VILLAGE HALL Village of Colonie 2 THUNDER ROAD PLANNING COMMISSION COLONIE, NY 12205 ALBANY COUNTY (518) 869-7562 NEW YORK FAX (518) 464-0389 email: ahart@colonievillage.org MINUTES TUESDAY, APRIL 6, 2021 6:30 P.M. The regularly scheduled meeting of the Village of Colonie Planning Commission was held at Village Hall, 2 Thunder Road Albany NY 12205 on Tuesday, April 6,2021. ROLL CALL: Chairman Chris Dennis Commissioners: John Martin Peter Chudzinski (Absent) Kenny Hart Dan Judge Jim Splonskowski (Absent) Mark Keegan Village Attorney: Victor Caponera Village Engineer: R.J. Laberge Code Enforcement: Steve Meservey Chairman Dennis opened the meeting at 6:30 p.m. Commissioner Hart led the Pledge of Allegiance. Chairman Dennis closed the regular meeting at 6:30 p.m. and opened the public hearing at 6:31 p.m. Chairman Dennis re-opened the regular meeting at 6:33 p.m. The Commission reviewed the regular meeting minutes from March 2, 2021. Commissioner Martin made a motion to approve the minutes as amended. Commissioner Hart seconded the motion. VOTE: Unanimous to approve the March 2, 2021 meeting minutes as amended. APPLICANT: 10 ALDERSHOOT RD ROBERT RANKIN (SPECIAL PERMIT – HOME OCCUPATION) The Commission members did not have any further comment on this application. Commissioner Martin made a motion to approve Robert Rankin at 10 Aldershoot Road for a special permit, home occupation. Commissioner Hart seconded the motion. VOTE: Unanimous to approve this application as submitted. VILLAGE OF COLONIE APRIL 6, 2021 PLANNING COMMISSION APPLICANT: 16 PETRA LANE CALIFORNIA CLOSETS (SITE PLAN APPROVAL) Mr. Richard Hoffman from Hoffman and Reilly and Mr. Sean Rafferty, owner presented an updated site plan for the building expansion proposed at 16 Petra Lane. Mr. Hoffman stated that the applicant proposes to add 2,100 square feet of production facility to their existing warehouse. Mr. Hoffman explained that two variances were granted by the Zoning Board of Appeals: one for parking and one for the setback. Mr. Hoffman added that the existing contour indicated the slight modification for drainage purposes. The landscaping plan has been provided and reflects what was originally approved. Commissioner Martin made a motion to approve the site plan for California Closets at 16 Petra Lane. Commissioner Hart seconded the motion. VOTE: Unanimous to approve the application as presented. APPLICANT: 10 JUPITER LANE STONE MANAGEMENT LLC (CHANGE OF OCCUPANCY) Mr. Bob Manning from Duravent and Mr. Heif of Stone Management presented an application for a change of occupancy at 10 Jupiter Lane. Mr. Manning stated that Stone Management is subleasing 18,000 square feet of warehouse space from Duravent and will be storing various materials. Mr. Heif stated that Stone Management is currently in month to month lease with an agreement to stay until June 2021. Commissioner Martin asked if there are any other tenants in the building besides Duravent and Stone Management. Mr. Manning stated no. Commissioner Martin stated that the tenant parking requirement is incomplete and should include both Duravent and Stone Management parking requirements for the site. Chairman Dennis asked how many parking spaces are required by Duravent. Mr. Manning stated that the employee role is currently at 20 and about half are currently still working remotely. Stone Management is proposing 2 employees. Commissioner Hart asked if New York State has vacated the warehouse space. Mr. Manning stated yes. Commissioner Hart asked if Stone Management is already operating out of this location. Mr. Manning stated yes. Commissioner Hart stated that this is the second time in recent months that this site has had a tenant in place prior to presenting a change of occupancy application requesting proper approvals and permits. Attorney Caponera advised Mr. Manning to communicate the legal approval process to the owners for future tenants. Commissioner Martin noted that the application states that the tenant will occupy 54,000 square feet but Mr. Heif just stated only 18,000 square feet is occupied. Commissioner Martin asked how much space the tenant will occupying. Mr. Manning stated that Stone Management can occupy up to 54,000 sq. ft. Mr. Heif explained that the lease agreement states that Stone Page 2 of 8 VILLAGE OF COLONIE APRIL 6, 2021 PLANNING COMMISSION Management will pay for what is used, and currently that is only 18,000 sq. ft. Depending on contracts and what is stored drives the required warehouse space. Commissioner Martin asked what the size of the building is. Mr. Manning stated 138,000 square feet. Chairman Dennis asked that the various stored materials are as indicated in the applicant’s narrative. Mr. Heif stated that they are currently storing solar panels, but storage can include a wide range of various non-hazmat materials such as Pepsi Cola, mopeds, and toilets, essentially any goods that they can contract with that requires temporary storage. Chairman Dennis asked Mr. Heif what this business is exactly. Mr. Heif explained that Stone Management subcontracts with larger companies who are looking for extra warehouse storage space for their products. Stone Management provides the overflow space and logistics and will distribute the product when necessary. Commissioner Martin asked what is being stored in the building currently. Mr. Heif stated that there are about 850 solar panels that will be stored until they are ready to ship. Mr. Heif explained that the products and required space is all dependent on the contracts obtained. Commissioner Martin asked if there is any outside storage. Mr. Manning stated no. Commissioner Martin made a motion to approve Stone Management LLC at 10 Jupiter Lane for a change of occupancy with the condition that any future changes of occupancy come to the Planning Commission for approval and all future applications depict the entire site for parking requirements. Commissioner Hart seconded the motion. VOTE: Unanimous to approve the application as conditioned. APPLICANT: 1692 CENTRAL AVE AUDAT PROPERTIES LLC (SITE PLAN) Ms. Anna Kupriyeva, property owner presented a site plan application to propose a residential apartment at her commercial building at 1692 Central Ave. Ms. Kupriyeva stated that the vacancy rate has increased over the past year due to the pandemic and she is trying to fill the vacant space with residential tenants. Chairman Dennis stated that mixed use is allowed within the Commercial A zoning district, however a calculation will need to be done on the number of proposed units based on the site acreage. Engineer Laberge stated that the application proposes a 350 square foot apartment. The Village Code requires a minimum size requirement of 600 square feet. Engineer Laberge advised that the Commission cannot approve this application and it would require a variance from the Zoning Board of Appeals. Engineer Laberge explained to the applicant that Village Code allows 5 units per acre of land and explained that this parcel is just under half a acre which would allow two apartments. However, the residential use cannot impede on the commercial use parking requirements on the site. Ms. Kupriyeva stated that she is also looking into another apartment that would be 800 square feet. Engineer Laberge stated that the 800 square foot apartment would be ok, but the Commission cannot act on that until a separate application is submitted. Page 3 of 8 VILLAGE OF COLONIE APRIL 6, 2021 PLANNING COMMISSION Commissioner Martin asked for clarification on the narrative where is describes parties. Ms. Kupriyeva stated that no parties or loud noise will be allowed. Commissioner Martin asked if Ms. Kupriyeva plans to rent the apartments out on Air BnB. Ms. Kupriyeva states she has no plans to do so. Commissioner Martin denied the application. Commissions Hart seconded the motion. VOTE: Unanimous to deny the application as presented. APPLICANT: 1757 CENTRAL AVE Mr. Ron Sloan from Hoffman Development and Ms. Allie Nicastro from JDRF (Juvenile Diabetes Research Foundation) presented a change of occupancy application at 1757 Central Ave. Mr. Sloan stated that Hoffman staff vacated the office space in November or December 2020 and entered into a charity lease with JDRF. JDRF will occupy two offices. Ms. Nicastro stated that JDRF is a non-profit organization. Chairman Dennis stated that he and Engineer Laberge have met with Hoffman’s to review a new site plan. The current site has land paved beyond the commercial A zone and is overlapping into the residential A zone. The property owner has discussed putting in an application to re-zone a portion of the residential property, however that will have to be approved by the Mayor and the Board of Trustees. Chairman Dennis asked if the Commission could move forward with the proposed tenant on a site that is out of compliance. Engineer Laberge stated that this is a charity lease and therefore the property owner is not monetizing this lease. It is his opinion that the Commission has no problem acting on the change of occupancy application. Attorney Caponera agreed with Engineer Laberge and added that the previous tenant had 30 employees utilizing the office space and JDRF proposed two employees, which is a fraction of the previous use. Attorney Caponera stated that the property owner understands the over flow issue and intents to submit an application to resolve it. Commissioner Martin stated that about two years ago Hoffman’s submitted an application for automatic payment stations for the car wash and were then notified that their site plan was out of compliance. The property remains out of compliance. Commissioner Martin expressed his agreement with the proposed tenant, however, does not believe the use should be entertained until the site is brought into compliance. Chairman Dennis polled the Commission regarding consideration of this applicant prior to bring the site into compliance. Voting: Chris Dennis Yes John Martin No Kenny Hart Yes Dan Judge Yes Mark Keegan Yes Page 4 of 8 VILLAGE OF COLONIE APRIL 6, 2021 PLANNING COMMISSION Commissioner Hart made a motion to approve JDRF for a change of occupancy at 1757 Central Ave with the stipulation that this approval in no way condones or approves the site plan layout as submitted depicting an overlap of the commercial A zone into residential A. Commissioner Keegan seconded the motion. VOTE: Unanimous to approve the application. APPLICANT: 1440 CENTRAL AVE BJ’S WHOLESALE (EXTERIOR FAÇADE CHANGE) Mr. Bryan Wondoloski from Casco Corp presented a change in the exterior elevations at BJ’s Wholesale located at 1440 Central Ave. Mr. Wondoloski stated that BJ’s is currently undergoing a major interior renovation at this site and is proposing to update the existing exterior façade. Chairman Dennis asked if the footprint of the building is changing. Mr. Wondoloski stated no, the goal was to keep the existing foot print but add a little height to the top of the building. Mr. Wondoloski is proposing a vertical increase in height from 26 feet to 29 feet. Mr. Wondoloski explained that the façade will be concrete block with stained metal, new entrance and exit doors, and will have false windows for esthetic. Commissioner Martin asked if there will be any changes to the lighting. Mr. Wondoloski stated that there will be no changes to the lighting other than a few spotlights placed on the building. Commissioner Martin stated that the garbage pick-up times were omitted on the application and asked what the pick-up times were. Mr. Wondoloski stated that pick-up times are currently within the hours of 7 am – 7 pm and will remain there. Engineer Laberge asked if the bollards in front of the building are going to be relocated. Mr. Wondoloski stated no. Engineer Laberge stated that based on the rendition presented that the drive space appeared to be less than that required. Engineer Laberge reminded the applicant that the drive aisle needs to be a minimum of 24 feet and asked that if the bollards are moved that the applicant returns with an updated site plan. Mr. Wondoloski stated he would check and confirm the spacing Commissioner Martin made a motion to approve BJ’s Wholesale Club at 1440 Central Ave for an exterior façade change. Commissioner Hart seconded the motion. VOTE: Unanimous to approve the application as submitted. APPLICANT: 1560 CENTRAL AVE STEWART’S SHOPS (SITE PLAN) Mr. Chris Potter from Stewart’s presented an updated site plan application. Mr. Potter stated that the site plan includes comments addressed in Engineer Laberge’s February 2021 comment litter. The comments included the suggestion of decreasing the number of gas pump from four to three, angling the pumps for better access and traffic flow and increasing landscaping/greenspace. Mr. Page 5 of 8 VILLAGE OF COLONIE APRIL 6, 2021 PLANNING COMMISSION Potter explained that the gas canopy was moved to accommodate a 24 foot drive aisle around Lincoln Ave. Two parking spaces will be lost due to the elimination of one gas dispenser. The Lincoln Ave entrance was reduced from 35 feet to 33 feet, which is the smallest drive allowed for the fuel trucks to enter the site. Mr. Potter stated that Stewart’s will need to get NYS DOT approval to add a mountable curb on the North side of the site as it deviates from the standard curbing. Mr. Potter stated that the building was shifted to conform with the Village’s setback requirements and a swalewas added to the drainage for run off collection. Mr. Potter stated that he received Engineer Laberge’s most recent comment letter dated March 24, 2021 and will make the changes for the next meeting. Chairman Dennis stated that on the site plan, the landscaping indicated 4 contours however, there were no numbers indicated on the site plan. Mr. Potter stated that that was one of Engineer Laberge’s comment letter and that will be fixed for the next submittal. Commissioner Martin asked if there will be landscaping around the bio-retention pond. Mr. Potter stated that the landscaping for the retention will be included in the next submittal. Commissioner Martin suggested plantings around the stormwater basin and provided Mr. Potter with suggested planting as issued by NYS and the Nature Conservancy. . Engineer Laberge reviewed his comment letter dated March 24, 2021 which included the following comments: - Fence can only be 4 feet in height due to front yard placement - Stormwater/SWPPP updates - Angled gas canopy and decrease number of pumps - Landscaping - Sidewalk connection per Albany County Planning Board recommendations - Public hearing is required for the fuel pumps and if the Commission is pleased with the site plan, the hearing can be set Chairman Dennis asked if the delivery trucks driving over the curbing is standard practice. Mr. Potter stated yes, just the fuel tankers will drive over the curb, all other delivery trucks will be able to maneuver the turn. Mr. Potter stated that the mountable concrete curb is 6 inches high and the whole surface is concrete. Commissioner Martin stated that he believes the traffic flow pattern could cause potential concerns in the parallel parking spots. Chairman Dennis asked how Stewart’s parking count is derived, for a total of 30 parking spots. Mr. Potter stated that the count is based upon other stores and is also the standard parking requirement. Commissioner Martin asked if there will be inground sprinklers for the landscaped areas. Mr. Potter stated yes, and they are not included on the utility plan. Mr. Potter explained that there will be an irrigation sleave near the building greenspace and a sleave under each driveway. Chairman Dennis stated that he would like to see some plantings and shrubs that holds leaves in the winter months like a rhododendron. Commissioner Martin reviewed the lighting plan and stated that the lighting plan that there is adequate lighting under the gas pumps. However, he stated that although the plan shows there is minimal light outside of the property line he has some concerns with the brightness at night, as the store will be open until midnight. Mr. Potter Page 6 of 8 VILLAGE OF COLONIE APRIL 6, 2021 PLANNING COMMISSION stated that the proposed lighting is consistent with the surrounding stores and stated lights on the canopy are down facing. There will be a total of 6 pole lights on site. Commissioner Judged asked about a delivery door shown on the site plan. Mr. Potter stated that Stewart’s has added a delivery door to the new buildings for storage. Commissioner Judge asked if there will be any back-up generators. Mr. Potter stated that there will be no back-up generator on site, if a need for one occurs, one will be delivered for temporary use. Commissioner Judge asked where the bike rack will be placed. Mr. Potter stated that there will be a bike rack on the side of the building facing Lincoln Ave, there will also be an air compressor machine. The Commission set the public hearing for the special permit for May 4, 2021 at 6:30 p.m. APPLICANT: 1814 CENTRAL AVE FRESH INDIA MARKET (SITE PLAN) Mr. Steve Vukas from Bohler Engineering and Mr. Pablo Medeiros from Heidenberg Properties presented a site plan application for 1814 Central Ave, the former Office Max location. Mr. Vukas stated that the site plan application is for Fresh India Market, a grocery store, which is allowable within the Commercial A zone. The applicant proposed to add an additional 5,800 square feet onto the building and will have delivery access all around the building. All deliveries will be made during store hours and will have one tractor trailer delivery per day and about 40 box truck deliveries per week. Mr. Vukas added that the rest of the mall will be unchanged. The Fresh Market will have no food prep or cooking on premises and the once proposed grease traps have been removed. Mr. Vukas stated that the residential buffer along Fermac Street will have a thick landscaping buffer and will have addition trees to mature at about 40 – 50 feet in height. The Central Ave side of the site will have a white stockade fence and 20 foot arborvitaes, at matured height. Mr. Vukas explained that the site parking lot has been reduced from 772 parking spaces to 756 to accommodate for some landscaping islands. Parking for Trustco Bank employees have been designated to the closest feasible parking spaces on site. There will be three cart corals to be proposed at a later date. Engineer Laberge reviewed his comment letter dated March 26, 2021. Engineer Laberge stated that Chief Kayser reviewed the plans and noticed that the rear back left corner had a drive aisle of only 20.6 feet. Engineer Laberge stated that the curbing should be moved back or removed to accommodate for the 24 foot drive aisle requirement. Engineer Laberge stated that the second loading dock on the right corner of the building is in a poor location and will bottleneck everything. Mr. Vukas stated that the tenant will have primarily van deliveries which have a delivery off load time of approximately 20 minutes. Mr. Vukas added that there will be designated spaces for delivery vans. Commissioner Martin asked about the truck turning radius. Mr. Vukas stated that the truck delivery access will be one way only. Commissioner Martin asked if there will be dumpsters. Mr. Vukas stated that the tenant will use the compactor as well as a designated dumpster. Commissioner Martin expressed concerns over Page 7 of 8 VILLAGE OF COLONIE APRIL 6, 2021 PLANNING COMMISSION the disposal of perishable waste and for the potential rodents and scavengers getting into the dumpsters and requested the applicant provide a solution for this potential problem. Commissioner Martin reviewed the landscaping plan and suggested a different type of tree with a smaller root system, as the proposed trees for the parking lot islands will grow large and root up the pavement. Commissioner Martin suggested Pin Oaks be used. Mr. Medeiros agreed and stated they used those trees in other mall parking lots. Chairman Dennis also suggested skipping every other row of parking and double the width of the landscaping island. The current proposed shows a total of five islands that are only one parking spaces wide. Chairman Dennis stated that parking lot will still reduce the same number of parking spaces but will increase the size of the islands. Mr. Medeiros presented the elevations and explained that the front will be bumped out with a covered walkway and it will be split face block. Chairman Dennis requested that the elevations be presented in color in the next submittal. Chairman Dennis suggested removing the ornamental piece on the side of the building facing Central Ave and replace with the same decorative split face from the front of the building. Commissioner Hart asked if there were any rooftop units to be added. Mr. Vukas stated no. Commissioner Judge asked if the tenant is proposing to host any bus trips at this location. Mr. Medeiros stated no and things of that nature would go against the lease agreement with the landlord. Commissioner Judge asked if there are any Fresh India Markets in the area. Mr. Vukas stated that this location will be the first in New York State and bring the franchise to a total of four locations. Currently, they operate in Connecticut and Massachusetts. Commissioner Hart asked if there will be any further lighting proposed on the rear of the building. Mr. Vukas stated no, the existing lighting will remain, and no building lights will be added. DISCUSSION: The Commission discussed upcoming agenda items. Commissioner Hart made a motion to adjourn the meeting. Commissioner Martin seconded the motion. VOTE: Unanimous to adjourn the meeting at 8:30 p.m. Respectfully Submitted, Alexandra M. Hart Planning Coordinator Village of Colonie Page 8 of 8