TOWN OF SANTA CLARA BOARD MEETINGS

Minutes of a joint meeting of the Planning Board and the Town Board of the Santa Clara. Held on Thursday January 29, 2009 at the Saranac Inn, NY Town Hall at 3:30pm.

Roll call as follows:
    Present:
  • Marcel Webb - Supervisor
  • Thomas Chipperfield - Councilman
  • Philip Durkin - Councilman
  • Thomas Kimpton - Councilman

    Absent:
  • David Perry - Councilman

    Others Present:
    Planning Board Members: John Schaff, John LaHart, David Vanderwalker, William Young, and Michael Ritchie. Ed LaGree, CEO was unable to attend due to illness.
    James Dalheim and Larry Altemus

Chr. Schaff reported that the members of the planning board have reviewed the Town of Santa Clara Land Use Code, discussed the Code with the CEO, the Chair of the Board of Appeals and representatives of the APA. Based on the foregoing we have the following observations and suggestions for the Town Board's consideration.

Amend Section 1.72 to include jurisdiction of the Planning Board to review subdivisions for which the APA lacks jurisdiction and make appropriate modifications to the Code. Co. Durkin asked about subdividing two adjacent lots owned by the same person, and Mr. Schaff said not in some instances.

2. Revise the definition of Subdivision to mirror APA's definition.

3. Review the Modular and Mobile Home Local Law referenced in Section 1.100 to determine their current appropriateness No mobile homes are allowed in District two and they are allowed in District one. The Planning Board will continue to look at mobile and modular homes because Ed LaGree has to deal with deed covenants with some of the Vosburgh deeds. Co. Chipperfield said there was some concern about piano key lots with mobile homes. The Supervisor said was the Planning Board thinking the Town Board should have a Public Hearing to amend the Land plan and Mr. Schaff said they would like to review all ideas.

4. Add "Boathouse (subject to the provisions of Section 7.35)" to permitted Secondary Uses in all Districts. Consider making clear that side yard ser backs are applicable to all boathouses.

5. Add Accessory Structure to permitted Primary Uses in all Districts. For example garages and woodshed are not permitted uses.

6. Add tennis courts with customary fences as Permitted Secondary Uses in all Districts, observing the 25' setback.

7. Amend the minimum front yard setbacks in the R-1.3.2 and R-1-8.5 to 75 feet , in the R-1-42.7 District to 100 feet and in the R-C-3.2 and R-C-8.5 districts to 75 feet.

8. Provide for a 10' setback for septic fields in all zones.

9. Amend Section 5.11 to provide that all utilities such as septic and water supply systems must be located on the lot containing the improvements served by such utilities.

10. Amend Section 5.27 to increase the permitted height of a fence or wall to 6 feet along any side or rear yard and provide a 5 foot setback for all privacy fences or walls.

11. Amend the primary uses in the GR District to include Tourist Accommodations and delete "Pre-Existing Uses.

12. Consider adding a trigger for insuring adequate septic operation such as upon obtaining a building permit or transfer of title. Also, clarify whether holding tanks are permitted. The question of which regulations control septic design and operation should be clarified.

13. Consider modifying provisions in Section 7.26 relating to cutting of trees within the shoreline setback to minimize large open spaces. For example, Large lot with 300' frontage, consider 100' setbacks and allow 1/3 cutting.

14. Modify Section 6.69 to provide for an escrow of funds necessary to satisfy this provision in case the Town incurs expense.

15. It appears that Section 6.41E has been used to permit additions to structures within the front setback; although all this section does is exempt increases of less than 25% from site plan review. Section 8.30 prohibits any increase in nonconformity. The town needs to consider its approach to this situation which may become more prevalent in the future with respect to preexisting improvements within the shoreline setback. The APA recently adopted new regulations in this area over developments within its jurisdiction. The Town should consider its approach in light of these regulations.

16. Add the word "natural" before the word "causes" in Section 8.40 and add "in all respects" at the end. If there is a loss of structure due to fire owner may rebuild but must keep the same setback requirements.

17. It appears that the requirements of Section 9.25 have not been followed. This should be brought to the attention of the appropriate parties. The Planning Board should review the project and make recommendations prior to the Variance Board hearing the request.

18. Modify Section 6.20 to include approval of subdivisions as previously discussed and eliminate the second paragraph.

19. Modify boathouse requirements in Section 7.35 to require a railing on a flat roof to be a minimum of 36" high to comply with NYS code. Also, after the word "slips" in the Note to Section 7.35 add the following: "provided no posts are utilized. "Uniform methods of measurements of determining setbacks.

20. Amend the first paragraph of the definition of "Yard Front" to read as follows: "An unoccupied ground area on the same lot with any building or structure, between the front line of the building and the right-of-way of any public access road, river, or body of water and extending the full width of the lot. In the case of a private road measurement it shall be made from the front traveled road line after adding 5 ft. to the required minimum distance.

21. Amend Section 6.32 by adding subsection 1 as follows: 1 Commercial.

22. Clarify Section 6.42 to provide that the safe harbor does not apply to expansions of preexisting uses and structures except as specifically otherwise provided in the Code.

23. Consider adopting a sliding scale fee structure on scope of project for site plan and subdivision applications. Also, the Town may want to visit the amount of the fee for a variance application.

Supervisor Webb was very pleased with their efforts to clarify and strengthen provisions in the Code. Co. Chipperfield said how long before land use plan has modifications. The recommendations will have to be refined and include outdoor boiler regulations to be ready for next year's heating season.

Supervisor Webb thanked the Planning Board for all of their efforts.

Motion to adjourn the meeting at 5:00 pm made by Thomas Kimpton seconded by Phillip Durkin. All members voting Aye. Motion carried.

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Town of Santa Clara
80 County Route 46  ·  Saranac Lake, NY 12983
Phone: 518-891-6240  ·  Email: info@townofsantaclara.com
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