Meeting of the Santa Clara Planning Board held on January 19, 2021

PRESENT: Board Members: Scottie Adams, Mike Ritchie, Beth Hall, Bill Young and Code Enforcement Officer, Ed Lagree. Also present was Upper Saranac Lake Manager, Guy Middleton. Present as an audience member, but not a board member, John LaHart. Stephen and Andrea Maikowski attended the meeting using Facetime with Scottie Adams.

ABSENT: John LaHart

The meeting was called to order by Chair, Scottie Adams at 9:00 AM.

The first order of business was to approve the minutes of the previous meeting which all received by email. Beth Hall moved to approve the minutes. Mike Ritchie seconded the motion. All members present were in favor. The minutes from the Planning Board meeting on 11-24-20 are approved.

Site Plan Review Application:
APPLICANT: Stephen Maikowski
PARCEL ID: 474.-1-13
LOCATION: 722 Bartlett Carry Road, Upper Saranac Lake

This application requested a review of a new single-family home project which included the building of a new dock. Construction of new homes are the purview of the Chief Enforcement Officer. Therefore, the Planning Board will only consider the application for a new dock. The proposed new dock is shown to be a U shape with 2 sides , 8 ft wide, projecting from the shoreline 30 ft. A cross member parallel to the shoreline is 12 ft. x 4 ft. Therefore, total dock area is calculated to be 528 sq. ft. which is greater than the 500 sq. ft. allowed by the Town Land Use Code, Section 7.35. The dock meets the length and sideline set back requirements and will occupy less than 15 % of the 220 ft shoreline. It is stated that at a future time a sundeck may be built over the deck. The plan submitted by Dock Doctors shows a pile dock example of a boathouse with a sundeck on top. If this application were a request for the dock with a sundeck on top, then 4 ft. on each side of the dock would then be included in the sundeck covered area which is defined as a boathouse. The docks would then be 240 sq. ft, the "boathouse" 20 ft x 30 ft. for a square footage of 600 sq. ft. and the combined sq. footage of 840 sq. ft. The dock and "boathouse" would then meet the Town Land Use Code.

Options for resolving the issue of the dock being too large, would be to amend the application to include a sundeck over the dock, include a boathouse on the dock, reduce the width of the side members by 6" each, or apply for a variance.

The Makowskis' said that they would send in a revised application for the dock with a sundeck or boathouse.

Bill Young moved that the dock be provisionally approved pending the receipt of the revised plan . Mike Ritchie seconded the motion. All voting members were in favor of the motion. The chair will verify the decision by letter to the Makowskis'. Upon receipt of the revised plan, the site plan application will be officially approved.

Site Plan Review Application:
APPLICANT: Michael and Maria Gsell/ Jeff Beamish
PARCEL ID: 474.-1-8
LOCATION: 733 Bartlett Carry Road, Upper Saranac Lake.

This application is to construct a new dock on a property with 283 ft. of shoreline in an area with a Town Land Use Classification of R-1-3.2. The application is incomplete since no fee was included nor a map showing the boundaries and dimensions of the property plotted to scale, including indication of contiguous properties and all right-of-way and roadways. Chair, Scottie Adams indicated that she had contacted Mr. Beamish by email to request these items. CEO, Ed Lagree reported that the check had been mailed and a new map was being prepared. The application shows plans for a dock with a sundeck on top, which is considered a boathouse since it creates an enclosed slip where a boat may be kept. The "boathouse" is shown as 34 ft. x 12 ft. The dock space which includes a walkway to the boathouse is 34 ft. x 6 ft along each side of the "boathouse" and the walkway is 15 ft 6 in x 6 ft. The combined "boathouse" and dock width along the shoreline is 24 ft. which is less than maximum permissible. The "boathouse" square footage is 408 sq. ft. which is under the 625sq. ft maximum square footage allowed in the Town of Santa Clara Land Use Code Section 7.35. The total dockage is 637 which exceeds the 500 sq. ft. maximum square footage allowed. The total square footage of the docks and boat house is 1045 sq. ft. which exceeds the 875 sq. ft allowed. Additionally, no structure shall extend away from land more than 30 feet from the mean high-water mark. In essence, the boathouse is too long.

Beth Hall moved to deny the application until revisions are received that meet the Town Code 7.35. The motion was seconded by Mike Ritchie.

Roll call vote was as follows:
Beth Hall - Approve
Mike Ritchie - Approve
Bill Young - Approve
Scottie Adams - Approve
Motion to deny the application was approved.

The chair will notify the applicants of the denial of their application and suggest that the plans be revised to conform to the Land Use Code, Section 7.35.

Building Moratorium Resolution

At the Town Board meeting, The Planning Board was requested to review the revised Moratorium Law. A motion was made by Dave Perry, seconded by Mickey Webb that contained the following:

3) That we hereby refer the proposed Moratorium Law, incorporating the revisions that we discussed tonight, to the Town Planning Board for its review at its meeting this month, with the request that the Planning Board provide any comments it may have as soon as possible following its meeting.

4) That any comments of the Planning Board be posted on the Town's web site and at Town Hall as soon as possible after receipt, and that paper copies of such comments be made available as soon as possible to the public at Town Hall during normal business hours, and Prior to today's Planning board meeting, members of the Planning Board were provided with a copy of the revised draft moratorium. All Planning Board members also received copies of written comments submitted to the Town Board concerning the original draft moratorium. Planning Board members had the opportunity to read the Town Board meeting minutes from September 10, 2020, October 8, 2020, November 12, 2020 and December 28, 2020 (including Public Hearing comments), concerning the original draft moratorium. Board members Scottie Adams, John LaHart, Bill Young and Beth Hall were present individually, not as the Planning Board, at the January 14, 2021 Town Board meeting held via Zoom at which the draft moratorium was revised to allow maintenance and upkeep of properties in the R-C-1.3 and R-C-3.2 zoning districts of the Town of Santa Clara.

After extensive discussion, the Planning Board members agreed that the Town Board should move forward by voting on the revised draft moratorium at their February 11, 2021 meeting. Approving the revised draft moratorium seems the best way to ensure forward progress. However, Planning Board members felt strongly that the Chazen Company and the Special Committee which is being formed to work with the company should address the issue of all non-residential waterfront development, instead of only marina development. The Chazen Company has worked with the Town of Long Lake in developing a Comprehensive Plan, so should have extensive experience in non-residential waterfront development, including marinas.

Bill Young made a motion that the Planning Board recommend the Town Board move forward by voting on the moratorium at their February 11, 2021 meeting and recommend that the special committee which is being formed to work with the Chazen Company address all R-C- 1.3, R-C-3.2 and non-residential waterfront development. The motion was seconded by Mike Ritchie.

Roll Call Vote:
Adams- yes
Hall- yes
Ritchie- yes
Young - yes
Motion carried.

Chair Scottie Adams will prepare a report for the Town Board, submit the report for approval and/or editing to Planning Board members by email and then submit to the Town Clerk in a timely manner for posting on the town website.

Special Committee

From town board meeting minutes from 1/14/2021. "On a motion by Mickey Webb, seconded by Dave Perry a Special Committee will be formed to work with the Chazen Comp. on the new Marina Regulations. The committee would consist of the Code Enforcement Officer, 2 Town Board members, 2 Planning Board members and 2 Variance Board members. All members voting aye. Motion carried.

Town Board members to be on the Special Committee will be Rick Lyon and Mickey Webb. Supervisor McGill will contact the Planning Board and Variance Board to identify their 2 members each that will be on the committee."

Scottie Adams and Bill Young volunteered to be on the Special Committee as representatives of the Planning Board. The Chair will relay this information to the Town Supervisor

Comprehensive Plan

The Comprehensive Plan is currently "on the back burner" to allow waterfront development considerations to be prioritized.

Short Term Rentals (STRs)

The chair reported that she had spoken to the special counsel for land use matters about the STR regulations submitted to him in July. He indicated that the regulations looked reasonable and he would report his advice and opinions on the regulations submitted in time for the February Planning Board meeting.

Next Meeting

The next meeting will be held on Tuesday, February 23, 2021 at 9 AM at the Town of Santa Clara Town Hall.


Beth Hall moved that the meeting be adjourned. Bill Young seconded the motion. All were in favor of the motion. Meeting was adjourned 10:05 AM.


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