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, October 25, 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: 8:02 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 Commissioner Marcus Fazzino Commissioner Richard Pelletier (Remotely) Commissioner Catherine Johnson Commissioner Sebastian Giuliano Commissioner Rogers Pylant (Remotely) Commissioner Kellin Atherton Commissioner Tyler Eckstrom (Seated for Commissioner Fulton) Absent: Commissioner Shanay Fulton Commissioner Kelly Sweeney Staff: Marek Kozikowski, Director of Land Use Public: Five members of public. 3. Items removed from the Agenda Page 1 of 6 Items 7.2 are postponed to the November 8th 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. Continued: 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 & Newfield Residential, LLC SE2023-10. Motion to continue the public hearing until November 8th Moved by Commissioner Eckstrom, seconded by Commissioner Johnson. Passes unanimously: 7-0 7. Old Business 7.1. 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. Dominick DeMartino, 920 South Colony Road, Wallingford, CT. Mr. DeMartino began by responding to three issues that were brought to his attention. The first issue is the building is four feet shorter than the minimum height. After meeting with the Design Review Board he was under the impression that he was restricted to keep the building as close to the way it was. Commissioner Johnson asked if they have to absolutely have to put the rod iron balconies on the building. Mr. DeMartino answered that they were approved by the Design Review Board and they were given compliments for them. Commissioner Johnson commented that those don’t really belong there. She also commented that he should reconsider the large opening. Mr. DeMartino responded to Commissioner Johnson’s comment about the large opening saying that that wasn’t the best use for it so he wanted to install an insulated garage door with glass panels to have the building open air. They did raise the elevation of the building so that rain water wouldn’t enter the building. Commissioner Giuliano asked how tall the building is. Mr. DeMartino answered that they raised the building by two feet. Commissioner Giuliano commented that if he wants to have his rod iron window grates, that was his decision. Director Kozikowski stated that compliant building height is thirty-five feet tall. The proposal is for a Page 2 of 6 thirty-one feet tall building. The original building was shorter than the proposed height so the commission can justify approving this application since it is less non-conforming. Mr. DeMartino continued to the second item that needed to be addressed. He needed to explain how the stormwater on the roof is addressed. He stated that there are roof drains that are tied into the sewer line that was installed by the last owner of the building. There is also a cast iron pipe in the basement that runs in the direction of Main Street. He is willing to work with city officials to determine where the stormwater goes and to make sure the water is separated. Commissioner Giuliano commented that they should find a way to divert their stormwater into the storm drain system and not the sanitary sewer system. Mr. DeMartino continued to item three which stated that the commission should determine if the eight parking spots leased by the applicant on the adjacent lot owned by the city is sufficient for the proposed uses. Mr. DeMartino distributed paperwork stating they have legal use of the rear lot. Commissioner Pattavina asked for clarification. Mr. DeMartino explained there’s an alley way that goes behind the buildings of Main Street going down Ferry Street to the left. There’s a point zero-five acre parcel. Commissioner Johnson asked if the means of egress depends on emptying onto this piece of land. Mr. DeMartino answered, yes. He explained that this parcel has been a dumping ground for trash, mattresses and abandoned cars in the past. Commissioner Johnson asked what his understanding is to have access to the property in case of a fire. Also, why isn’t there a means of egress shown on the site plan? Mr. DeMartino explained that they have full discretion to use the land exclusively. Commissioner Giuliano asked if the intent of the point zero-five acre property is to be used for parking. Mr. DeMartino answered that is the intent. Commissioner Giuliano asked where the lease is to use that parcel for parking. Mr. DeMartino stated that at the moment they have strict use of it for construction. He explained that he needs this piece of property to have this building function. This is a piece of property that hasn’t functioned in several decades. Commissioner Giuliano asked if they could approve this application subject to the applicant receiving a lease hold for those eight or nine parking spaces. Director Kozikowski answered you can approve subject to, however the city will withhold the certificate of occupancy until that lease is in hand. Commissioner Johnson stated that she’d like to see the parking on a site plan as well as the stoops. She commented that the application should be denied without prejudice and the building should be a minimum of thirty-five feet. Mr. DeMartino stated that if they had to change the height of the building they would have to go back to the State. Commissioner Johnson commented that the three story minimum isn’t something new. Commissioner Giuliano commented that he’s only concerned with the applicant getting the parking he’s supposed to get. He asked Mr. DeMartino if he was comfortable with taking the approval with the Page 3 of 6 condition that he acquire the parking he needs. Mr. DeMartino responded that his is comfortable with that so that this project will keep moving forward. Commissioner Atherton asked if the applicant has eight parking spots right now. Mr. DeMartino answered that they have eight parking spaces however those spaces will be taken up by a dumpster, staircase, electrical. Commissioner Pattavina asked if the staircase can be repositioned so as to not be coming out into the parking lot. Mr. DeMartino answered that the staircase can be repositioned but it wouldn’t matter because they would still be losing a parking space. Commissioner Eckstrom commented that he doesn’t think the building height is much of an issue. He is in support of the application with the condition that they obtain the parking they need before being issued a certificate of occupancy. Motion to approve the application with the condition that the applicant obtain the required parking for the project. Moved by Commissioner Giuliani, seconded by Commissioner Pylant Passed unanimously: 7-0. 7.2. 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 November 8th meeting. 7.3. 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. Robert Warner of Kenneth Warner and Sons, 65-3 North Branford Road, Branford, CT. At the previous Planning and Zoning meeting, the commission requested that the applicant provide a list of items that will be sold at this convenience store which they did provide. Commissioner Giuliano asked if the core of the premises has been changed. Mr. Warner answered yes. If the commission approves the application, all pertinent building permits will be applied for. They are looking to get a proper certificate of occupancy. Commissioner Giuliano commented that the application should be approved with the condition that staff inspect the store to ensure that it’s being represented accurately. Mr. Warner is wiling for staff to come and inspect the store. Motion to approve the application with the condition that City Staff monitor the work being completed. Moved by Commissioner Eckstrom, seconded by Commissioner Johnson. Passed unanimously: 7-0. 1. New Business None. Page 4 of 6 2. Public comment on topics which are not or have not been subject of a public hearing None. 3. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the October 11, 2023 minutes. Moved by Commissioner Giuliano, seconded by Commissioner Eckstrom. Passed: 5-0-2 (Abstained: Fazzino, Johnson) 10.2. RiverCOG Report Commissioner Atherton reported that RiverCOG is revisiting the State Plan of Conservation and Development. They are entertaining ways to improve the Plan of Conservation and Development. Commission members’ ideas are welcome. In addition, the Housing of Urban Development is looking for housing grant applications that can be acceptable in the region. There are plans to provide up to six of these grants that will hopefully land in the region. If you want more information on these items you can visit rivercog.org. You can also visit this website to get opportunities for Land Use training. 10.3. Staff Report Director Kozikowski reminded the Commission that there will be one more meeting on November 8th before the new Commissioners join. 10.4. Commission Affairs Commissioner Giuliano commented about the sign regulation amendment that was passed a few meetings ago. He expressed his concerns about applicants being asked to put things in signs that can get confused. He offered the idea that for an additional fee staff arranges for the sign to be posted so that we know it’s right. The applicant can still post the sign themselves but to be safe they can request for us to post the sign. Commissioner Pattavina commented that he likes Commissioner Giuliano’s idea. Director Kozikowski stated that he will take this idea under advisement. There are some administrative issues that would need to be worked out. 11. Adjournment Motion to adjourn Moved by Commissioner Johnson, seconded by Commissioner Eckstrom. Passed Unanimously: 7-0. Submitted, Page 5 of 6 Marek Kozikowski, AICP Director of Land Use Page 6 of 6