Mirabito

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…

Motion read by Mr. Palumbo. Mrs. Chairwoman: In the matter of the application of the planning board case No. 2025-026 for Kelly-Tobin Development/Mirabito Shopping Center Site Plan, I move the adoption of a resolution using standard form #10 SEQR tha…

Motion read by Mr. Palumbo. Mrs. Chairwoman: In the matter of the application of planning board case No 2025-026 for Kelly-Tobin Development/Mirabito Shopping Center Site Plan, I move the adoption of a resolution using standard form #20 Site Plan be …

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 made by Mr. Graves. Mr. Chairman: In the matter of the application of the planning board case No. 2025-015 Seneca Savings, I move the adoption of a resolution using standard form #10 SEQR, that the proposed action is an unlisted action and doe…

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…

Mr. McMahon asked if a couple more layer of trees could be put in that open area as more of a buffer. Mr. Napierala will certainly look into this and did say there is already 360 ft. of separation to the residents’ property line. Mr. Napierala said t…

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…

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

Chairperson Mason asked Code Enforcement Officer Karousos if he had any questions or comments, and he had none. Chairperson Mason asked if anyone in the audience had any questions or comments. ZONING BOARD OF APPEALS – October 13, 2025 Town of Clay…

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…

Mr. Auerback stated they would operate independently. Erika Rossman, 5515 Tobin Path asked if the proposed bank would be full-service. ZONING BOARD OF APPEALS – October 13, 2025 Town of Clay Page 8 of 13 The applicant advised yes, the bank would b…

MOTION was made by Mr. Frantzis, whereas the Town of Clay Planning Board requested an interpretation of the Town Code to determine if, according to the Clay Town Code, a gasoline service center is an allowed use in the HC-1 Zone Classification if it …

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 …

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…

Motion made by Mr. Graves. Mr. Chairman: In the matter of the application of the planning board Case No. 2024-050 for Pack Rat Storage, 4717 Wetzel Road, I move the adoption of a resolution using standard form #20 Site Plan be granted based on a ma…

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…

Motion made by Mr. Henty to adjourn Case #2025-026 Mirabito Shopping Center to October 22, 2025. Seconded by Ms. Guinup. Motion Carried: 7-0. **Case #2025-042 – COR Route 31 Company, LLC/Price Chopper (3) – 3863 State Route 31 – Amended Site P…

OLD BUSINESS: Case #1979 – Russ Mitchell, Town of Clay Planning Board, Chairman, requesting an Interpretation of a definition pursuant to Section 230-16 B.(2) – Highway Commercial Uses Allowed and Interpretation of a definition pursuant to Sec…

5. If the Town Board wishes to change or amend the code to remove any ambiguity or allowed use change, it is encouraged to do so. Issue: The Town of Clay Planning Board requested an interpretation of the Town Code to determine if, according to …

4. The relevant portion of the definition of a Shopping Center contained in the Code is “Land planned. improved and managed to accommodate a grouping of two or more commercial uses in one of more buildings designed to share parking, access, signage…

Motion Carried: 7-0. Planning Board Regular Meeting July 23, 2025 Page 7 of 10 **Case #2025-015 – Seneca Savings (3) – 5332 State Route 31 – Site Plan (Adj. 3) Motion made by Mr. Graves to adjourn case #2025-015 to August 13, 2025. Secon…

ZONING BOARD OF APPEALS – July 14, 2025 Town of Clay Page 6 of 12 Statute of Limitations: There has been an issue with the statute of limitations running out and the Planning Board couldn’t legally ask for an interpretation from the ZBA. Since…

Motion Carried: 6-0. **Case #2025-026 – Mirabito Shopping Center (3) – 5560 State Route 31 – Site Plan Chairman Mitchell said there has been some question and a clarification is needed to determine from Zoning Board of Appeals (ZBA). The chai…

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…

APPROVED At the REGULAR MEETING of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the February 3, 2025, at 7:30 P.M., there were: PRESENT: Damian Ulatowski Supervisor Joseph Bick Deputy Supervisor/Councilor Eu…

Motion was seconded by Councilor Young. Ayes - 7 and Noes - 0. Motion carried. ZONE CHANGE (D) - Town Board Case # 1216 - THE SUMMIT FEDERAL CREDIT UNION: Councilor Pleskach moved the adoption of a resolution denying Town Board Case #1216: THE SUMMIT…

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…

Planning Board Regular Meeting January 29, 2025 Page 11 of 14 Tobin that this would stay a green area. Promises were not upheld. This is in my backyard. Looking out for the health and wellbeing of the neighborhood. Chairman Mitchell …

Motion made by Mr. Palumbo: Mr. Chairman: In the matter of the application of planning board case No. 2024-048 for Mirabito Energy Products, Drive thru for coffee shop Special Permit Referral and Case No 2024-049 for Mirabito Energy Products, Dri…