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 REVISED REGULAR MEETING MINUTES II WEDNESDAY, October 11, 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: 7:27 PM End: 8:44 PM Commissioner Giuliano served as secretary for the meeting. 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Shanay Fulton Commissioner Richard Pelletier (Remotely) Commissioner Sebastian Giuliano Commissioner Rogers Pylant Commissioner Kellin Atherton (Seated for Commissioner Fazzino) Commissioner Kelly Sweeney (Seated for Commissioner Johnson) Absent: Commissioner Thomas Pattavina Commissioner Marcus Fazzino Commissioner Catherine Johnson Staff: Marek Kozikowski, Director of Land Use Public: Twenty members of public. 3. Items removed from the Agenda Items 8.2 and 6.2 are postponed to the October 25th meeting. Page 1 of 6 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 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. William Vasiliou, Executive Director of the Housing Authority of Middletown, presented the application. He explained that they are looking to subdivide 40 Broad Street into two lots. They have always worked closely together with the Historical Society. At this time, they do not have a plan for the parcel of land fronting on Main Street. Mr. Vasiliou stated that if this subdivision is approved there would be some component of affordable housing built on that property. Jesse Nasta, Director of the Middlesex County Historical Society, confirmed that they have had a good relationship with the Housing Authority of Middletown. He expressed his concerns that developing the parcel fronting Main Street will pose challenges for the Historical Society. He explained that any development that occurs there will block their access to the backyard of the Historical Society’s property. He also expressed his concerns for parking in the area. Mr. Nasta’s final point is that this area is all on the National Register of Historic Places. Any federal funding for any project would have to have an impact study to say how does this development impact this historic district. They want to make sure that any development won’t destroy the character of the area. He also stated there’s concerns for the water under Spear Park. There are deed restrictions that state that thirty-one thousand five hundred square feet of open space had to be available to the residents of Sbona Towers which is a large part of Spear Park. He stated that he is unsure if that deed restriction is still enforceable it being fifty years later. Alain Munkittrick, resident of Portland, CT and Vice President of the Middletown Board of the Middlesex County Historical Society, emphasized that Housing Authority of Middletown has been great neighbors however the Middlesex County Historical Society must oppose this subdivision. If this land is developed, it will remove the only accessible handicap route to the Mansfield House. This route was developed with community block grant funds. This development will also restrict the public from accessing their programs and events. He urges the commission to reject this application. Krishna Winston, 655 Bow Lane, is Secretary of the Middlesex County Historical Society Board. She expressed her concerns on the effect a new building would have on the neighborhood. It would increase the noise level and disrupt outdoor events at the Mansfield house. The loss of the green space of Spear Park will impact the residents of Sbona Tower. Ms. Winston asks the commission to reject this application. Jack Bolles, 1066 Washington Street, member of the Historical Society, hopes the commission will deny this application. Director Kozikowski read into the record the staff comments. The subdivision approval would not constitute an approval to develop the lot fronting Main Street. It is generally not in the prevue of the commission to determine if the subdivision violates any private deed restrictions that may apply to the property. If this subdivision is approved, prior to filing of the Mylar, the conceptual building is to be removed, the property description should be revised and the deed restrictions should be carried forward onto the new lot. Director Kozikowski added any access easements in favor of the Historical Society Page 2 of 6 should be added to the map. Motion to close the public hearing. Moved by Commissioner Atherton, seconded by Commissioner Fulton. Passes unanimously: 6-0 Commissioner Atherton stated that he will not be supporting this application. They’ve heard expert testimony from the public, the impact that it will have on Spear Park and the benefit that open space has for the residents of Middletown. This application does not align with Middletown’s Plan of Conservation and Development. Commissioner Fulton stated that the preservation of open space is crucial so she will not be supporting this application. Commissioner Sweeney agrees with Commissioners Fulton and Atherton. She will not be supporting this application. Commissioner Giuliano commented that he can’t see a reason to vote against this application. He is concerned with what he has heard but he’s not going to pass on an application that is not in front of him. He will be voting in favor of this application. Commissioner Pelletier commented that he agrees with Commissioner Giuliano. This is an application that is for a subdivision of one lot into two. Commissioner Pylant commented that he will not be supporting this application without more information. Commissioner Atherton added that he does believe that the commission has the authority to reject the subdivision application because of the risk to Spear Park and that it violates our Plan of Conservation and Development. Commissioner Fulton re-emphasized that we’re trying to preserve open space. Motion to approve the subdivision. Moved by Commissioner Atherton, seconded by Commissioner Sweeney. Motion Failed: 2-4 (Voting in Favor: Pelletier, Giuliano) (Voting Against: Fulton, Pylant, Atherton, Sweeney) 6.2. Request for a special exception for an expansion of a multi-family development with an additional 72 new residential units to total 486 units on property located at 530-534 Newfield Street in the M zone. Applicant/Agent: Bob Dale, Newfield Residential Partners, LLC and Newfield Residential, LLC SE2023-10. Director Kozikowski explained that the applicant is continuing the public hearing until October 25th because they need to go before the Inland Wetlands Agency first before the Planning and Zoning Commission can act. Motion to continue the public hearing to the October 25th meeting. Moved by Commissioner Pelletier, seconded by Commissioner Sweeney. Passed unanimously: 6-0. Eugene Zaklukiewicz, owner of 440 and 460 Newfield Street who lives in Deep River, expressed his concerns about the buildings that are proposed are being constructed near wetlands. Prior owner of 494 Newfield Street expressed her concerns of more units being added to this project and how this will add stress to the traffic on Newfield Street. She mentioned that the land they want to build on is a flood plain and right next to power lines. Page 3 of 6 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. The applicant was not present. Motion to move to old business for the October 25th meeting. Moved by Commissioner Atherton, seconded by Commissioner Fulton. Passed unanimously: 6-0. 8.2. Request for a site plan approval for a site plan modification for the proposed two multi- family dwellings at 173-179 Butternut Street. Applicant/Agent: David Coleman/Hillside Investments, LLC. SPR2023-206. Postponed until the October 25th meeting. 8.3. Request for a site plan for a proposed convenience store located 460 Main Street. Applicant/Agent: Jaber Saidi/Main Street Convenient Store 1. SPR2023-206. Bob Warner, Kenneth, Warner and Sons Construction Project Management Firm of Connecticut. He is here to assist Mr. Saidi in presenting the application. The Management Firm became involved after receiving a Cease and Desist Order from the City of Middletown. They are here to seek approval to get this project on track by getting the necessary permits to receive a certificate of occupancy. Director Kozikowski read into the record staff comments. This application was submitted for a retail use which is allowed in the B-1 zone. Upon inspection of the space, it appears that the intent is to operate a store catered to cannabis sales and use. Cannabis stores are not allowed in the B-1 zone. A Cease and Desist Order was issued by the Zoning Enforcement Officer on August 28, 2023 noting an unapproved business and unapproved signage without permits. Signage was removed. A supplemental application was submitted to get the owner’s signature on the application. It is unclear who signed the application form. The floor plan shows several back room storage areas and there is access to finished and unfinished basement through the retail store. Two recent applications for convenience stores were approved administratively that conform to the Zoning Code. These two stores were recently involved with raids finding illegal drugs and narcotics in these establishments. Lastly, any wall signs should be reviewed by the Design Review and Preservation Board. Commissioner Fulton asked how this location was obtained. How did they get passed the approval process? Director Kozikowski answered that the signage was installed illegally. Mr. Saidi stated that when the store was being renovated, he was out of the country and he left his nephew in charge. Mr. Saidi has always intended this business to be a convenience store where you can buy lottery tickets, cigarettes, snacks, etc. Mr. Warner stated that since Mr. Saidi hired him, Mr. Saidi has done everything he’s asked him to do. They removed the sign, any materials that shouldn’t be in the store, and any requirements for the first Page 4 of 6 floor or lower level per the Building Department will be taken care of. Commissioner Atherton asked if the commission were to deny this application, can the applicant reapply and validate the quality and intent of the establishment. Director Kozikowski answered if the commission were to deny this application, there would have to be reasons why. The cannabis artwork within the store would need to be cleaned up to be approved. Commissioner Atherton asked if the Land Use office received any materials indicating that this business is headed in a more constructive direction. Director Kozikowski answered that he has been in communication with Mr. Warner weekly. He’s invited them to the site. He’s been diligent in trying to get the paperwork in. Mr. Warner invited the commission members to come and inspect the site. He did emphasis that there is a lot of work left to be done to be occupied and used in a proper manner. Commissioner Giuliano questioned if it’s the commission’s job to regulate activities that should not be happening in that space. Director Kozikowski explained that when they inspected the space, what was there indicated it was more than a general convenience store use. Commissioner Giuliano commented that if an applicant goes outside of what’s allowed, any approval we give wouldn’t validate that. Commissioner Atherton asked if it would be better for the applicant to withdraw their application tonight and reapply with plans that shows their headed in the right direction. Director Kozikowski answered that it’s within the prevue of the commission to ask the applicant for more information and continue to another meeting. Commissioner Fulton asked if the current application indicated having snacks and other convenience store items. Director Kozikowski answered it wasn’t in the original application. Commissioner Fulton believes it would be better if the applicant provide supplemental materials. They should itemize what will be sold at the store. Mr. Warner stated that when the store is completed and issued a certificate of occupancy, you can come to the store and see the items that are being sold. This project started out on the wrong foot and we’re trying to fix that. Motion to continue the application to October 25th. Moved by Commissioner Atherton, seconded by Commissioner Fulton. Passed unanimously: 6-0. 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 Page 5 of 6 Motion to approve the September 27, 2023 minutes. Moved by Commissioner Sweeney, seconded by Commissioner Pylant. Passed: 5-0-1 (Abstained: Fulton) 10.2. RiverCOG Report Commissioner Atherton stated that they gave a presentation on what RiverCOG does. 10.3. Staff Report None. 10.4. Commission Affairs None. 11. Adjournment Motion to adjourn Moved by Commissioner Sweeney, seconded by Commissioner Fulton. Passed Unanimously: 6-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 6 of 6