Staff Notes
Department of
Community Development
Queensbury Planning Board
Staff Notes
May 15, 2012
APPLICATION: Special Use Permit 9-2012 / Area Variance 26-2012
APPLICANT: San Souci of Cleverdale
REQUESTED ACTION: Recommendation to the Zoning Board of Appeals concerning the relief
requested in the variance application as well as the potential impacts of this
project on the neighborhood and surrounding community
LOCATION: 92 Mason Road
EXISTING ZONING: WR
SEQRA STATUS: Unlisted
WARREN CO. REVIEW: Yes
ENGINEERING: 5/11/2012
PARCEL HISTORY: SUP 45-09: 360 sq. ft. expansion to kitchen/reconfiguration of lower portion
of building for to go food & gaming area. Expansion of use requiring SUP
requires PB review 6-25-09
AV 39-09: Relief from expansion of a nonconforming structure, FAR, front
& side setback, permeability & minimum parking requirements 7-22-09
BOH 14-09 3-2,000 gallon in-line holding tanks Approved
PROJECT DESCRIPTION: Applicant proposes to modify approved site plan to include the removal of
vegetation and the installation of “permeable” pavers on existing gravel parking spaces. Further, applicant
seeks after the fact approval for the installation of a +/- 665 square foot patio with access deck and stairs to
accommodate four tables as well as for the installation of a 6 foot tall, 112 foot long stockade fence along
the south boundary. Modification to approved site plan and expansion of a nonconforming structure in a
CEA requires Planning Board review and approval. Variances: Relief from side setback, expansion of a
nonconforming structure, fencing requirements and permeability. Planning Board shall provide a
recommendation to the Zoning Board of Appeals.
STAFF COMMENTS: The applicant last appeared before the Planning Board to gain site plan approval
for expansion and modification of existing site on 6/25/09. Since that time the applicant has roughed in the
approved kitchen and operated the restaurant without completing the requirements of the previously
approved site plan. Further, installation of a 665 square foot enclosed patio with access stairs and landing,
buried, with fill, the existing propane tank within the patio enclosure and the installation of a 112 foot
long, 6 foot tall vinyl stockade fence on the south property line has been accomplished by the applicant
without Planning Board approval.
Special Use Permit review:
The restaurant use is reviewed under the auspices of a Special Use Permit and will require the same level of
review as Site Plan Review with the General Criteria for the following to be applied by the Planning Board
as per §179-10-060:
1.Harmony with the Comprehensive Plan
2.Compatibility
3.Access, circulation and parking
4.Infrastructure and Services
5.Environment and natural features
6.Long-term effects
Please see attached description for the General Criteria for this project. Per code a Special Use Permit will
require one of the following terms of validity: Permanent, Temporary, or Renewable. The Planning Board
may wish to consider a 6 month approval time frame in order for all exterior improvements to be
accomplished expeditiously.
Nature of Area Variance:
Parcel will require area variances as follows:
1.Side Setback – Request for 7.15 feet of south side setback relief after the fact for the installation of
stairs and deck leading to unapproved patio.
2.Expansion of a non-conforming structure must be approved by the Zoning Board of Appeals.
3.Front (west) fence height and style – Request, after the fact, for 2 feet of fence height and style
along the 15.5 feet of architectural front placement of 6 foot tall vinyl stockade fence.
4.Front (east) fence height and style - Request, after the fact, for 2 feet of fence height and style along
the 28 feet of architectural front placement of 6 foot tall vinyl stockade fence.
5.Permeability – The quantification of permeability will need to be verified by the applicant. Staff
calculates additional hard surfacing at approximately 800 square feet. Note: This includes the new
patio and pavers denoted to the northeast not previously approved.
Site Plan Review
Page 49224 Mod:
1.Dumpster location omitted. Clarification on final location should be ascertained as existing location
is along north property line
2.Revision date not indicated on site plan for most recent submission. Note: Applicant submitted a
revision on April 27, 2010; this date to be denoted.
3.Four foot tall solid vinyl fence to the west and four foot tall picket vinyl fence to the east associated
with patio not referenced on site plan.
4.Parking area to the northeast on lands of Clute appears to accommodate up to 4 vehicles; formalized
parking agreement should be considered.
Additional Comments:
1.The request for additional permeability relief due to the installation of the patio is also tied to the
desire of the applicant to have the proposed “permeable” pavers installed in part to reduce the
overall impermeable nature of the site. The Town Designated Engineer (TDE) has been asked to
qualify and quantify the amount of relief that the proposed pavers may provide. Please note that the
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permeability relief stated above does not include any allowance for a reduction to impermeability
that the pavers may or may not afford.
2.The Planning Board, as per §179-10-040J, may wish to consider requiring, by the applicant, the
posting of financial security in the form of a bond, letter of credit or other instrument in order to
ensure that improvements are carried out as specified in the plans and approvals.
3.The Planning Board may wish to place a condition of approval requiring a certain time frame for the
completion of exterior approvals.
4.The following are issues in need of address relating to the approved site plan:
Installation of holding tanks
Storm water controls
Attached Fire Marshal comments
Approval of after the fact improvements
Application Protocol
5/15/12 PB recommendation to ZBA
5/16/12 ZBA Review
5/17/12 PB review
L:\Keith Oborne\2012 Staff Notes\Planning\May 15\SP 09-12 San Souci_PBR_AV 26-12.doc
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Special Use Permit General Criteria
Before issuing any special use permit, the Planning Board shall consider the public health, safety and general welfare
as well as potential environmental impacts. A special use permit shall not be granted until the Planning Board finds
that the following criteria have been met:
A. Harmony with Comprehensive Plan. The proposed use shall be in harmony with and promote the general
purposes and intent of the Comprehensive Plan, and this chapter and the health, welfare and safety of the Town and
its residents.
B. Compatibility. The proposed use shall be compatible with the character of neighborhood, the area, the zoning
district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage
future planned growth in the area.
C. Access, circulation and parking. The proposed use shall have safe and efficient access for pedestrians and
vehicles, and shall provide for appropriate off-road parking and loading areas. The interior circulation system must
be adequate to provide safe accessibility to all parking spaces and ensure that adequate and safe integration of
pedestrian and vehicular movement is provided.
D. Infrastructure and services. There shall be sufficient infrastructure and services, including utilities, public
facilities and services, available for the proposed use or the project shall extend or provide infrastructure and services
for the area where the proposed use is located. There shall also be facilities and services implemented by the
applicant to appropriately control any potential nuisances from the operation of the use, such as control of litter or
trash, loitering and crime prevention, and any other features or aspects of the operation of the proposed use that may
affect the public safety, health and general welfare.
E. Environment and natural features. The proposed use shall be compatible with and appropriately protect
environmental and natural resources, including the environmental and physical suitability of the site for development,
and the general landscaping, screening and buffering shall be in character with the surrounding areas, and the risk of
fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to
the public health, safety and welfare shall be minimized to the maximum extent practicable.
F. Long-term effects. The proposed use shall provide positive or beneficial effects on the long-term economic
stability, environmental integrity and community character of the Town and surrounding properties, districts and
uses.
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