Zoning Board of Appeals

Chair 2nd Vice-Chair Nicholas Ficaro Members Vice-Chair Linda Guarino Nicholas Fazzino (’21) Secretary Andrew Santaniello, Thom Pattavina (’23)Sr Vacant Vacant Middletown Members Alternates Richard Pelletier (’23) Vacant Catherine Johnson (’23) Marcus Fazzino (’21) Vacant Vacant (’21) Ex- Officio Mayor Ben Florsheim Zoning Board of Appeals Alternates Staff Kellin Atherton Thomas Hazel, (’23) CZEO Shanay Fulton (’23) James O’Connell (’21) Zoning Enforcement Officer Ex- Officio Mayor Ben Florsheim ZBA SPECIAL MEETING MINUTES Wednesday April 24, 2024 Council Chambers 5:30 P.M. The meeting was held in-person. 1. Call to Order The meeting was called to order at 5:30pm. 2. Pledge of Allegiance 3. Roll Call Present: Nicholas Ficaro Linda Guarino Calli Grippo Andrew Santaniello Staff: Tom Hazel, Zoning/Blight Enforcement Officer 4. Public Comment None. 5. Approval of Minutes 5.1. Meeting of March 7, 2024 Motion to approve the minutes of the January 4, 2024 as presented Moved by Reil, Seconded by Santaniello Voting in favor: Santaniello, Ficaro, Grippo and Reil, Passed 4-0-0 6. Old Business None. 7. New Business None. 8. Public Hearing 8.1 Request for a variance of section 2.4.3 to allow for a proposed 30 ft. x 36 ft. agricultural building within the minimum side yard setback in the R-45 zone located at 136 Round Hill Road. Applicant/Agent: Robert Van Rhijn.V2024-2 Robert Van Rhijn present to represent the application for 136 Round Hill Road. The Page 1 of 3  applicant went over the need for an animal barn to replace an existing dilapidated barn. The information provided discussed contours of the property, storm water flow and location of the septic system. The need for the structure is to house animals close to the home due to increased predation and the aging of the animals. Also during bad weather it takes less effort to access the animals. The new shed would be larger in size and would encroach in to the 20 foot side yard by 10 feet. During the public comment the neighbor to the east, Donna Drouin, spoke against the application. She was concerned about how close the structure would be to her property line and the possible need to clear more trees. Before she had actually saw where the structure would be in person she had given a positive comment but now she wished to rescind that and stated she was against the proposal. She feels there is plenty of alternate locations on the property. Paul Szewczyk stated he managed the property for the owner and has been in that role for decades. He felt that the impact of placing such a large structure in that location would have negative impacts on the property he manages and there are plenty of options to locate the barn in an area that would not encroach into the setbacks. The Public hearing was closed and the commission deliberated. Much of the discussion pertained to what was the hardship and had alternatives actually been exhausted. While the impact seem minimal considering the distances from neighboring homes there appeared to be alternative spots to explore more deeply. A motion to approve the application was made. Motion to close the public hearing Moved by Santaniello, Seconded by Grippo Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 Motion to approve application V2024-2 Moved by Guarino, Seconded by Santaniello Voting in Favor: Grippo. Voting against: Ficaro, Santaniello and Guarino Denied 1-3-0 8.2 Request for a variance of section 2.11 to allow for the proposed required stairwell exit within the minimum side yard setback and request for a variance of section 4.2 to increase the proposed fence height from 2.5 feet to 4 feet per State law surrounding the child daycare playground in the MXC zone located at 85 Union Street. Applicant/Agent: Richard D. Carella, Esq./Updike, Kelly, & Spellacy. Richard D. Carella and Tom Arcari represented the application for the YMCA. First proposal is for a 4 foot fence instead of the allowed 2.5 foot fence. This is requested per state requirements for daycares. The side yard encroachments are due to the need for proper egress and proper alignment with interior corridors. The architect for the project stated that for the needed elevators, stairs and egress points the proposed expansion is as small as they could practically make it and these side yard encroachments were the smallest they could make them. The encroachments would be 1.32’ and 4.63’. There were no public comments in regards to the application. The public hearing was closed and the commission deliberated for a brief time. Motion to close the public hearing Moved by Guarino, Seconded by Santaniello Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 Page 2 of 3  Motion to approve the application V2024-3 Moved by Santaniello. Seconded by Grippo Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 9. Adjournment Motion to adjourn Moved by Guarino, Seconded by Grippo Voting in favor: Santaniello, Ficaro, Grippo, and Guarino Passed 4-0-0 The meeting adjourned at 6:08 PM. Submitted, Thomas Hazel, Zoning/Blight Enforcement Officer Department of Land Use Page 3 of 3