Planning & Zoning Commission

REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION MIDDLETOWN CONNECTICUT JULY 28, 2021 The Chair called the meeting to order at 7:02 PM. 1. Roll Taking Present: Commissioner Stephen Devoto Commissioner Nicholas Fazzino Commissioner Richard Pelletier Commissioner Thom Pattavina Commissioner Marcus Fazzino Commissioner Catherine Johnson Commissioner Kellin Atherton (Arrived at 7:06 PM) Commissioner Shanay Fulton (seated for Commissioner O’Connell) Absent: Commissioner James O'Connell Commissioner Quatina Frazer Staff: Marek Kozikowski, Director of Land Use 2. Items removed from the agenda and why Item 5.1 is postponed until the August 11th 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 stated that all public hearing notices have been properly noticed. 5. Public Hearings (when scheduled) 1) Request for a Special Exception for change of use from retail to a recreational facility for a new hookah lounge located at 695 South Main Street in the B-2 zone. Applicant/agent Hossam Abudawood SE2021-7 POSTPONED UNTIL AUGUST 11, 2021  2) Request for a Special Exception for a car wash establishment in a special flood hazard area located at 593 Washington Street in the B-2 Zone. Applicant/agent Dominick D’Agustino SE2021-8 Paul Semanski, Special Engineer from the Howland Associates said they are proposing the reconstruction a car wash at 593 Washington Street that has previously existed for several decades located behind Blasius Car Lot. They are proposing a smaller building as opposed to the existing one. He brought up the site plan on the screen for the Commissioners and explained exactly what they are proposing. They have decreased the impervious surface on-site. The storm water management to site will be utilizing water quality basin sized for 100 year event decreasing the water runoff to Washington Street. Commissioner Thom Pattavina moves to close the public hearing. Commissioner Nicholas Fazzino seconds the motion. The chair calls for the vote. It is unanimous to close public hearing with 7 aye votes. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Nicholas Fazzino moves for approval for a Special Exception for a car wash establishment in a special flood hazard area located at 593 Washington Street in the B-2 Zone. Commissioner Johnson agrees with the applicant that EV stations are not necessary. Commissioner Devoto agrees with Johnson and Nick Fazzino sees this as a great improvement to the area. Commissioner Richard Pelletier 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) Request for a Special Exception for a drive through restaurant in a flood zone located at 562 South Main Street in the B-2 Zone. Applicant/agent John Desena, 562 South Main LLC SE2021-6 Attorney Rich Carella introduced the project. The site was previously the old MidState Tractor Supply at the corner of South Main Street and Norfolk Street. Frank Magnotta, Engineer gave a presentation of the site plan and described some of the aspects they are proposing. The 2200 sq. ft. building would be much smaller than the present one. There will be no new curb cuts and there will be 29 (45 degree) parking spaces provided. There will be more landscaping and less impervious surfaces. Commissioner Pattavina asked about Electric Vehicle charging stations and if there was anything said about putting sidewalks as this is heavily trafficked for children who are going to the park down the Norfolk Street. Frank said that there is a proposed EV charging station on the plans and although the sidewalks were talked about, there are no sidewalks on South Main or Norfolk Streets. The applicant, John DeSena said that he is in 100% agreement that there be sidewalks there and is talking to City Officials. He would be in agreement to make that a condition to the approval. A discussion continued regarding bike racks and what the foot traffic would be with the cars all around the building. Commissioner Nicholas Fazzino moves to close the public hearing. Commissioner Thom Pattavina seconds the motion. The chair calls for the vote. It is unanimous to close the public hearing with 7 aye votes. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Nicholas Fazzino moves for approval for a Special Exception for a drive through restaurant in a flood zone located at 562 South Main Street in the B-2 Zone. Commissioner Devoto asked Fazzino if he would like to add the following conditions: Sidewalk on Norfolk Street; pedestrian walkway paintings in the asphalt on the lot; and bike racks. Commissioner Fazzino accepts the conditions to the approval. Commissioner Johnson said she will not be voting in favor because she doesn’t think this kind of business is the proper fit for this site. Nick Fazzino said he would be supporting this. Commissioners Pattavina, Devoto and Fulton agree with N. Fazzino and will be voting in favor. Commissioner Thom Pattavina seconds the motion. The chair calls for the vote. It is approved with 6 aye votes and one nay vote from Commissioner Johnson. The chair states the matter passes with 6 affirmative votes. 4) Proposed zoning text amendment to Sections 44 and 60 of the Middletown Zoning Code regarding permanent year round farm markets and seasonal farm stands. Applicant/agent City of Middletown/ LU Dept. Z2021-5 Marek suggested doing a walk-through with the text tonight, receive any comments and continue to another meeting so he has a change to address any comments. Currently year round farm markets are permitted by special exception uses, are in residential zones, and the minimum acres is 20 acres that abuts the state highway. The proposal would be to eliminate that requirement and change the minimum to 5 acres. Commissioner Devoto would like to see this available in all zones. Marek received many comments from the Commission and will work on a new draft addressing those comments. Commissioner Thom Pattavina moves to continue to the next meeting on August 11. Commissioner Catherine Johnson 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. 5) Proposed zoning text amendment to Sections 16, 40, 44 and 61 regarding farm wineries and farm breweries. Applicant/agent City of Middletown/ LU Dept. Z2021-6 Marek introduced the proposal and read his suggestions into the record. Commissioner Thom Pattavina moves to table the zoning text amendment to Sections 16, 40, 44 and 61 regarding farm wineries and farm breweries. Commissioner Catherine Johnson 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. 6) Proposed zoning text amendment to Sections 16, 40, 44 and 61 regarding adult-use cannabis micro-cultivation and cannabis retail uses. Applicant/ agent City of Middletown/ City of Middletown/ LU Dept. Z2021-7 Marek introduced the proposal. He said it was approved in the legislature and it was up to the municipalities to address micro-cultivation and retail establishments. He read the proposed language of the text amendments into the record. Commissioner Shanay Fulton moves to continue the public hearing for the zoning text amendment to Sections 16, 40, 44 and 61 regarding adult-use cannabis micro-cultivation and cannabis retail uses. Commissioner Thom Pattavina seconds the motion. The chair calls for the vote. The vote was 5 to 2 in favor on continuing the public hearing. Commissioners Nicholas and Marcus Fazzino voted nay. The chair states the matter passes with 5 affirmative votes. 6. Old Business 1) Discussion on activity at Map-Lot 03-0229 Country Club Road. Marek updated the Commission on the activity. The site is being monitored several times a week by staff and noticed significant progress in the restoration of the site. They have been instructed if they wanted to remove material from site, they would have to submit an as-built and compliance of the upgrade. 7. New Business 1) Request for an affirmative G.S. 8-24 report for lease for a new restaurant at 80 Harbor Drive. Applicant/agent City of Middletown G.S. 8-24 2021-20 Marek introduced the application. This is for the a/k/a Canoe Club a/k/a Harbor Park at 80 Harbor Drive. The City went through Requests for Proposals seeking other restaurants that would be interested in occupying the building. The City received 5 or 6 proposals and they were evaluated and a restauranteur was chosen. Commissioner Richard Pelletier moves to grant an affirmative G.S. 8-24 report for lease for a new restaurant at 80 Harbor Drive. 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. 2) Schedule a public hearing for proposed zoning text amendment to Section 61of the Middletown Zoning Code to include brewpubs as permitted uses in the RF zone. Applicant/agent City of Middletown/ Z2021-8 Commissioner Thom Pattavina moves to schedule a public hearing for August 11th for a proposed zoning text amendment to Section 61of the Middletown Zoning Code to include brewpubs as permitted uses in the RF zone. Commissioner Nicholas Fazzino 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) Schedule a public hearing for a subdivision to create 16 lots, open space, and a road currently known as Military Road. Applicant/agent The Middletown Housing Partnership Trust, Inc./David E. Rosenberg, Esq. Z2021-2 Commissioner Thom Pattavina moves to schedule a public hearing for August 11th for a proposed subdivision to create 16 lots, open space, and a road currently known as Military Road. Commissioner Catherine 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. 8. Public comment on topics which are not or have not been the subject of a public hearing. None 9. Minutes of the Regular Meeting, Transcripts, Staff Reports and Commission Affairs a. Minutes of the June 23, 2021 Regular Meeting Commissioner Nicholas Fazzino moves for approval of the minutes of the June 23, 2021 regular meeting. 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. b. Minutes of the July 12, 2021 Regular Meeting Commissioner Thom Pattavina moves for approval of the minutes of the July 12, 2021 regular meeting. Commissioner Catherine Johnson 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. c. River-Cog Report Commissioner Atherton gave a summary of the meeting of June 26th. The primary discussion involved some of the 109 comments they received from the public. Middletown is one of the 17 towns in the region and was well represented by Marek Kozikowski, Beth Emery, Commissioner Johnson and Atherton. Middletown counted for over 40% of the comments that were submitted to the RiverCog. d. Staff Reports Marek invited all the Commissioners to stop by the new Land Use Office on the first floor of City Hall. e. Commission Affairs Commissioner Johnson said the public hearings that are tabled or continued should change the date on the signs to the new meeting date so the public is aware that the hearing is still open. 10. Adjournment Commissioners Thom Pattavina and Nicholas Fazzino move for adjournment at 9:36 PM. Respectfully submitted, Marek Kozikowski Director of Land Use