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, September 25, 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: 8:55 PM 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 (Remotely) Commissioner Tyler Eckstrom Commissioner John Carlson (Remotely) (Seated for Commissioner Fulton) Commissioner Alan Cunningham (Remotely) Absent: Commissioner Shanay Fulton 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 6 5. Confirmation that all hearing signs have been properly posted The public hearing sign for item 6.1 has been properly posted. 6. Public Hearings 6.1 Request for a special exception to convert an existing building into a mixed use building with two 5-bedroom apartments, retail space, and event space at 33 Pleasant Street in the MXC zone. Applicant/Agent: Saumya Mittal/Gritty Realty. SE2024-8. Saumya Mittal, 74 Brookside Drive, West Hartford, presented the application. Mr. Mittal explained that the plan they have will happen in three phases. The first phase is to create two 5-bedroom apartments for either nurses or have it as student housing. The second phase is to create retail on the first floor. Either a coffee shop or flower shop. The third phase entails creating an event space on the first and second floors in the back of the building. Commissioner Giuliano asked about the parking spaces in the back of the building. Mr. Mittal answered that they are talking to Middlesex Health to gain access to those parking spaces from Crescent Street. There are four parking spaces in the front off of Pleasant Street. Director Kozikowski commented that the applicant needs to show legal access to the parking spaces in the back of the building. In regards to the five bedroom residential units, any unit with four bedrooms or more that house unrelated individuals requires a special exception. The parking onsite at the front and back of the building would be enough to accommodate the proposed retail venue and residential units. The parking demand for the event space is in question. The applicant isn’t proposing any changes to the façade of the building. If he would like to do so in the future he will have apply to the Design Review and Preservation Board. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Motion to approve the special exception with the following conditions: 1. Legal access shall be secured to the parking lot prior to occupancy of the building. 2. Prior to the activation of the event space, the applicant/owner shall secure additional off site/off street parking and return to the Planning and Zoning Commission for approval. 3. The occupancy of each residential unit shall be limited to 5 persons. 4. Any changes to the façade of the building that is visible from the public way shall be reviewed and approved by the Design Review and Preservation Board. 5. Any outstanding department or DRPB comments shall be addressed. 6. A plan for wayfinding signage for residents and patrons shall be provided to Land Use Staff for review. 7. The Fire Marshal and Building Department shall review and approve construction plans. 8. A certificate of special exception shall be recorded with the Town Clerk. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 6.1 Petition to amend Sections 6.2.2 and 5.6 of the Middletown Zoning Code regarding special exception standards for cannabis retail and cannabis micro-cultivation and cannabis retail as a special exception use in the B-1 zone. Applicant/Agent: City of Middletown. Z2024-6. Director Kozikowski presented the application. He explained that the motivation behind this petition is economic opportunity to create a diversity of businesses in the B-1 zone. The standards for cannabis special exceptions would be modified to eliminate the density requirement, which is no longer required Page 2 of 6 by State statute and then add a distance requirement between cannabis establishments of 1,500 square feet. Other standards include but are not limited to a traffic management plan that demonstrates adequate safety measures for vehicular and pedestrian traffic as well as prohibiting cannabis advertising on any building frontage along Main Street. Commissioner Monarca commented that Main Street is family oriented with restaurants, Kid City and special events. He doesn’t think that Main Street is the place to sell cannabis. Commissioner Giuliano commented that he has reservations about this application. He doesn’t think this is compatible with the atmosphere of downtown Middletown. This is allowed in two other zones. Commissioner Giuliano can’t see any reason to change the zoning code. He will not be supporting this application. Commissioner Pattavina agrees with Commissioner Giuliano that cannabis doesn’t need to be added to another zone. Commissioner Carlson commented that he doesn’t think that allowing cannabis in the B-1 zone will have much of an impact. Commissioner Eckstrom commented that he doesn’t see the need to change the zoning. Bill Wilson, 220 Woodbury Circle, Middletown, doesn’t see the need to change the zoning code. There are young people and children downtown all the time. This should not be on Main Street. Commissioner Giuliano commented on the Downtown Business District Commission letter the Planning and Zoning commission received that voted unanimously to oppose this application. The changes to the State law are not mandates. Commissioner Cunningham commented that it’s hard to make this change without any idea of where this might be placed. Christine Marques, Director of Economic and Community Development for the City of Middletown, informed the commission that there is a three percent tax that the City receives as a municipality from the sales of cannabis products. The store on Washington Street brings in approximately $17,700 per month over the last year. That money is used for economic programs for small businesses and streetscapes. Commissioner Giuliano commented that he would like to see some of the cannabis zoning code language change but remove allowing cannabis in the B-1 zone. Commissioner Carlson agreed with Commissioner Giuliano. Director Kozikowski noted the written comments that were submitted. One was from RiverCOG, one was from Diane Aresco who wrote a letter of opposition. Motion to close the public hearing. Move by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. Motion to approve the amendment. Moved by Commissioner Giuliano, seconded by Commissioner Carlson. Motion Failed: 1-6. (For: Carlson) (Against: Pattavina, Giuliano, Pylant, Emery, Monarca, Spencer) Denied. 7. Old Business None. Page 3 of 6 8. New Business 8.1. Presentation & Input Session: RiverCOG Thriving Communities Transit Oriented Development (TOD) Vision Plan. Project overview and community input session to enhance multimodal connectivity and promote walkable, compact, and mixed- use development near the region’s three Shoreline East and the City of Middletown’s bus terminal. Commissioner Giuliano made a motion to move item 8.1 to be the next item of business before item 6 Public Hearings. Commissioner Emery seconded the motion. Passed unanimously: 7-0. Suzy Beckman, RiverCOG, explained that they have applied for a grant from the U.S. DOT for technical assistance and some capacity building to move forward with some transit oriented development plans. The plan that was awarded the grant was connecting Middletown with three towns along the shoreline that have Shoreline East stations. This project is still in the early stages and they’re looking for input from the commission. Feedback can be left at thinkdot.org. Ms. Beckman encouraged that this website be shared with others so that they can provide input. Ms. Beckman explained this is the Thriving Communities Program, TCP, that aims to provide technical tools and organizational capacity building support to develop areas around out transit hubs. In Middletown, it would be around the bus station and in Clinton, Old Saybrook, and Westbrook it would be around the train stations and then connect those hubs together. They are looking to develop areas around the hubs that are walkable, dense and interesting places with mixed use developments. Miranda Zhang, project manager with WSP, presenting remotely, discussed the project in further detail. Community input is the key to success. This is not a transit plan. It’s a plan for improvements around the station areas. They will be conducting a fifteen month study. The public can check project updates on the RiverCog website. This project will provide benefits from lifestyle to environmental to economic. Commissioner Giuliano commented that Middletown has pretty much everything around its transit hub with the exception of the residential component which is lacking on Main Street. The City is trying to bring that back. Once we have more residents in the downtown area that will bring the full service grocery store that is missing from the area. Bill Wilson, 220 Woodbury Circle, Middletown, expressed his concerns about the availability of parking downtown. 8.2. Request for a site plan approval for the proposed service establishment - beauty bar, spa, and wellness center located at 85 & 87 Bernie O’Rourke Drive in the B-2 zone. Applicant/Agent: Tara Hall/T Glow, LLC. SPR2024-153. Tara Hall began the presentation stating that she is before the commission to ensure that she is in compliance with the zoning code for the parking that is needed for her business. Through the Chair, Director Kozikowski elaborated on the application. This is a permitted use in the B-2 zone. The site has very little parking onsite. He explained that the commission has the authority to modify the parking requirement when it’s unfeasible to add parking to the site. There is a municipal parking lot across the street from the business. Commissioner Giuliano commented that this existing building and lot will continue to have parking issues due to its size. The municipal parking across the street is a huge parking lot and can be used to accommodate this business without interfering with any games that will be going on at Palmer Field. Commissioner Pattavina agrees with Commissioner Giuliano. Motion to approve the site plan. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Page 4 of 6  8.3. Request for an affirmative GS 8-24 report for a new lease for Mizzi Cosmetics, LLC at the R.M. Keating Historical Enterprise Park, 180 Johnson Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-18. Director Marques presented the application. She explained that this is a proposed lease on the second floor of the Keating building for cosmetic manufacturing. Its 3,000 square feet of rentable space that they will be leasing. Mizzi Cosmetics is an up and coming company. They’ve made it into the Oscar’s swag bag. Motion to affirm the GS 8-24. Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. 9. Public comment on topics which are not or have not been subject of a public hearing David Winkel, 418 Mile Lane, requested an update on the surveying of Red Maple Swamp. Director Kozikowski answered that the City is trying to finalize a revised contract with SLR since there was modifications to their project. Once this is taken care of, then the project can move forward with the planning and design of the multi-use trail. 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the August 28, 2024 regular meeting minutes. Moved by Commissioner Spencer, seconded by Commissioner Carlson. Passed unanimously: 7-0. 10.2. RiverCOG Report Commissioner Emery reported that there was a meeting on September 23rd in which they spoke about the River Valley Transit. There are Sunday services that are on some of the routes, there is on-demand service expansion, there are extended hours, and there are federal funds that became available for bus shelters for Middletown. They’ve also instituted Tap and Ride where you can pay on your phone if you don’t have cash. Online they have a trip planner to assist people to plan their trips through Middletown and throughout the area. They also spoke about a Safe Streets for All Project. This is an eighteen month project to find ways to create pedestrian safety, bicycle safety, and driving safety. People will be able to submit comments. The Regional Housing Committee will be releasing a report within the next two weeks. 10.3. Staff Report Director Kozikowski reported on September 11th the Connecticut Chapter of the Planning Association hosted a housing forum in New Haven to discuss the housing crisis in Connecticut. Director Kozikowski reminded the commission that the October 23rd Planning and Zoning meeting will be canceled due to early voting on that day. Commissioner Emery asked Director Kozikowski to update the commission on the Thriving Page 5 of 6 Communities Transit project and how there is going to be interchange between that program which is a federal DOT grant program and the Route 9 project. Director Kozikowski explained that there have been meetings between the Thriving Communities Team and City staff. The Thriving team is aware of the route 9 project. 10.4. Commission Affairs None. 11. Adjournment Motion to adjourn Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 6 of 6