Town Staff Notes.06.15.2010 Y
Department of
Community Development
Queensbury Planning Board
Staff Notes
June 15, 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
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 Withdrawn by applicant.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 Withdrawn by applicant.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.
Site Plan Review
Application
1. No immediate issues
Site Plan Cover Page:
1. No immediate issues
Page C-1
1. "16'xl6' Covered Bar (by others)"may need additional information provided for this review.
Details such as potential for bar seating, lighting, stonnwater management, etc. may need to be
forthcoming.
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
and where.
4. Fence details to include type, style and size may need to be forthcoming.
5. Port-a-Johns appear to violate town law as per attached letter from the Director of Building and
Codes.
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
seating.
2. Per §179-6-020(D), lighting fixtures to be downcast and cutoff.
3. Site conditions not accurate with regards to parking area near flagpole. There is a patio enclosure,
not parking in the front. Clarification of this change may need to be forthcoming.
Page D-1
1. Silt fence detail, as presented, would fail if installed as denoted. Please update this detail to indicate
correct direction of overland flow.
2. Bollard and chain barrier along curb, 1 foot high concrete barrier curb, and patio surface all
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
provide these and other details if necessary.
Additional Comments:
1. With the additional seating proposed, wastewater adequacy may need to be explored. What is the
capacity of the existing system and what, if any, plans for upgrading are proposed?
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,
Stormwater Management, Landscaping and Lighting.
4. Fire Marshal comments attached.
5. Paragon Engineering comments attached.
6. Director of Building and Codes comments attached.
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