Middletown planning commission clears zoning change to allow rear lots where larger lot standards apply

The Middletown Planning & Zoning Commission voted June 25 to amend section 5.6.0.28 of the city zoning code to allow rear lots in the R‑30 zone when a proposed lot must meet the larger R‑45 lot‑size standard because there is no public water and sewer.

Supporters of the amendment, led by attorney Rich Carrella on behalf of the applicant, said the change corrects an inconsistency in the code that forces landowners into a legal gray area. "If you're going to treat an R‑30 parcel without water and sewer as R‑45, then allow it to use the R‑45 provisions," Carrella told the commission, arguing the amendment would give property owners clearer, more predictable options without expanding sewer service.

Opponents and nearby residents urged caution. Several speakers told the commission they feared the change would make it easier to develop rear lots in areas now functioning as open space and wetlands. "There's a lot of field ecology, wetland ecology, forest ecology and stream ecology on those lands," Pamela Deeter Sands said, urging commissioners to consider the Plan of Conservation and Development’s goals for stewardship and to avoid preemptive, city‑wide changes.

City planning staff had warned that the amendment could affect more than 100 R‑30 parcels south of the sewer service area that currently must meet R‑45 standards for lot size in order to support wells and septic systems. Director of Land Use Mary Kazakowski urged commissioners to weigh the broader implications, noting the 2021 Plan of Conservation and Development includes a stated action to limit expansion of the city’s water and sewer service area.

Commissioners said they were balancing two policy goals: preventing sprawl and protecting natural resources while avoiding legal ambiguity that could invite litigation. "If the code is going to treat a parcel like R‑45, allow applicants to use R‑45 regulations," Commissioner Sebastian Giuliano said during deliberations, adding that special exceptions remain discretionary.

After public comment and staff discussion, the commission closed the public hearing and approved the text amendment by voice vote. The vote was recorded as a motion, second and voice vote; the record does not list a numeric tally. The amendment now clarifies that in cases where an R‑30 lot must meet R‑45 lot‑size criteria because it lacks public water and sewer, applicants may also follow the R‑45 rear‑lot provisions while still complying with R‑45 setbacks and buffers.

The change does not automatically authorize any specific subdivision: rear lots remain a special‑exception approval subject to the commission’s discretion and to wetlands, health, and other reviews. The commission also encouraged applicants and staff to use conservation easements and design measures to protect wetlands and minimize impact on adjacent homes.

The commission’s action resolves a legal ambiguity that had prompted an extended hearing and pointed debate about how the city should balance development rights with resource protection. The commission closed the meeting after approving the amendment; the change will be implemented through the usual ordinance and recordkeeping procedures.