Meeting of the Santa Clara Planning Board held on April 21, 2020. Meeting held via Zoom

PRESENT: Board Members: Scottie Adams, John LaHart, Bill Young, Mike Ritchie, Beth Hall and Code Enforcement Officer, Ed Lagree.


The meeting was called to order by Chair, Scottie Adams at 10:00 AM.

Items on the agenda for the meeting were three Site Plan Reviews

The first order of business was to approve the minutes of the previous meeting which all received by email. Bill Young moved to approve the minutes. John LaHart seconded the motion. All were in favor. The minutes from the Planning Board meeting on 02-11-20 are approved.

Site Plan Review Application:
APPLICANT: Gregory Bebernitz
PARCEL ID: 463.-3-47
LOCATION: 799 Bartlett Carry Road, USL

The applicant has now submitted the correct application form and fee. The application was previously discussed at the 2/11/20 meeting: The new correct application contains a survey map showing a .95 acre lot with - 100 ft. of waterfront. The 75 ft. line from the waterfront is delineated. There are no structures shown within 75 ft. of the waterfront except 12 wooden steps (32 in. x 13 in.) allowing access to the waterfront. The applicant proposes to build a single slip boathouse with no dock, but with a sundeck on top. The boathouse is shown as 30 ft. x 15 ft. for a total square footage of 450 sq. ft. Maximum boat house size allowed is 625 sq. ft. The boathouse is located in the center of the lot with 42 ft. of shoreline on either side of the boathouse. Sideline setbacks are 25 ft. Section 7.35A of the Land Use Code specifies that a structure shall not exceed 15% of the width of the shoreline of the lot. The proposed boathouse is compliant with the Land Use Code Section 7.35.

Beth Hall moved that the application be approved. Mike Ritchie seconded the motion. All were in favor of the motion. The chair will send an official letter of acceptance to the applicant and the CEO may issue a building permit.

Site Plan Review Application:
APPLICANT: Stephen Maikowski
PARCEL ID: 474.-1-12.100
LOCATION: 723 Bartlett Carry Road, USL

This application was also discussed at the 2/11/20 meeting and rejected because more information was needed to make an accurate assessment of whether the application complied with the Land Use Code: The Site Plan Review Application is to build a sundeck on top of an existing dock. Applicant has submitted (1) a new 11 in. x 17 in. survey of the property prepared by Geomatics, Saranac Lake in the Fall 2019. A 3 ft. x 5 ft. map as been submitted to the CEO. (2) Construction drawings of the new proposed sun The revised survey map of the property shows a waterfront of 198.12 ft., and 75 ft. from the water's edge is delineated. There is a second dock is 12.8 ft. x 4.4 ft. (56.3 sq. ft.), 23 ft. from the sideline. There is a deck shown located on the water's edge, which is 12.3 ft. x 9.8 ft. (120.5 sq. ft.) The existing dock was stated in the application as being 28 ft. x 29 ft. or a total square footage of 812 sq. ft. (non conforming, > 500 sq. ft.) but if the individual pieces of the dock are used for the measurement, then the current dock has a total square footage of 404 sq. ft. which includes the access ramp to the dock. This dock is - 44 ft. from the nearest sideline (conforming). The plans for the sundeck to be built show a structure 28 ft. by 15 ft., creating a covered slip or "boathouse" with a square footage of 420 sq. ft. The height of the sundeck with railing is shown as 13.4 ft. The remaining dock, access to the dock and the stairs to the sun deck are 344 sq. ft. The plans for the current boathouse/sundeck conform to Town of Santa Clara Land Use plan, section 7.35. The combined square footage of the new boathouse, docks and stairs is 764 sq. ft. Since the maximum square footage allowed for the combination of a boathouse and a dock is 875 sq. ft., there can only be 111 sq. ft. of other structures on the waterfront. Removing the deck would satisfy the combined square footage requirement. Since the applicant is gaining a new deck on top of the boathouse, removing the old deck seems like a reasonable compromise. A second option for the applicant would be to keep all existing structures and apply for a variance.

Beth Hall moved that the application be approved with the stipulation that the 12.3 ft. x 9.8 ft. (120.5 sq. ft.) deck on the water's edge is removed. Mike Ritchie seconded the motion. All were in favor. The chair will notify the applicant of the Board's decision

Variance Review Application:
APPLICANT: Jude Capalbo
PARCEL ID: 453.-3-8-4
LOCATION: 194 Fish Creek Park Rd.

This application is for a new dock on a property with an existing covered boat slip and dock. The property is 0.59 acres with 227 ft. of waterfront on Fish Creek. There are no other structures on the property. The existing covered boat slip is 12 ft. wide x 15 ft. long (180 sq. ft.). The attached dock is 3 ft. wide x 15 ft. long with a 6 ft. x 6 ft. extension at the end (81 sq. ft.). The new proposed dock is located approximately 11 ft. from the current dock. It is - 90 ft. from the nearest sideline. The new dock is proposed to be 6 ft. wide x 25 ft. long (150 sq. ft.) Therefore, total dock space would be 231 sq. ft. Combined boathouse (covered slip) and dockage is 411 sq. ft. The proposed new dock and current covered boat slip with dock are compliant with Section 7.35 of the Town of Santa Clara Land Use Code. The application fee has been paid. However, there is one complicating factor. The neighboring boat slips and docks are within the 25 ft. sideline set back required in Section 5.10, R-1.3 of the Town of Santa Clara Land Use Code AND encroach upon the 194 Fish Creek Park Rd property by 3.9 ft. After discussion, it was decided that the most practical solution would be to approve the application with the stipulation that should the neighbor's dock and covered boat slips be modified, moved or replaced, then they must be moved such that they are no longer infringing on the 25 ft. setback.

John LaHart so moved. Mike Ritchie seconded the motion. John LaHart, Bill Young, Mike Ritchie, Beth Hall were in favor of the motion. Scottie Adams recused herself. The Chair will notify the applicant of the site plan application approval and the attached stipulation.

Short Term Rentals (STRs)

Beth Hall provided the group with a pdf copy of the Lake Placid/Town of North Elba Local Law concerning short-term rentals. Chair, Scottie Adams has prepared a first draft of a TSC local law, based on the Lake Placid/Town of North Elba document. Copies will be emailed to all Board members for their input/editing. The Planning Board agreed that Upper Saranac Lake Manager, Guy Middleton would be an asset to drafting process. Chair, Scottie Adams will contact Guy about participating in the short-term rental project.


Beth Hall moved that the meeting be adjourned. Mike Ritchie seconded the motion. All were in favor of the motion. Meeting was adjourned 10:37 AM.


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5359 State Route 30  ·  Saranac Lake, NY 12983
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