Middletown Zoning Board of Appeals Meeting – September 3, 2026

The Zoning Board of Appeals (ZBA) met on Thursday, September 3, 2026, at 5:30 PM in the Council Chambers of City Hall. The meeting was called to order by Chair Callie Grippo. Board members present included Richard Pelletier, Nick Ficaro, Gary Middleton, Andrew Santaniello, and staff Tom Hazel (Zoning Enforcement Officer). The meeting adjourned at 6:40 PM.

Consent Calendar

• Approval of Minutes: The board unanimously approved the minutes of the July 8, 2026 special meeting. (Motion by [member], seconded, all in favor.)

Public Comments & Testimony

• Fence and Shed Variances (66 Nathan Hale Road): James Reeve, representing his son (neighbor), spoke against both variances. He stated that a 6-foot fence was already present and that the applicant had added 4 feet to it, calling it a "spite fence." He also noted the shed was placed too close to the property line (about 2 feet) and that issues with thrown items predated the fence.
• Digital Sign Variance (181 Randolph Road): Deputy Fire Marshal Ryan Parmalee (South Fire District) spoke in favor, describing their own digital sign as less distracting than temporary yard signs and beneficial for public safety messages. Former Mayor Sebastian Giuliano also spoke in support, emphasizing the school’s role as a community facility and the sign’s ability to convey information quickly.

Discussion Items

• Variance for 10-Foot Fence (V2026-4): Jose Tapia, the applicant, explained he erected the 10-foot fence for privacy and safety after neighbor disputes and police advice. Staff noted the fence was built without a permit, added to an existing 6-foot fence, and placed on the property line (code requires 4-foot setback for a 10-foot fence). Board members expressed sympathy but concluded the hardship was personal, not tied to the land’s physical characteristics. The variance was considered inappropriate under zoning code requirements.
• Variance for Shed Setback (V2026-5): The 7x10-foot shed was attached to the garage on the south side, built with a permit but placed too close to the property line (estimated at 1.9 feet, code requires 10 feet). Staff acknowledged that the GIS aerial photo used in permitting was imprecise. Board members noted the neighborhood’s pre-zoning era structures and the small lot size, finding a hardship related to the land’s dimensions and consistent with neighborhood character.
• Variance for Digital Sign (V2026-6): Xavier High School, represented by attorney Rich Corella and school officials, requested a digital message sign to improve visibility of the school entrance and reduce accidents on Randolph Road. The sign would be 27 square feet (code allows 18 sq. ft. for institutional signs) and 6.5 feet tall (code allows 6 ft.). The slope of the land was cited as a hardship for height and size. The digital aspect is prohibited under current code (Section 4.18.7.3) but allowed as an institutional sign if defined as illuminated. Staff clarified that digital signs are not considered internally illuminated and have been previously allowed only through error (e.g., Beaman School). The board deliberated on whether the digital feature constituted a land-based hardship or was better addressed via a text amendment.

Key Outcomes

• Fence Variance (V2026-4): Denied. Vote: 5–0 against (all members opposed). The board found no hardship tied to the land.
• Shed Variance (V2026-5): Approved. Vote: 5–0 in favor. Board cited small lot size and neighborhood precedent.
• Digital Sign Variance (V2026-6): The board voted separately on two components:
  • Size and height (overall 27 sq. ft., 6.5 ft. tall): Approved 5–0.
  • Digital message capability: Approved 3–2 (Callie Grippo, Richard Pelletier, and Andrew Santaniello in favor; Gary Middleton and Nick Ficaro opposed). The board conditioned the sign to be on a timer with no lights after school hours.