Village of Colonie VILLAGE HALL PLANNING COMMISSION 2 THUNDER ROAD COLONIE, NY 12205 ALBANY COUNTY (518) 869-7562 NEW YORK FAX (518) 464-0389 email: ahart@colonievillage.org MINUTES TUESDAY, MAY 5, 2020 6:30 P.M. VIA ZOOM VIDEO CONFERENCE The regularly scheduled meeting of the Village of Colonie Planning Commission was held on Tuesday, May 5, 2020. ROLL CALL: Chairman Chris Dennis Commissioners: John Martin Ann Krause (Absent) Peter Chudzinski Kenny Hart Dan Judge Jim Splonskowski Mark Keegan Village Attorney: Victor Caponera Village Engineer: R.J. Laberge Code Enforcement: Mike Cerone Chairman Dennis opened the meeting at 6:30 p.m. Commissioner Hart led the Pledge of Allegiance. The Commission reviewed the minutes from the April 7, 2020 meeting. Commissioner Hart made a motion to approve the minutes as amended. Commissioner Chudzinski seconded the motion. VOTE: Unanimous to approve April 7, 2020 minutes as amended. APPLICANT: 1892 CENTRAL AVE 1892 CENTRAL AVE LLC II (CHANGE OF OWNERSHIP) Mr. Charles Dumas, attorney for the applicant was present via Zoom teleconference to present a change of ownership for 1892 Central Ave. Mr. Dumas stated that his client has purchased the property which is just West of the Colonie Diner. Mr. Dumas clarified that the applicant name should be 1892 Central Ave LLC II, not 1892 Central Ave LLC as stated on the application. Mr. Dumas stated that the building has 14 tenant spaces that currently hold Price Chopper, Big Lots, Dollar General, and several smaller stores. There are a few vacant spaces that the applicant 1 VILLAGE OF COLONIE PLANNING COMMISSION MAY 5, 2020 is trying to fill. Mr. Dumas assured the Commission that any change to the site or change of occupancies will be brought to the Commission for approval. Mr. Dumas stated that there are no immediate plans to change the site only deferred maintenance at this time which will involve new roofing and parking lot maintenance. Mr. Dumas explained that there are tenants in common under the ownership of Faris Kahn which includes 1892 Central Ave LLC, 1892 Central Ave LLC II and 1892 Central Ave LLC III. Commissioner Judge asked if this site includes Mavis Tire. Mr. Dumas stated Mavis is not part of this parcel however there is a cross easement between the two properties. Commissioner Martin made a motion to approve the change of ownership for 1892 Central Ave LLC, 1892 Central Ave LLC II and 1892 Central Ave LLC III, located at 1892 Central Ave. Commissioner Hart seconded the motion. VOTE: Chris Dennis - Yes John Martin - Yes Peter Chudzinski - Yes Kenny Hart - Yes Dan Judge - Yes Jim Splonskowski - Yes Mark Keegan- Yes Motion passes, application approved. APPLICANT: 1526 CENTRAL AVE GREEN CATERING & MEAT MARKET (CHANGE OF OCCUPANCY) Mr. Zaigham Bokhari, owner and Keith Cramer, architect were present via Zoom teleconference to propose an application for a change of occupancy. Mr. Bokhari stated that this site was previously approved for a meat market a few tenants ago but did not open that business; instead his tenant was granted approved for a hookah shop that has since been shut down and vacated. Mr. Bokhari stated that he is not looking to open just the meat market but also include a small catering business. The business will be family run by his wife and daughter. The family currently occupies that apartment above the store. Chairman Dennis asked if there will be any changes to the site including the previously approve outdoor cooler. Mr. Bokhari stated that he will have two 6x6 coolers and they will be located inside the building. Commissioner Martin asked if the floor plan will change from the previously approved meat market floor plan. Mr. Bokhari stated that the was not sure; there will be coolers and a food prep station with an exhaust hood in the rear of the building. Code Enforcement Officer Mike Cerone stated that he has not seen any building plans yet so he cannot speak to the code requirements at this time. Commissioner Chudzinski asked if the fence issue was resolved with the neighbor in the back. Mr. Bokhari stated that the neighbor did not want the fence and therefore nothing was done. Commissioner Chudzinski stated that the site or floor plans were not stamped and a first floor plan Page 2 of 6 VILLAGE OF COLONIE PLANNING COMMISSION MAY 5, 2020 was not included in the package. Chairman Dennis asked that all plans be stamped and provided to the Coordinator. Mr. Cramer and Mr. Bokhari agreed. Commissioner Hart asked if there will be any butchering on site. Mr. Bokhari stated no, the product will arrive, and they will cut and clean based on orders. Commissioner Hart asked if there will be any live animals on site. Mr. Bokhari stated no. Commissioner Hart asked if there will be any other operation of the business other than storage. Mr. Bokhari stared only dry and butchered food will be stored on site. Commissioner Judge asked Mr. Bokhari to describe the catering business. Mr. Bokhari stated that the catering will be pick-up only, no deliveries will be made. All cooking and preparations will be made on site for call a head customers. Commissioner Judge asked if there will be a dumpster. Mr. Bokhari stated that the does not have a dumpster, but he does have large bins that are picked up by Waste Management 2-3 times per week as needed. Chairman Dennis stated at the last approval, a tree was to be planted in the front. Chairman Dennis asked if that has been done yet. Mr. Bokhari stated that the tree has not been planted, he was waiting for the Village to instruct him as to what type of tree was requested and where to put it. Mr. Bokhari stated that there is also a freestanding sign in the front yard, and he plans to change out the channel letters. Chairman Dennis asked Officer Cerone if there was any outstanding violations on the property. Officer Cerone stated the only violations were with the hookah shop and they have since been shut down and vacated the tenant space, therefore, there are no outstanding violations. Attorney Caponera stated that the applicant should consider how to handle the odor situation. Mr. Bokhari stated that if odor becomes an issues, he will address it immediately and will abide with any ordinances the Village has. Engineer Laberge asked if there are doors in the back of the building to store and access from the outside the garbage containers. Mr. Bokhari stated yes, he can place the bins inside the building until garbage night. Office Cerone stated that the noise ordinance is 11pm – 6 am and should be abided with for garbage collection and this type of business needs licensing with the Albany Count Dept. of Health. Chairman Dennis stated that the applicant needs to resubmit this information along with the stamped site and floor plans. Chairman Dennis asked that the narrative include waste management information and guidelines set by the Albany County Health Department. Engineer Laberge stated that the grease traps needs to be reviewed by the Department of Public Works and the requirements for grease traps are based upon the type of cooking to be performed. Mr. Bokhari stated that he will have fryers and proposed a 40 gallon grease trap in the basement, however it is not shown on the site or floor plans. Chairman Dennis asked the applicant to return with the aforementioned information before a decision can be rendered. APPLICANT: 1653 CENTRAL AVE GOLDSTEIN STORAGE (SITE PLAN REVIEW) Mr. Bill Mafrici and Dan Hershberg, both of Hershberg and Hershberg, Mr. Alan Goldstein, owner, Ms. Stephanie Goldstein, Mr. Anthony Maney, attorney, and Mr. Brett Kosac and Matt, Page 3 of 6 VILLAGE OF COLONIE PLANNING COMMISSION MAY 5, 2020 architects were present via Zoom teleconference to present updates to the ongoing proposed Goldstein Storage site plan application. Mr. Mafrici stated that this is the second submittal for this project and the site plan has been revised for increased circulation and access for emergency services. Mr. Mafrici stated that the applicant is proposing a subdivision of lands on the parcel that will require a public hearing under Village Code. Mr. Mafrici stated that he received Engineer Laberges comment letter dated April 14, 2020 and is in the process of addressing those comments. The changes will include the SWPPP, landscaping, grading, and lighting for the site. Mr. Mafrici stated that he will be submitting 2 subdivision plans and 2 site plan sets for the 2 proposed subdivided lots. Chairman Dennis asked Attorney Caponera to update the Commission on the parking situation on the current site at 1653 Central Ave. Attorney Caponera stated that the applicant was previously granted temporary permission by the Planning Commission to park inventory cars only on the lot. Said approval was granted on May 1, 2018 and expired 18 months later on November 1, 2019. Attorney Caponera stated that there is now over 100 cars parked on the site with cars parked nose out and with parking along the first row of parking spaces along Central Ave, both of which were not allowed in the original approval which sunset on November 1, 2019. Engineer Laberge stated that he spoke with Attorney Maney and the applicant is asking for an extension of the parking approval for 12 months or until a demolition or building permit are issued. Attorney Maney stated that an extension is exactly what his client is requesting, they are asking for 12 months but it will hopefully be sooner. Mr. Goldstein stated that with the COVID-19, cars are not selling, and the showrooms are closed. Mr. Goldstein stated that they are also taking the extra inventory from other Goldstein dealerships and explained that this is temporary due to the quantity of cars. Mr. Goldstein stated that he can change the directions of the parked cars. Commissioner Martin stated that he has no problems with the extension as long as the applicant adheres to the original conditions set in the May 1, 2018 approval. Chairman Dennis polled the Commission to see if they had any issues extending the sunset approval. The Commission unanimously did not have any problem extending the approval. Commissioner Martin made a motion to extend the approval for overflow parking only as outlined in the original 5/1/2018 approval that expired 11/1/2019 for one year or until a demolition or building permit are issued. Commissioner Hart seconded the motion. VOTE: Chris Dennis - Yes John Martin - Yes Peter Chudzinski - Yes Kenny Hart - Yes Dan Judge - Yes Jim Splonskowski - Yes Mark Keegan- Yes Motion is approved, extension granted. Engineer Laberge stated that this project is technically three applications: 2 site plans and 1 subdivision. Engineer Laberge explained that the applicant has addressed most of his initial review Page 4 of 6 VILLAGE OF COLONIE PLANNING COMMISSION MAY 5, 2020 letter however several approvals are still required; DOT work permit, stormwater, and the subdivision needs a public hearing. Engineer Laberge stated that the Commission has not seen or discussed the site plan, yet which will need to be reviewed before a public hearing is set. Engineer Laberge explained that there is one issue with zoning, the proximity does not meet the 25 foot setback in the rear property line and will need to be adjusted to avoid a variance. Mr. Mafrici stated that the final site and subdivision plans will reflect that, a parking space and dumpster space have been relocated to comply with the setback requirement. Chairman Dennis stated that the landscape review can be done at the site plan level and does not need to be completed for the subdivision process. Mr. Mafrici stated that Engineer Laberge’s comment letter dated 4/14/202 has been addressed and changed including the easements. Mr. Mafrici stated that the plans can be delivered by tomorrow for public hearing review with a response letter. Commissioner Martin asked what the setback of the proposed building is from Central Ave. Mr. Mafrici stated 52 feet from the curb line. Commissioner Martin asked for a visual rendering of the directly adjacent buildings to see how the proposed building will look in the neighborhood. Commissioner Martin stated that he felt the proposed building is too close to Central Ave for the size of the building in comparison with the adjacent properties. Mr. Mafrici stated that the building is set farther back than the two adjacent properties and is in full compliance with the Village Code. Mr. Mafrici added that this is detailed on the site plan page C-3. Commissioner Splonskowski stated that he felt the size of the building is overwhelming but understands it is within code. Commissioner Martin suggested that an architectural rendering would benefit the applicant when addressing the public hearing. Commissioner Martin made a motion to set a public hearing date for the subdivision of 1653 and 1671 Central Ave for May 19, 2020 at 6:30 pm. Commissioner Hart seconded the motion. VOTE: Chris Dennis - Yes John Martin - Yes Peter Chudzinski - Yes Kenny Hart - Yes Dan Judge - Yes Jim Splonskowski - Yes Mark Keegan- Yes Motion passed. DISCUSSION: The Commission discussed upcoming applications and potential agenda items. Coordinator Hart updated the Commission on public hearing requirements under the Governor’s executive order 202.1. Page 5 of 6 VILLAGE OF COLONIE PLANNING COMMISSION MAY 5, 2020 Commissioner Hart made a motion to adjourn the meeting. Commissioner Martin seconded the motion. VOTE: Unanimous to adjourn the meeting at 8:02 p.m. Respectfully Submitted, Alexandra M. Hart Planning Coordinator Village of Colonie Page 6 of 6