for a 20x30 garage, and rear yard setback reduced from 10 feet to 3 feet to relocate a 12x26 shed, approved 4-0
●• Case #1983 (Pack Rat Storage/Chad Parks): height variance allowing screening trees up to 70 feet where code caps structures at 2.5 feet, approved 4-0; resident Janet Rathburn spoke in favor
●• Case #1984 (Northern Credit Union, Kimbrook Square): setback reduced from 165 feet to 128.6 feet and a second freestanding sign approved (one allowed by code), approved 4-0
●• Case #1985 (Carl Hibbard Jr.): front yard setback reduced from 55 feet to 3.5 feet and side yard setback reduced from 18 feet to 5 feet for a detached garage, approved 4-0; neighbor Lisa Campagna's emailed concerns were resolved on site
●• Board classified all new actions as Type II under SEQRA and approved the July 14, 2025 minutes
●• Meeting opened at 6:00 p.m. and adjourned at 6:52 p.m.
Zoning Board Unanimously Approves Three Home Improvement Variances
●• 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
●• Meeting adjourned at 7:15 p.m.
Northside Baptist Church Expansion Clears Zoning Hurdle
●• 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
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