Planning & Zoning Commission
Regular MeetingMiddletown, CT · February 9, 2022
Minutes
Chair Thom Pattavina (’23)
Middletown Vice-Chair
Vice-Chair
Secretary
Nicholas Fazzino (’21)
Vacant (’25)
Thom
Secretary ShanayPattavina (’23)
Fulton (’25)
Planning and Zoning Members
Members ers Richard
Richard Pelletier
Catherine
Pelletier (’23)
(’23) Marcus
Marcus Fazzino
Fazzino (’21)
(’23)
Catherine Johnson
Johnson (’23)
(’23) Vacant (’21)
Sebastian Giuliano (’25)
Commission Alternates
Alternates Kellin
Kellin Atherton
Shanay
Atherton (’23)
(’23)
Fulton (’23) (’25)
Hillary Thompkins
James O’Connell (’21)
Kelly Sweeney (’23)
Ex-
Ex- Officio
Officio Mayor
Mayor Ben
Ben Florsheim
Florsheim
William Russo, Director of Public Works
Staff Marek Kozikowski, AICP, Director of Land Use
REGULAR MEETING
MINUTES
WEDNESDAY, FEBRUARY 9, 2022
Council Chambers, City Hall & Virtual on WebEx
7:00 P.M.
The meeting was held both virtually and in-person. Members of the public had
access via https://webex.com, the WebEx application, and via telephone.
Start: 7:00 PM
End: 8:11 PM
Commissioner Giuliano chaired the meeting.
1. Pledge of Allegiance
The Pledge of Allegiance was made.
2. Roll Call
Present: Commissioner Shanay Fulton
Commissioner Catherine Johnson
Commissioner Richard Pelletier
Commissioner Sebastian Giuliano
Commissioner Marcus Fazzino
Commissioner Hillary Thompkins (Alternate) (Seated for Pattavina)
Commissioner Kellin Atherton (Alternate) (Seated for Vacancy)
Commissioner Kelly Sweeney (Alternate)
Absent: Commissioner Thom Pattavina
Staff: Marek Kozikowski, Director of Land Use
Gary Middleton, Assistant City Planner
Public: One member of the public attended into the meeting.
3. Items removed from the Agenda
Motion to amend the agenda to add item 7.3 Motion to confirm support for the appeal of The
Hartford Dispensary d/b/a Root Center for Advanced Recovery v. City of Middletown, Planning
and Zoning Commission
Moved by Thompkins, there was no second.
Motion fails.
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 4
Director Kozikowski noted that no items were removed from the agenda.
4. Public comment on items on the agenda which are not currently scheduled for a public hearing
None.
5. Confirmation that all hearing signs have been properly posted
Director Kozikowski reported that no hearing signs were required for the items on the agenda.
6. Public Hearings
None.
7. Old Business
7.1. Approving that an Executive Session of the Planning and Zoning Commission be
held pursuant to the Freedom of Information Act, Section 1-200(6)(B), for the
purpose of discussing attorney-client communications involving strategy and
negotiations regarding the pending litigation known as The Hartford Dispensary
d/b/a Root Center for Advanced Recovery v. City of Middletown Planning and Zoning
Commission, Docket No.: AC 210030, MMX-CV20-6029705-S, and that the
following individuals are invited to attend: (1) the members and alternate members
of the Planning and Zoning Commission; (2) Marek Kozikowski, Director of Land
Use, (3) Gary Middletown, Assistant Planner, and (4) Christopher Forte, Assistant
General Counsel.
Motion to go to execute session of the Planning and Zoning Commission be held pursuant to the
Freedom of Information Act, Section 1-200(6)(B), for the purpose of discussing attorney-client
communications involving strategy and negotiations regarding the pending litigation known as
The Hartford Dispensary d/b/a Root Center for Advanced Recovery v. City of Middletown
Planning and Zoning Commission, Docket No.: AC 210030, MMX-CV20-6029705-S, and that
the following individuals are invited to attend: (1) the members and alternate members of the
Planning and Zoning Commission; (2) Marek Kozikowski, Director of Land Use, (3) Gary
Middletown, Assistant Planner, and (4) Christopher Forte, Assistant General Counsel.
Moved by Johnson, seconded by Atherton
Passed 7-0
Entered executive session at 7:12 pm.
Exited executive session at 7:32 pm.
7.2. Authorization to Assistant General Counsel Christopher Forte to convey the
Planning and Zoning Commission’s response to The Hartford Dispensary d/b/a
Root Center for Advanced Recovery’s settlement offer.
Motion to authorization to Assistant General Counsel Christopher Forte to convey the Planning
and Zoning Commission’s response to The Hartford Dispensary d/b/a Root Center for Advanced
Recovery’s settlement offer.
Moved by Thompkins, seconded by Johnson
Passed unanimously, 7-0
Motion to reconsider adding item 7.3 Motion to confirm support for the appeal of The Hartford
Dispensary d/b/a Root Center for Advanced Recovery v. City of Middletown, Planning and
Zoning Commission
Page 2 of 4
Moved by Thompkins, seconded by Fazzino
Passed unanimously, 7-0
Motion to add item 7.3 Motion to confirm support for the appeal of The Hartford Dispensary
d/b/a Root Center for Advanced Recovery v. City of Middletown, Planning and Zoning
Commission
Moved by Thompkins, seconded by Fazzino
Passed unanimously, 7-0
7.3 [ADDED:] Motion to confirm support for the appeal of The Hartford Dispensary
d/b/a Root Center for Advanced Recovery v. City of Middletown, Planning and
Zoning Commission.
Motion to confirm support for the appeal of The Hartford Dispensary d/b/a Root Center for
Advanced Recovery v. City of Middletown, Planning and Zoning Commission.
Moved by Johnson, seconded by Fulton
Passed unanimously, 7-0
8. New Business
8.1. Request for an affirmative GS 8-24 report for two permanent access easements to
Eversource over portion of land located at Map-Lot 07-0226 Country Club Road.
Applicant/agent City of Middletown/Land Use Dept. GS 8-24 2022-4
Director Kozikowski presented the application.
Motion to grant an affirmative GS 8-24 report
Moved by Fazzino, seconded by Thompkins
Passed unanimously, 7-0
8.2. Request for an affirmative GS 8-24 report for a permanent access easement to
Eversource over portion of land located at Map-Lot 19-0053 Catherine Street.
Applicant/agent City of Middletown/Land Use Dept. GS 8-24 2022-5
Director Kozikowski presented the application.
Motion to grant an affirmative GS 8-24 report
Moved by Fazzino, seconded by Thompkins
Passed unanimously, 7-0
8.3. Discussion on the Middletown Section of the Regional Housing Plan.
Director Kozikowski offered a list of potential strategies to address affordable housing issues in
Middletown in preparation of the housing plan. The list was provided by SLR, the consultants
assisting in the creation of the Regional Housing Plan and Middletown Housing Plan. The
Commission discussed which strategies could be effective.
9. Public comment on topics which are not or have not been subject of a public hearing
None.
10. Minutes, Staff Reports, and Commission Affairs
10.1. Minutes of the January 26, 2022 regular meeting
Motion to approve the minutes
Moved by Johnson, seconded by Pelletier
Page 3 of 4
Passed unanimously with one abstention, 6-0 (Fazzino abstained)
10.2. RiverCOG Report
No report.
10.3. Staff Reports
Director Kozikowski reported on administration, staffing, development, riverfront master
planning, regional housing planning, and updates on activity of the Zoning Board of Appeals,
Commission on Conservation and Agriculture, the Inland Wetlands and Watercourses Agency,
and the Urban Forestry Commission.
10.4. Commission Affairs
Commissioner Fulton inquired about appointing a vice-chair.
11. Adjournment
Motion to adjourn
Moved by Fazzino, seconded by Johnson
Passed unanimously, 7-0
Submitted,
Marek Kozikowski, AICP
Director of Land Use
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Agenda
Chair Thom Pattavina (’23)
Middletown Vice-Chair
Vice-Chair
Secretary
Nicholas Fazzino (’21)
Vacant (’25)
Thom
Secretary ShanayPattavina (’23)
Fulton (’25)
Planning and Zoning Members
Members ers Richard
Richard Pelletier
Catherine
Pelletier (’23)
(’23) Marcus
Marcus Fazzino
Fazzino (’21)
(’23)
Catherine Johnson
Johnson (’23)
(’23) Vacant (’21)
Sebastian Giuliano (’25)
Commission Alternates
Alternates Kellin
Kellin Atherton
Shanay
Atherton (’23)
(’23)
Fulton (’23) (’25)
Hillary Thompkins
James O’Connell (’21)
Kelly Sweeney (’23)
Ex-
Ex- Officio
Officio Mayor
Mayor Ben
Ben Florsheim
Florsheim
William Russo, Director of Public Works
Staff Marek Kozikowski, AICP, Director of Land Use
REGULAR MEETING
AGENDA
WEDNESDAY, FEBRUARY 9, 2022
Council Chambers, City Hall & Virtual on WebEx
7:00 P.M.
Members of the public may view/ listen to the meeting as follows:
1. Going to https://webex.com and joining the meeting using the meeting number and
password located below.
2. Launching the WebEx application and joining the meeting using the meeting number and
password located below.
3. Via telephone at 1-408-418-9388 and the appropriate access code.
Meeting Number/Access Code: 2340 809 5436
Event Password: Middletown
Alternatively, members of the public can attend the meeting at the following link:
https://middletownct.webex.com/middletownct/j.php?MTID=m8c22c2b29ea1dc80214be87ae02d8188
Written comments should be delivered to the Land Use office or emailed to the Director of Land
Use at marek.kozikowski@middletownct.gov at least 24 hours in advance of the public hearing.
1. Pledge of Allegiance
2. Roll Call
3. Items removed from the Agenda
4. Public comment on items on the agenda which are not currently scheduled for a public hearing
5. Confirmation that all hearing signs have been properly posted
6. Public Hearings
7. Old Business
7.1. Approving that an Executive Session of the Planning and Zoning Commission be held
pursuant to the Freedom of Information Act, Section 1-200(6)(B), for the purpose of
discussing attorney-client communications involving strategy and negotiations regarding
the pending litigation known as The Hartford Dispensary d/b/a Root Center for
Advanced Recovery v. City of Middletown Planning and Zoning Commission, Docket
No.: AC 210030, MMX-CV20-6029705-S, and that the following individuals are invited
to attend: (1) the members and alternate members of the Planning and Zoning
Commission; (2) Marek Kozikowski, Director of Land Use, (3) Gary Middletown,
Assistant Planner, and (4) Christopher Forte, Assistant General Counsel.
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
7.2. Authorization to Assistant General Counsel Christopher Forte to convey the Planning
and Zoning Commission’s response to The Hartford Dispensary d/b/a Root Center for
Advanced Recovery’s settlement offer.
8. New Business
8.1. Request for an affirmative GS 8-24 report for two permanent access easements to
Eversource over portion of land located at Map-Lot 07-0226 Country Club Road.
Applicant/agent City of Middletown/Land Use Dept. GS 8-24 2022-4
8.2. Request for an affirmative GS 8-24 report for a permanent access easement to
Eversource over portion of land located at Map-Lot 19-0053 Catherine Street.
Applicant/agent City of Middletown/Land Use Dept. GS 8-24 2022-5
8.3. Discussion on the Middletown Section of the Regional Housing Plan.
9. Public comment on topics which are not or have not been subject of a public hearing
10. Minutes, Staff Reports, and Commission Affairs
10.1. Minutes of the January 26, 2022 regular meeting
10.2. RiverCOG Report
10.3. Staff Reports
10.4. Commission Affairs
11. Adjournment
Alternates: 1) Hillary Thompkins; 2) Kellin Atherton; 3) Kelly Sweeney;
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