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Planning & Zoning Commission

Regular Meeting

Middletown, CT · October 12, 2022

AgendaMinutes

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 Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4

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. Page 1 of 2 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 Page 2 of 2

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