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, July 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: 7:07 PM End: 8:22 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 Morgan Monarca Commissioner Elizabeth Emery Commissioner Alan Cunningham (Seated for Commissioner Pylant) Commissioner John Carlson (Remotely) Absent: Commissioner Rogers Pylant Commissioner Nathaniel Spencer Commissioner Tyler Eckstrom Staff: Marek Kozikowski, Director of Land Use Public: Eleven 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 David Winkle, 418 Mile Lane, asked about the status of the Red Maple Swamp easement. Commissioner Pattavina informed Mr. Winkle that this item is not on the agenda and that he will have to wait until item nine on the agenda to speak or call Director Kozikowski the next day. 5. Confirmation that all hearing signs have been properly posted Director Kozikowski confirmed that the public hearing sign has been properly posted. 6. Public Hearings 6.1. Request for a special exception for a 20-unit hotel and restaurant as an adaptive historic preservation of two historic buildings located at 11 and 15 South Main Street in the MXC zone. Applicant/Agent: 11 SOMA, LLC & 15 SOMA, LLC/Brill Hospitality Group, Inc. SE2024-7. Attorney Rich Carella, representing the Brill Hospitality Group, introduced the application. Peter Brill, the developer, 67 Fresh Pond Road, North Port, New York began the presentation. He explained that when he visited Middletown last year he had to stay at a hotel that was not in Middletown since the Inn was completely booked. They are proposing an eighteen unit hotel at 11 South Main Street and a small bistro restaurant with two suite hotel rooms on the second floor at 15 South Main Street. Mr. Brill spoke about his affection for historic architecture and so has a great dedication to historical preservation. Atty. Carella continued the presentation with describing the site plan. He pointed out the twenty-six parking spaces in the parking lot next to 11 South Main Street which is more than sufficient for the hotel. For the bistro, there is more than enough off-street parking. Atty. Carella explained that they are proposing to construct a third floor dormer to 11 South Main Street to accommodate additional units. There will be seven units on the first floor, eight units on the second floor and on the proposed third floor, they will have three rooms. Atty. Carella informed the commission that this proposal was reviewed by the Design Review and Preservation Board just before this meeting and was approved with conditions. Atty. Carella continued with describing the plans for 15 South Main Street. He reiterated what Mr. Brill stated that there will be two suites on the second floor and the first floor will have a bistro restaurant which will be open to the public for lunch and dinner. There will be signage that will direct people on how to access the site. Jennifer Alexander, 110 Washington Street, stated her excitement for this application. This will be a positive addition to Middletown. Kristen Rzasa, 54 Dorothy Drive, supports this application but had questions about the floor plans for the bistro and fencing. (The audio was cutting out so Ms. Raza’s comments were inaudible.) David Winkle, 418 Mile Lane, asked if there will be a requirement for EV parking spaces. Atty. Carella answered Mr. Winkle’s inquiry saying that they are trying to preserve the historic nature of the property. Atty. Carella understands the need for EV spaces but they are not seeking that at this time. Director Kozikowski stated that new developments require EV parking spaces. Since this proposal is repurposing existing buildings, EV stations are not required for this project. Catherine Johnson, 161 College Street, expressed support for the use but would like to see the 15 South Main Street building moved to a better location. Director Kozikowski added to the record two letters of support for this project. One letter is from the President of the Middlesex Chamber of Commerce and the second letter is from the Mayor of Middletown. Page 2 of 5 Commissioner Emery supports this application. She expressed her concerns about the location of the signage and the traffic in the area. Commissioner Monarca is in support of this application and would like to see the historical part of it be preserved. Commissioner Giuliano will be supporting this application. Commissioner Cunningham asked the applicant to explain what they intend to save of 15 South Main Street. Atty. Carella answered that 15 South Main Street comes with a number of restrictions. They can’t tear it down or move the building. They will be working within the restrictions as best as they can. Commissioner Fulton commented that she’s grateful that they’re trying to preserve the history of the properties. She’s happy to see another restaurant on the South side. Commissioner Pattavina will be supporting this application. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 6-0. Motion to approve the special exception with conditions. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 6-0. 7. Old Business 7.1. Request for an affirmative GS 8-24 report for a new lease to the Middletown Board of Education for storage space at the R.M. Keating Historical Enterprise Park, 180 Johnson Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-14. Director Kozikowski reiterated that at the last meeting the commission requested an opinion from the Legal Department. Director Kozikowski read into the record a memo from Assistant General Counsel Attorney Christopher Forte in which he stated the Board of Education can enter into lease agreements. Commissioner Giuliano isn’t satisfied by the opinion of Atty. Forte. Commissioner Giuliano stated that the Middletown Board of Education is encompassed within this Municipality. This lease is between the City of Middletown and its own Board of Education. Commissioner Giuliano doesn’t see anything that requires a lease. The City of Middletown has the ability to make its own property available for the use of the Board of Education if they need it. Commissioner Giuliano doesn’t have an issue with the Board of Education using the space. He has an issue with having a lease. Commissioner Giuliano moved to have this postponed for further clarification. Commissioner Cunningham seconded the motion. Director Kozikowski explained that for this type of review the commission has to provide a report within thirty days of receiving it. A postponement would exceed the timeframe and count as an automatic approval. Commissioner Giuliano withdraws his motion to postpone and then made a motion to deny this Page 3 of 5 application without prejudice. Commissioner Cunningham agreed to the withdrawn motion. Commissioner Emery asked what the downside is for approving this application. Commissioner Giuliano answered that for the Planning and Zoning Commission there is no downside. A discussion ensued on approving this application. Director Kozikowski informed the commission that they cannot condition an 8-24 positive report. Motion to grant an affirmative GS 8-24 report for the Board of Education to use a portion of the bulidng at 180 Johnson Street for storage. Moved by Commissioner Giuliano, seconded by Commissioner Cunningham. Passed: 5-1 (For: Pattavina, Giuliano, Fulton, Monarca, Cunningham) (Against: Emery). 8. New Business 8.1. Request for a site plan approval for the conversion of a gas station service shop into a convenience store located at 159 Main Street Extension in the MXI zone. Applicant/Agent: Krys Santora/Brake Pro, LLC. SPR2024-114. Aisha Khan, Guilford, and Krys Santora, Southington, presented the application. Aisha explained that her company flips commercial properties. They are assisting Ms. Santora add three tanks for premium and regular gas as well as diesel. They are looking to convert the service shop into a convenience store. Commissioner Giuliano asked if this is expanding a nonconforming use or changing a nonconforming use. Aisha answered it’s changing a nonconforming use and less impactful. Motion to approve the site plan. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed: 6-0. 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 Commissioner Emery stated that her name is listed in both being present and absent. She was absent for the June 26, 2024 meeting. Motion to approve the June 26, 2024 regular meeting minutes as amended. Moved by Commissioner Giuliano, seconded by Commissioner Cunningham. Passed: 5-0-1 (Commissioner Emery abstained). Page 4 of 5  10.2. RiverCOG Report None. 10.3. Staff Report Director Kozikowski reported that the conservation easement for Red Maple Swamp, they are working on getting the site surveyed. They are also looking at creating a multi-use trail. Director Kozikowski discussed the illegal cannabis sales that are happening in town in convenience stores. The Land Use Department instituted a policy for when we receive a site plan application for a new convenience store, we are requesting a notarized affidavit provided by the applicant acknowledging that they will not be selling illegal cannabis products. Otherwise they risk revocation of their approval. Director Kozikowski also informed the commission that there is no business for the July 24th Planning and Zoning meeting. 10.4. Commission Affairs Commissioner Pattavina informed the commission that he will not be able to attend the July 24th meeting and recommended not having the meeting. The commission agreed. 11. Adjournment Motion to adjourn Moved by Commissioner Cunningham, seconded by Commissioner Giuliano. Passed Unanimously: 6-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 5 of 5