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) Vacant (’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 26, 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: 7:03 PM End: 10:47 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina Commissioner Marcus Fazzino Commissioner Shanay Fulton Commissioner Richard Pelletier Commissioner Catherine Johnson Commissioner Sebastian Giuliano Commissioner Kelly Sweeny (Alternate) (Seated for seat vacated by Thompkins) Commissioner Kellin Atherton (Alternate) (Arrived at 7:10 PM) Absent: None Staff: Marek Kozikowski, Director of Land Use Public: 20 members of the public attended. 3. Items removed from the Agenda No items have 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 10 None. 5. Confirmation that all hearing signs have been properly posted All public hearing signs that were required were properly posted. 6. Public Hearings 6.1. Petition for a zoning map amendment to rezone a 7.56 acre parcel located at Anderson Road, map-lot: 16-0264 from the R-30 to the I-4 zone. Applicant/Agent: Michael Abdul/Jarvis Products Corp. Z2022-5. Michael Abdul of 45 Cedar St. in Middletown presented the application. They are looking to construct a warehouse on the 7.56 acre parcel, owned by Jarvis Products Corp., that is currently zoned R-30 and is seeking to change it to I-4. Elaine Dodge of 43 Colonial Road, which abuts the property, brought up concerns of the company removing the trees from her backyard and it will devalue the properties in the area. She stated her objections to changing the zone from residential to industrial. Paul Dodge of 43 Colonial Road added that he’s concerned that if the property is rezoned, it will be sold and devalue his property. Michael Abdul responded to Elaine and Paul’s concerns stating that he is aware of the community’s concerns and stated that on the advice from the City they will be keeping borders intact and creating an arborvitae barrier. He explained that sixty percent of the property is wetlands and they will be building the warehouse on the east side of the property. Commissioner Giuliano made a motion to move item 8.1 to after item 6.1. Commissioner Johnson seconded the motion. The motion passed unanimously, 7-0. Commissioner Johnson brought up concerns about the lighting and when delivery trucks will arrive at the warehouse. She asked if they considered placing the warehouse closer to Anderson Road. Mike Abdul answered that he was just made aware of two water lines running through the property that are still in use. Because of that they can’t place the warehouse closer to the street. Commissioner Johnson asked if he will be changing the site plan since it shows the warehouse being built over the two water lines and closer to the residential zone. Mike Abdul answered that once he gets approval from the commission, they will make the necessary changes to the site plan. He is currently working with the Water & Sewer department to determine the best layout of the warehouse on that property. Elaine Dodge of 43 Colonial Road asked how far away from her property line will the building Page 2 of 10 begin. Mike Abdul answered indistinctly. Commissioner Giuliano asked if there is anything that Jarvis could do with the land as it is currently zoned as an R-30. Mike Abdul answered the land would stay undeveloped if it stayed as an R-30. This is why they’re looking to get a zone change so that they can develop the land and use it to benefit their business. Mike Abdul proceeded to show the commission on the site plan where the exact location of the warehouse will be built. Commissioner Johnson commented that she would like to see a finished site plan first before making a decision. Commissioner Atherton asked for more info on the business. How many shifts does it operate and how are materials staged. Mike Abdul answered three shifts. Materials are staged in the parking lot. Commissioner Atherton expressed concerns over the noise of trucks making deliveries or moving materials late at night. Mike Abdul informed the commission that they will only be receiving shipments and moving materials during the first shift. Elaine Dodge of 43 Colonial Road asked if there were any other properties the warehouse could be put on. Mike Abdul answered there are but they are inconvenient and more costly to develop. Director Kozikowski read into the record two submitted letters. One is from John and Kathy Graham that raised questions about public safety which were addressed. The other letter is from Larry McHugh, president of the Middlesex County Chamber of Commerce. Director Kozikowski read the letter into the record which stated his support for the zoning change. Motion to close the public hearing. Moved by Commissioner Pelletier, seconded by Commissioner Giuliano. Passed unanimously, 7-0. Commissioner Pelletier will be supporting this application. The land can’t be used unless they change the zone. Commissioner Giuliano will be supporting the zone map change. He stated that there still needs to be work done on the site plan portion of the application. Page 3 of 10 Motion to approve the zoning map amendment. Moved by Commissioner Pelletier, seconded by Commissioner Fazzino. Passed unanimously, 7-0. 6.2. Petition for a zoning text amendment to Sections 1.15, 4.19, 5.6, 6.2, and 6.3 of the Middletown Zoning Code for a new bottle redemption center use in the IRA and MXI zones. Applicant/Agent: City of Middletown/Land Use Department. Z2022-6. Director Kozikowski presented the application. He started by giving some background on bottle redemption centers. The closest redemption centers to Middletown are in Newington, Wallingford and New Britain. With the expansion of additional beverage containers eligible for refund and the increase of the redemption value increasing from $0.05 to $0.10 per container in January 2024, there is an anticipated increase in demand for redemption centers. Director Kozikowski proposes creating a new bottle redemption use in the Middletown Zoning Code. He proposes to allow bottle redemption centers in the IRA and MXI zones through a special exception use. Steve Gomes of 171 Clover Street in Middletown requested that the commission reject the zoning text amendment because Middletown doesn’t need additional zoning for redemption centers. The population doesn’t justify more than one redemption center. Steve has approval from the state to put a redemption center in the north end of Middletown. Adding the MXI zone only benefits the applicant of the new redemption center. Atty. Timothy Lee speaking for MTBCR, LLC. He referred to Public Works comments that stated that Middletown would benefit from additional bottle redemption centers. What’s happening now is residence are bringing their bottles to the dump when they could be bringing them to a redemption center. Atty. Lee echoed what Director Kozikowski stated earlier that there will be an increase in demand for redemption centers when the redemption value increases to $0.10 per bottle by 2024. Priyal Garala stated that there is no law stating how many bottle redemption centers can operate in a city or town. Shahil Kenpesaria of 885 East St. N. Suffield, CT, an expert in the state bottle bill and has been in the industry for eighteen years. He helped create SB10-37 which added containers to the bottle bill and increased the deposit from $0.05 to $0.10. He wrote the guidelines for Connecticut’s Beverage Container Grant Program. The guideline for one redemption center for every 72,000 people is not a DEEP guideline. Steve Gomes of 171 Clover Street read a page from the CT DEEP website. He read that the DEEP encourages following one redemption center for every 72,000 people. Commissioner Atherton asked Steve Gomes if the statistic he just stated is from the bottle bill or the grant program. Steve Gomes answered it’s from the grant program. Page 4 of 10 Commissioner Fazzino asked Steve Gomes if Stop & Shop no longer takes bottle returns he would have to go to a bottle redemption center. Steve Gomes answered yes. Atty. Lee commented that the guideline for one redemption center for every 72,000 people was a quote from the public hearing to approve the bottle bill and if there is an approved bottle redemption center, Stop & Shop can still accept bottle returns. Priyal Garala stated that bottle return machines at grocery stores break down and they don’t accept all bottles purchased from other stores. Director Kozikowski addressed some of the issues that were raised. Opening a redemption center near another redemption center like Stop & shop wouldn’t cause Stop & Shop to stop taking bottles. Director Kozikowski spoke to Senator Lesser in regards to his comments and it was referring to two bottle redemption centers opening under the grant program. Steve Gomes’ is looking to open his bottle redemption center at the Remington Rand building. There is currently no draft lease but once that happens it will require 8-24 review by Commission. Motion to close the public hearing. Moved by Commissioner Fazzino, seconded by Commissioner Pelletier. Passed unanimously, 7-0. Commissioner Johnson offered a condition for the bottle redemption center. The lighting should be shielded. Commissioner Giuliano questioned adding another zone for bottle redemption centers to be allowed when they already have a zone for bottle redemption centers. He doesn’t believe changing the zoning code for one applicant to be able to open a bottle redemption center is worth pursuing. He will not be supporting this petition. Commissioner Pelletier commented that he believes this text change will be good for Middletown. Having more than one redemption center will encourage people to recycle their bottles and also encourage competition. He will be supporting this petition. Commissioner Fazzino will not be supporting this petition because he believes that if two bottle redemption centers opens in Middletown, one is going to fail based on the guideline of one bottle redemption facility for every 72,000 people. Motion to approve the petition for the zoning text amendments. Moved by Commissioner Pelletier, seconded by Commissioner Fulton. Voting In Favor: (Pattavina, Fulton, Pelletier, Johnson, Sweeney) Voting Against: (Fazzino, Giuliano) Passed: 5-2 Page 5 of 10  6.3. Request for a special exception for a new bottle redemption center located at 373 East Main Street in the MXI zone. Applicant/Agent: Priyal Garala/MTBCR, LLC. SE2022-10. Atty. Timothy Lee presented the application. Priyal Garala/MTBCR operates five redemption centers throughout Connecticut for the past twelve years. They are interested in opening a facility here in Middletown. There will be no outdoor storage. Everything will be conducted within the building at 373 East Main St. There will be adequate parking per the approved zoning text amendment. They will be complying with the hours of operation with tentative hours of 9:00am- 5:00pm and closed on Sundays. The property is served by city water and sewer. He addressed Commissioner Johnson’s lighting suggestions and will comply with her condition. The Commission took a five minute break. Steve Gomes of 170 Clover Street, Middletown. He requests the commission reject the special exception because the DEEP issued a registration certificate to himself to operate a bottle redemption center. The ARPA Committee awarded him an $80,000 grant to operate his facility. Lastly, he initiated opening a bottle redemption center in Middletown. He received a zoning compliance letter for 180 Johnson St., where he will be opening his bottle redemption center. He stated all the support he has for opening his bottle redemption center, especially from the city. Commissioner Atherton asked Steve why the success of his business hinges on the failure of this application. Steve Gomes answered he needs eight to ten million cans to cover his operating costs. Commissioner Atherton asked why is that the case if you have funding from both the city and the state. Steve Gomes answered he doesn’t have funding from the state. As a first time business owner, he will not be able to sustain it with another redemption center in open in town. Commissioner Atherton asked the applicant, Atty. Lee, about money being returned to the community by the bottle redemption business. Atty. Lee answered that MTBCR, LLC does return money to certain charities such as the Boy Scouts and Cub Scouts and they contribute 1.5 million bottles to charity. Steve Gomes spoke again to reiterate his objection to this special exception. Alishkumar Garala, Industrial Park Rd, Vernon, CT, and owner and operator of Vernon Redemption. He stated that he wouldn’t have a problem with another redemption center opening in Vernon as long as the town allowed it. Shahil Kenpesaria of 885 East St. N. Suffield, CT stated that the statistic for one bottle redemption center for every 72,000 residence is only applicable if you’re applying for a state Page 6 of 10 grant. Commissioner Atherton urges the commission to approve this application because of the applicant’s experience. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fazzino. Passed unanimously, 7-0. Commissioner Fazzino commented that the bottle redemption centers should open in approved zones and not by special exception. That is why he’ll be voting no. Commissioner Giuliano commented that he will be voting no because of the state provision that allows for retailers to discontinue accepting bottle returns if they are located within a mile of a redemption center. He believes this will affect grocery stores within Middletown from accepting bottle returns. Commissioner Pelletier asked Director Kozikowski if all redemption centers have to be approved by special exception or is this only this one. Director Kozikowski answered the zoning text amendment that was just approved by the commission makes it so that bottle redemption centers would have to be approved by special exception in the IRA and MXI zones moving forward. Motion to approve the special exception with conditions. Moved by Commissioner Pelletier, seconded by Commissioner Johnson. Voting in Favor: (Pattavina, Fulton, Pelletier, Johnson, Sweeney) Voting Against: (Fazzino, Giuliano) Passed: 5-2. 6.4. Planning and Zoning Commission to opt out of Section 6 of Public Act 21-29 regarding accessory apartments. Director Kozikowski explained that the state a year ago approved 21-29. Section 6 of the public act creates specific standards for a zoning application be evaluated which a municipality is compelled to approve which there are requirement they would have to follow. There is a provision within the public act which allows for an opt-out. This must be approved by the Planning and Zoning commission and then it must go before the Common Council to approve the opt-out. Once this happens, Middletown will be exempt from following the state’s accessory apartments requirements. There are eleven standards in which accessory apartment applications are evaluated against in the Middletown Zoning Code. The public act conflicts with the majority of the Middletown Zoning Code. There is much opportunity to improve our accessory apartment zoning code and the commission needs to opt out so that we can write codes that will meet the needs of the city of Middletown. Commissioner Giuliano agrees that there needs to be updates to the zoning code on accessory Page 7 of 10 apartments. He supports opting-out so that the Middletown Planning and Zoning Commission will still be able to make decisions on accessory apartments. Steven Devoto, 11 Pearl Street, Apartment # 1, Middletown, CT. He lobbied for the public act 21- 29. This act will encourage job growth within the city of Middletown. He believes that Public Act 21-29 will actually benefit the City of Middletown. He urges the commission to not opt-out. Steve Gomes, 170 Clover Street, Middletown is in favor of opting out. He thinks it too restrictive and better managed at the local level. Ann Greg, 20 Brookview Lane, Middletown, is opposed to the opt-out. She believes that Public Act 21-29 will help to benefit Middletown’s aging population to allow detached accessory dwelling units for them as well as care givers to those in need. Krishna Winston, 655 Bow Lane, Middletown, expressed her concerns that the Middletown zoning code won’t be updated if they vote to opt-out. She doesn’t support opting-out. Patrick McKenna, 149 Lincoln Street, Middletown doesn’t support opting-out so as to allow for more affordable housing in Middletown. Michael Kilkelly, 459 Chamberlain Road, Middletown doesn’t support opting-out. He’s been looking to build an accessory apartment on his property for his aging parents which he’s been unable to do under the current zoning code. Brooke Carta, 905 Millbrook Road, Middletown doesn’t support opting-out. The current Middletown code for accessory apartments are extremely limited and outdated. Commissioner Giuliano has concerns that Public Act 21-29 is inflexible. If they opt-out they’ll have control over changing what doesn’t work. He asked Director Kozikowski if new accessory apartment regulations can be rewritten and adopted by January 1, 2023. Director Kozikowski answered he could have a proposal for public hearing for the December Planning and Zoning meeting. Commissioner Pattavina wants to have a proposal for new accessory apartments for the December meeting. Commissioner Atherton agrees that Middletown should opt-out for the right reasons so that they can write the regulations themselves. Commissioner Fazzino agrees with Commissioner Giuliano and Commissioner Atherton. He wants to opt out so Middletown can make their own choices and not have the state tell them what to do. Steven DeVoto, 11 Pearl Street, Apartment # 1, Middletown suggested that the commission table making a decision to opt out until after they rewrite the accessory apartment portion of the zoning Page 8 of 10 code. Patrick McKenna, 149 Lincoln Street, Middletown agrees with what Steven DeVoto stated. Commissioner Giuliano stated that the Common Council has the ultimate say so they need to have the time to opt-out by January 1, 2023. Commissioner Pattavina suggested to have a special meeting on November 30 to review the zoning code. Commissioner Johnson commented that the special meeting doesn’t have to take place on a Wednesday. She also volunteered to help draft the new accessory apartment zoning code. Commissioner Giuliano suggested to adopt the provisions of section 6 of public act 21-29 and then change what doesn’t works. Commissioner Pelletier asked how much the Common Council needs to opt-out. He thinks they should opt-out tonight to give the Common Council more leeway. Director Kozikowski answered it will be presented at the December Common Council meeting. Brooke Carta, 905 Millbrook Road, Middletown agrees with scheduling a special meeting to have new provisions in place and vote for opting out. Patrick McKenna, 149 Lincoln Street, Middletown agrees with Brooke Carta’s comments. Motion to Continue the Public Hearing to November 9 th. Moved by Commissioner Giuliano, seconded by Commissioner Johnson. Voting in Favor: (Pattavina, Fazzino, Fulton, Johnson, Sweeney, Giuliano) Voting Against: (Pelletier) Passed: 6-1. 7. Old Business None. 8. New Business 8.1. Request for a site plan approval for a zoning change from an R-30 to an I-4 to construct a metal storage building for growing business located at Anderson Road Map-Lot: 16-0264. Applicant/Agent: Michael Abdul/Jarvis Products Corp. SPR2022-219. Commissioner Pelletier made a motion to continue 8.1 to the next Planning and Zoning meeting, seconded by Commissioner Johnson. Passed unanimously, 7-0 Page 9 of 10 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 October 12, 2022 regular meeting Motion to approve as published. Moved by Commissioner Giuliano, seconded by Commissioner Johnson Passed: 5-2 (Commissioner Fazzino and Commissioner Sweeney abstained) 10.2. RiverCOG Report Commissioner Johnson reported on three items from the meeting. The state requires training for Planning and Zoning Commissioners and Zoning Board of Appeals Commissioners – four hours. This has to be done by March 2024. The state wants to add one hour to the training. The second item is that the public is confused about Pameacha Pond’s current sewer work. The third item was in 2020 a transit update plan was created for RiverCOG. The whole fleet will be electric by 2024. Since March 2022 all buses have been free. If they had $500,000 a year in the budget, they could offer free bus rides all year. 10.3. Staff Report For the next meeting there is a subdivision application to be presented. 10.4. Commission Affairs Commissioner Atherton thanked Director Kozikowski for his ongoing support of the Planning and Zoning Commission as well as his support of the applicants. 11. Adjournment Motion to adjourn. Moved by Commissioner Johnson, seconded by Commissioner Pelletier. Passed unanimously, 7-0 Submitted, Marek Kozikowski, AICP Director of Land Use Page 10 of 10