Planning & Zoning Commission

REGULAR MEETING OF THE PLANNING & ZONING COMMISSION MIDDLETOWN CONNECTICUT APRIL 28, 2021 The Regular Meeting of the Planning and Zoning Commission of the City of Middletown was held remotely via WebEx. The Chairman called the meeting to order at 7:00 PM 1. Roll Taking Present: Commissioner Stephen Devoto Commissioner Nicholas Fazzino Commissioner Richard Pelletier Commissioner Thom Pattavina Commissioner James O'Connell Commissioner Catherine Johnson Commissioner Marcus Fazzino Commissioner Kellin Atherton Commissioner Shanay Fulton Absent: Commissioner Quatina Frazer Staff: Marek Kozikowski, AICP, City Planner 2. Items removed from the agenda and why Item 5.3 was removed and postponed to the next meeting. 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) Marek Kozikowski indicated that all public hearing signs were properly posted and abutters were notified. 5. Public Hearings (when scheduled) 1. Request for a proposed 5- lot re-subdivision of the property located at 906 East Street & Map-Lot 06-0515 East Street Applicant/agent Henry Lavette/ James P. Cassidy, P.E. S2021-1 1 James Cassidy, Professional Engineer introduced the application. He gave a presentation of the lots. One of the lots has a dwelling at the front of the property. They are looking to subdivide into 5 lots. Two of the lots with frontage on East Street and 2 with frontage on Orchard Hill Lane. The 5th lot is a rear lot at 906 East Street. They are also proposing a conservation easement in the rear of the lots. The two houses on East Street are connected to the water/sewer lines, and the 2 houses on Orchard Hill Road are not connected. Down the road (over 200 feet) is where they are connected. It is not required to be connected if greater than 200 feet. They are proposing to run sewer laterals for these 2 houses through an easement down the property line and connect into the main on East Street. They are proposing a private well for the 2 houses on Orchard Hill Road. They will create a walkway approximately 690 feet from the cul-de-sac to East Street. Commissioner Devoto said the open space area really only benefits the residents of the new parcels and asks of he can consider moving it. A discussion regarding a path from Orchard Hill Road to East Street continued. The Commission, applicant and staff agreed that the conservation easement area will be relocated along the southern property line to connect Orchard Hill Lane to East Street. Commissioner O’Connell moves to close the public hearing. Commissioner 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. Commissioner Nicholas Fazzino moves for approval for a proposed 5- lot re-subdivision of the property located at 906 East Street & Map-Lot 06-0515 East Street with the following comments. 1. The conservation easement will be relocated to the south side of the property to connect Orchard Hill Lane to East Street 2. The location of any significantly sized trees along the street shall be demarcated for preservation. 3. Individual drainage systems shall be designed for each house as they are developed. 4. The conservation easement will be demarcated in some manner. 5. The notes listed in staff comment related to the conservation easement should be added to the subdivision and site plans. Commissioner Richard Pelletier seconds the motion. The chair calls for the vote. It is 6 aye votes by Commissioner Stephen Devoto, Commissioner Nicholas Fazzino, Commissioner Richard Pelletier, Commissioner Thom Pattavina, Commissioner Catherine Johnson and Commissioner Marcus Fazzino; 1 abstention by Commissioner James O'Connell. The Chair states the matter carried with 6 affirmative votes, and 1 abstention. 2. Request for a special exception for expansion of the truck/trailer parking area and employee parking area at the existing FedEx distribution facility located at 49 FedEx Drive Applicant/agent FedEx Ground Package System, Inc. SE2021- 2 Matthew Bruton, Engineer from the BL Companies based out of the Hartford Office started off by introducing Dan Patrick Cole, Project Engineer from FedEx and Michael Dion, Traffic Engineer from the BL Companies. He gave a presentation of the project. They are looking to improve 2 areas on the property. One is the expansion of the associate lot with an additional 68 spaces on the western side off Middle Street and the other expansion is for a trailer parking lot adjacent to Industrial Park Road with 222 additional trailer spaces. Both lots comply with the zoning 2 regulations and they will not be looking for any variances. They are also looking into another exit onto Middle Street as FedEx is experiencing some backups during shift changes. Michael Dion then gave a presentation of the traffic conditions. A discussion between the Commission and the applicants continued. Chairman Devoto would like to see more of an effort taken to provide shade in the commuter parking lot. He would also like to see more walkways and a place for bicycles spaces near the entrance. Also the electric vehicle stations as previously discussed. Commissioner Nicholas Fazzino moves to table until the next meeting on May 12, 2021. Commissioner Johnson seconds the motion. The chair calls for the vote. It is unanimous to schedule a public hearing with 7 aye votes. The chair states the matter passes unanimously with 7 affirmative votes. 3. Proposed Zoning Code text amendment to amend Section 61.01.45 and add Section 61.02.45 regarding motor vehicle services and repairs in the B-2 and TD Zones. Applicant/agent City of Middletown/Department of Planning Conservation and Development Z2021-3 Postponed to the next meeting. 6. Old Business 7. New Business 1) Proposed Special Exception to convert a 2-family dwelling to a 4-family dwelling at 143 Eastern Drive. Applicant/agent David Coleman SE2021-3 Commissioner Richard Pelletier moves to schedule a public hearing on May 12, 2021. Commissioner James O'Connell seconds the motion. The chair calls for the vote. It is unanimous to schedule a public hearing with 7 aye votes. The chair states the matter passes unanimously with 7 affirmative votes. 2) Proposed Subdivision Regulations text amendment to section 5.19.12 regarding driveway aprons pursuant to Section 1.08 of the Middletown Subdivision Regulations. Applicant/agent City of Middletown/ PCD & PW Departments Z2021-4 Commissioner Nicholas Fazzino moves to schedule a public hearing on May 12, 2021. Commissioner Thom Pattavina seconds the motion. The chair calls for the vote. It is unanimous to schedule a public hearing with 7 aye votes. The chair states the matter passes unanimously with 7 affirmative votes. 3) Request for an affirmative G.S. 8-24 report for purchase of property at 131 River Road and River Road (Parcel ID 1026) for the Riverfront Redevelopment. Applicant/agent City of Middletown G.S. 8-24 2021-6 Commissioner Richard Pelletier moves for a favorable G.S. 8-24 Review. Commissioner 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. 3  4) Request for an affirmative G.S. 8-24 report for lease of 1,000 sq. ft. at the Remington Rand Building, 180 Johnson Street to Scatz Holy Smokez BBQ & Catering. Applicant/agent City of Middletown G.S. 8-24 2021-7 Commissioner James O'Connell moves for a favorable G.S. 8-24 Review for a lease of 1,000 sq. ft. at the Remington Rand Building, 180 Johnson Street to Scatz Holy Smokez BBQ & Catering. Commissioner 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. 5) Request for an affirmative G.S. 8-24 report for lease of 2,800 sq. ft. at the Remington Rand Building, 180 Johnson Street to Forest City Brewing. Applicant/agent City of Middletown G.S. 8-24 2021-8 Commissioner James O'Connell moves for a favorable G.S. 8-24 Review for an extension to the lease of 2,800 sq. ft. at the Remington Rand Building, 180 Johnson Street to Forest City Brewing. Commissioner Thom Pattavina 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. 6) Request for an affirmative G.S. 8-24 report for lease of 3,000 sq. ft. at the Remington Rand Building, 180 Johnson Street to Found Apparel Company. Applicant/agent City of Middletown G.S. 8-24 2021-9 Commissioner Catherine Johnson moves for a favorable G.S. 8-24 Review for a lease of 3,000 sq. ft. at the Remington Rand Building, 180 Johnson Street to Found Apparel Company. Commissioner James O'Connell 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. 7) Request for an affirmative G.S. 8-24 report for lease of 2,400 sq. ft. at the Remington Rand Building, 180 Johnson Street to Bespoke Ciderworks. Applicant/agent City of Middletown G.S. 8-24 2021-10 Commissioner James O'Connell moves for a favorable G.S. 8-24 Review for a lease of 2,400 sq. ft. at the Remington Rand Building, 180 Johnson Street to Bespoke Ciderworks. Commissioner Thom Pattavina 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. 8) Revisions to the Bylaws of the Middletown Planning and Zoning Commission. Commissioner Nicholas Fazzino moves to table the discussion on the Bylaws of the Middletown Planning and Zoning Commission to the next meeting. Commissioner James O'Connell seconds the motion. The chair calls for the vote. It is unanimous to table with 7 aye votes. 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 4 9. Minutes of the Regular Meeting, Transcripts, Staff Reports and Commission Affairs a. Minutes of the April 14, 2021 Regular Meeting Chairman Devoto mentioned that for the March 10th meeting it showed that it was approved with 5 votes and nobody abstaining or opposed. Commissioner Pattavina said that he abstained. Commissioner Richard Pelletier moves to table the minutes of the April 14, 2021 regular meeting. Commissioner Thom Pattavina seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. b. River-Cog Report Commissioner Kellin Atherton reported that River-Cog has released its draft of the regional plan of conservation and development and the public comment period is open. c. Staff Reports Marek said the Governor’s Executive Orders that allows us to meet in person was extended until May 20th. He is still waiting to hear guidance from the Middletown Administration and IT as to when we would be allowed to meet in person. d. Commission Affairs 10. Adjournment Commissioner James O'Connell moves for adjournment at 9:28 PM. Commissioner Thom Pattavina seconds the motion. The chair calls for the vote. It is unanimous to adjourn with 7 aye votes. The chair states the matter passes unanimously with 7 affirmative votes. Respectfully submitted, Marek Kozikowski, AICP City Planner 5