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1997/02/20XI. Review of Minutes a. January 9, 1997 A motion to accept the minutes as presented was made by Mrs. Carey, seconded by Mr. Weiss and carried unanimously. b. Sanuary 23, 1997 A motion to accept the minutes as amended was made by Mrs. Carey, seconded by Mr. Weiss and carried unanimously. A motion to go into Executive Discussion to discuss the litigation concerning Manafort Brother Realty was made by Mrs. Carey, seconded by Mr. Zismont and carded unanimously. The time was 9:20 p.m. A motion to come out of Executive Session was made by Mrs. Cares/, seconded by Mr. Weiss and carried unanimously. The time was 9:41 n.m. A motion to adjourn was made by Mrs. Carey, seconded by Mrs..l'orsey and carried unanimously. The meeting adjourned at 9:42 o,m. ~s~fi, R~or~ting Secretary MINUTES OF SPECIAL MEETING FEBRUARY 20, 1997 On Febmasy 20, 1997, at 7:00 P.M., in the Council Chambers the Berlin Planning and Zoning Commission held a Special Meeting on the proposed Adult Entertainment Regulations. PRESENT: NOT IN ATTENDANCE: Bruce Moore, Chairman Edward Egazarian, alternate Joan Carey, Secretary Dr. Martin Harwin, alternate Robert Weiss Robert Holmes, alternate Timothy Zigmont Diane Jorsey Kenneth Jovin Ronald F_delson Brian J. Miller, Town Planner Stephen Harris, Planning Intern .At .~00 P.M. ~ pu~ic heanng was called to order. The legal mYace was read into the record .1~ mc ~ecretary, Joan ~arey. ~ ~:, ...... ~-~ C'halrman Moore briefly pointed out ~ th~ Cormmss~on was strictly a land-use Commission afld~ as such is only concerned with land-use issues. ::: L~' ~- Secretly Carey ~ into the record a le~r from M~yor Rag~.zi referencing a perilion of ei~s expressing their opposilion to the licensing of an exotic dancing establishment in th~ town. ~ \ PUBLIC HEARING: Lori..G.u. nther of 184 Grnndview Ave., Kensington spoke in opposition to the p~escnt eSta.. ~lS~t on New Britain Ave. stating that it would bring drugs and prostitution to the neighborhood. She further stated that her definition of a restaurant was a place where one could bring a family and that this establishment, in her opinion, did not meet that criteria. Pastor Scott Shemeth of Christian Life Church, 496 Kensington Road spoke in favor of the proposed Adult Entertainment Regulation. Nancy Blake of 169 Hart Street stated that she felt the Zoning Regulations were supposed to bring prosperity to the town and to create an air of tranquility. She did not think that the present ~'tablishment would accomplish that end. i ! Mr. Miller, the Town Planner, briefly described the scope of the proposed regulations and offered ~a=a~__e_~,nd, me~ nt to the, I~an..g~nge that w.ould nxiefine the meaning of the term "Adult Entertainment na~t . t ne new oe~nmon would m~aclen the meaning of the term and would bring in more potential activities under the aegis of the proposed regulation. A motion to close the public hearing was entered by J'e~n Carey and seconded by Ken $ovin. By a unanimous vote the public hearing was closed. GENERAL DISCUSSION: Clmirman Moore Jenda genend discussion of tim proposed regulation and opened the issue for fmther discussion. Commissioner Carey asked Mr. Miller, the Town Planner, about the distances mentioned in thc propose, d regulation. Mr. Miller responded that the distances arc commonly measured from boundary line to boundary line. Commissioner Weiss pointed out a typographical error in the regulation which was dully nolid for correction. Commissioner Weiss further voiced concern over the definition of "Adult Cabaret"; specifically whether thc category of "lmpcrsouators" should be included. His feeling was that many times this type of entertainment does not neeessarily fall under thc umbrella this regulation seeks to address. Chairman Moore stated that the specific wording could be addressed at a future dali to alleviate any concerns. Commissioner Zigmont stated that thc town of Newington's definition of Cabami would probably suffice for this Commissions purposes. Mr. Miller then stated that thc category of impersonators ~.Oor~d be su?cess, fully add .r~sed.. witho,ut .dama..g!ng the intent of the regulations. Commissioner u~y expresseo concern that lhe regmal~on dio not address such entertainment for pe~ons under twenty-one. Mr. Miller responded that that would not be in the purview of Zoning Regulations; state laws would come into play regarding adult entertainment and minors. Commissioner Jorsey also stated that she felt that the distance measurements could be written more stringenlty, in terms of dlstances between such establishements and residential zones, as they are in some other towns. Mr. Miller answered that the regulations could not be written so tightly as to exclude Adult businesses altogether, that might not be legally defensible. Furthermore the use would be allowed ~edYiinq.~e___C-~e.,.n_e~,~_C_ o__m_m~cial, zon.,es, .whi.c.h con..~i.'tu~ a sm~.. I..paR of thc town, mostly along the ~,-J, -muta~c. ~ ~c map snowing me lOCation olme oenePaJ t-.ommercial zones throughout the town was referred too to point out jnst where Adult uses would be allowed. Mr. Miller stated that any proposed Adult Entertainment use would be subject to a special permit. Commissioner Jorsey .s,ta.ted .tim. t..for the .sake of clarity the distances between any Adult use should state in the language mat saut ~hstance is between boundary lines, and not door-to-door. Commissioner Zigmont motioned that the regulations be approved subject to: · A change in the definition of the term "Cabaret". · A com~on of the typographical error. · ~ I .a~gua.ge c _h~.ge prese, n. lid by Mr. Miller at the start of the hearing. ·/~ clanrlca~on otthe meaning of the distances between boundaries. Commissioner Carey seconded the motion. Mr. Miller suggested that the reasons for acceptance of the regulations would be that they: ~ Are consistent with the Town Plan of Development ~Th~ey fur~,e.r. ,th~,?ntent of the Zoning Regulations in that they help in protecting the Heulth oatety ano welzare of the Town of Berlin. · And that the regulations should go into effect February 21, 1997. Commissioner Zigmont made a motion to accept the suggestions of Mr. Miller. Comm/ssioner Carey seconded the motion. The motion to approve the proposed regulations was unanimous. The Spec/al Meeting was terminated at 7:40 P.M. Respectfully submitted doan (:~r'ey/Seere_tary sr~Gi Ham's, ,!