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Middletown council approves rezoning of 137 Linden Avenue, citing parking easement as public benefit
Summary
After a public hearing in which a longtime owner raised concerns about prior 'amortization' limits, the Middletown Common Council approved rezoning 137 Linden Avenue from two‑family to multiple‑residence, citing an easement that would provide about 15–20 parking spaces and demolition of an adjacent structure as public benefits.
The Middletown Common Council on Dec. 2 approved a resolution to amend city code 4‑75‑6 to rezone 137 Linden Avenue from OR‑2 (two‑family owner‑occupied) to UR‑3 (multiple residence), following a public hearing where a resident raised questions about the effect of prior amortization decisions on nearby property owners.
Beverly Japen, who identified herself as a board member involved in city volunteer activities, told the council she was “concerned about the proposal for the building at 137 Linden Avenue,” and asked what would happen to owners who previously lost three‑family status under amortization. Her concern centered on fairness to small landlords and the neighborhood impacts of increased density.
The council record and the resolution indicate the rezoning was approved as a spot‑zoning exception contingent on a stated public benefit: demolition of 135 Linden to reduce density, and a grant of easement to the city to create parking — described in council discussion as room for roughly 15–20 cars to serve park users and nearby residents. The resolution’s sponsor is Alderman Tobin; the item was seconded by Alderman John Francois and carried on a roll‑call vote with the members present recorded as voting in favor.
Council members reviewed prior amortization procedures and noted that those earlier appeals and any court opportunities were separate legal processes; the council record makes clear the current action relied on the city finding a public benefit to justify the zoning change rather than reopening prior amortization appeals. The resolution text and council discussion describe the property as a large, T‑shaped lot with extended rear frontage that, combined with the easement and the demolition of the neighboring structure, changed the planning rationale for allowing multi‑unit redevelopment at the site.
The rezoning resolution carried on a roll‑call vote; the council record does not list an effective date for the code change in the discussion, and the resolution text should be consulted or the city clerk contacted for the precise effective date and any administrative conditions attached to the zoning change.
What happens next: The approved rezoning allows the property owner to pursue redevelopment consistent with UR‑3 standards and the easement arrangement described in the council materials. Any building permits, demolition work or site improvements will remain subject to applicable permitting, inspections and other requirements.
