Clay, New York
· Thursday, August 13, 2026· Aug 13, 2026
click for forecast ↓↓
⚖️ Zoning Board of Appeals
Fire Access Concerns Push Oswego Road Pole Barn Case to August, After Bid to Cut Setback From 25 Feet to 2.3 Feet
The Town of Clay Zoning Board of Appeals adjourned a contested pole barn variance on Oswego Road to August 10 after Code Enforcement and fire officials warned the requested setback would block firefighter access, while approving two sign variances on 4-1 votes and two fence variances unanimously at its July 13 meeting.
●Case #2001: Applicant Greg Fischel of Allied Sign Company (3567 State Route 31) withdrew a request for a larger freestanding sign but won approval, 4-1 (Liebi opposed), for a third, non-illuminated wall sign matching the size of an existing oval sign.
●Case #2005: Paul Licari (8894 Caughdenoy Road) withdrew his application for two setback variances tied to a proposed warehouse and parking area.
●Case #2006: Sarah Vartabedian (9656 Beaver Watch Path) unanimously won a front yard setback reduction from 25 feet to 10 feet and a 6-foot fence height allowance, to gain backyard space and family privacy.
●Case #2007: Ulrich Sign Co. Inc. (3687 State Route 31), represented by Chris McCaffrey, won approval 4-1 (Liebi opposed) to enlarge a freestanding sign from 32 to 40.11 square feet; Planning & Development Commissioner Brian Bender confirmed the applicant is acquiring the adjacent property to the west and is scheduled before the Planning Board on July 22.
●Case #2008: Finger Lakes Construction (8247 Oswego Road), represented by Anthony Natale, sought a front yard setback reduction from 25 feet to 2.3 feet and a height increase from 12 to 18.4 feet for a pole barn. Code Enforcement Commissioner Joseph Grispino and Code Enforcement Officer Mike Brown said the barn as proposed would hinder fire department access; Grispino said Code Enforcement and the fire department had agreed a 10-foot setback would be "palatable." No vote was taken on the variances; the board voted unanimously to adjourn the hearing to August 10, and the applicant is expected to reconsider the barn's size.
●Case #2009: Johann Weigl (200 Fletcher Drive) unanimously won a front yard setback reduction from 16.6 feet to 0 feet and a 6-foot fence height allowance to connect an existing chain-link fence, to be replaced with vinyl, to the house.
●The board accepted the June 8, 2026 meeting minutes and voted to classify all new actions at the July 13 meeting as Type II under SEQR, resulting in a negative declaration.
●The minutes contain two internal inconsistencies not resolved in the article: Case #2001's applicant is named "Greg Fischel" in the case caption but "Mr. Fishel" in the body text; and roll calls for Cases #2006-#2009 list a "Ms. DesRosiers" who does not appear on the meeting's Present or Absent rosters, in the seat Case #2001's roll call assigns to Michael Becker.
The Town of Clay Zoning Board of Appeals sent a contested pole barn variance on Oswego Road back for redesign at its July 13, 2026 meeting, voting to adjourn the case to August 10 after two town officials said the project as proposed would block fire department access to the site.
Anthony Natale, appearing on behalf of applicant Finger Lakes Construction at 8247 Oswego Road, asked the board for two area variances: a reduction in the required front yard setback from 25 feet to 2.3 feet, and an increase in the maximum height of an accessory structure from 12 feet to 18.4 feet, to build a pole barn with a covered porch facing the backyard. Natale said the applicant moved to the property eight months ago, does not have enough garage space, and wants the barn positioned to allow for privacy and a future pool. Asked to address the standards of proof, the applicant said other options, such as moving the barn farther back on the lot, existed but were undesirable because of sloping and drainage concerns, and acknowledged the need for the variances was self-created.
Code Enforcement Commissioner Joseph Grispino and Code Enforcement Officer Mike Brown, who is also identified in the minutes as an MCFD volunteer, told the board the barn as proposed would sit too close to the road and would create serious challenges for firefighters needing to reach the area. Board member Ryan Frantzis asked whether the applicant would consider shrinking the barn to open up space between the structure and the road. Grispino said Code Enforcement and the fire department had discussed the matter and agreed a 10-foot setback would be "palatable."
Resident Janet Rathburn of 4760 Freestone Road asked why the barn needed to reach 18 feet in height; Natale said the roofline would angle upward to accommodate a 10-foot garage door requiring a header. Rathburn also asked whether a business would be operated out of the barn; Natale said no, it would be for personal use only, and confirmed to Grispino that it would not include living space. No one signed up to speak for or against the variances, and the board took no vote on the setback or height requests. Instead, Chairperson Vivian Mason moved to adjourn the hearing to August 10, a motion seconded by Frantzis that carried unanimously. The minutes note the applicant will consider changes to the size of the proposed barn.
The board also acted on two sign variance requests in the Highway-Commercial District, both decided on 4-1 votes with Deputy Chairperson Karen Liebi opposed. In Case #2001, held over from the June 8 meeting, applicant Greg Fischel of Allied Sign Company at 3567 State Route 31 withdrew his request for a larger freestanding sign but proceeded with a request for a third wall sign, where town code allows two; the additional sign would match the size of an existing oval sign and would be non-illuminated. The board approved it, with Michael Becker, David Porter, Frantzis and Mason in favor and Liebi opposed.
In Case #2007, Ulrich Sign Co. Inc. sought to enlarge a freestanding sign at 3687 State Route 31 from the maximum 32 square feet to 40.11 square feet. Applicant Chris McCaffrey said the new sign would replace the existing one, conceal its steel support beams, and add landscaping around its base. Liebi said she liked the proposed sign's base but questioned the need for the larger size; McCaffrey said Chevrolet manufactures only certain sign sizes and this was the smallest one the applicant considered reasonable, an increase of 8 square feet. Planning & Development Commissioner Brian Bender confirmed the applicant is acquiring the adjacent property to the west and said the applicant is scheduled to appear before the Planning Board on July 22. The variance passed, again with Liebi as the lone opposing vote.
Two residential fence-related variances passed unanimously. Sarah Vartabedian of 9656 Beaver Watch Path won a front yard setback reduction from 25 feet to 10 feet and permission for a 6-foot fence between the street line and setback line, saying she wanted to use more of her backyard and add a fence for her family's privacy and safety. Johann Weigl of 200 Fletcher Drive won a front yard setback reduction from 16.6 feet to 0 feet and the same 6-foot fence height allowance, to connect an existing chain-link fence, to be replaced with vinyl, to the house; Weigl told the board the fence predated his purchase of the property.
In Case #2005, applicant Paul Licari of 8894 Caughdenoy Road withdrew his request for two area variances that would have reduced setbacks to allow a warehouse and accessory parking at his Industrial 2-zoned property on Caughdenoy Road.
The board also accepted the minutes of its June 8 meeting and, on a motion from Chairperson Mason, voted to treat all new actions at the July 13 meeting as Type II under the State Environmental Quality Review Act, resulting in a negative declaration unless otherwise advised by the board's attorney. The meeting opened at 6:00 p.m. and adjourned at 6:34 p.m.
Minutes report. Drafted by our AI minutes pipeline from the official minutes — the board's own record of the meeting — and checked against that record by an automated verification gate before publication.
The board met and heard new variance cases, including Allied Sign's request for oversized signage on Route 31. The file the town posted as these minutes is actually a March agenda; we have asked the town to post the correct file.
●SEQR: the board classified all of the night's actions as Type II with a negative declaration; motion by Chairperson Vivian Mason, seconded by David Porter, unanimously carried.
●Case #1999 (Robert Aluzzo/John Anthony Properties LLC, 8285 Oswego Road): approved variances cutting the side yard setback from 20 to 9 feet and raising the accessory-structure height limit from 12 to 18 feet for a 16-by-24-foot detached garage; motion by Michael Becker, seconded by Porter; roll call unanimous (DesRosier, Porter, Becker, Mason all in favor).
●Case #2000 (Erik Turner/Community Bank, 4000 State Route 31): approved variances reducing the required side yard setback from 75 to 44 feet and the site perimeter landscape strip from 30 to 25 feet for a new bank building and drive-thru; motion by Becker, seconded by Porter; roll call unanimous (DesRosier, Porter, Becker, Mason all in favor).
●Both approvals are conditioned on construction matching the site plan submitted as Exhibit A.
●Planning & Development Commissioner Brian Bender said the Onondaga County Board had submitted referral comments on the bank project, but that they pertain to the project's still-pending Special Permit and Site Plan reviews rather than the variance request.
●Representatives for both applicants acknowledged, under the board's standard five-part test, that the need for their variances was self-created.
●No members of the public spoke for or against either application, and the Planning Department reported no remonstrance to either request.
●Deputy Chairperson Karen Liebi and member Ryan Frantzis were absent; alternate member Michael Becker sat in, casting votes and making both approval motions.
Maple Road Residence Gets Green Light for Home Office Addition
Community Discussion
0 commentsBe the first to comment on this story.