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Middletown zoning board hears preliminary request to extend El Punto nightclub hours at 97 North Street
Summary
Attorney Timothy Kramer presented a preliminary, non-voting request on behalf of El Punto Nightclub to extend weekend hours from 2 a.m. to 4 a.m.; the Zoning Board of Appeals flagged a prior Nov. 2, 2022 approval requiring DMU-hours conformity, a liquor-license discrepancy with state records, and public-safety concerns and instructed the applicant to withdraw or return with documentation.
Attorney Timothy Kramer told the Middletown Zoning Board of Appeals that his client, Karina Mateo, seeking relief for El Punto Nightclub at 97 North Street, is asking the board to allow the business to stay open until 4 a.m. on weekend nights instead of the current 2 a.m. limit.
The board treated the appearance as preliminary and did not take a vote. Kramer said other nearby establishments are allowed to operate until 4 a.m. and that closing at 2 a.m. causes “pretty substantial loss in income” on weekend nights. “The applicant is seeking to allow her business to stay up till 4 AM,” Kramer said.
Board members told Kramer the application packet checked both a use-variance request and a request for an interpretation of the DMU zoning hours. An unidentified board member explained the standard for a use variance, noting the applicant must meet all four statutory criteria — including demonstrating competent financial evidence of an inability to realize a reasonable return — and cautioned that the receipts submitted to date were likely insufficient. “They must meet all 4 criteria,” the board member said.
The board also cited a November 2, 2022 approval for the property that, the member said, explicitly required hours of operation to “conform to DMU zoning regulations and restrictions.” That approval raised a procedural hurdle for any claim that the hardship was not self-created.
Members asked Kramer to identify the nearby businesses he said enjoy later hours; Kramer named Caborkas Mexican Restaurant and Nelson’s Tavern. One board member raised public-safety concerns, saying police have been called to late-night incidents including fights and public urination and questioned whether allowing later hours would worsen those problems.
The board flagged a discrepancy over the establishment’s liquor license. Kramer said his client holds a full liquor license; another board member reported state liquor authority records available online indicated wine-and-beer only for that location and asked Kramer to verify which license is in place before any formal hearing.
Kramer said the owner could not attend because she was out of the country. The board told Kramer that if the applicant does not intend to return for a formal hearing the application should be withdrawn by formal letter to the zoning board. Staff set the filing deadline for the December meeting as the first Friday of December.
The board noted that an interpretation of the DMU zoning would likely be difficult because the business opened after the DMU zone was enacted and the DMU hours are explicit in the code. The board concluded the session with no formal action on the application; Kramer said he would check records and return with clarifications if the applicant pursues the matter.
Votes at a glance: - September minutes approved — motion by Unidentified Speaker (S2); unanimous voice vote (ayes recorded). - October minutes approved — motion by Tracy; seconded by Mark; unanimous voice vote (ayes recorded). - Meeting adjourned — motion by Unidentified Speaker (S2); seconded by Tracy; voice vote in favor.
The board did not schedule a formal hearing at this meeting; next steps depend on whether the applicant withdraws the application or submits clarified documentation (license verification, competent financial evidence, and any other materials the board requires).
