Commission waives Jack English Drive sidewalk requirement, conditions bond and memorandum items

The Middletown Planning & Zoning Commission voted June 25 to approve a modification to the Mercy View subdivision that waives the sidewalk requirement along Jack English Drive, provided the applicant completes specified punch‑list items in the February 24, 2025 memorandum and that the subdivision bond be retained until completion of those items.

Developer Thomas Kokomo told the commission the neighborhood preferred to forgo sidewalks and instead have the developer pave driveways for property owners who have not yet done so. "In lieu of putting in sidewalks...I've worked an agreement out with them to give them some driveways to the neighbors who have not paved their driveways," Kokomo said, adding that he has a bond in excess of $275,000 to ensure completion of public‑works items and would complete the wear course (final paving) by mid‑November, subject to sewer/video deliverables.

Neighbors who spoke at the public hearing generally supported avoiding sidewalks if the driveway‑paving agreements included enforceable timelines and protections. Several residents asked for 30 days to review individual homeowner contracts that Kokomo said he negotiated for driveway paving. Joe Copeland and Melissa McCacran urged clearer start and end dates and contract terms; the commission clarified that the commission’s action covers only the waiver of the sidewalk requirement, not private homeowner contracts.

Commissioners expressed concern about ambiguous private contracts but said the commission could still act on the sidewalk waiver. Commissioner Sebastian Giuliano moved to approve the waiver for Jack English Drive for applicant Kokomo 2 LLC (S2016‑1), conditioned on completion of the items listed in the February 24, 2025 memorandum received June 25, 2025, and that the subdivision bond be held until those items are addressed. The motion was seconded and passed by voice vote.

Commissioners and staff discussed possible additional conditions, including tying bond release to driveway completion; the developer said he would be open to adjusting the bond conditions so there are "teeth" to ensure performance. Commissioner Elizabeth Emery said she supported the waiver reluctantly, emphasizing the city’s goals for walkability, but noted the neighborhood consensus and staff’s recommended conditions.

The approval permits a waiver of sidewalks only for Jack English Drive under the stated conditions; Driveway contracts between the developer and individual homeowners remain private agreements and will not be enforced directly by the commission beyond the bond condition required for municipal approvals.