Planning board approves 2–4 North Street convenience store; board and applicant clarify city tobacco permit process

The City of Middletown Planning Board approved a retail-use application for a convenience store at 2–4 North Street on April 2, 2025. Board members and staff made clear that the applicant may not sell tobacco products or related paraphernalia until the city issues a tobacco permit through the Department of Public Works.

The approval came after about 20 minutes of questioning from board members about how the proposed store would use its floor space, whether tobacco and cannabidiol (CBD) products would be sold, and what local rules — if any — distinguish a convenience store from a smoke shop. Applicant Kevin Burris said tobacco sales would represent "less than 30%" of sales. Board members and city staff said the tobacco permit and any related restrictions are handled by the city DPW and that there is currently no numerical threshold in city rules to define a smoke shop versus a convenience store.

The board opened the item and heard from applicants Kevin Burris and Pablo Cablenny, who described the business as a convenience store focused on "exotic" snacks, beverages, and some smoke accessories. "Less than 30%," Burris said when asked what portion of sales he expects to come from tobacco products. He told the board he is not planning to sell cannabis products and that any CBD products would be subject to city rules.

Board members pressed for clarity on two points: whether the store's floorplan and fixtures would allow it to operate primarily as a smoke shop, and what the city permit process requires. The board heard that a city tobacco permit is required and must be obtained from the DPW before selling tobacco. A board member noted the common council passed the tobacco permitting law recently; staff said the timing was roughly within the last year but did not provide a precise date.

Planning staff and the board said the city currently has no numerical definition separating a smoke shop from a convenience store and no formal percentage threshold that would automatically trigger a different review. "There is none at this moment," a board member said when asked whether such a definition exists. Planning staff added that advertising and window displays related to tobacco licensing and restrictions are expected to be clarified via the DPW permitting process.

On the mechanics of opening, the board chair said the approved applicant could open the business once any required local permits and inspections are completed, but that tobacco sales and paraphernalia are strictly subject to issuance of the DPW tobacco permit. Several board members encouraged the applicants to meet with the DPW and permit staff to confirm compliance before opening.

The board voted to approve the resolution for 2–4 North Street (convenience store retail). The motion was made and seconded, and the roll call was unanimous in favor.

The discussion highlighted a gap board members want city staff and the DPW to address: whether the city needs a clearer definition or threshold that distinguishes convenience-store uses from smoke shops, particularly near sensitive uses such as day-care centers or college campuses. The board did not adopt any additional conditions limiting tobacco sales; rather, members relied on the DPW permitting requirement and promised follow-up on local standards.

Votes and next steps: The applicant was approved to operate a convenience store; tobacco sales must wait until the DPW issues the required city tobacco permit. Planning staff and DPW were asked to clarify the permitting guidance and any advertising/display limits that apply to tobacco-related products.