Planning & Zoning Commission

Chair Thom Pattavina (’27) Middletown Vice-Chair Vice-Chair Secretary Nicholas SebastianFazzino Giuliano(’21) Thom Pattavina (’23) (’25) Secretary Shanay Fulton (’25) Planning and Zoning Members Members ers Richard Pelletier (’23) Rogers Pylant (’25) Catherine Johnson(’27) (’23) Marcus Fazzino (’21) Elizabeth Emery (’27) Vacant (’21)Spencer (’27) Morgan Monarca Nathaniel Commission Alternates Alternates Kellin Atherton (’23) Tyler Eckstrom (’25) Shanay Fulton (’23) James O’Connell (’21) John Carlson (’27) Alan Cunningham (’27) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES WEDNESDAY, January 10, 2024 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: 7:03 PM End: 8:35 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 Sebastian Giuliano Commissioner Shanay Fulton Commissioner Rogers Pylant (Remotely) Commissioner Morgan Monarca Commissioner Elizabeth Emery Commissioner Nathaniel Spencer (Remotely) Commissioner Tyler Eckstrom Commissioner John Carlson Commissioner Alan Cunningham Absent: Staff: Marek Kozikowski, Director of Land Use Public: Sixteen members of public. 3. Items removed from the Agenda None. 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 special exception to allow for an indoor recreational facility – Escape Room on the lower level of 909 Newfield Street in the NPC zone. Applicant/Agent: Tad Huey/Entertainment Express, LLC. SE2023-12. Thaddeus Huey, 121 Birdsey Avenue, Middletown, presented the application. He explained that they would like to use the lower floor of a pre-existing building to create an escape room. Each room will be themed and have puzzles to solve. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. Commissioner Giuliano commented that he will be supporting this application. Motion to approve the special exception. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. 6.2. Request for a special exception to allow for a truck repair facility and used car dealership at 715 Bartholomew Road in the MXI zone. Applicant/Agent: Jason Bednarz/Stanley & Sons, LLC. SE2023-13. Jason Bednarz, 697 South End Road, Unit 2, Plantsville and Jim Cassidy of Hallisey, Pearson & Cassidy, 630 Main Street, Cromwell, presented the application. Mr. Cassidy started by describing the site containing a one-story existing building. This was used as a repair facility for Eversource vehicles. Access to the site comes from the north side of the property. They would like to continue to use the building the way it was originally used for. They are not proposing any additions to the existing building or paved areas. All the trees that are on the property will remain. They are also proposing selling used vehicles. They aren’t proposing a used car lot or display area. It would entail fixing a car and posting it online for sale. Hours of operation will be Monday through Friday 9am to 6pm. Saturday’s 10am to 3pm. There will be no storage of junk vehicles outside. Commissioner Fulton asked if this will be a junk yard where cars will be repaired and sold. Mr. Bednarz answered no. This is a trucking equipment repair facility. Commissioner Fulton asked how many cars is he planning on selling. Mr. Bednarz answered one car a month at best. Commissioner Giuliano asked the applicant if he has a dealer’s license. Mr. Bednarz answered he is seeking to get a used car dealer’s license. Page 2 of 6 Commissioner Emery asked staff that if the commission approves the used car dealership aspect of the application and the place is then sold, can this site become a true used car dealership. Director Kozikowski answered yes, however the commission can condition the approval to limit the amount of used cars that are sold at this location. Mr. Cassidy stated that they agree with limiting the amount of cars sold as a condition. Mr. Bednarz suggested four to six cars to be sold at a time. Commissioner Carlson asked for clarification that this is a repair shop for fleet and enterprise cars and cars that will be sold will be the same. Mr. Bednarz answered that yes it will be a repair shop for fleet and enterprise cars. As for the type of used cars he will sell, he offered that it may be at times other types of vehicles. Commissioner Eckstrom encouraged the commission to support this application. Commissioner Cunningham asked if there will be any new equipment onsite that will cause noise and if there will be any signage. Mr. Bednarz answered there will be small signs and the only activity onsite will be the servicing of fleet trucks which has been going on at that site since the late ‘80’s. Deb Heizman, 630 Bartholomew Road, asked if they will be using the existing driveway that is on Bartholomew Road. She also stated that she doesn’t understand why a fleet repair shop needs to sell used cars. They need to protect the neighborhood and the property values. Ms. Heizman went on to read a letter from Claudia DeFrance of 664 Bartholomew Road which stated their opposition to the truck repair facility and used car dealership. Mr. Bendarz responded to Ms. Heizman’s concerns. He stated that no one ever uses the Bartholomew driveway. They always enter through the Randolph Road entrance. He explained that he is applying for the dealer’s license for the purpose of being able to do other things onsite. He is not looking to open a car dealership. Samantha Veraling, 656 Bartholomew Road, doesn’t want a used car dealership at that location. Her neighbor, Pam Lang of 654 Bartholomew Road is of the same opinion. Commissioner Emery stated that she would like to support this application but would like to add the following conditions that there will be a limit of five used cars, entering and exiting the property will always be done from Randolph Road, and if the owner of the property provide some sort of barrier for the sake of the neighborhood. Mr. Cassidy stated that there is a fence around the majority of the site. There was some clearing of vegetation around the utilities on Bartholomew Road. It would be difficult to plant anything new with the current vegetation. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano Passed unanimously: 7-0 Commissioner Emery stated that she would like to support this with the two conditions that the entrance and exit will be from Randolph Road and the limitation of five used cars. Commissioner Giuliano will support this application with Commissioner Emery’s conditions. Commissioner Pattavina suggested to add one more condition that no junk vehicles be stored on site. Page 3 of 6 Motion to approve the special exception with three conditions: 1. The entrance and exit of vehicles will be from Randolph Road. 2. The maximum limit of used cars for sale is 5 at any one time. 3. There shall be no junk cars on the property. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 6.3. Petition for a zoning text amendment to Section 5.6 of the Middletown Zoning Code regarding Alcoholic Beverages at Recreational Facilities. Applicant/Agent: City of Middletown/Department of Land Use. Z2023-10. Director Kozikowski presented the application. He explained that in addition to allowing wine and beer at recreational facilities, other types of alcohol should be allowed. Commissioner Giuliano commented that serving alcohol requires a permit so this amendment won’t be in conflict with the licensing process. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. Motion to approve the text amendment. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. 6.4. Petition for a zoning text amendment to Sections 1.15, 4.19, 5.6, and 6.2 of the Middletown Zoning Code regarding Outdoor Storage, Contractor’s Yards, and Related Uses. Applicant/Agent: City of Middletown/Department of Land Use. Z2023-11. Director Kozikowski presented the application. This text amendment is to resolve some zoning issues as well as create consistency within the zoning code. Contractor Yard and Retail Sales Yard have been added to the code as well as requirements for such businesses. Commissioner Pattavina asked if they should include electric vehicle parking to the parking requirement. Director Kozikowski answered the EV requirement is part of the standard parking requirements in the zoning code. Commissioner Emery asked about the one parking space for every fifteen hundred square feet requirement. Did Director Kozikowski reach out to Country Flower Farms and what they’re dedicating to parking versus retail space? Commissioner Emery brought up the environment protection issues with a salvage yard and asked if they should be limiting the kinds of materials that go in there. Director Kozikowski answered it’s a good idea to see what was required of other businesses, what they offer and what they need. As for environmental issues, Director Kozikowski doesn’t have an answer. He believes there are state regulations and health code requirements that he will have to research. Motion to continue the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano Passed unanimously: 7-0. 7. Old Business None. 8. New Business Page 4 of 6 None. 9. Public comment on topics which are not or have not been subject of a public hearing David Winkle, 418 Mile Lane, asked about the Connecticut Resources Report on Red Maple Swamp and where that stood on a permanent easement. He’s concerned that it’s a wetland area. He suggested the city protect that area as an environmental zone. He expressed his concerns about flooding in this area and not have development allowed in this area. 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the November 8, 2023 minutes. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Motion to approve the December 13, 2023 minutes. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. 10.2. RiverCOG Report No report. 10.3. Staff Report Director Kozikowski informed the commission that the Pameacha Pond Dam blew out. Public Works is working to fortify the breach. He also stated that with the exception of the continued public hearing for the text amendment, there is no further business for the January 24th meeting. Commissioner Eckstrom commented on Pameacha Pond saying that the city should take action on preserving this body of water. Director Kozikowski explained that the State recommended removing the dam. He noted that Public Works did apply for a grant to repair the dam but were denied. It’s a matter of finding funding for this project. Commissioner Emery asked to get a report from staff on the grants that the city was just rewarded. Director Kozikowski explained that Land Use and Public Works worked together on a grant for Safe Streets for All program. The city was awarded $720,000 to conduct this comprehensive planning study. Director Kozikowski asked the commission if they would like to have someone from the general counsel attend a question and answer session during one of the Planning and Zoning meetings. Commissioner Emery suggested that the next meeting may be a good opportunity since there’s not much Page 5 of 6 on the agenda. 10.4. Commission Affairs None. 11. Adjournment Motion to adjourn Moved by Commissioner Emery, seconded by Commissioner Giuliano Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 6 of 6