Planning & Zoning Commission

REGULAR MEETING OF THE PLANNING & ZONING COMMISSION MIDDLETOWN CONNECTICUT APRIL 11, 2018 1. Pledge of Allegiance Chairman Devoto called the meeting to order at 7:00 PM with the Pledge of Allegiance 2. Roll Taking Present: Commissioner Stephen Devoto Commissioner Nicholas Fazzino Commissioner Tyrell Brown Commissioner Elizabeth Emery Commissioner Molly Salafia Commissioner Joyce Rossiter (arrived at 7:10 PM) Commissioner Thom Pattavina (seated for Commissioner Pelletier) Commissioner Steven Kovach (seated for Commissioner Rossiter) Absent: Commissioner Richard Pelletier Commissioner Christopher Sugar Staff: Joseph Samolis, Director of PCD Public: 11 members of public Commissioner Rossiter arrived at 7:10 PM and Commissioner Kovach was unseated. 3. Items removed from the agenda and why None 4. Public comment on items on agenda which are not currently scheduled for a public hearing None 5. ZEO Certification that all public hearing signs have been properly noticed (when scheduled) Director Samolis indicated that all public hearing notices were posted properly. 6. Public Hearings (when scheduled) 1  1. Continued: Public hearing for a Zoning Code text change regarding Section 38 for the Newfield Street (NPC) Zoning Regulations. Applicant/agent City of Middletown PCD Dept. Z2018-4 (A copy of the proposed text change is available in the Town Clerk’s Office) Motion to waive the rules and let the public participate during discussions was moved by Commissioner Fazzino. Commissioner Emery seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Chairman Devoto stated that Commissioner Rossiter would now be seated instead of Commission Kovach. Director Samolis went over the details of the presentation that was discussed at the last meeting. The current NPC Zone is purely commercial oriented. There is very little in terms of cohesive design and layout for the commercial developments. Environmental and transportation constraints make it difficult for large Commercial Developments. He went over the details of traffic and development. Commercial Development which includes Retail, Recreation, Restaurants, Markets and Banks have a tendency to generate more traffic than other types of development. The NPC Zone is zoned for all these uses. The Commission was entertaining the idea of allowing for more of a Mixed Use Development approach within the Newfield Street Corridor known as the Newfield Center Zone. This would allow for the zone to remain commercial but encourage a mixed use approach in the use of parcels. The difference between the current zoning and the proposed zoning is that it would allow for residential development along with commercial development. Director Samolis went over the Benefits of Mixed Use which would improve local communities. Research shows that neighborhoods that have mixed uses, make walking safer and more convenient allowing for less traffic. He also explained what a Floating Zone is and the benefit it would be for the community. Chairman Devoto read the RiverCOG comments into the record. A lengthy discussion ensued between Staff, the Commission and the Public. From the public: Marco DiMauro who is also representing his father Dominic DiMauro stated that he owns a commercial business on Newfield Street and lives at corner of Mile Lane and Newfield Street. He understands what the Commission is trying to do. The Commission would have more say in what goes on Newfield Street and the public would be clearer on what is allowed. He understands that something has to be done and is in favor of this text amendment. Commissioner Pattavina moves to close the public hearing. Commissioner Fazzino seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Fazzino expressed favoring this zoning change but is not sure about the wording. He suggested tabling the item until the wording is cleaned up. Director Samolis explained that there are two versions of the amendment and asked Commissioner Salafia to explain the new wording for Section 38.02A.2 (Purpose) and 38.02A.4 (Establishment). Commissioner Kovach asked why this wasn’t brought up when the public hearing was open. Chairman Devoto agrees that if the amendment is changed, the public 2 should have a chance to speak. Commissioner Salafia explained the changes and stated that she had help with it from Commissioner Sugar. Director Samolis explained why the changes should stay and said that he would like to see the public hearing reopened. Commissioner Emery moves to reopen the public hearing for further discussion on the language of the text amendment. Commissioner Salafia seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Director Samolis explained that the Commission has the authority and should leave the language in. If the Commission wants to strike it out, they could but they still have the authority per state statute. Chairman Devoto stated that he would like to continue the public hearing. Commissioner Fazzino asked staff if it was possible to add a friendly amendment to have the title change and text changes so that they can vote on it tonight. Director Samolis said that they can vote to approve with changes if they choose. Commissioner Emery moves to close public hearing. Commissioner Fazzino seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Fazzino moves to approve a Zoning Code text change regarding Section 38 for the Newfield Street (NPC) Zoning Regulations with a friendly amendment for a title change for Section 38 to Newfield Street Corridor Zone and changes in the body of the amendment. Commissioner Emery seconds the motion. A brief discussion ensued. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 2. Request for a Special Exception with regard to Section 61.02.17 to change use from an Auto Repair to Auto Sales for new and used cars at 455 Middlefield Street and a request for a waiver for a site plan. Applicant/agent Royalty Transportation Services SE2018-2 Mike Abruz introduced himself as the applicant and is proposing a used car dealership at 455 Middlefield Street. Director Samolis stated that he is looking for a new and used car dealership and a request for a waiver for a site plan requirement. He gave a brief history on the property. It was previously approved as a Special Exception for a used car dealership but they never filed it with the land records. Chairman Devoto read the public works comments into the record stating that more information was needed such as: 1) how many vehicles they intend to display and the parking requirements: 2) the close proximity of the Coginchaug River and the possible contaminants that may be leaching into the river; 3) a list of current businesses with their addresses would be helpful in determining the address of the new business. Mr. Abruz explained that there was a hobby business on site that has cars and bikes and a towing facility in the same building. As far as the Coginchaug River, they are approximately 190 feet from the portion that he will rent. He would store about 5 cars on the lot and could fit a couple inside the building. Director Samolis explained to the applicant that like the staff comments said, without the appropriate plans of the site, it is hard to determine the parking requirements 3 From the Public:  Richard Sweet, owner of the property said that the previous business had a special exception in 1993 for a used car lot. He had a site plan which shows the property now and back in 1993. Historically this has been a lot for selling cars and hopes the Commission will approve it.  Robert Whitney of the Inland Wetlands and Watercourses Agency asked the Commission to look if the property is uphill from the river. If so, hi Agency would like to look at the site plan.  Max Baldwin, owns property across the street from applicant’s property. He has worked hard to bring the property up and improve the neighborhood. He stated that Mr. Sweet’s property is out of compliance. He would like to see the property up to building code and the cars taken out.  Chris Sonheim said the property is in dire need of care and thanks Mr. Baldwin with what he has done with his property. He has concerns regarding traffic as auto sales are quite different than auto repair. He also would like to see a site plan for this proposal.  Michael Awdziewicz of 437 Boston Road which is at the corner of Boston Road and George Street and said the traffic is very heavy there including Middlefield Street. He sees traffic going through signs, speeding and multiple accidents.  Zach Stewart, resident in the area agrees with the last two speakers.  Donald Pendigrass of George Street states that the traffic is a huge problem. He emphasized that there are a lot of pedestrians, walking their dogs, mothers pushing carriages, riding bikes, etc. He said there are multiple vehicles on the lot up to the road in various conditions. He also said there was trash and litter in the area.  Richard Sweet, owner of the property spoke again to say that this was a much cleaner business than the previous one that he had to throw out. Mr. Abruz said that most of the time he would be at the auction buying the vehicles and flipping them. The Commissioner had various questions from the owner and applicant. A two (2) minute recess was called to change the tapes. Meeting Resumed. Commissioner Pattavina moves to close the public hearing. Commissioner Emery seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Rossiter moves for approval for a Special Exception with regard to Section 61.02.17 to change use from an Auto Repair to Auto Sales for new and used cars at 455 Middlefield Street and a request for a waiver for a site plan. Commissioner Emery seconds the motion. A discussion ensued among the Commission. The chair calls for the vote. It is 0 aye votes and 7 nay votes by Commissioner Devoto, Commissioner Fazzino, Commissioner 4 Rossiter, Commissioner Salafia, Commissioner Emery, Commissioner Brown and Commissioner Pattavina. The Chair states the matter failed with 7 ‘nay” votes. 7. Old Business None 8. New Business 1. Request for a G.S 8-24 Review for the demolition of the existing arcade parking lot and construction of a new surface parking lot on 60 Dingwall Drive in rear of the Superior Court House. Applicant/agent City of Middletown PCD Dept. G.S. 8-24 2018-4 Commissioner Fazzino moves to grant a favorable G.S. 8-24 Review for the demolition of the existing arcade parking lot and construction of a new surface parking lot on 60 Dingwall Drive in rear of the Superior Court House. Commissioner Emery seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 9. Public comment on topics which are not or have not been the subject of a public hearing None 10. Minutes of the Regular Meeting, Transcripts, Staff Reports and Commission Affairs 10.1 Minutes of March 14, 2018 The minutes of 3/14/18 was tabled to the next meeting as there were not enough votes. 10.1 Minutes of March 28, 2018 The minutes of 3/28/18 was tabled to the next meeting as there were not enough votes. 10.3 River-Cog Report 11. Adjournment Meeting was adjourned at 9:35 PM Respectively submitted Joseph Samolis Director of Planning, Conservation and Development 5