On the Same Route 31 Parcel, Clay's Board Splits 6-1 Twice — With a Different Dissenter Each Time
At its March 17, 2025 meeting, the Clay Town Board approved special permits for a drive-thru coffee shop and a drive-thru bank on the same 9.57-acre Route 31 parcel at Lawton Road, each by a 6-1 vote — but Councilor Ryan Pleskach cast the lone no on the coffee shop and Supervisor Damian Ulatowski cast the lone no on the bank moments later. The board also opened a contested hearing on a proposed Byrne Dairy gas station on Buckley Road and settled a tax dispute cutting a Great Northern out-parcel's assessment from $294,261 to $83,500.
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▶Key Actions & Decisions
●• Case #1212 — Mirabito Energy Projects/Kelly-Tobin Development Corp., drive-thru coffee shop, Route 31 at Lawton Road (Tax Map 077.-34-17.1, +/-9.57 acres): environmental determination passed 7-0; special permit approved 6-1, Councilor Pleskach voting no.
●• Case #1213 — same applicant, same 9.57-acre parcel, drive-thru bank: environmental determination passed 7-0; special permit approved 6-1, Supervisor Ulatowski voting no (Pleskach voted yes on this one).
●• Opened a public hearing on Case #1222, Sonbyrne Sales/Byrne Dairy's proposed convenience store and 10-position gasoline station at 7190 Buckley Road (+/-2.47 acres); after residents raised traffic, retention-pond, trash and privacy concerns, the board adjourned the hearing to April 21 at 7:35 p.m.
●• Closed a public hearing on Onondaga County Community Development Funds with no public comment beyond a question about where the allocation would be posted; Supervisor Ulatowski said past awards to the Town have run between 50 and 200 thousand dollars.
●• Voted 7-0 to schedule an April 7 public hearing (7:35 p.m.) on Case #1223, Northern Credit Union's request to rezone 5004-5008 West Taft Road from PDD/R-10 to NC-1 for a bank/credit union with drive-in service.
●• Voted 7-0 to schedule an April 7 public hearing (7:38 p.m.) on Case #1224, McDonald's USA LLC's special permit for a drive-thru restaurant at 4979 W. Taft Road.
●• Adopted the Standard Work Day Reporting resolution for elected and appointed officials in the state retirement system, 7-0.
●• Approved a sewer lateral connection for Empire Management of CNY/Brew Team NY at 3906 Brewerton Road into the Fay Road Sewer District, at no cost to the Town, contingent on a $700 fee; passed 7-0.
●• Approved settlement of the Ranalli Generations LLC tax certiorari action, reducing the assessment on the 4155 State Route 31 out-parcel (Great Northern) from $294,261 to $83,500 for the 2022 tax year, with the Town's refund liability capped at $15,000; passed 7-0.
●• Meeting adjourned at 8:13 p.m., 6-0.
Twice at its March 17, 2025 meeting, the Clay Town Board voted 6-1 to approve a drive-thru business on the same 9.57-acre lot at Route 31 and Lawton Road. Twice, the applicant was the same company. And twice, a different board member cast the lone no.
The first vote, on Town Board Case #1212, approved a special permit for Mirabito Energy Projects/Kelly-Tobin Development Corp. to build a drive-thru coffee shop on the parcel, in the town's HC-1 Highway Commercial District. The board had already found unanimously, 7-0, that the project was an unlisted action under a completed environmental assessment with no other permitting agency involved and no significant environmental effect. On the permit itself, Councilors Wisnowski, Young, Bick and Capria voted yes, along with Councilor Magaro-Dolan and Supervisor Ulatowski. Councilor Ryan Pleskach voted no. Motion carried, 6-1.
Minutes later, the board took up Case #1213 — the same company, the same 9.57-acre tract, the same address and tax map parcel, this time for a drive-thru bank. The environmental finding again passed 7-0. On the permit vote, the roll call flipped: Pleskach voted yes this time. The no vote instead came from Supervisor Damian Ulatowski, who presided over the meeting. The permit still carried, 6-1. The minutes record no stated reason for either dissent.
The board's attention then turned to a more contested case still far from resolved. A public hearing opened on an application from Sonbyrne Sales, Inc., doing business as Clay-Dolshire Byrne Dairy, to build a convenience store and gas station with 10 fueling positions on 2.47 acres at 7190 Buckley Road, the former site of a carwash near Clay Park South. Christian Brunelle, speaking for the applicant, told the board the company has not yet purchased the property and will not until it secures the special permit. He said the store would sit at the rear of the lot behind three curb cuts — two on Buckley Road and one on Dolshire Drive — with sidewalks, an arborvitae buffer and a brick façade meant to complement the North Medical building across the street, though he said the company would substitute fencing, trees or a different façade material if the board preferred. Asked by Councilor Young how much traffic to expect, Brunelle estimated about 180 cars per hour at peak, with a traffic study still to come.
The concerns followed quickly. Councilor Pleskach said he supports Byrne Dairy's stores generally but flagged the retention pond, nearby neighbors and what he called one of the busiest intersections in town. Councilor Capria, who said he lives close to the site, worried about traffic backing up past Bailey Road to the funeral home. A couple who live on Dolshire Drive told the board that trash already blows into their yard from a dumpster on the site and raised concerns about gas smell, noise and loss of privacy. Supervisor Ulatowski said he would refer the application to the Planning Board for review, and the board adjourned the hearing to April 21 at 7:35 p.m.
Two more drive-thru applications are now queued behind it: the board set an April 7 hearing on Northern Credit Union's request to rezone 5004-5008 West Taft Road for a bank with drive-in service, and another the same night on a McDonald's USA special permit for a drive-thru restaurant at 4979 W. Taft Road.
In other business, the board closed a hearing on the town's Onondaga County Community Development Funds application without comment beyond a resident's question about where the numbers would be posted; Ulatowski said past awards to the town have run between 50 and 200 thousand dollars, with this year's allocation still unknown. The board also approved, at no cost to the Town, a sewer lateral connection for Empire Management of CNY/Brew Team NY at 3906 Brewerton Road, contingent on a $700 fee, and adopted a standard work-day reporting resolution for officials in the state retirement system.
The board additionally settled a tax certiorari action brought by Ranalli Generations LLC over an out-parcel of the Great Northern shopping plaza at 4155 State Route 31, cutting the assessment for the single 2022 tax year from $294,261 to $83,500 and capping the Town's refund liability at $15,000. The meeting adjourned at 8:13 p.m.
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 Town Board Meetings
Clay Board Closes Hearing on Twin Mirabito Drive-Thrus After Planning Board Called Two Too Much for the Parcel
●• Closed, after hearings adjourned from October 21, November 18, December 16, 2024 and February 3, 2025, the public hearings on Mirabito Energy Projects/Kelly-Tobin Development Corp.'s special permits for a drive-thru Dunkin' Donuts (Case #1212) and drive-thru NBT Bank (Case #1213) at Route 31 and Lawton Road; no vote on the merits was taken.
●• Approved 6-0 the SEQR determination and zone change from RA-100 to O-2 Office with Highway Overlay for Seneca Savings' proposed financial facility at 5332 State Route 31 (Case #1218).
●• Approved 6-0 the SEQR determination and zone change from RA-100 to R-15 for Marc Lebiedzinski's 7985 Morgan Road property (Case #1219).
●• Adjourned 6-0 the Laurel Springs zone-change public hearing (senior housing scaled down from 71 to 60 units) to April 7, pending Town research into how the 55-plus age restriction applies to a resident's spouse or child under 55.
●• Adjourned 6-0 the Goguen Drive Realty special-permit hearing to April 7.
●• Adopted 6-0 a resolution scheduling a March 17 public hearing on Sonbyrne Sales/Clay-Dolshire Byrne Dairy's proposed gas station and convenience store at 7190 Buckley Road (Case #1222).
●• Approved 6-0 reauthorizing the Town's Public Employer Mandatory Health Emergency Plan.
●• Approved 6-0 a contract with C&S Engineers, Inc. not to exceed $25,500.00 for the landfill post-closure environmental monitoring program, and a separate $16,000.00 agreement with the same firm for groundwater sampling and inspection at the Maider Road Waterfront site.
●• Approved 6-0 participation in the CNY Regional Planning & Development Board's stormwater compliance assistance program at a flat fee of $3,600.00 per municipality.
●• Heard, with no vote taken, MCFD's Mark Goettel raise a LOSAP benefit-increase request — to $30 per qualifying year of service, with the eligibility age dropped from 62 to 60 — that he said has gone unanswered by the Town since he first raised it in 2021.
Accident Count Climbs From 4 to 25 as Clay Board Adjourns Two West Taft Road Hearings
●• Adjourned the Northern Credit Union zone change hearing (Case #1223, 5004-5008 West Taft Road) to April 21 at 7:44 p.m., after residents raised property-value and traffic concerns and the applicant agreed to explore O-2 office zoning instead of NC-1. Ayes 7, Noes 0.
●• Adjourned the McDonald's USA special permit hearing (Case #1224, 4979 W. Taft Road) to May 5 at 7:41 p.m., after the applicant's initial count of four accidents on the stretch was corrected to 25 total accidents in three years. Ayes 7, Noes 0.
●• Adjourned the Goguen Drive Realty special permit hearing (Case #1220) to May 5 at 7:38 p.m., at the applicant's request. Ayes 7, Noes 0.
●• Closed the public hearing on the Laurel Springs zone change (Case #1221) — previously denied under Case #1205 in August 2024 — after the applicant reduced the proposal to 12 units per building and received a positive Planning Board recommendation; no vote recorded.
●• Called an April 21 public hearing on the Seneca Savings Financial Facility special permit (Case #1225) for a bank/credit union with drive-thru on Route 31. Ayes 7, Noes 0.
●• Called an April 21 public hearing on the Justin's Canine Campus special permit (Case #1226) for a dog daycare at Marketfair North Plaza on Route 31. Ayes 7, Noes 0.
●• Renewed the Adult Crossing Guard Services contract with All City Management Services for one year at $33.59/hour per guard, based on 1,980 hours, not to exceed $66,508.20/year. Ayes 7, Noes 0.
●• Called an April 21 public hearing on 2025 Community Development Block Grant funding, after a Highway Superintendent reassessment prioritized repairs to Woodward Way and Winchester Drive over Steelway Blvd. South, now pushed to 2027. Ayes 7, Noes 0.
●• Called an April 21 public hearing on 2026 Community Development Block Grant funding for Maltage Drive and Goguen Drive, application due April 11, 2025. Ayes 7, Noes 0.
●• Approved the Town's 2025 funding application and five-year plan with Onondaga County Community Development, and a joint application renewing Onondaga County Soil and Water Conservation's permit to hand-pull water chestnuts from the Seneca River in 2026. Ayes 7, Noes 0 (both).
Clay Board Hears Three Separate Bank Drive-Thru Applications in a Single Meeting
●• Approved SEQR findings and adoption of the Laurel Springs zone change (Highway Commercial to Senior Residential) for a senior housing project on +/-4.74 acres at W. Taft Road. Ayes 6, Noes 0 (both votes).
●• Adjourned the Sonbyrne Sales, Inc./Clay-Dolshire Byrne Dairy special permit hearing to May 5 at the applicant's request. Ayes 6, Noes 0.
●• Opened the Seneca Savings Financial Facility special permit hearing for a bank with drive-thru at 5332 State Route 31, referred it to the Planning Board, and adjourned to May 5; the minutes do not record a vote tally on the adjournment itself.
●• Opened the Justin's Canine Campus special permit hearing for a dog daycare at 4112 State Route 31 (Marketfair North Plaza) and learned the site had been advertised at +/-15.06 acres when the actual tax parcel is 0.345 acres; board did not require re-advertising since the real footprint is smaller. Adjourned to May 5. Ayes 6, Noes 0.
●• Held a public hearing on 2025 Community Development Block Grant funding and shifted urgent paving priority to Woodward Way and Winchester Drive, pushing Steelway Blvd. South to 2027.
●• Held a public hearing on 2026 CDBG funding covering Maltage Drive and Goguen Drive; Deputy Supervisor Bick said eligibility is based on residential mean income.
●• Heard renewed neighbor objections on the Northern Credit Union zone change (W. Taft Road) over traffic and privacy; applicant had already revised the plan to an O-2 Office District request with a larger buffer. Adjourned to May 5. Ayes 6, Noes 0.
●• Called a May 5 public hearing on a Canandaigua National Bank special permit for a drive-in bank on +/-74.82 acres of Oswego Road land. Ayes 6, Noes 0.
●• Approved a $656,184.00 transfer from the Capital Reserve Account to buy two 2025 Western Star plow trucks for the Highway Department. Ayes 6, Noes 0.
●• Approved a drainage easement agreement with 3567 RT 31 TT, LLC and an easement/stormwater maintenance agreement with KRSM, LLC on Buckley Road. Ayes 6, Noes 0 (both).
Clay Rewrites Noise Law to Fix a Typo — and Leaves No End Date on Micron Construction Noise
●• Town Board held a public hearing on Local Law No. 1 of 2025, correcting a mis-cited noise-code section (152-4 H, not 154-4 H) that exempts construction and demolition noise in Industrial 2 zones — home to the Micron project — with no stated end date; the hearing closed with no recorded adoption vote, and written opposition was filed with the Town Clerk.
●• Residents Janet Rathburn and Mike LaPointe questioned how long and how extensive the noise exemption would be; Councilor Ryan Pleskach said he has asked the state DOT about sound barriers along Routes 481 and 31 but that the state has so far been resistant.
●• Board voted 7-0 that a proposed Summit Federal Credit Union branch at 5047 West Taft Road would have no significant effect on the environment, then denied, 6-0 (Councilor Edward Wisnowski abstaining), the zone change needed to build it, citing traffic and the unsignalized Cedar Post intersection.
●• Edward Wisnowski was sworn in to fill Luella Miller's unexpired Town Board term (to 12/31/2027); later in the meeting, Vivian Mason was appointed Zoning Board of Appeals chair to fill the seat Wisnowski vacated (to 12/31/2025).
●• Approved, 7-0, the petition establishing the Delta Sonic Sewer District Contract No. 1.
●• Adjourned, at the applicant's request, two Mirabito Energy Projects/Kelly-Tobin drive-thru special permit hearings (coffee shop and bank, Route 31 at Lawton Road) to March 3, 2025, 7-0 each.
●• Closed public hearings without a vote on the Seneca Savings Financial Facility zone change (5332 State Route 31) and the Marc Lebiedzinski zone change to subdivide a Morgan Road parcel.
●• Scheduled a March 3, 2025 hearing, 7-0, on the Laurel Springs zone change for senior housing on West Taft Road, a project the board denied under a different case number in August 2024.
●• Approved, 7-0 each, a $285,000 John Deere wheel loader and $685,000 in Western Star plow trucks for the Highway Department, plus matching bond resolutions.
●• Approved, 7-0, installation of two fire hydrants on Devitt Circle, paid for by developer Dan Bargabos, with the Town to be billed $92.96 per hydrant annually.
Clay Board Weighs Two Bank Drive-Thrus, Sets Hearing on a Third After Credit Union Withdraws and Refiles
●• Northern Credit Union's zone-change application (Case #1223) was withdrawn by the applicant; the board voted 7-0 to schedule a May 19 public hearing on a new application (Case #1229) to rezone 5004-5008 West Taft Road from PDD/R-10 to O-2 for a bank/credit union with drive-in service.
●• Public hearing closed, no vote taken: Canandaigua National Bank (Case #1227) special permit for a drive-in bank on Oswego Road, including two teller lanes, an ATM lane and a bail-out lane.
●• Public hearing closed, no vote taken: Seneca Savings Financial Facility (Case #1225) special permit for a bank with drive-thru on Route 31; Councilor Pleskach said it was a good use of the O-2 parcel and could set a precedent for the Route 31 corridor.
●• Public hearing closed, no vote taken: Justin's Canine Campus (Case #1226) special permit for an 80-100 dog daycare in the former Firestone building at Marketfair North Plaza.
●• Board voted 7-0 to adjourn hearings at applicants' request: Goguen Drive Realty (Case #1220) to June 16, McDonald's USA (Case #1224) to June 2, and Sonbyrne Sales/Byrne Dairy (Case #1222) to May 19.
●• Board approved (7-0) the 2025 CDBG road-repair application prioritizing Woodward Way and Winchester Drive this year, pushing Steelway Blvd. South to 2027; separately approved (7-0) a 2026 CDBG application for Maltage Drive and Goguen Drive.
●• Board adopted (7-0) an amended Workplace Violence Prevention Program required under state labor law, and authorized (7-0) bid advertising for Phase II contracting on the Green Education Center, with bids due June 4.
●• Board awarded (7-0 each) two NYSERDA-grant-funded contracts: $11,300.00 to Isaac HVACAR for a tankless water heater, and $77,661.00 to Huen Electric for LED lighting at Town Hall.
●• Board approved (7-0 each) release of subdivision securities to developers for Riverwalk Sections 4 and 5 and Farmstead Section 5, reducing each withheld amount to $0.00.
Wrong Permit, Wrong District: Clay Board Punts Contested Fuel-Tank Storage Case to Planning Board
●• Denied McDonald's USA's Special Permit for a drive-thru at 4979 Taft Road (Case #1210), 6-0, ruling the application abandoned after five adjournments dating to August 2024; no one appeared for the applicant.
●• Renewed Casual Estates LLC's 2025 license for the Madison Village Mobile Home Court, 6-0, contingent on renewal fees; the Town Clerk confirmed payment was received.
●• Opened a public hearing on a proposed sewer district to serve a planned Delta Sonic carwash on Route 31, to be built and paid for entirely by Delta Sonic and later dedicated to the town; closed without a recorded vote.
●• Continued a contested hearing on Goguen Drive Realty LLC's special permit to store empty fuel tanks used on the I-81 construction project, after councilors said the S-1 permit type isn't allowed in the I-1 district and residents cited safety concerns and a prior code violation; referred to the Planning Board and adjourned the hearing to March 3, 2025, 6-0.
●• Approved installation of three stop signs, creating a three-way stop, at the northern intersection of Mediator Way and Weller Hall Place, 6-0.
●• Scheduled a Feb. 3, 2025 hearing on Local Law No. 1 of 2025, re-filing a construction-noise exemption for Industrial 2 districts after the original version (Local Law No. 3 of 2024) was mistakenly enacted under a code section that doesn't exist; Councilor Bick took responsibility for the error, 6-0.
●• Released $27,142.11 in performance securities to Superior Waste Removal for trash and brush districts, 6-0.
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