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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