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 SPECIAL MEETING MINUTES AMENDED THURSDAY, JUNE 22, 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: 7:05 PM End: 9:45 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina Commissioner Shanay Fulton Commissioner Richard Pelletier (Remotely) Commissioner Catherine Johnson Commissioner Sebastian Giuliano Commissioner Kelly Sweeney (Remotely) (Seated for Rogers Pylant) Commissioner Kellen Atherton Commissioner Tyler Eckstrom (Seated for Commissioner Fazzino) Absent: Commissioner Marcus Fazzino Commissioner Rogers Pylant Staff: Marek Kozikowski, City Planner and Director of Land Use Public: Sixty-four members of public. 3. Items removed from the Agenda None. Page 1 of 8 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. Continued. 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. Charles Willinger, representing the applicant, asked how many votes they would need from the commission for the application to pass. Commissioner Pattavina answered five. He then asked the alternate commissioners if they reviewed the application material from the last meeting. Commissioner Eckstrom stated that he is very familiar with the materials and the application. Commissioner Sweeney stated that she was present at the last meeting and has reviewed all the application materials. Commissioner Pattavina asked Commissioner Pelletier the same thing since he left the last meeting early. Commissioner Pelletier answered that he has reviewed all of the application materials and has reviewed the portion of the meeting he missed. Mr. Willinger asked if the Commissioners who weren’t seated last time if they listened to the last meeting or read a transcript of the last meeting. Commissioner Eckstrom answered he read the meeting minutes from the last meeting. Mr. Willinger asked if he had watched the meeting. Commissioner Eckstrom answered he did not. Mr. Willinger requested a one to two minute adjournment to confer with his client. Commissioner Giuliano asked if the applicant has the right to present their application again to the commission so that the commissioners who weren’t present at the last meeting will hear their presentation fully and would that obviate any prejudice. Commissioner Pattavina answered that he believes it would if the applicant is acceptable to those terms. Commissioner Johnson would like a recap from the applicant. Commissioner Giuliano stated that for the benefit of the commissioners who weren’t here at the last meeting would benefit from hearing the presentation from the applicant and from members of the public. Commissioner Pattavina asked if the applicant is prepared to make a presentation. Mr. Willinger answered that they could summarize the application. He then asked Commissioner Pattavina to confirm that there will be seven commission members voting. Commissioner Pattavina confirmed that there will be seven commissioners voting. Page 2 of 8 Director Kozikowski stated that if the public hearing is continued again, the applicant must grant the extension. If the public hearing is closed tonight, the commission is not obligated to render a decision tonight. They have sixty-five days to make a decision after the public hearing is closed. Mr. Willinger proceeded to summarize the application. The applicant has a family business of a truck terminal. The proposal is for a truck terminal in the IT zone. It is a use that is allowed in the IT zone by way of special exception. There are 28 car parking spaces and 23 truck parking spaces on site which is more than sufficient because the applicant has fifteen trucks. There will be thirteen truck drivers and five onsite workers. Three office workers and two that will be loading the trucks. This application received Inland Wetlands approval. They found no significant impact on the wetlands and watercourses. The operation on a typical day, office workers will arrive on site around 8 o’clock. The truck drivers will arrive between 8:30 to 11 o’clock. They will be coming at different times to load the trucks. It takes about thirty minutes to an hour and a half to load a truck. The products that are being loaded onto the trucks are paper goods, dry food, beverages and auto parts. The trucks will come back at different times. Trucks will leave the site by noon and those that come back will arrive before six o’clock. Mr. Willinger then began to speak about the traffic concerns residents in the area brought up. He addressed the worst case scenario. Eighteen cars come into the site between 8am and 11am. Thirteen trucks will leave the site between 9am and noon. Thirteen trucks return by approximately 6pm. You will have a total of sixty- two trips in a ten hour day. That’s one vehicle every ten minutes. This isn’t a heavy traffic generator. Mr. Willinger stated that since 1972 truck terminals were an allowed use when it was zoned as I-2. When it was rezoned to IT in 1981 which is developed for industrial and business uses. Mr. Willinger listed what uses are allowed in the IT zone. In 1986, homes were starting to be built next to that area. He then stated that there are a number of permitted as of right uses including laboratories, manufacturing plants, and wholesale distribution centers. Brian Panico, Henry Cole and Son, 876 South Main Street, Plantsville, spoke about the site plans. He addressed the parking for the site, maximizing the parking for the site to show what it would do to the site. They have overflow parking onsite. Building height is twenty-five feet. Stormwater for the parking lot is collected with catch basins with oil water separators. Stormwater is then sent to the detention basin which slowly releases that water back into the wetlands. The parking lot is designed to be millings. The catch basin is designed for a paved parking lot which would require a larger catch basin. Mr. Panico addressed the future linear trail which is proposed to run along Timber Ridge Road from Middle Street. The site plan was adjusted to accommodate that trail so that none of the site modifications would interfere with that trail. Per the recommendation of staff and neighbors, they added more evergreen plantings in front of the parking area. Mr. Willinger proposed three conditions of approval. He pointed out the standards of approval for this special exception and they do comply with their standards of approval. He stated what those standards are for this application. Selena Weiss, 172 Hawks Nest Circle, spoke not just for herself but for other residents in the area. She stated that this will adversely affect the health and safety of the neighboring residents. Diesel truck exhaust will be particularly harmful to the residents especially to those who have respiratory issues. They oppose the approval of this special exception. Cheryl Walsh, 315 Timber Ridge Road, is opposed to this trucking terminal. She states this will depreciate property values and affect the character of the neighborhood. She read part of a report from a property assessor that states that values will go down if this trucking terminal is constructed. Martin Gabris, 90 Hawks Nest Circle, doesn’t believe that the trucks will drive away from the residential area. He expressed his concerns about the amount of noise that will be generated from the site. He’s concerned that work will take place overnight. Nancy Ahlquist, 282 Timber Ridge Road, she addressed two of the displays with pictures of the neighborhood. She pointed out the road that’s in disrepair from all of the trucks in the area driving down the street. She asked the commission to not approve the special exception. Jay Elder, 192 Hawks Nest Circle, asked about one of the conditions that was proposed by the applicant Page 3 of 8 as a condition of approval. How would the owner know if a truck driver turned out of the parking lot and into the neighborhood? He also wanted to know what kind of trucks will be at this site. Kinnaresh Oza, 66 Hawks Nest Circle, stressed that there are already too many trucks and is concerned about safety in the area. He’s also concerned about the property values going down. He hopes the proposal is denied. Naheem, 207 Timber Ridge Road, expressed his concerns about late shipments. What happens then? He pointed out inconsistencies with some of the information the applicant shared in regards to the operations of the business between this meeting and the last meeting. Kevin Smith, 227 Timber Ridge Road, expressed concerns about the business expanding on the property. He also expressed his concerns about property values depreciating. Domenique Thornton, 168 Timber Ridge Road, stated that this application is not consonant with Middletown’s plan of conservation and development. This application will decrease outdoor activities in the neighborhood. She states that this application doesn’t meet the standards of a special exception. Commissioner Pattavina made a point of order that Commissioner Fulton will be leaving at 9:05pm and rejoining the meeting via WebEx. John Ahlquist, 282 Timber Ridge Road, asked how a company can only operate five to six hours a day. Chris Dipentima, 422 Timber Ridge Road, owner of this property, TBS Plus. He stated that this piece of land is not an open space property. It is privately owned and it will be developed. There is an adjacent business with over one hundred employees coming and going. This applicant will generate much less traffic than any previously proposed projects to the land. Director Kozikowski asked the applicant if there will be refrigeration trucks. Will there be additional idling time for the trucks? During the winter, will the trucks need to be started earlier in the morning to warm them up to make truck deliveries? Harpreet Sandhu, 24 Mansion Road, Wallingford, CT, answered there may be some refrigeration trucks, mostly to be used in the summer. Director Kozikowski commented that in his experience at other municipalities, refrigeration trucks would be idling all day to keep their inventory cold and asked would this be happening before 7am and after 6pm? Mr. Sandhu answered yes this would be happening and there’s a chance it would be happening before 7am and after 6pm. Director Kozikowski asked what happens to the queuing of the trucks. Mr. Sandhu answered there won’t be queuing in the roadway. Mr. Willinger responded to the public’s comments stating that he understands why the nearby residents want to keep that land vacant but the commission needs to base their decision on what the regulations say and if the use is allowed in that zone. As for the adverse effects, he states that their arguments are based on fear and speculation. They don’t have experts to testify on this. He addressed the appraised property report stating that there are a lot of discrepancies in that report. If your house is located next to an industrial zone, it will be worth less than a home that is just as equally nice if it were located next to a park or residential subdivision. He wondered if the property values will go down another ten percent if another trucking terminal goes up next to that residential area. He stated there won’t be any blasting going on. Mr. Willinger addressed the comments that the truck terminal will expand. He stated that any expansion will require a modification of the special exception in front of the Planning and Zoning Commission. As for traffic concerns, he stated that the concern should not be an increase in traffic but will it cause traffic congestion or gridlock. He then addressed the comments made that the IT zone is for Page 4 of 8 offices and entertainment. He submits that these venues would have an adverse effect on the area. Motion to close the public hearing. Moved by Commissioner Johnson, seconded by Commissioner Sweeney. Motion passed unanimously: 7-0. Commissioner Giuliano commented that this trucking terminal is allowed in the IT zone through a special exception. This piece of property in the IT zone is adjacent to the R-60 and R-15 zones. Timber Ridge Road serves both residential and commercial vehicles. He doesn’t believe this application meets the eight standards required for a special exception. As to the conditions the applicant has offered, he stated that there is no practical way to enforce them. He doesn’t believe that an employee will be fired for taking a left turn out of the parking lot instead of a right. He then commented that other uses could be made of this property that would be worse, however this is the only application for this property pending before the commission. He will not be voting in favor of this application. Commissioner Pattavina agrees with what Commissioner Giuliano stated. He won’t be supporting this application. Commissioner Johnson stated that the comments made by the public were not because of fear and speculation. They were speaking from experience. Also, not once did she here the public use the term open space to describe that property. Commissioner Johnson pointed out some comments from the public that twenty-five out of ninety-one houses have cracks. There’s no guarantee that they won’t be blasting. A truck will not be loaded in one hour. Oil separators will still overflow. Noise and air pollution will waft up into the neighborhood. Type of products being loaded, the owner can’t promise that his products won’t change. An office use would be better because there would be a known use and known hours. Commissioner Eckstrom commented that we don’t know what the true environmental impact will be until it is built. He stated that he doesn’t see how this business fits into Middletown and will not be supporting this application. Commissioner Fulton echoed Commissioner Johnson’s concerns. She stated her traffic concerns. She will not be supporting this application. Commissioner Giuliano commented that if the applicant wanted to expand he would have to come back to the Planning and Zoning commission. He said we only approve the use. Commissioner Sweeney commented that there are other properties that are available for this trucking terminal and hopes the applicant will find a place in Middletown. She will not be supporting this application. Director Kozikowski wants to remind the commission that the motion should be in favor of the affirmative and then vote either for or against. He also suggest a roll call vote be done. In an affirmative motion, the commission can add conditions to the approval. Motion to approve the special exception. Moved by Commissioner Giuliano, seconded by Commissioner Eckstrom. Motion denied: 7-0. 6.2. Request to revoke special exception approval of a recreational facility for a hookah lounge establishment located at 695 South Main Street in the B-2 zone. Applicant/agent. City of Middletown. SE2021-7. Commissioner Pattavina made a motion to move item 6.2 ahead of item 6.1. Moved by Commissioner Fulton, seconded by Commissioner Johnson. Motion passed unanimously: 7-0. Page 5 of 8 Director Kozikowski stated that he received a request to revoke this special exception approval from Chief Costa. Since the approval, there have been a number of complaints from neighboring property owners in regards to late night hours, loud noises, fights and littering. Director Kozikowski referred to the May 24 Planning and Zoning public hearing for a text amendment to add night clubs and hookah lounges to the prohibited uses in Middletown. Director Kozikowski presented a list of over one hundred calls to the police including shootings, slashing’s, fighting and loud noises and about a month ago there was a homicide. Director Kozikowski informed the Commission that there is a provision in the zoning code that allows the Commission to review special exception approvals and revoke and rescind if any of the terms and conditions are being violated that went into the approval. Director Kozikowski highlighted the being violated is the requirement that this will not adversely affect the health and safety of residents or workers in the area. He stated that the revoking of the special exception seems warranted. Chief Costa requested that the Commission revoke the special exception because of the homicide that occurred last month. He echoed what Director Kozikowski said earlier that there were multiple shootings at this hookah lounge. The incident which prompted Chief Costa to request this revocation is that gunfire from the night of the homicide was fired toward Dora Drive and a bullet was found in the side of a business across the street from the hookah lounge. He’s cited shootings in hookah lounges that have occurred across the state. Commissioner Giuliano asked if it’s routine practice to do a property check the numerous times that the police department has done for the hookah lounge within the last couple of years. Chief Costa answered no. These property checks are off the scale. Commissioner Eckstrom commented that he was taken aback by the number of calls that were made in regards to the hookah lounge. He wants to ensure that we keep our streets safe. He will be supporting the revocation of the special exception. Commissioner Fulton asked if there were requests for surveillance cameras to be put up in the area. Chief Costa answered that the types of calls they were getting required face to face interaction. Commissioner Fulton stated that she really appreciates the efforts of the Middletown Police Department. Commissioner Sweeney echoed that Commissioner Eckstrom and Commissioner Fulton have said and she will be supporting the revocation of this special exception. Director Kozikowski read into the record a letter from Song Chen, owner of the property of 695 South Main Street which states that he has no objection to the Planning and Zoning Commission revoking the special exception approval. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. Page 6 of 8 Motion to revoke the special exception. Moved by Commissioner Eckstrom, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 7. Old Business None. 8. New Business None. 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 Approval of the May 24th meeting minutes was deferred. 10.2. RiverCOG Report There was nothing pertinent to report. 10.3. Staff Report None. 10.4. Commission Affairs Commissioner Johnson discussed the public hearing signs. The signs for a public hearing don’t meet the intent or the requirements especially for the Wesleyan University sign. It doesn’t state what the application is for. She would like to propose to rewrite the sign regulations. Commissioner Johnson also mentioned that the Hamlin Street Project did not include the name ‘Performance Hall’ in any of their description documents. 11. Adjournment Motion to adjourn Moved by Commissioner Giuliano, seconded by Commissioner Sweeney. Passed Unanimously: 7-0. Submitted, Page 7 of 8 Marek Kozikowski, AICP Director of Land Use Page 8 of 8