Zoning Board of Appeals

Chair Steven Kovach Vice-Chair Jonathan Pulino 2nd Vice-Chair Vice-Chair Nicholas Fazzino Nicholas Ficaro (’21) Members Secretary Linda Reil Thom Pattavina (’23) Kevin Brignole Middletown Members Alternates Vacant Richard Pelletier (’23) David Booth Catherine Johnson (’23) Marcus Fazzino (’21) Vacant (’21) Vacant Ex- Officio MayorAtherton Ben Florsheim Zoning Board of Appeals Alternates Staff Kellin Marek (’23) Kozikowski, Shanay Fulton James O’Connell (’21) (’23) AICP, Director of Land Use Ex- Officio Mayor Ben Florsheim REGULAR MEETING MINUTES THURSDAY, September 1, 2022 Council Chambers & Virtual on WebEx 5:30 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. 1. Call to Order The meeting was called to order at 5:30pm. 2. Pledge of Allegiance 3. Roll Call Present: Jonathan Pulino Nicholas Ficaro Kevin Brignole David Booth (seated for Linda Reil) Absent: Linda Reil, Steven Kovach Staff: Tom Hazel, Zoning Enforcement Officer 4. Public Comment None. 5. Approval of Minutes 5.1. Regular Meeting of August 4, 2022 Motion to approve the minutes of the August 4, 2022 meeting Moved by Brignole, Seconded by Booth Voting in favor: Pulino, Ficaro, Booth and Brignole, Passed 4-0-0 6. Old Business None. 7. New Business None. 8. Public Hearing 7.1. Request for a Variance of section 44.08.28 for the proposed construction of a new two Page 1 of 2  family dwelling located on Woodward Avenue Map-Lot 22-0353 in the Residential Pre Zoning (RPZ) Zone. Applicant/Agent Mathew Pegolo – Pegarch Architecture. The applicant explained that the proposal is for a two family home in the RPZ Zone and under section 44.08.28 the lot meets all the requirements for a two family home except the lot area square footage of 7,500 square feet. The existing lot is only 6,582 square feet. They were aware that to service any construction of a residence in this location they will have to bear the cost of running a water main from Grand Street to the lot as the existing 2 family next door is already under served by code. The proposed 2 family will be a 1900 square foot home with additional off street parking. The access to this parking will be achieved with a cross easement with 88 Woodward which the owner owns as well. The applicant presented aspects of the Middletown Affordable Housing Plan for support of a multifamily in this area of town. Other charts showing the existing multi families on undersized lots was presented as well. Motion to close public hearing Moved by Brignole, Seconded by Booth. Voting in favor: Pulino Brignole, Ficaro and Booth Passed 4-0-0 In deliberation commissioner Brignole asked the applicant that if the multi family was denied what was the alternative. The applicant stated that they would move forward with a single family home of the same size and design. In deliberation it was stated by all commissioners that while they were in favor of a two family home in the City they stated that the Zoning Board of Appeals was not the forum for changes to zoning regulations and under section 44.08.28 this application was clearly not allowed and there was not a sufficient hardship to accommodate the application. Motion to the variance Moved by Brignole, Seconded by Booth Voting in favor: None Voting against:, Pulino, Ficaro, Booth and Brignole Denied: 0-4-0 8. Adjournment Motion to adjourn Moved by Brignole, Seconded by Booth Voting in favor:, Pulino, Ficaro, Booth, and Brignole. Passed 4-0-0 The meeting adjourned at 6:01 pm. Submitted, Thomas Hazel, Zoning Enforcement Officer Department of Land Use Page 2 of 2