Planning & Zoning Commission

Chair Thom Pattavina (’23) Middletown Vice-Chair Vice-Chair Secretary Nicholas Fazzino(’23) Marcus Fazzino (’21) Thom Pattavina (’23) Secretary Shanay Fulton (’25) Planning and Zoning Members Members ers Richard Pelletier (’23) Richard Pelletier (’23) Catherine Marcus Fazzino (’21) Hillary Thompkins (’25) Catherine Johnson Johnson (’23) (’23) Vacant (’21) Sebastian Giuliano (’25) Commission Alternates Alternates Kellin Atherton (’23) Kellin Atherton (’23) Shanay Fulton (’23) James O’Connell (’21) Kelly Sweeney (’23) Vacant (’25) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim Christopher Holden, Director of Public Works Staff Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES WEDNESDAY, SEPTEMBER 14, 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: 7:01 PM End: 10:29 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina (left at 8:43pm) Commissioner Marcus Fazzino Commissioner Shanay Fulton Commissioner Richard Pelletier Commissioner Catherine Johnson Commissioner Sebastian Giuliano Commissioner Kellin Atherton (Alternate) (Seated for Thompkins) Commissioner Kelly Sweeney (Alternate) (Seated for Pattavina for a portion of the meeting) Absent: Commissioner Hillary Thompkins Staff: Marek Kozikowski, Director of Land Use Public: 44 members of the public attended. 3. Items removed from the Agenda None. 4. Public comment on items on the agenda which are not currently scheduled for a public hearing Page 1 of 9 None. 5. Confirmation that all hearing signs have been properly posted Director Kozikowski confirmed that all public hearing signs have been properly posted. Motion to move item 7.1, old business, ahead of Public Hearings. Moved by Commissioner Pelletier, seconded by Commissioner Fulton. Passed Unanimously, 7-0 6. Public Hearings 6.1. Request for a special exception for a cannabis retail establishment at 895 Washington Street in the B-2 zone. Applicant/Agent: SFC CT, LLC. SE2022-8. Bridget Gallagher, representing the applicant, introduced Pat Benjamin, engineer of Bascom & Benjamin of 360 Main St., Durham, CT. Benjamin described the exact location of the establishment, which is located between the Starbucks and TD Bank on Washington St. He described the parking which will have to go to the DOT for traffic analysis. Gallagher went on to describe the interior and operations of the dispensary. The entrance will be staffed to check ID’s. There will be no product on the sales floor. It will be kept in the vault and behind the service counter. There is an existing drive thru that they are not looking to utilize at this time but they would like to keep that option open for future use. Deliveries will be made by a van. No truck deliveries to impede traffic. The hours of operation will be Monday through Friday 9:00am to 7:00pm and Saturday and Sunday 11:00am – 6:00pm. They are requesting to be able to extend the hours to 8:00pm to accommodate the potential high demand with the initial opening. The option of online ordering will be available as well. Nick Tamborrino of SFC, CT, LLC stated that he’s been involved in the Medical Marijuana program since 2014. He obtained dispensary licenses in both Branford and Westport where they have dispeneries. He cited his company’s experience with successfully operating dispensaries with professionalism with a track record of compliance and safety and they are looking to do the same in Middletown. Ken McClellan of Tavern Circle expressed his opposition to the approval of this application stating that marijuana is illegal in the United States despite it being legal in Connecticut. He cited several case studies of the negative effects legalized marijuana has had on communities not only in this country but in Canada and the UK. Mr. McClellan showed pictures of some cannabis products that do not have warning labels on them and that are marketed to minors. He strongly urged the Commission not to approve this application. Commissioner Johnson requested clarification if gummies are allowed to be sold in Connecticut and inquired about staff checking ID’s and protection of customers in inclement weather. Ian Butler explained that any cannabis products sold in Connecticut cannot contain packaging, types of products or names directed to minors and that all packaging must contain a warning label and THC content levels on the packaging in Connecticut. Nick Tamborrino answered that once a Page 2 of 9 person walks in they’ll have to go to a teller-like glass window to present their ID and then they will be buzzed into the store. Commissioner Giuliano asked if they are licensed with the state of Connecticut, when Tamborrino replied no but applied have applied and expects to receive the license because he is already a license holder. Commissioner Atherton asked if they have had any crime, violent or otherwise at his other facilities such as robbery or illegal distribution and if he is aware of any injuries, hospitalizations or fatalities as a result of the sale of this product. Furthermore, inquired if there will be clear marking on the packaging that the products contain THC. Tamborrino report no incidents of crime, violence, injures etc. and packages will be marked for containing THC. Motion to close the public hearing. Moved by Commissioner Atherton, seconded by Commissioner Fazzino. Passed unanimously: 7-0 Commissioner Atherton said he will be supporting this application because he doesn’t believe there will be any adverse effects on the city. Commissioner Giuliano agrees with Mr. McClellan’s comments but stated that the state of Connecticut made the decision to allow for cannabis retail legally so he will be supporting this application. Commissioner Pelletier will be supporting this application stating that it’s in a great location and it will be servicing people who are interested in this product. Commissioner Pattavina spoke in support of this application because it fills a need in Connecticut and it will generate a lot of revenue for the city. He agrees with Commissioner Atherton and Commissioner Pelletier. Motion to accept the special exception. Moved by Commissioner Atherton, seconded by Commissioner Fazzino Passed Unanimously, 7-0 6.2. Request for a special exception for a 51,892 SF retail establishment located at 502 and 550 Highland Avenue (aka 850 South Main Street) in the MXI zone. Applicant/Agent: Stone Point Properties, LLC/Updike, Kelly & Spellacy, P.C. SE2022-9. Rich Carella, attorney with Updike, Kelly & Spellacy in Middletown presented the application. He started by saying that they’ve been working closely with the city for several months to ensure that the application process runs smoothly with little changes needing to be made. They met with other commissions and received approval from Urban Forestry, who suggested planting different trees than what they had planned for. They received Wetlands approval with conditions as well as Design Review approval with conditions. If they get approved here, they will have to get approval Page 3 of 9 from the State Traffic Commission. Rich turned the meeting over to Mike Fleischman and Mike Stone. Michael Stone, Stone Point Properties, 386 Main St. Middletown. They are looking to transform the fleet maintenance facility at 550 Highland Ave. into a grocery store. They acquired the property through the Connecticut Transfer Act. It will soon receive DEEP approval. The proposed site plan includes demolishing the fleet building at 550 Highland Ave and a house at 502 Highland Ave. The main entrance and truck delivery entrance will be from South Main Street. The new address for the grocery store will be 850 South Main St. They will widen South Main St. at the entrance to the grocery store and also install a traffic light. They met with every property owner on to Highland Ave. and even though not all residence expressed their support for this project, they received the same concerns which is for the increased traffic in the area. The alternative of an active fleet maintenance facility running twenty-four hours a day using Highland Ave. as the main entrance would be much more disruptive than this proposed use. Some local benefits to the area are that one hundred and fifty permanent new jobs will be created as well as temporary construction jobs. A twenty million dollar increase to the grand list as well as a traffic light to improve safety in the area. Matt Damore of Big Y shared history of Big Y. It’s a family owned company which started in 1936. They partner with the communities in which they operate to work with them and help fill a void in this market. Guy Hesketh, Civil Engineer, from Hesketh and Associates of East Granby described the site plan. Hesketh explained the drainage on the site. Run-off will collect in a series of catch basins located throughout the yard and the catch basins drain into a twenty four inch storm drain. The runoff goes directly into the storm drain without any treatment. They will demolish the existing building, the paved parking and storage units and develop a 49,600 sf grocery store. There will be 256 paved parking spaces with some electric vehicle charging stations. The parking lot will have twenty-four foot aisles, thirty foot main entrance and thirty foot wide roadway in front of the store. Access to the site will be through a signalized area from South Main St. There will be some required road widening of South Main St. to accommodate the left turn into the site. There will also be a dedicated service driveway for truck traffic. There is a secondary entrance coming off of Highland Ave. They expect minimal traffic to Highland Ave. Another proposed site feature is a retaining wall along Highland Ave. Commissioner Fazzino interjected to inform the commission and applicant that Chairman Pattavina had to leave early so Commissioner Sweeney will be seated for Chairman Pattavina for the rest of the meeting. Chairman Pattavina left at 8:13pm. Commissioner Fazzino assumed the role of chair for the remainder of the meeting. Ken LaForge, a registered landscape architect of F.A. Hesketh and Associates in East Granby described the landscaping plan. The area adjacent to the wetlands, they propose to use natural plantings near that area. For the front and rear screening areas, they propose to plant a variety of evergreen plants and tall deciduous trees. The streetscape on both South Main St. and Highland Ave. they propose to plant of a couple of different types of trees. For the interior parking lot, trees will be planted for shade and some medians in the parking lot to break up the parking spaces into Page 4 of 9 smaller clusters. LaForge informed the commission that they worked with the Urban Forestry Commission who recommended that they plant a more diversity of trees on the property than what was originally planned. They will be keeping some of the trees that are already on the property. They will be using native plants in their landscaping plans. None of them are invasive species. Hesketh described the grading plan. Runoff from the property and from South Main St. ends up in an existing 24 in. City pipe that runs down to Highland Ave. They will be adding three drainage water sheds that will discharge into that same pipe. At the steepest part of the retaining wall – twelve feet high – it will wrap around, come to grade and grade it down to a three to one slope. Through the site is a city sanitary sewer. The location of the sewer is in conflict with where they want to put their infiltrations. The proposal includes relocating the sewer to run further down South Main St and down the northern part of the property. They will be getting their water from Highland Ave. Electric and Communication service will come from the South Main St. side. There will be a grease interceptor coming off of Highland Ave. and there will be propane tanks in use for portions of the building. Furthermore, a silt fence erosion control around the downstream perimeter of the site. Construction vehicles will only enter and exit from South Main St. All of the catch basins will have inlet control. Any slopes that are above a three to one slope will include the use of erosion control fabric. Scott Hesketh, a licensed engineer from Hesketh and Associates, spoke on behalf of applicant on the 8/22/22 traffic study he authored. They installed their own traffic counters on both streets in May of ’22. He discussed the means they used to make traffic counts at the location and nearby intersections along with counts on file with the DOT records as well as their own findings. Projections were made and explained so far as extra delays per vehicle and length of ques (which should not block other streets or driveways if projections hold). Professional opinion is surrounding roadway networks have sufficient capacity to accommodate excess volumes of traffic that the development will bring. Atty. Rich Carella states MAT bus line will drop people off and pick them up at store location so no bus stop is needed. He further summarized earlier analysis, plans, and arguments and asked the development be approved. Motion for a five minute recess was made. Moved by Commissioner Giuliano, seconded by Commissioner Pelletier. Passed Unanimously, 7-0 President of Middlesex County Chamber of Commerce, Larry McHugh spoke in favor of the application on behalf of the Chamber. He supports approval of this application because of the quality of the business, developers, addition of 150 new jobs, increase of property taxes of $20 million to grand list, community involvement, and sale of local products. Noah Baerman of 617 Highland Ave., spoke of safety and accessibility concerns specifically concerning the intersection of 17 and Highland and lack of sidewalks. Page 5 of 9 Allison and Paul, married couple that lives at 569 Highland Ave. across from proposed site, agreed with Mr. Baerman’s stated concerns about increased traffic especially at the South Main St. and Highland intersection. Highland already used to avoid traffic lights and that will increase especially if another light is added at the South Main St. entrance to store. They are against development and its effect on their quality of life (noise, light, traffic, etc.). Kate Wiltsie, 135 Brown Street, concerned of development creep into residential neighborhoods of south end of town. Concerned about traffic and safety, especially at South Main St. and Highland and South Main St. and Randolph as well. Asked about light pollution, maintenance of property, and funneling of drainage into existing pipe (increase in volume and capacity of system). Believes project is a mismatch for that property. Nancy Thody, 45 Durwin Street, concerned about traffic and safety in area as well as inconvenience that will arise from the opening of that store. Cynthia Hayward, Linda Bardwell, and Andrew Evans of Randolph Road (Marino Manor and 1365) concerned about safety, Linda and Andrew are blind (Linda is also hard of hearing), when crossing road for bus near Pine Street. Already difficult, they would like city to build a crosswalk with a speaker/sound as well as a bus stop shelter and sign. Barent Teneyck, 505 Highland Avenue, concerned about safety of intersection of South Main St. and Highland. Believes a street light is needed now, regardless of Big Y being built or not. Wants a sidewalk on South Main St. from Shell station to Big Y and another on Highland. Howard Thody, 45 Durwin Street, believes safe sidewalks are needed on South Main Street. Molly Mazzatta, Coleman Road, spoke against the store and does not believe it is needed or safe. Karen O’Leary, Acer Drive, opposes development due to lack of sidewalk, dangerous intersections, and road conditions make entire area unsafe for that project. Laura Baum, 135 Mount Vernon Street, Co-Chair of Complete Streets Committee, called to ask for sidewalks on South Main and Highland regardless of any other fact. Needed in all high traffic areas. Land Use Director Marek Kozikowski, reports he received 14 letters in favor of the Big Y development. The letters were from: Christopher Stroud, 66 Morgan Street Josselyn Salafia, 106 Jacobs Terrace Josh Dobbs-McCauliffe, 228 Scarborough Lane Bill Corvo, 12 Sonoma Lane William D. Smith, owner of A Pocket Full of Posies, 886 Main Street Debra Stanley, 1163 S. Main Street Rachael Cotrone Stroud, 66 Morgan Street Wendy Virgadaula, 834A Long Hill Road Barney Schnurbush, 587 Highland Avenue Page 6 of 9  Nate Kirschner, 589 Butternut Street Michele Cardella, 750 Ridge road Jessica Fanska, owner of Hair Solutions, 681 Saybrook Road Heather Duteau, 81 Sunnyslope Drive Larry McHugh, President of Middlesex Chamber of Commerce Atty Carella answered questions from the public. Guy Hesketh came up to say hours of operation are 7:00am – 9:00pm and five employees overnight. Three types of deliveries: direct which occur during hours of operation, distribution trucks will come in 4 nights a week and shut engines down when they come in, typically between 3:30pm and 4:30pm. Lighting addressed in plans, they are shielded and dark sky compliant. Drainage pipe will be repaired if needed. There will be no increase of run-off and it will be decreased approximately 40%. Atty Carella addresses sidewalk and intersections. Sidewalks not possible on South Main Street and listed several reasons including space and safety on site. DRPB asked for sidewalks. Amenable to sidewalks on Highland. Signalized entrance will include left turn lane and will create gaps allowing better traffic flow for Highland and South Main St. Intersection. Member of public asked how many cars can fit in the left turn lane and Guy Hesketh answered about 6 vehicles which is 4.5 more than expected. Commissioner Johnson inquired about and discussed lights in parking lot, sightlines related to the free standing sign, the size of the cul-de-sac and the landscaping design. Discussion on those topics ensued. Commissioner Giuliano inquired if any ADA parking spaces will have charging stations and Atty. Carella responded they will make adjustment to equip some ADA spaces with EV charging stations. Director Kozikowski states DRPB reviewed the plan and approved it with notes. Those notes were shared with the Commission. These included a request for sidewalks on South Main St. and Highland, that front building façade be wrapped around east and west side, and that applicant reconsider heights of lighting. Atty Carella answered they can accommodate façade request, but cannot build the sidewalks on South Main St. and cannot accommodate the light request as it would require too many smaller lights. Director Kozikowski also asked about delivery times noting trucks coming at night should have their headlights shielded. Large trucks will come late at night and what about shielding truck lights. Applicant and Guy Hesketh answered they will be blocked by evergreens planted in a staggered pattern. Director Kozikowski inquired about the retaining wall which was shifted 7.5’ towards South Main St. Kozikowski suggested that the cul de sac can be shortened 7.5’ for greater screening such as a berm or fence. Atty. Carella added they can lower and add a few more lights. Motion to close public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Page 7 of 9 Passed Unanimously, 7-0 Commissioner Pelletier asked if Staff could recap conditions of approval. Director Kozikowski stated the following conditions: Amend site plan to install pedestrian sidewalk along Highland Avenue frontage with sidewalk interior to street trees; Reduce the height of parking lot lighting along Highland Avenue to 24’ heights; Further screening of headlights to Highland Avenue (solid opaque fence, trees, etc); Modify architectural plans to wrap façade (one panel) around east and west sides; Address any outstanding staff and departments comments Motion to approve the conditions. Moved by Commissioner Atherton, seconded by Commissioner Pelletier. Director Kozikwoski clarified the motion was to approve the special exception subject to the conditions which was affirmed by Commissioner Fazzino. Passed, 6-1-0 (In favor: Fazzino, Fulton, Pelletier, Johnson, Giuliano, Atherton. Against: Sweeney) 7. Old Business 7.1. Discussion on riverfront master plan Mike Aziz, an architect with Cooper, Robertson and Partners located in New York City presented the riverfront master plan. He explained that to allow for the residential and commercial uses they are planning for, they will be submitting zoning amendments to allow for new, private developments, outdoor recreational spaces and parking. Design Guidelines for the master plan which could be used for applications for development for the riverfront. He hopes to present draft zoning amendments to the commission next month. A discussion ensued regarding the location of the Long River Village, timing form moving forward with the developments. 8. New Business 8.1. Request for an affirmative GS 8-24 for the relocation of a sanitary sewer easement to accommodate the redevelopment of property for a retail grocery store. Applicant/Agent: City of Middletown/Land Use Department GS 8-24 2022-13 Motion to table was made by Commissioner Fazzino and seconded by Commissioner Johnson. After some discussion, the motion was withdrawn. Director Kozikowski explained the application. Applicant in cooperation with the Water and Sewer Dept, came up with plan to move easement to accommodate drainage plan. Motion to grant an affirmative 8-24 report. Moved by Commissioner Atherton, seconded by Commissioner Pelletier. Passed unanimously, 7-0. Page 8 of 9 9. Public comment on topics which are not or have not been subject of a public hearing No public comment. 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes of the August 10, 2022 special meeting Motion to approve minutes. Moved by Commissioner Giuliano, seconded by Commissioner Johnson. Passed unanimously, 7-0 10.2. RiverCOG Report No meeting took place in August. 10.3. Staff Report Director Kozikowski has provided the Commission with draft of the zoning code in the new format so they can review it. The code includes no substantive changes to requirements or regulations, it is strictly format, numbering, and spelling and grammatical errors. 10.4. Commission Affairs None. 11. Adjournment Motion to adjourn. Moved by Commissioner Johnson, seconded by Commissioner Giuliano. Passed unanimously, 7-0 Submitted, Marek Kozikowski, AICP Director of Land Use Page 9 of 9