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ZONING BOARD OF APPEALS HEARING:
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Clay, New York on October 12, 2026, will hold a pre-agenda meeting at 5:30 P.M. in the Jury Room, followed by the Regular Meeting, public hearings beginning at 6:00 P.M., at the Clay Town Hall, 4401 State Route 31, Clay, New York, on the following matters:
Case #2014 – Walmart Inc., 8770 Dell Center Drive, Tax Map ID #021.-01-03.3. The applicant is seeking four Are
a Variances pursuant to Section 230-16C(4)(a)[2][c] and Section 230-16C(4)(a)[1][b] – Lot and Structure Dimensional Requirements, for a reduction in the rear yard setback from 75 feet to 70.7 for a principal building, 75 feet to 50.5 feet for an accessory structure, a reduction in the site perimeter landscape strip from 30 feet to 19.5, and Section 230-21E- Required Parking and Loading Spaces, for a reduction in required parking spaces from 619 to 536 spaces for a new convenience store and gas station in the southeast parking lot.
The current retail store requires 4 spaces/1,000 square feet, and the new convenience store and gas station require 5 spaces/acre, and 6 spaces/1,000 square feet of retail space. The property is in the Regional Commercial (RC-1) Zoning District.
Case #2019- Paul Licari, 8894 Caughdenoy Road, Tax Map ID #048.-01-06.0. The applicant is seeking three Area V
ariances pursuant to Section 230-17D(4)(b)[1][a] and Section 230-17D(4)(b)[3] Lot and Structure Dimensional Requirements, for a reduction in the front yard setback from 200 feet to 50 feet and a reduction in the rear yard setback from 25 feet to 20 feet, and Section 230-19A(5)-Highway Overlay Zone District, for a reduction in Highway Overlay Type C setback from 115 feet to 74 feet to permit construction of a warehouse and accessory parking. The property is in the Industrial 2 (I-2) Zoning District.
Case #2020 – Louis Pennacchia Jr., 110 Fletcher Drive, Tax Map ID #111.-05-06.0. The applicant is seeking two
Area Variances pursuant to Section 230-13D(4)(c)[1] – Lot and Structure Dimensional Requirements, for a reduction in the front yard setback from 25 feet to 7 feet; and Section 230-20B(2)(b) to have a fence height of 6 feet between the street line and setback line. The property is in the One-Family Residential (R-10) Zoning District.
Case #2021- Nicholas T. Cicolini, 8413 Sugar Pine Circle, Tax Map ID #056.-02-67.0. The applicant is seeking a
n Area Variance pursuant to Section 230-13E(4)(c)[4] - Lot and Structure Dimensional Requirements, for an increase in maximum height of an accessory structure from 12 feet to 14 feet. The property is the One-Family Residential (R-7.5) Zoning District.
Case #2022- David Elbert/Craig Gould, 4831 Lepinske Farm Place, Tax Map ID #063.-11-02.0. The applicant is see
king an Area Variance pursuant to Section 230-13C(4)(c)[4] - Lot and Structure Dimensional Requirements, for an increase in maximum height of an accessory structure from 12 feet to 15.4 feet. The property is the One-Family Residential (R-15) Zoning District
Case #2023- Todd Fritzen/Wetzel Storage LLC, 4664 Wetzel Road, Tax Map ID #087.-01-12.0. The applicant is seek
ing four Area Variances pursuant to Section 230-17C(4)(b)[1][a], Section 230-17C(4)(b)[1][b], and Section 230-17C(4)(b)[2]—Lot and Structure Dimensional Requirements. The requested variances would allow for a reduction in the front yard setback along Wetzel Road from 200 feet to 10.3 feet; a reduction in the front yard setback along Maltlage Drive from 50 feet to 20 feet; and a reduction in the side yard setback from 25 feet to 19.1 feet; and pursuant to Section 230-19A—Highway Overlay Type C, to reduce the required setback from 115 feet to 10.3 feet for the development of BESS equipment. The property is located within the Industrial 1 (I-1) Zoning District.
Case #2024 – Michael & Karen Cusano, 9481 Horseshoe Island Road, Tax ID #013.-03-02.0. The applicant is seekin
g an Area Variance pursuant to Section 230-13A(4) – Lot and Structure Dimensional Requirements, for a reduction in the front yard setback from 75 feet to 52 feet for a principal structure addition. The property is in the Residential Agricultural (RA-100) Zoning District.
Case #2025 – Kimbrook Route 31 Development LLC./Stewarts Shop Corp., 3566 State Route 31, Tax ID #052.-02-11.1
. The applicant is seeking an Area Variance pursuant to Section 230-19A(5) -Highway Overlay Zone District, for a reduction in the Highway Overlay Type A setback from 115 feet to 94 feet for the development of a gas fueling station. The property is in the Regional Commercial (RC-1) Zoning District. Dated October 1, 2026 b y order of the Zoning Board of Appeals, Town of Clay Vivian Mason, Chairperson