Middletown zoning board approves two short-term rentals, delays West Main Road sign decision to August 25

The Middletown Zoning Board of Review approved two owner-occupied short-term rental permits and delayed a decision on an oversized sign at a West Main Road shopping plaza at its July 28 meeting, according to the Middletown Zoning's published meeting recording.

The board also approved one small setback variance under its summary process and pushed three other petitions to its August meetings.

Sign at the former Benny's site continued to August 25

The longest discussion of the night involved a request from a building supply retailer and its sign company for a special use permit to install a new freestanding sign at 1400 West Main Road, the plaza where Benny's used to operate. The petition sought 132 square feet where 80 is the maximum allowed, at 23 feet high where 10 feet is allowed.

Bethany Leonard, appearing for Poyant Signs on behalf of the tenant, told the board the application contained a typographical error and the actual sign area is 126 square feet. She said the existing sign is roughly 120 square feet and 25 feet tall, with one panel painted over since Benny's left, and that the new sign would be internally illuminated with only the lettering lit at night. She said the design also reserves a panel for a future tenant on an undeveloped pad site.

A special use permit is a discretionary approval that lets a use or structure exceed what the zoning ordinance allows by right, if the applicant meets specific standards written into the ordinance.

One board member said he had measured nearby signs himself and put most of them between 14 and 20 feet, with an average near 18 feet, and questioned why this one needed a 130 percent increase over the 10-foot limit. Another member raised pedestrian and driver sight lines at the crosswalks near the plaza entrance and asked whether the sign could be relocated to the far side of the existing sidewalk, away from the corner.

Leonard responded that a fence and a drainage swale occupy that area and that she would need to confirm with the property owner whether the land is theirs or the town's. She offered a possible alternative of pushing the sign farther back into the plaza, roughly 15 feet from the road instead of 10.

Other members were more supportive. One said the corridor is commercial, that the surrounding signs are in good taste, and that the property had been deteriorating in appearance since Benny's closed. Another said the tenant is a significant employer offering wages above minimum wage.

A motion to approve was made and seconded, but no vote was taken. Instead, the applicant agreed to a continuance to the board's August 25 meeting so she can report back on whether the sign can be moved or lowered. The chair said the testimony already given stays on the record and no new submission is required before then.

The board's attorney recused himself from advising on this petition, saying the tenant was not listed on the application.

Two short-term rental permits approved

The board approved a special use permit for an owner-occupied short-term rental at a Middletown home, with the owner testifying that rising costs after renovating his house made short-term renting the most workable option. He said the house has two bedrooms on the first floor and that he lives on the second floor. A board member circulated a color-coded map showing that most of the surrounding block already operates as short-term rentals. The motion passed by voice vote, with the chair announcing it carried five to nothing.

The board then approved a second owner-occupied short-term rental permit, this one on Morrison Avenue. The petitioner, who was sworn in and identified himself, said he bought the property about two years ago, tried monthly rentals and a winter lease to students, and now intends to live in one of the three bedrooms and rent the others. He confirmed he also owns and operates a separate short-term rental next door.

That approval drew the meeting's clearest disagreement. One board member urged denial, arguing the ordinance's standard that a special use not permanently injure surrounding property use should apply here because the block has not yet been converted the way the other neighborhood has. "This area still is a residential area," he said, warning that continued approvals would change the neighborhood's residential character.

Two other members said the petitioner met the criteria written into the short-term rental ordinance. One said the objection "just doesn't hold water" under the ordinance as written. Another noted that no abutters appeared to object. The motion to approve passed by voice vote among the five primary members voting.

Under the rules discussed at the hearing, an owner-occupied short-term rental requires the owner to be on the premises while the unit is rented.

Other business

The board approved a summary petition for an 8-by-8-foot front deck with an 11-foot front yard setback where 25 feet is required. The chair explained that summary cases are those where a petitioner seeks a single variance of less than 50 percent of what the ordinance allows, and can be decided without testimony unless a board member or member of the public asks for a full hearing. No one did. One board member was recused. The motion passed by voice vote, announced as five to nothing.

A shed variance petition continued from the prior meeting was continued again to August 23 after the petitioner did not appear; a board member said he would contact her about withdrawing it.

A petition from Coddington Cove Commons LLC seeking a special use permit to allow two units to operate as a brewery with retail sales and a tasting room was continued to August 25 at the applicant's attorney's request. A second short-term rental petition whose petitioner was absent was also continued to the 25th.

What happens next

The sign petition at 1400 West Main Road returns to the Middletown Zoning Board of Review on August 25, along with the brewery petition. The shed variance is scheduled for August 23. Members of the public may appear and speak for or against any petition at those hearings; the board opens each item to public comment before voting.