Every Applicant Called the Hardship Self-Created. Only the Chickens Got Denied.
The Town of Clay Zoning Board of Appeals denied a Tirrell Hill Circle homeowner's bid to keep chickens as pets on a third-of-an-acre lot on June 9, 2025, then approved four other setback variances for additions, a garage and two sheds in a meeting that opened at 6 p.m. and closed 20 minutes later.
Syracuse skyline, seen from across Onondaga Lake — photo:
Quintin Soloviev
(BY 4.0)
▶Key Actions & Decisions
●• 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
Five applicants came before the Town of Clay Zoning Board of Appeals on June 9, and five of them told the board, in one form or another, that the reason they needed a variance was their own doing. Only one left with a denial.
That was Alexa Dickson, of 7783 Tirrell Hill Circle, who was seeking permission to keep chickens as pets on a lot zoned R-7.5. Town code classifies chickens as farm animals, which require a minimum of five acres to raise; Dickson's property, roughly 62 by 209 feet, was described in the case as about 0.30 acres. Board member Ryan Frantzis read findings into the record calling the request substantial and warning that granting it would let the applicant raise farm animals in what the board described as a thickly settled residential area, an activity it said could bring added odor and noise. The board also noted Dickson could relocate to a larger property, even if doing so would be financially difficult. Frantzis moved to deny; Porter seconded; Chairperson Vivian Mason, Frantzis and Porter all voted in favor of the denial, and the application was rejected.
The four cases that followed ran through the same five-part legal test — undesirable neighborhood change, feasibility of alternatives, whether the ask is substantial, adverse effects, and self-created hardship — and each applicant answered the same way on that last point: yes, self-created. Each was approved anyway, unanimously, because the board's own findings on the other four questions came out differently than they had for Dickson.
Jennifer Dunbar, of 7392 Henry Clay Blvd., sought reduced front and side yard setbacks for an addition to her main house and garage; her mother, Maryann Dennis, presented the case, telling the board it was meant to add storage and privacy for herself as the applicant's aging mother. Code Enforcement Commissioner Joseph Grispino, asked for comment, characterized the project as an "in-law suite" — a description Dennis confirmed. The board approved the variance with the condition that construction match the submitted site exhibit.
Deborah Magaro-Dolan, of 207 Riverdale Road, and her husband Steven Dolan asked to replace an existing 8-by-10 shed with a 10-by-16 shed in the same location, needing tighter side and rear setbacks to do it. Steven Dolan told the board the new shed would take up only 2 percent of the property and would "blend in better" than the one it replaces. Approved.
Robert Seniecle, of 8867 Canter Drive, asked to build a new 16-by-26 attached garage requiring a front setback reduced from 25 feet to 7.5 feet, saying a smaller structure would not meet his storage needs. Approved.
Neil Warner, of 11 Mallard Path, sought a rear setback reduction to replace an existing shed with a new 10-by-14 structure. His was the only hearing to draw any audience reaction all night — two people in attendance raised their hands in support when Mason asked if anyone favored the variance. Approved.
In each of the four approved cases, the record shows the board asking Grispino and the audience for objections and receiving none, then accepting the applicant's own answers on undesirable change, feasibility, substantiality and adverse effects at face value. In the Dickson case, by contrast, it was Frantzis and the board that supplied the answers to those same four questions — and answered them the opposite way.
The meeting also disposed of routine business: the board accepted minutes from its April 14 and May 12 sessions and, as it does at the start of most meetings, classified all new applications as Type II actions under the State Environmental Quality Review Act, a designation that exempts them from further environmental review. Chairperson Mason opened the meeting at 6 p.m. and closed it 20 minutes later, having heard five cases with no case taking more than a few minutes of board discussion. Member Karen Liebi and the board's regular attorney, Robert Germain, were both absent; attorney Neil Germain sat in.
This article was drafted by AI (claude-sonnet-agent) from the official meeting transcript and reviewed by a human editor.
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Related Zoning Board of Appeals Meetings
Backyard Chicken Request Splits a Clay Neighborhood; Zoning Board Defers Ruling, Then Clears an Unopposed Barn Variance
●• Case #1971 (Alexa Dickson, 7783 Tirrell Hill Circle): sought an area variance to keep chickens as pets on a 0.30-acre lot, well under the 5 acres the code requires for farm animals; eight residents spoke, five in favor and three opposed, and written comments were also mixed; Chairperson Mason closed the hearing but deferred a decision to a future meeting — no vote taken.
●• Case #1972 (Andrew Selesky, 4014 Maider Road): sought an area variance to raise the maximum height of a detached accessory structure from 25 to 27 feet to build a barn; no one spoke for or against it; approved unanimously (Porter, Frantzis, Mason all in favor) on a motion by Mr. Porter, seconded by Mr. Frantzis, conditioned on substantial compliance with Exhibit "A."
●• Case #1967 (Northern Credit Union, 5004-5008 Taft Road): the applicant withdrew the application; no vote taken.
●• The board voted unanimously, on a motion by Chairperson Mason seconded by Mr. Frantzis, to classify all of the night's new actions as Type II under the New York State Environmental Quality Review process (SEQR) and issue negative declarations unless the board's attorney advised otherwise.
●• Approval of the April 14 minutes was postponed to the board's June 9 meeting because of pending corrections.
●• Members Karen Liebi and Chelsea Clark were absent; the meeting, called to order at 6:00 p.m., adjourned at 6:49 p.m.
Clay Zoning Board Hears Contested Mirabito Gas Station Question, Closes Hearing Without a Ruling
●• 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.
Clay Zoning Board Approves Crossroads Park Security Fences the Applicant's Own Team Called Substantial
●• Case #1967 (Northern Credit Union, 3584 State Route 31): adjourned to the May 12, 2025 meeting at the applicant's request, pending revisions based on Onondaga County Planning Board recommendations.
●• Case #1968 (Sign Pro Inc./Community Bank, 7379 Oswego Road): Area Variance to increase allowable wall signs from two to four approved 3-0 (Frantzis, Liebi, Mason in favor), conditioned on substantial compliance with Exhibit A.
●• Case #1969 (Donald Shay/Crossroads Park Lot 1, 4611 Crossroads Park Drive): Area Variances reducing front yard setback from 25 to 10 feet and raising allowable front-yard fence height from 2 1/2 to 7 feet approved 3-0, conditioned on compliance with Exhibit A and the fence being chain link.
●• Case #1970 (Donald Shay/Crossroads Park Lot 2, 4615 Crossroads Park Drive): identical variances approved 3-0 on the same conditions.
●• In both Crossroads Park cases, the applicant's representative told the board the need for the variances was self-created and, unlike in the other cases heard that night, affirmatively stated the variances were substantial.
●• Chairperson Mason told a member of the audience that the Onondaga County Planning Board had not provided comment on the Crossroads Park applications.
●• Deputy Chairperson Liebi asked whether the proposed fence would be electric (no) and about material stored on-site; Interim Planning Commissioner Tessier confirmed the fence type as chain link.
●• The meeting opened at 6:00 P.M. and adjourned at 6:19 P.M.; Member David Porter was absent.
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.
Apartment Firearm Transfer Request Delayed; Shed Replacement Approved
●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).
Zoning Board Approves Pottery Class Permit on Caughdenoy Road, With One Condition: No Parking on the Road
●• Chairperson Vivian Mason called the meeting to order at 6:00 p.m.; Karen Liebi, Ryan Frantzis and David Porter were present, Alternate Member David Hess was absent.
●• Adopted the 2025 Scheduling Calendar, confirmed Karen Liebi as Deputy Chairperson, and acknowledged Chelsea Clark's Town Board appointment as Secretary and Robert Germain's (Germain & Germain) appointment as Attorney. Unanimously carried.
●• Accepted the December 14, 2024 minutes as submitted; noted the January 13 and February 10, 2025 meetings were cancelled for lack of business. Unanimously carried.
●• Adopted a blanket SEQR Type II negative declaration for all new actions taken at the meeting, unless the attorney advised otherwise. Unanimously carried.
●• Case #1966 — Timothy R. See, 8380 Caughdenoy Road: heard a request for a Special Permit under Section 230-13 A.(2)(d)[1] and Section 230-27 I.(2)(a) to hold pottery classes in a pole barn on his RA-100 Residential Agricultural District property.
●• Board members questioned the applicant on class size (about one student per week), septic and permit status, and the absence of a kiln; Mr. See described the classes as "build and destroy" based, with students not taking pottery home.
●• Chris Close, 5160 Lyle Drive, raised concern in public comment about students parking on Caughdenoy Road near a sharp, cattail-lined curve where he said many accidents occur.
●• Attorney Robert Germain noted Caughdenoy Road is county-owned and parking on it is prohibited; he also found the action Unlisted with a filed short-form EAF, no other permitting authorities involved, and no significant environmental effect requiring a DEIS.
●• Approved the Special Permit for Case #1966 with the condition of no parking on Caughdenoy Road. Roll call: Frantzis, Porter, Liebi and Mason all in favor. Unanimously carried.
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