1.    Public Hearing – Petition of Middletown Commons Town Center, LLC requesting amendment to the Future Land Use Map, Map L-4 of the Middletown Comprehensive Community Plan to change the land use designation of property fronting on West Main Road and Coddington Highway, Assessor’s Plat 102, Lots 3, 4, 5, 6, and 7, from Institutional to General Business. Consider said petition for approval and recommendation to the Town Council.

2.    Review and recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Middletown Zoning Map referenced in Town Code Chapter 152 to change the zoning district designation of property fronting on West Main Road and Coddington Highway, Assessor’s Plat 102, Lots 3, 4, 5, 6, and 7, from public, traffic sensitive (PA) to general business, traffic sensitive (GBA)

3.    Review and recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Middletown Zoning Ordinance, Town Code Chapter 152, to create the West Main/Coddington Overlay District

a.    Motion by to open the public hearing. Vote: 6-0-0.

b.    Attorney Girard Galvin represented the applicant and stated that the requests before the Board night are on the ordinance changes and to create an overlay district, not a development project.

c.     Mr. Galvin provided some background information of the project to date including the Town’s comprehensive plan which identified this area on West Main Road and Coddington Highway for change, Town’s request for project proposals in 2020 and 2021. The applicant/development team from the start proposed a hotel component with extended stay option, residential housing with 10% of it affordable, retail space, and a municipal piece that is retained by the Town. The applicant held a public meeting on the proposed concept and the development agreement between the development team and Town was signed in October 2024. During that time, the municipal parcel which was originally intended to use for the library has now changed as the Town decided to proceed with having the library at another site.

d.    Mr. Galvin invited Middletown Town Administrator Shawn Brown to share the Town’s position and history of the five lots. Mr. Brown went over the history of the acquisition of the former Navy property and the 2011 Middletown West Main/Coddington Master Plan. Mr. Brown spoke about several conveyances on the property, the area being underutilized, references in the 2014 comprehensive plan, the Town’s exclusive negotiation agreement with the development team after selecting their proposal, and recommendations from the Citizens Advisory Committee, and the project will provide roughly $1.2 million annually in tax revenue. Mr. Brown stated the development team now has to get zoning amendments approved to start the project. The Planning Board’s review will result in a recommendation to the Town Council for zoning amendments to start this project.

e.    Mr. Galvin spoke about how the proposed zoning overlay should be similar  to the underlaying zoning district. Therefore, the applicant is proposing a change to the General Business (GB) zoning district. There was discussion about the need for zoning change to allow commercial use since it is currently for public use.

f.      Mr. Pierik asked for an explanation of the ground lease. Mr. Regan shared that the property is owned by the Town and is not being sold but instead is being leased separately for the hotel, retail, and residential pieces for 99 years. At the end of the lease, the property will be returned to the Town.

g.    Mr. Amarant spoke about making the process more public and asked whether the agreement is contingent on the zoning overlay and project approval which Mr. Regan confirmed.

h.    Mr. Galvin introduced certified planner Paige Bronk. There was discussion about amending the comprehensive plan future land use map (FLUM) as it is currently categorized as institutional and it needs to be changed to allow for commercial use. Mr. Bronk referenced areas in the comprehensive plan which showed the Town’s intent to use the land for economic development and mixed-use development.  There was discussion about the zoning map change. Mr. Bronk spoke about how the underlying zoning and overlay district work in tandem and it is the goal and best practice to make both aligned as much as possible. The proposed project aligns with the General Business zoning district the most and the area is surrounded by other General Business zones and uses.

i.      Mr. Galvin then went over the proposed zoning overlay district. The proposed overlay is written so it is similar to the Town’s mixed-use ordinance. There was discussion about the proposed 5-story hotel with a maximum height of 75 feet. The proposed height is so it meets the development standards related to the roofline design .

j.      There was discussion about the municipal space and the Town will determine its use and what limits to put on the land.

k.     Mr. Bronk shared he found the proposed overlay district conforms to the comprehensive plan and meets the purposes of zoning. Mr. Pierik clarified that the proposed zoning overlay district is specific to only these five lots.

l.      There was discussion about flat roof and limiting the municipal space to only public uses. Development team is okay with flat roof.

m.   Mr. Weber opened the floor for public input.

n.    Roberta Duffy, 284 Forest Ave, expressed concerns with Town Center name with a 75 feet hotel component, the traffic study, and required percentage of open space

o.    Melissa Welch, 535 Wolcott Ave, shared she is also the co-Chair of the Citizens Advisory Committee (CAC) but is expressing her personal views. Ms. Welch stated it would be appropriate to retain public zoning for the municipal space to be preserved as open space and to maintain for public, not commercial use. She expressed opposition to the 75’ hotel height for meeting design standards. Ms. Welch urged the Board to maintain a 40’ height limit.  

p.    Wendy Reel, 48 Swan Drive, expressed disappointment with changes to plans with loss of community center and gathering component and suggested keeping the building lower.

q.    Karen Biastre, 247 Maple Ave, suggested getting a traffic study done and to include a community space.

r.     Audrey Pfeiffer, 442 3^rd Beach Road, shared that a town center is for citizens of all ages and expressed opposition to hotel, bank, and lack of space for kids to play. Ms. Pfeiffer questioned the number of affordable units.

s.     Karen Rourke, 26 Renfrew Ave, shared that she was also on the CAC but was speaking on behalf of herself. Ms. Rourke spoke about that the hotel should comply with design regulations, mixed-use development instead of general business, the open space portion should be zoned open space, and asked for compliance with zoning regulations.

t.      Mike Murray, 102 Ridgewood Road, expressed concern with the design and loss of fields.

u.    Rose Hill, 36 Berkeley Court, expressed concern with height, landscape buffers, open space and baseball field, loss of space for children, opposition to general business zone, and with the number of affordable housing units.

v.     Terri Flynn, 34 Warren Ave, expressed that the residential units need to be developed first and suggested different zones for the different uses/portions and for a limited business zone and keeping a public parcel. Ms. Flynn questioned the 75’ proposed height and encouraged more workforce, low income, and senior housing. 

w.   Martha Coziera, 8 Miller St expressed want for public participation in negotiation process with developers, concern with only 10% affordable units, and questioned the plan’s compliance with the West Main/Coddington master plan.

x.     Valarie Gelb, 94 Shore Dr, asked clarification on voting process on the agenda items which Mr. Regan addressed. 

y.     John Garagliano, 22 Wood Rd, expressed opposition to the 75’ hotel and expressed concern with traffic.

z.     Mike Flynn, 34 Warren Ave, shared there are high-density residential, public, and institutional uses in the area.  

aa.  Debbie Murphy, 102 Ridgewood Road, shared she was also part of CAC, and agreed with the other comments and expressed opposition to a high hotel, two drive-thrus, and another bank.

bb.  Mr. Galvin responded to the comments and shared that a 5-story hotel is critical to the project and the 75’ height can be changed. The library is going to another area and is a better opportunity for the town and recreational space is being sought in other areas. Mr. Galvin spoke about how the developer spaces have remained consistent but there has been changes in the public space by the Town. There are more opportunities for public input in the entire process and the traffic study will be conducted and made public as it gets to that stage in the process.  

cc.  Mr. Vaillancourt stated the majority of the concerns are with the height. Mr. Galvin shared there is leeway to reduce the height with consideration of a flat roof building. Mr. Galvin spoke about asking for lower height with flat roof allowed by right in the zoning overlay.

dd.  Mr. Amarant shared that the master plan looks like a town center with town buildings, mixed-use, and residential housing but the proposal doesn’t feel like a town center. Mr. Galvin shared that the proposal is in response to the Town’s 2021 RFI. There was discussion about the master plan and how it is a wishlist and cannot generate revenue however the Town will still maintain a portion of the site for municipal uses yet to be determined. There was discussion about needing housing stock and to generate revenue on the site.

ee.  Mr. Amarant asked whether the 10% affordable housing has been determined which Mr. Galvin confirmed. The project is still in the early stages. The proposed 10% open space includes the municipal open space, buffers, and bike lanes. Mr. Galvin shared they are amendable to 1.5 acres of open space. There was discussion about the possible heights with different type of roofs. There was discussion about the difference between General Business and Limited Business and that General Business zone is the closest fit with the proposal.

ff.    Mr. Fenton expressed disappointment with the proposal. As the Planning Board rep on the CAC he talked about the concepts presented by the group in their report and how they were well received by everyone on the Town Council. The proposal, as presented, does not reflect any of the recommendations of the CAC report. He also expressed concern with the Pottsy Field relocation.

gg.  Mr. Pierik expressed concerns with General Business zone, height, and lack of placemaking,

hh.  Wendy Real, 48 Swan Dr, stated there has been a shortage of playfields historically.

ii.     Mike Flynn, 34 Warren Ave, stated RFI does not say anything about hotel but instead a mixed use and vibrant town center.

jj.     Terri Flynn, 34 Warren Ave, said other facility named Middletpwn Commons, and had proposal without hotel. Height issue, concenr with library . Change in project direction.

kk.  Mike Murray, 102 Ridgewood Road expressed concerns with traffic.

ll.     Karen Biastre, 247 Maple Ave, member of the  Affordable Housing Committee, shared the Committee’s recommendation that the amount of affordable housing should be greater than 10% and not less than 25%.

mm.               Mr. Galvin expressed the team will look into changes to the overlay district, placemaking, height, and open space parcel.

nn.  Mr. Croce expressed support for a change to Limited Business and expressed opposition to a 75’ hotel and asked for a community center.

oo.  Mr. Amarant acknowledged the development team’s work and investment and suggested change to Limited Business zoning district and a lower hotel building height.

pp.  Mr. Fenton spoke about how the Town needs to decide what to put in the municipal space.  

qq.  Mr. Wolanski suggested the Board continue this item to the next meeting to schedule a future date.

rr.    Motion by Mr. Vaillancourt, seconded by Mr. Fenton to continue this item to the February 12, 2025 regular meeting. Vote: 6-0-0.

Motion by Mr. Fenton, seconded by Mr. Weber to adjourn. Vote: 6-0-0

Meeting adjourned at approximately 9:15pm.

Respectfully submitted,

Mike Fenton, Secretary