1976-10-27 SP
W;
/0/
MINUTES of a Special Meeting of the Queensbury Zoning
'--,
Board of Appeals held October 27, 1976 at 7:45 P.M.
There were present:
George Kurosaka
Sjoerdje Richardson
Charles Sicard
Ted Turner
being members of the Board.
Also present were: Andrew VonDeak, Project Engineer for Pyra-
mid Company
Robert Stewart, Attorney for Pyramid
Robert Eddy, Queensbury Beautification Comm-
ittee Chairman
Mr. Brennan, Town Attorney
George Liapes, Building Inspector
This was a special meeting called by Pyramid Company. Mr.
Andrew VonDeak who is project manager and mall manager for the
Pyramid Company gave a recap of the following:
'"-,
He stated the Zoning Board decided to let George Liapes
give them. a building permit with the stipulation that Pyramid
Company get in touch with the Beautification Committee. He fur-
ther stated the Beautification Committee gave them recommendations
that the Pyramid Landscape Architect work up plans that will be
presented to the Beautification Committee at their November meet-
ing. Mr. VonDeak went on to say that concerning the buffer zone,
the Pyramid Company will transplant pine trees of approximately
2 1/2" to 3-1/2" in caliper and 10' to 12' in height along the
entire rear of the property line in a stip 50' in width and that
they would stagger these trees 30' pn center. A total of 35
trees would be transplanted from other lands that they own near
the mall. These trees would be tagged and at the convenience of
the Beautification Committee, they would like at them and give
their concurrance. Mr. VonDeak said they had good success in
11-
I 0"2-
-2-
transplanting and if the trees didn't survive, they would be re-
placed.
Mrs. Richardson wanted to know who many trees died that had
been transplanted and Mr. VonDeak said only one had died.
Mr. VonDeak said the Beautification Committee did vote on
this solution and passed it with some reservations. The same
proposal was to be presented to the Zoning Board and they could
either agree that it is satisfactory or amend it they saw necess-
ary.
"-
Robert Eddy, Chairman of the Beautification committee said
they had met on October 21 and came to the following conclusions:
It would appear that we have a instance of illegal procedure,
breach of contract and what many consider a lack of good faith.
A meeting held December 18, 1973 stated to retain all trees
on entire property where possible especially along Aviation Road
buffer zone and perimeter of property. The latter was modified on
August 13, 1975 with approval of the removal of trees in a tri-
angle from approximately 170' in on the roadway entrance on south-
erly direction to facilitate visibility in both entering and leav-
ing the Mall.
The Beautification Committee felt the only way they could
correct this situation is to have the Pyramid Company purchase a
minimum of 50' from the owners of the R-5 district and leave
that \'lOoded as perscribed in: the minutes of the Zoning Board of
Appeals held on December 19, 1973, on page 6 which reads in part,
Mr. Keenan said that trees would be retained at 50' which would
'--
be adequate screening. These would be 50' from the R 5 zone boun-
dary and wanted the Planning Board to consider this in their de-
liberations.
-3-
The power lines are right on the property line and there is
no natural buffer for the R-5 district. Mr. Eddy said it was a
breach of contract to have damaged the west bank and remove trees
without approval.
At a meeting October 21, 1976 the Beautification Committe
accepted as submitted the buffer zone to the R-5 district with
the stipulation that without pines, the ground be mulched with
5" of pine needles or bark mulch and the ground between the trees
be replaced should any of them not survive. These trees will be
from the naturalized triangle in the south- westerly corner of
the Pyramid Company. The committee also approved adequate fin-
ishing of the grade on the enbankment.
Mr. Eddy further stated that ten women from the League of
'----'
Woman Voters felt that the Town officials had not done their
duty and there was a breach of contract. They felt that George
Liapes should have done something about it. Mr. Brennan was
called in and a very strong telephone call and letter was received
from Mr. LaPann.
Mr. Eddy said Pyramid Company should have gone to someone
instead of just going ahead and starting to cut down the trees.
Mr. VonDeak said he knew they were in error by taking the
trees out, but that he took exception to the opening remark
where it was stated it was an illegal procedure, he didn't know
but said it certainly wasn't intentional. How and why it happ-
end, Mr. VonDeak said he didn't know only that it wasn't inten-
tional.
'-
Mrs. Richardson questioned the drainage situation and Mr.
Eddy said he didn't like to see an unnatural pond of water and
.8:#
/13
#-
10 if
-4-
-,--
questioned the safety of it. There is only water there if there
happens to be a ccumulated rainfall.
Fred Austin had made an inspection of the drainage system
and everything was approved.
Andy VonDeak said guard rails will be placed in parking
area at rear in front of detension basin and to the west and
East and around curve toward the north.
'--
Mrs. Richardson wanted to know what the plans were for the
old entrance. She wanted to know also if they were planning on
removing the old easterly entrance and Mr. VonDeak said the State
has reserved their opinion as to whether they will require another
middle entrance or not based on some final traffic analysis that
they are doing. The new entrance road is still being modified by
the Department of Transportation. The Department of Transportat-
ion is in touch with Pyramid Company every day still working out
the matter.
Mr. VonDeak said he would like to see just two entrances with
the existing easterly entrance eliminated.
Mr. VonDeak said the buffer zone would be corrected as soon
as possible.
Attorney Brennan said everything should be agreed to before
a Certificate of Occupancy is issued. If all the conditions were
not complied with at that time, a Certificate of Occupancy would
not be issued.
,---
Mr. VonDeak questioned the possibility of the frost still
being in the ground in March and was wondering about the plant-
ings, etc. Mr. Stewart said maybe something could be worked out
in the way of a bond.
-5-
Mr. VonDeak assured the Board that plantings will start
.....-.
immediately weather permitting.
On a motion by Mrs. Richardson, seconded by Charles Sicard:
RESOLVED that Pyramid Company keep the Queensbury Planning
Board informed as to the status of entrances as received from
the Department of Transportation and to table recommendations
of the Beautification Committee until next regular meeting of
. the Board.
0,,----
'-
/Or