The Clay Town Board postponed decisions on three battery energy storage special permits to July 20 because the town's BESS code language is still unfinished, and opened a public hearing on a proposed 12-month moratorium on data centers and AI computing facilities that drew both a labor union's opposition and residents' support. The board also closed hearings on a 61-lot Reserve at Clay zone change and a CNY Pulmonary medical office permit without voting, and handled several routine subdivision and appointment matters.
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 June 15th, 2026, at 7:30 P.M., there were:
PRESENT:
Joseph Bick Deputy Supervisor/Councilor Eugene Young Councilor David Capria Councilor Ryan Russell Councilor Courtney Gauthier Councilor Jill Hageman-Clark Town Clerk Robert Germain * Town Attorney Ron DeTota Town Engineer Brian Bender Commissioner Planning & Development
ABSENT:
Damian Ulatowski Supervisor Edward Wisnowski Councilor OTHERS PRESENT:
Russ Mitchell, Hal Henty and Paul Graves, Planning Board Members.
The meeting was called to order by Deputy Supervisor Bick at 7:30 P.M. All present joined in the Pledge of Allegiance.
APPROVAL of MINUTES:
Councilor Gauthier made a motion to approve the minutes of June 1st, 2026 Regular
Town Board Meeting. Motion was seconded by Councilor Russell.
Ayes — 5 and Noes — 0. Motion carried.
CORRESPONDENCE:
None
REQUESTS for ADJOURNMENTS:
Deputy Supervisor Bick said that the first three public hearings would not be heard as the wording in the Town Code has not yet been established. The section and
wording is necessary to define and set the parameters for Battery Energy Storage Systems/BESS in the Town of Clay.
REGULAR MEETING OF THE TOWN BOARD - April 6, 2026 Town of Clay Page 2 of
SPECIAL PERMIT (PH) TOWN Board Case # 1243 - NEXAMP, INC, d/b/a WETZEL ROAD STORAGE, LLC:
Councilor Russell moved the adoption of resolution to adjourn the public hearing to
July 20, 2026 at 7:38 PM. Motion was seconded by Councilor Capria.
Ayes — 5 and Noes — 0. Motion carried.
SPECIAL PERMIT (PH) TOWN Board Case # 1244 - NEXAMP, INC, d/b/a LONG BRANCH STORAGE, LLC:
Councilor Russell moved the adoption of resolution to adjourn the public hearing to
July 20, 2026 at 7:41 PM. Motion was seconded by Councilor Capria.
Ayes — 5 and Noes — 0. Motion carried.
SPECIAL PERMIT (PH) TOWN Board Case # 1245 - CARSON POWER, LLC:
Councilor Russell moved the adoption, of resolution to adjourn the public hearing to
July 20, 2026 at 7:44 PM. Motion was seconded by Councilor Capria.
Ayes —5 and Noes —0. Motion carried.
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 future development of approximately 61 single-family residential lots on land located at 8201 Lawton Road and vacant lands Westerly, Tax Map Nos. 077.-26-01.1 and 077.-26-04, consisting of +/- 20.18 acres of land. (Adjourned from the 05/18/2026 Town Board meeting) was opened by the Deputy Supervisor.
Tim Coyer spoke on behalf of the applicant, explaining they were here about two months ago. The applicant is requesting a zone change of 20 acres from RA-100 to R-75. He said they received a positive recommendation from the Planning Board and the Traffic Study suggested there will be impact with this construction.
Chris Underwood a resident that lives on Lawton Road asked how a traffic study, conducted November of 2024 is relevant to this project. He pointed out this doesn’t even take into consideration the increased traffic associated with Micron. Mr. Underwood continued there are serious concerns with traffic on Lawton Road including excessive speed, increased traffic and ebikes being driven by children
without helmets and sometimes altered to go faster than intended. He said there is 6
REGULAR MEETING OF THE TOWN BOARD - April 6, 2026 Town of Clay Page 3 of seldom police presence on the road. Deputy Supervisor Bick said that he would contact the Sherrifs Department to request increased patrolling and enforcement.
Michelle Bristol of Look-Kinney Road in Liverpool asked about the environmental impact to the land if this zone change is approved. Mr. Coyer said the applicant has completed the long form EIS (Environmental Impact Study) and has a mitigation plan and they are making an effort to preserve some trees.
There being no more questions or comments, Deputy Supervisor Bick closed the public hearing.
SPECIAL PERMIT (PH) - Town Board Case #1258 - CNY PULMONARY AND SLEEP MEDICINE:
A public hearing to consider Town Board Case #1258: CNY PULMONARY AND SLEEP MEDICINE for a Special Permit pursuant to Section 230-15 B.(2)(e)[3] — Medical Office, to allow for a medical office on property located at 5232 Witz Drive, Tax Map No. 112.-06-13.5, consisting of +/- 2 acres of land. The property is in the O-2 Office District and was opened by the Deputy Supervisor.
Ben Harrell of CHA spoke on behalf of the applicant, explaining they are currently located on Fly Road in Dewitt and plan to relocate to Clay. The hours of operation will be from 8 AM to 4 PM Monday through Friday and will see 60-100 clients daily.
The only modification to the existing building will be a new front door. The
applicant will occupy 7,000 square feet of the building and another medical tenant may occupy the remainder. Deputy Supervisor Bick asked if the entire building will be zoned for medical use, and it will. The existing parcels to the north are also zoned for medical.
Councilor Young asked if they would subdivide the parcel; they will not. He asked if they have the required number of parking spaces available and they do as the previous use was for Molina Healthcare.
Shawn Corbett asked about accessible roadways. Deputy Supervisor Bick said that is not proposed, however the current sidewalks connect to the site. Ben Harrell said that he would relay the comments to the applicant. Deputy Supervisor Bick said that it would be wise to redo part of the second floor and add an elevator.
There being no more questions or comments, Deputy Supervisor Bick closed the public hearing.
Deputy Supervisor Bick said that he would open all public hearings for MICHAELS FARM together
REGULAR MEETING OF THE TOWN BOARD - April 6, 2026 Town of Clay Page 4 of
Project/ Lighting (PH) - MICHAEL’S FARM LIGHTING DISTRICT NO.1:
A public hearing to consider a Petition for a lighting district within the Town of Clay to be known as “MICHAEL’S FARM LIGHTING DISTRICT NO.1”.
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Project/ Drainage (PH) - MICHAEL’S FARM DRAINAGE DISTRICT CONTRACT NO.1:
A public hearing to consider a Petition for a drainage district within the Town of Clay to be known as “MICHAEL’S FARM DRAINAGE DISTRICT CONTRACT NO. 1”.
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Project/ Sewer (PH) - MICHAEL’S FARM LIGHTING SEWER DISTRICT CONTRACT NO.1:
A public hearing to consider a Petition for a sewer district within the Town of Clay to be known as “MICHAEL’S FARM SEWER DISTRICT CONTRACT NO. 1”.
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Project/ Water (PH) - MICHAEL’S FARM WATER DISTRICT CONTRACT NO.1:
A public hearing to consider a Petition for a water supply district within the Town of Clay to be known as “MICHAEL’S FARM WATER DISTRICT CONTRACT NO.
1”, were all opened by the Deputy Supervisor.
Steve Calocerinos spoke on behalf of the applicant and began by explaining the zone change for this parcel, was approved in 2015 and is located across from Waterhouse Road. The lots will be 125 square foot lots located in the R-10 zone.
Lighting will be provided and maintained by National Grid.
Water will be provided by OCWA and will be charged to Town of Clay water at an annual charge of $64.47 per unit.
Sewer consists of 6,650 feet of lateral tines and will be serviced by 10 forced manholes at a cost of $22.00 per unit.
REGULAR MEETING OF THE TOWN BOARD - April 6, 2026 Town of Clay Page 5 of
Drainage will consist of 36” storm sewer draining to a catch basin at a cost of $121.92 per year.
The developer is Heritage Homes and plans to construct 125 homes. Some of the proposed lots will back up to wetlands: The development will occur in three phases. The wetlands are to the north and there will be two wetland crossings. The water and sewer will be constructed all at once. Retention basins have been planned and flow north. They will be separate from the basins in the Cross Creek Development.
LOCAL LAW NO. 6 OF THE YEAR 2026 (PH) - adoption of a Temporary Moratorium prohibiting any zone change or Special Permit related to Data Centers AI computing facilities etc.:
A public hearing to consider proposed LOCAL LAW NO. 6 OF THE YEAR 2026, for the adoption of a Temporary Moratorium prohibiting any zone change or special permit applications related to the establishment of large-scale data centers, artificial intelligence (“AI”) computing facilities, cryptocurrency mining operations, and similar high-intensity computing uses and complexes in the Town of Clay pending a study on the subject and the potential adoption of a new Local Law governing related applications. The proposed moratorium may be in effect for up to twelve months from the time of adoption.
Deputy Supervisor Bick began by explaining this Local Law was called before the County Executive announced funding a half million-dollar study to invite public input and determine the impact on the community.
The IBEW Brotherhood contacted the Deputy Supervisor stating they are against the moratorium.
Councilor Young said that this is large scale and will likely use a great deal of electricity and is in favor of the moratorium to take the time to understand the impact.
Michele Bristol is in favor stating, it’s just common sense to pause and take a minute to understand it.
Kris Beckett also agreed, stating she is in favor of the moratorium and giving everyone the time to better understand what it means for the town. Deputy Supervisor Bick stated we have given time to battery storage and worked to formulate a Local Law, we must now do the same with the Data Centers. This is unchartered territory, we need to be diligent with research considering public input, engineering studies and dialog with Onondaga County.
REGULAR MEETING OF THE TOWN BOARD - April 6, 2026 Town of Clay Page 6 of
There being no more questions or comments, Deputy Supervisor Bick closed the public hearing.
Release of Securities (A) - Harke Farms Sewer District, Contract No. 1:
Councilor Russell moved the adoption of a resolution pursuant to the written
recommendation of the Town Engineer, authorizing and approving the release of Maintenance Guarantee securities from $18,000 to $0 for Harke Farms Sewer District, Contract No. 1 to the developer COR VerPlank Road Company, LLC.
Motion was seconded by Councilor Young.
Ayes — 5 and Noes — 0. Motion carried.
Release of Maintenance Guarantee Securities ($3,000 to $0) - Harke Farms Drainage District, Contract No. 1:
Councilor Russell moved the adoption of a resolution pursuant to the written
recommendation of the Town Engineer, authorizing and approving the release of Maintenance Guarantee securities from $3,000 to $0 for Harke Farms Drainage District, Contract No. 1 to the developer COR VerPlank Road Company, LLC. Motion was seconded by Councilor Young.
Ayes — 5 and Noes — 0. Motion carried.
Easement & Road (abandoned) — Lot No. 1A - RIVIERA SHORES:
Councilor Young moved the adoption of a resolution for an Easement & Road to be
abandoned; Part of Lot No. 1A; Riviera Shores Amended and Part of Riviera Drive; Part of Subdivision 1 Part of Farm Lot No. 1 Town of Clay all as shown on a Map prepared by Ianuzi & Romans Land Surveying, P.C., dated March 24, 2026. Motion was seconded by Councilor Capria.
Ayes —5 and Noes —0. Motion carried.
Easement (drainage) — Lot No. 1A—- RIVIERA SHORES:
Councilor Young moved the adoption of a resolution accepting a Proposed Drainage
Easement; Part of Lot No. 1A; Riviera Shores Amended and Part of Riviera Drive; Part of Subdivision 1 Part of Farm Lot No. 1 Town of Clay all as shown on a Map prepared by lanuzi & Romans Land Surveying, P.C., titled “Proposed Drainage Easement Riviera Shores Amended and Additional Land Part of Subdivision 1” dated March 24, 2026. Motion was seconded by Councilor Capria.
Ayes — 5 and Noes — 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD - April 6, 2026 Town of Clay Page 7 of Misc. — 4019 PLUM YEW CIRCLE:
Councilor Capria moved the adoption of a resolution authorizing and approving the
issuance of a Limited License letter on behalf of the Town of Clay for property located at 4019 Plum Yew Circle, Tax Map No. 055.-06-87.0. Motion was seconded by Councilor Young.
Ayes — 5 and Noes — 0. Motion carried.
APPOINTMENT (A) Zoning Board of Appeals:
Councilor Gauthier moved the adoption of a resolution appointing Michael Becker
as member of the Zoning Board of Appeals, filling the unexpired term of Mary Lou DesRosier. Said term to expire December 31, 2030. Motion was seconded by Councilor Young.
Ayes —5 and Noes — 0. Motion carried.
APPOINTMENT (no action) Zoning Board of Appeals (alternate):
Project/Securities (posting) (A) - THE FARMSTEAD SUBDIVISION
Councilor Russell moved the adoption of a resolution that the Town of Clay having
conducted A public hearings to consider the construction and acquisition of sewer, drainage water supply and lighting facilities located within the THE FARMSTEAD SUBDIVISION SECTION NO. 8, (The Farmstead Sewer District, Contract No. 1, The Farmstead Drainage District, Contract No. 1, The Farmstead Lighting District, Contract No.1) and the construction of said facilities having been completed in accordance with the Plans and Specifications thereof; The Town Engineers having certified that the facilities have been satisfactorily completed and that the developer post the following security as shown under correspondence by the Town Engineers’ under date of June 12, 2026: Maintenance Guarantee - $11,624 ($6,132 Sewer and $5,492 Drainage); Overland Drainage - $25,000; Highway - $65,960; Monument Deposit - $1,800; Parkland Contributions - $12,000; and any other unpaid fees that may be owed by the Town of Clay for engineering, legal and/or administrative fees; and further contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and MAPLE ROAD ASSOCIATES, INC., that the Town accept title to such facilities. Motion was seconded by Councilor Capria.
Ayes —5 and Noes —0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD - April 6, 2026 Town of Clay Page 8 of
Project/Easement (A) - THE FARMSTEAD SUBDIVISION SECTION NO. 8;
from MAPLE ROAD ASSOCIATES, INC.:
Councilor Capria moved the adoption of a resolution accepting easements for sewer
and drainage facilities and streets located within THE FARMSTEAD SUBDIVISION SECTION NO. 8, (The Farmstead Sewer District, Contract No. 1 and The Farmstead Drainage District, Contract No. 1) all as shown on a Final Plan prepared by Ianuzi & Romans Land Surveying, P.C., dated August 21, 2025, last revised June 3, 2026. Motion was seconded by Councilor Russell.
Ayes —5 and Noes — 0. Motion carried.
Project/Warranty, Deed etc. (A) - THE FARMSTEAD SUBDIVISION
Councilor Capria moved the adoption of a resolution accepting a Warranty Deed,
Dedication, Application and Release of damages for the roads in Section Four (8) located within THE FARMSTEAD SUBDIVISION SECTION NO. 8; from MAPLE ROAD ASSOCIATES, INC., (Mediator Way, Lepinske Farm Place and Cooper Trade Place all having Permeable Shoulders). Motion was seconded by Councilor Russell.
Ayes —5 and Noes — 0. Motion carried.
The meeting was adjourned at 8:19 P.M. upon motion by Councilor Young and seconded by Councilor Capria.
Ayes —5 and Noes — 0. Motion carried.