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) Alan Cunningham (’27) Emily McEvoy (’26) Ex- Ex- Officio Officio Mayor InterimBen Florsheim Mayor Gene Nocera Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES WEDNESDAY, July 9, 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: 7:08 PM End: 7:54 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 Emily McEvoy (Seated for Commissioner Monarca) Commissioner Alan Cunningham Absent: Commissioner Morgan Monarca Staff: Marek Kozikwoski, Director of Land Use Public: Three members of the public in person. Two members of the public on WebEx. 3. Items removed from the Agenda Director Kozikowski informed the commission that items 6.1 and 6.2 regarding 5 St. John’s Square have been postponed by the applicant to the August 13th meeting. Page 1 of 5 4. Public comment on items on the agenda which are not currently scheduled for a public hearing None. 5. Confirmation that all hearing signs have been properly posted Director Kozikowski confirmed that all public hearing signs have been posted. 6. Public Hearings 6.3 Request for a subdivision creating eight (8) lots from a 17.6 acre property located at Arbutus Street (Map-Lot: 38-0183) in the R-30 zone. Applicant/Agent: Richard D. Carella, Esq/Updike, Kelly & Spellacy PC. S2025-4. Commissioner Pattavina asked Commissioner McEvoy and Commissioner Fulton if they have reviewed the last Planning and Zoning meeting as well as the application materials. Both Commissioner McEvoy and Commissioner Fulton confirmed that they have reviewed the application material as well as the previous Planning and Zoning meeting. Attorney Ricard Carella explained the changes they made to the site plans since the last meeting. Originally, they planned for separate driveways for each of the rear lots but that would have added three driveway entrances to Arbutus Street. Per the comments they received, they combined three of the driveways into one serving three lots. They’ve also combined the driveways for lots five and six. Atty. Carella then discussed a possible conservation easement along the back of the property. They’ve decided not to pursue the conservation easement because Mr. Charton would like to be able to use the land for allowable activities in the wetlands area. However, before moving forward with any activity, Mr. Charton would have to notify the Wetlands Commission for any activity occurring in the regulated area or if they wanted to add a pool or structure on the rear lots. Commissioner Spencer asked if Mr. Charton had a chance to speak to the neighbors about these changes. Stephen Charton explained that the petition that he presented to the commission last meeting is when he spoke to neighbors. He has not spoken to them since the changes to the plans have been made. Commissioner Eckstrom commented that the applicant did a good job speaking to the neighbors about this project. Commissioner Giuliano commented that at the last meeting the applicant wasn’t opposed to a conservation easement and the commission was willing to accept a conservation easement. Now, we’re not. Commissioner Giuliano thinks the applicant is taking an inconsistent position. If the commission wants the conservation easement, there should be one. Atty. Carella responded that at the last meeting the intention was to provide a conservation easement. After reconsideration, they determined that it would serve no purpose. Director Kozikowski clarified that a conservation easement would add further restrictions to the use of Page 2 of 5 the back portion of the lot. Also, a good portion of that land is in the floodplain. It’s up to the commission whether they want to have a conservation easement over the land or not. If the commission wants a conservation easement, Director Kozikowski has suggestions on where the conservation easement line will be. Commissioner Pattavina is ok moving forward without the conservation easement. Commissioner Giuliano asked if wetlands regulations and a conservation easement are enforced differently. Director Kozikowski responded yes. Commissioner Pylant is also ok without the conservation easement. Commissioner Pattavina stated that they’re going to move forward without the conservation easement. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Commissioner Giuliano commented that this is a well thought-out project and any subdivision in which the developer is planning to live there themselves is good for the neighbors. He will be supporting this application. Commissioner Fulton commented that she is glad the applicant did his due diligence in speaking to the neighbors. Motion to approve the subdivision. Moved by Commissioner Spencer, seconded by Commissioner Fulton. Passed unanimously: 7-0. 6.4 Request for a special exception to construct a single family home on the proposed rear lot (Lot 2) located at Arbutus Street (Map-Lot: 38-0183) in the R-30 zone. Applicant/Agent: Richard D. Carella, Esq/Updike, Kelly & Spellacy P.C. SE2025-4. Motion to approve the special exception. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0. 6.5 Request for a special exception to construct a single family home on the proposed rear lot (Lot 3) located at Arbutus Street (Map-Lot: 38-0183) in the R-30 zone. Applicant/Agent: Richard D. Carella, Esq/Updike, Kelly & Spellacy P.C. SE2025-5. Motion to approve the special exception. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0 6.6 Request for a special exception to construct a single family home on the proposed rear lot (Lot 5) located at Arbutus Street (Map-Lot: 38-0183) in the R-30 zone. Applicant/Agent: Page 3 of 5  Richard D. Carella, Esq/Updike, Kelly & Spellacy P.C. SE2025-6. Motion to approve the special exception. Moved by Commissioner Spencer, seconded by Commissioner Emery: Passed unanimously: 7-0. 6.7 Request for a special exception to construct a single family home on the proposed rear lot (Lot 6) located at Arbutus Street (Map-Lot: 38-0183) in the R-30 zone. Applicant/Agent: Richard D. Carella, Esq/Updike, Kelly & Spellacy P.C. SE2025-7. Motion to approve the special exception. Moved by Commissioner Spencer, seconded by Commissioner Fulton. Passed unanimously: 7-0. 7. Old Business None. 8. New Business 8.1. Request for an affirmative GS 8-24 report for a new commercial lease for Project Big Sky, LLC at the R.M. Keating Historical Enterprise Park. 180 Johnson Street. Applicant/Agent: Christine Marques/ECD. GS 8-24 2025-8. Judith Lamson-Rockwell, Economic Development Specialist, presented the application. Ms. Lamson- Rockwell explained that this tenant wants to open a retail store as well as a monthly subscription to a dietitian approved kids snack box. Motion to grant the GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0. 8.2. Request for an affirmative GS 8-24 report for a new commercial lease for Starlizzie Studio, LLC at the R.M. Keating Historical Enterprise Park. 180 Johnson Street. Applicant/Agent: Christine Marques/ECD. GS 8-24 2025-9. Judith Lamson-Rockwell, Economic Development Specialist, presented the application. Ms. Lamson- Rockwell explained that this tenant is an artist that is looking for a bigger space to work in to sell paintings, provide individual and group instruction and support outside artists. Motion to grant the 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 June 25, 2025 regular meeting. Page 4 of 5 Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. 10.2. RiverCOG Report None. 10.3. Staff Report Director Kozikowski distributed an updated copy of the Zoning Code to commission members. Included are the Subdivision regulations as well as a copy of the POCD. Director Kozikowski asked the commission if they know of anyone who would be interested in serving on the Zoning Board of Appeals. They are in need of three new member in both parties. The Zoning Board of Appeals has been having difficulties meeting due to lack of quorums. The Zoning Board of Appeals meets the first Thursday of the month at 5:30pm. Commissioner Giuliano will be making a suggestion to his party. 10.4. Commission Affairs None. 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 5 of 5