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 28, 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: 7:05 PM End: 8:41 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina 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 Fazzino) Absent: Commissioner Marcus Fazzino Commissioner Hillary Thompkins Staff: Marek Kozikowski, Director of Land Use Public: 8 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 6 None. 5. Confirmation that all hearing signs have been properly posted Director Kozikowski confirmed that all public hearing signs have been properly posted. 6. Public Hearings 6.1. Request for a re-subdivision to create 2 lots from a 3.19 ac property at 931 Millbrook Rd. in the R-30 Zone. Applicant/Agent: Joseph Carta. S2022-4 Steve Skultety, Land Surveyor of Bascom & Benjamin located at 360 Main Street, Durham, CT presented the application. The lot supports its own well and septic and has been approved by the Health Department. One department comment recommended that they maintain the site line from the proposed driveway down to the intersection of Millbrook Road and Livingston Road. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Atherton. Passed unanimously, 7-0. Motion to approve the resubdivision with conditions that the staff comments are addressed. Moved by Commissioner Giuliano, seconded by Commissioner Atherton. Passed unanimously, 7-0. 6.2. Petition for a zoning text amendment of section 44.08.28 to revise the minimum required lot area to build a two family or single family dwelling from 7,500 square feet to 6,500 square feet in the RPZ. Applicant/Agent: Matthey Pegolo/PegArch Architecture. Z2022-3. Matthew Pegolo of PegArch Architecture located at 49 High Street, Portland, CT presented the application. He began by responding to staff comments. This amendment will assist them with their plans for 88 Woodward Ave. and the adjacent property to create affordable housing. Matt stated almost half of Middletown’s residence are renters so there is a need for more apartments and tiny homes. Walt Kita of 57 Grand Street asked if 88 Woodward Avenue and the property next to it (map-lot: 22-0353) will be both a two-family. Matt Pegolo answered correct. Walt Kita expressed his concerns on splitting up a 1,200 sf house into two units and increased traffic in the area. Commissioner Johnson expressed concerns on receiving a letter from the applicant the day before the meeting and proposing a text amendment for a project the applicant wants to do but this will Page 2 of 6 affect all the RPZ areas in Middletown. There should be a consideration of the standards of this zone. Matthew responded that the last minute letter was in response to the staff comments made on September 23. In regards to the zoning considerations, he’s not looking to eliminate the special exception or other requirements for the RPZ. They’re just looking to change the allowable lot area for the RPZ. Matthew Director Kozikowski clarified that the letter was forwarded to the commission a day before the meeting. In the staff comments, he just stated that the letter was required under section 71 of the zoning code for amending the zoning code. He asked if the bulk of his presentation was based on the contents of the letter. Matthew responded only two paragraphs. Commissioner Atherton asked why the applicant didn’t just apply for a special exception. Matthew responded that the lot at the end of Woodward Avenue meets the minimum lot size to request a special exception but for 88 Woodward Avenue, that property doesn’t meet the minimum required lot size to apply for a special exception in which they want to create a two- family. Commissioner Giuliano expressed his confusion over the motivation for this application. Is it getting the project approved for your client or is it to help the City of Middletown improve its affordable housing plan? Matthew answered that he’s here for his client’s property and in doing research for this public hearing came upon the Affordable Housing Plan. Commissioner Giuliano commented that Middletown isn’t deficient in the area of Affordable Housing and that this application is more of a ZBA issue and not a PZC issue. Director Kozikowski stated for the record that the applicant eluded to that he provided Matthew feedback and on the same day the applicant turned around and submitted the application. The feedback he provided was that he would not be in support of this application for the reasons that the PZC just approved zoning text amendments and map amendments of mixed use zones that can allow up to six units that have the potential for additional dwelling units in the city and recommends waiting to approve this and see what projects are presented in these new zoning areas. Stephen Chabak of 6 Huber Manor inquired about affordable housing in Middletown. A discussion ensued. Motion to close the public hearing. Moved by Commissioner Fulton, seconded by Commissioner Giuliano. Page 3 of 6 Passed unanimously, 7-0. Commissioner Atherton stated that he will be supporting the applicant. Commissioner Fulton stated that she will be supporting the applicant because he’s addressing the housing needs of Middletown. Commissioner Giuliano stated that he will not be supporting the applicant. He doesn’t believe this text amendment will improve the affordable housing plan and the zoning code has just been amended. He reiterated his belief that this application should be with ZBA. Commissioner Johnson commented that the parking for two-family dwellings needs to be studied and it can’t just be a reduction in lot size. Commissioner Pattavina stated that this application may meet some of the affordable housing needs but he agrees with Commissioner Giuliano and Commissioner Johnson’s reasons. Motion to approve the petition. Moved by Commissioner Atherton, seconded by Commissioner Pelletier. Voting in favor: Atherton, Fulton Voting against: Pattavina, Pelletier, Sweeney, Johnson, Giuliano Failed to Pass: 2-5-0 6.3. Re-adoption of the Middletown Zoning Code with amendments related to re- organization, format, numbering, references, and spelling & grammar corrections. Applicant/Agent: City of Middletown Department of Land Use. Z2022-4. Director Kozikowski presented the re-adoption of the zoning code. He explained that the format of the zoning code is essentially the same since 1967. He proposes to create a codification change – renumbering the code and organization change by putting sections in areas similar to others. These changes are in form only, not content. He wants to establish a consistency in language, references, codifications, and form and minor spelling and grammatical errors. The alternatives are to do nothing or hire a consultant for the overhaul. The format of the current code makes it difficult to find sections, there’s no keyword search functionality, poor accessibility to the public and the current code is divided into articles with confusing numbering and paging. The new codification keeps the Articles and sets up a decimal system starting at 1.1 instead of 10. The page numbers are tied to the Article. Nonconforming uses section will move to the vacant Article 3. The use schedules will be replaced with tables. Staff/Department references have been updated. PCD was changed to Department of Land Use. Matthew Pegolo, PegArch Architecture located at 49 High Street, Portland, CT asked if the zoning code will have clickable links or will it just be a PDF. Director Kozikowski answered no. It will be available in PDF format. They are exploring having a third party make the zoning code searchable just like the city ordinances. Page 4 of 6 Commissioner Johnson asked what the timeline is to complete this. Director Kozikowski responded that what they’re doing is just re-adopting the zoning code in a way that will make it in a readable coherent way. Commissioner Johnson complimented Director Kozikowski on the work that he’s done. Commissioner Giuliano asked for clarification that this isn’t a rewrite of the regulations bur reorganizing the regulations to flow better. He stated that he will be supporting this and stated on the record that there are no substantive changes in what Director Kozikowski has done. Motion to close the Public Hearing. Moved by Commissioner Giuliano, seconded by Commissioner Atherton Passed unanimously: 7-0. Chairman Pattavina and Commissioners Atherton and Pelletier expressed support. Commissioner Pelletier will also be supporting this stating that it’s a good start. Motion to accept the re-adoption. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously, 7-0. 7. Old Business None. 8. New Business None. 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 September 14, 2022 regular meeting Motion to accept the minutes as presented. Moved by Commissioner Giuliano, seconded by Commissioner Atherton requested that an amendment for Commissioner Sweeney’s questions about sewer lines be added. Commissioner Giuliano agreed. Passed unanimously: 7-0 10.2. RiverCOG Report Page 5 of 6 The RiverCOG meeting was held on September 19. There were two point of interest from the meeting. They are conducting an economic development study for all the towns. They interviewed Commissioner Johnson, Director Kozikowski, Vinnie Lofredo, and a representative from Wesleyan University. Director Kozikowski updated the consultant on some of the larger projects going on in Middletown. The consultant then asked them for ideas. Vinnie Lofredo mentioned the historical abatements for the reuse of old buildings for building redevelopment. Commissioner Johnson offered bringing rail for commuters to Hartford and more small scale commercial demonstration projects and educated small developers. We need more regular people more access to development. We need to create work spaces. The riverfront masterplan doesn’t have industrial workplace idea and future sustainable public transportation. There is federal infrastructure money coming down the pike. They will be having a joint effort with public works to talk about infrastructure improvements. She would like to see bike pedestrian links over our rivers and rail lines. 10.3. Staff Report Director Kozikowski notified the commission that there was no conservation meeting last month and no wetlands meeting this month. Director Kozikowski thanked the commission for moving forward with the re-adoption of the zoning code. There are some code changes that need to be addressed sooner rather than later. First is accessory dwelling units. Time is running short on either opting out of the state mandates or complying with the state mandates. The second to address is the stormwater management regulations. The MS4 report stated that changes need to be made to the stormwater management regulations. Third is the outdoor dining regulations in anticipation of changing regulations in the spring. The City of Middletown was awarded a $12 million grant from the Community Investment Fund for remediation and demolition along the riverfront. 10.4. Commission Affairs Commissioner Johnson wanted to make sure that the other commissioners received the letter from residence around 455 Middlefield St. It states some observations have been made about the location. 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 6 of 6