New Britain Zoning Subcommittee and Committee on Planning, Zoning and Housing Meeting - September 10, 2024

The Zoning Subcommittee and the Committee on Planning, Zoning and Housing held a joint public hearing and regular meeting on Tuesday, September 10, 2024, beginning at 6:33 PM in Council Chambers at City Hall. The Zoning Subcommittee heard public testimony on 15 proposed zoning text and map amendments, then received a comprehensive presentation from Planning Director Jack Benjamin and City Planner Jeff Cormier. Following the presentation, the subcommittee voted on each item, tabling most after contentious debate. The subsequent Committee on Planning, Zoning and Housing considered two additional items, approving an accessory dwelling unit ordinance amendment and a ground lease for affordable housing.

Public Comments & Testimony

• Mary Flinteracio (127 Wynola Avenue) spoke against item 36557 (South Street rezone), describing how the area has become a noisy, odorous industrial park. She expressed frustration over the loss of a quiet neighborhood and cited specific nuisances from a mulch operation, a truck driving school, and metalizing company deliveries. She stated she had a petition signed by neighbors.
• Deborah Fear (138 Allen Street) spoke on item 36540 (Atlantic/Allen Street rezone). She welcomed demolition of a blighted property but expressed concerns about what “neighborhood business revitalization” and “neighborhood mixed use” would mean, citing existing noise, litter, and dangerous traffic patterns near school bus stops. She urged that any revitalization truly improve the neighborhood.
• Ben Lusak (27 Atlantic Street) echoed Deborah Fear’s concerns about speeding and safety for children, and worried about property value impacts. He stated that residents need specifics on what will be built and criticized the city for not providing enough information.
• Cindy Ryder (138 Allen Street) asked what the next steps would be after the hearing and requested that residents be notified of decisions.
• Mr. Soto (180 Wilcox Street), a two-and-a-half-year resident, worried about property devaluation, parking shortages, and safety. He said he wanted whatever is built to benefit everyone and keep the neighborhood peaceful.
• Jim Sanders (172 Kensington Avenue, calling in) spoke generally about zoning changes related to storage and litigation. He accused the mayor of weaponizing city hall and alleged that Alderman Smedley was a “puppet” for the mayor. He suggested the subcommittee should either kill the storage regulations or send them to the full council with a negative recommendation for debate.

Zoning Presentation

Jack Benjamin (Planning Director) and Jeff Cormier (City Planner) delivered a slide presentation covering the rationale behind each zoning amendment. Key points included:

• Cleanup and compliance: Many changes aim to remove outdated terms (e.g., “caretakers dwelling unit” replaced by accessory dwelling unit regulations) and bring existing non‑conforming properties into compliance by adjusting dimensional standards.
• Historic protections: Expanding historic building protections beyond professional offices to all uses in the RO district.
• Porch projection: Allowing roofed porches to project up to eight feet into front yards, eliminating the need for variances for roof covers.
• Parking and density: Reducing parking requirements in multifamily districts (e.g., from 2 to 1.5 spaces per unit in A2) and adjusting floor area ratios to reflect actual development patterns.
• Self‑storage definitions: For the first time, adding definitions for self‑storage, truck storage, and contractor storage yards to regulate these uses, which had previously required variances due to lack of code.
• Zoning permits: Creating a three‑tiered system (zoning permit, certificate of zoning compliance, general zoning analysis letter) to improve enforcement.
• Boundary changes: Several map amendments to rezone parcels to districts that better match actual uses (e.g., changing I2 heavy industrial to B1R or T where residential and small businesses exist). Presenters stressed that these changes are not forcing property owners to comply, but rather aligning zoning with built conditions.

Discussion and Votes on Zoning Subcommittee Items

Each item was voted on after the City Plan Commission recommendation was read. The subcommittee’s motions were generally to refer to the full council with a neutral recommendation, except when motions to table prevailed.

• Item 36533 (Remove caretakers dwelling unit in RO): Motion to refer with neutral recommendation carried unanimously.
• Item 36534 (Named building signs in CBD): Neutral recommendation carried.
• Item 36535 (Dimensional/parking standards in multifamily districts): Neutral recommendation carried after Alderman McNamara questioned the reduction to 1.5 parking spaces per unit, with Mr. Benjamin clarifying it is a minimum, not maximum, and applies only to new development.
• Item 36536 (Historic building protections): Neutral recommendation carried.
• Item 36537 (Roofed porch projection): Neutral recommendation carried.
• Item 36538 (Industrial use definitions including self‑storage): Tabled 7‑5 after Alderman McNamara cited ongoing litigation and concerns about state law definitions.
• Item 36539 (Zoning permit process): Neutral recommendation carried.
• Item 36540 (Atlantic/Allen Street rezone): Tabled 7‑5 after residents’ concerns about insufficient information and property values.
• Item 36551 (Short‑term rental regulations): Tabled on a party‑line vote (7‑5) after Alderman McNamara said more time was needed; Alderman Smedley questioned why, noting the proposal had been public for over a month.
• Item 36552 (Signage regulations): Tabled 7‑5.
• Item 36553 (Site plan regulations): Tabled on party lines.
• Item 36554 (Burritt Street rezone): Tabled 7‑5.
• Item 36555 (John‑Park‑Stanley rezone): Tabled on party lines.
• Item 36556 (Mead Street rezone): Tabled on party lines.
• Item 36557 (South Street rezone): Tabled on party lines after initial confusion over the motion.

Committee on Planning, Zoning and Housing

Following adjournment of the Zoning Subcommittee, the Committee on Planning, Zoning and Housing convened at 8:46 PM.

• Item 36574 (Accessory dwelling unit ordinance amendment): No public testimony. Alderman Malinowski successfully moved to delete Section 24‑5 from the resolution. The motion to refer the amended resolution to the full council with a neutral recommendation carried.
• Item 36575 (Ground lease and land disposition agreement with New Britain Housing Authority and JHM Group for Mount Pleasant): Mr. Benjamin read the City Plan Commission’s favorable recommendation. The committee voted to refer to the full council with a neutral recommendation.

Key Outcomes

• Approved for referral to full council (neutral recommendation): Items 36533, 36534, 36535, 36536, 36537, 36539 (Zoning Subcommittee); and Items 36574 (as amended) and 36575 (Committee on Planning, Zoning and Housing).
• Tabled (majority vote, typically 7‑5): Items 36538, 36540, 36551, 36552, 36553, 36554, 36555, 36556, 36557. These items will be reconsidered at a future meeting.
• Next steps: Tabled items will come back for further discussion; the approved items will be forwarded to the full Common Council with a neutral recommendation for final action.