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, February 2, 2023 Council Chambers 5:30 P.M. The meeting was held in-person. 1. Call to Order The meeting was called to order at 5:35pm. 2. Pledge of Allegiance 3. Roll Call Present: Jonathan Pulino Nicholas Ficaro Linda Reil Steven Kovach Absent: Kevin Brignole Staff: Tom Hazel, Zoning Enforcement Officer 4. Public Comment None. 5. Approval of Minutes 5.1. Regular Meeting of January 5, 2023 Motion to approve the minutes of the January 5, 2023 meeting as ammended Moved by Pulino, Seconded by Ficaro Voting in favor: Pulino, Ficaro, Kovach and Reil, Passed 4-0-0 6. Old Business None. Page 1 of 3 7. New Business 7.1 Approving that an Executive Session of the Zoning Board of Appeals be held pursuant to the Freedom of Information Act, Section 1-200(6)(B), for the purpose of discussing attorney-client communications involving strategy and negotiations regarding the pending litigation known as Richard Sweet d/b/a Savage Mill Associates v. City of Middletown Zoning Board of Appeals, Docket No.: MMX- CV22-60351411-S, and that the following individuals are invited to attend: (1) the members and alternate members of the Zoning Board of Appeals; (2) Thomas Hazel, Zoning/Blight Enforcement Officer; and (3) Christopher Forte, Assistant General Counsel. Motion to enter into Executive Session at 5:33PM Moved by Pulino, Seconded by Reil Voting in favor: Pulino, Ficaro, Kovach and Reil Passed: 4-0-0 Motion to close Executive Session at 5:47PM Moved by Pulino, Seconded by Ficaro Voting in favor: Pulino, Ficaro, Kovach and Reil Passed: 4-0-0 7.2 Approval of proposed C.G.S. § 8-8(n) Motion for Approval of Settlement and Entry of Judgment in accordance with Stipulation to resolve litigation known as Richard Sweet d/b/a Savage Mill Associates v. City of Middletown Zoning Board of Appeals, Docket No.: MMX-CV22-60351411-S, for the reasons set forth in the stipulation. Christopher Forte, Assistant General Counsel for the City of Middletown, reviewed the proposed Joint Stipulated Agreement with the Board. Attorney Forte went through and explained the eight (8) sections of the agreement. He also spoke about staffs on site meetings and the improvements to the subject property since July 7, 2022. It was also explained that the property owner is in process of pursuing evictions through the courts for tenant’s who are storing cars on the property which was a reason the Zoning Board of Appeals (ZBA) previously denied the property owners application for a C.G.S. § 14-54 repairers license. Attorney Forte stated with these good faith efforts he and opposing counsel drafted the agreement to be presented to the court if the ZBA votes to approve it. Attorney Matthew Willis, attorney for the property owner, approached for any further questions the board may have. There were none. ZBA member Pulino made a motion in the affirmative item 7.2, ZBA member Ficaro seconded the motion. Discussion: Pulino stated that he was impressed with the reports that the applicant is going above and beyond to make the site as best as it can be and he will be voting in the affirmative. Reil stated that she will be voting in the affirmative after hearing the good faith efforts made by the applicant and it appears they will continue and the applicant should be allowed to pursue his business. Ficaro stated that he also supports the application. He feels the stipulations in the agreement both help the city and the applicant. Kovach was in agreement with previous statements, he has seen improvements at the site in question and he thinks the agreement addresses the concerns that were brought before the board from the public. He sees a neighborhood benefit with this agreement. Page 2 of 3  Motion to approve the settlement. Moved by Pulino, Seconded by Ficaro Voting in favor: Pulino, Ficaro, Kovach and Reil Passed: 4-0-0 8. Public Hearing None 8. Adjournment Motion to adjourn Moved by Brignole, Seconded by Ficaro Voting in favor: Pulino, Ficaro, Booth, and Brignole. Passed 4-0-0 The meeting adjourned at 6:00PM. Submitted, Thomas Hazel, Zoning Enforcement Officer Department of Land Use Page 3 of 3