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 REVISED REGULAR MEETING MINUTES WEDNESDAY, March 13, 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: 8:41 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina Commissioner Sebastian Giuliano (arrived at 7:07pm) Commissioner Shanay Fulton Commissioner Rogers Pylant (Remotely) Commissioner Morgan Monarca Commissioner Elizabeth Emery Commissioner Nathaniel Spencer Commissioner John Carlson (Seated for Commissioner Giuliano until 7:07pm) Commissioner Alan Cunningham Absent: Commissioner Tyler Eckstrom Staff: Gary Middleton, Assistant City Planner Public: Fourteen members of the public. 3. Items removed from the Agenda None. 4. Public comment on items on the agenda which are not currently scheduled for a public hearing Page 1 of 6 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 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. Dennis Ceneviva of the Ceneviva Law Firm, 721 Broad Street, Meriden represented the applicant. Mr. Ceneviva stated that Jason Bednarz had met with one of the neighbors, Claudia DeFrance. Ms. DeFrance wrote an email in support of this application. Gary Middleton, Staff, read into the record the email of support that Claudia DeFrance had submitted. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Fulton. Passed unanimously: 7-0. Commissioner Giuliano arrived at 7:07pm. Mr. Middleton stated that this building has been used for a long time for this type of use. A denial would be shutting down this business. The commission is able to require reasonable conditions of approval. If the commission needs more info, they can ask the legal department. Commissioner Pattavina will be supporting this application. Commissioner Giuliano will be supporting this application as well. Motion to approve the modification. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. Commissioner Emery stated that she did watch the Planning and Zoning meeting from two weeks ago to familiarize herself with this application. 6.2. Request for a special exception to expand an alcoholic liquor establishment from 500 SF to 1,000 SF at 970 Newfield Street in the NPC zone. Applicant/Agent: Imtiaz Bukhari/Niaz Deli & Convenience. SE2024-2. Imtiaz Bukhari representing Niaz Deli & Convenience, 970 Newfield Street, presented the application. Mr. Bukhari explained that the space next door to the liquor store is vacant so they decided to use that space to expand their liquor store. Mr. Bukhari said it would be good for their business. Commissioner Giuliano asked if the applicant needs to get a modification to his liquor license. Mr. Bukhari answered that he needs to get approval from the Planning and Zoning Commission before he can get the modification to his liquor license. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Page 2 of 6 Commissioner Giuliano will be supporting this application. Motion to approve the special exception. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 6.3. Request for a special exception for the proposed construction of a 99,000 SF manufacturing building with office space and a warehouse located at Middle Street (Map- Lot: 03-0209). Applicant/Agent: Gary Dayharsh. SE2024-1. Gary Dayharsh, LeConche Realty, stated that they wanted to open the public hearing to give everyone a brief introduction to the project. Mr. Dayharsh explained that they were supposed to present to the Inland Wetlands Agency before coming before the Planning and Zoning Commission but the Wetlands Agency did not have a quorum. Mr. Dayharsh stated that they were previously approved for two smaller buildings to be put on this lot. Now, they are looking to develop one building. The access to the property will be from Middle Street. Loading docks will be in the back of the building and eighty-four parking spaces will be in the front. They are expecting fewer than twenty employees to be working at this location. They expect to have an average of about two tractor trailer deliveries a day. This facility will not be seen by the residents of Bell Street. Mr. Dayharsh explained that they will be back to present at the Planning and Zoning April 10th meeting assuming they get Wetlands approval. Lanette Lockhart, Preston Avenue, expressed her concerns about the amount of traffic this project will generate and the impact this will have on the wetlands. Commissioner Carlson asked what product will be manufactured. Mr. Dayharsh answered liquid/water filters. Commissioner Emery asked if they plan to expand the building any larger than 99,000 square feet. Mr. Dayharsh answered there are no plans to expand any larger than 99,000 square feet. Commissioner Spencer asked Mr. Dayharsh to talk about the noise level. Mr. Dayharsh stated that you would not hear anything from inside the building if you were outside the building. Gino Troiano, 1643 Country Club Road, expressed his concerns over the non-compliance of the applicant with the City of Middletown’s Zoning Code. He doesn’t believe this is a good site for this facility. Mr. Troiano asked what the lighting will be like and did the applicant explore other location options. Commissioner Giuliano asked if there will be access to the site from Bell Street. Mr. Dayharsh answered, no. Mr. Dayharsh stated that they would be willing to plant a buffer along Bell Street. They can present drainage calculations at the next meeting. As for other locations, there isn’t many to choose from on Middle Street. Commissioner Monarca asked with the expansion of the building, will there be more traffic. Mr. Dayharsh answered, there may be more people working at the facility however they don’t see a significant impact on traffic. Caleb Boone, 77 Boardman Lane, is not supportive of this application. He doesn’t see why this piece of open space needs to be developed. Mr. Boone asked why is the building is set way back on the property. Mr. Dayharsh explained that the building wouldn’t fit on the property closer to Middle Street. Page 3 of 6 Mike McCune, 175 Saw Mill Road, asked what the hours of operation are. Mr. McCune expressed his concerns on the lighting and wildlife. Mr. McCune also expressed his concerns on the impact this would have on the residential homes in the area. Mr. Dayharsh answered the hours of operation are 7:30am – 5:00pm. There is no plan to go to second shift at this location. Nothing will be touched on the rail line. Drainage will be addressed by the experts at the next meeting. Lighting is meant to illuminate the driveway and parking areas and not the trees. Mr. Dayharsh added that they intend to be good neighbors. John Carey, 169 Bell Street, asked how far the building will be from Bell Street. Mr. Carey doesn’t think this facility should be built on this parcel. Nick Giannetti, 169 Boardman Lane, professional environment scientist, expressed his concerns about the water quality of the run-off, flooding, wildlife, endangered species, and the impact on the residential neighborhood. Mr. Dayharsh responded that they will be constructing this project in accordance with the City of Middletown and the State of Connecticut. They have no intention to touch the rail line or have access from Bell Street. Brenna Giannetti, 169 Boardman Lane, expressed similar concerns as Nick Giannetti. She is also concerned about truck traffic on Middle Street. Ms. Giannetti would like a traffic study done. Rich Brosnan, 255 Boardman Lane, expressed his concerns about the wetlands on the property and that they will construct more buildings. Mike McCune, 175 Saw Mill Road, spoke again in regards to the run-off from the property. Nancy Newman, 1671 Country Club Road, spoke about the traffic. She stated that traffic isn’t a problem in the area unless there is an accident on the highway. Ms. Newman is in support of this project. Commissioner Pattavina read from staff comments asking the applicant to explain how the slopes will be revegetated and reforesting the slopes with native species. Mr. Dayharsh answered that their experts will answer that question at the next meeting. Commissioner Carlson asked that if the applicant plans to put another building on the property, if they would need to go through the approval process again by going in front of the Planning and Zoning Commission. Mr. Dayharsh answered that he understands if they want to expand on the property, they would have to go through the approval process. Mr. Middleton asked about the parking and if they thought about having any of those spaces deferred. Mr. Dayharsh answered that they’d like to make that request at the next meeting. Commissioner Giuliano asked when this application will go before the Inland Wetlands Agency. Mr. Middleton answered that hopefully the Inland Wetlands Agency will have a quorum at their next meeting which is being held before the next Planning and Zoning meeting. Lori Toussaint, 287 Bell Street, asked what the height of the building is. Mr. Dayharsh answered the maximum height of the building is twenty-eight feet. Mr. Middleton requested that if the members of the public would like to email their questions, it would give them time to get the answers they’re looking for. Page 4 of 6 Motion to continue the public hearing to the April 10th meeting. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. 7. Old Business None. 8. New Business 8.1. Request for an affirmative GS 8-24 report to accept a parcel of land to be donated to the City of Middletown located at Miner Street (Map-Lot: 06-0057). Applicant/Agent: City of Middletown/Department of Land Use. GS 8-24 2024-9. Mr. Middleton presented the application. He explained that this is property that is abutting other property owned by the City of Middletown. The current owner has no use for it. Motion to affirm a positive GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Fulton. Passed unanimously: 7-0. 8.2. Request for an affirmative GS 8-24 report for a 5-year lease of farmland to Fair Weather Growers, LLC consisting of three parcels located on Long Hill Road (Map-Lot: 17-0001, 0002, & 0003). Applicant/Agent: City of Middletown/Department of Land Use. GS 8-24 2024-10. Mr. Middleton presented the application. He explained that these parcels are prime agricultural farmland. Motion to affirm a positive GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Fulton. 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 28, 2024 special workshop minutes and the February 28, 2024 regular meeting minutes. Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed: 5-0-2 (Abstained: Commissioner Fulton and Commissioner Emery) 10.2. RiverCOG Report Commissioner Emery stated that there was no meeting. 10.3. Staff Report Page 5 of 6 None. 10.4. Commission Affairs Commissioner Giuliano asked about the 25 year flood report. It won’t give the Commission a good idea of what’s going on environmentally. Mr. Middleton answered that this is most likely a city engineer issue that Mr. Middleton will look into. 11. Adjournment Motion to adjourn Moved by Commissioner Fulton, seconded by Commissioner Emery. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 6 of 6