After three earlier postponements, the Clay Town Board closed its May 19, 2025 public hearing on a Byrne Dairy convenience store and gas station on Buckley Road, but the minutes record no vote on the application, and the developer told the board that Onondaga County won't issue driveway permits until its own Buckley Road widening project finishes in fall 2027. The same night, the board approved a bank branch and a dog daycare unanimously and a rival bank branch on a rare 4-2 split, and closed out a credit union's zone change.
Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
APPROVED
At the REGULAR MEETING of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the May 19, 2025, at 7:30P.M., there were:
PRESENT:
Damian Ulatowski Joseph Bick Eugene Young Supervisor Deputy Supervisor/Councilor Councilor Deborah Magaro-Dolan Councilor David Capria Councilor Edward Wisnowski Councilor Jill Hageman-Clark
Town Clerk
Robert Germain Town Attorney Ron DeTota Town Engineer David Tessier
ABSENT:
Ryan Pleskach OTHERS PRESENT:
Interim Commissioner Plan & Development Councilor Russ Mitchell, Planning Board Chairman; Hal Henty, Planning Board Member. Mike Redhead, Fire Inspector and Mike Brown, MCFD Chief.
The meeting was called to order by Supervisor Ulatowski at 7:30P.M. All present joined in the Pledge of Allegiance.
APPROVAL of MINUTES:
Councilor Magaro-Dolan made a motion to approve the minutes of the May 5, 2025
Regular Town Board Meeting. Motion was seconded by Councilor Capria.
Ayes - 6 and Noes - 0. Motion carried.
CORRESPONDENCE:
Supervisor Ulatowski asked if anyone wished to address the Town Board about anything not on tonight's agenda.
Janet Rathburn said that she had spoken to the Codes Department and wants to know why the fees for building permits, and such have not been increased in a number of years. She continued, with Micron coming these fees should reflect the increases associated with the times.
SPECIAL MEETING OF THE TOWN BOARD – May 19, 2025 Town of Clay Supervisor Ulatowski said that the residents/taxpayers should not be overburdened by increasing fees.
Ms. Rathburn continued that she is also concerned by the increasing number of Solicitors and the fact that most do not bother to get a permit or the required background check. She asked who enforces this and how can residents feel protected going forward. Ms. Rathburn also stated that some solicitors may not be aware they are required to obtain a permit and suggested perhaps signage explaining this such as the signs as entering the Village of North Syracuse.
Supervisor Ulatowski said that he would look into this adding that he thinks the most effective way to handle this is to go to the company not the individual solicitor. Ms. Rathburn said sometimes they will not give the name of the company and are often not wearing any identification. She continued that she called the police, and they were condescending and ridiculed her.
Supervisor Ulatowski said he would do what he could.
Darlene Piper asked what is going on with Clay Park South. She continued, the tennis courts are gone and there is trash all over. She said that she goes and cleans trash that may have blown out of the uncovered dumpsters.
Supervisor Ulatowski said that this was discussed in the premeeting; adding that the tennis courts may be repurposed (perhaps pickle ball) and they are trying to rehab the park. Ms. Piper responded that basketball courts would be a good addition. The Supervisor asked the Clerk to make note of that.
CANCELLATIONS and/or REQUESTED ADJOURNMENTS:
There were no cancellations or adjournments.
SPECIAL PERMIT (SEQR) – Town Board Case #1227 - CANANDAIGUA NATIONAL BANK:
Councilor Young moved the adoption of a resolution regarding the application of
Town Board Case #1227: CANANDAIGUA NATIONAL BANK for a Special Permit pursuant to Section 230-16 C.(2)(e)[2] – Drive-thru Service, to allow for construction of a bank with drive-thru service on land located at 7515 & 7519 Oswego Road, Tax Map No. 093.-04-08.1, consisting of +/- 74.82 acres of land, is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The proposed project will not have a significant effect on the environment and 2 SPECIAL MEETING OF THE TOWN BOARD - May 19, 2025 Town of Clay therefore does not require the preparation of an EIS. Motion was seconded by Councilor Wisnowski.
Ayes - 6 and Noes - 0. Motion carried.
SPECIAL PERMIT (A) – Town Board Case #1227 - CANANDAIGUA NATIONAL BANK:
Councilor Young moved the adoption of a resolution approving Town Board Case
#1227: CANANDAIGUA NATIONAL BANK for a Special Permit pursuant to Section 230-16 C.(2)(e)[2] – Drive-thru Service, to allow for construction of a bank with drive-thru service on land located at 7515 & 7519 Oswego Road, Tax Map No. 093.-04-08.1, consisting of +/- 74.82 acres of land. The property is located in the RC-1 Regional Commercial District. Motion was seconded by Councilor Wisnowski. A Roll Count Vote went as follows:
Councilor Wisnowski Aye Councilor Young
Aye
Councilor Bock
Aye
Councilor Magaro-Dolan No Supervisor Ulatowski Aye Councilor Capria No
Ayes - 4 and Noes - 2. Motion carried.
SPECIAL PERMIT (SEQR) – Town Board Case #1225 - SENECA SAVINGS FINANCIAL FACILITY:
Councilor Wisnowski moved the adoption of a resolution regarding the application of
Town Board Case #1225: SENECA SAVINGS FINANCIAL FACILITY for a Special Permit pursuant to Section 230-15 В.(2)(e)[2] – Bank/Credit Union, to allow for a bank with drive-thru service on land located at 5332 State Route 31, Tax Map No. 051.-01-11.1, consisting of +/- 2.66 acres of land, is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an EIS. Motion was seconded by Councilor Young.
Ayes - 6 and Noes - 0. Motion carried.
3 SPECIAL MEETING OF THE TOWN BOARD - May 19, 2025 Town of Clay SPECIAL PERMIT (A) – Town Board Case #1225 - SENECA SAVINGS FINANCIAL FACILITY:
Councilor Wisnowski moved the adoption of a resolution approving Town Board
pursuant to Section 230-15 B.(2)(e)[2] – Bank/Credit Union, to allow for a bank with drive-thru service on land located at 5332 State Route 31, Tax Map No. 051.-01- 11.1, consisting of +/- 2.66 acres of land. The property is located in the O-2 Office District. Motion was seconded by Councilor Young.
Ayes - 6 and Noes - 0. Motion carried.
SPECIAL PERMIT (SEQR) – Town Board Case #1226 - JUSTIN'S CANINE CAMPUS:
Councilor Magaro-Dolan moved the adoption of a resolution regarding the
application of Town Board Case #1226: JUSTIN'S CANINE CAMPUS for a Special Permit pursuant to Section 230-16 C.(2)(e)[14] – Animal Care/Training Facility, to allow for a dog daycare facility on land located at 4112 State Route 31, Тах Мар No. 055.-01-06.1 (Marketfair North Plaza), consisting of +/- 15.06 acres of land. The property is located in the RC-1 Regional Commercial District, is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an EIS. Motion was seconded by Councilor Young.
Ayes - 6 and Noes - 0. Motion carried.
SPECIAL PERMIT (A) – Town Board Case #1226 - JUSTIN'S CANINE CAMPUS:
Councilor Magaro-Dolan moved the adoption of a resolution approving Town Board
Section 230-16 С.(2)(e)[14] – Animal Care/Training Facility, to allow for a dog daycare facility on land located at 4112 State Route 31, Tax Map No. 055.-01-06.1 (Marketfair North Plaza), consisting of +/- 15.06 acres of land. The property is located in the RC-1 Regional Commercial District. Motion was seconded by Councilor Young.
Ayes 6 and Noes - 0. Motion carried.
4 SPECIAL MEETING OF THE TOWN BOARD – May 19, 2025 Town of Clay SPECIAL PERMIT (PH/Adj.) – Town Board case # 1222 - SONBYRNE SALES, INC./CLAY-DOLSHIRE BYRNE DAIRY.:
A public hearing to consider the application of Town Board Case #1222: SONBYRNE SALES, INC./CLAY-DOLSHIRE BYRNE DAIRY, for a Special Permit pursuant to Section 230-16C.(2)(e)[7] – Gasoline Service Station, to allow for construction of a convenience store and gasoline service station on land located at 7190 Buckley Road, Tax Мар No. 117.-02-47.0, consisting of +/-2.47 acres of land. The property is located in the RC-1 Regional Commercial District. (Adjourned from the 03/07/2025, 04/21/2025 & 05/05/2025 Town Board meetings) was opened by the Supervisor.
Christian Brunelle of Byrne Dairy spoke on behalf of this application; he began by explaining that they received a recommendation to approve, from the Planning Board, contingent upon a traffic study. Mr. Brunelle said in researching it, they found that Onondaga County DOT has scheduled improvements for Buckley Road beginning summer of 2026 and concluding fall of 2027, and that no driveway permits will be issued before the improvements are made. The designs include widening Buckley Road and adding a center lane (TWLTL) to accommodate left turn traffic in both directions. Councilor Young asked if this would affect the setbacks and if they are proposing to widen Dolshire Drive too; they are not, and the loss of frontage will not affect the required setbacks.
Mr. Brunelle continued that the new map shows the modification now proposing only one driveway onto Buckley Road as this is all the County DOT will allow. They are also planning a driveway onto Dolshire Drive which will allow motorists to exit onto Buckley (north or south) at a traffic light.
Mr. Brunelle said that they will add trees to the berm further shielding neighbors from the business. Mr. Brunelle said that they are willing to do whatever is required to please the Planning Board in the site plan process.
There was a discussion about a newly proposed office that would be across Dolshire Drive from the Byrne Dairy. Mr. Brunelle said that he had heard this and will work with that applicant to make sure that the driveways line up. He added that they would not begin construction until the summer of 2026 - fall of 2027. Councilor Young said that he is not comfortable approving this until the highway permits are in place. Councilor Bick said that he has confidence in the DOT permits. 5 SPECIAL MEETING OF THE TOWN BOARD – May 19, 2025 Town of Clay Darlene Piper said that Byrne Dairy is inundating the area with stores. She added that if approved, she wants a chain link fence between the dairy and the park. Mr. Brunelle said that he is confident, if approved, the Planning Board will make sure that they take care of the parcel. She added that there is to much right there and she is concerned that they will end up like Rite-Aid, leaving a bunch of vacant buildings. There being no additional questions or comments, the Supervisor closed the public hearing.
ZONE CHANGE (PH) – Town Board Case # 1229 – NORTHERN CREDIT UNION:
A public hearing to consider the application of Town Board Case #1229: NORTHERN CREDIT UNION to allow for a Zone Change from PDD Planned Development District and R-10 One-Family Residential District to O-2 Office District on land located at 5004-5008 West Taft Road, Tax Map Nos. 116.1-01- 04.1 and 116.1-01-05.0 to allow for use of a Bank/Credit Union with a drive-thru service on +/-2.52 acres of land was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.
Supervisor Ulatowski opened the public hearing and asked the applicant to just give a brief overview as the new application has addressed all of the concerns brought up in the withdrawn application from this applicant, primarily the request to change the zone to O-2.
Brody Smith, of Bond, Schoeneck and King was present to speak on behalf of the
applicant. He began by explaining that the original application, Town Board Case #1223, originally requested a Zone Change to NC-1. However, going through the process, the O-2 zone was more desirable. The O-2 (office) zone limits the types of businesses that could go there and will alleviate anxiety for neighbors as to what will be allowed should this applicant leave.
They will require no variances and have moved the building the maximum distance from the residential homes. They will leave the vegetation and will add trees to the existing berm.
A resident asked if they have plans to build on the third lot and they do not. It will remain zoned R-10 and there are no current plans for it. She explained that she is concerned if that lot were developed that it would access from Wintersweet. Again, there is no plan to develop.
6 SPECIAL MEETING OF THE TOWN BOARD – May 19, 2025 Town of Clay Another woman asked why the parcel is not mowed, adding that the grass is very high. Supervisor Ulatowski asked Russ Mitchell, Chairman of the Planning Board to make sure that the grass in the PDD is mowed going forward.
There being no additional questions or comments, the Supervisor closed the public hearing.
ZONE CHANGE (SEQR) – Town Board Case # 1229 – NORTHERN CREDIT UNION:
Councilor Bick moved the adoption of a resolution regarding the application of Town
Board Case #1229: NORTHERN CREDIT UNION to allow for a Zone Change from PDD Planned Development District and R-10 One-Family Residential District to O-2 Office District on land located at 5004-5008 West Taft Road, Tax Map Nos. 116.1- 01-04.1 and 116.1-01-05.0 to allow for use of a Bank/Credit Union with a drive-thru service on +/-2.52 acres of land, is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an EIS. Motion was seconded by Councilor Capria.
Ayes - 6 and Noes - 0. Motion carried.
ZONE CHANGE (A) – Town Board Case # 1229 – NORTHERN CREDIT UNION:
Councilor Bick moved the adoption of a resolution approving Town Board Case
#1229: NORTHERN CREDIT UNION to allow for a Zone Change from PDD Planned Development District and R-10 One-Family Residential District to O-2 Office District on land located at 5004-5008 West Taft Road, Tax Map Nos. 116.1- 01-04.1 and 116.1-01-05.0 to allow for use of a Bank/Credit Union with a drive-thru service on +/-2.52 acres of land. Motion was seconded by Councilor Capria.
Ayes - 6 and Noes - 0. Motion carried.
7 SPECIAL MEETING OF THE TOWN BOARD – May 19, 2025 Town of Clay Participation (agency response) - U.S. Department of Transportation Federal Highway Administration (FHWA):
Councilor Capria moved the adoption of a resolution authorizing the Supervisor to
execute a Participating Agency Response form with the U.S. Department of Transportation Federal Highway Administration (FHWA), allowing the Town of Clay to act as a Participating Agency in reference to Onondaga County Transportation Improvements Project, PIN 3807.95, located in Onondaga County, New York. Motion was seconded by Councilor Young.
Ayes - 6 and Noes – 0. Motion carried.
The meeting was adjourned at 8:24 P.M. upon motion by Councilor Young and seconded by Councilor Magaro-Dolan.
Ayes - 6 and Noes - 0. Motion carried.
Jill Hageman Clark RMC / Town Clerk 8