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Middletown code enforcement committee hears updates on tenant arrest, collapsed building and restaurant performance concerns

Middletown Code Enforcement Committee · August 8, 2024
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Summary

The committee received updates Aug. 8 on several property-code matters: a tenant arrested in Massachusetts and vacated from 237 Spencer Drive; a partially collapsed outbuilding at 52 North Main that staff say must be secured; zoning concerns at 465 Middlefield; and a restaurant performance under review by fire officials.

MIDDLETOWN — The Middletown Code Enforcement Committee on Aug. 8 reviewed a string of property- and public-safety issues, from a tenant arrest tied to a nuisance address to a collapsed outbuilding and a restaurant performance that may require state fire-marshal approval.

Nick, a Police Department representative, told the committee that the resident linked to long-running problems at 237 Spencer Drive "has been arrested up in Massachusetts. He's being held up there, and then he has 9 warrants that he has to answer to here when he gets out of Massachusetts." Nick said the resident has vacated the property, which could change the timeline for land-use follow-up.

The committee flagged a more immediate public-safety concern at 52 North Main, where Mark, a land-use official, reported that part of an outbuilding had collapsed and that young people have been trespassing on the property. "Tom informed Mr. Sweet that he needs to really secure that area, for everybody's safety," Mark said. Building staff had not completed an inspection to confirm the extent of the collapse.

The panel also discussed ongoing zoning enforcement at 455 and 465 Middlefield Street. Chair summarized previous actions: notices of violation over improper storage of motor vehicles, vacated illegal residential units and a possible cease-and-desist for nightclub activity. Mark said he had signed off on site-plan approval for second-floor uses but not for the third floor, and he warned that the city's new outdoor-storage rules require a 200-foot buffer from residential zones, which could make a leased pen for vehicle storage noncompliant.

Kevin, a Health Department representative, raised a separate safety concern after posting on social media showed a performance at restaurant Mia in Metro Square that included fire breathing and large flames. "It didn't seem safe," Kevin said, and he shared still photos with colleagues. Gary, speaking for the Fire Department, said state special-effects rules may apply and that the act might require a certificate from the state fire marshal's office; he said the department would investigate and likely speak with the restaurant but did not recommend adding the item to a future agenda unless needed.

Gary also said the fire department was preparing a letter to property owner Mr. Sweet regarding repeated false alarms at 52 North Main and that the city ordinance governing false alarms would be enforced going forward, with fines invoiced for prior incidents.

On other items, Mark reported that a fiduciary for 10 Derwin Street had brought that property into compliance and could be removed from future agendas. Dean, a building department representative, said the state building department had contacted the city about 699 Country Club Road; Dean expects to meet next week with Donna Parker of the state to determine whether the structure requires a permit, and staff referenced administrative search-warrant steps as part of that process. Chair said environmental reports for the Forest City Laundry property remain outstanding and that acquisition work is likely months away.

The committee formally approved the minutes of its July 11 meeting (motion moved by Gary, seconded by Scott) and adjourned at 9:21 a.m. (motion moved by Dean, seconded by Nick). Departments generally said they will follow up with inspections, contact property owners or the state as needed and return with updates to the committee.

What happens next: Building, land-use and fire staff said they will coordinate on inspections and any required permits; Gary will seek clarification from the state fire marshal on whether the restaurant act needs a certificate before the committee takes further action.