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Code Enforcement Committee reviews multiple property cases, schedules abatement reinspection

Middletown Mayor's Code Enforcement Committee · March 13, 2025
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Summary

The Mayor's Code Enforcement Committee met at 9:01 a.m., approved amended minutes unanimously, and reviewed enforcement updates on Forbidden Llama, two Middlefield Street properties headed for a ZBA appeal, several Main Street businesses with prohibited roll‑down cages, a small weed issue at 698 Washington Street, 699 Country Club Road enforcement steps, and a pending abatement for 49 Hemlock.

The Mayor's Code Enforcement Committee convened at 9:01 a.m. and unanimously approved the minutes of its Feb. 27 meeting after correcting a typographical error that misnamed 465 Middlefield Street in the draft minutes. The chair announced the motion passed at 9:02 a.m.

The meeting’s principal business was a series of property-specific enforcement updates. Committee member Gary Gessaro said he had been corresponding with the architectural firm and others about what he identified as code violations involving a second means of egress at the property known in the record as Forbidden Llama. "I've been going back and forth with emails with the architectural firm," Gessaro said, adding his communications were copied to his supervisor and that he was unsure whether the architect will supply revised plans or whether the owners will retain a contractor to design a fix.

Tom, representing the Department of Land Use, said owner approval and multiple agency sign-offs remain prerequisites before any permitting can proceed. "They are permitted uses under the zoning code," Tom said, but added approvals from fire, health and building are still required and the owner must sign off on any change in use.

On 455 and 465 Middlefield Street, land-use staff reported that a zoning-board-of-appeals hearing is scheduled for the first Thursday in April for one of the properties, and that staff have compiled materials for the state's attorney regarding the other property where removal of showers and stoves is at issue. Tom said the state's attorney had offered to assist and staff would proceed with enforcement steps after the appeal process clarifies each property's status.

Richard Sweet’s proposal for 52 North Main Street — described by staff as a temporary winter barrier (snow fencing) to protect a degraded foundation area — is scheduled for inspection this week so staff can verify the mitigation plan and safety measures. Tom said he had given the owner an opportunity to install temporary protection and that spring remediation plans are expected.

Staff clarified which Washington Street address was the subject of earlier minutes. A problem previously blended across adjacent addresses was narrowed to 698 Washington Street, where staff said overgrowth on a small traffic island and previous police involvement had interrupted business operations; the committee described this as a minor maintenance issue likely resolved by public-works mowing or a brief contractor visit.

Separately, staff reported three Main Street businesses — at 530, 346 and 594 Main Street — have been ordered to remove roll-down steel cages that are not permitted in the B‑1 zone. Tom said compliance checks, including night drive-bys, are underway to confirm the cages are not being used after hours.

At 699 Country Club Road, staff told the committee they were awaiting a site plan from an architect and reiterated local limits on the number of dogs allowed at the property. The property owner has been summonsed to court, Tom said, and staff plan to follow up with the state's attorney about enforcement if the owner does not submit compliant plans.

The office of the general counsel reported that a notice of abatement for 49 Hemlock had been served by a state marshal and that the appeal deadline is tomorrow. The chair asked Tom to reinspect the property on Monday; the office of the general counsel said that if no appeal is filed, public works crews will be coordinated to carry out the authorized clean-and-leave abatement as resources permit.

There were no public commenters in attendance. The committee adjourned at 9:15 a.m.

Next steps noted in the meeting record include the scheduled ZBA hearing in April for one Middlefield property, a planned reinspection of 49 Hemlock on Monday to confirm whether an appeal was filed, and ongoing compliance checks for Main Street businesses ordered to remove roll-down cages.