Zoning Board of Appeals

REGULAR MEETING OF THE ZONING BOARD OF APPEALS MIDDLETOWN CONNECTICUT AUGUST 1, 2019 1. CALL TO ORDER Jonathan Pulino opened the meeting with the Pledge of Allegiance. 2. ROLL CALL Present: Jonathan Pulino Judy Pehota Nick Ficaro Kevin Brignole Absent: Linda Reil Gary Middleton Dina Ford Brandon Chafee 3. APPROVAL OF MINUTES – June 6, 2019 Regular Meeting Minutes Judy Pehota moves for approval of the minutes of June 6, 2019 Regular Meeting Minutes. Kevin Brignole seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 4 affirmative votes. 4. OLD BUSINESS None 5. NEW BUSINESS 1. Request for a G.S. 14-54 Review for a change of dealership for auto sales located at 409 Middlefield Street. Applicant/agent Royalty Transportation Service G.S. 14-54 2019-1 Micah Bruce (applicant) of 455 Middlefield Street represented the application. Kevin Brignole moves for an affirmative G.S. 14-54 Review for a change of dealership for auto sales located at 409 Middlefield Street. Jonathan Pulino seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 4 affirmative votes. 6. PUBLIC HEARING 1. Proposed variance with regard to Section 23 to change a previously approved variance for a 20' x 24' garage within a 3 foot setback to a 20' x 26' 1  2-car garage within 1.5 feet from side property line in a non-conforming lot in the MX zone at 417 High Street. Applicant/agent Donald Oliver ZBA2019-7 Donald Oliver (applicant) introduced the application for a request for variance. He explained what was approved in a previous variance received in April and why he wants to change it to a larger garage. This new variance would fix the problems with previous design (non-functional access of right car). He wants to change the 3 foot setback on the southern property line to 1 ½ feet so that cars exiting garage is not blocked by the house. It would also allow them to hang bicycles on the wall and even put a door in on the side. No one from the public wished to speak. Kevin Brignole moves to close the public hearing. Nick Ficaro seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 4 affirmative votes. Judy Pehota moves for approval for a variance with regard to Section 23 to change a previously approved variance for a 20' x 24' garage within a 3 foot setback to a 20' x 26' 2-car garage within 1.5 feet from side property line in a non-conforming lot in the MX zone at 417 High Street. Jonathan Pulino seconds the motion. The chair calls for the vote. It is 3 aye votes by Jonathan Pulino, Judy Pehota and Kevin Brignole and 1 nay vote by Nick Ficaro. The Chair states the matter is not approved as 4 affirmative votes were needed. 2. Approve settlement agreement between CRELE CONSTRUCTION CORPORATION v. MIDDLETOWN ZONING BOARD OF APPEALS. Docket Number MMX-CV17-6018446 Brig Smith, General Counsel for the City of Middletown explained he has the proposed settlement agreement and the Board can handle this in two ways. They can have an open session or in an executive session. The executive session would be for the purpose of discussing strategy and negotiations with respect to pending claims or pending litigation under FOIA. Kevin Brignole moves to go into executive session. Jonathan Pulino seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 4 affirmative votes. Attorney Smith suggested that they open the public hearing before the executive session so they can discuss public comments also in the closed session. From the public: Stephen Devoto, 476 Country Club Road said that he was opposed to going into Executive Session. This has been going on for about 20 years. It’s been a contentious issue with a lot of residential neighbors. The City’s memorandum to dismiss the case for one of the accounts in the plaintiff’s complaint referenced the fact that the Planning and Zoning Commission is the proper jurisdiction for the decisions on this. He advised the Board to go very slowly on accepting this agreement and urged them to not vote in the open session since they are just now viewing this agreement. Kevin Brignole moves to close the public hearing. Nick Ficaro seconds the motion. The chair calls for the vote. It is unanimous to close the public hearing with 4 aye votes. The chair states the matter passes unanimously with 4 affirmative votes. 2 The Board had a discussion about what they were going into Executive Session for. Attorney Smith explained to the Board that this a lawsuit between Crele Construction and the Board regarding property on Saybrook Road. The Crele Construction involves an unusual parcel in that it is zoned part residential and part industrial. The allegation in Crele’s lawsuit is that the ZEO’s Cease & Desist Order improperly cited them for industrial activities occurring on the residential portion and related alleged violations. The City issued the Order in April 2017. It was then brought to the Zoning Board of Appeals where the Board voted to sustain the order. Crele Construction appealed the decision of the Zoning Board of Appeals in 2017. They now have a tentative settlement and that is what the Board is going into Executive Session to discuss. They went into Executive Session at 6:15PM. Meeting resumed at 6:47 PM Jonathan Pulino moves to exit the Executive Session. Kevin Brignole seconds the motion. The chair calls for the vote. It is unanimous to exit executive session with 4 aye votes. The chair states the matter passes unanimously with 4 affirmative votes. Jonathan Pulino explained that they will now hear from the Attorney and what they talked about. Attorney Smith handed out the documents discussed in the Executive Session to the public and explained what the documents were all about. He pointed out on the maps that he handed out where the trees that will be used as buffers would be planting. This will prevent using those using industrial materials in the residential zone. Kevin Brignole moves to reopen the public hearing. Judy Pehota seconds the motion. Motion was approved unanimously. Attorney Matthew Willis representing Crele Construction stated that he is seeking support to approve this settlement. It has been a long and arduous ordeal and his client would like to stay in business and continue to be a good citizen of the City of Middletown. Robert Treloar of 762 Saybrook Road asked if the dilapidated truck would be removed from the site. Jonathan Pulino said yes, it would be moved. Judy Pehota moves to close the public hearing. Kevin Brignole seconds the motion. Motion was approved unanimously. The Board had a discussion and all agreed that this was a good settlement because it works for both neighbors, conforms a zoning line so that it better reflects what the residential and industrial split should be, and allows the industrial activities to continue in a consolidated portion, while keeping the residential portion closest to the neighbors across the street. Kevin Brignole moves for approval of the settlement agreement between CRELE CONSTRUCTION CORPORATION v. MIDDLETOWN ZONING BOARD OF APPEALS. Docket Number MMX-CV17-6018446. Jonathan Pulino seconds the motion. The chair calls for the vote. It is unanimous to approve with 4 aye votes. The chair states the matter passes unanimously with 4 affirmative votes. 3 7. ADJOURNMENT Judy Pehota reads and moves for adjournment. Jonathan Pulino seconds the motion. The chair calls for the vote. It is unanimous to adjourn with 4 aye votes at 6:57 PM. Respectfully Submitted, Ron Baia Wetlands and Zoning Enforcement Officer 4