1.    Approval of the minutes of the April 8, 2026 regular Planning Board meeting and the April 3, 2026 and May 1, 2026 site visit meetings.

1. Mr. Croce invited board members to make any comments. After making a comment on the last set of minutes, he asked for a motion to accept the first two.
2. Motion by Mr. Weber, seconded by Mr. Vaillancourt to approve the April 8, 2026 regular Planning Board meeting and the April 3, 2026 site visit meeting minutes. Vote: 6-0-0.
3. Mr. Croce requested a motion to accept the May 1, 2026 site visit meeting with the last paragraph be stricken from the record as it pertains to questions from town residents that were received after the meeting had already been closed.
4. Motion by Mr. Weber, seconded by Mr. Vaillancourt to approve the May 1, 2026 site visit meeting minutes as amended. Vote: 6-0-0.

2.    Correspondence

a.    Decision of the Administrative Officer dated April 7, 2026 re. Application of Timothy and Connie Barlow for combined Preliminary and Final Plan approval for a 3-lot Minor Subdivision. Property located at 3 Wabasso Terrace, and further identified as Tax Assessor’s Plat 113, Lot 21H.

2. Motion by Mr. Weber, seconded by Mr. Vaillancourt to receive the correspondence. Vote: 6-0-0.

c.     Memo of the Town Planner dated April 8, 2026 re. Administrative Subdivision – Application of The Thanatopsis Trust and the Terry H. Morgenthaler Revocable Trust involving properties located at 738 Indian Ave. and 275 Vaucluse Ave., and further identified as Lots 47 & 705 on Assessor’s Plat 129.

4. Motion by Mr. Weber, seconded by Mr. Vaillancourt to receive the correspondence. Vote: 6-0-0.

e.    Memo of the Town Planner dated April 14, 2026 re. Administrative Subdivision – Application of Kyriaki Kyriakides involving properties located at 21 Casey Drive and further identified as Lots 20 & 4D on Assessor’s Plat 106.

6. Motion by Mr. Weber, seconded by Mr. Vaillancourt to receive the correspondence. Vote: 6-0-0.

3.    Agenda modifications

a.    4.b, 4.c, and 4.d will be continued to the following meeting and will be discussed shortly before 4.a.

b.    Motion by Mr. Skirzenski, seconded by Mr. Weber to continue 4.c and 4.d to the next regular Planning Board meeting on June 10th. Vote: 6-0-0.

4.    Old Business

a.    Public Hearing - Request of Mello Realty, Inc., owner, and Coddington Cove Land Condominium Association, applicants for a waiver from design standards section 521.2.C of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land for use of exterior building materials (vinyl siding) not meeting design requirements. Property located at 300 Coddington Hwy, Tax Assessors Plat 103, Lot 103.

                                          i.        Mr. Croce explained that the public hearing remained open from the February 11^th PB regular meeting and that since then there have been changes to the membership of the Planning Board body.  Mr. Croce stated that all new Planning Board members had access to the video of the February meeting.

                                         ii.        Atty. Galvin stated that Jay Grover from Spencer McComb’s office, was in attendance and could speak to the applicant’s compliance with the process.  The applicant left the February meeting with the task to look into the compromise proposed by the chairman to allow the first building to remain as is and build out the remaining three with fully compliant composite materials on the entire building instead of just the building façade as is currently constructed.  This would ad an additional $93,000 over the cost of vinyl siding.

                                        iii.        Atty. Galvin went on to say that since February the applicant has secured an additional 12 letters of support from abutter’s who prefer what is currently built as opposed to the vertical medal siding required by the Planning Board.

                                       iv.        Atty. Glavin also discussed the idea that modifying the waiver would somehow lead to a precedential binding result on the Planning Board going forward, a main concern of the Chair.  He advocated that it would not because each project is reviewed on an individual case-by-case basis.  The Town Solicitor is also prepared to back up the proposition that this would not create a binding precedent.

                                         v.        After reviewing the matter of setting a precedent with lead Solicitor Peter Regan, Mr. Monti stated that PB members need to evaluate this particular request for modification on its own merit, and every case is different.  So just because the PB allows vinyl in one incident under a particular set of circumstances because of a mistake that was done by all accounts in good faith, does not compel the PB to allow vinyl siding in future cases.  The Town Solicitor’s office does not feel that the Board needs to be particularly concerned with the precedential value of allowing vinyl under one very particular set of circumstances.

                                       vi.        Mr. Croce asked if the opinion stated by Mr. Monti was just that or rather a directive.  Mr. Monti answered in the affirmative.

                                      vii.        Atty. Galvin stated that the applicant is not in front of the Board seeking  a waiver that would bring the project further away from town standards but rather the material they used is more in line with the New England aesthetic and town standards than what is currently approved.

                                     viii.        Mr. Weber pointed out that the Building Commissioner did grant a Certificate of Occupancy despite the mistake.

                                       ix.        Mr. Pierik echoed the concerns of the Chair that this would set a precedent and asked if there was another compromise possible that would not result in a $93,000 price tag.

                                         x.        Mr. Huttler, asked if the applicant could elaborate on what percentage the additional cost would entail on the budget for the siding.  Atty. Galvin explained that composite is more than 2.5 times the cost of vinyl.

                                       xi.        Mr. Vaillancourt and Mr. Skirzenski, understood the concern that allowing the waiver request would set a precedent but felt it was more important to look at each situation at an individual case by case.  Since all were in agreement that vinyl siding was more aesthetically pleasing than the medal siding, it was a better outcome for the town and so it should be approved.

                                      xii.        In an effort at compromise, Mr. Croce expressed his hope that the applicant would of come back with other siding options at different price points.  Atty. Galvin explained that he had not been aware that was an available option and requested that the matter be voted on so as not to delay the project any further.

                                     xiii.        Motion by Mr. Vaillancourt, seconded by Mr. Skirzesnki to approve the waiver request.

                                     xiv.        Before the motion was voted on Mr. Huttler amended it to approve the waiver allowing vinyl siding on the three remaining buildings but also explicitly state that that this decision should not be seen as a precedent for any case going forward as this outcome was allowed because of very unique circumstances.

                                      xv.        Mr. Wolanski reminded the Board that the motion was for all 4 buildings in order to allow vinyl to remain on the already constructed building.

                                     xvi.        Motion by Mr. Huttler, seconded by Mr. Skirzesnki to approve the waiver request as amended. Vote: 4-2-0. With Mr. Croce and Mr. Pierik voting in opposition.

b.    Public Hearing - Application of SB Farm LLC Master Plan approval for a Major Land Development Project involving a proposed 13,862 square foot structure to house farmstand, café and agricultural uses, and associated site work, including parking, stormwater management and landscaping, and including request for waivers from design requirements of sections 521.1.B.1 and 521.3.D.3 of the Middletown Rules & Regulations Regarding the Subdivision and Development of Land. Property located at 913 Mitchell’s Lane, and further identified as Tax Assessors Plat 125, Lot 1.

                                          i.        Continued to the next Planning Board meeting.

c.     Discussion of, and recommendation to the Town Council on proposed design requirements and other restrictions for multi-family residential development, including proposed amendments to Middletown Zoning Ordinance Section 1508 – Building Design and Location; proposed amendments to the Use Table in the Middletown Zoning Ordinance; Section 602 – Schedule of District Regulations – Uses and Districts – Multi-family dwelling structure & Multi-family dwelling project to allow the uses in the R-10, R-20 and R-30 zoning districts by special use permit; Section 603 regarding dimensional requirements for two-family dwelling, multi-family dwelling structure, and multi-family dwelling project; and Section 1504 regarding allowable density for multifamily dwelling structure and multifamily dwelling project.

                                          i.        Continued to the next Planning Board meeting.

d.    Request of the Town Council for review and recommendation on a draft complete streets ordinance.

                                          i.        Continued to the next Planning Board meeting.

5.    New Business

a.    Public Hearing - Application of 50 Enterprise Residences, LLC for Master Plan approval for a Major Land Development Project involving proposed construction of 7 office buildings totaling 9,380 square feet of office space, and including associated site work, such as redesign of onsite parking, stormwater management and landscaping. The property is located at 50 Enterprise Center and identified as Lot 15F on Tax Assessor’s Plat 113.

                                          i.        Motion by Mr. Skirzenski, seconded by Mr. Vaillancourt to open the public hearing. Vote: 6-0-0.

                                          i.        Atty. Jeremiah Lynch representing the applicant, introduced project engineer Molly Titus and also project principal Mr. Bisho, who was available online.  This project calls for the construction of two triplexes and a separate single building in the west parking lot of the existing property.  The blacktop will be removed, decreasing the impervious area.  The initial proposed use is for office space, which is permitted by right.  The project will meet all the parking space requirements of an office space.  As everyone is aware, the buildings will be ultimately converted down the road to residential use as an adaptive reuse project.  This is currently the only process available to construct a project like this.  The parking requirements for a residential adaptive reuse will be significantly less.

                                         ii.        Mr. Croce confirmed that the TRC would review the project again at the preliminary stage.

                                        iii.        Mrs. Molly Titus of Diprete Engineering took the podium to answer questions from the Board.  Mr. Croce noted a discrepancy in identifying the designated zoning of the parcel.  Mr. Wolanski and Mrs. Titus stated it was OBA as opposed to GBA as noted in the plans.

                                       iv.        Mr. Croce confirmed that Newport Water is satisfied they can supply water for the future residential use of the project.

                                         v.        Ms. Titus explained that existing curbing and pavement will be replaced with reinforced turf to accommodate fire truck access along the southern property line.  Arborvitaes that are there will remain.  Roof mechanicals will be shielded.

                                       vi.        Mr. Pierik asked about sewage capacity with the future use of the buildings to which Ms. Titus stated she would have to research that exact number.  In answering additional questions Ms. Titus explained that the project will make use of the existing stormwater management infrastructure without interference and that a landscaping plan would be provided during the preliminary plan phase.

                                      vii.        Mr. Huttler expressed his hope that a preliminary plan would incorporate any possible updates to the stormwater management infrastructure existing on site.

                                     viii.        After inviting members of the public to speak, seeing none a motion to close the public hearing was made.

                                        ix.        Motion by Mr. Vaillancourt, seconded by Mr. Weber to close the public hearing. Vote: 6-0-0.

                                         x.        Motion by Mr. Vaillancourt, seconded by Mr. Weber to give Master Plan approval subject to findings and conditions. Vote: 6-0-0.

6.    Updates

1. Status Report on Planning Board action items.
2. Committee reports

                                          i.        Tree Commission

1.    Ms. Owen was not in attendance.

                                         ii.        Open Space and Fields Committee

1.    Mr. Vaillancourt’s statement was inaudible.

                                        iii.        Conservation Commission

1.    Mr. Skirzenski stated the Committee is currently polling members to see if they could reschedule their meetings to the third Wednesday of the month going forward.

                                       iv.        Middletown Center Citizens Advisory Committee

1.    Mr. Huttler stated they the Committee was polling members to see when they could meet next.

                                         v.        Miscellaneous Items

1.    Mr. Croce stated that action items, such as Mr. Skirzenski’s housing presentation, inclusionary zoning items, and stormwater/wastewater management subcommittee membership, will be presented formally to the Planning Board at its next meeting on June 10, 2026.

Motion by Mr. Vaillancourt, seconded by Mr. Weber to adjourn the meeting. Vote: 6-0-0

Meeting adjourned at approximately 7:13 pm.

Respectfully submitted,

Arthur S. Weber, Jr., Secretary