Clay, New York
· Wednesday, September 2, 2026· Sep 2, 2026
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📐 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.
●Approved special permit for Byrne Dairy electronic sign (Case #2026-010) by a 7-0 vote.
●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.
●Adjourned review of Ironhorn Enterprises site plan to April 8, 2026, to establish lead agency status under SEQR.
●Continued review of Northside Baptist Church site plan to March 18, 2026, to fix lighting technicalities.
●Adjourned John E. Fisher Construction cases to April 22, 2026, due to outstanding wetland issues.
●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 Wednesday night but pressed pause on 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 comparable signage in 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 three separate referrals for special permits: two from Nexamp Inc., for sites on Wetzel Road and Longbranch Road, and a third from Carson Power, LLC, for a project at 7846 and 7850 Goguen Drive. While Chairwoman Michelle Borton and member Jim Palumbo recused themselves from these discussions, the remaining members offered mixed reactions, with several voicing reservations about the technology.
The board voted 5-0 on each of the three referrals to submit recommendations to the Town Board. 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 raised the question of at what point the town's volunteer fire departments would be trained to handle such emergencies.
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.
Early coverage (re-verified). An early article, drafted by AI before our verification gate existed. Every one was later adversarially re-reviewed against its source record, and the errors found were corrected and republished in August 2026.
●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).
●Heard a presentation from Nexamp regarding a 5,000 kWh battery energy storage system (BESS) at 4664 Wetzel Rd.
●Chairwoman Michelle Berton and member Jim Palumbo recused themselves from voting on Nexamp projects due to business ties.
Zoning Questions Stall Elmcrest Subdivision as Clay Delays VFW Pavilion, 144-Child Day Care Plans
●Recommended approval of a zone change from residential to regional commercial (RC-1) for 102 ½ Wally Road (Sweetheart Corner) in a 7-0 vote.
●Issued a Negative Declaration under SEQR for the Ironhorn Enterprises warehouse project on Henry Clay Blvd, determining no significant environmental impact.
●Adjourned the Northern Credit Union site plan review to May 13, 2026, due to ongoing wetland issues.
●Adjourned the EV Charging Stations site plan review on Buckley Road to April 22, 2026.
●Adjourned the Donald Gabor subdivision preliminary plat on Morgan Road to April 22, 2026.
●Adjourned the Mauro Subdivision preliminary plat on Elmcrest Road to April 22, 2026 to resolve fence and drainage easement issues.
Clay Planning Board Clears Just One of Nine Cases at April 22 Meeting, Holds 91-Lot Hinerwadels Project for June
●Board approved the minutes of the April 8, 2026 meeting, 6-0.
●Case #2026-022 Hinerwadels Subdivision (J. Alberici & Sons, 5300 West Taft Road): preliminary-plat hearing on a 91-lot subdivision (single-family homes plus two office parcels, one planned as a day care) on 29 acres; DOT's initial traffic review pointed toward a signal at West Taft Road/Rockland Drive at the developer's expense; adjourned to June 10, 6-0.
●Case #2026-026 Buckley Two-Family Conversion (Steven Calocerinis, 4793 Buckley Road): not referred to the Planning Board by the Town Board; no action taken.
●Cases #2025-003/004 Wetzel Service Yard (John E. Fisher Construction Co., 4593 Wetzel Road): still in litigation over wetland issues; adjourned to June 10, 6-0.
●Case #2025-044 Chad Mutter EV Charging Stations (7293 Buckley Road): board identified an ADA-accessibility gap between the charging-station parking and the building entrance; adjourned to May 13, 6-0.
●Case #2026-009 Gabor Subdivision Phase II (8150 Morgan Road): no one present to represent the applicant; adjourned to May 13, 6-0.
●Case #2026-013 Mauro Subdivision (Scott Merle Builders, 4095 & 4101 Elmcrest Road): board adopted a negative SEQR declaration and granted final plat approval splitting two lots into four, in a series of 6-0 votes, conditioned on a license agreement already filed with the county covering a driveway encroachment between the properties.
●Case #2026-015 VFW Post 951 (5366 Caughdenoy Road): withdrawn due to wetland issues.
●Cases #2026-017/018 The Learning Experience (Park Ridge Path): board requested cleaner drawings, a marked HVAC location, and more legible planting and elevation plans; adjourned to May 13, 6-0.
●Case #2026-019 Goguen Service Yard (7835 Goguen Drive): board found the stormwater pond's topographic survey lacked a licensed surveyor's seal and required a new survey to confirm 2022 compliance before further approval; adjourned to June 10, 6-0.
●Meeting adjourned at 8:45 p.m., 6-0; next meeting May 13, 2026.
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