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• Project Site Location • ZBA Standard of Proof • Variance Requests (ZBA Case #1988)
• Permitting Drawing List Micron New York Semiconductor Manufacturing Facility - Planning Board Presentation - October 08, 2025 2
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Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 4
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Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 6
(ZBA CASE #1988) • NUMBER OF REQUIRED LOADING SPACES • NUMBER OF REQUIRED PARKING SPACES • FENCE HEIGHT RESTRICTIONS • SITE SETBACK REQUIREMENTS • ACCESSORY STRUCTURE REQUIREMENTS 7 VARIANCE REQUEST #1- RELIEF FROM NUMBER OF REQUIRED LOADING SPACES TOWN OF CLAY ZONING CODE § 230-21(E) STANDARD OF PROOF CRITERIA COMPLIANCE
neighborhood, nor will a detriment be created to nearby properties through granting this variance. Reducing the number of loading spaces allows the site to be designed to preserve as much green space as possible for its workers, visitors, and the community.
square footage of the buildings. The square footage of each of Micron’s buildings cannot be feasibly changed because they are carefully designed to align with the production needs of the company.
footprint of the site and align the number of loading spaces with the needs EXCERPT FROM ZONING BOARD OF APPEALS NARRATIVE - SECTION II-A of the business, including its projected daily deliveries. 4. The request will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Reducing the number of loading spaces reduces the impervious surfaces on site and allows more efficient site utilization. This approach preserves more of the remaining wetlands and habitats on site.
self created. The square footage and footprint of Micron’s Fabs and ancillary buildings are carefully aligned with its production goals to maintain a competitive position in a strategically important industry. Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 8 VARIANCE REQUEST #1- RELIEF FROM NUMBER OF REQUIRED LOADING SPACES
Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 9 VARIANCE REQUEST #2- RELIEF FROM NUMBER OF REQUIRED PARKING SPACES TOWN OF CLAY ZONING CODE § 230-21(E) STANDARD OF PROOF CRITERIA COMPLIANCE
neighborhood, nor will a detriment be created to nearby properties through granting this variance. Reducing the number of parking spaces allows the area to maintain as much natural vegetation and green space as practicable for its workers, visitors, and neighbors.
square footage of the buildings. The square footage of each of Micron’s buildings cannot be feasibly changed because they are carefully designed to align with the production needs of the company.
footprint of the site and align the number of loading spaces with the needs EXCERPT FROM ZONING BOARD OF APPEALS NARRATIVE - SECTION II-B of the business, including its projected workforce and visitors.
impact on the physical or environmental conditions in the neighborhood or district. The U.S. Army Corps. of Engineers and the NYS Department of Environmental Conservation have requested that Micron reduce the number of parking spaces to reduce impacts on wetlands and habitat areas. The number of parking spaces in the site plan reflects this request and preserves as much green space, wetland, and habitats as possible.
self created. The square footage and footprint of Micron’s Fabs and ancillary buildings are carefully aligned with its production goals to maintain a competitive position in a strategically important industry. Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 10 VARIANCE REQUEST #2- RELIEF FROM NUMBER OF REQUIRED PARKING SPACES
The project has 60 designated EV spots in the surface parking lot (shown in blue).
Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 11 VARIANCE REQUEST #3- RELIEF FROM FENCE HEIGHT RESTRICTIONS TOWN OF CLAY ZONING CODE § 230-17(D)(5)(c)(2) STANDARD OF PROOF CRITERIA COMPLIANCE
neighborhood, nor will a detriment be created to nearby properties because the property is located in an industrial zone, where similar security measures are common and expected. The fencing will be professionally installed and maintained to ensure visual compatibility with the area.
shorter fence does not provide sufficient deterrence against unauthorized access to the site. A taller perimeter fence must be used in addition to EXCERPT FROM ZONING BOARD OF APPEALS NARRATIVE - SECTION II-C other security measures as the first line of protection for Micron’s workers, guests, and the public.
3. The request is not substantial within the I-2 zone, where it is common to have taller perimeter fencing, proportionate to the industrial use and operational security of manufacturing and other industrial businesses. 4. The request will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The fence will be professionally installed and will not impact drainage or other onsite environmental considerations such as wetlands. 5. The taller fence requirement is caused by the sensitivity and safety needs of Micron’s operations but is consistent with other industrial manufacturing operations in the I-2 zone. This should not preclude the granting of this request because it does not negatively affect the surrounding area and provides safety benefits to Micron’s workers, guests, and the public.
Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 12 VARIANCE REQUEST #3- RELIEF FROM FENCE HEIGHT RESTRICTIONS
Visualization of fencing at campus perimeter Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 13 VARIANCE REQUEST #4- RELIEF FROM SETBACK REQUIREMENTS FOR CERTAIN STRUCTURES EXCERPT FROM ZONING BOARD OF APPEALS NARRATIVE - SECTION II-D EXCERPT FROM ZONING BOARD OF APPEALS NARRATIVE - SECTION II-D Request Summary
Micron is seeking relief from the setback requirements to allow for an 8.5- foot perimeter fence, landscaping, and lighting within the setback areas along Route 31, Caughdenoy Road and Burnet Road as well as relief to erect fences around the stormwater retention ponds that are within setbacks.
Micron anticipates a monument sign and structural foundations for the adjacent rail spur conveyance system will need to be located within the setback limitations. The monument sign is proposed to be located near the main entrance of the campus along Caughdenoy Road. Micron seeks relief to place structural foundations for the conveyance system associated with the adjacent rail spur site within the setback on Caughdenoy Road. Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 14 VARIANCE REQUEST #4- RELIEF FROM SETBACK REQUIREMENTS FOR CERTAIN STRUCTURES STANDARD OF PROOF CRITERIA COMPLIANCE STANDARD OF PROOF CRITERIA COMPLIANCE Safety and Security Needs (Fencing, Lighting, Landscaping) Other Structures (Monument Sign and Rail Spur Conveyance Footings) 1. No undesirable change will be produced in the character of the neighborhood, nor 1. No undesirable change will be produced in the character of the neighborhood, nor will a will a detriment be created to nearby properties because the property is located in an detriment be created to nearby properties by the proposed monument sign because it is industrial zone, where similar security measures are common and expected. The typical for industrial businesses in the area. Additionally, the rail spur conveyance system fencing, landscaping, and lighting would not impact traffic along Route 31 and footings specifically, which are the subject of this request, would not impact the character of Caughdenoy Road and would provide a natural visual barrier to the site. the neighborhood.
2. Micron’s security standard cannot be met by other means because a fence outside of 2. The ability for Micron to designate its main entrance, especially for visitors who may be the setback areas constrains the design of the critical buildings necessary for unfamiliar with the campus, cannot be achieved by other means outside of the setback area. semiconductor manufacturing. The benefits of the rail spur cannot be achieved without the footings located within the setback because the alternative would be trucking aggregate materials from the rail spur 3. The request is not substantial within the I-2 zone, where it is common to have across Caughdenoy Road during peak construction of the project and increase truck traffic, perimeter fencing, landscaping buffers, lighting, and fences around secure locations which would defeat the intention of the rail spur site. where the design is proportionate to the industrial use and operational security of manufacturing and industrial businesses. 3. The request to locate a monument sign at the main entrance is not substantial because it is typical for industrial facilities and assists the public in identifying the proper entrance to the 4. The request will not have an adverse effect or impact on the physical or site. While the rail spur system would be a change to the area, the footings specifically, which environmental conditions in the neighborhood or district. The fences will be are the subject of this request, are not a substantial change to the area. professionally installed and will not impact drainage or other onsite environmental considerations such as wetlands. Environmental impacts are minimized to stay within 4. The placement of a monument sign will not have an adverse effect or impact on the physical the “limits of disturbance” (LOD) as shown on the Site Master Plan. or environmental conditions in the neighborhood or district but would provide a benefit to drivers allowing quick identification of the campus entrance. Additionally, the rail spur footings 5. The need for perimeter fencing, landscaping, lighting and stormwater pond fencing is would not create an undesirable change to the character of the neighborhood. caused by the sensitivity and safety needs of Micron’s operations as well as Micron’s desire to provide green space on its campuses for its employees, visitors, and 5. The need for a monument entrance sign is a hardship that is self-created but should not neighbors. These features are consistent with other industrial manufacturing preclude the granting of a variance because it is not substantial, there is no alternative, and operations in the I-2 zone. would not change the character of the neighborhood nor cause environmental impact. Similarly for the rail spur footings, the only alternative is to eliminate the rail spur site, which would increase the environmental impacts to the region and significantly delay the project. Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 15 VARIANCE REQUEST #4- RELIEF FROM SETBACK REQUIREMENTS FOR CERTAIN STRUCTURES TOWN OF CLAY ZONING CODE § 230-17 D(4)(b) TOWN OF CLAY ZONING CODE § 230-19 A(3)(b) TOWN OF CLAY ZONING CODE § 230-19 A(4)(b)(1)
Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 16 VARIANCE REQUEST #4- RELIEF FROM SETBACK REQUIREMENTS FOR CERTAIN STRUCTURES TOWN OF CLAY ZONING CODE § 230-19 A(6)(a) TOWN OF CLAY ZONING CODE § 230-19 A(4)(b)(1) Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 17 VARIANCE REQUEST #4- RELIEF FROM SETBACK REQUIREMENTS FOR CERTAIN STRUCTURES
200’ FRONT YARD SETBACK
Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 18 VARIANCE REQUEST #5- ACCESSORY STRUCTURE REQUIREMENTS EXCERPT FROM ZONING BOARD OF APPEALS NARRATIVE - SECTION II-E STANDARD OF PROOF CRITERIA COMPLIANCE
neighborhood, nor will a detriment be created to nearby properties. The accessory structures that can be seen from the roadways have been intentionally designed with appealing facades, landscaped entrances and courtyards, and screening of unsightly equipment. 2. The benefits sought by this request cannot be achieved by other methods.
The needs of the fab and supporting structures have been engineered and designed in a highly technical manner that allows for the optimization of operations for this complex facility.
TOWN OF CLAY ZONING CODE § 230-11 accessory structures behind the principal use causes other more substantial issues to the operational needs of the site, the impact to community character, and the environment. The site is constrained by wetland habitats to the north, making it virtually impossible to rearrange the buildings on the site.
consideration the least environmentally consequential locations and layout for the site as discussed with regulatory agencies USACE and NYSDEC throughout the permitting process. 5. The hardship is not self-created but is a result of the operational needs of the industry, the scale of the campus which impacts pedestrian walking distance considerations, and the site constraints that exist, including the Note: For this project, Micron has delineated the federal and state-regulated wetlands in the north of the property which principal and secondary structures, diagramed on this site plan intentionally preserves. slide 21. See sheet PMT_B000_A0_0303 for full size drawing.
Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 19 VARIANCE REQUEST #5- ACCESSORY STRUCTURE REQUIREMENTS TOWN OF CLAY ZONING CODE § 230-17 D(4)(b-c) Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 20 VARIANCE REQUEST #5- ACCESSORY STRUCTURE REQUIREMENTS Accessory Structure: A structure or mechanical equipment or decorative device attached or detached from the principal structure.
Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 21
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• Full size Project Permitting Drawings are on file with the Town of Clay, New York.
• Issued for Permit – August 28th, 2025 Micron New York Semiconductor Manufacturing Facility - Zoning Board Hearing Presentation - October 13, 2025 23