SP 34-10_Cap Reg Prop_Revised Staff Notes 07 20 10
Department of
Community Development
Queensbury Planning Board
Staff Notes
Revised July 20, 2010
APPLICATION: Site Plan 34-2010
APPLICANT: Capital Region Properties d/b/a Dunham Bay Resort
REQUESTED ACTION: Commercial Expansion in the RR zone requires Planning Board review and
approval
LOCATION: 2999 State Route 9L
EXISTING ZONING: RR-3A
SEQRA STATUS: Unlisted
PARCEL HISTORY: UV 23-2008 Construction of ground level patio and deck
to existing restaurant for additional outdoor dining. Withdrawn by applicant.
NOA 2-2008 Appeal of a November 29, 2006 Zoning
Administrator determination regarding the expansion of a nonconforming
use. Withdrawn by applicant.
PROJECT DESCRIPTION: Applicant proposes a 5,650 sq. ft. outside patio banquet area with covered
bar, seating and seasonal tent. Project proposes stormwater controls and landscaping. Commercial
expansion of an existing use requires Planning Board review and Approval.
STAFF COMMENTS: Per §179-9-020(A), Site plan review is required for any land use or development
involving a new use or expansion or change of a use noted in this chapter as requiring such Planning Board
review. Construction, development, site preparation and/or the issuance of a building permit or zoning
permit for any such use shall not be undertaken unless and until the Planning Board has approved, with or
without conditions, the site plan for such use. No building permit for a use requiring site plan review shall
be valid without site plan approval.
Currently, outdoor events are being conducted on site without proper approval from the Town. The
applicant’s agents have stated in both the Narrative and responses to the Requirements for Site Plan
Approval that the proposed use is an existing use that took place on the tennis courts and this proposal is to
“supplant” that use. Staff does not doubt the veracity of this comment; however, the use to be “supplanted”
had never been reviewed and approved and as such is and was a non-conforming use.
Soils: The predominant soil on the site appears to be Charlton fine sandy loam, 3 to 8% slopes. According
to the Warren County Soil Survey these soils are gently sloping, deep, well drained soils conducive for
dwellings and leachfields. Erosion is not a major concern on this project; however, staff recommends
immediate stabilization of any disturbed soils due to the project proximity to Lake George.
Note
: Soil descriptions are general in nature and may not accurately describe existing site conditions.
New comments in bold
Site Plan Review (). Note: Two submittals, one from the applicant’s counsel and
one from the applicant’s engineer have been reviewed.
Application
1.No immediate issues
Site Plan Cover Page:
1.No immediate issues
Page C-1
1.“16’x16’ Covered Bar (by others)” may need additional information provided for this review.
Details such as potential for bar seating, lighting, stormwater management, etc. may need to be
The applicant is not proposing a Covered Bar.This has been addressed verbally
forthcoming.
and in written form but will need to be revised for final submittal if project is approved.
See above.
2.Will covered bar be open other than for banquet events? Please clarify.
3.Planting scheme not clear with the addition of the word “may”. Please clarify what is to be planted
Addressed but not clear.The Planning Board may wish to discuss this issue.
and where.
Addressed but not clear.
4.Fence details to include type, style and size may need to be forthcoming.
The Planning Board may wish to discuss this issue.
5.Port-a-Johns appear to violate town law as per attached letter from the Director of Building and
Addressed with the authorization from the Town Board for a 90 day usage. See
Codes.
attached resolution.
Page C-2
1.Parking for events should be qualified and quantified. Clarification of on-site parking may need to
be forthcoming. With the addition of 192 seats, the introduction of at least 48 parking spaces will
be required by code. This calculation does not include potential bar seating and additional staff
parking as these details have not been submitted. The Planning Board may wish to direct the
applicant to provide said details to ensure the site can accommodated the addition of this banquet
Addressed and complete.
seating.
Complete with the Planning
2. Per §179-6-020(D), lighting fixtures to be down cast and cutoff.
Board granting of requested waiver.
3.Site conditions not accurate with regards to parking area near flagpole. There is a patio enclosure,
. Addressed. The
not parking in the front. Clarification of this change may need to be forthcoming
Planning Board may wish to approve this change to the site plan to avoid any confusion in the
future.
Page D-1
1.Silt fence detail, as presented, would fail if installed as denoted. Please update this detail to indicate
Complete.
correct direction of overland flow.
2.Bollard and chain barrier along curb, 1 foot high concrete barrier curb, and patio surface all
Complete.
designed by owner. Details lacking for these designs.
3.Planking or equivalent walkway over swale lacks details. What is the load, width, length of said
walkway? Will it be handicap compliant? The Planning Board may wish to direct the applicant to
Complete.
provide these and other details if necessary.
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Additional Comments:
1.With the additional seating proposed, wastewater adequacy may need to be explored. What is the
Complete with
capacity of the existing system and what, if any, plans for upgrading are proposed?
the submittal of Jarrett Engineering report dated June 28, 2010.
2.Total proposed area of disturbance to be 11,012+/- square feet.
3.The applicant is requesting waivers from the following: Parking, Traffic, Sewage Disposal,
Waiver granted for lighting plan only
Stormwater Management, Landscaping and Lighting.
4.Paragon Engineering comments attached.
The Planning Board may wish to direct the applicant to update the existing SPDES permit.
5.
If project to be approved, staff recommends that the final submittal indicate all revisions be
6.
included in the site plan. This includes the proper seating indicated, proper tent size, removal
of cover bar, quantity of proposed plantings, patio section details correctly referenced and any
other revisions the board may direct the applicant to submit
.
MOTION TO TABLE SITE PLAN NO. 34-2010 CAPITAL REGION PROPERTIES
, Introduced by
Gretchen Steffan who moved for its adoption, seconded by Donald Krebs:
th
Doing business as Dunham’s Bay Resort. This is tabled to the July 20 Planning Board meeting. We are
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extending the submission deadline for the applicant to Monday, June 28, so that the applicant can meet the
following conditions:
1.Issues of zoning and land use will need to be investigated and clarified and/or resolved, i.e. specifically
See attached Zoning Administrator comments.
zoning verses use.
2.The Planning Board requests a property wide wastewater management plan that identifies septic
locations and functionalities of those systems, compared to the proposed uses and capacity demands.
[see Jarrett Eng. findings dated 6/28/10]
This includes any impact from stormwater runoff.
3.The plans need to be revised to satisfy Staff Note questions raised and Paragon Engineering comments.
[see responses from Jarrett Eng. & M. O’Connor dated 6/29/10]
4.The Planning Board requests a documentation trail or chronology on Town Board actions on this site,
[see O’Connor
i.e. zoning changes, building code enforcement actions and Fire Marshal actions.
submission dated 6/28/10]
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5.The Planning Board grants the applicant the permission to use the proposed tent until the July 20
Planning Board meeting.
6.The Planning Board will grant a waiver on the lighting plan.
L:\Keith Oborne\2010 Staff Notes\Planning\July 20\SP 34-10_Cap Reg Prop_Revised 07 20 10.doc
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