Middletown Zoning Board grants 6-month extension for Orange Terrace variance

The Zoning Board of Appeals for the City of Middletown voted unanimously at its March meeting to grant Orange Terrace Properties a six-month extension of variances previously issued for a subdivision project.

The extension was requested by Ernie Johnson, representing Fusco Engineering, who told the board the extra time would allow the applicant to work with the client and attempt to “tweak” the plans or find an alternative that the Common Council would accept. “Were basically here for tonight is just a 6 month extension of the the variance that you gave us before ... wed like to keep the variance for the 6 months just in case thats the only way that we can do it,” Johnson said.

The board opened by noting a reduced attendance: three members were present, and City counsel Rich Krogan confirmed that, because only three of five members were seated, any decision would require unanimity. The chair (unnamed in the transcript) called for the applicant to introduce himself and asked whether he was comfortable proceeding despite the attendance. Johnson confirmed he was.

Board member Tracy moved to close the public hearing; a second was recorded and the board voted to close the hearing. The chair then moved to grant a six-month extension to Orange Terrace Properties; the motion was seconded and the board voted in favor. The board recorded three yes votes and no votes were recorded against the motion.

Johnson described the status before the Common Council, saying the council had not accepted a proposed modification described in the hearing. “They didnt like shortening them to the 7269,” Johnson said. He also described one possible plan change if the council does not accept the current approach: reducing the subdivision from four lots to three so all lots would conform without needing the variance. He added that the deviations involved a small reduction of each lots width, which he estimated as about 2.3 feet per lot.

Sixto, representing the building department, was present during the discussion. The board did not receive public comment on the item. After the vote, the chair confirmed the extension was granted and adjourned the meeting.

The extension preserves the variances previously issued by the Zoning Board while the project remains under consideration by the Common Council; any final approval of the subdivision would come from the Common Council, not the Zoning Board.