Gabor Subdivision Hits Snag Over Non-Conforming Setback, Uncertain Timeline for Removing Old House
The Clay Planning Board tabled the Gabor Subdivision on Morgan Road after members raised concerns that a new lot line would create a non-conforming setback for a dilapidated house and the adjacent solar farm; the board also advanced two credit union projects, an EV-charging amendment, and The Learning Experience on Park Ridge Path.
2024 total solar eclipse over Onondaga Lake — photo:
TheWhistleGag
(BY 4.0)
▶Key Actions & Decisions
●• Board approved the April 22, 2026 minutes, 6-0 (Mr. Henty abstained)
●• Case #2026-028, West Taft Summit Credit Union (4955 West Taft Road) site plan adjourned to May 27, 2026 pending resolution of a county WEP easement issue and other plan corrections, 7-0
●• Case #2025-037, W Taft Northern Credit Union (5004-5008 West Taft Road) site plan adjourned to June 10, 2026 for a generator enclosure detail and a driveway/property-line item, 7-0
●• Case #2025-44, Chad Mutter/EV Charging Stations (7293 Buckley Road) amended site plan granted a SEQR negative declaration and site plan approval, both 7-0, conditioned on the engineer adding a required state expiration date to the PE stamp
●• Case #2025-054, Black Creek Equestrian Center (9605 Black Creek Road) adjourned to July 8, 2026 at the applicant's request, 7-0
●• Cases #2026-009/#2026-046, Gabor Subdivision Phase II and Final Plan (8150 Morgan Road) adjourned to May 27, 2026, 7-0, after Mr. Palumbo raised concern that shifting a lot line would leave a solar farm setback at roughly 25 feet instead of the previously approved 50 feet, and Ms. Guinup objected that a long-standing house on the new Lot 2A does not meet setbacks and said she would vote against the plan as discussed
●• Cases #2026-017/#2026-018, The Learning Experience (8233 Park Ridge Path) special permit and amended site plan granted SEQR negative declarations and approvals, all 7-0, with the site plan approval noting signage is not included
●• Sign permit for Allied Sign Company/Tully's Tenders (3567 State Route 31) for two wall signs approved, 7-0
●• Sign permit for Kassis Superior Signs/ASA American Steel and Aluminum (4522 Wetzel Road) for one wall sign and one freestanding sign approved, 7-0
The Town of Clay Planning Board ran into an unresolved land-use snag at its May 13 meeting, tabling a Morgan Road subdivision after two members objected that reworked lot lines would leave a solar farm and an old house out of compliance with the town's setback rules.
The board was reviewing Case #2026-009, the preliminary plat for Gabor Subdivision Phase II, and Case #2026-046, the subdivision's final plan, both for 8150 Morgan Road. David Bardoun of Bardoun Land Surveying, representing property owner Mr. Gabor, told the board that Lot 2A, a 4.6-acre parcel fronting Morgan Road with an old, vacant structure on it, would eventually be marketed for sale, while Lot 2B would remain with the current owner as a solar farm.
Member Karen Guinup pressed Bardoun on the timeline for removing the structure on Lot 2A, saying she had understood the house would come down soon but was now hearing the process could take longer, since removing the lot from the solar farm's lease first has to be worked out. Deputy Chair Russ Mitchell said he kept hearing "eventually" regarding the demolition timeline. Guinup said the arrangement, as now described, creates a non-conforming lot because the house does not meet setback requirements, and said she would vote against the plan.
Member Jim Palumbo raised a related concern about Lot 2B, asking whether the subdivision would preserve the setback requirements tied to the solar farm's existing special-permit approval. According to the minutes, Palumbo said the line that was supposed to sit 50 feet from the edge of the solar farm's fence now appears to be positioned at roughly 25 feet, which would make it non-conforming. Commissioner of Planning & Development Brian Bender said the setbacks for the solar field had not been checked as part of staff's review, which had focused on the Morgan Road frontage and the existing home that did not meet setback.
Planning Board Attorney Kathleen Bennett explained the structure on Lot 2A is pre-existing but becomes non-conforming as soon as the property is subdivided; Bender said "the clock resets" as it becomes non-compliant. Member Al McMahon asked whether a certificate of occupancy could be forfeited; Bender said no. Bender also said he had spoken with Mr. Grispino, who confirmed no complaints had been received about the property, and that the understanding at the time of approval was that the house would be removed as soon as the project was approved.
Chairwoman Michelle Borton asked whether the case could be adjourned to give the applicant and the planning department time to resolve the setback questions before the next meeting; all members agreed. Mr. Graves made the motion to adjourn both the preliminary plat and the final plan to May 27, 2026, seconded by Mr. McMahon, and it carried 7-0. Guinup's stated intent to vote against the plan did not come to a vote at this meeting, since the case was tabled rather than decided.
Elsewhere on the agenda, the board continued reviewing two credit union branches along West Taft Road. For Case #2026-028, the Summit Credit Union project at 4955 West Taft Road, Tim Coyer of Ianuzi & Romans said Onondaga County's WEP office had flagged an easement conflict, since the current plan shows fencing and shrubs where WEP says no permanent structures are allowed; Coyer said he would address it and report back. Board members also asked for revised zoning-table setback data, relocation of Northern Inkberry plants at the southern end of the parking lot to allow room for snow removal, and added exterior elevation and lighting-plan detail; Bender noted a Peppermill Lane resident had written in about fencing and landscaping to the north, which Coyer said would be addressed with new vinyl fencing. The case was adjourned to May 27, 2026, 7-0.
For Case #2025-037, the Northern Credit Union project at 5004-5008 West Taft Road, representative Jim Ballantyne of Napierala Consulting said the zone change and special permit had already been approved and the site plan adjusted accordingly. The board asked that a future driveway be shown to the property boundary and asked for details on the enclosure for a generator located at the southeast corner of the building. The case was adjourned to June 10, 2026, 7-0.
In other business, the board granted final approvals to an amended site plan for EV charging stations at Chad Mutter's property on Buckley Road, conditioned on the engineer adding a state-required expiration date to the professional engineer's stamp; both the environmental review and site plan were approved 7-0. The board also granted a special permit and amended site plan for The Learning Experience at 8233 Park Ridge Path, with the site plan approval specifying that signage was not included; both actions passed 7-0. A requested adjournment for the Black Creek Equestrian Center project on Black Creek Road was granted to July 8, 2026, also 7-0. The board additionally approved, without discussion, two wall signs for Tully's Tenders at 3567 State Route 31 and a wall sign and freestanding sign for ASA American Steel and Aluminum at 4522 Wetzel Road, both 7-0.
The meeting adjourned at 8:35 p.m. The board's next regular meeting is scheduled for May 27, 2026.
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.
Read our editorial policy.
Community Discussion
0 comments
Be the first to comment on this story.
🔍Ask Clay
Have a question about this story? Search across meeting transcripts, town history, and municipal code.
Related Planning Board Meetings
Clay Planning Board Delays Vote on 61-Lot Lawton Road Subdivision, Debates Traffic at Proposed R&F Plaza Bank
●• Board approved the minutes of the May 13, 2026 meeting (7-0).
●• Community Bank N.A.'s proposed 2,717-sf branch with drive-thru and ATM lanes at the Raymour & Flanigan Plaza (4000 Route 31) was adjourned to July 8, 2026, for a revised plan addressing lighting, HVAC screening, and traffic-flow concerns (7-0).
●• West Herr Automotive Group's zone change referral (Route 31, .78 acres, NC-1 to HC-1) to expand dealership parking was recommended to the Town Board (7-0).
●• Cornerstone Homes CNY LLC's zone change referral for a 61-lot subdivision on Lawton Road (RA-100 to R-7.5) was adjourned to June 10, 2026, pending comment from the Town of Cicero; no vote was taken on the rezoning itself (7-0 to adjourn).
●• Gabor Subdivision Phase II (8150 Morgan Road): board adopted a SEQR negative declaration (7-0) and approved the final plat (6-0, one member opposed).
●• Summit Federal Credit Union's site plan for 4955 West Taft Road was adjourned to June 10, 2026, at the applicant's request (7-0).
●• Farmstead Subdivision (Maple Roads Associates) final plat was adjourned to July 8, 2026, at the applicant's request (7-0).
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.
Clay Planning Board Splits 5-1 on Lawton Road Rezoning, Rejects Oversized Sign for Tully's Tenders
●• Approved the minutes of the May 27, 2026 meeting, 6-0.
●• Recommended a zone change from RA-100 to R7.5 for Cornerstone Homes CNY LLC's proposed "Reserve at Clay" subdivision on Lawton Road, 5-1, with Mr. Graves dissenting in favor of keeping the RA-100 zoning that neighbors preferred; a resident, David Yates of Brisbane Trail, raised concerns about the project's single entrance and the Town of Cicero's lack of response to the referral.
●• Gave a negative recommendation to the Zoning Board of Appeals, 6-0, on an area variance for Tully's Tenders (Allied Sign Company) at 3567 State Route 31 that would have allowed three wall signs and a 59-square-foot freestanding sign, versus the two signs and 32 square feet allowed by code.
●• Recommended approval to the Town Board, 6-0, of a special permit for AT&T Mobility to build a 114-foot cell tower on a 3.6-acre parcel near the Moyers Corners fire department at 7200 Henry Clay Blvd.
●• Approved a SEQR negative declaration and granted an amended site plan, both 6-0, for the Goguen Service Yard on Goguen Drive, with the engineer noting the applicant exceeded what was requested at initial review.
●• Granted final plat approval, 6-0, for section 8 (24 lots) of the Maple Road Associates subdivision after adding the case to the agenda by a 6-0 vote.
●• Adjourned to July 8, all by 6-0 votes, site plan or plat cases for West Herr Automotive Group's dealership expansion on Route 31, the Amazon Drone facility on Morgan Road, the Fisher Service Yard on Wetzel Road, the Northern Credit Union project on West Taft Road, the Henry Clay Warehouse project on Henry Clay Blvd., the Hinerwadels subdivision on West Taft Road, and the W Taft Summit Federal Credit Union branch at 4955 West Taft Road.
Redevelopment Planned for Beloved "Sweetheart Corner" in Clay
●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.
VFW Pavilion Plan Advances; Child Care Center Proposed for Park Ridge
●• Board approved the June 10, 2026 meeting minutes, 6-0
●• Case #2026-051, Amazon Drone Implementation (7211 Morgan Road): adjourned to July 22, 2026 at the applicant's request; no project details were discussed, 6-0
●• Case #2026-053, Matthews Auto Group (Kia) dealership expansion (3893 State Route 31): board reviewed stormwater, fire department sign-off, car-carrier turning radius and parking layout issues; adjourned to July 22, 2026, 6-0
●• Cases #2025-003/#2025-004, John E. Fisher Construction's Fisher Yard site plan and special permit (4593 Wetzel Road): both adjourned to August 12, 2026 at the applicant's request, 6-0 each
●• Case #2025-037, Northern Credit Union expansion (5004-5008 West Taft Road): board sought documentation on a wetland delineation letter before allowing the project to proceed; adjourned to July 22, 2026, 6-0
●• Case #2025-050, Henry Clay Warehouse amended site plan (7245 Henry Clay Blvd.), and Case #2025-054, Black Creek Equestrian Center site plan (9605 Black Creek Road): both adjourned without discussion to September 16, 2026, 6-0 each
●• Case #2026-022, Hinerwadels Subdivision preliminary plat (5300 West Taft Road): board discussed drainage easements affecting buildable lot area and a state-required traffic signal on West Taft Road; adjourned to August 12, 2026, 6-0
●• Case #2026-025, Community Bank N.A. at R&F Plaza (4000 State Route 31): adjourned to July 22, 2026 at the applicant's request, 6-0
●• Case #2026-028, Summit Federal Credit Union (4955 West Taft Road): applicant presented plan revisions addressing labeling, fencing and lighting; adjourned to July 22, 2026, 6-0
●• Case #2026-031, West Herr Expansion (3687 State Route 31): applicant presented revised car-carrier drop-off and stormwater plans; adjourned to July 22, 2026, 6-0
●• Two Burger King sign applications (7589 Oswego Road and 4035 State Route 31) tabled to July 22, 2026 pending more information on a 2011 variance and code interpretation
Community Discussion
0 commentsBe the first to comment on this story.