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, JUNE 28, 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: 8:15 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 Kellin Atherton (Seated for Rogers Pylant) Commissioner Tyler Eckstrom (Seated for Commissioner Fazzino) Commissioner Sweeney Absent: Commissioner Marcus Fazzino Commissioner Rogers Pylant Staff: Thomas Hazel, Zoning Enforcement Officer Public: Three members of public. 3. Items removed from the Agenda None. Page 1 of 5 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 and 5.6.8.14 of the Middletown Zoning Code regarding Gasoline Filling Stations. Applicant/Agent: Thomas A. Manning/Russell and Dawson, Inc. Z2023-2 Thomas Manning, 18 School Road, Bolton, CT, explained that under the current zoning regulations food service is prohibited with gasoline filling stations which is part of a project they would like to pursue. He also proposed that the retail area be increased from five hundred square feet to five thousand square feet. He also proposed a restriction on the seating area to seven hundred and fifty square feet. Mr. Manning stated that this would align with Middletown’s Planning of Conservation Development. Commissioner Johnson asked what is the average square footage. Mr. Manning answered the proposal is for twenty-two hundred square feet. Commissioner Giuliano commented that he believes that this text amendment does align with the Middletown’s Planning of Conservation Development. He also feels this benefits the entire zone and not just the applicant. He will be supporting this application. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Johnson. Motion passed unanimously: 7-0. Motion to approve the petition. Moved by Commissioner Giuliano, seconded by Commissioner Eckstrom. Motion passed unanimously: 7-0. 6.2. Request for a special exception to construct a 2,750 sf. addition to existing place of worship (Sri Satyanarayana Swamy Temple) at 11 Training Hill Road in the R-30 zone. Applicant/Agent: Sudhakar Nagardeolekar/NSN Architect. S2023-7 Sudhakar Nagardeolekar, the architect of project, introduced George Miller, the project engineer, who presented the application. He is with Prime AE Group in Wethersfield, Connecticut. They are looking to take an existing patio and enclose that patio to be used for prayer services. There will also be an area for blessing vehicles. The structure meets all the zoning setbacks. They need to do a change to the drainage system but there is no real impact to the property. This addition will require more parking spaces because of the square footage. Currently, there isn’t enough parking spaces on the property in relation to the square footage of the building. They do have a letter from Middlesex Community College to use their parking as additional parking. Kurt Tomolonius, 438 Bartholomew Road, stated that his property abuts 11 Training Hill Road. He has no issues with the addition. Page 2 of 5 Motion to close the public hearing. Moved by Commissioner Atherton, seconded by Commissioner Johnson. Motion passed unanimously: 7-0. Commissioner Atherton commented that this application is consistent with our planning of conservation development. It meets all the requirements for the Planning and Zoning Commission. He will be supporting this application. Commissioner Giuliano will also be supporting this application. Commissioner Fulton will be supporting this because of what Commissioner Atherton has stated and because the Community College next door supports this venue. Commissioner Eckstrom stated that the overflow parking for the Temple at Middlesex Community College is minimal. He also echoes Commissioner Giuliano’s comments. He will be supporting this application. Commissioner Johnson will be supporting this application. Motion to approve the special exception. Moved by Commissioner Atherton, seconded by Commissioner Giuliano. Motion passed unanimously: 7-0. 6.3. Request for a special exception to construct a single-family home on Bidwell Terrace (Map-Lot: 36-0484) in the RPZ. Applicant/Agent: Barros Builders, LLC. SE2023-6 Alfred Barros, Barros Builders presented the application. He purchased 57 Bidwell Terrace a month ago and subdivided the property in two, 57 Bidwell Terrace and 6 Bidwell Terrace. He’s applying for a special exception for 6 Bidwell Terrace for the side yard setback between 57 Bidwell Terrace and 6 Bidwell Terrace. He’s asking for a modification on one side. Commissioner Johnson asked which street is used more, Hillside Avenue or Bidwell Terrace. Mr. Barros answered Hillside Avenue. Commissioner Johnson asked why this building isn’t parallel to Hillside instead of parallel to Bidwell. Mr. Barros answered he couldn’t fit two parcels facing Hillside Avenue. Commissioner Giuliano stated that he will be supporting this application. Annette Silverman, 70 Bidwell Terrace, she expressed her opposition to this house. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Eckstrom. Motion passed unanimously: 7-0. Page 3 of 5 Commissioner Johnson made a motion to extend the vote to the July 12th meeting. There was no second to this motion made. Motion to approve the special exception. Moved by Commissioner Giuliano, seconded by Commissioner Eckstrom. Motion passed: 6-1 (In Favor: Pattavina, Fulton, Pelletier, Giuliano, Atherton, Eckstrom) (Against: Johnson) 6.4. Petition for a zoning text amendment to add Section 1.8.4 of the Middletown Zoning Code regarding light trespassing onto abutting properties. Applicant/Agent: City of Middletown/ Land Use Department. Z2023-4 Zoning Officer Hazel presented the application. He explained this amendment is being proposed because there is nothing in the zoning code to address light trespass in residential zones. The amendment states that any light shining over the property line can go no higher than three feet off the ground. Commissioner Johnson asked how this will be enforced. Mr. Hazel answered he would go out and inspect where floodlights are positioned and can make a judgement from there what the angle of the light shining on the neighboring property is and ask the property owner to make an adjustment. Commissioner Giuliano asked could somebody claim that it can’t be applied retroactively. Mr. Hazel commented that this amendment was passed through the legal department but received no comments from them. Commissioner Sweeney commented that this amendment is a fantastic idea. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Motion passed unanimously: 7-0. Motion to approve the petition. Moved by Commissioner Johnson, seconded by Commissioner Giuliano Motion 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 Page 4 of 5 Jim Fellows, 44 Andrews Street, commented on the Wesleyan University proposed project at 56 Hamlin Street. 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes 10.2. RiverCOG Report Commissioner Johnson stated that a law was passed that to be on a commission you have to attend training. A date has to be chosen for this training. 10.3. Staff Report None. 10.4. Commission Affairs Commissioner Pattavina stated that the public hearing signs need to be accurately posted. Zoning Officer Hazel commented that the photos we receive is from the applicant. We then inform the applicant of any corrections or changes that needs to be made to the sign. We then go out and verify that the signs are properly posted. He then suggested that staff take a picture of the sign. Commissioner Pattavina also would like the sign to state more specifics on what the application is about. Commissioner Giuliano asked if our regulations specify content of the sign. Are these signs in compliance with our regulations? He stated that we may need to update our regulations. Commissioner Johnson agrees that the regulations for public hearing signs needs to be updated. Commissioner Giuliano commented that they also need to discuss the amount of content that needs to be put on the sign. 11. Adjournment Motion to adjourn Moved by Commissioner Fulton, seconded by Commissioner Giuliano. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 5 of 5