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1973-12-19 ~3t.f Minutes of the public hearing of the Zoning Board of Appeals held .......... on December 19, 1973 at 7:30 P.M. There were Present: Jack Fitzgerald, Chairman Charles Hutton, Secretary Dick Sanderspree George Kurosaka ~ynl-wh being the members of the board. Mr. Fitzgerald asked for approval of the minutes of the November meet- ing. George Kurosaka was not at the last meeting that was held and the minutes were corrected. OLD BUSINESS: None NEW BUSINESS: Variance #335 Sperry Trucks, Inc., 233 Bay Street, Zoned R-4 (less than 50% enlargement) Mr. Fitzgerald disqualified himself and George Kurosaka took over the meeting. The Queensbury Town Board approved and the Warren County ~eturn- ed the application disapproved. Bob Vernon, General Manager of Sperry Trucks was present in place of Bob Barber who had to be in Plattsburgh. It was decided until the board can study in further detail to table the matter. Sperry would like to move the parts section and have the steel fabrication part of the business (enlarged 54 x 80'i. This would be no clas sification change. The first to appear in opposition to this was Mr. Emmett Tubbs who lives north of the garage and fabricating plant. Mr. Tubbs stated that ""_..... the fabrication plant, has been going 24 hours t and he has complained and Sperry informed them that they were behind schedule in their work and had to keep the business running. Mr. Tubbs brought up the question as -2- .;235 \'-- to why the electronic shop which had previously been in the building had moved out and the fabrication shop moved in without any notification. Mr. Robert Guyette of 250 Bay Road also appeared in opposition. He stated that Sperry has a trucking business and no one was notified of any changß in variance. There is noise, polution and speeding of Sperry Trucks. He said the speed limit on Bay Road is 35 MPH and the trucks go speeding uw Bay Road. Mr. Vernon (Sperry Trucks) remained non-committal. Daniel Havern of 231 Bay Road who lives next door to Sperry wanted to know exactly what was to be placed out in the back yard. Mr. Vernon said that General Electric needs specialized platforms and Sperry makes these and does special jobs in steel. He also said that the steel would be moved inside the building that is to be built so the men working could be warmed and the steel wouldn't be allover the back yard. They wuld like to enclose the whole area. Dr. Charles Eisenhart, who lives across the street, said he h~been very appreciative of the way Sperry has maintained the front of the build- ing. He was not opposed to the variance. Mr. Kurosaka - liOn the question of the cha~ng frOO1 the electronics to the steel fabrication. Mr. George Liapes is going to check with the~ building inspector. II This was tabled until the next meeting. Variance #336 - Walter Moeller, Jr. to place a garage 10' from street in lieu of the required 30' on the property situated at Summit Lane zoned R-3. \",/ Mr. Alstein, a neighbor of Mr. Moeller appeared. Mr. Moeller wants to erect a garage on his property but there was a question about the ease- ment. Mr. Alstein had no objections but wanted to know what an easement meant. Mr. Arthur Norton said that the highway superintendent has no ~3~ -3- objection. The Warren County Planning Board approved this ~pplication. '--- Mr. Fitzgerald - "I make a mot ion that this application be approved as the Warren County Planning Board has already approved and that: 1 - The Board finds this application would create a hardship if not approved. 2 - This is the least variance that can be given to accomplish this. 3 - The Highway Superintendent has approved this application and finds no problems as to the highway right of way. .~ Variance #337 Pyramid Structures Co., Inc. to allow construction on a combined C-3 and R-5 zone of a shopping center. Also application for a special permit #47 - Pyramid Structures Co., Inc. for a large Scale Planned Commerical Dvvelopment (Shopping Mall) on the property situated at Aviation Road. Attorney Robert Stewart was in attendance representing the Pyramid Company. Pyramid Companies would like to build a center to consist of parking facilities for 2100 cars and the mall is to be completely air- conditioned. The planning board has throughly gone over this. They have looked into the traffic problem and it is proposed to have an exit on Aviation Road with an acceleration and deacceleration lane. The Planning Board'Ment into this in great detail with Mr. Nick Sartelli of Rist, Frost Associates. This area is split into two separate zones - part being a C-3 zone and the remaining is in an R-5 residential zone. Those repre- senting Pyramid Companies in attendance were: Bruce Keenan, Jim McDonnelly, Dale Van Epps, Bob Lever and also Nick Sartelli of Rist, Frost A~sociates. Hr. Fitzgerald - "Does anyone here want to speak in favor of this Variance. II -4- d-.37 Steve Borgos, Professor at A.C.C. and also a resident of Queensbury '- thinks this mall would be fantastic. He said he thinks it would help our economy. William Andrews of Forrest Lane questioned the fact that this would bring business to our area. He thinks it would cause road problems. He stated the fact that cars are backed up now on Aviation and Quaker Road. He also stated it would cause a sewage problem and said "I am firmly oppos- ed to this mall. II Mrs. Rebecca Silverman, attorney for Queensbury Gardens wanted a letter to be read aloud from Mr. Rudnick, owner of Queensbury Gardens dated Dec- ember 18, 1973 addressed to C. Hutton, secretary of zoning board. The letter referred to the drainage and sewage problem that could arise due to meling snow, rain, storms, etc. which could cause damge to his pro- p erty. Mr. Robert LaPann, who owns property adjoining Mr. Rudnick's property also questioned the drainage and sewage problem and also the screening of trees on this property. He said there should be a proper screening bound- ary. Mr. Liapes said this would be referred to the Beautification Cðmmittee. " Attorney Robert Stewart then addressed himself to the board and stated that Mr. Andrews questions were difficult to answer in regard to the statement that he doubted if this would bring additional business to our area. He said that Glens Falls and Queensbury draws people from the north, east and west and should create a larger market. He said this would be a fashion oriented mall. '---- / Bruce Keenam of Pyramid Company spoke in regard to the drainage and sewage problem. He said that the proper catch basins and dry wells would '- .;¡3g -5- be built and that tests were taken in regard to how the ground would take the water and how long it would take to run into the ground. Roof water wculd run into 20 or more catch basins that would be built plus overflows to be constructed to take care of everything. George Kurosaka ~ liThe question of most concern is the ground water which would run off and on to Mr. Rudnick's property. II Mr. Sanderspree wanted to know who owned the land on which the mall is to be constructed and it belongs to Niagara Mohawk who would relocate their power lines. Mr. Kurosaka stated he knew that the water level was very low in this certain area. Mr. Andrews spoke up against the mall and wanted to know more about the sewage problems. Mr. Keenan said that this certain area had a 50 second percolation factor and septic tanks would have to be approved by the State Department of Health and all sanitary situations would have to be approved by them. Mr. Seymour Segan who owns two stores in the Northway Plaza stated that the existing plazas are obsolete in retailing today. He said a sur- very had been made saying that most Glens Fàls people are going to Saratoga and Colonie to shop because we don't have the proper facilities. This would also provide more tax support. James Carlow, Resident of Queensbury, wanted to know what assurance Pyramid Companies has concerning the traffic problem. Mr. Fitzgerald - "Mr. Arthur Norton, fran the Queensbury Planning Committee is present and I would like him to make a statement about the traffic situation. II Mr . Norton said he had asked for traffic studies from Ri st , Frost and from the State. He said the State was not too anxious to cormnitt themselves but that a traffic study from Ray Keys indication that two ;1.31 -6- traffic lights, one at each entrance should be used. Thes e would be ',,~ sycronized with the Route 9 traffic light. Traffic lights should handle everything very easily. Sycronized light s should keep the traffic flowing. Mr. Nick Sartelli from Rist, Frost, who is department manager of trans- portation, spoke and stated that Aviation Road is now a four lane high- way. At the entrances of the mall, there would be stacking lanes for 15 or 20 cars. This would allow traffic to get out of lanes into the proper lane. Acceleration and deacceleration lanes would be the answer to the mall iite. Mr. Norton said that the traffic lights would be paid for and maintained by Pyramid Companies. James Carlow - "Does this design meet with the winter problems. II Mr. Fitzgerald · "Are you allowing for snow plowing in all of the lanes? II Mr. Sartelli .:. "This is a problem of the Department of Public Works. II Mr. Norton said he talked with the highway superintendent about this and that the snow plows, plow the full width of the road plus the sidewalks on both sides of Aviation Road. They have always ke~this open. Sam Patterson, a resident of schoolhouse Road, was very much con- ~ cerned with the traffic problem. He said right now the traffic is terrible. He said he has about 10 different exits to watch when he comes out of Carlton Drive on to Aviation Road and has to sit there for quite awhile. He brought up the fact that in the winter, icy conditions are terrible on AviationRoad. He was assured by Mr. Sartelli that sycronized traffic lights would take care of the traffic to allow time to get out on to Aviation Road. Mr. Carlow wanted to know how the lights would function and Mr. Sar- telli said that Pyramid Mall would have to make application to the State "'- '-. 2. tfo -7- concerning the lights and how they would run. Mr. Stewart - liThe new Hudson Avenue Road should take some of the traffic that is presently going through Aviation Road away from there and go directly to downtown Glens Falls.1I Robert LaPann was concerned about the access to Quaker Hill Road. He said the entrance to this road should be further down the road so cars would not pile up at the intersection. Mr. LaPann said he had correspondence with attorney Stewart regarding certain matters and said he would like any solution to the problem. Arthur Norton directed a question to Mr. LaPann. Mr. Norton - IIWhat would your reaction be in regard to bringing Quaker Hill Road to one intersection with a traffic light control. Mr. LaPann .:. lilt might be desireable, as long as the entrance is ample enough to enter into safely. II Mr. LaPann wanted to know what the ordinance called for in regard to the proper screening. Mr. Keenam said that trees would be retained at 50' which would be adequate screening. Mr. Norton - "These would be 50' fram the R-5 zone boundary and wanted the planning board to con- sider this in their deliberation. II Mr. LaPann said that if they moved this zone downward and if existing trees are left this would be satis- factory to him. Mr. Fitzgerald (talking to Mr. Keenam of Pyramid Company) IIlf you would stipulate that 50' would separate Pyramid properties and LaPanns property, he would probably find it adequate. II Mrs. Silverman spoke and wanted to know who determines whether pyramid's plans are proper fori the drains. Mr. Kurosaka - "lf you would prefer to hire an engineer to go over these plans to see if they are cot'nect, you are most welcome to do SO.II """ -8- ~'fl Mr. Fitzgerald - "All we are doing is discussing the variance. All the "'''- types of buildings, drains, etc. is for someone else to decide. We have no way of studying that." Mrs. Silverman - "If you create a hazzard on land owned by someone else and caused trouble there may be a law suit involved. II Mr. Fitzgerald - IWe have no staff to back us up. We have no back up people, we are not trained for this so we have no way of talking about these facts. II Mr. Keenam spoke and said that the drainage plans are designed by an engineer and have to be stamped as certified. The build- ing inspector would also be involved in this. Mrs. Silverman wanted some guarantee for her client regarding the drainage. Mr. Norton, who is a licensed engineer, said he would check the figures concerning drainage. Mr. Patterson spoke again and said that he wanted to know what is the forecast of the traffic situation and Mr. Sartelli said that monies for the improvement of the bridge over Aviation Road on the Northway nad been granted. Mr. Patterson - IIIf they put a traffic light on Carlton Drive, I would be satisfied." Mr. William Widridge said he hmthe feeling that as long as the Queensbury Town Planning Board has already approved this application that he was sure the zoning board would also approve and he was very much in opposition. Mr. Fitzgerald told him he was out of order. Mr. Bill Andres wanted to know what type of stores could be expected in the mall and Mr. Keenam said there would be two large department stores but no discount stores. The s~òres would be a variety of mens, womens '-...- clothing with a mixture of merchandise. There would not be a Barkers department store. -9- ),,1;2. Sally Grossman spoke and said that p eop 1e from out of town are not going to come here to shop if the Energy Crises continues. Paul Curtis - resident of Moreau spoke and said every time he wants ~, to buy something he has to go to Saratoga to shop and would rather shop under one roof than to go to a lot of different stores in Glens Falls to get what he wants. Harold Seiple - Retail shoe store manager said that it is imperative that Glens Falls and Queensbury keep up with the times to get a covered mall into our area. It said he knew for a fact that charge accounts from Glens Falls are being used at the Pyramid Mall in Saratoga. The board adjourned to deliberate at 10:17 P.M. and caœback at 11:05 P.M. with the following: The Board: RESOLVED: "- Variance #337, Pyramid Structures, Inc. to allow construction of a shopping center on said premises in an R-5 zone the board finds: This is a reasonable use of the hand. Be resolved that this variance be approved provided that conditions set forth in approval of special permit #47 be applicable to this variance. Unanimous. Special Permit #47 - Pyramid Structures, Inc. for a large scale commercial development enclosed mall type shopping center. The board finds: 1 - The use in one specifically enumerated in the district. 2 - Such use will not be prejudicial to the character of the area provided that no surface water run off or drainage shall drain onto or create problems to adjacent' ..' properties. 3 - The board determines that there is appropriate provision for JiJ -10- access facilities adequate for the estimated traffic from pub- '-- 1ic streets and/or highways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion pro- vided recommendation and approvals of DOT, WC-DPW, Town of Queens- bury Engineers and Town of Queensbury Planning Board are obtained. 4 - That there are full adequate parking areas and off-street load- ing spaces, in conformity with the proposed parking require- ments of the zoning ordinance of the Town of Queensbury and al~'other related ordinances. 5 - That suitable planting or screening has been required as follows: As shall be approved by the Town of Queensbury Planning Board, Town of Queensbury Beautification commission. In order to pro- vide adequate screening of the commercial development from the abutting residential properties. 6 - That such use is of the same general character, as or will not be injurious to, the surrounding neighborhood or district. Unanimous approva 1. /~/~ Secretary ,~