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Board declines to refer 138 West Main three‑family conversion to zoning board after concerns about large variances

July 11, 2026 | Middletown, Orange County, New York


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Board declines to refer 138 West Main three‑family conversion to zoning board after concerns about large variances
MIDDLETOWN — The City of Middletown Planning Board on July 8 declined to refer an application for 138 West Main Street to the zoning board of appeals after members raised multiple concerns about the project’s compliance with zoning requirements.

William J. Arzillo, representing D and S Realty, told the board the owners want to convert the property’s main portion into a third dwelling unit; he said the structure currently contains three separate units. Planning staff and board members, however, flagged several obstacles. A board member noted that the zoning code calls for a 1.0‑acre lot for the proposed structure, while the applicant’s plan lists the parcel at roughly 0.2 acres. "That's not that's not a slight area variance. That is a dramatic area variance," one member said during the discussion.

Members also questioned whether required play space or a playground lies within 500 feet of the site and whether the variance would be considered self‑created. The board referenced a prior amortization effort aimed at reducing multi‑family dwellings and said the application appears to run counter to that policy direction.

After discussion the board moved to refer the matter to the zoning board; the roll call recorded six members voting "no" and the chair saying he would vote yes "just for the process." Given the recorded votes, the board did not approve the referral to the ZBA. The chair told the applicant the decision reflected the process and directed him on next steps, including potential return with revised plans or documentation for variance criteria.

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