Council Postpones KJ's Patio Expansion

After nearly a year of negotiations with a residential neighbor and zoning board reviews, the wait isn't over for KJ's Pub to gain approval to serve 17-seats on their newly constructed outdoor patio.

Although the zoning board approved the special use permit, after hearing testimony from attorneys on both sides, Middletown Town Council voted to postpone a decision. Abutter Rosemary Nunes through her attorney, Robert Silva, cited concerns with noise, parking and traffic. Silva said they plan to appeal the zoning decision.

In a 6-0 vote, council members said they would prefer to wait until that decision is made in Superior Court, although Silva said they are prepared to go to Supreme Court, if required. Councilor Christopher Semonelli recused. 

“Unfortunately the location is unique,” said Silva. “Significant commercial activity and 50 feet away you have a single family residence, and there is no intermediate zone, there is no buffer zone.”  Silva said the restaurant initially went before the zoning board with an application to add 32 additional seats and was denied approval, and returned six months later, with almost an identical request, just 15 fewer seats.

“It’s a repetitive petition in less than a year,” said Silva,  “That’s not allowed under the ordinance. It should not be allowed to go forward. You put the abutters through the tremendous expense emotionally and financially to fight the same battle that they fought six months earlier.”

Terry Flynn, of Warren Street also spoke up against the expansion plans.

“It’s a pretty tight neighborhood,” said Flynn. “Lots of pedestrians. There are children. It would be a tragedy if there were so many cars around that there is an accident. We get the overflow. We are constantly having to call for service from police.”

Tell Us: Do you agree that council should wait for the appeals process?