Town of Queensbury Staff Notes.08.25.2009 r
Department of
Community Development
Queensbury Planning Board
Staff Notes
August 25, 2009
APPLICATION: Special Use Permit 45-2009
APPLICANT: San Souci of Cleverdale, Inc.
REQUESTED ACTION: Expansion of a use requiring a special use permit requires Planning Board
review and approval.
LOCATION: 92 Mason Road, Cleverdale
EXISTING ZONING: WR
SEQRA STATUS: Type 1kno further review needed
PARCEL HISTORY:
SUP 45-09 360 sq. ft. restaurant expansion Pending
A.V. 38-2009 Setback variances, parking variance and expansion of an N/C structure Approved 7/22/09
BOH 14-09 Holding Tanks Approved 6115/09
BP 97-629 Rebuild house due to fire Approved12/8/97
BP 6231 1980 sign
BP 5999 1979 septic
BP 5784 1979 Restaurant& bar
PROJECT DESCRIPTION: 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 review and approval.
STAFF COMMENTS: On June 15, 2009 the applicant received approval from the Town Board of Health to
install three (3) 2,000 gallon holding tanks for wastewater. This Zoning Board of Appeals has received a
recommendation from the Planning Board dated 7/21/09 concerning variance associated with this
application (see attached). The ZBA subsequently approved Area Variance 38-2008 on 7/22/09 which
dealt with the following issues: lot line setbacks, FAR, permeability, parking and the expansion of a non-
conforming structure (see attached approving resolution).
Concerning this Special Use Permit, the Planning Board, under the new code, must specify the type of
Special Use Permit to be granted. The three types are as follows:
1. Permanent-Use can continue indefinitely until the specific use ceases for any reason for a period of
6 months.
2. Temporary-Use to continue until a specified date. Upon this specified date, the use shall terminate
with no extensions.
3. Renewable-Use to continue until a specific date, unless renewed or extended by the Planning
Board for an additional period of time. Note: The applicant, not the Town of Queensbury, has the
responsibility to initiate the request for renewal or extension for this type of permit. If renewal is not
accomplished, the permit terminates on the expiration date set forth at approval.
Plan Review:
Page 49224-1
• Existing septic system should read de-commissioned and not commissioned. Please revise.
• Dumpster Pad details to include enclosure and concrete pad dimensions not present on plan.
• Handicap loading area and space to be 9 feet in width per BCNYS. Please revise.
• Plantings along south property line should be qualified and quantified on plan. Staff recommends 4-
5 foot shrubs be planted to ensure a timely visual buffer.
• Plantings should not extend to the west property line. Staff recommends plantings terminate a
minimum 20 feet from the west property line to reduce vehicular conflicts associated with the
parking lot and Mason Street.
• Any proposed new fencing must comply with §179-5-070.
Pages 49224-2 and 3
• No immediate issues
Elevation and Floor Plan Drawings
• The Planning Board may wish to direct the applicant to clarify handicap access ramp and entrance
details on upper level to ensure compliance with BCNYS. All exits should be on-grade or be
accessed by a handicap ramp. The Planning Board, as a condition of approval, may wish to
require that compliant handicap accessibility be accomplished for each level.
Additional Comments:
1. This application has been forwarded to Vision Engineering for review and comment.
2. This application had been forwarded to the Fire Marshals office for review. No issues at the
present time.
3. Area Variance 38-2009 meeting minutes attached.
4. BOH resolution 14-09 attached.
LAKeith Obome\2008-2009 Staff Notes\Planning\August 25\SUP 45-09_Sm Souci_072809Am
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PB Recommendation to ZBA AV 38-09 San Souci 072109
RESOLUTION MAKING THE FOLLOWING RECOMMENDATION TO THE ZONING BOARD OF APPEALS FOR
AREA VARIANCE 38-2009 SAN SOUCI OF CLEVERDALE, INC.
RESOLUTION: AV 38-09
INTRODUCED BY: Gretchen Steffan
WHO MOVED ITS ADOPTION
SECONDED BY: Stephen Traver
1) The applicant has submitted applications to the Zoning Board of Appeals for: Applicant proposes construction of a
360 sq. ft. addition onto the existing restaurant, and reconfiguation of take-out operations to childen's gaming
center. Relief requested from setback and parking requirements, Floor Area Ratio requirements, expansion of a
nonconforming structure and permeability requirements
2) MOTION TO RECOMMEND TO THE ZONING BOARD OF APPEALS REGARDING AREA VARIANCE NO 38-
2009 SAN SOUCI OF CLEVERDALE ACCORDING TO THE RESOLUTION PREPARED BY STAFF WE
RECOMMEND THAT THE ZONING BOARD OF APPEALS APPROVE AREA VARIANCES AS REQUESTED
AFTER DISCUSSION THE MAJORITY OF THE BOARD BELIEVES THAT GRANTING THE VARIANCE WILL
BE AN IMPROVEMENT TO THE SITE BOTH ENVIRONMENTALLY AND VISUALLY, Introduced by Gretchen
Steffan who moved for its adoption, seconded by Stephen Traver:
Duly adopted this 21g day of July, 2009, by the following vote:
AYES: Mr. Krebs, Mr. Ford, Mr. Seguljic, Mr. Sipp, Mr. Traver, Mrs. Steffan, Mr. Hunsinger
NOES: NONE