Clay ZBA approves VFW pavilion setback and parking variances

The Town of Clay Zoning Board of Appeals unanimously approved area variances for the Veterans of Foreign Wars post at 5366 Caughdenoy Road at its Jan. 12 meeting, allowing the organization to build an outdoor pavilion with a reduced front-yard setback and fewer parking spaces.

Tim Coyer of Ianuzi & Romans PC, who appeared on behalf of the VFW applicant, told the board the pavilion would be sited on an existing vacant grass area and would not be used at the same time as the existing building. He said typical evening meetings draw about 10 to 15 attendees and busier nights see 18 to 20; the pavilion would be used during daytime, fair-weather events.

“New members are still joining. The VFW currently had 38 members, with about a third of the members under the age of 40,” Coyer said.

Coyer addressed the ZBA’s standards of proof, saying the variances would not change neighborhood character, alternative layouts were infeasible because of lot size and configuration, landscaping and drainage would address impacts, and that the need for the variances was self-created.

Deputy Chairperson Karen Liebi asked whether the pavilion would be rented to the public; the applicant said it would not be rented and would be used by members without fee. Planning and Development Commissioner Brian Bender told the board he had received no neighbor opposition and that he supported the plan.

Deputy Chairperson Liebi moved to approve the requested area variances, conditioned on substantial compliance with Exhibit “A.” The motion was seconded by Member Ryan Frantzis and carried unanimously. The board recorded the reduction in required parking from 54 to 35 spaces and a front-yard setback reduction from 100 feet to 78 feet as the approved variances.

The approval is conditioned on substantial compliance with the materials in Exhibit “A” provided to the board; the application will also be subject to any Planning Board site and drainage requirements noted in the record.