TOWN OF SANTA CLARA PLANNING BOARD

May 22, 2019

PRESENT: Board Members: Scottie Adams, John LaHart, Beth Hall, Mike Ritchie, and Code Enforcement Officer, Ed LaGree Also present was surveyor, Dean Franklin, who submitted the application for the Simon/Colson boundary line adjustment

ABSENT: Bill Young

The meeting was called to order by Chair, Scottie Adams at 2:05 PM, May 22, 2019

The main topics for the meeting were two variance requests and a boundary line adjustment.

John LaHart moved that the board approve the minutes of the previous meeting as distributed by email by Chair Scottie Adams. Motion seconded by Beth Hall. All members present voted to approve the motion. Motion passed.

Variance Application:

APPLICANT: Eagle Island, Inc.
PARCEL ID: 463.-2-11
LOCATION: 442 Gilpin Bay Road, Upper Saranac Lake

Application of Eagle Island, Inc. would require three (3) variances for a seasonal dock.

This project is designed to accommodate two needs: the request for docking of the fireboat and additional flexibility for Eagle Island vessels - in as conforming a manner as practicable.

This variance would be on the applicant’s property at 442 Gilpin Bay Road, Saranac Lake, 12983, Town of Santa Clara, Franklin County, New York, Tax Map 463.-2-11.

The proposed 3 variances are Extension from the shoreline from 30 ft. to 37 ft. (note existing is 32 ft.) Lateral Dimension from 15% to 25.4% Area from 500 sq. ft. to 566 sq. ft.

Discussion by members of the Board and the CEO centered on the APA requirement specifying that a dock be 5 ft. from the existing shoreline. Since the Town has never received any written specification about the 5 ft. requirement from either the DEC or the APA, it does not make sense to change the TSC Land Use Code to accommodate this possibly transient request. Beth Hall made a motion that the Planning Board report to the Variance Board that the Planning Board has no major objections to the variance. It is recommended that the Fire Department and the Town have a contract with Eagle Island for a minimum of 10 years to ensure the dock is always going to be available for the docking of the fireboat. Mike Richie seconded the motion. All members present voted to approve the motion. Scottie will forward a copy of the meeting minutes to the Variance Board Chair and Secretary before the public hearing on Tuesday, May 28, 2019.

Site plan application: Boundary Line Adjustment

APPLICANT: Dean Franklin for William and Bethanie Simon
PARCEL ID: 474.-1.6.8
LOCATION: 744 Bartlett Carry Rd., Upper Saranac Lake

This application, submitted by Dean Franklin, LS of Leifheit Land Surveying on behalf of William and Bethanie Simon is a request for a boundary line adjustment. A triangular piece of land, 0.13 acres in area, measuring 63 ft. by 180 ft. by 202 ft. would be transferred from William and Bethanie Simon to Douglas F. and Kathleen P. Colson, Parcel ID 474.-1-7.900. Both parcels are classified as R-1-3.2. The Simon property is 4.6 acres and the Colson property is 5.00 acres. The boundary line adjustment area is being conveyed to the owner of the adjoining parcel. The area will be merged with and become part of the Colson property so that the transfer does not create an additional parcel of land. The transfer and merger do not cause a lot size or other dimensions deficiency in the parcel from which the boundary line adjustment area is being transferred (Simon). John LaHart moved that the boundary line adjustment be approved. Mile Ritchie seconded the motion. All members voted in favor of the motion. The boundary line adjustment is approved. Chair, Scottie Adams will send an official letter of approval to Mr. Franklin and make arrangements to stamp the appropriate documents provided by Mr. Franklin, for filing with Franklin County.

Variance Application:

APPLICANT: Krystyna Houser, Summer Vibes, LLC
PARCEL ID: 454-1-1
LOCATION: 3 Dunlop Road, Upper Saranac Lake

Application of Krystyna Houser, Summer Vibes, LLC would require a variance from the sideline-edge of the water. The distance change requested would be from 75 feet to 50.8 feet for the construction to extend an existing front porch to connect to a new deck to use as an outdoor dining/social area off of the kitchen of the primary residence (Main Lodge). The building is at an angle to the water. The point of the existing front porch that is closest to the water edge is 48.3 ft. The point of the proposed new deck that is closest to the waters edge is 50.8 ft. (no increase to the existing non-compliant condition). This variance would be on the applicant’s property at 3 Dunlap Road, Saranac Lake, NY 12983, Town of Santa Clara, Franklin County, New York Tax Map 454-1-1.

The proposed variances is:

1. A variance from the sideline-edge of the water from 75 ft. to 50.8 ft. for the construction to extend an existing front porch.

The application was complete and provided a detailed description and drawings of the project. This is the second time that a variance request has been submitted for this project. CEO reported that the applicant had proceeded to construct the porch without obtaining a building permit. Also there was no APA permit issued and the porch was removed by order of the APA. This new application requests a variance from the 75 ft. setback from the water to 50.8 ft. The previous request was for 55.4 ft. stating that the point of the existing front porch to the waters edge was 53.4 ft. Members of the Planning Board discussed the proposed variance. The proposed new deck does not extend any closer to the water and most of it is much further back than an existing porch. The proposed porch is located behind the boathouse, a gazebo and screening trees.

John LaHart made a motion that the Planning Board report to the Variance Board that the Planning Board has no major objections to the variance if there are screening trees left in place to minimize the view of the addition from the water. Beth Hall seconded the motion. All members present voted to approve the motion. Scottie will forward a copy of the meeting minutes to the Variance Board Chair and Secretary before the public hearing on Tuesday, May 28, 2019.

Proposed Land Use Code amendments (previous) Chair, Scottie Adams reported that the Town’s special counsel for land use matters has requested that the Board re-adopt the proposed land use updates to avoid and future complications.

Proposed Land Use Code amendments (new) Recent applications for a subdivision have revealed that the Land Use Code requires updating on procedures to be used to register minor subdivisions and boundary line adjustments with Franklin County.

Proposed Amendment #7: Boundary Line Adjustment

Current code:

10.10 BOUNDARY LINE ADJUSTMENTS
The Planning Board shall have the authority to review a proposed deed or Boundary Line Adjustment agreement and map showing the proposed Adjustment. The map shall be prepared, signed and sealed by a licensed surveyor and shall show and identify the Granting Parcel, Receiving Parcel, Boundary Line Adjustment Area and any other details deemed necessary by the Planning Board. The map shall bear a prominent note stating that the Boundary Line Adjustment Area is hereby merged into and with the Receiving Parcel as a single, unified lot. The Planning Board shall determine whether the proposed transfer satisfies the definition of a Boundary Line Adjustment and requirements of this section or would be a subdivision subject to further review. If the Planning Board determines that the proposal is for a Boundary Line Adjustment, rather than for a subdivision, and that the map and other documents submitted are satisfactory, the Planning Board shall be authorized to approve the Boundary Line Adjustment. Upon such approval, the Chairman of the Planning Board shall be authorized to stamp and sign the map depicting the Boundary Line Adjustment. The Applicant shall then file the signed map and the deed or Boundary Line Adjustment agreement in the office of the County Clerk within 62 days after the map is signed by the Planning Board Chairman.

Proposed Amendment #7:

10.10 BOUNDARY LINE ADJUSTMENTS
The Planning Board shall have the authority to review a proposed deed or Boundary Line Adjustment agreement and map showing the proposed Adjustment. The map shall be prepared, signed and sealed by a licensed surveyor and shall show and identify the Granting Parcel, Receiving Parcel, Boundary Line Adjustment Area and any other details deemed necessary by the Planning Board. The map shall bear a prominent note stating that the Boundary Line Adjustment Area is hereby merged into and with the Receiving Parcel as a single, unified lot. The Planning Board shall determine whether the proposed transfer satisfies the definition of a Boundary Line Adjustment and requirements of this section or would be a subdivision subject to further review. If the Planning Board determines that the proposal is for a Boundary Line Adjustment, rather than for a subdivision, and that the map and other documents submitted are satisfactory, the Planning Board shall be authorized to approve the Boundary Line Adjustment. Upon such approval, the Applicant shall provide five (5) twenty four inch x thirty six (24x36) inch maps: 1 mylar and 2 paper copies to be filed with Franklin County, 1 paper copy for the Town of Santa Clara and 1 paper copy for the applicant. The Chairman of the Planning Board shall be authorized to stamp and sign the maps depicting the Boundary Line Adjustment. The Applicant shall then file the signed maps and the deed or Boundary Line Adjustment agreement in the office of the County Clerk within 62 days after the map is signed by the Planning Board Chairman.

Rationale: Experience has demonstrated that the applicants would like to have very specific instructions available on what is required of them after the application is approved. The previous definition did not define the size of the maps nor how many were required.

Proposed Amendment #8: Minor Subdivisions

Current code: 10.170 MINOR SUBDIVISION (2 - 4 LOTS) PLAT REQUIREMENTS 10.172 Plat Details

The plat to be filed with the County Clerk shall be printed upon linen or be clearly drawn in India ink upon tracing cloth or mylar. The size of the sheet shall be twenty-two by twenty-six (22x26) inches.

Proposed Amendment:

10.172 Plat Details

Upon approval of the subdivision, the Applicant shall provide five (5) twenty four inch x thirty six (24x36) inch maps: 1 Mylar and 2 paper copies to be filed with Franklin County, 1 paper copy for the Town of Santa Clara and 1 paper copy for the applicant. The Chairman of the Planning Board shall be authorized to stamp and sign the maps depicting the subdivision. The Applicant shall then file the signed maps, the deed and subdivision agreement in the office of the County Clerk within 62 days after the map is signed by the Planning Board Chairman.

Rationale: Experience has demonstrated that the applicants would like to have very specific instructions available on what is required of them after the application is approved. The requirements for minor subdivision and a boundary line adjustment should be similar. The requirement for a plat to be on linen using India ink is outdated. The size of the plat has been changed to conform to modern surveying and architectural standards.

Proposed Amendment #9: Boundary Line Adjustment Definition

Current code:

Boundary Line Adjustment – a transfer of land intended to correct the boundary between two lots and which meets all of the following conditions:

(i) The land to be transferred ("Boundary Line Adjustment Area") is less than 25 feet (25’) in width and totals not more than one-quarter acre in area;

(ii) The Boundary Line Adjustment Area is conveyed to the owner of the adjoining parcel ("Receiving Parcel");

(iii) The Boundary Line Adjustment Area is merged with and becomes a part of the Receiving Parcel so that the transfer does not create an additional parcel of land; and

(iv) The transfer and merger do not cause a lot-size deficiency or other dimensional deficiency in the parcel from which the boundary line adjustment area is transferred ("Granting Parcel").

Proposed Map Amendment:

Boundary Line Adjustment – a transfer of land intended to adjust the boundary between two lots and which meets all of the following conditions:

(i) The Boundary Line Adjustment Area is conveyed to the owner of the adjoining parcel ("Receiving Parcel");

(ii) The Boundary Line Adjustment Area is merged with and becomes a part of the Receiving Parcel so that the transfer does not create an additional parcel of land; and

(iii) The transfer and merger do not cause a lot-size deficiency or other dimensional deficiency in the parcel from which the boundary line adjustment area is transferred ("Granting Parcel").

Rationale: Pieces of land to be adjusted are not necessarily square or rectangular. Boundary line adjustments are not necessarily to correct a boundary, but to adjust a boundary without requiring a subdivision when the property to be transferred is less than the required building lot size.

The Board discussed suggested revisions. Chair, Scottie Adams will revise the amendments according to discussion.

Beth Hall moved that the meeting be adjourned. Mike Ritchie seconded the motion. All were in favor of the motion. Meeting was adjourned 2:25 PM.

Psa


 
Town Of Santa Clara
5359 State Route 30  ·  Saranac Lake, NY 12983
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