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) Tyler Eckstrom (’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 SPECIAL MEETING MINUTES MONDAY, NOVEMBER 28, 2022 Council Chambers, City Hall & Virtual on WebEx 5:00 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: 5:02 PM End: 5:55 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 (Seated for Vacant) Commissioner Kelly Sweeney (Seated for Commissioner Fazzino) Absent: Commissioner Marcus Fazzino Commissioner Tyler Eckstrom (not sworn in at time of meeting) Staff: Marek Kozikowski, Director of Land Use Public: 4 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 3 None. 5. Confirmation that all hearing signs have been properly posted No public hearing signs were required for the items on the agenda. 6. Public Hearings 6.1. Petition to amend Sections 1.15, 3.9, 4.10, 4.11, 4.19, 6.1, 6.2, and 6.3 of the Middletown Zoning Code regarding accessory apartments. Applicant/Agent: Land Use Department, City of Middletown. Z2022-7. Proposed text is available for view in the Offices of the Town Clerk and the Land Use Department. Director Kozikowski presented the proposed amendments. The current accessory apartments zoning code will be replaced with new, updated codes. The intent for accessory apartments includes providing proximity to child care, elder care or other needs. Director Kozikowski presented the seven standards for accessory apartments including only one accessory apartment allowed per lot and only to a single-family dwelling. The accessory apartments shall be attached or detached from the primary dwelling unit and be located on the same lot. Regulations for nonconformities for accessory apartments were also added to the proposed text. Commissioner Johnson suggested to add nominal text from Public Act 21-29 to the proposed language of the intent for accessory apartments. Steven Devoto, 11 Pearl Street suggested further revisions to the intent to address racial desegregation. Mr. Skultety, currently living in South Carolina expressed concerns about the size restrictions but were generally in favor of the amendments. Michael Kilkelly, 459 Chamberlain Road spoke in favor of the amendments. Brooke Carta, 905 Millbrook Rd expressed concerns about the size restrictions but were generally in favor of the amendments. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Pelletier. Passed unanimously: 7-0. Motion to approve the petition for zoning text amendment as amendments. Moved by Commissioner Pelletier, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Approved Amendments to the petition: 4.11.1 Intent. To facilitate diversity in the housing stock through a traditional form of housing that provides accessibility to households seeking housing that is affordable, enables closer proximity for child care, elder care or other needs, and expand access to educational and occupational opportunities. 6.2. Continued: Request for an affirmative for the Planning and Zoning Commission to opt- out of Section 6 of the Public Act 21-29 regarding accessory apartments. Steven Devoto, 11 Pearl Street spoke against the opt-out considering the Commission just approved the text amendments that are in compliance with the public act. Page 2 of 3 Commissioner Giuliano spoke in favor of the opt-out noting that by opting out, the Planning and Zoning Commission retains the ability to make future modifications to the code on accessory apartments if they find the need to address a problem that arises. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Pelletier. Passed unanimously: 7-0 Commissioner Atherton spoke in favor of the opt-out as he believes that the Commission is doing it for the right reasons. Motion to approve opting out of Section 6 of Public Act 21-29. Moved by Commissioner Pelletier, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 7. Public comment on topics which are not or have not been subject of a public hearing None. 8. Minutes, Staff Reports and Commission Affairs 10.1. Minutes 10.2. RiverCOG Report 10.3. Staff Report 10.4. Commission Affairs 9. 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 3 of 3