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Planning & Zoning Commission

Regular Meeting

Middletown, CT · February 9, 2022

AgendaMinutes

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 Page 4 of 4

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; Page 2 of 2

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