Clay Planning Board Approves Just One of 13 Cases, Sends Gas Station Zoning Question to ZBA
At its May 28, 2025 meeting, the Town of Clay Planning Board granted only one final approval on a 13-case agenda -- a building addition for Packaging Corp. of America -- while adjourning, denying without prejudice, or referring to the Zoning Board of Appeals every other item, including a proposed hotel, a McDonald's rebuild, and a gas-station question for the Mirabito Shopping Center.
Lock CS4 on the Cayuga-Seneca Canal at Fayette, part of the central NY canal system — photo:
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▶Key Actions & Decisions
●• Approved the site plan and a SEQR negative declaration for Packaging Corp. of America's building addition at 4471 Steelway Blvd. -- the only case decided outright (6-0 on both motions)
●• Approved a 16-square-foot freestanding sign and an 81-square-foot wall sign for a T-Mobile retailer at 3881 State Route 31 (6-0)
●• Referred to the Zoning Board of Appeals the question of whether the Mirabito Shopping Center site plan (5560 State Route 31) can include a gas station, since the town code's HC-1 use list omits "Gasoline Service Station" even though the code's separate "shopping center" definition names gas stations as a common use; adjourned the case to July 23 (6-0)
●• Declined to refer the McDonald's USA rebuild at 4979 West Taft Road to the Town Board pending results of a town-ordered traffic study, after residents said the project would add to traffic already backing up near Wegmans Plaza; adjourned to July 9 (6-0)
●• Denied without prejudice the Inverness Gardens site plan at 4938 West Taft Road after the applicant asked to adjourn far into the future; Chairman Mitchell said he told them "absolutely not" (6-0)
●• Continued the proposed hotel at the former Wegmans Great Northern site (3955 State Route 31) after a board member said he lacked confidence in a wetlands letter from LaBella Associates and members objected to the absence of dedicated parking for oversized vehicles; adjourned to July 23 (6-0)
●• Adjourned the Justin's Canine Campus site plan at 4112 State Route 31 to June 11, pending drawings showing portable canopies, utility lines and a relocated air conditioning unit (6-0)
●• Adjourned five more matters -- the Buckley Road warehouse tied to Mike Tormey, Goguen Drive Realty, Scott Merle Builders' Gaskin Road preliminary and final plats, Sonbyrne Sales/Byrne Dairy (where the chairman noted a county plan to widen Buckley Road near Dolshire), and Seneca Savings' proposed bank -- to June 11 or July 9, pending revisions, septic approval or further engineering review (all 6-0)
●• Adjourned the Henry Clay Warehouse amended site plan at 7189 Henry Clay Blvd. to June 11 pending stormwater review by the town engineer (6-0)
The Town of Clay Planning Board took up 13 cases at its May 28, 2025 meeting, and by the time Chairman Russ Mitchell closed the session at 9:52 p.m. -- two hours and 22 minutes after it opened -- the board had granted final approval to exactly one of them.
That approval went to Packaging Corp. of America, whose building addition project at 4471 Steelway Blvd. drew no questions from the board or the public. Members adopted a SEQR negative declaration and approved the site plan, both by 6-0 votes. The board also approved a freestanding sign and a wall sign for a T-Mobile retailer at 3881 State Route 31, also 6-0. Every other case on the agenda was adjourned, denied without prejudice, or sent to another board for a ruling.
One case turned on a specific gap in the town code. Mirabito Shopping Center's proposal for 5560 State Route 31 sits in an HC-1 zone, and Mitchell read the board through the code's list of permitted uses there -- retail stores, offices, banks, day care centers and more -- noting that a gasoline service station is not on it. But the code's separate definition of "shopping center" describes gasoline service stations as one of the uses commonly found in such developments. Mitchell said the board needs the Zoning Board of Appeals to determine which provision controls before site plan review can proceed. The board voted 6-0 to refer the question to the ZBA and adjourned the case to July 23.
The board also held off on referring the McDonald's USA rebuild at 4979 West Taft Road to the Town Board, the step the applicant needs before that board can act on a requested zone change. Engineer Randy Bebout described a revised layout that shifts the building east, cuts the disturbed area from 1.2 to 0.88 acres, and reworks the drive-through queue. Residents were not reassured: Erika Gallucci, of Astilbe Path, said the combined traffic from Summit Credit Union, Northern Credit Union and a new McDonald's would total 1,000 vehicles a day and said it is currently a nightmare just getting out of the Wegmans parking lot. Bebout responded that much of that figure reflects pass-by traffic already on West Taft Road, not new trips. Colleen Dillenbeck said neighbors had submitted petitions against the project. Mitchell said the board wants results from a traffic study the town requested for West Taft Road before deciding; the case was adjourned to July 9.
The proposed hotel at the former Wegmans Great Northern site, 3955 State Route 31, met similar caution. Board member Jim Palumbo said he lacked confidence in a wetlands letter from LaBella Associates that found no wetlands on the site, arguing that a proper delineation should have examined the area beyond the property line and questioning whether an April 2 site walk -- done before vegetation had grown in for the season -- came early enough to be reliable. Engineer Mike Ritchie agreed to expand the study and provide soil samples. Separately, board member Karen Guinup told the applicant's team that because they would not provide dedicated parking for oversized vehicles such as RVs and trailers, the project could no longer defer any of its required parking to a future phase -- all of it would have to be built now. The case was adjourned to July 23.
The Inverness Gardens site plan at 4938 West Taft Road was the one case resolved by denial rather than delay. Mitchell said the applicant had asked the board to adjourn the case far into the future; the chairman said he told them "absolutely not" and warned it would be denied without prejudice if the board did not hear back before this meeting. It didn't, and the board voted 6-0 to deny the application without prejudice, leaving the applicant free to reapply later.
Seven more cases -- Justin's Canine Campus, the Buckley Road warehouse project tied to Mike Tormey, Goguen Drive Realty, Scott Merle Builders' Gaskin Road subdivision, Sonbyrne Sales' Byrne Dairy project, Seneca Savings' proposed bank, and the Henry Clay Boulevard warehouse -- were adjourned to June 11 or July 9, most awaiting revised drawings, septic approval or further engineering review. Discussing the dairy project, Mitchell noted that Onondaga County is planning to widen Buckley Road near Dolshire with a dedicated turn lane, work he said could begin by the end of this year or in 2026.
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Related Planning Board Meetings
Clay Planning Board Approves Buckley Road Warehouse After 13 Adjournments, Pushes Most of Its Docket to July
●• Approved the Buckley Warehouse site plan (Case #2023-052, Mike Tormey, 4583 Buckley Road), a case marked "Adj. 13" in the board's own files; SEQR negative declaration and site plan approval each carried 7-0.
●• Denied the Gaskin Reef preliminary plat (Case #2025-029, Patricia L. Peters, 8515 Gaskin Road), a proposed two-lot subdivision, because the R-10 zoning district requires public water and sewer and the plan proposed a septic system; SEQR negative declaration and the denial resolution each carried 7-0.
●• Approved an amended site plan for Henry Clay Warehouse (Case #2025-020, 7189 Henry Clay Blvd.); SEQR and site plan votes each carried 7-0.
●• Approved a site plan for Justin's Canine Campus (Case #2025-024, 4112 State Route 31) to relocate a dumpster and add temporary carports over four dog play yards; SEQR and site plan votes each carried 7-0.
●• Adjourned a new site plan for a Canandaigua National Bank branch in the Wegmans Plaza on Oswego Road (Case #2025-019) to July 9, 7-0, after extensive comments on sanitary sewer connections, lighting, dumpster screening and fire department access.
●• Adjourned an amended site plan adding EV chargers at the Barnes & Noble plaza on State Route 31 (Case #2025-030, EVgo/Rocklyn Clay, LLC) to July 9, 7-0, after the board noted the town's zoning code does not count EV charging stalls in its required-parking formula.
●• Adjourned Equipment Share Syracuse (Case #2023-047, 7481 Henry Clay Blvd.), already marked "Adj. 11", to July 9, 7-0, with no discussion recorded.
●• Adjourned Goguen Drive Realty's special permit referral (Case #2024-068) and the Charge Smart EV/Townplace Suites amended site plan (Case #2024-069) to July 9, and Scott Merle Builders' two Gaskin Road plats (Cases #2025-006/007) to July 23, all 7-0.
●• Adjourned Sonbyrne Sales/Byrne Dairy (Case #2025-009, 7190 Buckley Road) to July 23, 7-0, pending Onondaga County's planned changes to that stretch of Buckley Road.
●• Adjourned Windsor Property Group's two Morgan Road plats (Cases #2025-021/022) to August 13, 7-0; also approved the May 28 meeting minutes, 6-0 (Mr. Graves abstained due to absence).
Clay Planning Board Picks Trees Over Fence at Pack Rat Storage, but Can't Get a Straight Answer on What's Actually Stored There
●• Case #2024-050, Pack Rat Storage (4717 Wetzel Road): Chairman Mitchell polled board members individually on trees versus a vinyl fence along the property; six members (Henty, Borton, Graves, Palumbo, McMahon, Mitchell) favored trees, one (Guinup) favored the fence, calling the black mesh option "abominable." Resident Janet Rathburn said she has seen pallets, construction trailers and a backhoe stored on site, contradicting the applicant's answer that RVs and boats would be stored there; Commissioner Tessier noted the I1 zoning is for indoor storage and a special permit is needed for outdoor storage. Adjourned to July 23, 2025, 7-0.
●• Cases #2024-065/#2024-066, Sears Property (9417 Horseshoe Island Road): Board adopted a SEQR negative declaration and granted final plat approval, both 7-0, conditioned on legal/engineering sign-off and recording of an access easement before any building permit issues.
●• Case #2024-068, Goguen Drive Realty (7835 Goguen Drive): At a public hearing on a special-permit referral for six empty fuel tanks tagged "DO NOT FILL," Mr. Henty said the property's history shows the applicant "cannot be trusted and truthful" and that he does not trust the site; Mr. Graves and Mr. Palumbo separately raised concern that a proposed 1000-gallon refueling station could block trucks entering the site. Adjourned to May 28, 2025, 7-0.
●• Case #2024-069, Charge Smart EV/Towneplace Suites (8505 Carling Road): Ms. Borton said the site plan had been altered and read into the record the state requirement that an altered engineered document be re-stamped and marked "altered by" the responsible engineer; the applicant's representative said she would address the seal and other drawing corrections. Adjourned to June 11, 2025, 7-0.
●• Cases #2025-021/#2025-022, Windsor Property Group (7985 Morgan Road): A February zone change to R15 created a septic-system conflict; Chairman Mitchell suggested reverting to R40 to resolve it, while board attorney Bennett said a use variance would require a showing of economic hardship. Adjourned to June 11, 2025, 7-0.
●• Case #2025-001, Inverness Gardens (4938 West Taft Road): Chairman Mitchell said the developer is seeking other financing; the board voted 7-0 to notify the applicant the case will be denied without prejudice if no response is received by the May 28, 2025 meeting.
●• Three sign permits approved, each 7-0: a freestanding and canopy sign for Empower Parkinson/Engage Therapy & Wellness (4886-4888 West Taft Road); a wall sign for Excellus Resource Center (7421 Oswego Road); and a wall sign for Marcel's Ice Cream (4599 State Route 31).
●• Roughly a dozen other cases, including Seneca Savings, Henry Clay Warehouse, Emerald Lawn Care, Amerco Real Estate, Equipment Share Syracuse, Buckley Warehouse and Scott Merle Builders, were adjourned without substantive discussion to dates ranging from May 28 through July 23, all by 7-0 votes.
●• Tully’s Tenders (Case #2024-070), 3567 State Route 31: site plan approved 5-2, with Mr. Henty and Mr. Graves voting no over Route 31 traffic safety; a SEQR negative declaration was adopted 7-0; conditions exclude wall signage from the approval and bar a building permit until the drainage easement is filed.
●• Northern Credit Union (Case #2025-010), 5004-5008 West Taft Road: board voted 6-1 to recommend the Town Board deny the requested NC-1 zone change, favoring the applicant’s own less-intense O-2 proposal; residents Sandy Laurenti and Anna Markopolsky raised traffic and landscaping concerns.
●• Chairman Mitchell announced that, citing a rising caseload tied to Micron’s arrival — with some applications dating to 2023 — adjournments will no longer be granted meeting-to-meeting but must be pushed out at least two meetings.
●• Equipment Share Syracuse (Case #2023-047), 7481 Henry Clay Blvd.: adjourned to May 14, its ninth adjournment; the code enforcement commissioner noted a special use permit is still needed for the site’s fuel storage tanks.
●• Mike Tormey’s Buckley Road warehouse (Case #2023-052), 4583 Buckley Road: adjourned to May 14, its twelfth adjournment, after the town engineer required drawing corrections.
●• Proposed hotel at the former Wegmans Great Northern site (Case #2023-053), 3955 State Route 31: adjourned to May 28 at the applicant’s request, its fifth adjournment.
●• Seneca Savings (Case #2025-014), 5332 State Route 31: special permit referral for a bank with a two-lane drive-thru recommended to the Town Board 7-0.
●• Justin’s Canine Campus (Case #2025-017), Market Fair North on Route 31: special permit for an 80-to-100-dog daycare recommended 7-0.
●• Extra Space Storage, 7711 Henry Clay Blvd.: one wall sign and one freestanding LED sign approved 7-0.
Clay Planning Board Refers McDonald's Plaza Redesign to Town Board, Bracing for Traffic on Cedarpost Road
●• Approved the June 11, 2025 meeting minutes, 6-0
●• Case #2023-042 (Amerco Real Estate, 8015 Oswego Road): amended site plan adjourned to October 22, 2025, 6-0
●• Case #2023-047 (Equipment Share Syracuse, 7481 Henry Clay Blvd.): site plan for a construction-rental facility on Dey Road adjourned to July 23, 2025, 6-0; Onondaga County Planning Board had flagged possible Indiana Bat habitat on the site
●• Case #2024-068 (Goguen Drive Realty, LLC, 7835 Goguen Drive): special permit recommendation for fuel storage tanks sent to Town Board, 6-0, after members said the applicant has "a reputation for nonconforming"; enforcement was left to the Codes Department
●• Case #2024-069 (Charge Smart EV/Townplace Suites, 8505 Carling Road): amended site plan adjourned to July 23, 2025, 6-0
●• Cases #2025-003 and #2025-004 (John Fisher Construction Co., 4593 Wetzel Road): site plan and special permit adjourned to October 8, 2025, 6-0
●• Case #2025-011 (McDonald's USA LLC, 4979 West Taft Road): special permit referral forwarded to Town Board with individual board members' comments, 6-0, pending a C&S Companies traffic study; board members and residents raised concerns about traffic overflow onto Cedarpost Road
●• Case #2025-015 (Seneca Savings, 5332 State Route 31): site plan adjourned to July 23, 2025, 6-0, pending Onondaga County septic approval
●• Case #2025-019 (Canandaigua National Bank, 7515 & 7519 Oswego Road) and Case #2025-030 (EVgo/Rocklyn Clay LLC at Barnes & Noble, 3956 State Route 31): site plans adjourned to July 23, 2025, 6-0 each
●• Approved a 40-square-foot illuminated LED wall sign for Kassis Superior Signs (Smoothy Food Massa) at 8223 Oswego Road, permit #55,110, where 83.6 square feet is allowed, 6-0
●• Meeting adjourned at 9:31 p.m.
Clay Planning Board Withholds McDonald's Drive-Thru Referral, Presses for Full Traffic Picture of Wegmans Plaza
●• McDonald's USA LLC special permit referral (Case #2025-011, 4979 West Taft Road) adjourned to April 23, 2025 (6-0) after Chairman Russ Mitchell said no referral would be given this evening, citing the Wegmans Plaza's internal traffic circulation; he asked for one drawing showing the full plaza from the traffic signal to Cedarpost.
●• Northern Credit Union special permit (Case #2025-010, 5004-5008 West Taft Road) withdrawn because the Town Board has not yet referred it to the Planning Board; the chairman said the Town Board is reviewing zone clarification for the site.
●• Packaging Corp. of America site plan (Case #2025-012, 4471 Steelway Blvd.) for a 32,500 sq. ft. and a 725 sq. ft. addition adjourned to April 23, 2025 (6-0); the board flagged a required SPDES permit, an Indiana Bat habitat study, and asked for replacement deciduous trees.
●• KRSM Subdivision Buckley Warehouse (Cases #2024-012 and #2024-013, 4583 Buckley Road): board adopted a negative SEQR declaration (6-0), moved the case to final plat (6-0), and granted final plat approval (6-0).
●• J.W. Didado Expansion amended site plan (Case #2024-057, 7822 Morgan Rd.) approved 6-0, conditioned on legal and engineering requirements.
●• Pack Rat Storage amended site plan (Case #2024-050, 4717 Wetzel Road) adjourned to May 14, 2025 (6-0) after board member Karen Guinup said she would not support approval until the owner removes illegal advertising signage and brings the site into code compliance.
●• Inverness Gardens site plan (Case #2025-001, 4938 West Taft Road) adjourned to June 11, 2025 (6-0); Mitchell said Onondaga County cannot yet clarify plans for right-in/right-out access on that corridor.
●• Additional cases adjourned to April 23, 2025 (all 6-0): the Wegmans Great Northern hotel site, Equipment Share Syracuse, Sears Property preliminary and final plat, Tully's Tenders, and Scott Merle Builders preliminary and final plat.
●• Two sign permits approved 6-0: a wall sign for Evolve Fitness at 4979 West Taft Road (Permit #54,803) and a wall sign for Theo Petros Greek Food at 7421 Oswego Road (Permit #54,823).
●• Meeting adjourned at 9:21 p.m. (6-0); next meeting set for April 23, 2025.
Wetland Study's March Timing Questioned, Great Northern Site Hotel Adjourned Again by Clay Planning Board
●• Approved minutes of the July 9 meeting, 6-0 (Palumbo abstained, having been absent July 9)
●• Adjourned the proposed hotel at the former Wegmans Great Northern Site (3955 State Route 31) to August 13, 7-0, after Palumbo said wetland-delineation photos were taken in March before vegetation had grown in and asked for backup data; the fire department has not yet confirmed the site's turn radius, and access easements have not been filed with the town
●• Adopted a SEQR negative declaration and approved the site plan for Equipment Share Syracuse's fueling station on Henry Clay Boulevard, both 7-0, after the applicant secured a special permit from the Town Board
●• Adopted a SEQR negative declaration and approved the amended site plan for Charge Smart EV/TownePlace Suites on Carling Road, both 7-0
●• Adopted a SEQR negative declaration for the Scott Merle Builders subdivision on Gaskin Road, 7-0; moved to final plat, 7-0; granted final plat, 7-0, conditioned on health-department-reviewed septic plans for its two lots
●• Adopted a SEQR negative declaration and approved the amended site plan for an EVgo charging station at the former Barnes & Noble site on State Route 31, both 7-0, on condition the EV parking spaces not be restricted to electric vehicles only
●• Approved four sign permits, 7-0 each, for a T-Mobile retailer on West Taft Road, an Edward Jones branch on State Route 31, a freestanding Honda/Logo sign on Henry Clay Boulevard, and Zaman Coffee House's drive-through signage on West Taft Road
●• Adjourned seven other cases without action, to August 13 or September 10, including the United Auto Supply renovation of the former Pep Boys on Oswego Road, Emerald Lawn Care, Pack Rat Storage, Sonbyrne Sales/Byrne Dairy, Seneca Savings, Mirabito Shopping Center, and the Canandaigua National Bank site plan, for which no one appeared
●• Meeting adjourned at 8:22 p.m.; next meeting set for August 13, 2025
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