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, February 28, 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: 7:07 PM End: 8:12 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 Morgan Monarca Commissioner Nathaniel Spencer Commissioner Tyler Eckstrom Commissioner John Carlson (Seated for Commissioner Fulton) Commissioner Alan Cunningham (Seated for Commissioner Emery) Absent: Commissioner Shanay Fulton Commissioner Elizabeth Emery Staff: Marek Kozikowski, Director of Land Use Public: Three members of the 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 modification the conditions of approval of Special Exception SE2023-13 regarding access to the vehicle repair/motor vehicle sales facility approved at 715 Bartholomew Road. Applicant/Agent: Jason Bednarz/Stanley & Sons, LLC. SE2023-13 Jim Cassidy of Hallisey, Pearson & Cassidy presented the application. Mr. Cassidy explained that as part of the original approval, one of the conditions was that access to 715 Bartholomew Road would be from Randolph Road. They learned afterwards that the easement that was granted on 715 Bartholomew Road doesn’t go to Randolph Road. Mr. Cassidy showed the Commissioners that there is another easement that they have to an existing curb cut to Bartholomew Road that has a gate. He pointed out two other entrance options on Bartholomew Road but they would prefer not to use those options. One is between two residential properties and the other option is next to wetlands. Director Kozikowski stated that he received two emails that were received with comments on this application. Commissioner Giuliano commented that the applicant stated that they did have access through Randolph Road during their original presentation. Mr. Cassidy responded that was their understanding that they had the access to Randolph Road. Commissioner Giuliano asked if anybody had checked the land records to see if they had that easement. Mr. Cassidy responded no. They had surveyed the property before the property was acquired. Commissioner Spencer asked if they have since spoken to the property owner of the possibility of using Randolph Road for access. Mr. Cassidy answered yes they have but the property owner has other intentions for that land. Jason Bednarz addressed one of the emails commenting that he can’t control people who have come onto the property with dirt bikes and quads. He clarified that this won’t be a storefront. They won’t have walk-in customers. Commissioner Pattavina asked if there could be a gate put up to secure the parking area. Mr. Bednarz answered there is a gate. But it’s not his to open and close. Commissioner Cunningham asked where these people are entering the property from. Mr. Cassidy answered that right now the building is not being used so they’re coming in from Randolph Road and Bartholomew Road. Since the property isn’t being used, it’s a place for people to bring their cars and mess around there. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Monarca. Page 2 of 6 Passed unanimously: 7-0. Commissioner Giuliano commented that he can’t vote in favor of this because, one, if the original application was presented with access from Bartholomew Road the special exception wouldn’t have been granted and second applicants have a duty to know what they are presenting are facts. Commissioner Giuliano doesn’t believe there has been sufficient effort to get the access from Randolph Road. He suggested that the applicant perhaps get a license to use the Randolph Road entrance rather than a permanent easement. He will vote to deny this without prejudice. Commissioner Pattavina asked Director Kozikowski if they deny this application tonight, will the applicant have the option to try to get access to Randolph Road. Director Kozikowski answered that it would have been better if this question was asked before the public hearing was closed of the applicant. Director Kozikowski explained that if this application is denied, he would have to issue a cease and desist. Commissioner Pattavina and Commissioner Carlson both asked if they can re-open the public hearing. Director Kozikowski answered yes. Commissioner Carlson commented that the applicant should be allowed to answer that question. Motion to re-open the public hearing. Moved by Commissioner Cunningham, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Jason Bednarz, Stanly & Sons, 1120 South Broad Street, Wallingford, clarified that he just leases the property. The issue with the easement was discovered a day after the special exception was approved. Mr. Bednarz discussed changing the address to a Randolph Road address but the property owner told him that he couldn’t do that. Mr. Bednarz was going off of information that Mr. Cassidy had provided him. Mr. Bednarz had no intention of misrepresenting anyone or anything. Commissioner Cunningham asked when they reached back out to the City once it was discovered that they didn’t have the easement to Randolph Road and did they look at creating an entrance through Randolph Road. Mr. Bednarz answered that they are currently using the Randolph Road entrance but if we don’t have the easement we shouldn’t be using it. Commissioner Giuliano asked who is using the Bartholomew Road access way. Mr. Bednarz answered the machine shop people and people who shouldn’t be on the property. Commissioner Giuliano suggested continuing the public hearing and finding out who is actually creating problems for the neighbors. Director Kozikowski suggested continuing the public hearing to a future meeting and ask the applicant to approach the property owner of 49 Randolph Road and see if creating a easement is an option. Mr. Bednarz would like to see the property owner fix the gate and access so that not anyone can get in. Commissioner Monarca asked if they can contact the property owner and have him fix the gate and put up security cameras. Mr. Bednarz stated that a different property owner owns the property where the issues are. He has cameras on the property he is leasing. Motion to continue the public hearing. Page 3 of 6 Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. 7. Old Business None. 8. New Business 8.1. Request for an affirmative GS 8-24 report for the sale of surplus City property in at 17 Miller Street. Applicant/Agent: City of Middletown/Economic and Community Development. GS 8-24 2024-7 Brian Gartner, 309 South Main Street, Middletown, presented the application. This property was taken by a foreclosure. The City is looking to sell the property as is. Commissioner Giuliano asked if there is a house on the property. Mr. Gartner answered yes, it’s a residential lot with an occupant. Commissioner Giuliano commented that this application is consistent with the plan of conservation and development. Commissioner Pattavina agrees with Commissioner Giuliano. Motion to affirm a positive GS 8-24. Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. 8.2. Request for an affirmative GS 8-24 report for the sale of surplus City property located at 20 Portland Street. Applicant/Agent: City of Middletown/Economic and Community Development. GS 8-24 2024-8 Brian Gartner, 309 South Main Street, Middletown, presented the application. This application follows a similar process at the seventeen Miller Street application. This property was also acquired by the City of Middletown through foreclosure. Currently the property has an easement assigned to eighteen Portland Street for parking. Eighteen Portland Street has expressed interest in purchasing the property. Another party is also interested in purchasing this property. Commissioner Giuliano commented that the City’s continued ownership of this property would be inconsistent with the plan of conservation and development. Commissioner Eckstrom asked what the owner of eighteen Portland Street plans for this lot. Mr. Gartner answered that he believes he wants it to expand the parking. Motion to affirm a positive GS 8-24. Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. 8.3. Public Comment Session regarding Connecticut Department of Energy and Environmental Protection Recreational Trails Grant application of the City of Middletown and Town of Berlin to improve connectivity accessibility to the multi-use paths at the former Pistol Creek golf course to Mattabesett Trail/New England National Scenic Trail. Director Kozikowski presented the presentation. He explained that the City of Middletown is applying for a grant from the Connecticut Department of Energy and Environmental Protection under the Page 4 of 6 Connecticut recreational grant program. This is to make some improvements to Pistol Creek. This is a joint application with the Town of Berlin. The goals of the grant is to provide funding for planning, design and construction of new trails and maintenance and restoration of new trails and much more. There will be three main components to this grant application. One, improve the multi-use paths at Pistol Creek to the existing Mattabesett trail. Two, providing way-finding signage and pavement markings on Saybrook Road. Three, make specific improvements to the Mattabesett Trail. Commissioner Eckstrom commented that he is excited to hear about this. This is a well-thought out plan that many people will benefit from. He thinks it would be a good idea to get the input of the neighbors of the trails. Commissioner Pattavina agrees with Commissioner Eckstrom. Commissioner Cunningham is excited about this as well. Commissioner Giuliano is pleased with this development. Motion in support of the grant application. Moved by Commissioner Spencer, 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 February 14, 2024 minutes. Moved by Commissioner Spencer, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 10.2. RiverCOG Report Commissioner Spencer reported that the discussions were on the RiverGOG’s legislative priorities going into the Connecticut State Senate Session. They provided a link for public officials for this info. 10.3. Staff Report Director Kozikowski informed the Commission that there will be two public hearings at the next meeting. He will also get in contact with the owner of 49 Randolph Road. Director Kozikowski also informed the Commission that he will not be able to staff the next meeting. He will have someone from the Land Use office staff the next meeting. 10.4. Commission Affairs Commissioner Pattavina asked to take a moment to remember Dan Russo who was Chairman of this commission for years who passed away last week. 11. Adjournment Page 5 of 6 Motion to adjourn Moved by Commissioner Spencer, seconded by Commissioner Giuliano Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 6 of 6