Middletown zoning board denies variances for 92 Linden Avenue

The City of Middletown Zoning Board of Appeals on an October 2024 agenda denied an application from 92 Linden Avenue LLC for three area variances needed to build a two-family house on a small lot at 92 Linden Avenue. The board voted 4–0, with one member absent, to deny the variances for lot area, lot width and front yard setback.

Ernest Johnson of Fusco Engineering, representing property owner Mr. Leibowitz, told the board the lot is small but argued the change would be consistent with surrounding development, saying, “it is a small lot, but it is in an area that has a lot of two family houses, and I don't think it changes the area very much.” He also acknowledged there is effectively no room for an on-site driveway.

Martinez, the city code enforcement representative, provided the numeric comparisons the board used in deliberations: the city’s lot-area requirement is 7,500 square feet and the applicant proposes 3,988 square feet; the lot width requirement is 75 feet and the applicant proposes 50 feet; the front-yard requirement is 25 feet and the applicant proposes 12 feet. Martinez described the proposed variances as substantial and walked the board through the standard balancing factors, noting possible increased impervious surface and stormwater runoff, on-street parking strain and that the difficulty appeared self-created by the property purchase.

The board also read a written statement from Middletown Mayor Joseph M. DeStefano opposing the application. Burdes read the letter into the record, which said, in part, “I write … in opposition to an area variance proposed for 92 Linden Avenue,” cited the lot’s 3,988-square-foot size and called the claimed hardship self-created while warning the small lot contributes to limited off-street parking and little recreational space in that neighborhood.

During questions, a board member pointed out there was no driveway shown in the proposal and noted a two-family unit typically brings multiple vehicles and snow-removal parking needs; Johnson responded, “There's there is no room for a driveway, basically.” The board also discussed on-site trees and a steep rear drop that could require a fence or retaining wall for safety and usable yard space.

After closing the public hearing, a motion to grant the three area variances was made and seconded, bringing the matter to a roll call vote. The board recorded votes of nay from Keith Hallock, Tracy Racine, Mark Woody and Chair Jim Burdes; one member, Wendy Rodriguez, was absent. With a tally of 0 yes, 4 no and 1 absent, the variances were denied.

The applicant thanked the board; the meeting concluded with a motion to adjourn. No further action on the application was recorded at the meeting.