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Planning & Zoning Commission

Regular Meeting

Middletown, CT · March 26, 2025

AgendaMinutes

Minutes

Chair Thom Pattavina (’27) Middletown Vice-Chair Vice-Chair Secretary Nicholas SebastianFazzino Giuliano(’21) Thom Pattavina (’23) (’25) Secretary Shanay Fulton (’25) Planning and Zoning Members Members ers Richard Pelletier (’23) Rogers Pylant (’25) Catherine Johnson(’27) (’23) Marcus Fazzino (’21) Elizabeth Emery (’27) Vacant (’21)Spencer (’27) Morgan Monarca Nathaniel Commission Alternates Alternates Kellin Atherton (’23) Tyler Eckstrom (’25) Shanay Fulton (’23) James O’Connell (’21) Alan Cunningham (’27) Emily McEvoy (’26) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES WEDNESDAY, March 26, 2025 Council Chambers, City Hall & Virtual on WebEx 7:00 P.M. The meeting was held both virtually and in -person. Members of the public had access via https://webex.com, the WebEx application, and via telephone. Start: 7:00 PM End: 10:38 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina Commissioner Sebastian Giuliano Commissioner Shanay Fulton Commissioner Rogers Pylant (Remotely) Commissioner Morgan Monarca Commissioner Elizabeth Emery Commissioner Nathaniel Spencer Commissioner Tyler Eckstrom Commissioner Emily McEvoy Commissioner Alan Cunningham Absent: None. Staff: Marek Kozikowski, Director of Land Use Public: Seventeen members of the public in person. Eight members of the public on WebEx. 3. Items removed from the Agenda None. Page 1 of 11 4. Public comment on items on the agenda which are not currently scheduled for a public hearing None. 5. Confirmation that all hearing signs have been properly posted Director Kozikowski stated that all public hearing signs have been properly posted. Motion to move item 8.1 before the public hearings. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. 6. Public Hearings 6.1 Request for a special exception to operate a landscaping and garden center located at 1000 Newfield Street in the NPC zone. Applicant/Agent: Michael Grenier/Uncle Bob’s Garden Center. SE2025-3. Michael Grenier, 33 School Street, Middlefield, explained that Uncle Bob’s has been in business for over thirty years. They are looking to relocate their business from Route 66 in Middlefield to 1000 Newfield Street. Commissioner Spencer asked if the applicant had a chance to review the conditions for approval provided by the Land Use Department and what his thoughts are on those conditions. Mr. Grenier answered one of the conditions is having screening where bulk materials will be. Those materials will be three hundred feet off the roadway. Mr. Grenier isn’t sure if screening will be necessary but he is open to those conditions. . David Winkel, 418 Mile Lane, asked if the bulk material for road repaving will be part of the landscaping of Uncle Bob’s and will there be any problems with run off material. There are wetlands and it’s right next to the Mattabassett basin. Mr. Grenier answered, yes, road repaving materials will be a part of their business. Mr. Grenier believes they will be one hundred and fifty feet from the wetlands and the materials are gravel, mulch and topsoil. David Winkel asked about the asphalt materials that are stored on that site as well. Mr. Grenier answered that he cannot speak to that because that doesn’t belong to him. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Spencer. Passed unanimously: 7-0. Commissioner Giuliano commented that Uncle Bob’s has been a solid business in the area and fully supports this application. Commissioner Pattavina agrees with Commissioner Giuliano. He commented that this business will be a great addition to Middletown. Motion to approve the special exception. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0. Page 2 of 11 6.2 Petition for a zoning text amendment of the Middletown Zoning Code for the addition of general section 6.4 Moratoriums and adding a subsection §6.4.1 Moratorium on approvals for new retail sales or retail services establishments that commonly include the sales of tobacco smoking products or paraphernalia. Applicant/Agent: City of Middletown/Department of Land Use. Z2025-2. Director Kozikowski began the presentation explaining the motivation behind this text amendment. Illegal products are being sold in smoke shops and convenience stores throughout the city. Putting a moratorium on these establishments will give the City time to address these public health issues. Establishments that sell tobacco products are smoke shops, gas stations, convenience stores, and cannabis retail stores. While we do have one legal cannabis retail establishment, we are finding that in the City there’s been arrests and drug busts in smoke shops and retail stores selling illegal cannabis products. Within the last year, there have been thirty-six drug busts of smoke shops and convenience stores state-wide. The text amendment will include examples of products that will be under this moratorium. If this amendment passes, anyone who wants to apply to operate an establishment that proposes to sell tobacco smoking products or paraphernalia will not get approval. In regards to the expiration date of this moratorium, it can happen in two ways, the commission can repeal this amendment or this text amendment will expire automatically on the one-year anniversary of the effective date of its adoption. Director Kozikowski stated that this issue isn’t unique to Middletown. There are other cities that are addressing this issue through moratoriums or text changes like Hartford, New Haven, Milford, Stamford and other cities. Director Kozikowski read Section 1.2 Purpose of the zoning code to the commission. Chris Cambareri, 10 Sachem Drive, Cromwell, Director of Economic Development for the Middlesex Chamber of Commerce, read into the record a letter from the President of the Middlesex Chamber of Commerce that states their strong support for this moratorium. Bobbye Knoll Peterson, 10 Knox Boulevard, Middletown, read into the record a letter from the mayor stating his support for this text amendment. Commissioner Giuliano stated his full support of this amendment. Commissioner Eckstrom commented that he was surprised by the number of establishments selling illegal drugs. Commissioner Eckstrom is in support of this text amendment as a start to addressing the illegal drug sales issue. Jennifer Alexander, 110 Washington Street, asked the commission if they received the letter from the Downtown Business District. The commission did receive the letter from the Downtown Business District. Commissioner Emery asked Director Kozikowski to address the public safety concerns and if Director Kozikowski can share that data with the commission. Director Kozikowski answered that the public safety concerns are illegal products being sold in establishments in which it’s unknown who they’re selling to. Director Kozikowski explained that illegal activity is tough to track so he doesn’t have that data to present. What he did present was the data that he Page 3 of 11 could find. Commissioner McEvoy commented that she hopes that the Planning and Zoning Commission isn’t the only entity addressing these issues. She asked Director Kozikowski if any conversations have occurred with other city departments or other city commissions about these issues and has it been identified that this moratorium is one of the best methods of addressing the issue and is it being done in tandem with anything else right now. Director Kozikowski responded that he had preliminary discussions with officials within the city and he has had conversations with a counterpart from one of the city’s he listed in his presentation. Moratoriums can be effective in stopping any else coming in until you find a solution to the issues. Solving the issues for existing establishments, that will have to be done through city ordinances. Commissioner Cunningham commented that he’s proud that the city is taking the lead on this issue. When cannabis became legal, it didn’t get rid of illegal sales, it just harnessed them in these locations and they’ve been popping up like weeds. What’s fueling these illegal sales can be a number of reasons. It could be the State legalization bill, is it an issue of competition to bring more businesses to Middletown to bring down the price which would bring down illegal sales. However this issue gets addressed, it needs to get addressed. Commissioner Giuliano commented that there is no zoning regulations on where you can sell cigarettes and those establishments became a convenient front to sell illegal drugs. Director Kozikowski read into the record two letters that were submitted. One is from Sandra Russo- Driska, Manager of the Middletown Downtown Business District that stated in part that at the monthly meeting of the Downtown Business District, the commission voted to support the moratorium on tobacco products as presented in the zoning text amendment. The next letter from the Connecticut Lower River Valley Council of Governments, stated in part that they found that no inter-municipal impacts to properties in the adjacent RiverGOG towns will result if the proposed moratorium is adopted as proposed. Commissioner Emery asked if a vape or smoking shop sells to another person, does that carry over to that establishment or if there’s a sale of a vape shop, once this moratorium is in place, are they going to have to close that vape shop or can they continue under different ownership. Director Kozikowski responded that our zoning regulations don’t regulate the sale of tobacco products. There’s a state license for that. If there’s an established store, they will be entirely unimpacted by this moratorium. This amendment will prohibit the Land Use office from approving any new establishment. Commissioner Giuliano clarified Commissioner Emery’s question. During the moratorium, if the established vape shop owner sells their business to someone else, what happens? Is the new owner prohibited? Director Kozikowski responded the location goes with the land, not the owner. If someone comes in to open a new store under a new name in the same location that will be allowed. Motion to close the public hearing. Page 4 of 11 Moved by Commissioner Spencer, seconded by Commissioner Fulton. Passed unanimously: 7-0. Motion to approve the text amendment. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0. Motion to combine items 6.3 and 6.4 on the agenda for public hearings. Moved by Commissioner Spencer, seconded by Commissioner Fulton. Passed: 6-1 (For: Pattavina, Fulton, Pylant, Monarca, Emery, Spencer) (Against: Giuliano) Commissioner Giuliano stated that as long as it’s understood that these items will have to be voted on separately, combining the discussion is ok. Commissioner Giuliano wants to avoid any inference that these two items will be combined for one vote. 6.3 Petition to amend Sections 6.2.2, and 5.6 of the Middletown Zoning Code regarding special exception standards for cannabis retail and cannabis micro-cultivation and allow cannabis retail as a special exception use in the B-1 zone. Applicant/Agent: Jesse Langer/Updike, Kelly & Spellacy, P.C. Z2025-3. Jesse Langer, Updike, Kelly & Spellacy, 179 Main Street, Middletown, speaking on behalf of DFC 428 Main Street, LLC. Mr. Langer explained that this text amendment relied heavily on the city’s proposed text amendment dating back to September 2024. This text amendment aligns with the plan of conservation and development and the regional plan of conservation and development. Allowing a cannabis establishment on Main Street would be limited because there’s a distance requirement. Cannabis retail shops are highly regulated. Any cannabis retail establishment is required to prepare a social equity plan. 6.4 Request for a special exception to operate a cannabis retail establishment fronting Melilli Plaza (7 Melilli Plaza) in a building located at 428 Main Street in the B-1 zone. Applicant/Agent: Jesse Langer/Updike, Kelly & Spellacy, P.C. SE2025-2. Jesse Langer, Updike, Kelly & Spellacy, 179 Main Street, Middletown, continued the presentation starting with the existing building that will be used for the proposed cannabis establishment. Only a portion of the building will be used 4,9598 square feet. Mr. Langer then discussed and responded to the Land Use comments. Dominick DeMartino, owner of 428 Main Street. Mr. DeMartino showed the commission a few of the buildings his company renovated on Main Street. He transitioned into showing the commission the building they will be using for the proposed store along with renderings of the renovated building. On Main Street they’re proposing a restaurant with a roof top patio bar restaurant with four garage doors. Mr. DeMartino mentioned some of the opposition letters that he read that expressed concerns about the lack of parking. He believes that within a year they’ll get a handle on the parking situation. For the dispensary, this dispensary is modern retail. This will bring people to Main Street, Middletown. Mr. DeMartino expects 250-300 people visiting the dispensary a day. As for security, they’ll put cameras everywhere on the building so that people are aware of the security on the premises. Mr. DeMartino visited Venu on Washington Street and notice that they have at the most four cars in their parking lot at a time. He then asked the police department if there have been any disturbances by patrons of Venu at Starbucks or Home Depot. Mr. DeMartino was told there have been no disturbances because of Venu. Gerry Ferrell, 35 South Main Street, Wallingford, President of Quinnipiac Valley Growth Partners which will be the operator of this dispensary. Mr. Ferrell is a former commissioner of the Department of Consumer Protection. There is a finite number of cannabis licenses in Connecticut. All of those licensees answer to the Department of Consumer Protection. Mr. Ferrell went through how the business Page 5 of 11 will operate and what is required by State law to operate a cannabis retail establishment. Business hours will be Monday through Saturday 10am-9pm and Sunday11am-6pm. Connecticut does not allow for onsite consumption. Zachary Casper, 143 Sentinel Hill Road, North Haven, is looking to differentiate this location by making it an upscale establishment. Mr. Casper went through the floor plans of the facility and what patrons will expect when entering and leaving the facility. Chris Cambareri, 10 Sachem Drive, Cromwell, read a letter into the record a letter from the Middlesex Chamber of Commerce which stated its support of the zoning amendment and the special exception applications. The basis for this support is the understanding that there will be no signage or entrance from Main Street for this facility. Jeanette Blackwell, 4 Blue Hill Road, Councilwoman with the City of Middletown, read into the record a letter stating that although she doesn’t have a position on the sale of cannabis, Councilwoman Blackwell is in opposition to the zoning text amendment. The letter also stated that money cannot be the sole driver for these types of decisions. Councilwoman Blackwell expressed concerns about the impact this business will have on parking and traffic and hopes the commission will consider the unintended consequences of this decision. John DeSena, 39 Alsace Terrace, spoke in support of these applications and hopes the commission will vote in support. Matt Lefebvre, Middlesex Music Academy, 440 Main Street, spoke in opposition to these applications. Mr. Lefebvre pointed out that the academy serves four hundred and fifty students each week, mostly children. Most families use the entrance from Melilli Plaza for convenience. The cannabis dispensary is proposed to open directly next to the music academy. The lack of a clear traffic plan and safety plan allows for unnecessary risk. Mr. Lefebvre referred to the moratorium the commission just approved on tobacco and smoking products and believes this should fall under that moratorium. The text amendment that’s presented tonight is identical to the one that was presented to the commission in November that was voted down. The outcome tonight should be no different. Mr. Lefebvre askes the commission to deny this application. Anne McKinney, 438 Main Street, Middletown, stated that this application shouldn’t take Dominick DeMartino into consideration when making a decision. This is about the future of Middletown. Ms. McKinney respects Mr. DeMartino, but she believes this is not the best use for this spot. This is not the proper place for a dispensary. The location of Venu is fine, because it’s zoned for that location. Main Street is the heart of Middletown. We are exacerbating the problem by having this establishment on Main Street. We received $147,000 for mental health and substance abuse for the City of Middletown. They can find another place to open this dispensary in town. Ms. McKinney implored the commission to consider the consequences of this text amendment. Michael Stone, 386 Main Street, owner of a number of properties in Middletown, spoke in support of this application. An empty building is more detrimental on Main Street. Diane Gervais, owner of Amato’s Toy and Hobby, asked the commission not to amend the zoning code. Ms. Gervais fears it may alter the family friendly vibe of downtown Middletown. Ms. Gervais agrees with Ms. McKinney’s comments that this application is not about Dominick DeMartino. It’s about the location and the perception. Ms. Gervais has received numerous compliments from her customers saying how family friendly downtown Middletown has become. Opening a dispensary on Main Street will add a deterrent for families of downtown along with the parking issues, panhandling issues, and homelessness. Jennifer Alexander, 110 Washington Street, commented that when the zoning text amendment came in front of the commission in November and they didn’t know who the developer was, there was no question in anybody’s mind that this isn’t a good fit for Main Street. It was only after Dominick DeMartino came forward as the applicant that people started to reconsider. There are some benefits but will this be damaging to businesses on Main Street. Page 6 of 11 Gene Nocera, 64 Reservoir Road, doesn’t support the location of this facility. It’s just not a good fit. Bobbye Knoll Peterson, 10 Knox Boulevard, disagrees with the comments that were given that Dominick DeMartino should be separated from the zoning amendment application because if the applicant for the special exception is someone we don’t know and what is going to be delivered, that we could have some of the issues that have been spoken about tonight. Everyone knows that this is going to be an incredibly difficult budget year. We cannot turn down an application that has the opportunity to return money to the community. We can use that money to make downtown even more vibrant. As a parent, she would have zero problems with a dispensary on Main Street. Ms. Peterson doesn’t share the concerns that were raised this evening and hopes the commission will approve these applications. It’s not just about the money. It’s about enhancing the community. Christine Marques, Director of Economic and Community Development, 9 Yellow Yellow Circle, agrees with Bobbye Knoll Peterson. This isn’t about money but the additional revenue will benefit Middletown. Director Marques doesn’t think this business will negatively affect other businesses on Main Street. Vinnie Loffredo, Member of the City Council and Chair of the Economic Development Committee, 90 Dora Drive, asked what zones allow cannabis retail in Middletown. Director Kozikowski responded that cannabis retail is allowed as a special exception in the B-2 zone and NPC zone. Mr. Loffredo stated that he is against having a cannabis retail store on Main Street. Mr. Loffredo understood why the commission didn’t approve this in November. They weren’t playing the name- game. It’s clearly defined where you want to locate cannabis facilities. Don’t let money drive your decision. Money comes up all the time. Mr. Loffredo urged the commission to forget the names involved in this text amendment and remember your role in making these changes and what the short and long term issues are. Dominick DeMartino, 428 Main Street, clarified that the dispensary will only occupy 4,000 square feet out of an 11,000 square foot building. They have been tasked with restoring the front of the building. They’re going to have a new glass façade on Main Street. This will be a high end cannabis store. Maryellen Shuckerow, Executive Director of St. Vincent DePaul, stated that thirty years ago an application for a liquor store located across the street from St. Vincent DePaul was brought before the commission. This liquor store has contributed to addictions to people that they serve. The people they serve will not patron the cannabis store. Ms. Shuckerow knows that whatever decision is made will be for the heart of our community. Director Kozikowski read into the record a letter from Mark Levine, President of Malloves. The letter states his support for these applications. The next letter is from Tom Ford, Hajjar Management Company, wrote in support for these applications. A letter by David Glidden, Liberty Bank, was read into the record which stated support of these applications. A letter from RiverCOG stated that they found no significant impacts to the area and surrounding towns if the text amendment is approved. There are three letters of opposition from Lauren Middleton, 199 Markham Street, Middletown, Krista Lastrina, Girls Bridal Salon, and from Caroline Gervais, Marketing Director of Amato’s that Director Kozikowski read into the record.. Commissioner Pattavina asked if they’ll have one line or two when orders are being processed. One for in store and one for online pick up? Zachary Casper answered that there will be six point of sale systems. The online ordering system will be processed through the point of sale systems. They are considering delivery. Mr. Casper continued to inform the commission on the demographics of those who use cannabis. One third of cannabis users make $75,000 a year. The second third make between $40,000 to $75,000 a year. Cannabis is beneficial Page 7 of 11 to those with PTSD. Cannabis customers are the average person that will not take away from downtown. The exterior renovations to the building will make the area more family friendly. Commissioner Fulton commented that the renderings for the exterior renovations of the building are fantastic. The businesses that you do have are more family oriented. Commissioner Fulton understands that money for the City is needed. Commissioner Fulton asked about the front facing portion of the dispensary. Will it look like a regular store from the Main Street side that youth and families may want to enter? Dominick DeMartino answered that when you walk on Main Street, there will always be something interesting behind the glass façade such as art. There will never be any cannabis advertising. The door that is leading out to Main Street is an exit only door. Commissioner Fulton asked Mr. DeMartino to explain the rationale behind choosing this location. Mr. DeMartino answered bringing more people to this business and other businesses. Commissioner Pattavina asked if this gets passed, there’s a fifteen hundred distance requirement which means that there cannot be another cannabis store on Main Street. Jesse Langer responded it’s fifteen hundred feet from the door so that covers the majority of Main Street. Commissioner Giuliano commented that the majority of the comments are asking if this retail store is suitable for downtown. Amending the zoning code is a legislative act. He needs to be convinced that the change is going to improve the zone. This already exists in other communities. How is it working in those communities? Is it working somewhere else? Commissioner Giuliano wants to know if this is a successful business and what is the effect on the surrounding area? Dominick DeMartino responded that they can look into that and report that information. Commissioner Giuliano expressed his concern for security not inside the building but outside the building. He also noticed that the Downtown Business District hasn’t commented on this application and wants to hear from them. Commissioner Giuliano commented that people who shop at dispensaries want to be anonymous. It’s hard to hide that when you’re in downtown. Mr. DeMartino stated that if this gets approved, he’s confident that this business will do well. Commissioner Giuliano stated that he doesn’t believe that they made their case tonight and they want to do what’s right for downtown and he doesn’t want to be rushed into a decision tonight. Jesse Langer pointed out that the application from November included a list of dispensaries throughout the State and a number of those cities allow for dispensaries in their downtown. Commissioner Spencer asked about the verification of ID’s. Gerry Ferrell responded there’s a variety of means to verify ID’s. There’s no fool proof way but there are resources out there that can guide people. Zachary Casper added that there’s the Black Box that bars and even Venu use to scan ID’s. It’s a fool proof system. Commissioner Cunningham commented that at the last meeting when this text amendment was voted on, he was seated as a voting member. He went with the majority and voted against it then. He agrees with Commissioner Giuliano that we shouldn’t make legislative changes like this but this is different. Like the Chief of Staff said, we shouldn’t separate Dominick from this proposal. Commissioner Cunningham explained that he voted against it last time because he was uncomfortable opening the floodgates to just anybody coming in. This is somebody we know. The reason why we have problems Page 8 of 11 with theses smoke shops is because these stores are so high end that the average person can’t afford to go there. He thinks they can vote on this application tonight but if this gets continued he would like to see renderings of what the Main Street side of the building will look like. He believes that they have enough here to support it and he trusts the applicant when he said that this won’t disrupt any foot traffic on Main Street. Commissioner Cunningham feels differently now than how he voted the last time and he hopes this gets pushed through tonight. Commissioner Emery commented that it’s been mentioned a number of times about the loitering, the use and whether it’s good for economic development. With the six towns that have cannabis businesses in their downtowns, she would like to know from the Police Departments first if there have been any arrests due to loitering and if they have any reports from their economic development commissions as to whether it has hurt their downtown businesses or helped their downtown businesses. If we do continue this meeting, Commissioner Emery would like more clarity on the front door and back door. Commissioner Emery stated that she did vote against it the last time but both sides make really good points and she had a hard time with that vote. Commissioner Emery is not opposed to continuing the public hearing. Commissioner Emery then commented that when we talk about how family friendly downtown Middletown is, but then we also heard about the loitering and the panhandling and there’s a liquor store and vape store. Commissioner Emery is having a hard time understanding how it’s really gonna hurt the feel of downtown despite the liquor store and vape store. And a business that’s going to be pretty low key how is it gonna hurt the economic development and the businesses. Lastly, Commissioner Emery asked does cannabis retail and micro cultivation need to go together? Jesse Langer responded no. Commissioner Emery asked why are we combining these two. Director Kozikowski responded there is no need to address both of them at the same time. The applicant chose to follow what was written last time. Mr. Langer added that they’re only focused on the retail. Commissioner McEvoy asked if entering and exiting will be the same door. Zachary Casper answered that there’s one door from Melilli Plaza. Inside there will be one door to enter the sales floor and a separate door for exiting the sales floor. Commissioner McEvoy asked is there a greeter that scans ID’s right when you walk in or do you have to walk up to that security area. Mr. Casper responded at the security area. Commissioner Cunningham commented that the applicant already addressed the questions about other communities. He believes they have enough to vote on it tonight. Commissioner Spencer wants to go on record to discuss the vote back in November. He also voted against the text amendment at that time. Since that time, Commissioner Spencer has reflected on that vote and has come to regret that vote. Commissioner Spencer stated that he doesn’t know Dominick but has heard a lot about him. He feels this establishment will bring a lot of benefits to this community. Commissioner Spencer thinks it’s hypocritical that they allow liquor stores in the B-1 zone and we would have no problem with that but we would be concerned about how this facility will change the character of the city. Commissioner Spencer is ready to vote on this tonight. Motion to continue the public hearing for items 6.3 and 6.4 to the April 9th meeting. Moved by Commissioner Giuliano, seconded by Commissioner Monarca. Motion Failed: 4-3 For (Pattavina, Giuliano, Fulton, Monarca) Against (Pylant, Emery, Spencer) Motion to Close the Public Hearings Moved by Commissioner Pylant, seconded by Commissioner Fulton. Page 9 of 11 Motion Failed: 4-3 For (Fulton, Emery, Spencer, Monarca) Against (Pattavina, Giuliano, Pylant) Motion to reconsider to continue the public hearing. Moved by Commissioner Emery, seconded by Commissioner Spencer. Passed: 6-1 For (Pattavina, Giuliano, Fulton, Monarca, Emery, Spencer) Against (Pylant) 7. Old Business None. 8. New Business 8.1. Request for a subdivision creating two lots from a 1.42 ac property located at Higby Road (Map-Lot: 08-0042) in the R-15 zone. Applicant/Agent: CARMA, LLC. S2025-2. John Martucci, 11 Haley Lane in Colchester, explained this is a two-lot subdivision. The two new lots will meet the zoning regulations. The plans have been approved by the sewer commission since it’s outside the sewer district. Tod Clark, Clark Land Surveying, 126 Tunxis Road, Bristol, added that there are no wetlands on the property, nor is it a flood plain. The sewer is being extended from Sisk Street. They are not able to extend the sewer line to Higby Road since it’s pitched the wrong way. Commissioner Giuliano asked the applicant if they will need an easement over a privately owned property. Mr. Clark responded, yes. The Developer has an easement with the property owner, Irene Spinnler, who owns two lots on Sisk Street. Commissioner Giuliano asked if what’s going through the easement will be owned and maintained by the property owner or the City. Mr. Clark responded, the property owner. Motion to approve the subdivision. Moved by Commissioner Emery, seconded by Commissioner Spencer. Passed unanimously: 7-0. 9. Public comment on topics which are not or have not been subject of a public hearing None. 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the March 12, 2025 regular meeting. Moved by Commissioner Spencer, seconded by Commissioner Emery Passed unanimously: 7-0. 10.2. RiverCOG Report Commissioner Emery reported that they met on Monday and the discussion revolved mainly around what’s happening at the State Capitol. Page 10 of 11 10.3. Staff Report None. 10.4. Commission Affairs None. 11. Adjournment Motion to adjourn. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 11 of 11

Agenda

Chair Thom Pattavina (’27) Middletown Vice-Chair Vice-Chair Secretary Nicholas SebastianFazzino Giuliano(’21) Thom Pattavina (’23) (’25) Secretary Shanay Fulton (’25) Planning and Zoning Members Members ers Richard Pelletier (’23) Rogers Pylant (’25) Catherine Johnson(’27) (’23) Marcus Fazzino (’21) Elizabeth Emery (’27) Vacant (’21) Spencer (’27) Morgan Monarca Nathaniel Commission Alternates Alternates Kellin Atherton (’23) Tyler Eckstrom (’25) Shanay Fulton (’23) James O’Connell (’21) Alan Cunningham (’27) Emily McEvoy (’27) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING AGENDA WEDNESDAY, March 26, 2025 Council Chambers, City Hall & Virtual on WebEx 7:00 P.M. Members of the public may view/ listen to the meeting as follows: 1. Going to https://webex.com and joining the meeting using the meeting number and password located below. 2. Launching the WebEx application and joining the meeting using the meeting number and password located below. 3. Via telephone at 1-408-418-9388 and the appropriate access code. Meeting Number/Access Code: 2346 997 6378 Event Password: Middletown Alternatively, members of the public can attend the meeting at the following link: https://middletownct.webex.com/middletownct/j.php?MTID=m15121a6712a3c6fe55154f7d8e331365 1. Pledge of Allegiance 2. Roll Call 3. Items removed from the Agenda 4. Public comment on items on the agenda which are not currently scheduled for a public hearing 5. Confirmation that all hearing signs have been properly posted 6. Public Hearing 6.1. Request for a special exception to operate a landscaping and garden center located at 1000 Newfield Street in the NPC zone. Applicant/Agent: Michael Grenier/Uncle Bob’s Garden Center. SE2025-3 6.2. Petition for a zoning text amendment of the Middletown Zoning Code for the addition of general section 6.4 Moratoriums and adding a subsection §6.4.1 Moratorium on approvals for new retail sales or retail services establishments that commonly include the sales of tobacco smoking products or paraphernalia. Applicant/Agent: City of Middletown/Department of Land Use. Z2025-2 6.3. Petition to amend Sections 6.2.2, and 5.6 of the Middletown Zoning Code regarding special exception standards for cannabis retail and cannabis micro-cultivation and allow cannabis retail as a special exception use in the B-1 zone. Applicant/Agent: Jesse Langer/Updike, Kelly & Spellacy, P.C. Z2025-3 6.4. Request for a special exception to operate a cannabis retail establishment fronting Melilli If you require special accommodations for any meeting, please call the ADA Coordinator at (860) 638-4540, (voice) or (860) 638-4812 (TDD/TTY), or the Town Clerk’s Office at (860) 638-4910 at least ten (10) days prior to the scheduled meeting. Page 1 of 2 Plaza (7 Melilli Plaza) in a building located at 428 Main Street in the B-1 zone. Applicant/Agent: Jesse Langer/Updike, Kelly & Spellacy, P.C. SE2025-2 7. Old Business 8. New Business 8.1. Request for a subdivision creating two lots from a 1.42 ac property located at Higby Road (Map-Lot: 08-0042) in the R-15 zone. Applicant/Agent: CARMA, LLC. S2025-2 9. Public comment on topics which are not or have not been subject of a public hearing 10. Minutes, Staff Reports, and Commission Affairs 10.1. Minutes of the March 12, 2025 regular meeting. 10.2. RiverCOG Report 10.3. Staff Report 10.4. Commission Affairs 11. Adjournment Alternates: 1) Alan Cunningham; 2) Emily McEvoy; 3) Tyler Eckstrom Page 2 of 2

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