Zoning Board of Appeals

Chair 2nd Vice-Chair Nicholas Ficaro Members Vice-Chair Linda ReilFazzino (’21) Nicholas Kevin Brignole Secretary Vacant Thom Pattavina (’23) Alternates Andrew Santaniello, Sr. Vacant Middletown Members Ex- Officio Richard Pelletier Mayor BenJohnson Catherine (’23) Florsheim (’23) Marcus Fazzino (’21) Vacant (’21) Staff Thomas Hazel, CZEO (’23) Zoning Enforcement Officer Zoning Board of Appeals Alternates Kellin Atherton Shanay Fulton (’23) James O’Connell (’21) Ex- Officio Mayor Ben Florsheim ZBA MEETING MINUTES THURSDAY JANUARY 4, 2024 Council Chambers 5:30 P.M. The meeting was held in-person. 1. Call to Order The meeting was called to order at 5:31pm. 2. Pledge of Allegiance 3. Roll Call Present: Nicholas Ficaro Linda Reil Kevin Brignole Andrew Santaniello Staff: Tom Hazel, Zoning/Blight Enforcement Officer 3.1 A motion was made to cancel the February 2024 meeting due to lack of business and member numbers possibly being less than a quorum. Commissioner Reil made a motion to cancel, Brignole seconded, the motion passed 4-0-0. A motion was made to hold off on elections until March due to the low number of members and new members to be appointed. Commissioner Brignole made a motion to delay, Reil seconded. The motion passed 4-0-0. 4. Public Comment None. 5. Approval of Minutes 5.1. Special Meeting of December 7, 2023 Motion to approve the minutes of the December 7, 2023 as presented Moved by Brignole, Seconded by Reil Voting in favor: Santaniello, Ficaro, Brignole and Reil, Passed 4-0-0 6. Old Business None. Page 1 of 4 7. New Business None. 8. Public Hearing 8.1. Appeal of a decision by the Zoning Enforcement Officer’s issuance of a Cease and Desist Order for an unlawful use of land and structure by leasing/renting residential units in the front building located at 465 Middlefield Street in the I-2 zone which prohibits residential occupancy. Applicant/Agent: Savage Mill Associates/Richard Sweet. V2023-12 The Zoning Enforcement Officer (ZEO) made his statement of the facts that the history of the property was the parcel has been zoned I2 and the assessor cards have never recorded any residential units on that site. The ZEO walk the commission through the inspection performed in September and the items that were observed and the conversation with a tenant in the building. That conversation was the statement that was cause for the cease and desist. That tenant stated that he lived in that unit and had been living there for many years. Attorney Willis who was there to represent Savage Mills Llc/ Richard Sweet spoke about the tenant spaces at 465 Middlefield Street. Mr. Willis Stated that the tenants were using the spaces in a commercial manner and that the leases provided showed what the intended uses were. Mr. Sweet spoke about the property and the continued issues between 465 Middlefield St and the property next door. His tenant issues and his attempts to clean up the properties and maintain good tenants. Mr. Willis provided a tenant to testify about their use of the space. The tenant stated that she and her husband run a contractor company and an art studio in the third floor rear unit. She stated that they are there at varied hours of the day throughout the year depending on need. The tenant stated that there was a full bathroom with a shower and a full kitchen with a stove. She was asked by the commission if she had been in any other units in the building or met any other tenants. She said she had not entered any units but had met most tenants. The commisoners asked if Herb the tenant on the third floor front was available to testify about his photo studio. Mr. Willis and Mr. Sweet were unaware of Herbs location at this time. The public was invited to speak last. Ed McKeon, former council member, spoke about the history of complaints on the property and that one time when walking by and looking at the property an individual asked what he was doing. This person told Mr. McKeon that he lived in the building. On another occasion while following a city inspection team on the site Mr. McKeon spoke to a tenant that ran a repair shop in the rear building stated that people did live in the front building. Common Council President Eugene Nocera spoke to corroborate Mr. McKeon’s statements and reiterate that the City has received numerous complaints about this property. Diane Przekopski spoke next and stated that she has seen many tenants over the years. Many times carrying laundry and groceries. She can see the flickering lights of TV’s at all hours of the night, even on Christmas Eve this year. She has spoken to several of the tenants and has been told that they reside in the building. Kathy Dwyer spoke. She was here to support the cease and desist and has seen people coming and going 24/7. She talked about the negative impacts that this property has had on local residences. She also stated that several codes of the DEEP and city have been violated. Eric Przekopski Spoke. He says he has spoken too many of the tenants and is concerned about possible fires from the appliances in these units and the fact that the property is full of cars and materials that would cause a major hazard. Finally Mr. Willis made a final statement that his client is being targeted by the city and the residents because he operates and industrial zoned property in a residential area and that the Page 2 of 4  cease and desist should be vacated. The commission asked some questions of the property owner and his attorney. They deliberated and took a vote on whether they could vote on this issue with 4 members and determined that under 8-7 of the Connecticut General Statute that they could continue. A roll call vote was taken with all members voting to up hold the cease and desist. Motion to close the public hearing Moved by Brignole, Seconded by Reil Voting in favor: Santaniello, Ficaro, Brignole, and Reil Passed: 4-0-0 Motion to approve the appeal V2023-12 Moved by Brignole, Seconded by Reil Voting against: Santaniello, Reil Ficaro and Brignole. Denied: 4-0-0 8.2 Appeal of a decision by the Zoning Enforcement Officer’s denial of a Residential Unit Business Pursuit Application to operate a landscaping business which includes parking one commercial dump truck and two trailers on site in the R-45 zone. Applicant/Agent: Zachary Tiezzi/Summit Landscaping, LLC. A2023-1 The city zoning officer read in the land use directors memorandum pointing out how the proposed residential business pursuit application that was denied does not meet the Standards set forth in the zoning code and the reasons for the denial. The applicant, Mr. Tiezzi, described his business and gave details of how the space on his property would be used and what equipment he owned. He stated he would have one dump truck and two trailers on site, That the business would only occupy 400 or so square feet of space on the property. The commission asked several questions and read through the regulation section pertaining To home based businesses. A discussion was had. Motion to close the public hearing Moved by Brignole, Seconded byReil Voting in favor: Santaniello, Ficaro, Brignole, and Reil Passed: 4-0-0 Motion to approve the apeal V2023-14 Moved by Brignole, Seconded by Reil Voting in Against: Santaniello, Reil Ficaro and Brignole. Denied: 4-0-0 9. Adjournment Motion to adjourn Moved by Brignole, Seconded by Reil Voting in favor: Santaniello, Ficaro, Brignole, and Reil Passed 4-0-0 Page 3 of 4 The meeting adjourned at 6:52 PM. Submitted, Thomas Hazel, Zoning/Blight Enforcement Officer Department of Land Use Page 4 of 4