V.I.P. appeal withdrawn
Posted Friday, September 25, 2009 - 9:47am
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The business owner who filed an appeal challenging the decision by town employees to allow adult mega-store V.I.P. to open on Queen Street withdrew the appeal Tuesday, just hours before the zoning board of appeals was scheduled to consider it.
More than 50 residents supporting the appeal — and opposing a V.I.P. presence in Southington — attended the meeting, many hoping to speak during the public hearing. However, the opponents were greeted by a printed sign on the auditorium doors at Joseph A. DePaolo Middle School.
“WITHDRAWN,” the sign said in red capitals.
The board cancelled the planned public hearing because the appeal was withdrawn.
After an unrelated public hearing ended, a member of the audience asked for some clarification about what happened with the appeal.
Assistant Town Attorney Joseph DePaolo Jr. said the V.I.P. would likely open.
“Right now they have a zoning permit to operate this business,” DePaolo explained. “This type of business is constitutionally protected.”
DePaolo said it was unlikely another appeal could succeed.
“I think what you may find is that the period to file an appeal has run,” he said.
DePaolo said the decision to withdraw the appeal came suddenly.
“It happened literally a few hours ago,” he explained.
Separately, the planning and zoning commission will consider a moratorium on sexually oriented businesses with a public hearing scheduled for Oct. 6.
The town expects to place a moratorium on any new sexually oriented businesses opening in Southington as well as restrict any such existing businesses from expanding.
Town Planner Mary Savage told the Planning and Zoning Commission that a moratorium can be used to temporarily halt certain types of businesses. “The courts are very strong about this. It must have a clear purpose and clear term for the moratorium,” she said.
Savage suggested the proposed moratorium be in place for eight months to give the commission time to review its existing zoning regulations and possibly add more wording to the section on sexually oriented businesses.
Savage said the temporary prohibition can’t be put into effect until the town receives comments from two regional planning agencies as required by state law.
The plan to halt any new sexually oriented businesses from opening in town, at least for the time being, stems from a recent zoning approval to allow a VIP adult store to open on Queen Street. Under the town’s zoning regulations the V.I.P. store, which stands for Very Intimate Pleasures, meets the requirement that the inventory of sexually oriented products be less than 10 percent of the total merchandise on display.
The moratorium, according to Deputy Town Manager and Town Attorney Mark Sciota, would not stop a store similar to V.I.P. from being approved. Instead the prohibition would apply to businesses that provide a greater percentage of sexually oriented products, such as x-rated DVDs and magazines.
Three existing businesses in town that have more than 10 percent of their inventory defined as sexually oriented will be prohibited from expanding, Savage said.
“This doesn’t go far enough, fast enough. We should define what a sexually oriented business is,” said commission alternate Steve Kalkowski. Savage said a subcommittee could be formed to take on that responsibility.
Sciota said the pending decision on the court case between the town of Berlin and a V.I.P. store in that town could guide Southington in its future regulations. About three years ago, Berlin sued to keep a VIP from opening on the Berlin Turnpike. A U.S. district court ruled that the town's regulations governing adult-oriented stores were unconstitutionally vague. The Berlin store opened for two days in late July before a federal appeals court issued a stay, causing the store to close until a ruling is made.
Dominick DeMartino, the owner of four VIP stores in Connecticut, has said he expects a ruling on the court case in mid-September.
“I don’t want to go into regulation changes until we know we can make a law that stands,” said commission Secretary James Sinclair. He said he supports the moratorium in the mean time.
Commission member Dawn Miceli asked if any applications similar to V.I.P. are submitted to the planning department, they be brought before the commission as a professional courtesy. She was referring to the VIP approval in early August that was done as an administrative action with no comments from the commission. Under town regulations adult oriented businesses don’t require a public hearing or approval by the commission.
Sciota said if such a case occurs the application will be brought before the commission as part of the administrative review process.
The commission voted unanimously to approve the public hearing on the moratorium.
— Leslie Hutchison contributed to this report.
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