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 Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES WEDNESDAY, MAY 24, 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: 7:00 PM End: 10:50 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina Commissioner Marcus Fazzino (Left at 955:pm) Commissioner Shanay Fulton Commissioner Richard Pelletier (Remotely) (Left Early) Commissioner Catherine Johnson Commissioner Sebastian Giuliano Commissioner Rogers Pylant (Remotely) (Left Early) Commissioner Kelly Sweeney (Seated for Rogers Pylant) Commissioner Kellen Atherton (Seated for Commissioner Pelletier) Absent: Commissioner Tyler Eckstrom Staff: Marek Kozikowski, City Planner and Director of Land Use Public: Thirty-five members of public. 3. Items removed from the Agenda Item 6.3 has been postponed by the applicant and rescheduled until June 28th. Page 1 of 9 4. Public comment on items on the agenda which are not currently scheduled for a public hearing None. 5. Confirmation that all hearing signs have been properly posted All public hearing signs have been properly posted. 6. Public Hearings 6.1. Petition for a zoning text amendment to amend Sections 1.15, 4.19, 5.6, 6.1, 6.2, and 6.3 of the Middletown Zoning Code regarding Recreational Facilities. Applicant/Agent: City of Middletown/Department of Land Use. Z2023-3. Commissioner Johnson made a motion to move item 6.1 to after item 6.2. Commissioner Fazzino seconded the motion. Motion passed unanimously: (7-0) Director Kozikowski presented the application. Currently there is no relevant definitions for recreational uses. This amendment will also address special exception uses for recreational businesses that don’t have standards such as hookah lounges and night clubs. This language was proposed at the end of April, not in response to the recent events that occurred on South Main Street. Director Kozikowski proposes cleaning up the language by adding new definitions, regrouping similar types of recreational activities, update standards for recreational uses, expanding zones where recreational uses are permitted and prohibiting problematic uses. He proposes to include to the prohibited uses hookah lounges and night clubs. Director Kozikowski described what the proposed special exception standards will be for recreational facilities. Lenny Liebenhoud, 1338 Asylum Avenue, Hartford, property owner in Middletown, spoke in support of this amendment. He is interested in pursuing an indoor recreational facility which this amendment will allow for. Eric Costa, Chief of Police, City of Middletown, is in support of this amendment. He spoke about the homicide that took place at the hookah lounge on South Main Street this past weekend. He spoke of homicides in Connecticut and across the country that occur at hookah lounges. Dominique DeMartino, Durham, supports the amendment. He’s concerned about the homicide that occurred at the hookah lounge. He’s also concerned that The Forbidden Llama is not far behind what happened at the hookah lounge. Sandra Russo Driska, 363 Main Street, spoke on behalf of the Downtown Business District Commission. They voted unanimously at their monthly meeting to support this amendment specifically to prohibit hookah lounges and night clubs. Jeff Mezoff, owner of Clockwork Tattoo located above the hookah lounge on South Main Street. Supports this amendment. Chad Sponner, Durham, owner of the two brick buildings next door to the hookah lounge. He stated that the hookah lounge on South Main Street is extremely disruptive to his businesses. Bobbye Knoll-Peterson, Acting Director of Economic Community Development and Chief of Staff of the City of Middletown, stated that this item has been on the agenda before the homicide occurred at the hookah lounge on South Main Street. She spoke about prior night clubs that were in Middletown and the troubles they have caused. She supports this amendment and believes it will contribute to the success of Middletown. Page 2 of 9  Commissioner Johnson made a motion to close the public hearing. Commissioner Sweeney seconded the motion. Motion passed unanimously: 6-0. Commissioner Johnson made a motion to approve the text amendment. Commissioner Sweeney seconded the motion. Motion passed unanimously: 6-0. 6.2. Request for a special exception to construct a trucking terminal with a 8,100 sf building with 8 loading docks on Timber Ridge Road (Map-Lot: 01-0018) in the IT zone. Applicant/Agent: Harpreet Sandhu/TBS Plus, LLC. SE2023-3. Attorney Diane Lord, Willinger, Willinger and Bucci of Shelton, CT, presented the application. She explained that they want to construct a trucking terminal on a six acre property on Timber Ridge Road in the IT zone. It’s a use that is permitted by special exception. There are twenty-four vehicle parking spaces and eighteen truck parking spaces. Mr. Sandhu’s company is HHA Trucking based in Wallingford with the terminal in Meriden. The plan is to move the office and the terminal to the temporary site. The company owns fifteen trucks and employ’s thirteen truck drivers. The plan is to have the thirteen truck drivers arrive on site in the morning, load up their trucks and leave the site then return in the evening, park their trucks and go home. Attorney Lord shared that they received Inland Wetlands approval on May 3rd, 2023. Bryan Panico with Harry E. Cole & Son, 876 South Main Street, Plantsville, presented the plans for the site. He explained that the site plan they created was to show how they would maximize the space to show that there would be enough spaces for trucks and vehicles and that they’re not scattered across the property. The building is proposed to be twenty-five feet tall. Mr. Panico stated that everything they designed, the building, parking, trucking, circulation all fits within the zoning requirements. They have maintained the sixty foot buffer to the residential zone. Mr. Panico reiterated that this property is located within the IT – Interstate Trade zone. There are other businesses on this road and on nearby Middle Street that utilize tractor trailers. Tractor trailer traffic will turn left out of the parking lot away from the residential area. Drainage for the site will have one large detention basin in the northern section of the site. Commissioner Johnson asked what the warehouse will be used for. Mr. Panico answered they will take in large amounts of freight and then reload the vehicles and then move the products out. Commissioner Johnson asked about the noise level. Mr. Panico answered there are two sets of doors and eight loading docks that the trucks will back up to. Loading and unloading will occur within the building. Commissioner Johnson asked if they will have more trucks coming and going or just the thirteen. Mr. Panico answered he believes it’s only this company’s vehicles that would be at this facility. Commissioner Johnson asked when items will be loaded. Attorney Lord answered the drivers will arrive on site between 7 am and 8 am and load up their trucks, leave and then return between 5 pm and 6 pm. Commissioner Johnson asked if anything happens between 6 pm and 7 am. Attorney Lord answered, nothing happens. Page 3 of 9 Commissioner Johnson asked if the plantings on the site plan is an accurate plan or just a concept. Mr. Panico answered that what is shown is the minimum requirement. Commissioner Johnson asked if the dark green area on the site plan is existing trees that will remain on site. Mr. Panico answered in the affirmative. Attorney Lord reiterated that the company owns only thirteen trucks and that the City’s Land Use Department has recommended approval of this application. The trucks will not be permitted to go through the residential neighborhood. This use fits within the IT zone. Connecticut law states that if you meet the requirements of the special exception, the commission should approve the application. Kevin Smith, 227 Timber Ridge Road, asked for clarification on the operation. He also expressed concerns about noise increase, fumes, oil and diesel drippings. He also believes this will change the character of the neighborhood. Tina Uccellini, 65 Hawks Nest Circle, expressed concerns about being able to access the walking trail nearby. She’s opposed to this application due to the wetlands and wildlife in the area. Sandra Renkiewicz, 205 Preston Avenue, stated that they don’t need more tractor trailer trucks in the area. The roads are not built for tractor trailers. She mentioned that there is a daycare on Bradley Street. Brian Smoliga, 187 Hawks Nest Circle, stated that the roads in the area aren’t meant for eighteen wheelers. He explained that for the company that carries the oversized, prefab storage areas, when 18- wheelers come out of that site the trucks have to stop and back up. This trucking terminal will cause safety issues with the increased traffic, and decrease property values in the area. The application should be rejected because this trucking terminal will change the character of the neighborhood. Mr. Smoliga requested that the Commission mandate that a traffic study be done. Commissioner Johnson asked Mr. Smoliga where tractor trailers have to turn around. Mr. Smoliga stated they need to turn around at Kenneth Dooley Drive. Joyce Pillion, 85 Scarborough Lane, expressed that the community’s concerns should be addressed. She also expressed her concerns that property values in the area will decline. Kevin Bush, 228 Timber Ridge Road, expressed concerns about wildlife and safety concerns of the residents. He also expressed concerns about the condition of the roads and property values. Naheem, 207 Timber Ridge Road, stated that he will be disappointed if the commission grants the special exception. Joyce Hatton Yarrow, 160 Hawks Nest Circle, expressed concerns about the wildlife, safety concerns for the children in the area and noise pollution. She is against where they want to put the trucking terminal. Commissioner Johnson asked about the temporary construction site Ms. Hatton Yarrow mentioned. Ms. Hatton Yarrow responded it’s where the container trucks are. Anthony Elder, 182 Hawks Nest Circle, expressed concerns about noise and light pollution. Domenique Thornton, 168 Timber Ridge Road, stated the main reason the commission should deny the special exception is safety. She says that the applicant doesn’t meet all of the special exception standards required. She also expressed traffic concerns and property values depreciating. Page 4 of 9 Jim Boone, 157 Timber Ridge Road, expressed concerns about compliance of the applicant and property values depreciating. Judi Delesandro, 215 Hawks Nest Circle, hopes the commission will deny the special exception. Sarah Meister, 299 Timber Ridge Road, agrees with everything that has been said thus far by the other residents. She says the road is too narrow for the tractor trailers. She mentioned that there is trash along the sides of Timber Ridge Road. She believes that the brook will be contaminated. Joseph Reikowicz, Preston Avenue, stated that the roads are too narrow for tractor trailers. Diesel fuel fumes will contribute to respiratory illnesses in children. Ian McMahon, 30 Timber Ridge Road, stated concerns about wildlife and safety. The truck drivers speed up and down the street. Edward Ford, 78 Hawks Nest Circle, doesn’t feel the neighborhood will remain the same after the terminal is built. He’s concerned about the safety of the animals and people in the area. Cheryl Walsh, 315 Timber Ridge Road, expressed concerns about property values, safety, and the condition of the road. Veains Elder, 182 Hawks Nest Circle, expressed concerns about property values and quality of their lives. Jon Ahlquist, 282 Timber Ridge Road, expressed traffic concerns. Kinnaresh Oza, 66 Hawks Nest Circle, talked about a walk way that the neighbors use but with so many trucks in the area it’s a safety issue. The character of the neighborhood will change and the property values will drop. Nancy Ahlquist, 282 Timber Ridge Road, stated that light and noise pollution are encroaching on their neighborhood. She said they need to have a buffer zone between the IT zone and the residential zone next door. Eric Sanford, 18 Hawks Nest Circle, expressed concerns about the safety of the children in the neighborhood. He stated that trucks speed through the neighborhood and adding tractor trailers to the area will make the neighborhood even less safe. Joshua Ferrer, 117 Timber Ridge Road, expressed safety concerns for his kids. He opposes this trucking terminal. Martin Gabris, 90 Hawks Nest Circle, expressed concerns about the increase in noise and the increase in traffic. He thinks there should be a traffic study done. Sal Bascarino, 17 Timber Ridge Road, opposes this special exception. The roads are narrow and he’s concerned about the flow and speed of traffic. He’s also concerned about the safety of the children in the neighborhood. Daniel Abate, 136 Bradley Street, expressed his concerns that the trucks will drive through the neighborhood and not as they are proposing to the left onto Middle Street. Selena Weiss, 172 Hawks Nest Circle, expressed concerns about the air quality in the area and safety concerns. Page 5 of 9 Sandy, Preston Avenue, asked if the city is going to spend the tax dollars to fix the roads. Kevin Bush, 228 Timber Ridge Road, expressed his concerns about speeding through the neighborhood. A member of the public asked about the approval process and the timeline for it. Director Kozikowski answered if the commission approves the special exception, they may or may not include conditions on the approval. A notice will be posted of the approval in the paper and with the Town Clerk. A letter will be sent to the applicant outlining what the approval was for and the conditions, if any. If there are revisions that need to be made to the plans, those revised plans would be submitted to the Land Use office for review and then submitted to various departments for comments. Assuming everything gets approved, the next step is to go to the Building Department and if everything meets their requirements they will be issued building permits. She then asked if the special exemption is part of the plan that you’ve already approved. Director Kozikowski asked for clarification. She asked is the special exemption an exemption for them to build the building and to do the whole project or has the project been approved and there’s a special exemption that was not approved and that’s what their addressing. Director Kozikowski answered the special exception is for the use. So it’s not finalized? Director Kozikowski answered, no. Commissioner Giuliano made a point of order. This is a public hearing. We’re not supposed to be engaging in a back and forth with the public. This is a question that will be properly addressed to staff in their office. The question and response are out of order. Brian Weiss, 172 Hawks Nest Circle, expressed concerns that the trucking terminal will expand beyond what it’ll be approved for. Commissioner Pattavina made a point of order. Two of the regular members are no longer present at the meeting. Commissioner Atherton will be seated for Commissioner Pelletier and Commissioner Sweeney will be seated for Commissioner Pylant. Mike Lippia, 177 Hawks Nest Circle, has concern about noise in the neighborhood. Catherine McCarthy, 137 Timber Ridge Road, opposes the application. Bryan Panico, Harry E. Cole and Son, 876 South Main Street, Plantsville, responded to some of the concerns. Hours of operation of the trucking terminal will start between 7am and 8am and finish up between 5pm and 6pm. The intent of this is not to be a twenty-four hour operation. He stated the closest Page 6 of 9 house to the trucking terminal is 330 feet away. There is a required sixty foot buffer between the business and the residential area and the building will be another sixty feet away from the buffer zone. The intent is for the trucks to drive through the IT zone not to drive through the residential area. This property fits with the character of the IT zone. Attorney Diane Lord addressed some of the comments made by the public. She stated that the IT zone has been there for many years. This trucking terminal is a fit within the IT zone. She clarified that the trucking terminal won’t have oversized trucks, only regular sized trucks. She stated that approving this special exception won’t add to the trash that is being left on the road. There are only eight loading docks so only eight trucks will be loaded at a time. There will only be about three to four workers in the office during the day. As for the depreciation of the properties in the area, there is no information to back up the opinions of the residents. She stated that they have met all of the requirements for the special exception and hopes the commission approves their application. Kevin Bush, 228 Timber Ridge Road, talked about oil separation tanks and hopes they will be maintained twice a year so that the oil doesn’t leak into the ground and water. Brian Smoliga, 187 Hawks Nest Circle, stated that there is a zone in Middletown zoned for trucking terminals, the I-1 zone. As for property valuations, he will be hiring a licensed assessor to come and do an assessment of home values before and after the trucking terminal is constructed which he will bring to the commission once complete. Commissioner Johnson asked what the height of the building will be. Mr. Panico answered that they have proposed the building at twenty-five feet. He then addressed the concerns Mr. Bush brought up in regards to oil separators stating that it’s in the best interests of the business owner to maintain those separators. If they don’t it would be substantially much more expensive for the cleanup. Commissioner Fulton asked for Mr. Panico to verify the size of the trucks. Mr. Panico answered they’re standard fifty-three foot trailer trucks. There are eight loading docks and two overhead bays. They would be loading inside of the building and only during one shift. Selena Weiss, 172 Hawks Nest Circle, expressed her concerns that the trucking terminal will grow bigger and encroach more into the residential neighborhood. Jay Elder, 182 Hawks Nest Circle, wants to know what the plan is for the drivers who drive through the neighborhood. What’s the discipline? What is the intended plan? Mr. Panico responded that the intended plan of the applicant is what was submitted to the Planning and Zoning Commission. Carolyn Fugge, 128 Hawks Nest Circle, expressed concerns about traffic and pollution. Commissioner Johnson made a motion to continue the public hearing. Page 7 of 9 Commissioner Fulton seconded the motion. Motion passed: 5-2 (In favor: Pattavina, Fulton, Johnson, Atherton, Sweeney) (Against: Fazzino, Giuliano) Commissioner Giuliano made a motion for a five minute recess. Commissioner Johnson seconded the motion. Motion passed: 7-0 7. Old Business None. 8. New Business 8.1. Request to call a bond of $30,000 retained for the completion of work related to Subdivision S2014-8, located at 644 East Street in the R-15 Zone. Applicant/Agent: City of Middletown/Department of Public Works Director Kozikowski presented the application. He explained that the builder didn’t complete the work properly so the city stepped in so the city wants to call the bond to pay for the work. The total was $29,850.00. When we call the bond, we can pay the contractor. Commissioner Johnson made a motion to call the bond. Commissioner Sweeney seconded the motion. Motion passed unanimously: 6-0. 8.2. Request for support on a Right to Farm Ordinance that is being submitted for consideration by the Common Council of the City of Middletown. Applicant/Agent: City of Middletown/Department of Land Use. Director Kozikowski presented the application. The Commission on Conservation and Agriculture drafted a Right to Farm Ordinance that Director Kozikowski is looking for support from the Planning and Zoning Commission. It codifies an existing state statue and protections for farmers against odors, sounds, etc. The ordinance was drafted by the city’s general counsel. It doesn’t create any new laws or authorities to any boards or commissions and doesn’t conflict with zoning regulations. This ordinance was reviewed and approved by the Board of Health and will go to the General Counsel Commission. Commissioner Giuliano supports this ordinance. He suggests strengthening the water pollution provisions. Commissioner Atherton made a motion of support. Commissioner Sweeney seconded the motion. Motion passed unanimously: 6-0. 8.3. Request to revote Special Exception SE2021-7 for a recreational facility used as a hookah lounge located at 695 South Main Street in the B-2 zone. Request by: City of Middletown. Director Kozikowski requested to schedule a public hearing to revote special exception SE2021-7. Commissioner Sweeney made a motion to schedule the public hearing for the next available meeting. Commissioner Giuliano seconded the motion. Motion passed unanimously: 6-0. Page 8 of 9 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 April 26, 2023 meeting minutes. Moved by Commissioner Giuliano, seconded by Commissioner Sweeney Passed unanimously: 6-0. 10.2. RiverCOG Report There was nothing pertinent to report. 10.3. Staff Report None. 10.4. Commission Affairs Commissioner Johnson requested that the commission receive hard copies of all meeting materials in the mail. Commissioner Pattavina agrees with Commissioner Johnson. 11. Adjournment Motion to adjourn Moved by Commissioner Johnson, seconded by Commissioner Fulton. Passed Unanimously: 6-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 9 of 9