Lawton Road

ZONE CHANGE (PH) - Town Board Case # 1251 - THE RESERVE at CLAY: A public hearing to consider Town Board Case #1251: THE RESERVE AT CLAY for a Zone Change from RA-100 Residential Agricultural District to R-7.5 One-Family Residential to allow for fut…

Motion Carried: 6-0. Case #2026-032 Reserve at Clay – Cornerstone Homes CNY LLC – Lawton Rd. Zone Change Referral (Adj. 1) Mr. Tim Coyer, Ianuzi & Romans, is present to address the board on behalf of the applicant. Chairwoman Borton said th…

Planning Board Regular Meeting June 10, 2026 Page 9 of 10 Mr. Mitchell – yes Chairwoman Borton – R7.5 could be appropriate as long as it is designed properly when we get to preliminary plat. I would also advise the town board to work with…

Motion made by Mr. Mitchell: Mrs. Chairwoman: In the matter of the application of planning board case No 2026-032 for change of zone from RA-100 to R7.5 for Cornerstone Homes LLC Lawton Road, I move to recommend to the Town Board using standard fo…

Motion Carried: 7-0. Case #2026-032 Cornerstone Homes CNY LLC – Lawton Road, Zone Change Referral Mr. Tim Coyer, Ianuzi & Romans, is present to address the board on behalf of the applicant. The applicant is proposing to change the zoning of the si…

Planning Board Regular Meeting May 27, 2026 Page 6 of 8 Chairwoman Borton stated OCPB had determined that this referral will have no significant adverse implications, but had the following comments: • Any extension of public waste water con…

public hearing. ZONE CHANGE (PH) - Town Board Case # 1251 — THE RESERVE at CLAY: A public hearing to consider Town Board Case #1251: THE RESERVE AT CLAY for a Zone Change from RA-100 Residential Agricultural District to R-7.5 One-Family Residential…

Aman said he currently has drainage issues and fear this will only make it worse and wondered how the applicant would mitigate any issues flowing onto his property. Mr. Coyer explained by law, new development cannot add to neighbors’ drainage problem…

public hearing. Councilor Young said he would like to see regulation on drones. He said he had just read that Amazon will be using drones to deliver packages and feels as this technology is more widely used, regulations will need to be put in place. …

Old Business: Case #2025-026 – Kelly-Tobin Development/Mirabito Shopping Center, 5566 State Route 31, Site Plan, (Adj. 6) Mr. Matt Napierala is present to address the board. Mr. Napierala stated the changes requested have been made as submitted on D…

Old Business: Case #2025-026 – Kelly-Tobin Development/Mirabito Shopping Center, 5566 State Route 31, Site Plan (Adj. 5) Mr. Matt Napierala is present to address the board. Chairman Mitchell referred to the responses the applicant presented to the…

Motion Carried: 5-0. **Case #2025-026 – Mirabito Shopping Center (3) – 5566 State route 31 – Site Plan (Adj. 3) Mr. Matt Napierala, Napierala Consulting, is present on behalf of the applicant. Mr. Napierala said the Zoning Board of Appeals (ZBA) ma…

Page 5 of 14 Planning Board Regular Meeting October 22, 2025 Mr. Napierala continued the presentation of the site plan and spoke on the egress exit from the Dunkin drive thru area. This will exit into a 30 ft lane to the east and back to get to th…

Mr. Palumbo discussed the plantings on the west side of the property. Evergreen symbols should be shown on the drawings. The choice of trees should be an 8 ft. white pine rather than blue spruce. Because the fence is 6 ft. the 8 ft white pine trees w…

Ms. Yvonne Arnold, 5568 Wyandra Dr., presented a power point presentation. This power point presentation was also presented at the ZBA meeting October 13, 2025. Ms. Arnold said she was speaking on behalf of the Lawton Valley residents and had over 30…

Yvonne Arnold, 5568 Wyandra Drive, presented a PowerPoint (Exhibit 3) that included Town Code, Definitions in Town Code, Mirabito franchise information from their business webpage. Mrs. Arnold does not believe that Mirabito should be defined as a Sho…

Roll Call: Mrs. DesRosier - in favor Mr. Porter - in favor Mr. Frantzis -in favor Deputy Chairperson Liebi …

• Who we are: Homeowners and residents of the Lawton Valley Hunt Community. • Why we’re here: To present evidence of zoning misclassification and its impacts. • What we bring: Factual analysis and petition signatures. • Our request: That the…

10/22/2025 Protecting Residential Character in Lawton Valley Hunt 4 Mirabito’s Business Model • Fueling Operations – Gasoline & diesel sales as primary revenue driver • Convenience Retail – In-store sales (food, beverages, hous…

10/22/2025 Protecting Residential Character in Lawton Valley Hunt 11  Side view Front view Convenience Store …

Circle K CITGO 8578 Henry Clay Blvd. Clay, NY 13041 Provides a Cliff’s Local Market & SUBWAY (Across from Clay Marketplace) 10/22/20…

“Where will overflow traffic go if Dunkin’ and NBT Bank drive-throughs peak at the same time?” 10/22/2025 Protecting Residential Character in Lawton Valley Hunt 20 Lawton Road ‘Conditions’ taken October 2025 Appr…

Cars often drive onto the wrong side of Lawton Road due to its narrow width and disrepair, creating daily …

Heavy delivery trucks and fuel tankers would accelerate the road’s deterioration, compounding safety hazards …

Mirabito’s Business Model HC-1 Zone Operates as a regional convenience store and fueling hub, Applies to modest parcels where intensity must requiring high-volume deliveries and customer traffic…

Mirabito’s Business Model HC-1 Zone Seeks parcels to Applies to modest parcels where accommodate fueling, retail, intensity must not overwhelm and stacking. adjacent uses. 10/22/2025 Protecting R…

10/22/2025 Protecting Residential Character in Lawton Valley Hunt 29 230-16 B (1) (a) Two residences within the HC-1 zone 10/22/2025 Protecting Residential Character in Lawton Valley Hunt 30 Aerial Vie…

Proposed Project Location R-7.5 R-7.5 R-7.5 10/22/2025 Protecting Residential…

10/22/2025 Protecting Residential Character in Lawton Valley Hunt 38  Applicant Claim vs. Verified Fact Applicant’s Claim Verified Fact Parcel totals 9.57 usable acres Misrepresentation of Parcel …

Traffic, parking, and stacking The plan does not illustrate the required 38 parking spaces under §230-21(B). Overflow traffic can be accommodated will impact Lawton Road’s residential area. 10/22/2025 …

10/22/2025 Protecting Residential Character in Lawton Valley Hunt 47 230-21 Parking and loading A (1) (2) (3) 10/22/2025 Protecting Residential Character in Lawton Valley Hunt 48 230-21 Parking and loading A (1) (2) (3) (cont’d) 1…

adjournment to follow. ZBA meets on October 13, 2025 to review the motion for a re-hearing. Mr. Matt Napierala is present to address the board and did a power point presentation on the Mirabito project. Power Point included: • Project is identifi…

Planning Board Regular Meeting September 10, 2025 Page 6 of 10 Mr. Napierala concluded his presentation and Mr. Chris Lynch showed the drawings of the exterior of the building incorporating red brick and architectural panels. Chairman Mit…

Planning Board Regular Meeting September 10, 2025 Page 7 of 10 Ms. Borton said NYS DOT approval is needed for Lawton Rd. Ms. Borton asked about the relocation of the gas line. Mr. Napierala has been in contact with National Grid and will …

Ms. Kate Durant, 5734 Boulia Drive, addressed the board. Her concerns are: • Lighting – 24 hrs. per day • Street Noise • Lots of additional traffic • Caughdenoy Road – no lights • Lawton Road is difficult to get out now without additional vehic…

APPROVAL of MINUTES: Councilor Magaro-Dolan made a motion to approve the minutes of the March 3, 2025 Regular Town Board Meeting. Motion was seconded by Councilor Young. Ayes - 6 and Noes - 0. Motion carried. Councilor Bick abstaining due to absence.…

Motion was seconded by Councilor Young. Ayes - 7 and Noes - 0. Motion carried. SPECIAL PERMIT (A) – Town Board case # 1212 - MIRABITO ENERGY PROJECTS/KELLY-TOBIN DEVELOPMENT CORP.: Councilor Bick moved the adoption of a resolution approving Town Boar…

Motion was seconded by Councilor Young. Ayes - 6 and Noes – 0. Motion carried. ZONE CHANGE (PH) – Town Board Case # 1221 – LAUREL SPRINGS ZONE CHANGE: A public hearing to consider the application of Town Board Case #1221: LAUREL SPRINGS ZONE CHANGE f…

Public hearing to consider the application of Town Board Case #1212: MIRABITO ENERGY PROJECTS/KELLY-TOBIN DEVELOPMENT CORP., for a Special Permit pursuant to Section 230-16 B.(2)(e)[7] – Drive-in Service to allow for a drive-thru coffee shop on land …

Motion Carried: 7-0 **Case #2024-048 Mirabito Energy Products (5) Rte. 31 at Lawton Road – Special Permit Referral – Drive thru for a coffee shop (Adj. 2) and **Case #2024-049 Mirabito Energy Products (5) Rte. 31 at Lawton Road – Special Pe…

Planning Board Regular Meeting January 29, 2025 Page 10 of 14 convenience store, subway store and two drive thru locations. There is so much activity with vehicles at this plaza and it also being a very busy corner. Chairman Mitchell sai…