beagenda

WATERTOWN ZONING BOARD OF APPEALS

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MARCH 22= , 2006

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Elizabeth Wasiutynski, 514 Sylvan Lake Road, Oakville,= CT <= st1:PostalCode w:st=3D"on">06779=

Ms. Wasiutynski: I want to thank you for allowing m= e to have a very quick look at the Pilicy opinion dated March 20^th wh= ich was hand delivered to the Zoning Board of Appeals. May I assume that all of you have = read this whole text? Okay. In the little bit of time that I h= ad to look at it, it looks to be a letter, an opinion which is a little bit disin= genuous and I say that because if before you you had a request from Grand Oak Villa= to operate as a strip club more than likely you would say to yourself, well is= it prohibited? I don’t thi= nk it’s prohibited necessarily in our Zoning Regulations. I don’t think Watertown ever saw itself as a location= for a strip club or a sex shop. Well let’s say this was a request for adult entertainment and we the adults living in the neighborhood were to come before you and to say we don’t think this is a good thing to do in a residential area we don’t like = the traffic, the smell of the place, we don’t like that kind of entertainment, and yes, you would have justification to say that adult entertainment is perhaps allowed there, but you would also take into consideration what we the neighbors were saying about the kind of place it = is becoming if that adult entertainment were to be allowed to continue in our neighborhood You would probab= ly be among the first to say we don’t like the fact of children being there, and school busses coming around, and people riding their bikes, and a nice = lake where kids go swimming, all of this in the mix with an adult entertainment place. My point here is that = Atty. Pilicy’s letter urges you to take out of context and the context is t= he many times that we, the neighbors, have spoken to you, and he’s urging you to take out of context and to focus only on the question that he cites twice I believe I his letter, is there a zoning regulation that prohibits t= he sale of alcohol at this location? Taken out of context you go to your regulations, to our regulations = and you say well indeed there’s nothing that says we can’t do it. But if it were to be a different k= ind of activity you would I think consider the situation and say while there may n= ot be a prohibition we don’t like the aura within which the lack of prohibition forces us to make a decision, and you’d be standing next = to me, lining up and saying to your fellow board members, you shouldn’t = be doing this. I know that Atty. Pilicy had written an entirely different letter years ago about having no liquor sales and no business running in an R30 zone, and particularly on the property that belongs t the Cercemaggiore Club. I have no idea why the climate has changed, maybe it’s global warming, but today’s letter is a tremendous surprise to e. I would only urge you to consider = that this is not an issue of just one question, is there prohibition in effect?<= span style=3D'mso-spacerun:yes'> But it is more of an issue that pe= rtains to a neighborhood, that pertains to the other amenities which exist in that neighborhood, which include a beautiful park which is maintained by our town and it’s a neighborhood, just like any other neighborhood in this town which deserves to be considered within its own context and not within a one sentence. Thank you.

WATERTOWN ZONING BOARD OF APPEALS

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Tom Vaichus, Sunny= side Avenue, Oakville, CT <= st1:PostalCode w:st=3D"on">06779=

Mr. Vaichus: Still finding things; I wish I had = more time. I’m reading from = the special permit which was granted to the Cercemaggiore Club, again dated Dec= ember 12, 1990. Special use #80 ban= quet hall and club room, 550 Sy= lvan Lake Road.&nb= sp; In accordance with the rules and regulations governing special use facilities the following is a statement of the purpose and the use of the f= acility to be erected. The Cercemaggi= ore Club is a basis no profit organization started in 1976 by a member who’s background family ties trace to their orig= in of a small town in Ital= y called Cercemaggiore. I don’t read all the details on the history, bu= t I wanted to cite the use. The n= ew proposed construction includes a large hall to accommodate such functions as weddings and parties and other social activities, as well as club meeting r= ooms for its members and other requirements for its embers. It’s gone beyond that. I just want to make a note. The facility will be located in a relatively secluded area at the end of Sylvan Lake Road and should not int= erfere with the neighbor’s right to enjoyment of their property and safety a= nd welfare. I want this read int= o the record again cause this was written by your officials in the zoning Commission. The facility will= be located in a relatively secluded area at the end of Sylvan Lake Road and should not int= erfere with the neighborhoods right of enjoyment of their property and safety and welfare. That was the special= use permit. I’m going to re= ad something else to you from the Connecticut Book which is a legal book which helps us interpret zoning regulations.&nbs= p; The reason I’m reading this is because there is obviously something wrong here. This is chapter 4.3 from the Connecticut Book, requirement of conformity to a comprehensive plan. That̵= 7;s what zoning is all about, comprehensive. The general st= atutes specifically provides that zoning regulations shall be made in accordance with a comprehensive plan. The enactment or change in zoning regulations or boundaries of zoning districts cannot be upheld unless this requirement is met. This is to prevent the arbitrary, unreasonable discriminary exercise of zoning power. When zoning regulations are adopte= d they should be placed in certain categories of business and uses in designated localities or in districts. W= hat that means, business is one area, residential in another area. This is what zoning is all about.<= span style=3D'mso-spacerun:yes'> Okay? Boundaries must be fixed by regula= tions rather than by the administrative officials and must be described with reasonable certainty so that the regulations can be practically applied. Practically ap= plied. That’s simple. This is a residential zone, residents. Okay? That’s= what it’s saying, practically applied.&nb= sp; Merely allowing any lot use for business or industrial purposes to be business or industrial districts respectively is not in accordance with the comprehensive plan and is illegal. That means if you allow a business to operate in a residential zone, that is illegal, and that's what you’re doing by signing a permit for= a liquor license when they already have a special permit. Thank you.

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Atty. Bruno: I have one comment. There was a comment made that you'= re approving a liquor license in this zone.&n= bsp; That’s not what is happening here. All we’re asking for is a signature The comment was oh, that means I can sell liquor out of my house. If he wanted to do that, he would approach Mary Barton with the application for the liquor control, ask for h= er signature, and the same thing would happen. If she refused to sign it he would= com up here and the question is where in the regulation is = it prohibited. I read your regulations from front to back, the words alcohol, = the words liquor, are not in the regulation.&n= bsp; It’s not prohibited. The decision of whether this application is going to be granted is with the Sta= te, unfortunately n= ot with the Town. We’re not asking you to make a decision on whether this should be approved or to, we’re not asking for your opinion.&n= bsp; All we’re asking for is if you can’t find it in your regulations, ask the Zoning Enforcement Officer or decide that she should s= ign it. That's all we’re as= king for. Then we have to go to the State. The State makes that decision, not here, not at the Planning and Zoning Office. Thank you.

Ms. Bisson:= Mary, the reason for not signing w= as because this would be a business operating in a residential zone, am I correct?

Ms. Barton: Correct, and businesses are not per= mitted in a R30 zone and the Zoning regulations are permissive or they can prohibit it. If it’s not listed = in the regulations it’s not permitted, so we do not permit liquor sales in a= for profit entity in a residential zone. I could not sign a liquor permit for somebody to sell liquor out of their house.

Ms. Bisson:= Right, this is a catering business working out of a quote private club which has a liquor license because they were a private club and we could give them that, this is an entirely differ= ent entity?

Ms. Barton: Correct, that is my opinion.

Elizabeth Wasiutynsky, 514 Sylvan Lake Road, Oakville,= CT <= st1:PostalCode w:st=3D"on">06779=

Ms. Wasnitynski: I’d like to point out to you, ladies and gentlemen something which is an anomaly and that is that for mos= t of the times that we the neighbors have come before you, and earlier before the Planning and Zoning Commission in the last year or so, there has been no Cercemaggiore Club members coming to the podium and speaking. Years ago there would be a big gro= up of them and they would all try to argue their point of view and we’d try= to argue our own point of view. = But what has happened over the years as I’ve been observing it, is that the façade of the membership club h= as disappeared, because it was only a façade.

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The business plan righ= t from the beginning, and if you look at the names which are unfortunately a rather hefty group talked in terms of running a business. Sometimes it wasn’t quite so clearly put, but it was the business plan right from the beginning. Whatever membership exists must be entirely miniscule or very aged and not able to drive at night, because I h= ave not seen any members of the Cercemaggiore club in a long time. What I am seeing however are the business people who are presumably investing and whoa re making this a going business proposition. So it&#= 8217;s been intriguing to me because for many years in these hearings the word business was not used at all in the presentation, in fact it was the Cercemaggiore Club who was saying no, no, no, we're not a business, we're j= ust a membership club, we’re doing this for our ethnic heritage, we’= ;re doing this for our religious background, we’re doing it to have the pleasure of getting together once in awhile. Where are these members? I don’t know. I really really wonder whether there are any Cercemaggiore Club members per say. Perhaps there’s no auxiliary= because women live longer and certainly are more industrious very often in club settings or in organizational settings but now that sudden veil has fallen = and we only have the business people becoming before the Town fathers and mothe= rs and arguing for the liquor license and arguing for the banquet hall and no = longer do we have the Cercemaggiore Club members per say coming and saying oh no, = we need to have this banquet facility because at that point we will still our = have our festa, our big celebration with the 3 days a year where we can use the property, we own it, that's true, we can only use it for 3 days a week beca= use of the kind of contact that we signed with the previous caterer and presuma= bly with this caterer, but boy we’re really proud to use it for those 3 d= ays and we get a lot of people to come and eat our home cooked food and sign our wonderful songs, etc. That façade has fallen entirely, and what you have is a very intriguing a= nd a very entrenched business plan making these presentations to you over and ov= er and over again and then they tell you that once the business plan succeeds = on the part of the Cercemaggiore Club, if it exists, then it’s a propert= y of 20 some acres which has there eight to sell liquor, to host all kinds of gatherings and there really isn’t stopping that because it becomes a valuable piece of property who is interested in opening a casino, a larger restaurant, or the much vaunted Aqua Turf which of course was the original argument when the club came forward and asked for its permit and for its re= ason for existence, we want to become the Aqua Turf of northeast or northwest Connecticut, whatever it is. = But take a look around; I don’t see any Cercemaggiore Club members, do yo= u?

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Mr. Sarandrea:<= /b> I’d like to just answer one question for you. I think what’s happening is this thing has been going on for 16 years. I can understand your frustration = but if you notice there’s not too many, and there's never been, I’ve b= een on this commission since 1989, there has never been an overwhelming people turning out against this club either. And they did come out, I think everybody = is wore down right now, to tell you the truth. It got approved in 1990, (inaudibl= e) zoning board of appeals, planning and zoning approve it, and there’s a stack of papers this high, and Nick Reynolds is deceased since, and him and= I sat there until 2:00 a.m. and read all that stuff. I mean they came forward and said = listen, if you don’t want us to do this, tell us, we won’t do it, we’ll stay with our little club.&nbs= p; Now Planning and Zoning Approved this thing. Now I have another que= stion for yourself and Mr. Vaichus, what do you want to do with that property? What would you like to see happen = over there? Would you like to just= see the place close down, weeds grow up through it and I mean, saying it’s going to turn into a casino, that's probably never going to happen. Saying it’s going to be sold= and turned into a strip club, that’s not going to happen. All they’re talking about is they’ve been selling liquor there since it was a little bar out in back. They’ve been sell= ing beer, I went to stags there, they’ve been selling beer, selling liquo= r, they’re still doing that, they give scholarships to individuals in To= wn, the Fire Marshall just retired, they had a big party for him up there, I me= an we went through the whole thing, like I said there was a stack of papers th= is high, there was no evidence, there was no police reports, no one has ever b= een arrested, no one has ever been carted off the property. As a matter of fact I went to a (inaudible) dinner the other night, 2 weeks ago, they didn’t even have the lights on, they had flashlights directing yo= u to where to park. I mean our forefathers approved this ting. It's unfortunate you’re a neighbor that’s there, I can understand yo= ur concern, but the thing was done, it was done in 1990. They approve it. They approved it. They let them build this 12,000 or= what is it 12,000 square foot building. I mean that’s like saying. I’ll give you an example. This was my wife’s father= 217;s property where this school sits. Do I come now and say take that school down, we don’t want it on our pro= perty. I mean it̵= 7;s progress. They decided to do = this in 1990 and now here we are we’re spending tax dollars, we’re h= ere we’re listening to everybody, we’re listening to everyone talk,= and it’s unfortunate that they approved it in 1990 and this is what we ha= ve today, but as far as it turning into something like a strip club or a casin= o, I doubt that would every happen, I doubt it.= And the membership is still there for what IK, I mean if they’= re here, they can testify to how many members they have, but I think what they’re doing, I don’t know, this is only myself talking, they’re laying low, they’re just bringing their attorney here, because as you can see, I don't see a million people here against it either. I think it’s wo= re down, it really has. I mean i= f it were a bad thing where we were getting calls all the time, that people were shooting guns over there and going wild and gambling and doing rude things,= I mean we’d take care of that too, that’s why we have a zoning of= fice and police and firemen. I don’t know what to say. I’ve been hearing this for . . . .

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Ms. Wasiutynski: Mr. Sarandrea, you as= k a very intriguing question. I&#= 8217;d like to paraphrase that question if I might. You said what = do you want to be . . . .

Mr. Sarandrea: What would you like = to have that be?

Ms. Wasnktynski: That’s right. Mr. Sarandrea I grew up on that pr= operty where I live currently. It wa= s in 1956 that my parents bought the house and moved into it. My husband and I came with our new= ly born daughter started living there, my parents died on the property and I w= ill probably die on the property. I am not interested in moving from my home which was the first home that my pare= nts were able to move to after the travails of the second world ward when they = were unable to go back to their native country (Tape #1, Side B ended – may have missed some). Czechoslovakia, into Wales, into(inaudible) Camp, into Scotland into London and finally on quota, special immigrate quota to the United States in 1952. My parents worked hard, not in the= ir profession, but they worked as laborers in order to buy a house, and they bought the place where I live today. We’ve raised 7 children on that property. Why are we being pushed out of a residential area? We have nev= er, neither my husband nor I have testified or have raised any issue about the Cercemaggiore Club because we honor their ethnic heritage and everything el= se that they’ve asked any group themselves bring tot his country. Their hard wor= k and their hope for success for their children. If you look at that testimony you’ll never see anyone speaking against the Cercemaggiore Club. What we have spoken about consiste= ntly loudly and we’ll continue to speak out about because we believe in the democracy that you represent, sitting at the table where you're sitting now= , we are speaking against in effect twisting your own regulations t permit a business in a place where black and white, 23 words say there shall be no business. That’s the an= swer to your question. So I’= m not seeking to get rid of the club, I think that they should continue to meet a= nd continue to honor their heritage, and God be with them as I hope he is with us. Now having sai= d that, there is another interesting quirk that you bring up. That has to do with no arrests and= no police complaints. IN fact whenever the police is called, their hands are tied because by the time our short staffed police department comes to our little neck of the woods whatever noise has been happening or what4ever untoward behavior has been happening has dissipated, it’s as simple as that. There is no noise ordinance in the Town because they can’t do anything abou= t it to begin with. Now I don̵= 7;t go to the club, I don’t look in their windows, I don’t know anything about lewd behavior. You’ve been there you said; perhap= s you know more than I do. So we can’t do anything about what’s happening because our police dep= artment doesn’t have the wherewithal to do something when it’s particul= arly impinges upon our enjoyment of our own property. There is a consideration, once whi= ch I think you would understand just as much all of us understand and that has t= o do with our asset which is called our home.

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In the United States m= ost of us have our larges assets in our home, certain what we consider to be a residential district, something that we can pass on to our children in term= s of value is diminishing with every day as you perhaps are thinking to put a bonafied business operating next to us 24 hours a day with absolutely no br= eaks intended even thought of. You don’t live next door to this place.&= nbsp; You don’t have the pleasure of hearing the garbage trucks at 4= :00 a.m. coming up the driveway. = You don’t have the pleasure of seeing the beer and liquor trucks tumbling= up the driveway. You don’t= have the pleasure of seeing the food trucks coming up. You don’t have the pleasure = of seeing people coming up and down the driveway at 2:00, 3:00, and 4:090 a.m.= if you’re taking care of a sick child.&= nbsp; There is 24 hour a day traffic. And that is not making my house an= y more salable and any dreams that I or my husband may have to retire to Aruba for= our golden years goes out the window, because there’s a business in our r= esidential area, so we have very real concerns and they are the same concerns that you would have if this were happening next door to you, or to you, or to you, o= r to you, or to anybody else sitting here. That’s’ why we come.&nb= sp; And I think that my question is a very important one, that this is n= o longer the Cercemaggiore Club, the folks who (inaudible) against that we’re arguing here. What you’= re dealing with is a simple business plan which seems to be succeeding up until now. I’m hoping it won’t succeed but certainly has been moving forward quite nicely thank you. And bear in mind too that while Mr. Bruno gets up here and says that you really don’t have anyt= hing to decide upon because it’s the Liquor Commission that’s going = to decide upon this, the Liquor Commission wants to see the signature of the Zoning Enforcement Officer, the Fire Marshall and the Police Chief on the liquor application has very reason to believe that these are responsible pe= ople and that they (inaudible) nothing to prohibit this kind of activity know wh= at you’re talking about. I= mean all politics in the = United States, it’s local politics. Why would a factionary of the Connecticut liquor control omission really want to come up against the Police Chief, the Fire Marshall, and the Zoning Enforcement Off= icer in little 20,000 person town? They're paid to do their job, they’re supposed to know what they're doing and= they sign off. This is where the battleground is of these opinions. And while you say that life goes on and things change, I would submi= t to you that it does not change from year to year either in your father’s lifetime, in my father's lifetime, who also questioned the activities and you’ll see them as Mr. Leonard Sistanovich in some of that stack of materials so this is not only I who comes to the microphone. But w4e have been struck by the fa= ct that there has not been a recognition over the y= ears of how one (inaudible) this business plan has been. And you are volunteers, I work out= of town, but there is a one mind business that is behind, that is pushing other business into this residential area, that is qui= te extraordinary. And every time= you tell me that times change and things sort of evolve, I say to myself, well why should I sacrifice my property, why should I sacrifice my hard earned dolla= rs in order to make somebody else very rich on my back in effect? That doesn’t sound fair to me. I don’t know whethe= r it sounds fair to you, especially since the people who are getting rich don’t live in town folks and don’t pay the taxes here in town.<= span style=3D'mso-spacerun:yes'> So thank you for letting me speak a little bit longer than I should have and I apologize but obviously this mea= ns a great deal to us. Thank you.<= o:p>

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Tom Vaichus, 483 S= unnyside Avenue, Oakville, CT <= st1:PostalCode w:st=3D"on">06779=

Mr. Vaichus: I just wanted to respond to what you had said. I also do not have a problem with the club operating as a club. It always has been a club and that’s the way they should operate, I don’t hav= e a problem with that, they can do that. What I object to, let me clarify is that you give them the license to operate a business a residential area and I think before you make a decision you really need to educate yourself about the General States cause I just g= ot this in, read this tonight from the stack of stuff that you have and it was written by Attorney MaryAnn Dubuque and she is citing Connecticut General Statutes annotated title 30 and (inaudible) chapter 545 liquor control act, part 4 permit. No organization eligible for a club or no profit club permit or other entity established primarily to serve its members shall be eligible for a restaurant permit fo= r a catering establishment. That’s from the Connecticut General Statues and her opinion st= ates accordingly that a club cannot hold a club permit and a restaurant permit f= or a catering establishment at the same time.&n= bsp; That’s what the General Statutes outline, that’s what, those are the guidelines by which you have to ma= ke your decision, not by somebody saying just because it doesn’t say it = in the regulations. The Statutes clearly state that the club cannot operate for profit with a restaurant catering establishment. You can’t give them that permit based on the Connecticut Statutes. So that’s why I’m here= . ‘m not saying to take down the club, I think the club is operating fine. But I don’t think that the a= ctivity that you enable by giving them a liquor license makes any sense at all. Again it goes against the comprehe= nsive plan for conformity. A busine= ss in a residential zone, it should be a club, to a business, and I think that's = what you have to understand, that’s why we’re here. That’s why the club = is not here too, cause they’re happy with the= way it is, and that’s the way it should stay, stay with the special permi= t, don’t change what’s already been established. Thank you.

Mr. Sarandrea: = Can we have our Town Attorney give = us a talk on the opinion that he wrote.

Atty. Pilicy: A couple of preliminary comments b= efore I go through the legal opinion previously given to you. Jut by the way of clarification, y= our comment concerning the opinion from Attorney Dubuque was delivered about 6 years ago and that opinion basically was an analysis of the different secti= ons of the liquor statutes that may be pertinent when an applicant seeks a liqu= or permit. And although it may o= r may not be a accurate interpretation, those interpretations are required to be made by the Liquor Commission hey are not interpretations that can be made by a local zoning agency.

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The second point is the proceedings that is before you tonight has not very much to do with mobile zoning and has much more to do with the exact (inaudible). First I want to talk about the com= ment that was made that the zoning regulations do not as presently constituted expressly permit the sale of liquor and therefore liquor should not be allo= wed at this location and that comment (inaudible) and a term that we call permissive zoning and Watertow= n does have permissive zoning. = What permissive zoning means is unless a use is expressly authorized it is deeme= d to be prohibited. So if the use isn’t authorized it’s being prohibited, but if that was all we = were talking about, that would be the end of the opinion. But we’re not talking about permissive zoning. We’re talking about a proceeding that although there have been many proceedings c= oncerning this location and the interpretation for the special permits that have even discussed, there has ever been a proceeding before the Planning and Zoning = Commission or this Commission that is confined to interpretation of the State Statutes= , visa vie a liquor permit application form. Now under there’s been comments on about legal opinions that I prepared in 1994 and the implication I believe delivered tonight is that th= at legal pinion is different than the one dated March 20^th and I wo= uld say that the legal opinion from 1994 is exactly the same as the legal opini= on delivered tonight. Now if we = go back to this, the legal opinion from 1994 is titled the same as tonightR= 17;s legal opinion in that it’s more of an evaluation of what I believe is pertinent to this Commission to considered. And the most important thing you h= ave to look at is what does the State law provide with respect to liquor permits in municipalities throughout Con= necticut and what are the powers of the municipality to prohibit the sale of liquor = and how does that translate into the pressing question on the liquor applicatio= n. Under General Statutes Section 30-= 44 it states, I'm reading from the liquor statues now, (inaudible), the proper li= quor control shall be (inaudible) sale of liquor where prohibited by the zoning ordinance of any town. And that’s different than what we have permissive zoning. A zoning regulation can prohibit t= he sale of liquor in a town not expressly state that the sale of liquor is pro= hibited. If this is not, I’m no, if z= oning is not pertinent and it’s up to the Liquor Control Commission to deci= de whether or not a permit is appropriate and what type of permit they think is appropriate. Now there’= s a quote here from Judge Fuller on land use that is contained both in the 1994 opinion that says that the department of liquor control is required by sect= ion 3-44 to refuse permits for the sale of alcoholic liquor where prohibited by zoning ordinance. And it goes= on to say in the absence of a prohibition in the zoning regulations, the Departme= nt of Liquor Control has discretion to determine if a permit should be issued.=

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Now let’s stop r= ight there for a minute. What we k= now from this statue is if any town in Connecticut wants to prohibit the sale of liquor in its zoning regulations t may do so.= The town of Watertown could adopt a zoning regulation tomorrow that said all sale of liquor will be prohibited in a re= sidential zone or for that matter anywhere in the town of Watertown. If the Town adopted such a zoning regulation there would never be another liquor permit in the Town of Watertown. Anything that's here today would s= tay, but there would never be another one. And there are towns in the state of Connecticut that have done that. There are towns in the Sate of Connecticut that have (inaudible zoning regulations that the sale of alcoho= l is prohibited in residential zones or are allowed only in certain zones, but without an expressed prohibition that’s the only pertinent issue as f= ar as the state statutes are concerned. Now Judge Fuller goes on to state when the zoning commission amends = the regulations to control liquor (inaudible) or prohibit liquor it acts in a legislative capacity and that means legislatively a zoning commission has g= reat discretion, very little discretion so the zoning commission is (inaudible) possible to decide if it wants to prohibit the sale of alcohol but in a situation where the sale of alcohol is not prohibited, when an application = of this nature comes in, it’s not a legislative or discretionary decisio= ns, it’s a simple administrative decisions and it goes on to state that in Judge Fuller’s book it says the sale of liquor under any of the categories of the liquor permit is an administrative decision, in other wor= ds if the zoning authority for the town of Watertown ha not prohibited, expres= sly prohibited the sale of alcohol as they’re allowed to do so if they choose, under this Section 30-44, if you haven't done that, then it’s= a simple equation, 1 and 1 is 2, the only question on the liquor permit application is does your zoning regulations prohibit the sale of alcohol? That’s the only question und= er the state statutes. So if you loo= k at the zoning regulations and you see and the 1994 opinion that’s being referred to contains wealth discussion in it but it also contains an attach= ment with 4 Connecticut court decisions that tell us that it’s up to the Liquor Commission to interpret the liquor statute visa vie what type of per= mit would be suitable or more appropriate for a certain location. (inaudible.) Now this particular issue as far as seeking a specific liquor permit under the section is now coming to us unde= r a specific application asking the zoning officer to sign one question, do you have a zoning regulation that prohibits the sale of alcohol at this locatio= n, and I did not find in the zoning regulations any prohibition of the sale of alcohol anywhere in Watertown and that’s evidenced that (inaudible)permits that are out there today. There’s one at this very same location that could not be there if someone did not sign a liquor applicati= on certifying that there’s no prohibition on the sale of alcohol at this location. Every liquor permit= in Watertown has as its foundation, it has to be served= with a similar application with similar statements, that there is no zoning regulation that prohibits the sale of liquor in Watertown.

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Now as I said those preliminary comments, I’d like to get into the specific opinion that = I wrote for tonight. I tried to focus on nothing except the specific narrow question that’s before us, and that is how does section 30-44 of the State Liq= uor Statutes interplay with the Watertown regulations, that’s the only is= sue that you’re allowed to decide because that’s the only issue they’re appealing. And = before we get into that, I pointed out the legal opinion the powers and duties of = the Zoning Board of Appeals. I don’t have to repast that, you’ve re= ad it, it’s part of the record, by virtue of = the opinion in here. Under 8-7 of the Sta= tutes you have the duty to either reverse, affirm, or make (inaudible) any order = or decision of the Zoning Office, but again I want to point out that even thou= gh this decision is the combination of interpretation of State Statutes and zo= ning ordinances in Watertown it still a decision of the Zoning Officer that it’s within your province alone to decide on appeal whether that deci= sion appears to be correct or whether that decision appears to be incorrect. The Zoning Board of Appeals in such situations is not supposed to take into account possible future violations = of the specials permit, the zoning board of appeals is also not limited to any documents that were available to the Zoning Officer at the time the Zoning Officer made, delivered her decision. You have what is called a Day (inaudible) hearing which means you’ve allowed and should have taken into account all the testimony a= nd documents submitted to you tonight. Now it has to be a little bit of comment as far as the background (i= naudible). The applicant is obviously the pre= sent holder of a lease or a license to run a catering business at this facility. WE all know the Cercemaggiore Club= , we all know that a special permit was issued in 1990 to operate a banquet or functional hall known as the Grand Oak Villa, we all know it’s in a residential zoning district, and we all know that the special permit was is= sue pursuant to section 23-3-5 and that maybe .4 because the regulation numb= ers have changed since that date, but the fact is it was issued under a fratern= al or social club type application. Now from that date to the (inaudible) there has been sharp debate as= to whether or not the operation and activity at the Grand Oak Villa have excee= ded or not exceeded the scope of the special permit. And as the Zoning Officer stated a= nd I can also attest to, we can probably fill about 4 storage boxes of all of the minutes and all of the contents of the different debates, there’s bee= n a number of court cases and no court case has ever been brought to conclusion between the different parties as to whether or not there has been an excess= or exceedance of what is authorized under special permit 380, but what we do k= now is the operation as it exists today, is essentially the same operation as existed since special permit #80 was issued and the building itself was constructed. Now again gettin= g back to the narrow focus of what’s before the zoning Board of Appeals toni= ght, there’s a request that has been presented to the Zoning Officer for a liquor permit from the State of Connecticut Department of Liquor Control. A liquor permit was authorized for= the sale of liquor to patrons who attend functions. Without this specific liaison perm= it now requested the club may still have liquor at the functions. The difference is the patrons woul= d have to bring their own liquor as opposed to the Club’s caterer selling li= quor to patrons that attend these functions.

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Over the last several = years there have been some attempts in actual use of a questionable liquor permit= at this location and they substitute for what might be called the appropriate permit. Again that’s be= yond our jurisdiction, that is strictly the function = of the State Liquor Department. If t= hey feel that an inappropriate permit is being used at that location, that's up= to the State Liquor Department to enforce.&nb= sp; During prior proceedings of this nature, the Liquor Department has (= inaudible) that they have the sole jurisdiction to interpret their different types of permits and so forth. Now in = order to obtain any liquor permit as we have seen in the statutes, and from the application, a signature of the zoning Officer is required, and I restated = the specific language from the application and I’ll repeat it and that at this location, said city or town does not prohibit the sale of alcoholic li= quor under the type of permit required, and again this language goes back to sec= tion 30-44 of the liquor statutes, that are state statutes, they’re not zo= ning regulations. There was mentio= n of inaudible) parts of the zoning ordinance that was discussed, and as stated it was proposed, it was adopted, it was not procedurally sufficient and therefore = it is not in effect but even if, excuse me that regulation were in effect, it could not be taken into account, because that action by the Planning and Zo= ning Commission occurred after the (inaudible) application was presented to the zoning officer, so therefore you cannot consider a later amendment to the zoning regulations and make it retroactive to something that was already there. Now I’ve provide= d page 4 some background about special permit #80. And again, I think you need a litt= le bit of background even though you are probably are all familiar with much more = than I have put on this one page. = Again it outlines the competing interpretations of what the Planning and Zoning Commission approved, it outlines the competing opinion as to whether or not= the actual activity has exceeded the scope of the special permit that was issue= d, it outlines the fact that we have court cases but not court decisions on the scope of use issues, but it is my opinion that the debate about special per= mit #80 is not pertinent to what’s before you tonight. It’s my opinion that the Zon= ing Board of Appalls should decide this matter under 30-44 general statutes and whether or not there is an expressed prohibition in the zoning regulations = and I also comment it’s my opinion as support for the applicant’s request that there are a number of similar applications located throughout Watertown and in fact there is a liquor permit in the very same building already which is probably the best evidence that there is no zoning statute= s or ordinance that prohibit the sale of alcohol at this location. If that were true, there wouldn= 217;t be a permit already there at this location today and there has been a permi= t at this location for probably 20 years or more. It’s my opinion that the iss= ue of whether or not a liquor permit is appropriate or prohibited or not prohibit= ed up there, the debate really centers on the continuation of the other zoning debate that’s gone on for many, many years, but I don’t think there’s anything before this board right now concerning the scope of special permit #80 or the zoning regulations themselves with respect tot his type of activity and this particular zone. I think we’re confined to = the state statutes and the interpretation of that statute, which is contained by the way in the court decision attached to the old opinion and that is a town has the legislative discretion to prohibit (Tape #2, Side A ended – m= ay have missed some) the sale of alcohol, but Watertown has never done that. They’ve could have done it, = but they’ve never done it.

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Mr. Griffith: <= /b> But it couldn’t apply retroac= tively for this application.

Atty. Pilicy: It does not apply retroactively. It would freeze in place whatever = we have today, and we’d never have another one. They could pass an ordinance that = there will never be a liquor permit in a residential zone, but we still have the ability in that residential zone to (inaudible) and so forth and most of th= ose that do exist in Watertown are in residential zones and do have liquor perm= its, and for the most part they coexist quite nicely but again I’m not her= e to comment on the old debate, I’m here to try and focus on exactly what = is before the Zoning Board of Appeals right now.

Mr. Griffith: <= /b> What’s the difference between= the license that they already have and what is being applied for?

Atty. Pilicy: I think my understanding is that there’s a liquor permit on this premises but not for the caterer. He was in a separate part of the building by the (inaudible).

Mr. Vaichus: It's a not for profit purpose, that’s the difference.

Mr. Sarandrea: = Sir, you’re out of order.

Mr. Vaichus: I apologize. He asked a question and I thought = (inaudible).

Atty. Pilicy: The type of permit really doesn= 217;t matter. That’s not for = us to decide, that's for the liquor commission to decide. We only make one decision under th= is 30-44, is there an ordinance provision that prohibits the sale of alcohol at this location. That’s t= he only question on this application and that’s a yes or no answer. Everything else is up to the liquor Commission.

Mr. Sarandrea: = Does this come up every year?<= /o:p>

Atty. Pilicy: No, once the permit is issued, it = will never come up again, unless the Liquor Commission wanted it to come up for a violation of liquor laws. It’s not something that you have to renewe= d annually.

Mr. Sarandrea: = so the caterer that was there befor= e, that was running the banquet facility, had a liquor permit?

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Atty. Pilicy: No he didn’t. He was using the liquor permit (in= audible). I believe what happened in that ca= se was the former caterer obtained a what they call a mobile catering permit that = was based at a different location and contemplated a use where that caterer wou= ld have a function in Watertown today and on Saturday they had a function in Cheshire, and next day they would have another function in Southington and = they could use that liquor permit to serve liquor at these different functions, = and I believe that’s what it was intended for, but I don’t know for sure. What happened is they j= ust took it and used it permanently at the Watertown facility and that’s where questionable legality under the liquor statutes, but again that’ snot our jurisdiction, that’s up to t= he Liquor Commission.

Mr. Sarandrea: = So if this permit comes up every ye= ar fore renewal is it like a driver’s license?

Atty. Pilicy: I have no idea. It won't come back to us. Once you sign off on the location ,that’s it as far as this is concerned.= It may come up under the Liquor Statute, I’m not sure what their timing is. I do know that they would act swif= tly and very harshly if there are violations of liquor laws, if they find out a= bout them.

Mr. Sarandrea: = So in other words this is just like= when we sign a permit for a garage?

Atty. Pilicy: Yes, it doesn’t come back un= less there’s a violation, but again if there’s a misuse of liquor permits of a violation of liquor statutes, the state will step in and maybe= the local Police will too. The Li= quor Commission is very strict and harsh in enforcement, but they can’t make arrests,= but they are (inaudible) statutes and apply penalties. Now if they find something that in= their opinion warrants an arrest, they have to refer that to the local police to = make an arrest, but they can suspend a license, revoke a license, they can close= a facility for a number of days, they can issue a financial fine, and they can (inaudible) but if they want to arrest somebody, and there’s a provis= ion for arresting in the statutes, the liquor enforcement agents do not have the power to arrest. Some states = they do, but in Connecticut they= don't and in the past they have done that, they have called the Watertown Police = to arrest. If they go into a loc= al bar for example and find overcrowding or other violations for which an arrest c= an be made, they will call the local Police and meet them there and make the arrest. Most of the time when= you see an arrest at a liquor premises, it’s f= or underage drinking or something like that, it will usually be the local Poli= ce that are asked to accompany them to affect the arrest. Now there will be harsh penalties = for the permittee very shortly but the liquor agents cannot make the arrest.

Mr. Griffith: <= /b> Then what is the appeals process fo= r say somebody in the neighborhood who wants, can they report a violation to the Liquor Commission?

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Atty. Pilicy: sure, and they frequently do. And the liquor Commission, they do random checks, but their manpower is rather limited, they are far more apt = to respond to complaints and they will, they will investigate almost every com= plaint but again the seriousness of the complaint will warrant how quickly they move. Sometimes they will bun= ch these things and like on a Friday night they’ll send a team of enforcement agents to the 5 towns in the same area, other times they'll just focus on one location where there are serious complaints. But they do accept complaints and = they do investigate them, they're pretty good.

I’d like to poin= t out one other thing that I did put in the legal opinion and that is the interpretation that I provided tonight, I called the Liquor Commission and talked to a supervisor and they were very familiar with the club and very familiar with the debate about the liquor permits and I asked if my interpretation of the statute and the question on the liquor application was correct, did I miss anything, is this how the liquor commission also interp= rets the statute and the ability for local zoning authority to prohibit the ale = of liquor and they said that that was absolutely correct, that’s the cor= rect interpretation and I asked the supervisor if I could quote the supervisor i= n my opinion to the Zoning board of Appeals and he said yes, you may, because th= is is not that we debate out here, it’s pretty clear. This is to a new statute, this statute has been the same for 40 or 50 years. Some of the court cases that were provided in 1994, which was not an opinion by the way, it was an evaluation= of the things that you’re supposed to take into account, and the point t= here was that the Liquor commission interprets the liquor statutes, but those (i= naudible court decisions go back to the 60’s, this is nothing new, that statute hasn’t changed. Any tow= n in Connecticut can = prohibit the sale of liquor throughout the town or in certain locations; most have n= ot, a few have.

Ms. Barton: I respectfully disagree. It’s okay. I just think you should look on the current zoning regulations, and the intent and purpose of the zoning regula= tions which I am charged to enforce, is to guide the future development and growt= h of the town in accordance with the Plan of Development designed to represent a= nd promote the most beneficial convenient relationships among the residential, commercial,, industrial and public areas of the town considering the suitability of each area for such uses as indicated by existing conditions, trends in development, changes in (inaudible) of living and having due rega= rd for the use of land, building development and economic activities both with= in and adjacent to the town. And= #5 says to protect and conserve the character of the environment and the social economic stability of all parts of town encourage the orderly and beneficial development of the town and #6 says to protect and conserve the value of la= nd and buildings throughout the town appropriate to the very (inaudible) established by these regulations. And #7 says to bring about the gradual conformity to the uses of land and buildings throughout the town to adopt the plan of development to minim= ize conflicts among uses of land and buildings.

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And when you go back t= o the R30 zone and the past regulations the purposes are similar. R30 residential zone. The = purpose of this zone is to provide suitable areas for medium density residential development consistent with a suburban environment. In areas of no significant environ= mental constraints to development, and with public facilities adequate to support = the intensity of development, so to me in the permitted use are single family, = then you went out to special permit uses in the zone talks about business, clubs= and business as not for profit. A= nd if you follow along with Attorney Pilicy’s interpretation, any homeowner= on let’s say Shelter Hill or I don’t know, say Winding Brook farm,= or Balmorals, they could come in and apply for a liquor permit and I would have to sign it. They could sell liquor ou= t of their home and that’s what I’m (inaudible) so the interpretation that has been used by myself and the previous zoning officer is that liquor permits are permitted as part of special permits in residential zones for n= ot for profit membership clubs and that's exactly what all the clubs that are mentioned area They are not f= or profit membership clubs, and the only club I can think of off the top of my head maybe Crestbrook Park was because it was before my time, but the Town = did have a swim club up on French Mountain Road which believe served liquor and there was all kinds of problems and I think there was litigation with the neighbors, but I understand what he’s saying but I respectfully disag= ree. So to me this interpretation if Mr. Smith up on 459 Winding Brook farm, whi= ch is a beau= tiful subdivision or Balmoral, where houses go for $800,000 came in and said Mary= , I want a liquor permit, I want to sell liquor out of my house, I can’t refuse to sing it, so just keep that in mind but I respectfully disagree, b= ut that’s okay, and (inaudible).

Mr. Sarandrea:<= /b> In 1990 you guys knew about all of= this, how did that building get up there? That’s what’s killing me. For 16yeas, I understand what you’re saying, Winding Brook, chances are nobody is going to come to = you, I’m not going to sell liquor out of my house, but if they came, and l= ike I said I read a stack of papers this high, they were here and they told Planning and zoning, if you don’t want us to do this, please tell us = now, we will not do it, we’ll fold up our tents and we’ll go home. Now you have a 12,000 square foot banquet = hall that operated for 12 to 16 years, the Town has functions there, everybody h= as been there, I imagine you have, you say you haven’t but you probably = were there too, everybody in this whole Town has been in that building, why did = they let then do it? And why all o= f a sudden we’re doing it, so we’re going to be doing this for ever= and ever or what we should do is, maybe we should go back and say Planning and = Zoning made a mistake and let’s give them back the millions of dollars that = they spent to put that building up. Should we do that? I don’t know. This is what’s bugging me.

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Ms. Barton: (Inaudible) I have nothing against = the club, my job is to look at the pure interpretation of = the Zoning Regulations. I was employed b= y the Town of Watertown since September of 1990, this was approved in Au= gust of 1990. That was the situati= on at that time. I think this all w= ould have been resolved but the club at the time during the public hearing went under that section of the regulations, both of them put it in there, in the discussion, we wouldn’t of had this discus= sion for 15 years. I’ve been= here 15 years in August and I’ve had this discussion pretty much every 2 t= o 3 years since I’ve been here, but again I’m looking at the regulations say, past practice, been in front of Z.B.A. before, interpretat= ion of the zoning regulations, I have nothing against the Cercemaggiore Club, nothing against the caterer, I’m only looking pure interpretation of = the zoning regulations as I foresee it, and I agree, it’s been a long time and that’s why I didn’t copy the whole file cause it does encompass about 3 or 4 banker boxes, an= d I (inaudible) it's competing with Stop & Shop for the file.

Mr. Sarandrea:<= /b> I don’t think anyone has any= thing against the Cercemaggiore Club or against the club, alls I’m saying is in my mind I think it was an error. In 1990 somebody made a mistake he= re or somebody should have stopped this at that time and said you know what, you can't put this building here. Like this school here. You know what, that school is not = going to work out up there. I mean = you can’t do that. You can’t say lets build a school but now all the neighbors around it donR= 17;t like having a school there so let’s close the school. This has been 16 years, and in 199= 0 they approve it, and that was one of the things I read, that they said a lot of times, if you don’t want us to do this, we won’t do it, tell us know we won’t build it. I don’t know what happened, but here we= are 16 years later still fighting over a club that’s paying taxes, that g= ives back scholarships, that does stuff for the town, I don’t’ know where to go. Like I said, I f= eel bad for the neighbors but it’s there. Planning and Zoning approve it. Here we go again, we’re here= at the Zoning Board of Appeals trying to fix something that happened 16years a= go and I don’t see there’s anything that anybody can do except all= ow it to run, cause if we don’t allow it to run, weeds are going to grow= up through it and it’s going to look like a mess.

Ms. Barton: I don’t think there’s a= ny member past that I can recall in the past on the Planning and Zoning Commis= sion that ever wanted to shut the facility down. They wanted it to operate within, = at least the past commissions, within the scope of their permit. And in the past they (inaudible) t= hey felt the addition of a liquor permit for the caterer would make it a true commercial venture and would be outside the scope of what was issued by spe= cial permit #80. I don’t kno= w the answers for that. I gave my p= iece, Atty. Pilicy gave his piece, Atty. Bruno gave his piece, mow it’s up to you= , you're acting as the judge and the jury. I really have nothing else to say I relation to it buy I will tell you a little story, the back parking lot in = the high school, they used to park back there, those neighbors off of Tower Roa= d, they took them to court, there is litigation so they can’t do things = back there, so it does happen even with schools here.

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Atty. Pilicy: Substantially all of the comments = of the Zoning Officer are accurate. = The Zoning Regulations do have many preliminary paragraphs stating (inaudible).= And with that in mind, the zoning Commission could have adopted regulations to prohibit the sale of alcohol, = they could have done that for 50 years that would let zoning Watertown and they didn’t, they could have put in the zoning regulations that a zoning permit under a club section of the regulations excludes or prohibits the sa= le of alcohol but a zoning permit in the same district that is authorized fro a business activity may have a (inaudible) permit hey cold have done all of t= hat, for 50 years they could have done it, they could do it for the next 50 year= s, but they didn’t. And that’s the only question that is asked under this application which c= omes to you under section 30-44 of the state statutes, it’s not like the o= ther zoning regulations where if it’s not expressly authorized its permitt= ed, or it’s prohibited (inaudible)unless it’s expressly prohibited = it may be allowed. Now ether you= can sell liquor out of a private house or not, I would doubt that, but thatR= 17;s up to the Liquor Commission not us.

Mr. Vaichus: I think we’re getting a little sidetracked with this liquor license, because the first question I have for= you is are you saying that a commercial facility can operate in a residential zone?

Atty. Pilicy: If authorized by the Zoning Regula= tions, yes. There are many commercial operations in residential zones that were authorized under the zoning regulations in many towns.

Mr. Vaichus: Correct. Our zoning omission is wet up to regulate the zones so that residential zones operate, residential zones are= for residents and business zones are for commercial zones are for commercial. Does the Zoning Officer have the authority not to sign this liquor license?

Atty. Pilicy: Based on state statute section 30-= 44 and based on the Watertown Zoning Regulations, in my opinion the Zoning Officer must sign it because the court decisions and Judge Fuller’s commentary tells us that that is an administrative decision, an examination of the zon= ing regulations as to (inaudible) express prohibition without the expressed pro= hibition signing the application in my opinion is required.

Mr. Vaichus: In Watertown is there a prohibition for commercial operations in a residential zone?

Atty. Pilicy: That's not the question under the statute.

Mr. Rafey: = Can you please ask your questions t= hrough the Chair and

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Mr. Vaichus: I apologize. I’m not<= span style=3D'mso-spacerun:yes'> familiar with the . . . . .=

Mr. Rafey: = You can ask your questions and then= have a seat and then . . . .

Mr. Vaichus: And what I’m trying to get a= t is that the Zoning Commission sets up regulations so that residential areas re= main residential and commercial facilities operate in commercial zones, and that’s what the Zoning Commission is about. The zoning Officer is here to upho= ld that and to enforce that, she’s the zoning officer, he or she is the = one who enforces those zones, and what’s happening here is we’re allowing a commercial facility to operate by giving them a license to sell liquor. In other words the sp= ecial permit as it stands says not for profit because they understood that this w= as a residential zone. Your obligation is to stand behind the zoning officer. That’s who is representing t= he residents for the Town of Wate= rtown. That’s what you’re obl= igated to do, is stand behind her. J= ust because there’s not a prohibition against liquor and he’s clear= ly stating the truth here, there’s not a prohibition but there is a prec= edent set for keeping residential areas for resident, and there is a precedent set for places to do business. It= has been determined that the local roads around this club cannot handle the tra= ffic for the operations that are happening in this facility. It’s clear. It’s been documented and tha= t is why this cannot be permitted. That is why the zoning officer is saying no, we can’t do this in a residen= tial area, specifically this residential area, which is different than the others. It is not an area tha= t can handle this commercial activity.

Mr. Sarandrea: = We’re all talking about this = liquor permit, and whether the Zoning Officer should sign it, approve it or not approve it hat facility whether it has a liquor license or not, can still operate and still have functions there, people can bring in liquor, you’re not going to stop it, they're going to have a pasta dinner, 30= 0 or 400 people there, they don’t need a liquor permit for that, and you’re still have 300 or 400 people there. In my opinion, from what Mr. Pilic= y said tonight, is that maybe we’re better off having a license there, becau= se if they do violate, if they do sell liquor to a minor or do something that = the liquor control commission doesn’t like, they’re better governed probably than our local officials can govern them. In other words if you hear they ha= d a party there 2 weeks ago and they were selling liquor to 16year old kids, now you could report this to the State Commission, they are licensed, mow they’ll license ill be revoked and they’ll never get another license again. You follow what I’m saying? Let’s= just if they don’t have the license, they can still have the pasta dinner, they can still have the meetings, and people can bring in, there’s no= law that says you can’t bring, I mean I’ve been places where you si= t on stumps and they have a big barbeque and it’s right in a residential area. They sell lobsters, ste= ak and you bring a bottle of wine, whiskey, whatever you want, you bring it there and drink it. = Now something like that, it’s governed the same as if someone had a licen= se, so we might be better served to have the zoning officer sign it, which according to our attorney it’s her duty to sign the thing. But we may be better served by them having a license than them not having a license. We don’t know what anybody&#= 8217;s bringing over there.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

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

MARCH 22= , 2006

Page 28<= o:p>

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Mr. Vaichus: If we use that logic, then why have zoning?

Mr. Sarandrea: = That’s not what we’re <= span class=3DGramE>requesting, we're not requesting the zone.<= /span>

Mr. Vaichus The zone says it’s = not for profit, that’s what the zone is stated, right now.

Mr. Sarandrea: = Well what’s going to make the liquor, just don’t make it not for profit, or for profit by them havi= ng a liquor permit.

Mr. Vaichus: If you give them a permit to sell = liquor you essentially give them the authority to operate as a commercial facility= in a residential zone. Think abo= ut what you’re doing.

Mr. Sarandrea: = They already have a license.

Mr. Vaichus: They have a liquor license for the= club which is for not for profit, not for profit.

Mr. Sarandrea: = What’s the difference, Franklin?

Mr. Vaichus: I can’t believe you don̵= 7;t know this, these are basic things that you need = to know before you make a decision.

Atty. Pilicy: There’s no decision under wh= at you’re required to decide tonight.&n= bsp; It has nothing to do for profit, not for profit, whether they make $= .15 a year or lose $1,000,000 a year, it has to do w= ith State Statute 30-44 and your regulations.&= nbsp; You either expressly prohibit it as you l= egislatively could have done, or you do not. If you do not prohibit it by an express section in the ordinance then it becom= es an administrative decision. An administrative derision means unless you can find some reason to knock it o= ut, under the Statute you must sign it. An administrative decision is in the nature of a site plan. When a site plan comes in, if it m= eets the setbacks, if it meets the area requirements, if it meets the height requirement, it meets all the objective standards, you must sign it and approve it. = You have no discretion to turn it down and that’s what we mean by an administrative decision. A legislative decision is where the zoning commission decides shall we prohib= it alcohol, or shall we not prohibit alcohol.= Why? Cause no matter w= hich decision that Commission makes, anyone appealing that decision would not prevail, because it was legislative and they have the broadest and most lib= eral exercise in discretion, but once the discretion is exercised an interpretat= ion of the regulations is strictly administrative. It’s either there or it isn't= and we know what to look for to see if it’s there or not there because 30= -44 tell us. It says the Liquor Commission cannot issue a liquor permit if there is a prohibition in the local zoning. The liquor permit application says is there a zoning ordinance that prohibits the sale of alcohol. It’s a yes or no. That’s all we’re doing.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

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

MARCH 22= , 2006

Page 29<= o:p>

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Now again there’= s been sharp debate for many years about whether the club should or shouldn’t operate for profit, what application they apply for, what they didn’t apply for, what they’ve been doing for 15 years, no one has been able= to agree eon that for 16years. B= ut none of that is technically perfect to what we have to decide now.

Mr. Vaichus: Are you saying that she does not ha= ve the authority to sign that letter? Or not sign the letter?

Atty. Pilicy: It’s my opinion that it̵= 7;s an administrative decision based on general statute section 30-44 and the cont= ents of the local zoning regulations (inaudible). Those are the only questions and if there is not expressed prohibition which the only situation where it would b appropriate not to sign, if there’s no prohibition expressly stated, = the application must be signed, has been signed every other time an application= of this nature has been presented to the Zoning Office fro the last 50 years, every single one of them has been signed.

Mr. Vaichus: Why is it that there is a letter at= all?

Atty. Pilicy: I don’t understand your ques= tion.

Mr. Vaichus: Why do they have to apply at all? If she can’t deny it, if the Zoning Officer cannot deny it, why is there a reason to apply it at all.

Atty. Pilicy: Because maybe last month the Zoning Commission passed an amendment to its regulations to prohibit the sale of alcohol. The State doesn̵= 7;t know that. The State is asking one= question of the Zoning Officer – do you on the date you using this application have an expressed prohibition on the sale of alcohol at this location, yes = or no, and that application, if there are 10 applications and 10 (inaudible) s= ame question has to be answered. Again the Zoning Commission messed= up, (inaudible) and adopted an amendment to the ordinance that prohibited the sale of alcoh= ol everybody (inaudible). Every = time an application comes fro the applicant in the future, the answer is no. (Inaudible) you have a prohibition= . (inaudible.) But it’s up to the local tow= n management to say when they’re going to prohibit alcohol and put them in the reg= ulations, end of discussion (inaudible).

Mr. Vaichus: Is it a prohibition based on the in= tent of a residential zone?

Atty. Pilicy: In my opinion, no.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

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

MARCH 22= , 2006

Page 30<= o:p>

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MOTION:       (Ms. Bisson, sec. Mr. Swingle) to Close the Public He= aring for Application #817 of Distasi Catering LLC, d/b/a Grand Oak Villa got app= eal of decision of the Zoning Enforcement Officer concerning refusal of the ZEO= to sign the State of Connecticut Application for Liquor Permit for Grand Oak Villa= t 500 Sylvan Lake Road, Oakville, CT.

Discussion:       None<= o:p>

MOTION PASSED UNANIMOU= SLY

Public Hearing Closed at 9:48 p.m.

&n= bsp;

Respect= fully submitted,

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&n= bsp;

&n= bsp;

Enrico = Sarandrea, Chairman

Zoning = Board of Appeals

  &nbs= p;         _________________= _________________

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

Richard Bruno, Attorney Representing Applicant