At Clay's Aug. 18 Meeting, Every Recorded Vote Was 6-0 — the Contested Ones Just Didn't Happen
Every item the Clay Town Board actually voted on August 18 passed 6-0, but decisions on a McDonald's drive-thru, a neighborhood stop-sign plan and a new noise complaint against Sharkey's were all put off rather than decided.
Willow Bay overview, Onondaga Lake Park — photo:
Andre Carrotflower
(BY-SA 4.0)
▶Key Actions & Decisions
●• Approved the July 21 meeting minutes, 6-0
●• Adopted a zone change (SEQR finding and approval, both 6-0) for Marc Lebiedzinski's 7985 Morgan Road property, from R-15 to R-40
●• Approved a special permit (SEQR finding and approval, both 6-0) letting Goguen Drive Realty LLC store a 1,000-gallon fuel tank at its 7835 Goguen Drive contractors' yard
●• Closed, without a vote, public hearings on Verizon New York's five-year cable franchise renewal and on David Wickham's request to keep 5180 Orangeport Road as a legal two-family dwelling
●• Heard Caitlin and Jarrett Winders of Old Cove Road ask the board to deny Sharkey's a special permit for its concerts — which code enforcement says have been illegal for years — if one is ever applied for; no application was pending and no vote was taken
●• Voted 6-0 to adjourn the Northfield Drive/Twin Elms Lane/Tallmadge Road/Richardson Drive stop-sign hearing to Sept. 25 after residents, the Highway Superintendent and the Town Constable debated stop signs versus speed bumps
●• Closed the joint hearing on McDonald's USA's drive-thru special permit and zone change at 4979 West Taft Road after dueling traffic studies; Supervisor Ulatowski said a decision "will likely come at the next meeting," with no vote taken
●• Voted 6-0 to schedule Sept. 3 hearings on a Northern Credit Union drive-thru special permit and the Rich Family Subdivision zone change creating four new lots on Oasis Lane
●• Approved, 6-0, a prevailing-wage increase for the Town Hall custodial contract with Oswego Industries, from $47,762.14 to $50,742.26 a year ($4,228.52 a month)
●• Approved, 6-0, a $158,400 Highway Department roof contract with A-1 Construction, ARPA fund transfers for a boiler ($129,360), park field lights ($293,100 and $156,750), tennis/pickleball courts ($96,663.05) and restrooms ($11,056), a new fire hydrant on State Route 31, and the 2025 ethics financial-disclosure audit
Caitlin Winders is 38 weeks pregnant. Three or four nights a week, she told the Clay Town Board on Aug. 18, she can hear music and feel the vibrations from Sharkey's bar and grill inside her house on Old Cove Road, a half-mile away. She and her husband, Jarrett, said they've measured the concerts there at 95 decibels or higher — well above the town code's 45 dBA steady-state limit and its 65 dBA cap for brief spikes — and asked the board to deny Sharkey's a special permit if the business ever applies for one.
That "if" mattered: no permit application from Sharkey's was on the agenda that night. The Winders said Joseph Grispino, the town's Commissioner of Code Enforcement since January, told them the concerts have been illegal for years because Sharkey's has never obtained the special permit the code requires, and that his office is currently prosecuting the business in court. The fine is $250 per offense or up to 15 days in jail — a number Winders said Sharkey's "does not care" about, since a single concert brings in far more than that. Supervisor Damian Ulatowski told the couple he would look into the matter and try to reach "a fair resolution"; the Town Clerk will follow up when there's more to report. No vote was taken, because there was nothing yet to vote on.
That turned out to describe the whole night. Every item the board actually voted on Aug. 18 passed 6-0 — a routine zone change, a fuel-tank storage permit, a prevailing-wage bump, a roof contract, ARPA fund transfers, a fire hydrant, an ethics audit. But the meeting's two most contested land-use fights didn't get a vote at all. They got pushed to another day.
The bigger of the two: McDonald's USA's drive-thru proposal for 4979 West Taft Road. The special-permit portion of the case had already been adjourned four times since April; a related zone-change request, once, since July. Joe Frateschi, an attorney for McDonald's, told the board the company wants to be "a good neighbor" and won't reapply for the site if the town turns it down. The real fight was over traffic. Gordon Stansbury, a traffic consultant hired by McDonald's, presented a study assuming most cars would exit through the existing signal on Taft Road; the town's own consultant, C&S, predicted most traffic would instead cut through onto Cedar Post Road to avoid it — a projection Stansbury said was based on data from Florida. Residents who live on Cedar Post and on nearby Hollywood Circle described the difficult left turns and blind exits they'd be navigating either way. Ulatowski closed the hearing without a vote and said a decision would likely come at the board's next meeting.
The other unresolved fight was over stop signs. The board had proposed installing three-way stop signs at each of four intersections — Northfield Drive and Tallmadge Road, Northfield Drive and Twin Elms Lane, Tallmadge Road and Richardson Drive, and Twin Elms Lane and Richardson Drive — after neighbors complained about cars cutting through to avoid construction and a dangerous blind bend nearby. Highway Superintendent Joe Nicoletti and Town Constable Mike McCarthy both told the board that state law bars using stop signs to control speed, and that too many of them can actually encourage drivers to speed up between intersections. Councilor Ryan Pleskach raised speed bumps instead, pointing to the Fairways neighborhood, where Nicoletti said they've worked well without causing trouble for snowplows. Ulatowski said he has a liaison with the Sheriff's Department who could monitor the intersections, and Councilor David Capria suggested waiting until school is back in session to do it. The board then voted 6-0 to adjourn the hearing itself to Sept. 25.
Everything without a fight moved quickly. The board approved a zone change for the Morgan Road property, a fuel-tank storage permit in an industrial district, a prevailing-wage increase for Town Hall's custodial contract (to $50,742.26 a year, up from $47,762.14), a $158,400 roof contract for the Highway Department, ARPA transfers for a Town Hall boiler ($129,360), Clay Park field lights ($293,100 and $156,750), tennis and pickleball court renovations ($96,663.05) and park restrooms ($11,056), a new fire hydrant on State Route 31, and the town's 2025 ethics audit — each by a 6-0 vote. It also scheduled Sept. 3 hearings on a Northern Credit Union drive-thru and a four-lot subdivision on Oasis Lane.
What's left hanging: whether McDonald's gets its drive-thru, whether the Richardson Drive-area neighborhood gets its stop signs, and whether Sharkey's ever asks the town for permission to do what it's already being taken to court for doing without it.
This article was drafted by AI (claude-sonnet-agent) from the official meeting transcript and reviewed by a human editor.
Quotes link to source video timestamps for verification.
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Related Town Board Meetings
Traffic Concerns Lead Clay Board to Reject Proposed Wegmans Plaza McDonald's
●• Adjourned the McDonald's USA drive-thru special permit (Case #1224) and its companion zone change (Case #1231) at 4979 W. Taft Road to August 18, 2025 — the fourth straight month without a vote — after nearly 90 minutes of testimony (7-0 to adjourn each)
●• Approved a special permit for Sonbyrne Sales/Clay-Dolshire Byrne Dairy to build a gas station and convenience store at 7190 Buckley Road, 5-2, after Councilor Young warned of "a dangerous impact on traffic"
●• Closed, without a vote, the public hearing on Goguen Drive Realty's request to store a 1,000-gallon fuel tank in a contractors' yard, after a resident asked when the town board would finally say no
●• Closed, without objection, the public hearing on Marc Lebiedzinski's zone change request for 7985 Morgan Road
●• Approved a special permit, 7-0, for Cheryl D. White to build a horse barn and two-family dwelling on 87.89 acres on Black Creek Road
●• Approved a special permit, 7-0, for EquipmentShare.com to install a private fuel island on 8.9 acres on Henry Clay Boulevard
●• Appointed Brian Bender as Commissioner of Planning & Development effective September 2, 7-0, at a $135,000 salary, a $5,000 sign-on bonus, and up to $10,000 in moving-expense reimbursement
●• Authorized the Supervisor, 7-0, to sign a retainer and cost-reimbursement agreement with Micron New York Semiconductor Manufacturing
●• Scheduled August 18 public hearings, 7-0 each, on a five-year Verizon cable franchise renewal, a David Wickham two-family-dwelling permit on Orangeport Road, and new three-way stop signs at four intersections along Northfield Drive, Twin Elms Lane, Tallmadge Road and Richardson Drive
●• Authorized applying, 7-0, for up to $150,000 from the Onondaga County Greenways and Blueways Grant Program with the Town of Cicero for a recreational trail from Brewerton to the Micron site, plus separate applications for up to $150,000 from the NYS Canal Corporation/Power Authority and up to $1,000,000 from the NYS Department of State
Clay Board Sets Public Hearing for Land Rezoning Near Micron, Tackles Traffic Safety in Fairways
●Scheduled public hearing for Oct. 6, 2025, regarding a zone change from Residential Agricultural to I-2 Industrial for 21.27 acres on Burnet Road to support Micron supply chain needs (Vote: 7-0).
●Adjourned public hearing on the "Hinerwadels Site" rezoning (Taft Road) to Oct. 6 to allow the applicant to address road access and "build-out" conditions for a proposed daycare and housing development (Vote: 7-0).
●Adjourned public hearing on the installation of four three-way stops in the Fairways development to Oct. 6 after Supervisor proposed speed bumps instead to deter cut-through traffic (Vote: 7-0).
●Adjourned public hearings for Northern Credit Union and Rich Family Subdivision to Oct. 6.
●Accepted the Town Audit for the fiscal year ending Dec. 31, 2024 (Vote: 7-0).
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