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 REVISED WEDNESDAY, January 8, 2025 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: 7:00 PM End: 8:39 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 (Remotely) Commissioner Morgan Monarca Commissioner Elizabeth Emery Commissioner Nathaniel Spencer Commissioner Tyler Eckstrom Commissioner Alan Cunningham (Arrived at 7:02pm) Absent: None. Staff: Marek Kozikowski, Director of Land Use Public: 12 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 8 None. 5. Confirmation that all hearing signs have been properly posted Director Kozikowski stated that the public hearing sign has been properly posted. 6. Public Hearings 6.1 Continued: Request for a special exception and site plan modification including relocating the location of the indoor athletic field building and new uses including a brewery with outdoor seating, offices, retail spaces, physical fitness center and physical therapy uses in the existing building located at 49 Randolph Road in the MXI zone. Applicant/Agent: Zach Eddinger/Vale Sports Club. SE2024-10. Commissioner Giuliano suggested combining item 6.1 and item 8.1 since they both involve the same property. They will vote on each application separately. Attorney Sylvia Rutkowska, Arch Law Group, answered that they would prefer to keep the applications separate. Atty. Rutkowska began to present the special exception application by pointing out the revised project narrative. Atty. Rutkowska stated that they received ten letters of support and that they spoke to neighbors of the Newfield Street facility to give the neighbors of 49 Randolph Road an idea of what to expect. Zach Eddinger, 37 Clark Road, Haddam, continued with the presentation. Mr. Eddinger explained that they have a liquor license to serve beer and wine to their members at their Newfield Street location. The uses Mr. Eddinger is proposing is a brewery, a gym, physical therapy, and office share space. Eli Cannon’s and ECBC will be the brewery tenant. The brewery will have a covered outdoor space with lighting. The brewery is being built to service their membership. There will be three separate entrances and exits to make for good traffic flow. Live music will take place indoors. There will be no noise impact. The greatest noise will come from the kids on the soccer fields. Mr. Eddinger mentioned the numerous letters of support they have received including one from the Chamber of Commerce and one from Middlesex Health. Mr. Eddinger read these two letters into the record. Claudia DeFrance, 664 Bartholomew Road, spoke against this during the previous meeting, but after doing further research and speaking to Mr. Eddinger, Ms. DeFrance is in support of this application. Commissioner Eckstrom commented that he likes the fact that Mr. Eddinger worked with the neighbors. He believes this project is a great idea. Atty Rutowska added to the record the responses that Bascom & Benjamin provided to the Public Works comments. They also received an email from the city engineer that the plans are acceptable. Rocco LaMonica, 695 Main Street, Eli Cannons, explained that their intention is to service people during games until the end of the game. Josh Eddinger, 293 Main Street, Durham, commented that this facility is a community space for families and friends to spend time together. Ed, 127 Britt Road, East Hartford, spoke in support of this project and believes this facility will bring the community together. Page 2 of 8 Jared Coggins, owner of Paladin Property Management at 49 Randolph Road, spoke in support of this application focusing on this being a community hub. He believes this will be an asset, not a liability to the community. Commissioner Pattavina asked the applicant to explain in further detail the music. Mr. Eddinger explained that they don’t plan on having loud, jam-style bands. It would be mood music. There will be no live, outdoor music. Commissioner Fulton asked if they’ll have a PA system for announcements. Mr. Eddinger answered yes, at the fields. Commissioner Pattavina supports this application. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Commissioner Fulton will be supporting this application. Commissioner Giuliano commented that Mr. Eddinger satisfied all of his concerns. He will be supporting this application. Commissioner Monarca will be supporting this application. Director Kozikowski requested that the commission consider a condition of approval for the hours of operation of the indoor uses of the building to ensure that activity doesn’t extend late into the night. Commissioner Pattavina agrees with that condition. Commissioner Monarca suggested having a last call. Motion to reopen the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. Mr. Eddiger requested an 11:00pm close time. Ms. DeFrance suggested 10:30pm. Mr. Eddinger agreed to that time. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. Motion to approve the special exception with the condition that all activity pertaining to the brewery cease by 10:30pm moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. 7. Old Business None. 8. New Business Page 3 of 8  8.1. Request for a site plan modification including relocating the location of the indoor athletic field building and associated modifications to the parking layout, landscaping, and utilities on property located at 49 Randolph Road in the MXI zone. Applicant/Agent: Zach Eddinger/Vale Sports Club. Applicant/Agent: Zachariah Eddinger/Vale Sports Club. SPR2024-203. Zach Eddinger, 37 Clark Road, Haddam, presented the application explaining that moving the field house to attach to the upper soccer fields will eliminate children crossing the parking lot. Mr. Eddinger explained that this building won’t be built for another two years to give them time to decide if they want to renew their lease on Newfield Street or move over to this new location. Commissioner Emery stated that after two years if an applicant hasn’t started work on the project, they have to come back for approval. Director Kozikowski added that according to State Statute, an approved site plan has five years to be completed with the ability for the applicant to request a five year extension. Commissioner Emery asked for clarity on their right-of-way and then wanted to make sure that there will be bike racks. Mr. Eddinger clarified that he doesn’t have a right-of-way, he’s giving a right-of way. Motion to approve the site plan. Moved by Commissioner Spencer, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 8.2. Request for an affirmative GS 8-24 report for a new commercial lease for Empowering Hearts Therapy, LLC at the R.M. Keating Historical Enterprise Park. 180 Johnson Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-23. Director Kozikowski explained that Empowering Hearts Therapy are looking to lease 540 square feet of space. They will be seeing patients on a one on one basis. There was concern about parking since each of these GS 8-24’s will have onsite clients. There is ample parking onsite. Motion to affirm the GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0. 8.3. Request for an affirmative GS 8-24 report for an amended lease for Cloak Tactical Performance Physical Therapy, LLC at the R.M. Keating Historical Enterprise Park. 180 Johnson Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-24. Director Kozikowski explained that this is for a 2,050 square foot lease for a physical therapy business. Motion to affirm the GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0. 8.4. Request for an affirmative GS 8-24 report for a new commercial lease for Horizon Counseling and Outreach Center, Inc. at the R.M. Keating Historical Enterprise Park. 180 Johnson Street. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-25. Director Kozikowski explained that this is for a lease for 900 square feet. This application as well as the Page 4 of 8 previous two GS 8-24 applications fits into the adaptive reuse of this historic building. Motion to affirm the GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 8.5. Rescinding an affirmative C.G.S. § 8-24 report given on October 16, 2024 for the sale of real property at Map-Lot 42-0183 and conveyance of a maintenance easement to the State of Connecticut. Applicant/Agent: Christopher Forte/Office of the General Counsel. GS 8- 24 2024-20. Commissioner Giuliano stated that the Common Council unanimously rejected this transaction. Motion to rescind the affirmative 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 Alyse Sender, 265 Grand View Avenue, Waterbury, Ms. Sender is the owner of the Vape Vault located at 608 Main Street. She spoke in regards to the gate that she’s using at 608 Main Street. Ms. Sender explained that she got permission from her landlord to install a gate. When she went to the Land Use Department, she was informed that gates are not allowed. She put the gate up to protect her business. Motion to add a discussion. Moved by Commissioner Emery, seconded by Commissioner Spencer. Passed unanimously: 7-0. Director Kozikowski explained that they received complaints about the gate being installed from other business owners on Main Street. The Zoning Code prohibits the external gates. Director Kozikowski referred to the previous meeting in that gates are prohibited according to the zoning code and therefore the Vape Vault is in violation of the Zoning Code. A cease and desist order was issued and the gate can stay as long as it stays up. Ms. Sender expressed her concerns about the number of break-ins that have been occurring on Main Street. Ms. Sender explained that there are other businesses on Main Street that have gates. She stated that Ramirez Grocery Store has a gate. Director Kozikowski said that they will investigate that business. Director Kozikowski asked Ms. Sender to describe what kind of business the Vape Vault is. Ms. Sender answered it’s a smoke shop that sells cigars, smoke accessories, candles. Director Kozikowski asked if she sells cannabis or THC products. Ms. Sender answered no. Director Kozikowski showed the commission photos of the exterior of the Vape Vault which depicted cannabis imagery in its windows. Page 5 of 8 Ms. Sender explained that those are just images. She again stated that she does not sell THC products. She just wants to be able to use the gate to protect her inventory. Commissioner Monarca believes that Ms. Sender doesn’t sell marijuana products out of her store. The North End is not the best area in town. She has a right to protect her business. Commissioner Pattavina agrees with Commissioner Monarca however the regulations don’t allow gates on Main Street. If there are other businesses that have these gates, they will have to be investigated as well. This was discussed at a previous meeting and it was determined that gates are not allowed in this zone. Commissioner Giuliano agrees with Commissioner Pattavina. We are not in a position to change this regulation tonight without notice and a public hearing. Commissioner Eckstrom agrees with Commissioner Monarca that Ms. Sender has a right to protect her business with a gate. Commissioner Spencer asked if Director Kozikowski can put together a report on what other communities are doing. Commissioner Pattavina answered that we should focus on communities that are similar to ours such as Wallingford or Meriden. Commissioner Fulton agrees with Commissioner Monarca. Commissioner Emery commented that at the previous meeting the commission agreed that gates on Main Street are prohibited. She explained that she walks down the North end of Main Street and has never felt threatened. Commissioner Monarca asked what the repercussions will be if Ms. Sender keeps putting down the gate. Commissioner Pattavina stated that until there’s a change in the regulations there will be fines. Director Kozikowski elaborated that there is a cease and desist order in place so if the Ms. Sender uses the gate she will be in violation of the cease and desist. Penalties will eventually start if the order is continued to be violated. Commissioner Giuliano stated that the commission doesn’t enforce. Unless there’s a piece of legislation in front of the commission, this discussion is just a hypothetical. Motion to close the discussion. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Emily McEvoy, 254 Carriage Crossing Lane, informed the commission that she will be confirmed at the next Common Council meeting as a new Planning and Zoning Commissioner. Page 6 of 8 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the November 13, 2024 special meeting minutes. Commissioner Emery wants the last statement of item 10.4 to read, Commissioner Emery recommended that when approving applications and with outstanding comments to be addressed, that there be an addendum as part of the motion to approve. Motion to approve as amended. Moved by Commissioner Giuliano, seconded by Commissioner Pylant. Passed unanimously: 7-0. 10.2. RiverCOG Report None. 10.3. Staff Report None. 10.4. Commission Affairs Commissioner Emery pointed out that half of the letters of support for 49 Randolph Road did not have an address or a date. Commissioner Emery would like to propose that any letters of support should include this information. Director Kozikowski stated that we can request this information but if someone insists on submitting something for the record, we have to accept it. Commissioner Emery asked that if someone came before the Planning and Zoning Commission and they chose not to provide their name or their address, are we still obligated to hear them. Director Kozikowski answered that the only thing that obligates them to state their name and address is that it’s required in the P&Z bylaws which the public is not a party to. There is no statutory requirement or city ordinance. Commissioner Emery suggested posting on the city website that we request this information so that we can remain consistent. Commissioner Emery also requested it would be helpful that more detail be provided on the GS 8-24 applications for businesses because the the business name doesn’t always clarify what services that business offers. Director Kozikowski stated that he will request that more information be provided by the applicant. Page 7 of 8 Commissioner Emery asked if the timeline is something we should look at changing in our bylaws Director Kozikowski stated that the timeline is something that should be changed. Commissioner Giuliano agrees with commissioner Emery’s first point. In regards to the timeline, we should just defer to the state statute. Commissioner Emery stated that she doesn’t want to see regulations stay that the public won’t understand that it supersedes a state statute that they don’t know about. 11. Adjournment Motion to adjourn Moved by Commissioner Spencer, seconded by Commissioner Giuliano. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 8 of 8