Last Updated On:

Friday, September 21, 2012

Project Summary

Applicant has requested a variance to replace the existing on-site wastewater treatment system with series of holding tanks.  The restaurant is located at 333 Cleverdale Road.  The restaurant capacity is 105 seats.  The estimated design wastewater flow was 3,150 based on 2.5 times the NYSDEC standard of 15 gal/day/seat.  (3) 2,000 gallons tanks are proposed with two stage alarm - first being a 90% volume indicator and the second being a water shut-off for overflow conditions.  The tanks are proposed to be installed in the parking area.  The applicant stated there was no planned expansion to the capacity of the restaurant.  The project required a variance for expansion to a nonconforming structure, Floor Area Ratio, side yard setbacks, permeability requirements and parking requirements.  The project required a Site Plan Review for the expansion of a Special Use Permit from the Planning Board.  The project received a sign-off from the Town Engineer.  The applicant stated the grease from the facility is recycled and barrels are provided outside.  The applicant will install fencing along the property to the south as line with arborvitae and 2 deciduous trees.

AV26-2012 - Applicant proposes site modification to previously approved Area Variance (AV 38-2009) and Special Use Permit (SUP 45-2009) and seeks relief from side setback, expansion of a nonconforming structure and fencing requirements.  The applicant is seeking an after-the-fact variance for a side yard setback (20 ft required, 12.85 ft.) and to allow fencing in the front yard setback.  The application has received variances for side yard setback (north) - 20 ft required, 9.2 exists; parking - 32 required, 16 provided; permeability - 75% required, 31.5% exists; FAR - 0.22 required, 0.38 exists; and front setback (east) - 30 ft required, 24 ft. exists.  The applicant proposes an outdoor patio with 4 tables (8 seats per table), which will put the seat total to 94 (105 seat capacity).  The applicant is proposing permeable grass pavers along the southern property line in parking areas to increase permeability as well as permeable crushed stone parking along Cleverdale Rd.  The applicant is also proposing 3 arborvitae shrubs in a depressed planting bed at the south western corner.  The applicant will require approvals from the Zoning Board of Appeals and the Planning Board.  Once variances are received, the applicant will be required to renew and modify the existing Special Use Permit with the Town of Queensbury Planning Board.

Waterkeeper Perspective

The Waterkeeper supported the replacement of the existing on-site wastewater treatment system with holding tanks.  There was concern about the potential impacts from grease on the alarm system and it a grease trap would be required.  There was also a question on where the collected effluent will be disposed.  Additional concerns included compliance with the NYSDEC Design Standards for Wastewater Treatment Systems within the Lake George Watershed, whether a SPDES permit would be required (which the applicant's agent stated actual flows have been metered and determined to be 450 gpd) and additional vegetative planting on site to improve infiltration.

V26-2012 - The Waterkeeper is concerned about the applicant's failure to comply with the stormwater management plan for the previous approvals; the after-the-fact expansion will increase the undersized parking; tree planting should be proposed for stormwater management benefits; stormwater management should be increased and soil restoration should be provided in paver areas.

SUP 37-2012 - The Waterkeeper expressed concern about the extended delay in the installation of the replacement wastewater treatment system (holding tanks) to replace the failing existing system, which requires constant oversight and maintenance.

Waterkeeper Comments

The Waterkeeper provided verbal comments at the June 15, 2009 Town of Queensbury Board of Health public meeting.  The Waterkeeper submitted comments to the Town of Queensbury Zoning Board of Appeals for the July 22, 2009 Zoning Board meeting, see July 2009.   

AV26-2012 - The Waterkeeper submitted comments to the Town of Queensbury Zoning Board of Appeals, see May and June 2012.

SUP 37-2012 - The Waterkeeper submitted comments to the Town of Queensbury Planning Board, see August 2012.

Next Meeting

The Town of Queensbury Board of Health held a public hearing on the variance application on June 15, 2009 and approved the application that evening.  The Town of Queensbury Zoning Board of Appeals granted all variances at the July 22, 2009 Zoning Board of Appeals meeting based on improvement to septic system, stormwater improvements and change in zoning regulations.  The Town of Queensbury Planning Board approved the Site Plan at their August 25, 2009 Planning Board meeting.

AV26-2012 - The Town of Queensbury Zoning Board of Appeals will hear the area variance application at the May 16, 2012 meeting. Planning staff raised question regarding the permeability amounts due to the permeable pavers and the application was tabled.  Zoning Board of Appeals members commented on the lack of progress of completing the previous project and the lack of stormwater management and vegetation on site.  The application was tabled until the June 20, 2012 Zoning Board of Appeals meeting.  At the June 20, 2012 meeting, it was determined a variance was not required for the permeability due to the extent of the pervious paving proposed and the fact that it was considered as 50% permeable.  There was discussion regarding the construction schedule for the project and concern about the septic system and replacement with holding tanks.  The applicant claims they are monitoring the septic system routinely.  The ZBA granted the variances based on the construction schedule submitted by the applicant which proposed installation of the grass pavers by 11 / 30 / 12 and the holding tanks by 11 / 30 / 14.

SUP 37-2012 - The Town of Queensbury Planning Board reviewed the application for a modified and renewal of the Special Use Permit for the San Souci at their August 21, 2012 meeting.  The Planning Board expressed concern about the delay in the installation of the replacement septic system and felt this should be a priority of the applicant.  The Planning Board was going to grant the SUP with a condition that the septic system be installed by 11 / 30 / 12.  The applicant was not present and the applicant's agent requested to table the application until September 18, 2012.  At the September 18, 2012 meeting, the applicant stated the earliest date he could start construction on the replacement septic system is November 2013.  After much discussion, the Planning Board voted to deny the Special Use Permit modification 4-3.

Related Town

Waterkeeper Comments Document

Project Address

333 Cleverdale Road
Queensbury, NY 12804