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 24, 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: 7:01 PM End: 7:39 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 Rogers Pylant (Remotely) Commissioner Elizabeth Emery Commissioner Morgan Monarca Commissioner Nathaniel Spencer Commissioner Tyler Eckstrom Commissioner John Carlson (Seated for Commissioner Fulton) Absent: Commissioner Shanay Fulton Commissioner Alan Cunningham Staff: Marek Kozikowski, Director of Land Use Public: One member of public. 3. Items removed from the Agenda None. Page 1 of 4 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 None. 6. Public Hearings 6.1. Continued: 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 began by answering the question that was brought up last meeting of the parking demand proposed for retail sales yards. Director Kozikowski looked at five landscape garden centers and what they have for parking. He determined that those centers have the parking spaces for what they are proposing, one parking space for every fifteen hundred square feet of indoor or outdoor storage space. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano Passed unanimously: 7-0. Motion to approve with amendments. Moved by Commissioner Emery, seconded by Commissioner Giuliano Passed unanimously: 7-0. 7. Old Business None. 8. New Business 8.1. Request for an affirmative GS 8-24 to review a new lease to Jukonski Services, LLC for the continued use of a motor vehicle repair shop at 66 Thomas Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-1. Director Kozikowski presented the application. He explained that this is a new five year lease for an existing tenant that has been there since 2002. The site at 66 Thomas Street is for motor vehicle repairs and 297 Butternut Street is for vehicle storage. Motion to affirm a positive GS 8-24 report. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. 8.2. Request for an affirmative GS 8-24 to review a new lease to Jukonski Services, LLC for the continued use for parking and storage of vehicles and vehicle parts located at 297 Butternut Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-2. Commissioner Emery expressed her concerns in regards to the property owner adjacent to 66 Thomas Street. There should be a buffer between the road and the use of the property. Page 2 of 4 Director Kozikowski explained that the Planning and Zoning Commission can’t condition these reports but can make recommendations. Motion to affirm a positive GS 8-24 report. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. 8.3. Request for an affirmative GS 8-24 to for new leases agreements for The Barbell Cartel, LLC and Riverbend Apparel at R.M. Keating Historical Enterprise Park, 180 Johnson Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-3. Commissioner Giuliano explained to the Commission that this is a building owned by the City. The revenue that’s generated from this location provides the funds for the Economic and Community Development funds. Motion to affirm a positive GS 8-24 report. Moved by Commissioner Emery, seconded by Commissioner Giuliano Passed unanimously: 7-0. 8.4. Request for an affirmative GS 8-24 for a Conservation Easement for open space preservation over City Property located at 2200 South Main Street. Applicant/Agent: Marek Kozikowski/Department of Land Use. GS 8-24 2024-4. Director Kozikowski explained that the City was awarded a grant to assist in the acquisition of this property. The City received an approved map by the State. The State would put conservation easements on the land in exchange for the grant. This is an eighty-three acre parcel. Seventy-three acres are located in Middletown and ten acres are located in Durham. Motion to affirm a positive GS 8-24 report. Moved by Commissioner Emery, seconded by Commissioner Giuliano Passed unanimously: 7-0. 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 Motion to approve the January 10, 2024 minutes. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 10.2. RiverCOG Report Commissioner Emery reported that most of the discussions during the meeting was about the upcoming legislative session. There may be a bill that allows the Board of Assessment Appeals to override the Planning and Zoning Commission’s decisions. 10.3. Staff Report Page 3 of 4 Director Kozikowski informed the Commission that there are no pending applications for the next Planning and Zoning meeting. He will discuss with Chairman Pattavina if they’ll have a meeting. Director Kozikowski spoke to Attorney Forte and he is willing to have an information session with the Commission. Attorney Forte is available on February 28th for a special meeting. Director Kozikowski updated the Commission on zoning issues. The application for 715 Bartholomew Road that was recently approved by the Commission. One of the conditions of approval is that they use the Randolph Road entrance to enter and exit the property. There were complaints of the applicant using the Bartholomew Road entrance. Director Kozikowski verified those complaints. He notified the business owner and the property owner. The second issue is 465 Middlefield Street. The Zoning Enforcement Officer issued an administrative search warrant along with the Fire Department on that property. They are working on a report to present to the Judge. Commissioner Giuliano suggested that they ask Attorney Forte if the Commission has any recourse when applicants don’t follow the conditions that they’re expected to. 10.4. Commission Affairs None. 11. Adjournment Motion to adjourn Moved by Commissioner Giuliano, seconded by Commissioner Emery Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 4 of 4