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Middletown Planning & Zoning: subdivision, Uncle Bob's relocation and moratorium approved; cannabis hearing continued
Summary
The commission approved a two‑lot subdivision on Higbee Road and a special exception for Uncle Bob's Garden Center’s relocation, adopted a one‑year moratorium on approvals for new retailers that commonly sell tobacco or paraphernalia, and continued the hearing on a proposed cannabis retail store at 428 Main Street to April 9.
The Middletown Planning & Zoning Commission on March 26 approved three items and continued a controversial fourth after a long public hearing.
A two‑lot subdivision (item 8.1) on Higbee Road (Map Lot 08‑0042) was presented by John Martucci and Todd Clark; the commission recorded that the proposed lots meet R‑15 zoning standards and that sewer service will tie into Sisk Road via an easement approved by the WPCA. The motion to approve passed unanimously.
The commission also granted a special exception (item 6.1) allowing Uncle Bob’s Garden Center to relocate to 1000 Newfield Street in the NPC zone. Applicant agent Michael Grenier told the commission the operation has three decades of local ties and said the site is about 150 feet from wetlands; he agreed to screening and other conditions proposed by staff. The public hearing was closed and the motion to approve passed unanimously.
On item 6.2 the commission adopted a zoning text amendment to add a new section (6.4) allowing moratoriums and subsection 6.4.0.1 to impose a one‑year moratorium on approvals for new retail sales or retail service establishments that commonly include the sale of tobacco smoking products or paraphernalia. Director of Land Use Mary Kazakowski framed the change as a public‑health response to a perceived proliferation of smoke‑shop style outlets and cited state license counts and recent local enforcement actions. The commission approved the text amendment; the staff presentation and public comments emphasized that the moratorium is temporary and will sunset after one year unless repealed sooner by the commission.
Finally, the commission combined discussion of a zoning text amendment to allow cannabis retail in the B‑1 zone (item 6.3) with a special exception application for a proposed cannabis retail establishment at 428 Main Street (item 6.4). Applicant representatives described a 4,500‑square‑foot retail space with a Mallilly/ Molloy Plaza entrance (no on‑site consumption), a security plan tied to state seed‑to‑sale tracking, and projected local revenues from the state‑mandated 3% municipal share. The public hearing produced hours of testimony both for and against, with downtown merchants and residents split over economic benefits versus concerns about storefront character, parking and safety. After extended commissioner questioning and a series of procedural roll calls, the commission voted to continue the public hearings on 6.3 and 6.4 to April 9 for further information and deliberation.
The commission completed routine business and adjourned.
Votes recorded in the meeting: the subdivision (item 8.1) — approved unanimously; Uncle Bob’s special exception (item 6.1) — approved unanimously; zoning text amendment moratorium (item 6.2) — approved unanimously; cannabis text amendment and special exception (items 6.3 and 6.4) — public hearing continued to April 9.
