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, May 22, 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: 7:02 PM End: 8:12 PM 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 (Remote) Commissioner Elizabeth Emery Commissioner Nathaniel Spencer Commissioner Tyler Eckstrom Commissioner Alan Cunningham (Seated for Commissioner Monarca) Commissioner John Carlson Absent: Commissioner Morgan Monarca Staff: Marek Kozikowski, Director of Land Use Public: Six 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 5 None. 5. Confirmation that all hearing signs have been properly posted Director Kozikowski informed the commission that the public hearing sign for 6.3 has been property posted. Item 6.2 didn’t require a sign and item 6.1 did not update their sign for this meeting. 6. Public Hearings 6.1 Continued. 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. Director Kozikowski explained that they the applicant will not be presenting tonight. The applicant extended the application to June 12th so that they can get through the Inland Wetlands Agency and obtain a permit but they have not done so yet. The June 12th Planning and Zoning Commission meeting is scheduled at the same time as Cruise Night and will likely be canceled. The public hearing cannot be extended to a scheduled meeting beyond the June 12th meeting, so the commission can either hold a meeting on June 12th to hear the application or the commission can close the public hearing and have sixty-five days to make a decision or deny the application due to the fact that there’s no approval from the Inland Wetlands Agency. The commissioners discussed what the best course of action to take will be. Motion to close the public hearing, withhold the commission’s vote, and waive the fees required for refiling for the applicant. Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. 6.2 Petition for a zoning text amendment to amend Section 6.2 to add Tattoo and/or Body Piercing Studios to the B-1 zone. Applicant/Agent: Holli Strobel/Goldtooth Tattoo Co., LLC. Z2024-5. Holli Strobel and Alexander Strobel, 211 South Main Street, Middletown, presented the application. They would like to open a tattoo studio on Main Street in the B-1 zone. Since tattooing is not allowed in the B-1 zone, they are proposing this text amendment so that they can move forward with their business proposal. Director Kozikowski has been working with the applicant on this text amendment. He explained that this would be added as a special exception use. Commissioner Giuliano expressed his concerns that this application is benefitting one applicant and coming very close to spot zoning. He will not be supporting this application. We shouldn’t be changing the zoning text every time an applicant doesn’t agree with the code as it stands. Commissioner Carlson doesn’t see how this can negatively impact Main Street. Commissioner Pattavina will support this application. Commissioner Emery asked if this would be considered spot zoning. Director Kozikowski answered that it would be wrong to say that this establishment will be the only one in the B-1 zone. There are other locations in the B-1 zone that can meet the distance requirement. Commissioner Carlson asked the applicant to clarify their background and what they’re trying to Page 2 of 5 accomplish. Ms. Strobel stated that she began tattooing about twelve years ago. She has competed on TV shows. She decided to move back to her hometown, Middletown, and offer her services adding more creation and art. They included the distant requirement of fifteen hundred feet to ensure that there isn’t a tattoo studio every twenty feet. Commissioner Pattavina asked the applicant if they considered any other locations where it is currently allowed without having to go through the text amendment. Mr. Strobel answered that she feels her studio would fit in to Main Street’s eclectic nature and it being so culturally diverse. Commissioner Cunningham commented that this would be a great addition to Main Street as opposed to another restaurant. Commissioner Eckstrom thinks Main Street is a great spot for a tattoo studio but he is cautious about changing the code. Commissioner Spencer doesn’t see an issue with allowing tattoo parlors on Main Street. Commissioner Emery will support this application after a lot of consideration. She stated it was most likely an oversite that tattooing wasn’t included in the B-1 zone. Commissioner Pylant will be supporting this application. Carrie Carella, Portland, Connecticut, owner of Nora Cupcake. She spoke in support of the application. Erika Moody, owner of Moods Studio, 725 Main Street, Middletown, is in support of this application. Heather Kelly, Glastonbury, Connecticut, owns Harry’s Jailhouse, 51 Warwick Street, spoke in support of this application. Commissioner Fulton commented that we shouldn’t be changing the code for every applicant but she will be supporting this application. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Fulton. Passed unanimously: 7-0. Motion to approve the text amendment as described by staff. Moved by Commissioner Spencer, seconded by Commissioner Cunningham. Passed: 6-1 (For: Pattavina, Fulton, Pylant, Cunningham, Emery, Spencer) (Against: Giuliano) 6.3 Request for a special exception to open and operate a Tattoo Studio at 466 Main Street in the B-1 zone. Applicant/Agent: Holli Strobel/Goldtooth Tattoo Co., LLC. SE2024-6. Holli Strobel stated that this would be a one thousand square foot shop. It will follow the Health codes and regulations. They will get the required licenses through the State. Any employees will have to follow certain standards and have certain licenses. Ms. Strobel went over statistics and demographics in favor of her business. Hours of operation will be 11 am to 7 pm. Commissioner Giuliano will be supporting this application since it now complies with the zoning code. Commissioner Pattavina commented that this business will make a great addition to downtown. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Page 3 of 5 Passed unanimously: 7-0. Motion to approve the special exception. Moved by Commission 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 for the renewal of two leases for Coughlin Services, Corp. and David Lenz Landscaping, LLC at the R.M. Keating Historical Enterprise Park, 180 Johnson Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-12. Director Kozikowski presented the application. He explained that this is a renewal of leases that the Planning and Zoning Commission must approve before they go before other commissions and committees. Motion to grant the GS 8-24. Moved by Commissioner Giuliano, seconded by Commissioner Emery. 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 May 8, 2024 regular meeting minutes. Moved by Commissioner Spencer, seconded by Commissioner Giuliano. Passed: 6-0-1 (Abstained: Commissioner Fulton) 10.2. RiverCOG Report Commissioner Emery reported that the meeting consisted of the legislative session and what passed. 10.3. Staff Report Director Kozikowski passed out a couple of documents that has info on meetings the commission may be interested in attending. 10.4. Commission Affairs None. Page 4 of 5 11. Adjournment Motion to adjourn Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 5 of 5