The Town of Clay Zoning Board of Appeals unanimously approved two Crossroads Park variances on April 14 for 7-foot chain-link security fences set 10 feet from the front property line, after the applicant's representative told the board the variances were substantial and self-created; the board also approved a Sign Pro/Community Bank sign variance and adjourned a Northern Credit Union bank-branch case to May 12.
Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
APPROVED
April 14, 2025
The Regular meeting of the Zoning Board of Appeals of the Town of Clay, County of Onondaga, State of New York, was held at the Clay Town Hall, 4401 New York State Route 31, Clay, New York on April 14, 2025. Chairperson Mason called the meeting to order at 6:00 P.M. and upon the roll being called the following were:
PRESENT:
Vivian Mason
Chairperson
Karen Liebi
Deputy Chairperson
Ryan Frantzis
Member
ABSENT:
David Porter
Member
PRESENT:
Robert Germain
Attorney
Chelsea Clark
Secretary
David Tessier
Interim Planning Commissioner
All present participated in the Pledge of Allegiance.
MOTION made by Chairperson Mason that the Minutes of the meeting of March 10, 2025, be
accepted as submitted. Motion was seconded by Mr. Frantzis. Unanimously carried.
MOTION made by Chairperson Mason for the purpose of the New York State Environmental
Quality Review (SEQR) all new actions tonight will be determined to be a Type II, and will be given a negative declaration, unless otherwise advised by our attorney. Motion was seconded by Mr. Frantzis. Unanimously carried.
None.
The applicant is requesting an Area Variance pursuant to Section 230-19 A.(5) – Principal Structure Setback/Parking Area Setback, for a reduction of Principal Structure Setback from 165 feet to 133 feet and a reduction in Parking Area Setback from 90 feet to 60 feet to allow construction of bank/credit union with drive-in service. The Property location is in the RC-1 Regional Commercial Zoning District.
The applicant requested an adjournment via e-mail communication on April 10, 2025, as they are working on revisions based on Onondaga County Planning Boards recommendations.
Motion made by Chairperson Mason to adjourn Case #1967 to the May 12, 2025, Zoning Board
of Appeals meeting. Motion was seconded by Mr. Frantzis. Unanimously carried.
ZONING BOARD OF APPEALS – April 14, 2025 Town of Clay
The applicant is requesting an Area Variance for Signs pursuant to Section 230-22 C.(1) – Major Sign Standards, to increase the allowable number of (2) two wall signs to (4) four wall signs for identification from all public and private right of ways in a central location. The Property location is in the RC-1 Regional Commercial Zoning District.
The proof of publication was read by the secretary.
Kristine Braccidiferro of Sign Pro, Inc. was present.
Chairperson Mason asked the applicant to explain their request for an Area Variance.
Ms. Braccidiferro explained they are requesting the Area Variance to allow for two additional wall signs to add to the two existing wall signs. The proposed two new signs would match the existing signage and be visible to the South-West and North-West traffic.
Chairperson Mason asked the applicant to address the Standards of Proof.
Ms. Braccidiferro addressed the Standards of Proof:
1. The applicant does not believe the requested Area Variance will create an undesirable change to the character of the neighborhood as the proposed additional signs are in reasonable scale.
2. The applicant does not believe there is any feasible method other than the requested Area Variance.
3. The applicant does not believe the requested Area Variance to be substantial.
4. The applicant does not believe there will be any adverse effect to the neighborhood.
5. Yes, the need for Area Variances is self-created.
Chairperson Mason asked if there were any further comments or questions from the Board and there were none.
Chairperson Mason asked Interim Commissioner Tessier if he had any questions or comments.
Mr. Tessier asked the applicant if the owner of the property signed the application for the Area Variance.
Attorney Germain confirmed the property owner signed the Area Variance application.
Chairperson Mason asked if anyone in the audience had any questions or comments and there were none.
Chairperson Mason asked for those in favor of granting the Area Variance and there were none.
Chairperson Mason asked for those opposed to granting the Area Variance and there were none.
The hearing was closed.
ZONING BOARD OF APPEALS – April 14, 2025 Town of Clay
MOTION was made by Mr. Frantzis in Case #1968 to approve the Area Variance as requested
with the condition they be in substantial compliance with Exhibit “A”. Motion was seconded by Mrs. Liebi.
Roll Call:
Mr. Frantzis
- in favor Deputy Chairperson Liebi
- in favor Chairperson Mason
- in favor Unanimously Carried.
#115.-01-18.8.:
The applicant is requesting Area Variances pursuant to Section 230-17 C.(4)(c)[1] – Front Yard Minimum, for a reduction in front yard setback from the allowable 25 feet to 10 feet and Section 230-20 B.(2)(b) – Fences, to increase front yard fence height from the allowable 2 ½ feet to 7 feet to allow construction of a fence. The Property location is in the I-1 Industrial 1 Zoning District, and
#115.-01-18.4.:
The applicant is requesting Area Variances pursuant to Section 230-17 C.(4)(c)[1] – Front Yard Minimum, for a reduction in front yard setback from the allowable 25 feet to 10 feet and Section 230-20 B.(2)(b) – Fences, to increase front yard fence height from the allowable 2 ½ feet to 7 feet to allow construction of a fence. The Property location is in the I-1 Industrial 1 Zoning District.
(Case #1969 and Case #1970 were opened together.)
The proof of publications were read by the secretary.
Pat Reynolds of Ianuzi & Romans was present on behalf of the applicant.
Chairperson Mason asked the applicant to explain their request for Area Variances.
Mr. Reynolds explained they are requesting the Area Variances to install a security fence to help deter and prevent break-ins from happening and help to secure the site. There is already a temporary fence in place, but the applicant would like a more permanent structure and would like the fencing to be seven (7) feet tall.
Chairperson Mason asked the applicant to address the Standards of Proof.
ZONING BOARD OF APPEALS – April 14, 2025 Town of Clay Mr. Reynolds addressed the Standards of Proof:
1. The applicant does not believe the requested Area Variances will create an undesirable change to the character of the neighborhood as it would be similar to the old Rite-Aid warehouse and the property is located in the Industrial Use district,
2. The applicant does not believe there is any feasible method other than the requested Area Variances.
3. The applicant does believe the requested Area Variances to be substantial.
4. The applicant does not believe there will be any adverse effect to the neighborhood as it would help keep the site more secure and help reduce crime.
5. Yes, the need for Area Variances is self-created.
Chairperson Mason asked if there were any further comments or questions from the Board.
Mrs. Liebi asked if the fence would be electric.
The applicant stated no, they don’t believe they need to go that far.
Mrs. Liebi asked what the current poles on the ground were going to be used for.
The applicant advised that the poles are material for jobs.
Chairperson Mason asked Interim Commissioner Tessier if he had any questions or comments.
Mr. Tessier asked what type of fence they are looking to install.
Mr. Reynolds stated they would be installing a chain link fence.
Chairperson Mason asked if anyone in the audience had any questions or comments.
Mrs. Rathburn asked if the Onondaga County Planning Board provided their input.
Chairperson Mason advised we did not receive comment from Onondaga County Planning Board regarding these applications for Area Variances.
Chairperson Mason asked for those in favor of granting the Area Variances and there were none.
Chairperson Mason asked for those opposed to granting the Area Variances and there were none.
The hearings were closed.
MOTION was made by Mrs. Liebi in Case #1969 to approve the Area Variances as requested
with the condition they be in substantial compliance with Exhibit “A,” and that the fence be chain link. Motion was seconded by Mr. Frantzis.
Roll Call:
Mr. Frantzis
- in favor Deputy Chairperson Liebi
- in favor Chairperson Mason
- in favor Unanimously Carried.
ZONING BOARD OF APPEALS – April 14, 2025 Town of Clay
MOTION was made by Mrs. Liebi in Case #1970 to approve the Area Variances as requested
with the condition they be in substantial compliance with Exhibit “A,” and that the fence be chain link. Motion was seconded by Mr. Frantzis.
Roll Call:
Mr. Frantzis
- in favor Deputy Chairperson Liebi
- in favor Chairperson Mason
- in favor Unanimously Carried.
There being no further business, Chairperson Mason adjourned the meeting at 6:19 P.M.
Chelsea Clark, Secretary
Zoning Board of Appeals Town of Clay