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MINUTES
TUESDAY, MAY 15, 2018
6:30 P.M.
The regularly scheduled meeting of the Village of Colonie Planning Commission was held on
Tuesday, May 15, 2018
ROLL CALL: Chairman Chris Dennis
Commissioners: John Martin
Ann Krause
Mike Tommaney
Peter Chudzinski (Absent)
Kenny Hart
Dan Judge
Village Attorney: Victor Caponera
Village Engineer: R.J. Laberge (Absent)
Chairman Dennis opened the meeting at 6:30. Commissioner Hart led the Pledge of Allegiance
and asked that all phones and pagers be silenced. Chairman Dennis closed the regular meeting and
opened the public hearing for the subdivision special use permits for MARCACO, LLC located at
124 Lincoln Ave. Please see the attached stenographer minutes for the public hearing. The public
hearing was closed at 6:50 p.m. The regular meeting was reopened at 6:50 p.m.
APPLICANT: 3 WALKER WAY
CUSTOM BUILT
Mr. James Phillips came before the Commission to present a proposed change of tenant located at
3 Walker Way. Mr. Phillips stated that he is the General Manager of Custom Built, a company that
manufactures windows and doors out of Rhode Island since 1962. Mr. Phillips stated that there are
several locations and this location would be the second in New York. Mr. Phillips stated that the
location at 3 Walker Way would be office space for the clerical staff and warehouse for product
and installers. Commissioner Martin asked if there will be a showroom. Mr. Phillips stated that no,
there would not be a showroom.
Chairman Dennis asked where this building is located. Mr. Phillips stated that this building is the
single tenant building across from Joe Clark’s building at 4 Walker Way. Commissioner Martin
asked if the proposed tenant will take the entire space. Mr. Phillips stated yes. Commissioner
Martin asked how many employees would be working at this location. Mr. Phillips stated that there
will be about 15 sales employees who come in in the morning and leave to go on the job site; there
will also be a maximum of 6-8 clerical employees on site all day long. Commissioner Martin stated
Village of Colonie
PLANNING COMMISSION
ALBANY COUNTY
NEW YORK
VILLAGE HALL
2 THUNDER ROAD
COLONIE, NY 12205
(518) 869-7562
FAX (518) 464-0389
e-mail:
PLANNING COMMISISON May 15, 2018
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that on the application, it is shown as 4 employees per shift. Mr. Phillips stated that 4 employees
would be more realistic than 6-8 employees.
Attorney Caponera asked if there will be any meetings held at this location. Mr. Phillips stated that
there are staff meetings once a week. Chairman Dennis asked if there was a depressed ramp
location for tractor trailer deliveries. Mr. Phillips stated yes. Commissioner Martin asked if there
will be any deliveries. Mr. Phillips stated there will be deliveries once a week. Mr. Phillips stated
that all product is manufactured elsewhere and dispersed to the different locations. The product
gets delivered to the warehouse where it is then moved to the customer for installation. Chairman
Dennis asked how much space is warehouse and how much is office. Mr. Phillips stated that 1800
square feet is office and 1600 square feet is warehouse. Commissioner Martin asked if there will
be any outside storage or displays. Mr. Phillips stated no but there will be a sign on the building.
Commissioner Hart stated that there are 13 parking spaces not counting the two truck bays
according to the submitted site plan. Chairman Dennis stated that according to Village Code, 15
parking spaces are required. Chairman Dennis stated that he does not see an issue with the parking
on this site. Commissioner Martin stated that if the Commission counts the truck bays, there will
be enough parking on site. Commissioner Judge asked if the Karner Road facility will be closing
in place of the Walker Way location. Mr. Phillip stated yes, the Karner Road location will be
closing.
Commissioner Martin made a motion to approve Custom Built located at 3 Walker Way.
Commissioner Tommaney seconded the motion.
VOTE: Unanimous to approve this application as presented.
APPLICANT 20 WOLF ROAD
SPIRIT OF HALLOWEEN
Mr. Mike Dykas from Spirit of Halloween came before the Commission to propose a tenant change
application at 20 Wolf Rd. Mr. Dykas stated that he is new to this territory however the Spirit of
Halloween has occupied this space for several years. Mr. Dykas stated that the space is currently
occupied by Educational Vistas but Spirit of Halloween has a lease starting August 1, 2018. There
was some discussion regarding the Educational Vistas current occupancy of the site. However, Mr.
Dykas stated that there is a letter from the owner, Mr. Brotter accepting the tenant. Commissioner
Hart asked if there will be anything different from the prior years. Mr. Dykas stated everything
will be the same, aside from new inventory. The set up will be the same. The Commission
discussed the parking estimates on the tenant parking sheet. Mr. Dykas stated that the last two
weeks of the season are the busiest and he does not think that parking will be an issue. There are
50 overflow parking spaces that extend into the Men’s Warehouse parking area if extra spaces are
needed. Commissioner Martin stated that in the 5-6 years this store has been in this location,
parking has not been an issue.
Commissioner Martin made a motion to approve Spirit of Halloween located at 20 Wolf Road for
the duration of August 1, 2018 November 16, 2018. Commissioner Hart seconded the motion.
VOTE: Unanimous to approve this application as presented.
PLANNING COMMISISON May 15, 2018
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APPLICANT: 10 WOOLARD AVE
HITCH’S DETAILING
Mr. John Hitchcock came before the Commission to propose a home occupation application. Mr.
Hitchcock told the Commission that he currently operates his business of auto detailing and paint
correction out of his garage of 10 Woolard Ave. Mr. Hitchcock stated that he only does minor
paint correction and body work. Commissioner Hart asked if there is a paint booth. Mr. Hitchcock
stated no. Commissioner Martin asked if there is a drain in the garage. Mr. Hitchcock stated that
no, and he was not allowed to install one when the garage was being built. Commissioner Martin
asked where he washes the vehicles. Mr. Hitchcock stated that the vehicles are washed in the
driveway. Mr. Hitchcock explained his process of washing the vehicles; he rinses, foams, and then
rinses for minimal water runoff. The water is then dumped onto his lawn. Mr. Hitchcock stated
that he uses non-toxic soap.
Chairman Dennis asked Attorney Caponera if this is to be considered a home occupation
application. Attorney Caponera stated that this residence is in the Residential A Zone under the
Village of Colonie Zoning Code. Under the Village Code section 242- 5 H, it is an allowed use for
1-2 family dwellings; there are however, many items for consideration. A special use permit would
be required. Attorney Caponera read the requirements for a home occupation under Village Code
section 242-5H (Ia-Ip) titled “Home Occupation.” Mr. Hitchcock stated that the property is about
300 feet back from Central Ave and the zoning designation line is beyond the driveway are used
for this business. Mr. Hitchcock stated that he also owns 8 Woolard Ave. 10 Woolard is a double
lot. Code Enforcement Officer Randy Rivera stated that he measured the zoning setback line with
DPW Superintendent Les Decker and determined that the house is actually 400 feet back from
Central Ave and the garage is in the Commercial A zone, making the majority of this property in
the Commercial A zone and a small portion in Residential A. Attorney Caponera stated that the
parcel is a pre-existing non-conforming because it is a two family dwelling, but does not have the
proper sized lot under the Village Code.
After determining that the parcel is in a split zone and the house and garage, where the work is to
be done is in the Commercial A zone, Attorney Caponera stated that a site plan application will
have to be done in order to review whether this is an allowed use. Attorney Caponera explained to
the Commission that he has actually argued a case very similar to this one, regarding a home
occupation application where the parcel in question fell in two zoning districts and the home
occupation was within the Commercial A zone. Attorney Caponera will discuss the site plan
application with Engineer Laberge.
Chairman Dennis asked where the vehicles are stored before and after they are serviced. Mr.
Hitchcock stated that the cars waiting will be stored on the crusher run pad in front of 10 Woolard.
Commissioner Martin asked how many customers he expects. Mr. Hitchcock stated that he usually
gets about 3-4 customers per week and they are by appointment only. Mr. Hitchcock clarified that
this is a side business and something he enjoys doing in his free time. Commissioner Martin asked
the applicant if he rents out 10 Woolard Ave. Mr. Hitchcock stated yes and that he and his family
live next door at 8 Woolard. Mr. Hitchcock stated that he jockeys cars back and forth from his
driveway at 8 Woolard to 10 Woolard. Mr. Hitchcock stated that his renters park on street, as they
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always have. Commissioner Martin asked the applicant what happens in the winter time when
there is a snow emergency. Mr. Hitchcock stated that the tenants park on the street and that there
have never been any issues. Chairman Dennis stated that the Village Code states that two (2)
parking spaces are required per living unit. Mr. Hitchcock stated that he has never had any issues.
Chairman Dennis asked if the tenants can park on the pad. Mr. Hitchcock stated yes. He also stated
that his family at 8 Woolard has a parking pad that they use. The pad fits two cars and there are
two cars per unit. Commissioner Martin suggested that with the additional space on the properties,
couldn’t an additional pad be constructed to eliminate any street parking and facilitate the
application? Commissioner Hart asked what the name of this business is. Mr. Hitchcock stated it
is called Hitch’s Detailing which is a D/B/A that he started last year.
Attorney Caponera suggested that the Commission table this application pending Village Engineer
review for code compliance. Chairman Dennis asked if there is a residence in the back. Mr.
Hitchcock stated yes there is. Chairman Dennis asked if the 25 foot buffer applies. Attorney
Caponera stated that this property meets the buffer requirement on the right side only.
The Commission unanimously agreed to table the application pending Engineer review. Chairman
Dennis suggested to the applicant that he consider bringing pictures of the site and bringing
engineered site plans to the next meeting. Mr. Hitchcock thanked the Commission.
Commissioner Hart made a motion to adjourn the meeting. Commissioner Krause seconded the
motion.
VOTE: Unanimous to adjourn the meeting at 8:00 p.m.
Respectfully Submitted,
Alexandra M. Hart
Planning Coordinator
Village of Colonie