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, JULY 26, 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: 8:51 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 Commissioner Kelly Sweeney (Seated for Commissioner Fazzino) Commissioner Tyler Eckstrom (Seated for Commissioner Pylant) Absent: Commissioner Marcus Fazzino Commissioner Rogers Pylant Staff: Marek Kozikowski, Director of Land Use Public: Twenty-five members of public. 3. Items removed from the Agenda None. Page 1 of 7 4. Public comment on items on the agenda which are not currently scheduled for a public hearing Jim Fellows, commented on item 7.1. He suggested that the sign should say what’s being built. It should be specific. It should also be readable from the street. 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 site plan approval to renovate and make additions to an existing building for a new 19,155 SF arts facility and site improvements on five parcels comprising of 177, 181 & 185 College Street, 56 Hamlin Street and William Street (Map-Lot: 24-0138) in the DVD zone. Applicant/Agent: Joseph Banks/Wesleyan University. SPR2023-84 Commissioner Pattavina asked Commissioner Sweeney and Commissioner Eckstrom if they were able to review the presentation and understand the materials for this application. Both Commissioner Sweeney and Commissioner Eckstrom answered that they have reviewed the materials. Joe Banks, started by acknowledging that everyone is able to state their opinions on this application. He addressed some of the questions and comments from neighbors. For the noise concerns, they are working on a protocol to alert the neighbors if any disturbances will be happening on site. He addressed the concerns about outdoor concerts. Mr. Banks explained that this is a teaching facility. This is not primarily a performance venue. Performances will occur during daylight hours only. They would give plenty of notice as to what’s going on there. For parking concerns, the lots at 44 Hamlin Street, 37 Broad Street and 45 Broad Street should accommodate Wesleyan University parking. He emphasized that they’re here to work with the neighbors. Commissioner Fulton asked if they will be using the outdoor facilities for performances. Mr. Banks answered they plan on using the outdoor facilities twice a year. All performances will be acoustic and it would be during the day. Commissioner Eckstrom asked if the current building is being used for anything. Mr. Banks answered currently the structure is vacant. Commissioner Giuliano asked if the building that is coming down, would that building still come down even if this project doesn’t move forward. Mr. Banks answered yes. The building is not safe. Jim Fellows commented on the public hearing signs that were displayed for this proposal. He explained that the signs had today’s date written in and in small writing. Did the applicant send letters to the neighborhood? Why wasn’t a picture of what they’re proposing on site? What are they going to do about the parking? He expressed his desire for the proposed project to blend into the neighborhood and not look like a campus building. Mr. Banks responded to Mr. Fellows’ concerns. For noticing the public, they followed the regulations of the City of Middletown. They have reached out to a number of people over a five month period. He understands that there are those who do not like the design of the building. Janice Cheretto, 201 College Street, she called the number on the sign and the date was not changed to Page 2 of 7 July 26th. She feels confident that the residents of Hamlin Court will be able to work with Wesleyan University. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fulton Passed unanimously: 7-0. Commissioner Sweeney commented that she’s happy to hear that Wesleyan University has opened a dialogue with the neighbors. Commissioner Pattavina commented that this does support Middletown’s plan of conservation and development and reaching out to the community and working with the community is great. Commissioner Giuliano agrees with what Commissioners Sweeney and Pattavina have said. He will be supporting this application. Commissioner Johnson commented that this application doesn’t meet the requirements of the DVD zone. There should have been a master plan that was filed with the Land Use department. Commissioner Pattavina asked if they should reopen the public hearing if new information is being presented. Commissioner Giuliano said that the zoning code isn’t new information and no new plan has been presented. This doesn’t require reopening the public hearing. Commissioner Johnson continued that in the Wesleyan Master Plan, there is no plans for Hamlin Street. She stated that this is a very vulnerable neighborhood. No one expected campus expansion. There’s nothing stopping Wesleyan from changing the performances from acoustic to much louder performances and changing the hours of operation of this facility. Commissioner Eckstrom commented that this project will take a historical building and turn it into something that will have positive impacts on the community. He stated that this application and the plans meets all of the requirements so he will be supporting this application. Commissioner Giuliano commented that this is going to provide an academic setting for students. The DVD zoning regulations doesn’t prohibit the use of a piece of property that was never residential. What the applicant is proposing isn’t unreasonable and it is allowed by the zoning code. He will not be opposing this application. Commissioner Fulton commented that this application is in compliance with the plan of conservation and development. She was concerned about the people in the neighborhood but she feels that the applicant addressed their concerns. She will be supporting this application. Commissioner Pelletier commented that this is an excellent plan and it was well thought-out and he is fully in favor of it. Commissioner Johnson commented that over the past seventeen years, there have been people who were interested in purchasing this piece of property to develop it into residential housing. The commission should make a decision not on what is promised today but what will happen in five years. Wesleyan doesn’t have a talent for handling small, historic buildings. Motion to approve the application. Moved by Commissioner Eckstrom, seconded by Commissioner Giuliano. Passed: (6-1) (In Favor: Pattavina, Fulton, Pelletier, Giuliano, Sweeney, Eckstrom) (Against: Johnson) Page 3 of 7  6.2. Request for a special exception to create three transitional-development housing units at 430 Highland Avenue in the B-2 zone. Applicant/Agent: Ted Charton SE2023-8 Steven Charton, 154 East Ridge Road, Middletown, presented the application. He explained that his father, Ted Charton purchased 430 Highland Avenue and is now looking to allow residential units in this existing building. There will be no changes to the building. They are looking to get the special exception since it was never done previously. Commissioner Johnson asked if it is currently being used as transitional-development housing and that the paperwork hadn’t been done. Mr. Charton answered yes, that was how it was when it was purchased. The zoning code allows a special exception when B-2 is between residential properties and doesn’t have State frontage. Commissioner Johnson asked if there’s a place outside for people to hang out. Mr. Charton answered that the back of the property is currently being used for storage. There is no grass or recreational area in the back. Commissioner Giuliano commented that this application is consistent with the transitional-development housing code. Commissioner Fulton asked what demographic is this serving and are you looking to convert all the spaces in this building to residential. Mr. Charton answered it is currently serving low-income. They will not be changing anything with this building. There are currently three residential units and two commercial spaces. Director Kozikowski stated that in February of this year the three residential units were converted from commercial spaces. They were issued a cease and desist letter because they were converted without permits. With the special exception, it will bring the property into compliance and release the cease and desist. Commissioner Sweeney commented that this use is consistent with the rest of the neighborhood. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. Commissioner Pattavina commented that he will be supporting this application. It is consistent with the plan of conservation and development and it fits into the neighborhood design. Commissioner Sweeney will be supporting this application. Commissioner Fulton will be supporting this application. Commissioner Johnson complemented the applicant on their public hearing sign. Page 4 of 7 Motion to approve the special exception. Moved by Commissioner Giuliano, seconded by Commissioner Sweeney. Passed: 6-0-1 (Commissioner Pelletier abstained) 7. Old Business 7.1. Discussion on zoning codes for public hearing sign requirements Director Kozikowski drafted language for public hearing sign requirements which will be clearer as well as extend the time the signs are displayed. He proposes moving the public hearing sign text to Article V of the zoning code to make it easier to find and creating a new section, 5.7. Director Kozikowski added to the notification to abutter’s text that mailings can be done either by certified mail or certificate of mailing to give the applicant more of an option. Public Hearing Sign regulations were divided up to make it easier for the applicant to follow what is required. Discretion on where public hearings signs will be posted and how many will be up to the Zoning Enforcement Officer. For sign composition, corrugated plastic was added. For the duration the signs are displayed changed to nine days, the Monday the previous week before the meeting. Director Kozikowski incorporated state statues into the regulations regarding newspaper notification. For the content of the sign he provided an example. Director Kozikowski asked for feedback from the Commission. Commissioner Giuliano commented that putting a lot of content on the sign can get you into trouble. The details of the application will be available in the Land Use office. Corrugated plastic signs can’t be double-sided. If they are going to be used, there will need to be two, one-sided plastic signs. As long as the sign conveys when, where, and the board or commission that it’s going in front of is what should be on the sign. If the public hearing needs to be rescheduled, the sign needs to be updated. Director Kozikowski pointed out that he wrote the requirement for updating the sign if a public hearing is postponed. Commissioner Johnson commented on the number of days a public hearing signs are posted. It should be ten days, not nine days before the public hearing meeting. She would like to see the use displayed on the sign. She complimented Director Kozikowski for the sample sign he created for the regulations. She also stated for the text on the sign, ‘Notice of Public Hearing For’, you do not need the word ‘for’. Director Kozikowski stated that he will create a petition for the revised public hearing sign regulations and schedule for a future public hearing. 8. New Business 8.1. Discussion on IOP Zone Director Kozikowski explained that the IOP zone, Interstate Office Park zone was created to attract large office complexes. The IOP zone is located in western Middletown with frontage on Middle Street and another piece of property on the southwest corner of Middletown with no frontage. For the IOP zone on Middle Street, there is a mixture of residential, a manufacturing facility and undeveloped land. An opportunity has been presented for the undeveloped land that is not allowed in the IOP zone but is allowed in the IT zone. He would like to discuss options with the commission. Page 5 of 7 Commissioner Johnson asked why dissolve the IOP zone. Director Kozikowski responded that undeveloped site won’t be attractive to any developers of large office complexes. Commissioner Giuliano asked why can we leave the zone and add uses to it. Director Kozikowski answered by changing the zone would allow for more uses in that area. Commissioner Johnson asked about the parcel of land that’s zoned IOP that’s in the southwest corner of Middletown. If the zone gets changed, will the land owner be notified? Director Kozikowski answered yes they would be notified as well as the abutting properties. Commissioner Giuliano commented that if the IOP zone is dissolved, the property owners can still develop the land based on the IOP uses. Director Kozikowski clarified that the owners would be able to maintain their current use. Not any of the IOP uses. Commissioner Giuliano emphasized adding uses to the IOP zone rather than dissolving the zone and rezoning unless the owner of that piece of property wants to rezone to a residential zone. Commissioner Johnson requested to have another meeting to discuss this. She would like there to be a prohibited uses table that includes trucking terminals. She likes the idea of getting rid of another zone. She suggested adding buffer language. Commissioner Pattavina commented that he is for dissolving this zone but if there is going to be any legal implications, he doesn’t want to move forward with the dissolution. The commission decided to return to this topic at a future meeting. 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 July 12, 2023 minutes. Moved by Commissioner Giuliano, seconded by Commissioner Sweeney. Passed unanimously: 7-0 10.2. RiverCOG Report None. 10.3. Staff Report Director Kozikowski informed the commission that Land Use received a re-subdivision application that will require a public hearing that needs some issues to be resolved before a public hearing is scheduled. He anticipates an 8-24 application from the city. The intent of this application is to go before the Page 6 of 7 Common Council in September. Commissioner Johnson asked what the 8-24 application is for. Director Kozikowski answered it’s for the arcade site behind the police station. Commissioner Johnson asked what’s going on with 455 Middlefield Street. She drove by the property and there isn’t a single car on the property. Director Kozikowski answered through zoning enforcement action and the stipulated agreement with the owner, the owner’s been working toward compliance. 10.4. Commission Affairs None. 11. 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 7 of 7