Planning & Zoning Commission

Chair Stephen Devoto (’21) Middletown Vice-Chair Vice-Chair Secretary Nicholas Nicholas Fazzino Thom Fazzino (’21) (’21) Secretary Thom Pattavina Pattavina (’23) (’23) Planning and Zoning Members Members Richard Pelletier (’23) Richard Pelletier (’23) Catherine Marcus Marcus Fazzino Fazzino (’21) (’23) Catherine Johnson Johnson (’23) (’23) Vacant (’21) James O’Connell (’21) Commission Alternates Alternates Kellin Kellin Atherton Shanay Atherton (’23) Shanay Fulton (’23) Fulton (’23) (’23) James O’Connell (’21) Quatina Frazer (’21) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim William Russo, Director of Public Works Staff Marek Kozikowski, AICP, Director REGULAR MEETING MINUTES WEDNESDAY, SEPTEMBER 8, 2021 7:00 P.M. The meeting was held virtually. Members of the public had access via https://webex.com, the WebEx application, and via telephone. Start: 7:02 PM End: 8:34 PM. 1. Roll Taking Present: Commissioner Stephen Devoto Commissioner Richard Pelletier Commissioner Thom Pattavina Commissioner James O'Connell Commissioner Kellin Atherton (Alternate) (seated for M. Fazzino) Commissioner Quatina Frazer (Alternate) (seated for N. Fazzino) Commissioner Shanay Fulton (Alternate) (seated for C. Johnson) Absent: Commissioner Nicholas Fazzino Commissioner Marcus Fazzino Commissioner Catherine Johnson Staff: Marek Kozikowski, Director of Land Use 2. Items removed from the agenda and why Item 5.2 was removed so that a subdivision map and public notice could be completed. 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 signs were properly noticed. 5. Public Hearings (when scheduled) 1) Request for a Special Exception for change of use from retail to a recreational 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 5  facility for a new hookah lounge located at 695 South Main Street in the B-2 zone. Applicant/agent Hossam Abudawood SE2021-7 Hossam Abudawood reported he submitted material explaining more about the proposed hookah lounge and a description of the ventilation system. A discussion ensued about parking on site which in total is 30 parking spaces. Song Chen, property owner described all the parking available including a lot located on a northwest corner. He further described how the peak parking demand period for the proposed use is later in the day and does not conflict with the uses. Motion to close the public hearing Moved by Atherton, seconded by Fulton Voting in favor: Devoto, Pattavina, Pelletier, O’Connell, Frazer (for N. Fazzino), Atherton (for M. Fazzino), Fulton (for Johnson) Passed 7-0 M. Kozikowski confirmed that the three parcels are all purchased as three pieces of land under the property address of 695 South Main Street. Motion to approve the special exception with the conditions: 1. Any new use on the property will require zoning review to verify the parking needs are satisfied. Moved by Atherton, seconded by Pattavina Voting in favor: Devoto, Pattavina, Pelletier, O’Connell, Frazer (for N. Fazzino), Atherton (for M. Fazzino), Fulton (for Johnson) Passed 7-0 Chairman Devoto offered the condition as a friendly amendment. 2) Request 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. S2021- 2 (Postponed and extended to October 13, 2021) No discussion. 3) 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 Director Kozikowski outlined the latest revisions to the proposed text. Commissioner Devoto suggested that language for farm cideries and the production of ciders be added to the proposal Joseph Defancesco spoke in support of the proposal including the adding of farm cideries. Motion to table the public hearing Moved by Pattavina, seconded by Pelletier Voting in favor: Devoto, Pattavina, Pelletier, O’Connell, Frazer (for N. Fazzino), Atherton (for M. Page 2 of 5 Fazzino), Fulton (for Johnson) Passed 7-0 6. Old Business 1) Discussion on activity at Map-Lot 03-0229 Country Club Road. Director Kozikowski reported that he had a conversation with a neighbor that had concerns about the blasting and its effect on neighborhood properties. Kozikowski directed the property owner to the fire marshal. The operation has moved up the hill. They also improved the parking area that provides access to the Wesleyan Woods trails. 7. New Business 1) Request for an affirmative GS 8-24 report for the acquisition of property on East Street and Westlake Drive for open space and passive recreation. Applicant/agent City of Middletown/Land Use Dept. GS 8-24 2021-22 Director Kozikowski described the property and stated that this property has been targeted for open space acquisition utilizing an open space ranking system. The property contains wooded areas, a watercourse, wetlands, existing trails, steep sloped to the river, a flood plain and floodway. The property is in the IM zone which is a mixed use zone. Commissioner Atherton noted that about 13,000 people live in the area and utilize the access the trails. He is pleased it is being preserved for open space and is not suitable for development. Motion to grant an affirmative GS 8-24 report Moved by Atherton, seconded by Fulton Voting in favor: Devoto, Pattavina, Pelletier, O’Connell, Frazer (for N. Fazzino), Atherton (for M. Fazzino), Fulton (for Johnson) Passed 7-0 2) Request for an affirmative G.S. 8-24 report for the acquisition of property located at Map Lot 28-0205 Farm Hill Road for future public use. Applicant/agent City of Middletown/Land Use GS 8-24 2021-23 Director Kozikowski described the parcel as an undersized parcel of land that was brought to the attention of the city and Public Works was interested in it for possible sidewalks, trails, or use of parking. He reported that the common council was not supportive to use it as parking. Chairman Devoto did not see using this property as parking being consistent with the Plan of Conservation and Development. Using the property for location of a house would be more consistent. The position was supported by Commissioner O’Connell. Chairman Devoto inquired on the process of the proposal and if the Common Council has already voted. Kozikowski stated they already voted. Page 3 of 5 Motion to grant an affirmative GS 8-24 report Moved by Pelletier, seconded by Pattavina Voting in favor: None Voting against: Devoto, Pattavina, Pelletier, O’Connell, Frazer (for N. Fazzino), Atherton (for M. Fazzino), Fulton (for Johnson) Fails 0-7 3) Schedule public hearing for zoning map amendment to correct mapping errors for properties located at 720, 816, 833, and 834 Long Hill Road (Wesleyan Hills) by rezoning them from R-30 zone to PRD zone. Applicant/agent City of Middletown/Land Use Dept. Z2021-9 (Suggested date: October 13, 2021) Motion to schedule a public hearing for October 13, 2021 Moved by T. Pattavina, seconded by R. Pelletier Voting in favor: Devoto, Pattavina, Pelletier, O’Connell, Frazer (for N. Fazzino), Atherton (for M. Fazzino), Fulton (for Johnson) Passed 7-0 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 August 11, 2021 Regular Meeting Motion to approve the August 11, 2021 minutes Moved by Pattavina, seconded by O’Connell Chairman Devoto noted under 5.5 there was an error in the spelling of the names. He further noted that the minutes were brief and suggested additional important discussion be added to the content as well as any promises by applicants or conditions on approvals should be added. Director Kozikowski suggested tabling the minutes so more detail can be added. The motion was withdrawn. Motion to table the August 11, 2021 minutes Moved by O’Connell, seconded by Fulton Voting in favor: Devoto, Pattavina, Pelletier, O’Connell, Atherton (for M. Fazzino), Fulton (for Johnson) Voting against: Frazer (for N. Fazzino), Passed 6-1 b. River-Cog Report Page 4 of 5  Commissioner Atherton reported that the RiverCog Commission had a short meeting on August 30th and at that meeting approve unanimously the draft Regional Plan of Conservation and Development. c. Staff Reports Director Kozikowski reported that a variance application was filed with the Zoning Board of Appeals to put a “tiny house” trailer home on property located at 1200 Washington Street. d. Commission Affairs Chairman Devoto suggested that the review of the bylaws and a report by staff on the latest legislation that was approved be put on the September 22 nd agenda. 10. Adjournment Motion to adjourn Moved by Pattavina, seconded by O’Connell Voting in favor: Devoto, Pattavina, Pelletier, O’Connell, Frazer (for N. Fazzino), Atherton (for M. Fazzino), Fulton (for Johnson) Passed 7-0 Respectfully submitted, Marek Kozikowski, AICP Director of Land Use Page 5 of 5