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1976-11-17 /(J~ MINUTES of the public hearing of the Zoning Board of Appeals held November 17, 1976 at 7: 30 P.M. There were present: Jack Fitzgerald (Chairman) Charles Sicard Ted Tw:ner Sjoerdje Richardson George Kurosaka being the rœmbers of the Board. On a rrotion by Charles Sicard seconded by Ted Turner, the mÏ:nutes of the regular October 20th rœeting and the minutes of a special meeting held October 27th were approved as read. OID BUSINESS - Pyramid Carpany of Glens Falls - Queensbury Cœmi ttee for Cœmuni ty Beautification planting and screening plans. Mr. Robert Eddy, chairman of the Beautification Cœmi ttee "- was present and gave tribute to Mr. Van Dusen for drawing the maps for the beautification COImIittee. Mr. VonDeak who represents the Pyramid Mall could not be present until 8:30. After Mr. Robert Eddy reported his findings and recarmen- dations which will follow below, the map of the Pyramid Mall will be made part of the reoord. The following is the resol- ution passed by the..œown of QUaansbury Zoning Board of Appeals with respect to the Aviation Mall Property: The following proposals made to the Queensbury Beautifi- cations Ccmni ttee are hereby approved as a condition of a Certi- ficate of Occupancy. The buffer zone between the Mall property a:OO R-S district. ~ This barrier starts at a point where the };XJWer lines are first visible near the southwesterly corner of Mall property and extends /ð 1 ."--" -2- to the southeasterly corner, wrapping around the corner. It would be nearly a straight line and be to the north of and along the slope of the drainage basin. The barrier would consist of at least 35 or IIDre white pines 10 to 12 feet high with a caliper of about 2-1/2" to 3-1/2" placed about 30 feet on center in a staggered fashion, the first row being placed part way up the enbankment and the second near the top near the edge of the parking area ,with the trees being left untrimœd. Around the trees the ground would be mulched with five inches of pine needles or bark mulch and the ground between the trees be seeded and that the trees be replaced should any of the not survive. These trees will be fran a naturalized triangle in the southwesterly corner of Mall property so as not to damage the nat- uralness of that corner. Adequate finishing of the grade on the western enbankrænt. This requires replacing damaged section, then seeding so as to correspond to the rest of the enbankrænt after rerrvving about 5,000 yards of sand fran near pole #5 on Quaker Hill Road to the second cut in fran Aviation Road. Planting plans for the portion of the new construction and irn- provenent in the plantings of the present . structure. Such plantings shall be in accordance with the plan sul::mi. tted by representatives of the owner of the property to the Queensbury Beautification Ccmni ttee. All plantings which fail shall be replaced. All grassed areas must be seeded and reseeded as necessary un- til a good stand of grass has been obtained. In areas that are level enough to now, care should be given to proper maintenance and espec- ially along Aviation Road where it was agreed water should be applied as needed so as to make a pleasing appearance. All erosion and wash Date: July 16, 1982 To: Frances Walter, Supervisor From: Kirkham Cornwell, Chairman, Zoning Board of Appeals Subject: Pyramid Company Bond Based upon a personal inspection of the Pyramid Corporation property (Aviation Mall), I am of the opinion that the performance bond required by 1977 agreement has achieved its purpose. It is my understanding that this bond was to guarantee completion of decorative planting, screening and stabliization of slopes. I believe that, as a practical matter, the bond should no longer be required. ItJð "- -3- outs shall be repaired i.rmediately. On steep enbankIœnts where mJW- ing is not possible, it was agreed that unsightly and large weeds would be rercoved. Along the steep grade near the northeasterly cor- ner of the Mall property near Aviation Road and adjacent to new en- trance and the now existing middle entrance it was agreed that Crown Vetch seed would be mixed with the grass seed, the grass seed hope- fully holding the enbankIœnt until the vetch catches. It is expect- ed the vetch will eventually take over and srrother growth of weeds lessening maintenance of this area and giving a pleasing appearance. Representatives of the property owner agreed that a regular pro- gram would be established for maintenance of the enµre Aviation Mall property. All of the above requirerœnts shall be made prior to issuance of Certificate of Occupancy, or if scheduling is impossible or im- practical, appropriate bond will be provided by Aviation Mall-Pyramid Carpany. The map of plantings sul:Jnitted to the Queensbury Beautifi- cation Comnittee will be made part of the record. The ',,--- "'- On a IIDtion by Charles nded by Sjoerdje Richardson, the above resolution was approved. Unanious . Mr. Eddy stated that the Beautification Camlittee had approved plans for Samba's Restaurant. Mr. Fitzgerald wanted it to be made part of the record the the Queensbury Zoning Board of Appeals never took any position on Samba's Restaurant. /óc¡ -4- ,-. Mr. Fitzgerald made a motion stating that on behalf of the Zon- ing Board of Appeals, they did not make any determinations approving' the concept for Samba's Restaurant. This IIDtion was seconded by S. Richardson. Uanirrous. (Attached is letter fran George Liapes to Zoning Board of Appeals) Variance #461 - Peter Harris Clothes, Northway Plaza, Route 9 C-3 and C-2 zones. To place a 5 ft. by 20 ft. sign on the edge of canopy in lieu of the required 15 inch projection from the face of the building on the property situated at Route 9, Northway Plaza. George Kurosak disqualified himself. Jean Sullivan, manager of Peter Harris clothes was present. There were no appearanaces for or against. Ms. Sullivan stated that '-- no sign was visible fran the sidewalk. Mr. Fitzgerald stated that no hardship was shown. Jack Fitzgerald made a rrotion that Variance #461 - Peter Harris Clothes be disapproved on the grounds that there is no hardship shown. This was seconded by Charles Sicard. Unanirrous. 4 - Disapproved 1 - Obstaining NE.W BUSINESS: Variance #465 - Kenneth Lendrum, Upper Glen Street, C-3 Zone. To replace a free standing sign on New York State right-of-way on the property situated at the Route 9, Miller Hill. Mr. Lendrum was present. A letter was read from the New York state Transportation which is attached to these minutes stating that Mr. Lendrum is and will be in violation of Section 52 of the Highway "w'" Law which prohibits erection of unofficial sign on the New York State right-of-way and that Mr. Lendrum is being notified to rerrove his sign from the right-of-way within 30 days. ~ '- lit! -5- In view of the letter received from the New York State Dept. of Transportation, George Kurosak made a IIDtion, seconded by Ted Turner that Variance #465 - Kennth Lendrum be disapproved. Un- anirrous. Variance #466 - Vernon J. Canape, Jr., East Side Bay Road, M-l Zone, to conduct a general insurance office in an M-l zone on the property situated at the east side of Bay Road. Mr. Canape was present and said he was in the process of pur- chasing the property. It said he had three people employed for him. There is adequate parking for four cars in the rear and there is a tennant living upstairs at the present time. He would like to rem:we porch and enclose as part of the building. Town of Queensbury approved without ccmænt and also the Warren County Planning approved without cament. Robert Shearer who lives next door wanted to know where the parking facilities would be. He had no objection and there were no other appearances. ( George Kurosaka made a rrotion that Variance #466 - Vernon J. Cana~ be approved with the stipulation that parking will be in the rear for arployees and clients, etc., and reasonable use of the property. This was seconded by Ted Turner. Unanim:>us. Variance #467 - Peter D. Casertino, Luzerne Road, R-3 Zone, to place two horses on 1-1/2 acre lot in lieu of the required 10 acres on the property situated at Luzerne Road. Mr. Casertino was present. Red Boynton said Mr. Casertino had a man building two stables and was nearly built and Red told him he needed a penni t and listed it as a storage building and could not keep horses there unless he got a variance. He had got a pennit for a storage building only. The horses had been raroved II/ -6- "'--. .. awaiting the decision fran the Zoning Board. Mr. Casertino said the horses wère just for his son anà. family to ride. No storage of animals for anyone else. Town of Queensbury reccmœnded disapproval. A petition with nine narres was signed approving this variance from various neighbors. Lillian Murphy who lives acress the street had no objection. She further stated that Mr. Casertino had done a wonderful job of fixing up the property. Elizabeth Threw who lives next doortto him had no objection. Charles Sicard made a rrction, seconded by Jack Fitzgerald that Variance #467 - Peter D. casertino be approved and that it be lirn- i ted to two horses, restricted to ownership anà. use of property by the applicant and to carply to the rules and regulations of clean- liness of the Town of Queensbury. Unanirrous. The meeting was adjourned at 9: 10 P.M. Respectfully, /"'7 /,,/ ~ '--- "'--