Planning & Zoning Commission
Regular MeetingMiddletown, CT · April 22, 2020
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.
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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;
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