⚖️ Zoning Board of Appeals
Zoning Board Unanimously Approves Three Home Improvement Variances
The Town of Clay Zoning Board of Appeals approved area variances for three residential projects during their October 13 meeting, including requests for deck construction and structural additions.
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Key Actions & Decisions
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Approved variance for Richard Metz (4907 Joyce Place) to reduce front yard setback from 25 ft to 10 ft and increase fence height to 7 ft (5-0 vote).
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Approved variances for Matthew Caves (4608 Ver Plank) to reduce setbacks for home addition and pole barn (5-0 vote).
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Approved variance for Sam Ziparo (4861 West Taft Road) to reduce highway setback from 140 ft to 95 ft for a roofed deck (5-0 vote).
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Applicant David Meleski withdrew a request for a Special Permit regarding a home occupation for firearms transfers.
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Board determined all new actions are Type II under SEQR with negative declarations.
CLAY — The Town of Clay Zoning Board of Appeals (ZBA) convened on October 13 to address several residential property improvement requests, ultimately granting variances to three homeowners seeking to modify their properties.
The meeting, held at the Clay Town Hall and presided over by Chairperson Vivian Mason, was marked by a lack of public opposition to the applications. All voting members—Deputy Chairperson Karen Liebi, and members Ryan Frantzis, David Porter, and Mary Lou DesRosier—were present. Attorney Robert Germain, Planning & Development Commissioner Brian Bender, and Code Enforcement Officer Terry Karousos also attended.
One item of business was removed from the agenda before discussion began. Case #1986, an application by David Meleski for a Special Permit to conduct a home occupation involving the transfer of firearms and ammunition, was withdrawn by the applicant.
The board moved on to approve three residential variances.
**Fence and Setback Variances**
Richard H. Metz appeared before the board regarding his property at 4907 Joyce Place. Metz requested an area variance to reduce the front yard setback from 25 feet to 10 feet and to increase the height of a front yard fence from the maximum 2.5 feet to 7 feet.
According to the minutes, Metz explained that he had built an addition on his corner lot and wished to extend the fence perpendicular to the new structure. He provided a photo for the board’s review and staked out the proposed fence line, a gesture Deputy Chairperson Liebi appreciated.
Metz addressed the board’s Standards of Proof, arguing that the variance would not adversely affect the neighborhood's character and that no feasible alternative existed. He acknowledged that the need for the variance was self-created.
Following a public hearing where no comments were offered, Deputy Chairperson Liebi made a motion to approve the variances, provided they be in substantial compliance with Exhibit “A.” The motion carried 5-0.
**Home Addition in Agricultural District**
The board also heard a request from Matthew Caves for his property at 4608 Ver Plank, located in the RA-100 Residential Agricultural Zoning District. Caves sought multiple reductions in setbacks: front yard from 75 feet to 33 feet, side yard from 25 feet to 17 feet, and rear yard from 25 feet to 13 feet. He also requested a reduction in the designated highway setback for a pole barn from 65 feet to 57 feet.
Caves explained the variances were necessary to add onto his existing home and pole barn, moving both structures closer to the property lines.
During the questioning, Deputy Chairperson Liebi inquired about tree removal on the property. Caves explained that trees were cut to create more usable yard space.
Despite Caves noting that the variance requests were "substantial," the board found no detriment to the neighborhood. A motion by Mr. Porter to approve the variances, conditioned on substantial compliance with Exhibit “A,” passed unanimously.
**Construction of Roofed Deck**
In the final residential case, Sam Ziparo sought a variance for his home at 4861 West Taft Road. He requested a reduction in the designated highway setback from 140 feet to 95 feet to construct a wrap-around deck with a roof system on the front and west facades.
Ziparo confirmed that the new deck would not interfere with a business operating out of a pole barn on the property. He acknowledged the variance was substantial but argued it would not negatively impact the area.
Following the public hearing, Mr. Frantzis introduced a motion to approve the variance, which was seconded by Mr. Porter. The board voted 5-0 in favor.
The board also handled standard procedural motions, accepting minutes from the September 8 meeting and determining that new actions were Type II under the State Environmental Quality Review (SEQR), receiving negative declarations.
Coverage of the Zoning Board of Appeals meeting on 2025-10-13,
Town of Clay, NY.
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