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Staff Notes for 7/27/2021 Town of Queensbury Planning Board Community Development Department Staff Notes July 27, 2021 Site Plan 33-2021 333 CLEVERDALE, LLC / SAN SOUCI SUP 2-2021 333 & 337 Cleverdale Road / WR – Waterfront Residential / Ward 1 SEQR Type II Material Review: applications 333 and337, site plans, special use permit. Revised materials Parcel History:SUP 45-2009, SUP 9-2012, AV 28-2012, AV 28-2021, AV 32-2021 ________________________________________________________________________________________ Requested Action Application to be tabled to the September 21, 2021 at the request of the applicant to re- review the project. Resolutions 1. PB decision Project Description Revised: Applicant requests approval of outdoor seating area of 24 seats for the restaurant but occurring on the adjacent parcel (337 Cleverdale Rd.). The restaurant (333 Cleverdale Rd.) had previous approvals for 105 seats – that is to remain with no changes. Seating location to occur on the main floor and outdoors – area on the first floor to be used for waiting area of 10 people maximum – no seating on first floor. Restaurant parcel subject to area variance for permeability (333 Cleverdale Rd.). Adjacent parcel (337 Cleverdale Rd.) subject to area variance for permeability, density and setbacks. Pursuant to Chapter 179-3-040, 179-4-090 & 179.10 of the Zoning Ordinance, food service in a WR zone shall be subject to Planning Board review and approval. Staff Comments  Location-The project looks at 333 and 337 Cleverdale Rd. The project includes utilizing two properties for the outdoor seating for the existing restaurant. The residential house on the lot will remain as a residential use.  Arrangement- The 333 Cleverdale parcel has an existing restaurant and the 337 Cleverdale parcel has an existing residence on it.  Site Design- The applicant has utilized both parcels for outdoor seating over the past year due to covid. The new outdoor sitting on the restaurant parcel shows the location of the 4 picnic tables and the one top table. The residential parcel shows the location of the 24 seats.  Building – The 337 Cleverdale parcel has had improvements to the property that hasn’t received approvals. The existing house has a new deck of 180 sq ft. The site has an existing 176.5 sq ft garage.  Site conditions-The areas for the outdoor eating are pre-existing and there are no changes to these sites. The residential parcel is also an existing condition where the deck expansion and garage where completed between 2012 and 2021. The garage is used for storage and is considered a garage due to the door size.  Traffic- The number of spaces provided for the site is 17 parking spaces and allows for 105 seats total. There is no change in the parking on site.  Site plan overall-The site has been reviewed by code compliance and is compliant with previous approvals  Grading and drainage plan, Sediment and erosion control- There are no plans for site disturbance.  Landscape plan-The plans have been revised to show a privacy fence for the outdoor eating area.  Site lighting plan-Lighting information for the site has not been provided. The board may request clarification on outdoor lighting and to request code compliant lighting.   Utility details-The restaurant parcel has an onsite septic and draws water from the lake. The residential parcel also has on site septic and draws water from the lake.  Elevations, Floor plans - The plans show the location of the outdoor seating areas. In addition the residential parcel with a deck and garage.  Waivers-Planning staff has reviewed the applicants request for waivers that include items, h. signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal.  The waivers requested–Staff finds it reasonable to request a waiver as these items are not proposed to be altered. The existing site conditions are to remain the same as such the waivers requested for g. site lighting, h. signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal may be considered by the board. The board may request additional information on lightning. g. site lighting  Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Special Use Permit A special use permit is required as outlined in Section 179-10-070.  Harmony with the Comprehensive Plan—The Restaurant use on both properties is consistent with the comprehensive plans as it is an allowed use in the waterfront residential zone.  Compatibility - The restaurant use is compatible with the neighborhood as the residential use and commercial uses are listed uses in the waterfront residential zone.  Access, circulation and parking- The applicant has indicate the number of parking spaces is to remain and the number of seats allowed is also to remain. The applicant has indicated the parking is not an issue due to hours of operation and the patrons willing to arrange parking during operations.  Infrastructure and services – The parcels have on site septic and draws water from the lake. There are no changes to the existing utilities on the site.  Environment and natural features- The outdoor eating proposal does not alter the existing site conditions.  Long-term effects- The allowance of outdoor eating areas during COVID pandemic has assisted the food service industry maintain operations.  Noting the board will need to review the term – permanent - indefinitely, temporary- ends on a specific date, renewable –has to be reviewed by the planning board prior to the specified end date Nature of Area Variance Revised . Variance for property at 333 Cleverdale is for permeability is 22.7% and 75% is required. The existing restaurant parcel site conditions currently have a permeability of 22.7% where 75% is required. [[2066,2324,2367,2381][12][,I,][Times New Roman]]Note the relief [[141,2381,825,2438][12][,I,][Times New Roman]]for parking is no longer required [[824,2381,850,2438][12][,I,][Times New Roman]]– [[850,2381,1956,2438][12][,I,][Times New Roman]]there is no change to the amount of parking on the site. [[1956,2381,1969,2438][12][,I,][Times New Roman]] [[1967,2381,2184,2438][12][,I,][Times New Roman]]Noting AV [[2178,2381,2194,2438][12][,I,][Times New Roman]]- [[2194,2381,2244,2438][12][,I,][Times New Roman]]38 [[2244,2381,2261,2438][12][,I,][Times New Roman]]- [[2261,2381,2373,2438][12][,I,][Times New Roman]]2009 [[150,2439,716,2496][12][,I,][Times New Roman]]30.4% permeable approved. [[716,2439,742,2496][12][,I,][Times New Roman]] Variance for property at 337 Cleverdale: Floor area –existing 1,397 and maximum allowed is 1,607 sq. ft; permeability- 51.3 % is existing where 75% is required; Deck front setback is 18.4 ft, rear setback is 28.4 ft. where 30 ft. is required; Garage rear setback is 3.1 ft., rear setback is 17.1 ft. where 30 ft. is required; restaurant use per special use permit 5 ac required and 0.15 acres is existing. Summary st Application to be tabled to September 21 Meeting History: PB: 5/18/21, 5/20/21; ZBA: 5/19/21; - 2 -