beagenda

MINUTES

&nb= sp;

WATERTOWN ZONING BOARD OF APPEALS<= o:p>

PUBLIC HEARING

&nb= sp;

WEDNESDA= Y, FEBRUARY 22, 2006 - 7:30 P.M.

WATERTOW= N HIGH SCHOOL TECHNOLOGY ROOM

&nb= sp;

APPLICATION #817 – DISTASI CATERING, LLC

d/b/a/ Grand Oak Villa<= /span>

&nb= sp;

&nb= sp;

PRESENT:             =             &nb= sp;            =    Mary Bisson, Secretary

            =             &nb= sp;            =             &nb= sp;          John Griffith, Acting Secretary

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                   Roger Mitchell, Acting Chairman

      = ;            &n= bsp;            = ;            &n= bsp;            = ;    Enrico Sarandrea, Chai= rman

ABSENT:            =             &nb= sp;            =       Phil Roger, Vice Chairman

ALTERNATES PRESENT:            = Gary Swingle

ALTERNATES ABSENT:            &= nbsp;   Chris Lafferty

OTHERS PRESENT:   &n= bsp;            = ;        Moosa Rafey, Assistant Zoning Enforcement Officer

&nb= sp;

1.         = Call Meeting To Order

            Mr. Sarandrea, Chairman, Called the Public Hearing to Order at 8:06 p.m.

2.     &nb= sp;   Roll Call

            Ms. Bisson, Secretary, executed the Roll Call.

            Mr. Sarandrea, Chairman, asked Mr. Swingle to sit in for Mr. Roger, in his abse= nce.

Ms. Bisson, Secretary,= read aloud the Legal Notice for the Record:

“Legal Notice

The Zoning Board of Ap= peals of the Town of Watertown will hold a Public Hearing at 7:30 p.m. on Wednesd= ay, February 22, 2006 at the Watertown High School Technology Room, 324 French Street, Watertown, CT to hear and act upon the following applications:=

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 2

&nb= sp;

Application #817 of Di= stasi Catering, LLC, d/b/a Grand Oak Villa for appeal of decision of Zoning Enforcement Officer of the Town of Watertown concerning refusal of the Zoni= ng Enforcement Officer to sign the State of Connecticut Application for Liquor Permit for Grand Oak Villa located at 550 Sylvan Lake Road, Oakville, CT.

At this Hearing intere= sted persons and written communications will be heard. A copy of the application is on fi= le in the Planning and Zoning Office, 51 Depot Street, Suite 502, Watertown, Connecticut.

Dated at Watertown, Co= nnecticut, this 11th day of February, 2006.

Dated at Watertown, Connecticut, this 16th day of February, 2006.

Mary Bisson, Secretary=

Zoning Board of Appeals”

3.         Hearing of Cases=

        &= nbsp;   E.         = Application #817 of Distasi Catering, LLC, d/b/a Grand Oak Villa for appeal of decision= of the Zoning Enforcement officer concerning refusal of the Z.E.O. to sing the State of Connecticut Application for Liquor Permit for Grand Oak Villa at 5= 50 Sylvan Lake Road, Oakville, CT.

&nb= sp;

        &= nbsp;   Recess or Adjourn, the Public Hearing, must be Closed by March 29, 2006 unless applicant grants a time extension.

&nb= sp;

Richard Bruno, Attorney Representing Distasi Catering, LLC

Atty. Bruno: This is simply an appeal of the refusal of the Z= EO to sign a liquor control application. We’re not asking for anything, we’re not asking for an opinion, all we’re asking for is a signature that a liquor control application does not violate any regulations in the Town of Watertown. I’ve looked at the current regulations there is nothing prohibiting a restaurant caterer license. In January you passes a banquet regulation and in there on Page 6.7.2 you say = they can have a restaurant catering license, so all we’re asking for is a signature, no approval, no denial, just that the Liquor Control has the authority to review the application. At this point there is nothing to be decided, whether or not they can have the permit is up to the Liquor control. They’re not asking the Town = for any opinion, we’re just asking for a signature.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 3

&nb= sp;

Mr. Sarandrea: Any questions?&= nbsp; (Tape #1, Side A ended – may have missed some.)

Ms. Barton: What I stated in my letter when I refused to sig= n it was that the Planning and Zoning Commission did over a period of time have a subcommittee and adopt banquet hall regulations, but they did not put an effective date on it. When Mr= s. Distasi came in and talked to me, we sat and reviewed thee banquet hall regulations that the Planning and zoning Commission did, and as in my lette= r, I explained to her, Mrs. Distasi felt that the caterer of Grand Oak Villa, wh= ich is Distasi Catering doing business as Grand Oak Villa could not would not w= ant to apply under these regulations, and these regulations, specifically one of the comments, we spent a good time talking about it, was that the caterer f= or the banquet hall could have no more than 2 events in any 24 hour period and= we discussed how to revise the regulation and that wasn’t a choice she wanted to take, and so that’s why I issued the permit.

The denial was based u= pon how special permit 80 was issued. Special Permit 80 was issued to the Club as a membership club for the banquet hall by the Watertown Planning and Zoning Commission. I cannot sign the requested applic= ation for a liquor permit. What it = goes is beyond what was originally approved which was a membership club, not a commercial venture. And again= , it was very clear, the Planning and Zoning Commission spent a lot of time look= ing at these regs, and Distasi Catering LLC d/b/a Grand Oak villa did not want = to sign, did not want to apply and it required them to go to special permit the site plan application to the Commission, but w did talk about it, that̵= 7;s why we’re here again.

Just to refresh your m= emory a little bit, in 1975 the club purchased the property located on Sylvan Lake Road in Oakville. Shortly thereafter they constructed a 5,000 square foot clubhouse pavilion and stor= age shed. In 1976 the Cub obtained a club li= quor permit allowing the sale of alcoholic beverages to club members and their guests were required to sign the guest register. In 1990 the Club applied for a spe= cial permit to construct a 9,600 square foot banquet hall and clubhouse. The statement of use which I’= ;ll provide you with copies, and I apologize for not being able to get them for today, which accompanied the application referred to a non-profit club with= a growing membership that desired larger facilities and specifically proposed= a large hall for functions such as weddings, parties, social activities, and = club meeting rooms for its members.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 4

&nb= sp;

On August 7, 1990 the Planning and Zoning commission approved the special permit #80 under section 2325 of the zoning Regulations which allowed am membership club would not conduct business for profit in an R-20 Residential Zone. The zone was later changed to an R= -30 in section 2325 has been superceded by section 235. And also in that case there was an opportunity and I’ll provide you with the minutes, there was quite a = bit of discussion among the Planning and Zoning Commission members, because at = that time the zoning regulations for an R-30 provided (inaudible) for for proper= ty use and there was quite a discussion among the number of the members why don’t you change your statement of use to include this so you could b= e a for profit. I don’t kno= w if some of the members there used to be a for profit swim club in Town out on French Mountain Road, the white Birch Swim Club, and was one of the for pro= fit uses in a residential zone. A= nother example of a for profit was Crestbrook Park before when it was owned as a c= ountry club and for profit use, so at that time when you read the minutes, I’= ;ll provide them to you, as you know it’s a voluminous record, the club decided not to pursue that under the for profit use.

Then in 1994 the Zoning Enforcement officer at that time, Mr. Stanley Masayda, signed an applicatio= n to facilitate the transfer of the club liquor permit from the old clubhouse to= the new clubhouse. At that time t= he Z.E.O. was also asked by the club to sign an application for anew liquor permit. On July 6, 1994 the Commission voted to direct the Z.E.O. not to sign the application because t= he use was inconsistent with the special permit that was issued which was for a membership club, mot a commercial venture, not a for profit membership club= . The minutes of July 6, 1994 reflec= t a considerable amount of concern among Commission members that the Club’= ;s operations had become a commercial venture in a residential zone which was beyond the scope of the use applied for and authorized in the 1990 special permit.

In 1996 the caterer at= the Club sought the ZEO’s execution of an application for a restaurant pe= rmit for a catering establishment, Mary Greene, which now I’m Barton, myse= lf refused to sign the application and referred the issue to the Commission. The Commission denied the request = for an additional permit. Here again= the Planning and Zoning Commission was concerned about a commercial operation at the Club in light of the Club’s submission of an agreement with the caterer which permitted the Club use of banquet facility for only 3 days per year, the advertising to the public (inaudible) offerings.

The Club appealed my decision to not sign the liquor permit to the Z.B.A. claiming that the liqu= or permit being sought as a requirement for the State of Connecticut in order = to regulate the dispensing of alcoholic beverages. The Z.B.A. at that time denied the Club’s appeal and upheld my decision.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 5

&nb= sp;

The liquor permit application for catering establishment as proposed again by Distasi Caterin= g is a commercial venture and under how this was approved, the Club, the Grand O= ak Villa, it was approved as a not for profit membership club, so the Club has every right to operate a banquet facility pursuant to not for profit member= ship club, but in reviewing, no membership club is authorized to have a restaura= nt permit for a catering establishment who allows it to be a commercial ventur= e in a residential zone. So the Cl= ub currently has an application to sell liquor under the club permit but they cannot hold a club permit and a restaurant permit for a catering establishm= ent at the same time. I will provide you with all this information; this is jus= t a brief overview and I apologize for not having copies, but it hasn’t changed since the last time that I was here, and I’ll provide you with the record. As you know you’ve had it a couple of times (inaudible) minutes, but my decision = not to sign the liquor permit is based upon how it was approved, it was approve= d as a not for profit membership club, not as a commercial venture in a resident= ial zone. And the Planning and Zo= ning Commission, as I said, this started all back again, I think it was in the F= all, and then the Planning and Zoning Commission reviewed it, had the subcommitt= ee look at adopting these banquet hall regulations and they were adopted, effective date wasn’t set, but the Grand Oak, not necessarily the caterers, but the members of the Club were aware and actually attended some= of these subcommittee meetings were aware of what the Commission was doing, and actually had some input, so I don’t know if the caterer wasn’t aware of it or not, but right now the regulations are there, the effective = date is not set, the caterer does not want to apply under those regulations, whi= ch you received in the packet, so based upon that, and I didn’t sign a letter of refusal prior when we had the request in the Fall because the Commission was working on this banquet hall regulation. I don’t know what else to sa= y, so my decision stands, I can’t sign it because it’s a violation of= how the original permit was issued to the club. If you have any other questions . = . . and I’ll provide you with copies of everything.

Mr. Swingle: You’re talking about signing a liquor perm= it.

Ms. Barton: Correct, I don’t have the liquor permit application with me right now unfortunately, we had a power surge so I wasn’t able to run it off, making copies.

Mr. Swingle: Do you have a copy of the liquor permit (inaudib= le)?

Atty. Bruno: In the car.

Ms. Bisson: Mary, it’s my understanding that these ban= quet hall things have not been voted in or approved completely; they’re ju= st proposed?

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 6

&nb= sp;

Ms. Barton: No what occurred is that I don’t’ kn= ow if Atty. Pilicy can answer, he had written up an opinion (inaudible). Regulations were adopted (inaudibl= e).

Mr. Sarandrea: Is there anyone in the public who wishes to speak For or Against this Application?

Susan Vaichus, 483 Sunnyside Avenue, Oakville, CT 06779

Ms. Vaichus: We are just above Grand Oak Villa. It’s been established and fr= eely stated even by the Planning and Zoning Commission at previous meetings, that the Cercemaggiore Club should never have been allowed to expand past what it was originally established at, as a club for its members. It has been agreed also that it wa= s a mistake to allow it to grow to its present size as a commercial venture. At many meetings neighbors have pl= eaded for restrictions on this Club, citing conditions that jeopardize the safety= and quality of life of the residents in the area of the Grand Oak Villa. And we feel it is clearly irrespon= sible to operate a business in a residential area. This is just an accident waiting to happen. Neighbors fear for the safety of their children. Roa= d sin that area are narrow there are no sidewalks, they’re totally inadequa= te for a business to be established in that area. There’s a park, and Sylvan L= ake at the end of the road, where there are lots of children, especially in the Summer, there’s lots of kids, on bikes, walking in that area, and that presents an additional danger to that community. Neighbors have complained about speeding, cars on the adjacent roads, drunken drivers driving into their la= wns, customers of the Club drunk, brawling, fighting on resident’s lawns, damage being done to resident’s property as a result, and this is all= in the record, this is from residents coming to these meetings and explaining what’s been happening, what their fears and concerns are, so it’= ;s all in the Minutes of previous meetings.&n= bsp; These are not just isolated incidents, these are continued occurrenc= es and in light of the situation it would be a grave error to allow the Grand = Oak Villa to have a liquor license. This Board’s first responsibility is to the safety and well be= ing of the Town’s residents. Are we waiting for the neighbors or the children to be killed or maimed by drun= ken driving in that area, or some of the things that have resulted from the Club’s customers? To be= run down. The responsibility for = the safety of these children and residents weighs heavily on this Commission. It is a burdensome responsibility = having grave consequences and I submit that the Grand Oak Villa should not be allo= wed a liquor license under any conditions.&nbs= p; Thank you.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 7

&nb= sp;

Beau Wasiutynski, 514 Sylvan Lake Road, Oakville, CT 0-6779

Mr. Wasiutynski: I’m a direct neighbor of the club. I am beginning to get very confused about why zoning regulations exist at all, if they can be waived like that. I acquired a house, tha= t she inherited from my in-laws, in a residential zone, only in a residential zone. That end of, is where families live. And now all of= a sudden, out of the blue, there’s going to be a 500 table or whatever facility with a liquor license. There’s just no reason for it. It is very rare if ever that a liq= uor license is permitted in a residential zone and make no mistake about it, (inaudible) residential zone. I didn’t move. I moved in= to a residential zone, I still think of myself as living in a residential zone. = You can’t play games with the lives of the citizens of this town, by switching things, by saying residential zone is only a residential zone unt= il somebody with enough money an= d a high priced lawyer comes along and makes it something else. That’s not right; that’= ;s not fair. If it comes to that I m= ay have to go to a lawyer and I can’t afford a law3er, but this whole process stinks to high Heaven and I’m begging you not to make it wors= e by overriding Planning and Zoning and granting this liquor license. It just isn’t right. Thank you.

Tom Vaichus, 483 Sunnyside Avenue, Oakville, CT 06779

Mr. Vaichus: As Mary stated, the special permit for the Club = was for a Club. Very simple; I don’t think you really have a whole lot to discuss because it says not for profit. Now your applican= t, if you read your application, it’s Distasi Catering, LLC d/b/a which mea= ns doing business as Grand Oak Villa. Doing business in a residential area is wrong, #1. Allowing them to have a liquor lic= ense would be not only wrong, but irresponsible. This is a residential zone; this i= s not a business zone. If they woul= d like to do business, find an area in Town to do business, not in a residential area. The permit that allowed= them to operate as a club is already being violated and has been violated by the fact that the activities that happened in that Club operate past sleeping h= ours and in the Summer time keep us up. It’s pretty say, actually , when y= ou live in a residential area and you hear somebody on a loudspeaker say “f-ing this and f-ing that” and they’re having a grand old time and I’m raising my children in this area, and I pleaded with the town to stop them. I called t= he Police, they went down there and said we can ask them to tune it down, and = they turned it down, and then the Police left and they turned it right back u, a= nd I called again. Every time I ca= lled the Police would tell me, there is very little that w4e can do. And this was when it was a Club, so under the special permit which should never have been granted, under that special permit, they still violated the permit and they still operated as a commercial facility in a residential zone, basically disrupting a quiet lifestyle that we had hoped for living in Oakville.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 8

&nb= sp;

I’m sorry, and I’m sorry that I’m emotional about this, but a lot of what has happened over the past 6 months is this banquet hall overlay zone, basically what they want to do is add an overlay to the residential area to make it a commercial area, cause they want to give them the clause to do business for profit, and they want to give them a liquor license. There is no one else in that area = that needs this. There’s no = area in the Town of Watertown that needs a banquet hall overlay zone. This was written for them, which doesn’t make any sense at all, that’s also illegal, it’s = like spot zoning, it’s one piece of property in the entire Watertown area that’s been given a special overlay zone and I’m telling you ri= ght now, as Susan said before, it’s only a matter of time before somebody leaves that facility intoxicated and hits a resident. And you know what? I want to know who votes for this.= I want to know who puts their name= on this vote and says it’s okay, because it’s not okay, it’s irresponsible. Thank you.

Elizabeth Wasiutynski, 514 Sylvan Lake Road, Oakville, CT 0-6779

Ms. Wasiutynski: I received picked up rather a copy of the public hearing agenda and I’d like to bring the attention of all of you memb= ers of the Zoning Board of Appeals to page 3 of your packet, if you please. Page 1 of the legal notice which w= as read to us and which we read along with Madam Secretary states the cause wh= ich brings a person before you and then it cites a section of the Watertown Zon= ing Regulations and the requirements which are written in those zoning regulations. And that continu= es on the following page, where the legal notice ends with Mary Bisson, Secretary, and then I take you to the next page after that, where there is a legal not= ice before you for Application #817, and that particular legal notice, low and behold, does not cite from any zoning regulations which are in this Town of Watertown. Peculiar isn’= ;t it? That you have a basis of = zoning regulations given to you in terms of your decision which will take place fo= r 35 days after your public hearing, but in the case of this legal notice, there= is no citation from the regulations which is designed to help you in your decision. So being a very hel= pful individual as you can see from my being here tonight, and certainly wanting= to help Atty. Bruno in his work, I would like to read to you that particular 23 words which should have been cited as guidance to you, the Zoning Board of Appeals. And that particular section is Section 23, it’s Residence R-30 District, and the 23 words read as follows and it pertains to special permits: “Special Permits will be giv= en for following uses when not conducted as a business or for profit: membership clubs, lodges, community houses and nature preserves and wildlife sanctuaries.” That’s all, that’s your guidance, because that’s the only regulation that pertains to this pa= rticular situation.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 9

&nb= sp;

The Zoning Enforcement Officer refused to sign the particular liquor permit which you’re goi= ng to have in front of you in a moment when Atty. Bruno gives it to you, and s= he signed it because she had to, the regulations says, but ah, you can’t= run a business sin a residential zone. You can have a membership club it says, you can have a wildlife sanc= tuary, but you can’t have the wildlife operating as a business in a resident= ial zone. I would submit to you l= adies and gentlemen of the Zoning Board of Appeals that if you take the time to r= ead the enormous quantity that has already been taken under advisement by the Planning and Zoning Commission on the issue of the business that we have running next door to our house, an d next door to the Vaichus’ house = and next door to the Behran’s house, and next door to the Genova house and next door to the Zdanovich’s property, etc., what you will find dug d= eep, deep deep in the pile of papers, certainly the previous Zoning Enforcement’s Officer’s decision where she was found saying no = to a liquor license, you’re going to find also a very ably written finding, recommendation, a study based on the permission of having the liquor licens= e in a residential zone that was done by Atty. Pilicy about 20 years ago, you wi= ll find that there are studies made by other attorneys over time, you will find that there were suits brought by the Club against the Town of Watertown whi= ch have caused it a lot of money, an d each time the decision is gee, 23 words= in the zoning regulations say you can’t have a business in a residential zone in an R-30 residence area. There’s no getting away from it. And then you hear about the floati= ng zone or the layover zone or the spot zoning if you will. That hasn’t become effective= , and it won’t become effective in the next 35 days where you have this before you for decision,= so they only thing that you can make a judgment on are the words in the current Planning & Zoning regulations which I fact make it necessary for the Zo= ning Enforcement Officer to say sorry folks, black and white, that’s the w= ay it has to be, no business run in a residential zone, R-30. thank you. Can I answer any questions? I have lots of answers.=

Mr. Rafey: = I just want to make a comment regar= ding the legal notice, because I published this legal notice, the difference bet= ween this legal notice from the others is because this is not for a variance, th= ey are not asking for a variance from a particular section of the regulations. That’s why= it didn’t mention any section. Mrs. Barton didn’t sign the application for a liquor permit and they’re appealing that decision, it’s not a particular section = of the regulations, that’s the difference between this one and the other ones.

Ms. Wasiutynski: I appreciate the bureaucratic distinction, howev= er, for us it is like indeed and the distinction that you speak about I accept, however I stand by my position.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 10<= o:p>

&nb= sp;

Ms. Bisson: This has been before us before and we remember t= hose regulations that you talked about.

Ms. Wasiutynski: Thank you very much, ma’am.

Lisa Taccardi, 35 Beer Street, Watertown, CT 06795

Ms. Taccardi: I’m actually here this evening on behalf of the Chamber of Commerce. I= 217;m the residing Chairperson for the Watertown/Oakville Chamber, and I’ll make my comments brief as I think we’ve kind of gotten off track as to what the purpose of this meeting was for this evening. My understanding in coming here th= is evening was to present the request for an application to be either denied o= r accepted for a liquor permit, but seeing that we have kind of gotten off track, I’d just like to add my two cents if I may. Quickly, as the Chairperson for the Chamber over the past 2 years, I’ve had a lot of opportunities to work with the Economic Development Committee, with the Town Manager, with the To= wn Council, and with Planning and Zoning and from my perspective, I think that this Town is really in dire need of retaining good businesses, and certainly the Grand Oak Villa has been a good business to our community. I am vaguely familiar, only the la= st 8 months, with some of the details of how all this has been transpiring over = the last several years. I know th= at there have been thousands of dollars and lots of attorneys and litigation involve= d, both from the Town’s perspective and the Grand Oak Villa, or the Cercemaggiore Club and as a business representative I really am here to ask that we please resolve this issue one way or another, once and for all, expeditiously with no disrespect intended but this saga can just come to an end. I certainly feel sorry f= or the people who have grave concerns about their children being hurt or maimed or killed who live next to this Club, but I just can’t help but think of facilities like the Aqua Turf in Southington, where I attend things there o= n a regular basis, that’s smack dab right in the middle of a residential = zone (Tape #1, Side B ended, may have missed some). Again I’m getting a little o= ff track because of the way the conversation has taken a turn (inaudible) to expeditiously (inaudible) anybody in this room that hasn’t attended s= ome kind of function up there. I = know myself, I’ve been there, I don’t know, I don’t want to say hundreds of times, but many, many, many times and they really bring a lot to the business community and that’s why I’m here to say that I wo= uld appreciate a quick resolution on this matter once and for all. Thank you.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 11<= o:p>

&nb= sp;

Atty. Bruno: I can understand the concern of the members of the public, but we’re not here on those issues tonight. We’re here on what regulation prevents the liquor control commission from hearing an application for a restaurant/caterer. There is = no section in the regulations that prohibits it and that’s all we’= re asking for. I do have a copy = of the application that was submitted to Ms. Barton, and I’d like to make th= at part of the record, and I’ll read certificate of zoning authority. This is to certify that the buildi= ng in item one of this section is l= ocated in the Town or city there stated, that I am acquainted with the zoning ordinances, and by-laws of said town or city, and that at this location, sa= id town or city does not prohibit the sale of alcoholic liquor under the type = of permit here applied for. And that’s all this is about, is the restaurant catering license, there’s nothing that prohibits it.&n= bsp; If you have something, and you can show it to us, then we’ll w= alk out of here, but I can’t find it. I’ve looked and under the new regulations that you’ve proposed, you specifically authorize it, and I’d like to make this part of the record, if I may. I’d also like to make sure t= hat the letter requiring the signature of Ms. Barton is part of the record. I submitted it as part of the application, and I’d just like to make sure it’s part of the record.

Mr. Rafey: = That is a part of the record and the members of this Board have received a copy of it.

Mr. Swingle: This Grand Oak Villa (inaudible), and they’= ;re (inaudible)?

Atty. Bruno: Nothing that I’m aware of. Ms. Barton . . . . And s that̵= 7;s a different issue than what we’re here for tonight.

Beau Wasiutynski, 514 Sylvan Lake Road, Oakville, CT 0-6779

Mr. Wasiutynski: I would like to ask a question through the Chair= , if I may. Is it the position of = the Watertown Oakville Chamber of Commerce that business should be allowed to be conducted in residential zones? Is that a new position that I’ve never been familiar with before? Is it an official position of the Watertown/Oakville Chamber of Commerce?&nb= sp; Thank you.

Lisa Taccardi, 35 Beer Street, Watertown, CT 06795

Ms. Taccardi: As the Chairperson for the Chamber, our position= is to advocate for our business members and for businesses in the community, a= nd as far as advocating for businesses in a residential area, if that is somet= hing that is granted through Planning and Zoning, special provisions are made, we feel very strongly that we have every right to support the decision that the Town has made.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 12<= o:p>

&nb= sp;

Tom Vaichus, 483 Sunnyside Avenue, Oakville, CT 06779

Mr. Vaichus: This is also a question for the Chamber. . . . d= oes the Chamber advocate promoting businesses that are operating in a residenti= al area that are conducting illegal activity?

Lisa Taccardi, 35 Beer Street, Watertown, CT 06795

Ms. Taccardi: I’m not going to answer that.

Tom Vaichus, 483 Sunnyside Avenue, Oakville, CT 06779

Mr. Vaichus: It’s okay, I just want to know if you̵= 7;re going to continue to promote even if you know that things are going on that= are illegal?

Lisa Taccardi, 35 Beer Street, Watertown, CT 06795

Ms. Taccardi: This is the last time that I feel comfortable addressing the crowd on this, I don’t’ think this is the Chamber’s place t be at the podium this much time, but I will say tha= t I am not the deciding factor whether this is legal or illegal, they should get special zones, they shouldn’t get special zones, honest and true, I’m just here to advocate for my businesses in this community, and whatever the Town decides is appropriate for businesses and where they can operate and the type of businesses we bring to Tow, that is a position that= I need to take as a Chamber representative.&= nbsp; Does that answer your question, sir?

Tom Vaichus, 483 Sunnyside Avenue, Oakville, CT 06779

Mr. Vaichus: No. My question was, If you knew it was illegal . . . .

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'> If you want to talk, you have to c= ome up and speak through the Chair.

Lisa Taccardi, 35 Beer Street, Watertown, CT 06795

Ms. Taccardi: Yea, I would be happy to continue this conversat= ion with you privately, but I don’t think this is the proper forum for th= is.

Mr. Rafey: Mr. Chairman, do you want to clear= that this Board is not here to decide to keep this facility open or close it, that’s existing.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 13<= o:p>

&nb= sp;

Mr. Sarandrea:<= /b> what we are here for tonight is to= say whether this liquor permit should b signed or not signed. It’s just about the liquor p= ermit. It has nothing to do with if the c= lub should operate as a club, as a banquet hall, as an LLC, or whatever. That’s been done and taken c= are of, I think. All we are here tonight for is to recommend whether Mary should or should not sign this application and that’s what this meeting is all about.

Ms. Barton: There is a lot of information, I= 217;d like an opportunity to provide all of the inflation, the minutes, I know so= me of you have read it 2 or 3 times, I’m sorry, I’ve killed a lot = of trees, we will provide it with a summary, all of the Minutes, you can revie= w it and I’m not sure, Atty. Pilicy is here if you’d like anything f= rom him, cause this is a very complicated matter. It’s your choice if you want= him to provide you with anything, but I’ll provide you and the applicant = with whatever I’m going o send out, an inventory of all the information, if you have (inaudible) banker boxes cataloged.

Atty. Pilicy: <= /b> I would recommend that the Board ke= ep this Public Hearing Open in order to allow the Zoning Officer to present al= l of the information that she needs to present and between now and the next meet= ing I can prepare a legal evaluation of the legal analysis of the issue that’s presented to you for a decision. I’d like to have as complete= and thorough record as possible because this particular situation has resulted = in litigation in the past, so I’d just like to have a very, very good re= cord and have the Board in possession of as much information that is pertinent as possible. You may get a lot o information that’s not pertinent too, but that will really in the end= be up to you to decide, but I, by next public hearing date can have a legal analysis and by then the Zoning Officer will have a written presentation organized as to her full analysis = of this I guess which was touched on tonight.= Thank you. So again, we’re just asking to keep the public hearing open.<= /p>

Mr. Sarandrea:<= /b> Does anyone else have anything to = say?

MOTION: &= nbsp;     (Ms. Bisson, sec. Mr. Griffith) to Recess Application #817 of Distasi Catering, = LLC, d/b/a Grand Oak Villa for appeal of decision of the Zoning Enforcement offi= cer concerning refusal of the ZEO to sing the State of Connecticut Application = for Liquor Permit for Grand Oak Villa at 550 Sylvan Lake Road, Oakville, CT.

Discussion:       None<= o:p>

MOTION PASSED UNANIMOU= SLY

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #817 – DISTASI CATERING= , LLC D/B/A GRAND OAK VILLA

FEBRUARY= 22, 2006

Page 14<= o:p>

&nb= sp;

&nb= sp;

Public Hearing Recessed at 8:51 p.m.

Mr. Sarandrea called a 5 minute Recess at 8:51 p.m.=

Respect= fully submitted,

&n= bsp;

&n= bsp;

&n= bsp;

Enrico Sarandrea, Chairman

Zoning = Board of Appeals

  &nbs= p;         _________________= _________________

  &nbs= p;         Lynn M. LaForme, Minutes Secretary