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Planning & Zoning Commission

Regular Meeting

Middletown, CT · March 8, 2023

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) 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 REGULAR MEETING MINUTES WEDNESDAY, MARCH 8, 2023 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: 7:04 PM End: 8:24 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 Commissioner Fazzino) Absent: Commissioner Marcus Fazzino Commissioner Tyler Eckstrom Commissioner Sweeney Staff: Marek Kozikowski, Director of Land Use Public: Three members of the pubic in attendance. 3. Items removed from the Agenda Item 6.2 has been postponed until the March 22nd meeting. 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 All public hearing signs have been properly posted. 6. Public Hearings 6.1. Review of the Regional Comprehensive Economic Development Strategy Draft Plan drafted by the Lower Connecticut River Council of Governments. Megan Jouflas, Senior Planner with RiverCOG, and Kevin Hively spoke about the Draft Plan. Kevin began by talking about CEDS (Comprehensive Economic Development Strategy), which is needed to become a federally designated economic development district. You become more competitive for federal grants. RiverCOG is looking to adopt this plan by the end of March, beginning of April of 2023. He presented the public input survey that was conducted. Some of the key issues from the public input are the need to develop tourism and housing and transportation access. The strategic direction has four elements, one, providing the capacity and resources to promote a growing and equitable economy, two, supporting the development of economic infrastructure, three, Encouraging sustainable and resilient communities, and four, enhancing high quality of life options for all residents. Commissioner Johnson commented about the promoting mixed use walkable vibrant communities in the region’s town centers, she would like to strike the rest of the language on that point and add, ‘welcome a diverse population’. Under encouraging sustainable and resilient communities, she asked if they would like to have a map of Middletown showing high priority reuse development opportunities for their plan. Mr. Hively answered that they would be happy to add that to the appendix. Commissioner Johnson asked where the list is of all the towns and infrastructure wants. Mr. Hively answered that it’s in the appendix. Commissioner Johnson asked what is the difference between CEDS and the regular way of getting funding to widen a road. Mr. Hively answered it depends on whether the project is coming through a competitive bid process. The EDA can provide money to widen public roads. If you don’t have a CEDS, you can’t compete for money. Commissioner Johnson stated that the reason she asked is because smaller towns are applying for grants when there can be another way to pay for that. Commissioner Johnson then commented on the supporting of hybrid businesses stating that Middletown recently created mixed use zones to allow for more light manufacturing. Middletown is already working towards the RiverCOG’s strategies. Commissioner Fulton spoke to sections 1.3, 1.4, and 3.5 of the draft. For section 1.3, which talks about Page 2 of 6 creating the outreach and advisory program. Who would be responsible for forming this advisory group? Mr. Hively answered at the beginning it would be The RiverCOG. Commissioner Fulton then asked about section 3.5 when you talk about the partnerships, could that be who you would use to form that group? Workforce development agencies would be great on advisory boards. Mr. Hively answered that they would definitely have to be a part of it. Director Kozikowski talked about the school enrollment decline over the last ten years in the RiverCOG region. He asked if we’re talking about the economic strategies of the region, how does that mix together in a way that’s captured in our economic strategy for the region. Mr. Hively answered that the plan does have a couple of regional implications. One, is RiverCOG isn’t dependent on its residents to do its jobs. The diversity of the workers increases over time. Two, it places emphasis on communities that are open and welcoming to a wide range of populations. Motion to close the public hearing. Moved by Commissioner Fulton, seconded by Commissioner Johnson. Passed unanimously: 6-0 Director Kozikowski asked Ms. Jouflas and Mr. Hively the best way for Commissioners to submit their comments. Ms. Jouflas directed them to the RiverCOG website – RiverCOG.org/CEDS – there is a public comment tab and form that you can fill out. Director Kozikowski asked if the comments that were presented by the Commissioners tonight should be submitted through the website as well. Ms. Jouflas answered that if the Commissioner would like to submit their comments they could. They’ve been taking notes on their comments. 7. Old Business 7.1. Petition for a zoning text amendment to modify Section 4.19 of the Middletown zoning code related to requirements for electric vehicle charging stations. Applicant/Agent. Middletown Land Use Department. Z2023-1 Director Kozikowski drafted a motion of the modifications of the proposal. He eliminated section five that the Commission felt was irrelevant. The new section for minimum EV parking spaces states that for any new development that requires 25 or more parking spaces, shall have a minimum of 3% of the total number of parking spaces designated for electric vehicle parking. If you have a situation where you would either round up or down, you would always round up. Page 3 of 6 Commissioner Giuliano asked if a fraction of a parking space is another parking space. Director Kozikowski answered, yes. Commissioner Giuliano commented that this puts us in compliance with state law and is appropriate to be passed. Commissioner Johnson believes that item two of the amendment should be number one. She is confused by item 3, if you exceed the minimum number required spaces, why is this in there? Director Kozikowski answered item three is from the existing code. Commissioner Johnson requested that item 3 be rewritten in a more clear way. It needs to differentiate between regular parking spaces and EV parking spaces. Commissioner Giuliano asked what we’re incentivizing. Director Kozikowski answered that it’s incentivizing more super charged parking spaces and defer some cost by creating fewer parking on the site therefore requiring less asphalt and less maintenance. Commissioner Johnson suggested the following sentence ‘development providing EVCS in excess of the minimum number required may be counted as regular parking spaces’. Director Kozikowski asked if there is any concerns about what’s written for items 1 and 2. The Commission answered no. Director Kozikowski asked if they wanted to modify section 3 either by modifying the language or eliminating the provision. Commissioner Johnson suggested eliminating section 3 and eliminate the words ‘clear, legible’ from the existing section 4. Motion to approve with amendments Moved by Commissioner Giuliano, seconded by Commissioner Johnson. Passed unanimously: 6-0 8. New Business 8.1. Request for an affirmative CGS 8-24 report for rehabilitating and installing noise and lead abatement features and other improvements at the existing shooting range located at 260 Meriden Road in the R-45 zone. Applicant/agent Chris Holden, Director of Public Works, City of Middletown. GS 8-24 2023-2 Chris Holden presented the application. He described the two bonds they received. One is for noise abatement and the other is for lead abatement. The improvements to the shooting range include erecting a 30 ft. soundproof wall to reduce the noise that’s emanating into the neighborhood, improving the Page 4 of 6 targeting system and stormwater control. Commissioner Giuliano commented that the noise from the shooting range is the biggest concern. He asked Director Holden what are your expectations of reducing the noise? Director Holden answered that he anticipates that the noise level will be reduced to below the noise ordinance levels, 55 decibels. Motion for the affirmative GS 8-24 report. Moved by Commissioner Giuliano, seconded by Commissioner Atherton. 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 Motion to approve the February 22, 2023 meeting minutes. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed: 5-0-1 (Commissioner Atherton abstained) 10.2. RiverCOG Report Commissioner Johnson reported the draft “2023 Transportation Plan”, renewed every 5 years, was presented at the February 28 RiverCOG commission meeting. However, no details about transportation either for the RiverCOG region nor Middletown in particular were given, just the boilerplate about deadlines and process, which she found disappointing. She said since Middletown is different from the rest of the region, being closest to Hartford and with the only affordable apartments, it has the most to gain from a transportation plan that could ultimately include planning for rail to Hartford and other local transit. Other Commissioners present agreed. A second matter was whether the Commission could hold a public hearing on the draft. The RiverCOG staff established a 4-week comment period without taking into account that each municipality must give proper notice for a public hearing at regular commission meetings. And each of the 17 towns have different meeting schedules. Comments are due by March 23. Discussion followed with Commissioner Giuliano saying, because we cannot meet the public hearing notice timeline, we cannot review it as a Commission. Those present agreed. 10.3. Staff Report Director Kozikowski reported that RiverCOG is planning to vote on the transportation plan the night of the next Planning and Zoning meeting. Page 5 of 6 Commissioner Giuliano stated that if RiverCOG is looking for a response from the Planning and Zoning Commission, it can only happen at a meeting. Things are moving fast with RiverCOG and it’s difficult to determine if this is in the Commission’s interest in an inadequate amount of time. Commissioner Johnson stated her concern about how the federal government awards money. If we don’t ask for something we wanted, we get left out. We need to take the things we want and put it in the plan. Only seven people from Middletown gave feedback for this plan. Commissioner Giuliano grant money is not there for you to do what you want to do. Grant money is used to encourage municipalities to do what they want done. We shouldn’t jump at something just because a grant is involved. We should be asking if this is in our interest. 10.4. Commission Affairs Commissioner Johnson recently reviewed last June’s MX zone regulations in an attempt to locate the correct text needing to go online and suggested the commission also take a second look as soon as possible as a more thorough review is needed. Consolidating the land use descriptions and formatted development standards into a couple simple charts will aid making reviewing the regulations simpler and clearer for the applicant. 11. Adjournment Motion to adjourn Moved by Commissioner Fulton, seconded by Commissioner Atherton. Passed Unanimously: 6-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 6 of 6

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) Sebastian Giuliano (’25) Catherine Johnson Johnson (’23) (’23) Vacant Vacant (’21) 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 REGULAR MEETING AGENDA WEDNESDAY, March 8, 2023 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: 2335 586 4548 Event Password: Middletown Alternatively, members of the public can attend the meeting at the following link: https://middletownct.webex.com/middletownct/j.php?MTID=mef8c6ef2d5b5bca6b7dab20219ad348a 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 6.1. Review of the Regional Comprehensive Economic Development Strategy Draft Plan drafted by the Lower Connecticut River Council of Governments. 6.2. Request for a special exception to expand gas station convenience store into the flood plain at 572 Washington Street in the B-2 zone. Applicant/Agent: Nadeem Khalid. SE2022-11 7. Old Business 7.1. Petition for a zoning text amendment to modify Section 4.19 of the Middletown zoning code related to requirements for electric vehicle charging stations. Applicant/Agent. 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 Middletown Land Use Department. Z2023-1 8. New Business 8.1. Request for an affirmative CGS 8-24 report for rehabilitating and installing noise and lead abatement features and other improvements at the existing shooting range located at 260 Meriden Road in the R-45 zone. Applicant/agent Chris Holden, Director of Public Works, City of Middletown. GS 8-24 2023-2 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 February 22, 2023 10.2. RiverCOG Report 10.3. Staff Report 10.4. Commission Affairs 11. Adjournment Alternates: 1) Kellin Atherton; 2) Tyler Eckstrom; 3) Kelly Sweeney Page 2 of 2

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