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Planning & Zoning Commission

Regular Meeting

Middletown, CT · April 22, 2020

AgendaMinutes

Minutes

REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION MIDDLETOWN CONNECTICUT APRIL 22, 2020 1. Roll Taking Present: Chairman Stephen Devoto Vice-Chairman Nicholas Fazzino Commissioner Thom Pattavina Commissioner Richard Pelletier Commissioner Catherine Johnson Commissioner Shanay Fulton (seated for M. Fazzino) Commissioner Kellin Atherton (seated for Tyrell Brown) Commissioner James O’Connell Absent: Commissioner Tyrell Brown Commissioner Marcus Fazzino Staff/Host: Marek Kozikowski, AICP, City Planner 2. Items removed from the agenda and why None 3. Public comment on items on agenda which are not currently scheduled for a public hearing None 4. ZEO Certification that all public hearing signs have been properly noticed (when scheduled) All public hearing signs have been properly noted 5. Public Hearings (when scheduled) 1. Proposed Special Exception for a new medical clinic use in a portion of an existing building located at 211 South Main Street in the MX zone. Applicant/agent 211 South Main Street LLC/Robert Kempenaar II SE2020-2 Nicholas Fazzino moves to close the public hearing. Thom Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Nicholas Fazzino moves for approval with conditions for a Special Exception for a new medical clinic use in a portion of an existing building located at 211 South Main Street in the MX zone. Applicant/agent 211 South Main Street LLC/Robert Kempenaar II SE2020-2. Thom Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. The conditions of approval are: 1. If there is a change in the type of medical office from orthopedist to another type of medical office or service, there will need to be a new application for special exception. 2. The front of the building will remain active, open and transparent. The glass of the offices and waiting area MUST remain clear and transparent, so as to enable a view into the building. The windows may not be obscured with film or any other means. 3. Floor plans for the medical clinic space should be submitted for review prior to the issuance of permits. 4. The medical clinic use should be limited to 5 practitioners and 9 employees. 5. The medical clinic use specifically excludes clinics whose principal service is mental health and/or substance abuse diagnosis and treatment. 6. The applicant should get final CT DOT approval for the improvements in the state Right of Way prior to the issuance of a certificate of occupancy. 2. Continuation of public hearing of a Petition for text amendments to Sections 61 and 40 to modify language related to prohibited uses, rooming houses and clinics in the Middletown Zoning Code. Applicant/agent City of Middletown PCD Dept. Z2020-2 Kellin Atherton moves to close the public hearing. Thom Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Richard Pelletier moves for approval for text amendments to Sections 61 and 40 to modify language related to prohibited uses, rooming houses and clinics in the Middletown Zoning Code. . Kellin Atherton seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 6. Old Business None 7. New Business 1. Request for an affirmative G.S. 8-24 for a 5 year lease agreement between the City of Middletown and Fidelux Lighting, LLC (an existing tenant) for 23,500 sq. ft. at 180 Johnson Street. Applicant/agent City of Middletown/PCD Dept. G.S. 8-24 2020-1 Richard Pelletier moves for an affirmative G.S. 8-24 for a 5 year lease agreement between the City of Middletown and Fidelux Lighting, LLC (an existing tenant) for 23,500 sq. ft. at 180 Johnson Street. Thom Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 2. Schedule public hearing for a proposed Special Exception regarding Section 55.03 for construction of a high tunnel greenhouse at 1044 River Road. Applicant/agent Forest City Farms/Gabe Russo SE2020-3 Nicholas Fazzino moves to schedule a public hearing for May 27, 2020 for a Special Exception regarding Section 55.03 for construction of a high tunnel greenhouse at 1044 River Road. Thom Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 8. Public comment on topics which are not or have not been the subject of a public hearing 9. Minutes of the Regular Meeting, Transcripts, Staff Reports and Commission Affairs a. Minutes of the March 11, 2020 Meeting Thom Pattavina moves for approval of the minutes of the March 11, 2020 meeting. Nicholas Fazzino seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. b. Minutes of the April 1, 2020 Meeting Thom Pattavina moves for approval of the minutes of the April 1, 2020 meeting. Nicholas Fazzino seconds the motion. The chair calls for the vote. It is unanimous to approve with 7 aye votes. The chair states the matter passes unanimously with 7 affirmative votes. 2. Other Commission Affairs a. River-Cog Report Kellin Atherton and Beth Emery provided a report of the March 23rd and April 14th RiverCOG meetings. 3. Staff Reports Staff provided an update on the closure of City Hall. 10. Adjournment Thom Pattavina moves for adjournment. Nicholas Fazzino seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Respectfully submitted, Marek Kozikowski, AICP City Planner

Agenda

Chair Stephen Devoto (’21) Middletown Vice-Chair Secretary Nicholas Fazzino (’21) Thom Pattavina (’23) Planning and Zoning Members Richard Pelletier (’23) Catherine Johnson (’23) Tyrell Brown (’21) Marcus Fazzino (’21) Commission Alternates Kellin Atherton (’23) Shanay Fulton (’23) James O’Connell (’21) Ex- Officio Mayor Ben Florsheim William Russo, Director of Public Works Staff Marek Kozikowski, AICP, City Planner AGENDA WEDNESDAY, APRIL 22, 2020 7:00 P.M. https://middletownct.webex.com/middletownct/j.php?MTID=mf976b71ea2884ec0e1cb7dc2dafe2219 or WebEx.com Join a Meeting Event #716516348 Password: JeJ7pmJ53RZ or Dial 408-418-9388 Access Code: 716516348 1. Roll Taking 2. Items removed from the agenda and why 3. Public comment on items on agenda which are not currently scheduled for a public hearing 4. ZEO Certification that all public hearing signs have been properly noticed (when scheduled) 5. Public Hearings (when scheduled) 1. Proposed Special Exception for a new medical clinic use in a portion of an existing building located at 211 South Main Street in the MX zone. Applicant/agent 211 South Main Street LLC/Robert Kempenaar II SE2020-2 2. Continuation of public hearing of a Petition for text amendments to Sections 61 and 40 to modify language related to prohibited uses, rooming houses and clinics in the Middletown Zoning Code. Applicant/agent City of Middletown PCD Dept. Z2020-2 7. Old Business 8. New Business 1. Request for an affirmative G.S. 8-24 for a 5 year lease agreement between the City of Middletown and Fidelux Lighting, LLC (an existing tenant) for 23,500 sq. ft. at 180 Johnson Street. Applicant/agent City of Middletown/PCD Dept. G.S. 8-24 2020-1 2. Schedule public hearing for a proposed Special Exception regarding Section 55.03 for construction of a high tunnel greenhouse at 1044 River Road. Applicant/agent Forest City Farms/Gabe Russo SE2020-3 Suggested hearing date May 27, 2020. 9. Public comment on topics which are not or have not been the subject of a public hearing If you require special accommodations for any meeting, please call the ADA Coordinator at (860) 638-4540, (voice) or (860) 638-4812 (TDD/TTY), or the Town Clerk’s Office at (860) 638-4910 at least ten (10) days prior to the scheduled meeting. Page 1 of 2 10. Minutes of the Regular Meeting, Transcripts, Staff Reports and Commission Affairs 1. Minutes of the March 11, 2020 and April 1, 2020 Meetings 2. Other Commission Affairs a. River-Cog Report 3. Staff Reports 11. Adjournment Alternates: 1) Kellin Atherton; 2) Shanay Fulton; 3) James O’Connell; Page 2 of 2

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