Middletown Planning and Zoning Commission Regular Meeting – March 25, 2026

The Middletown Planning and Zoning Commission held a regular meeting on Wednesday, March 25, 2026, at 7:00 PM in the Council Chambers and via WebEx. The meeting covered three major actions: approval of a multi-use trail near Lawrence School, a three-lot subdivision on Freeman Road, and a zoning text amendment regulating tobacco specialty retailers and illegal cannabis sales. The meeting adjourned at 8:40 PM.

Public Comments & Testimony

• Laura Baum (135 Mount Vernon Street, Chair of Middletown's Complete Streets Committee, speaking on her own behalf) expressed strong support for the multi-use trail project (items 8.1 and 8.2), emphasizing its importance for walking and biking connectivity and as a key part of the Central Connecticut Loop Trail. No other public comments were received.

Discussion Items

Multi-Use Trail (New Business Items 8.1 and 8.2)

• John Hall (Jonah Center for Earth and Art) provided historical context, noting the trail has been envisioned since 2012 as Phase 1 of the Newfield Corridor Trail. The segment will connect Mile Lane to Tuttle Road, approximately 0.75 miles of new 10-foot-wide asphalt paved trail (total about 1 mile including existing section), providing off-road access for children to Lawrence School and extending the Mattabesset Bike Trail. The trail is part of the larger Central Connecticut Loop Trail, aiming to connect the Airline Trail to the Farmington Canal Trail.
• Mike Darty (SLR Consulting) presented design details: a raised tabletop crosswalk across Kaplan Drive, an outdoor classroom near the baseball/softball field, two boardwalk crossings (100 ft and 140 ft) using helical piles, a 54-inch chain-link fence on steep slopes, and a timber guide rail on Old Tuttle Road. The plan incorporates requests from the Board of Education and Lawrence School PTA, including a chain-link fence separating the trail from school access road.
• Commissioners expressed unanimous support, noting the project's long development and collaboration. Commissioner McEvoy inquired about wildlife considerations; the design includes Eastern Box Turtle protection measures. The Inland Wetlands Watercourse Agency approved a permit earlier in March.

Freeman Road Subdivision (Old Business Item 7.1)

• Kirk Blauberg and Kyle Blomberg (KWB, LLC) proposed a three-lot subdivision on a 6.3-acre property (Map-Lot: 54-0028) in the R-60 zone. The project received Wetlands Commission approval in February and Health Department approval on March 25. Director Kozikowski noted a Connecticut DEEP Natural Diversity Database assessment dated March 17, 2026, identifying three species of concern: wood turtles, eastern box turtles, and spotted turtles. Conditions for erosion control and construction timing were incorporated by reference.

Zoning Text Amendment – Tobacco and Cannabis Regulation (Public Hearing Item 6.1)

• Director Marek Kozikowski presented a zoning code amendment to regulate tobacco specialty retailers (smoke shops, vape stores) and illegal cannabis sales. The amendment defines a "tobacco specialty retailer" as an establishment where 10% or more of gross floor area or display area is used for tobacco/nicotine products/paraphernalia. New regulations include:
  • Special exception use only in B-2 and NPC zones (similar to cannabis retail).
  • 1,500-foot separation distance from other tobacco specialty retailers and nonconforming businesses selling such products.
  • Display controls: no self-service displays, products not visible from public right-of-way, no outdoor displays.
  • Prohibition of on-site consumption.
  • Explicit classification of unlicensed cannabis sales as a zoning violation.
  • Prohibition of cannabis-suggestive signage unless properly licensed.
  • Repeal of the one-year moratorium on new tobacco retailers.
• Motivation: Proliferation of smoke shops (7 citywide, 2 downtown) and 10 police busts in the past two years for illegal sales (including synthetic drugs like Kratom). The state's Public Act 25-166 now allows municipalities to impose fines up to $30,000 per day per incident for illegal sales.
• Chief of Police Eric Costa spoke in support, noting that enforcement alone cannot solve the problem; strong zoning provides a long-term solution. He highlighted the burden on police resources and the pattern of store ownership changing after busts to evade penalties.
• Commissioners expressed strong support, discussing nonconforming uses, enforcement, and the need to protect public health and safety. Commissioner Emery raised questions about enforcement coordination and the ability to revoke approvals for violations.

Key Outcomes

• Item 8.1 – Site Plan Approval for Multi-Use Trail: Motion carried unanimously. (Motion by Commissioner Spencer, seconded.)
• Item 8.2 – Favorable GS 8-24 Report for Multi-Use Trail: Motion carried unanimously.
• Item 7.1 – Freeman Road Subdivision: Motion carried unanimously, with reference to the March 17, 2026 DEEP assessment and conditions.
• Item 6.1 – Zoning Text Amendment (Tobacco & Cannabis): Motion carried unanimously after closing the public hearing.
• Item 7.2 (AMI Sports addition): Postponed to April 22, 2026, at the applicant's request.
• Minutes of March 11, 2026: Approved unanimously.
• RiverCOG Report: Noted participation in PA 25-1 consultant services and upcoming code changes regarding parking requirements for residential developments of 16 units or less; a workshop anticipated in late April/early May.