PRESENT: Board Members: Scottie Adams, Mike Ritchie, Beth Hall, John LaHart, Bill Young and Code Enforcement Officer, Ed Lagree. Kirk Gagnier (attorney) and Eric Shaheen (builder) representing Rockledge Holdings, LLC.
This meeting was called to review and rule on a Site Plan Review Application indicated below;
The meeting was called to order at 2 PM on February 15, 2017.
The application seeks to build a new boathouse and dock to replace an existing boathouse and dock. The property currently contains a 520 sq. ft. boathouse with a 325.18 sq. ft. dock, the total square footage of which is 845.18 sq. ft. In addition, there is a separate dock measuring 352 sq. ft. for a total of 1197.18 sq. ft. of boathouse and dockage. The Town of Santa Clara (TSC) Land Use code, section 7.35 specifies a maximum of 625 sq. ft. for a boathouse and 875 sq. ft. for combined area of boathouse and dockage. The new proposed boathouse would be 624 sq. ft. with a 221.18 sq. ft. dock for a combined square footage of 845.18 sq. ft. A previous application for a variance to build a new boathouse and dock contained a miscalculation of the square footage of the dock attached to the boathouse. The dock was reported as being 463.32 sq. ft. which included the external boat slip area. In reality, the dockage is 325.18 sq. ft. as reported in the current application. Although the combined total square footage of the new boathouse and dock along with the separate dock is non-conforming, it is the exact same square footage as the existing boathouse and docks. Thus the replacement structure is no more non- conforming than the existing structure. Section 8.11 of the TSC Land Use Code which deals with non-conforming uses and buildings states "no land shall be subdivided, its use changed or existing structures or buildings expanded so as to create a nonconforming lot, use, building or other structure more nonconforming from the effective date of this local law." Simply put, a property owner is allowed to replace a non-conforming structure as long as it is not expanded
After discussion on this project, with no objections being raised, Mike Ritchie moved and Bill Young seconded a motion to approve the application. All board members were in favor. The application is approved.
Scottie will provide Planning Board minutes to the Planning Board members by email for final approval before submitting to the Town Clerk for posting on the Town of Santa Clara web site. Scottie Adams will send an official letter of approval to Kirk Gagnier.