Planning & Zoning Commission
Regular MeetingMiddletown, CT · October 12, 2022
Minutes
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, OCTOBER 12, 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: 7:09 PM
End: 8:09 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 Fazzino)
Absent: Commissioner Marcus Fazzino
Commissioner Hillary Thompkins
Commissioner Kelly Sweeney (Alternate)
Staff: Marek Kozikowski, Director of Land Use
Public: 2 members of the public attended.
3. Items removed from the Agenda
Item 7.1 has been removed from the agenda.
4. Public comment on items on the agenda which are not currently scheduled for a public
hearing
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None.
5. Confirmation that all hearing signs have been properly posted
No public hearing signs were required for items on the agenda.
6. Public Hearings
None
7. Old Business
7.2 Discussion on potential zoning code updates to address the Return to the Riverbend-
Riverfront Master Plan.
Director Kozikowski presented for discussion, potential zoning code changes to allow for the
vision laid out in the riverfront master plan. He outlined a list of potential modifications that were
identified by the riverfront working group and the consultants. The changes generally would
address uses in the MXI, residential density requirements and impervious coverage limits in the
riverfront area. Also private-property design guidelines are being drafted.
Commissioner Johnson expressed concerns that the riverfront recreation doesn’t allow for marine,
parks, docks, vendors, transit shelters. She doesn’t understand the 10 foot front yard setback or
the 20 units to the acre. Rename MXI parcels north of route 9. Private Development Design
Guidelines she wants a code.
Commissioner Pelletier commented that he supports the addition of impervious coverage at 60%
and a 10 ft minimum front yard setback.
Commissioner Giuliano favors outdoor recreational uses permitted in all zones.
Commissioner Pattavina supports these addition that Director Kozikowski presented.
Director Kozikowski commented that the 20 units per acre came from an analysis that was
performed during the planning process.
7.3 Discussion on potential zoning code updates for accessory dwelling units and opt-out
provision of Public Act 21-29.
Director Kozikowski discussed the new provisions for accessory apartments. It has specific
requirements in which a city cannot prohibit related to accessory apartments. January 1, 2023 is
the deadline to opt out of this provision. This will allow the city to supplement requirements they
choose for themselves and require the PZC to hold a public hearing to opt out and if approved it
will go to the common council for a vote. If they fail to meet the deadline, all provisions in the
Middletown zoning code related to accessory apartments will become null and void and the
provisions of act 21-29 will take their place. Director Kozikowski recommends opting out so that
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Middletown has control over their own regulations. Perhaps adopt some of the provisions of the
act to the Middletown zoning code as an amendment.
Commissioner Pelletier agrees with opting out of the provision.
Commissioner Johnson believes the public act 21-29 is well written. She feels that some of the
Middletown zoning code for accessory apartments is out of date. She doesn’t support the opting
out.
Commissioner Giuliano disagrees with Commissioner Johnson and supports the opting out.
Commissioner Pattavina supports opting out.
Commissioner Atherton supports opting out but thinks that the current Middletown zoning code
for accessory apartments should be amended.
Commissioner Fulton supports opting out but wants to discuss amending the zoning code for
accessory apartments.
Commissioner Giuliano commented that amending the zoning code to update the accessory
apartments section of the zoning code should be seriously considered.
Director Kozikowski stated that he’ll draft some potential amendments to update the accessory
apartment regulations.
8. New Business
8.1 Schedule a public hearing for the Planning and Zoning Commission to opt-out of
Section 6 of Public Act 21-29 regarding accessory apartments.
Motion to schedule a public hearing for October 26, 2022.
Moved by Commissioner Pelletier, seconded by Commissioner Giuliano
Passed unanimously, 6-0
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 September 28, 2022 regular meeting
Motion to approve the minutes.
Moved by Commissioner Giuliano, seconded by Commissioner Pelletier.
Passed unanimously, 6-0
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10.2. RiverCOG Report
No meeting.
10.3. Staff Report
Director Kozikowski provided the commission with the newly adopted zoning code as well as a
copy of the public hearing notice for the October 26th meeting. He summarized the zoning report
provided by ZEO Tom Hazel to the Commission. RiverCOG representatives were at city hall
seeking public input for an economic plan they’re working on for the lower CT River Valley
Region.
Commissioner Johnson requested that the ZEO add address numbers to his report.
10.4. Commission Affairs
None.
11. Adjournment
Motion to adjourn.
Moved by Commissioner Johnson, seconded by Commissioner Giuliano.
Passed unanimously, 6-0
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(’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
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
AGENDA
WEDNESDAY, October 12, 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: 2330 923 5317
Event Password: Middletown
Alternatively, members of the public can attend the meeting at the following link:
https://middletownct.webex.com/middletownct/j.php?MTID=mfad03559ad057bdaefa256172797b177
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 Mile Lane LLC v. Planning and Zoning Commission of
the City of Middletown, Docket No.: MMX-CV22-6034461-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; and (3)
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.
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7.2. Discussion on potential zoning code updates to address the Return to the Riverbend-
Riverfront Master Plan.
7.3. Discussion on potential zoning code updates for accessory dwelling units and opt-out
provision of Public Act 21-29.
8. New Business
8.1. Schedule a public hearing for the Planning and Zoning Commission to opt-out of Section 6
of Public Act 21-29 regarding accessory apartments.
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 September 28, 2022 regular meeting
10.2. RiverCOG Report
10.3. Staff Report
10.4. Commission Affairs
11. Adjournment
Alternates: 1) Kelly Sweeney; 2); Kellin Atherton 3) Vacant
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