Approval Resolution SUP 45-09 San Souci 08/25/09
RESOLUTION APPROVING SPECIAL USE PERMIT 45-2009 SAN SOUCI OF CLEVERDALE, INC.
RESOLUTION: SP 45-2009
INTRODUCED BY: Gretchen Steffan
WHO MOVED ITS ADOPTION
SECONDED BY: Stephen Traver
1) A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes
changes to an existing restaurant to include a 360 square foot expansion to the kitchen and reconfiguration of lower portion of
building from to-go food operations to to-go food and children's gaming area with seating. Expansion of a use requiring a
special use permit requires Planning Board Site Plan review.
2) The Planning Board make a recommendation to the Zoning Board of Appeals on 7/7/09; the ZBA subsequently
approved the application on 7/22109, therefore a public hearing was advertised and held on 8/25109; and
3) This application is supported with all documentation, public comment and application material in the file of record;
4) MOTION TO APPROVE SPECIAL USE PERMIT NO.45-2009 SAN SOUCI OF CLEVERDALE, INC., Introduced
by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver:
According to the resolution prepared by Staff. Paragraph Four A complies. Paragraph Four B, this is a Type II
action. Paragraph Four E, F, and G do not apply.
a) Pursuant to relevant sections of the Town of Queensbury Zoning Code [Chapter 179], the Planning Board has
determined that this proposal complies with the requirements as stated in the Zoning Code;and
b) This is a Type II action and,therefore, no further SEQRA review is necessary;and
c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development
Department before any further review by the Zoning Administrator or Building and Codes personnel. The applicant
must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work.
Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other
conditions of this resolution;and
d) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to
issuance of the certificate of occupancy;and
e) NOT APPLICABLE. If applicable,Item d to be combined with a letter of credit;and
f) NOT APPLICABLE. The Sanitary Sewer connection plan must be submitted to the Wastewater Department for its
review,approval, permitting and inspection;and
g) NOT APPLICABLE. Waiver requests granted/denied: parking
h) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these
areas and field verified by Community Development staff
i) Engineering sign-off required prior to signature of Zoning Administrator.
j) The applicant shall submit a copy of a NOI [Notice of Intent]SWPPP [Stormwater Pollution Prevention Plan] & NOT
[Notice of Termination]-see staff
k) The applicant shall submit a copy of a NYS SPDES[State Pollution Discharge Elimination System]
l) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued
until the approved driveway permit has been provided to the Planning Office
m) This is approved with the following conditions:
1. That the applicant will satisfy Staff comments, specifically on Page 49224-1, existing septic
system should read decommissioned and removed.
" SUP 45-09 San Souci 08/25/09
2. The dumpster pad details to include enclosure and concrete pad dimensions. They need to be
included on the plan.
3. The handicap loading area and space be nine feet in width per the Building Code of New York
State.
4. Plantings along the south property line should be qualified and quantified on the plan. During our
dialogue, the applicant identified the fencing that would be proposed as well as the trees that
would be included, which satisfied the Planning Board, but need to be denoted on the plans. It's
identified in Staff Notes that the planting should not extend to the west property line, and
recommended that the plantings terminate 20 feet from the west property line to reduce vehicular
conflicts associated with the parking lot on Mason Street.
5. Any proposed new fencing must comply with our Code 179-5-070.
6. Another one of the Staff comment issues was regarding elevation and floor plan drawings, that
the applicant needed to clarify the handicap access ramp and entrance details on the upper level
to insure compliance with the Building Code of New York State, and also that the compliant
handicap accessibility be achieved at each level.
7. This Special Use Permit has been approved as a permanent Special Use Permit, which means
that the use can continue indefinitely until the specific use ceases for any reason for a period of
six months.
8. The planting bed on the south side will be enhanced with a depression for improved stormwater
absorption.
Duly adopted this 251h day of August, 2009, by the following vote:
AYES: Mr. Krebs, Mr. Sipp, Mr. Seguljic, Mr.Jackoski, Mr.Traver, Mrs. Steffan, Mr. Hunsinger
NOES: NONE
Cc: Bartlett Pontiff Stewart& Rhodes