Zoning Board of Appeals

Chair Nicholas Ficaro Vice Chair Andrew Santaniello, Sr nd Vice-Chair 2Vice-Chair Linda Guarino Middletown Members Secretary Nicholas Callie ThomGrippo Fazzino (’21) Pattavina (’23) Vacant Vacant Zoning Board of Appeals Members Alternates Richard Pelletier (’23) Vacant Catherine Johnson (’23) Marcus Fazzino (’21) Vacant Vacant (’21) Ex- Officio Alternates Mayor Ben Florsheim Kellin Atherton (’23) James O’Connell (’21) Staff Thomas Hazel, CZEO Shanay Fulton (’23) Zoning Enforcement Officer ZBA REGULAR MEETING MINUTES THURSDAY MAY 2, 2024 Council Chambers 5:30 P.M. The meeting was held in-person. 1. Call to Order The meeting was called to order at 5:33pm. 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 April 24, 2024 as presented Moved by Santaniello Seconded by Guarino Voting in favor: Santaniello, Ficaro, Grippo and Guarino Passed 4-0-0 6. Old Business None. 7. New Business None. 8. Public Hearing 8.1 Appeal of a decision by the Zoning Enforcement Officer’s issuance of an Order for Compliance to remove fixtures and appliances from the front building units to not be considered residential located at 465 Middlefield Street in the I-2 zone. Applicant/Agent: Richard Sweet/Savage Mill Associates. A2024-1 Attorney Matthew Willis of Halloran Sage representing Mr. Richard Sweet, Savage Mill Page 1 of 3 Associates spoke to the appeal. Mr. Willis broke the appeal down to the basics. Does a Zoning Enforcement officer under the Zoning Code or Section 8-2 of the Connecticut General Statutes have the authority to order the physical items of a stove and shower to be removed. In a commercial/industrial setting these items may be allowed under a proposed use. He stated while there is no case law present on this issue there is also nowhere in the statutes or the code that grants this power. Mr. Hazel (CZEO) stated the definitions of a dwelling unit/residential unit under the Middletown Zoning Code, Legal Insider, Merriam Webster’s Dictionary and Connecticut General Statute 47a-1. These definitions were to establish the minimum requirements to be considered a residential dwelling unit and thus without another approved use they were not needed. Mr. Hazel stated that in many violations material objects need to be removed in order to comply with the zoning code. If you had an illegal commercial excavation business in t residential zone you would be ordered to remove all the heavy equipment, if you had an illegal restaurant in a zone not suited for that use you would be ordered to remove the commercial kitchen. In this case the use on the lease was studios but ended in a residential use. This has been an issue in this location for 10 years. The order to remove two fixtures to ensure compliance is the goal of the officer. The hearing was opened to public comment. Kathy Dwyer, 515 Middlefield Street, Diane Przekopski 404 Middlefield Street and Eric Przekopski 404 Middlefield Street spoke against the appeal. Many topics brought up were not relevant to the appeal the general statement was the issue of residential use in this industrial building has gone on too long. The public hearing was closed and deliberations began. Questions arose in deliberation and a vote was taken to reopen the public hearing. The public hearing being reopened some clarifications were sought from the applicant and the ZEO. The public was again offered a chance to speak at which time Peter Smith, 212 Sisk Street spoke and asked if the other uses in the building were permitted. The ZEO responded that the first floor tenant who does car repairs was an approved use but residential occupation of the building is not permitted under the code. The public hearing was closed and a second round of deliberations started. A roll call vote was taken. Motion to close the first public hearing Moved by Santaniello, Seconded by Grippo Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 Motion to reopen the public hearing Moved by Grippo and seconded by Guarino Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 Motion to close the second 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 Santaniello, seconded by Guarino Voting in Favor: Grippo, Ficaro, and Santaniello Voting against: Guarino Denied 3-1-0 Page 2 of 3 9. Adjournment Motion to adjourn Moved by Santaniello, Seconded by Grippo Voting in favor: Santaniello, Ficaro, Grippo, and Guarino Passed 4-0-0 The meeting adjourned at 6:20 PM. Submitted, Thomas Hazel, Zoning/Blight Enforcement Officer Department of Land Use Page 3 of 3