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) Rogers Pylant (’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, September 27, 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: 7:01 PM End: 8:32 PM Commissioner Giuliano served as secretary for the meeting. 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina (Remotely) Commissioner Richard Pelletier (Remotely) Commissioner Catherine Johnson Commissioner Sebastian Giuliano Commissioner Rogers Pylant (Remotely) Commissioner Kellin Atherton (Left at 7:12pm) Commissioner Kelly Sweeney Commissioner Tyler Eckstrom (Seated for Commissioner Fulton) Absent: Commissioner Marcus Fazzino Commissioner Shanay Fulton Staff: Marek Kozikowski, Director of Land Use Public: Two members of public. 3. Items removed from the Agenda Page 1 of 6 Items 6.4 and 8.1 were postponed to the October 11th meeting. 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. Request for a re-subdivision to create two lots from a 8.987 ac property located at 830 Bow Lane in the R-45 zone. Applicant/Agent: Orel Massenat. S2023-3 Orel Massenat, applicant presented the application. It is a two-lot subdivision with conforming frontage and lot area. The lots also have approval from the Health Department. Motion to close the public hearing. Moved by Commissioner Johnson, seconded by Commissioner Eckstrom. Passed unanimously: 7-0. Motion to approve the re-subdivision subject to satisfaction of staff notes. Moved by Commissioner Giuliano, seconded by Commissioner Pylant. Passed unanimously: 7-0. 6.2. Petition for a zoning text amendment to amend sections 2.19 and 6.2 of the Middletown Zoning Code regarding the I-4 zone. Applicant/Agent: AMI Sports, LLC. Z2023-7 Sal Monarca, Jr, applicant presented the application. He explained that one of the reasons for the text amendment is because of a possible tenant that’s interested in leasing space at 2175 South Main Street. He discovered that the use is not allowed in the I-4 zone. He doesn’t feel this will make a significant change to allow a gym within this zone. Mr. Monarca stated that this would be a better use than having a bunch of trucks that may potentially leak oil. Mr. Monarca added that there aren’t going to be any site changes, they aren’t adding any new parking or septic. They’re just going to move into an existing building. Commissioner Giuliano commented that he doesn’t think adding this use is inconsistent with the zone. He asked Director Kozikowski if this type of use will work in the I-4 zone. Director Kozikowski answered that this use isn’t inconsistent with the zone. If the commission is concerned that a big facility like LA Fitness will move into the I-4 zone, that’s up to the commission to make that determination Mr. Monarca commented that the I-4 zone is a small zone in which he owns a lot of the undeveloped land in that zone and he doesn’t foresee a facility like LA Fitness moving into that area. Commissioner Giuliano commented that having a gym along a major route isn’t inconsistent with the use. Commissioner Johnson commented that she is in support of this amendment. Page 2 of 6 Commissioner Sweeney asked what the difference is between a recreational facility and physical fitness. Director Kozikowski answered that within the definition of recreational facility is included sports stadiums, pickleball facilities or large gathering spaces as opposed to individual activity. Commissioner Eckstrom asked if it would be easier to just allow for a special exception on this site. Commissioner Giuliano agrees with Commissioner Eckstrom’s suggestion. Motion to close the public hearing. Moved by Commissioner Sweeney, seconded by Commissioner Eckstrom. Passed unanimously: 7-0. Commissioner Giuliano commented that this proposed change is not inconsistent with what is allowed in this zone. Commissioner Pattavina agrees with Commissioner Giuliano. . Commissioner Pelletier agrees that this is an appropriate change for the zone. Motion to approve the zoning text amendment. Moved by Commissioner Giuliano, seconded by Commissioner Johnson. Passed unanimously: 7-0. 6.3. Petition for a zoning text amendment to amend Sections 4.18.8 and 5.7 of the Middletown Zoning Code regarding Temporary Signs and Public Hearing Notice. Applicant/Agent: City of Middletown/Land Use Department. Z2023-6 Director Kozikowski presented the zoning text amendment. He began by explaining that the public hearing notice regulations will be relocated to section five of the zoning code. The applicability section was modified to read more specifics. The original language was ambiguous. Corrugated plastic was added the composition of signs. The duration of signs posted was lengthened from seven calendar days to nine calendar days. Sign content is spelled out within the code. There is an example provided. Description of the proposal on the sign. Date and Time and location and where to find more information. Commissioner Johnson commented that she likes the changes. She asked if the code states that if the date is moved the date needs to be changed on the sign. Director Kozikowski pointed out that the date change is already within the proposed amendment. Commissioner Giuliano asked what other commission would need to follow these regulations. Director Kozikowski answered the Zoning Board of Appeals would follow these regulations. Commissioner Giuliano commented that he is not in support of the description of the application on the public hearing sign. It’s an invitation to litigation. Unless this is omitted from the proposed changes, he will not be supporting this text amendment. Commissioner Johnson pointed out that the existing code does require type of use on the sign. Page 3 of 6 Director Kozikowski stated that there are no members of the public in attendance or online. Motion to close the public hearing. Moved by Commissioner Johnson, seconded by Commissioner Sweeney. Passed unanimously: 7-0. Motion to amend the proposal to omit item 5.7.3.4.3, the description section in the example and renumber subsequent sections accordingly. Moved by Commissioner Giuliano, seconded by Commissioner Eckstrom. Motion Failed: 5-4. (Voting in Favor: Pattavina, Giuliano, Pylant, Eckstrom. Voting against: Johnson, Pelletier, Sweeney.) Motion to approve the zoning text amendment. Moved by Commissioner Johnson, seconded by Commissioner Sweeney Motion Passed: 5-2 (Voting in Favor: Pattavina, Johnson, Pelletier, Pylant, Sweeney. Voting against: Giuliano, Eckstrom.) 6.4 Request for a subdivision to create two lots from a 2.22 ac property located at 40 Broad Street in the B-1 zone. Applicant/Agent: William Vasiliou/Housing Authority City of Middletown. S2023-4 Postponed to October 11, 2023 No action taken. The public hearing was postponed to October 11, 2023. 7. Old Business None. 8. New Business 8.1. Request for site plan approval for the reconstruction of a mixed use building located at 584 Main Street. Applicant/Agent: Dominick DeMartino, DFC of Middletown. SPR2023-183 No action taken. The discussion was postponed to October 11, 2023. 8.2. Discussion: Potential zoning map amendments, Saybrook Road, South Green, Forest Glen, and Bridge Street. Director Kozikowski initiated discussions on four potential zoning map amendments. The parkland zone is the South Green on Union Street. This is the only piece of land in that zone. The thought is to eliminate that zone and rezone it to its adjacent zone, B-1. This park is owned by the City and there will be no change of use of the South Green. Commissioner Johnson doesn’t agree with this zone change. Commissioner Giuliano commented that this zone change makes sense. Commissioner Eckstrom is split on this issue. He understands rezoning the park and putting it under the prevue of the Department of Public Works. However, he’s concerned that the South Green could potentially be turned into something else if it’s rezoned. Commissioner Sweeney asked if there were any other parcels that were zoned parkland in the past. Page 4 of 6 Director Kozikowski answered that he would have to do some research to answer that question. Commissioner Giuliano commented that you can put deed restrictions on what is allowed for that parcel no matter how it’s zoned. Commissioner Johnson commented that our parks are not protected. Director Kozikowski continued on to Forest Glen. This complex was constructed under the PRD zone. The readopted zoning map shows that it’s zoned R-15. Director Kozikowski moved on to Saybrook Road. The property owner of the Tradewin shopping center is looking to rezone that center from R-15 to MXC. This property owner is having trouble attracting tenants. Commissioner Johnson thinks it’s a great idea but it’s complicated. Director Kozikowski discussed the properties on Bridge Street. They are currently zoned the Riverfront zone. The proposal is to rezone it to the MXI zone. He expressed his hesitancy to make this change because the city was purchasing parcels in that area and then at some point it stopped. Commissioner Giuliano commented that one of the reasons this project stopped was how were you going to access this area. He doesn’t think it should be zoned Riverfront. He feels it merits a lot more discussion. Commissioner Johnson commented that it would be a shame to rezone this area. 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 September 13, 2023 minutes. Moved by Commissioner Johnson, seconded by Commissioner Eckstrom. Passed unanimously: 7-0 10.2. RiverCOG Report Commissioner Johnson prepared a list of training opportunities to distribute to the Commissioners. 10.3. Staff Report Director Kozikowski shared the public hearing notice for the October 11th meeting. 10.4. Commission Affairs Commissioner Johnson shared that she received her Commissioner package for the September 13th meeting on the 14th and suggested that packages be dropped off at the post office for timely delivery. Page 5 of 6 11. Adjournment Motion to adjourn Moved by Commissioner Sweeney, seconded by Commissioner Johnson. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 6 of 6