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, October 6, 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 5:33pm. 2. Pledge of Allegiance 3. Roll Call Present: Steven Kovach Jonathan Pulino Nicholas Ficaro Kevin Brignole David Booth (seated for Linda Reil) Absent: Linda Reil 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 September 1, 2022 meeting Moved by Pulino, Seconded by Brignole Voting in favor: Kovach, Pulino, Ficaro, Booth and Brignole, Passed 5-0-0 6. Old Business None. 7. New Business None. 8. Public Hearing Page 1 of 2  8.1 Request for a Variance of section 23C.03 (revised section 2.12 of newly adopted regulations) for the proposed building expansion located at 238 East Main Street Map-Lot 34-0201 in the Mixed use industrial (MXI) Zone. Applicant/Owner Andrew Nicholas – Fishin’ Factory. The applicant explained the need for expansion at his retail location due to increased business. The location at 238 East Main Street is a residential commercial mix. The parking for the business and the residential is in the rear due to the buildings proximity to the road. Due to this the only area available for expansion is towards the front. Due to the odd shape of the lot the forward expansion will need to encroach into the front and side yard on the corners of the expansion. The encroachment has been kept to a minimum. Motion to close public hearing Moved by Pulino, Seconded by Brignole. Voting in favor: Kovach, Pulino Brignole, Ficaro and Booth Passed 5-0-0 In deliberation the commissioners recognized the need for expansion and that the forward expansion is the only direction. The odd shape of the lot creates a hardship in the expansion. It was recognized that the encroachment is being minimized. Motion to the variance Moved by Brignole, Seconded by Booth Voting in favor: Kovach, Pulino, Ficaro, Booth and Brignole Voting against: None Passed: 5-0-0 8. Adjournment Motion to adjourn Moved by Brignole, Seconded by pulino Voting in favor: Kovach, Pulino, Ficaro, Booth, and Brignole. Passed 5-0-0 The meeting adjourned at 5:44 pm. Submitted, Thomas Hazel, Zoning Enforcement Officer Department of Land Use Page 2 of 2