Planning & Zoning Commission

REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION MIDDLETOWN CONNECTICUT JULY 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 Richard Pelletier Commissioner Molly Salafia Commissioner Elizabeth Emery Commissioner Steven Kovach (seated for Commissioner Brown) Commissioner Thom Pattavina (seated for Commissioner Rossiter) Commissioner Christopher Sugar (seated for Commissioner Fazzino) Absent: Commissioner Nicholas Fazzino Commissioner Joyce Rossiter Commissioner Tyrell Brown Staff: Joseph Samolis, Director of Planning, Conservation and Development Public: 34 Members of public 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 stated that all public hearing signs have been property noticed. 6. Public Hearings (when scheduled) 1) Continued: Proposed fourteen (14) lot subdivision at Ridgewood Road and Mile Lane. Applicant/agent Sunwood Development Corp./Joan C. Molloy, Esq. S2018-1 1 Bob Weiderman Jr. owner and principal of the property spoke on behalf of the application. The property sits on the corner of Ridgewood Road and Mile Lane also known as the Guiheen property. It is a total of about 56 acres. He gave a detailed description on the property and what they are proposing. From the Public:  Joe Passanisi of 1006 Ridgewood Road stated he is against any more building on Ridgewood Road. The conservation at that property is amazing. What the Commission is allowing at the Westfield side of Middletown is not good.  Ms. Freimeth from Ridgewood Road distributed pictures to the Commission. She purchased her home because of the wide open space. She is amazed at the wildlife and habitat in the area. She read letters from the neighbors who could not attend tonight and who are concerned about the open space, wildlife, bald eagles, traffic and pollution.  Shawn Guiheen questioned where the runoff from these houses would go. He would like to save the farms and not build anymore houses in the area.  Ann Zagryn of 826 Ridgewood Road moved here in 2010 and bought her house because of the open space and the habitat is important to her.  Sean Rackwell of 50 (?) Lane said to the developer that as of today, there were 174 single family homes for sale in Middletown, plus 23 new construction homes for sale in Middletown and doesn’t see the need for more and it is bad for the neighborhood.  Esmerelda Passanisi of 1006 Ridgewood Road is concerned about the traffic and speeders and all the protected species in the area.  Diane Smith of 10 Blacksmith Drive is concerned about what will happen to the wildlife. She is not impressed with the building enforcement in Middletown.  Jeffrey Tomasino fell in love with the area and is opposed to the proposal.  Steven LeClair lives kiddie corner to this property and is concerned for the wildlife, bald eagles, red tail hawks and traffic patterns. It seems to go against all the values of Middletown.  Kathy Hubble of 714 Ridgewood Road is not happy to see these houses coming in the area. Loves the woodsy area.  Marie Coughlin of 45 Sonoma Lane supports Mr. Weiderman’s project. He is a good developer and will work with the community.  Jennifer Maher said that this is one of the last remaining more rural, less congested, more farm-like areas in the Westfield part of town. 2   Kristen Maturo of 50 Lisa Lane looked all over the state and decided to put roots in Middletown.  Mark Gustafson of 609 Ridgewood Road agrees with the previous speakers and does not want to lose the character of the area. He asked if this is just Phase 1 and is Phase 2 and 3 to follow.  Angela Degumeia (inaudible). Kids are drag-racing on Mile Lane and one of them hit the backside of a house and she is concerned about more crime in area.  Joy O’Malley of 23 Ten Acre Road is concerned about more population in schools, wildlife and it’s just enough.  Heidi (?) of Congdon Street agrees about the traffic concerns.  Donna Karan of 159 Birchwood Drive is in agreement with all the other speakers. Mr. Weiderman of Sunwood Development stated that he appreciates the comments from the neighborhood and really takes them to heart. There is about 20 acres of wetlands on the property that will be maintained and preserved for the wildlife. There is also 6 acres of upland that will also be protected. They did do a wildlife survey on the property and did not uncover any endangered species of wildlife. He realizes that there is already an ongoing problem with traffic and the amount of additional traffic to the area would be minimal. As far as the character of the area. Everything is conforming to the Zoning Code. Commissioner Salafia questioned Mr. Weiderman about sidewalks, setbacks and footing drains. Commissioner Emery questioned if any of the staff saw the wildlife report. Director Samolis stated that the department asks the developer to consult the State DEEP database on wildlife to make certain there is no negative impact on endangered species. Commissioner Devoto asked about sidewalks and the wetlands. Commissioner Pelletier moves to recess so that the tapes can be changed at 7:58 PM. All in favor. Meeting resumed at 9:04 PM. More comments from the public ensued. Commissioner Sugar moved to continue the public hearing for the proposed fourteen (14) lot subdivision at Ridgewood Road and Mile Lane. Commissioner Emery seconded with a friendly addition that the documents of the wildlife study be provided to the Commission. Director Samolis added that in addition to the Water/Sewer comments, he would like to look into final Public Works comments as well. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 2) Continued: Request for Special Exception with regard to Sections 44.08.08 and 60.02.08 to utilize parcel for professional and business 3  offices at 184-186 Washington Street in an ID Zone. Applicant/agent B.A.R.C., LLC/Rachel F. Flood SE2018-4 Director Samolis explained that the property was owned by Wesleyan and is in the ID zone (Institutional Development). They sold it to the applicant who would continue the same use as offices. Because the applicant is not and institution, it needs to follow the MX zone which calls for a Special Exception. George Law represented the applicant and explained the history of the property. Commissioner Kovach moves to close the public hearing. Commissioner Thom Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Pelletier moves for approval for a Special Exception with regard to Sections 44.08.08 and 60.02.08 to utilize parcel for professional and business offices at 184-186 Washington Street in an ID Zone. Commissioner Sugar seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 3) Proposed Zoning Code Text Amendment with regard to Sections 61.01.61 and 61.05 for Tattoos and Body Piercing Studios. Proponent Jeffrey Mansolf Z2018-6 A COPY OF THE PROPOSED TEXT IS ON FILE WITH THE OFFICE OF THE TOWN CLERK Jeff Mansolf of 96 Russell Street introduced the application. He commented on Middletown promoting art from the murals of the movie theater to the side buildings on Main Street. He feels changing the zoning text may bring more art in this town. He’s owned a tattoo shop for 7 years and caters more than just tattooing. He has done work at LaBoca Restaurant and The Pickle Stand on Main Street. He is a member and licensed with the State of CT tattooers. A discussion ensued. Commissioner Kovach moves to close the public hearing. Commissioner Sugar seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Pelletier moves for approval for a Zoning Code Text Amendment with regard to Sections 61.01.61 and 61.05 for Tattoos and Body Piercing Studios and recommends a three month period for the City to prepare for the text change amendment. Commissioner Sugar seconds the motion. The Director recommends November 1st. and to strike out “must adhere to local Health Department ordinances” from the proposed text. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 4) Proposed Special Exception and Site Plan Review for construction of an 8,000 sq. ft. Retail & Office Space building at 99-105 East Main Street in the TD Zone. Applicant/agent Harding Development Group, LLC/Gary Dayharsh SPR2018-63 and SE2018-5 4 Frank Magnotta, PE, Licensed Consulting Engineer is representing application. He gave a detailed presentation using site plans. Gary Dayharsh, Contractor for the applicant stated that this will be the same as the new construction as on Main Street Extension. From the public, Ed Marginelli is the sole tenant of the old Formatron building on Main Street Extension and Cooley Avenue stated that this has been a blighted area with bad activity so this is a blessing. Commissioner Pattavina moves to close the public hearing. Commissioner Kovach seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Kovach moves for approval for a Special Exception and Site Plan Review for construction of an 8,000 sq. ft. Retail & Office Space building at 99-105 East Main Street in the TD Zone. Commissioner Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 7. Old Business None 8. New Business None 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 May 23, 2018 Commissioner Sugar moves for approval of the minutes of May 23, 2018. Commissioner Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 10.2 Minutes of June 27, 2018 Commissioner Sugar moves for approval for the minutes of June 27, 2018. Commissioner Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes with 5 affirmative votes. 10.3 Other Commission Affairs a. River-Cog Report Commissioner Emery stated that there was no meeting therefore no report. She also asked for an official alternate for the RiverCog meetings. Commissioner Pelletier volunteered. After some discussion, Commissioner Pelletier withdraws as he feels there should be some balance with both parties. (Inaudible as speakers were not turned 5 on). The chair calls for the vote. The chair states the matter passes with 5 affirmative votes. 11. Adjournment Meeting adjourned at 10:20 PM Respectively submitted Joseph Samolis Director of Planning, Conservation and Development 6