Date: Fri 04-Oct-1996

By STEVE BIGHAM

Published: Aug 11, 1999 12:00 am

Publication: Bee

Author: STEVEB

Quick Words:

McLaughlin-Vineyard-injunction

Full Text:

Selectmen Press For Injunction Against McLaughlin Vineyards

B Y S TEVE B IGHAM

The Board of Selectmen Monday night endorsed a plan to seek a court-ordered

injunction against McLaughlin Vineyards for operating its business without a

permit.

The Alberts Hill Road winery, located in a residential zone, has been battling

the town over its right to hold wine tasting parties and summer concerts on

its property for years and, recently, the town issued two cease-and-desist

orders against the business. Losing its patience as it watched commercial

events continue, the town began discussing possible legal action against the

vineyard in September.

Just two weeks ago, however, general manager Morgen McLaughlin vowed she would

finally apply for the required special exception in order to comply with the

regulations.

By early this week, however, there appeared to be no effort on the part of the

vineyard to comply, according to Zoning Enforcement Officer Bill Nicholson.

"They're telling me they're going to comply, but I don't have an application

in front of me," he said Tuesday. "I feel we should proceed until we get it."

Town Attorney David Grogins explained that even if McLaughlin Vineyards does

come in with an application, it still won't be enough.

"The real issue is that they're running an commercial outdoor catering

business. That activity is not permitted in any of the regulations," he said.

Commercial operations are not allowed in any residential areas, according to

the town's zoning regulations.

In mid-September, Ms McLaughlin and her attorney Howard Naylor met with Mr

Nicholson to make sure the vineyard filed all the necessary applications in

order to receive the required special exception. Ms McLaughlin has already

filed an application with the Inland Wetlands Commission for approval of an

improved driveway.

Mr Naylor was unaware of the town's decision to seek an injunction Tuesday,

but when told, he said McLaughlin Vineyards is still in the process of

preparing a special exception application and plans to meet with Planning &

Zoning chairman John DeFilippe in the coming weeks.

Last month, First Selectman Bob Cascella said he was hoping to avoid taking

Mclaughlin Vineyards to court and said any more talk of litigation would take

place only if the winery did not take steps to comply with the zoning

regulations.

The Board of Selectmen now must seek funding approval for the legal action

from the Legislative Council.

Second Injunction Sought

The selectmen also decided to seek an injunction against Alice Loomis of 15

Botsford Hill Road for storing construction equipment in a residential area.

Mr Nicholson said he's observed a large pay loader, an 18-wheeler, an

abandoned vehicle and a dump truck littering the property's back yard.

He's written letters to the homeowners but has not seen any compliance.

The Legislative Council still must approve funding for the legal action.

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The editorial took no position on the budget going up or down so you're reading things into the editorial that simply aren't there. The turnout is tied to the lack of passage, in that people who came out to vote last time did not this time, indicating a lack of support on their part. Perhaps it wasn't spelled out clearly enough, but that's what the editorial was driving at, people showing lack of support by not casting a vote. The editorial did address likely concerns among voters that may have led to lack of support and lack of turnout. This lower turnout also follows increasing turnout over the past four referendums in three years (meaning it is an aberration from that), and increased turnout is something that I do push for regularly in editorials. Any disappointment you might be seeing is at the break in that trend, not at whether the budget passed or not. I'd rather see more people come out and vote "no" then not vote at all.

Lower Turnout Results In Two Budget Defeats

Clearly, property owners no longer want to bear the burden of expenses while the state does not meet it’s responsibilities. Rising costs must be addressed by actions that do not include yearly increases of property owners’ taxes. The state of CT must meet its share of the educational costs, and other costs.

Town And School Budgets Fail At Referendum

This feels like an oddly misleading headline and narrative, particularly coming from the Editorial Board. The headline "Lower Turnout Results in Two Budget Defeats" pushes a misleading narrative regarding voter turnout, and then seeks to tie the outcome of the referendum to that misleading narrative. Sure, voter turn out for this year's referendum, 18%, was lower than last year's. However, last year's turnout, 25.4%, represented the highest turnout in the most recent 10 budget referendums. If you take the time to examine turnout percentages between 2017 and 2026 (2017: 19.9, 2018: 15.7, 2019: 17, 2020: 0, 2021: 8.98, 2022: 7.7, 2023: 8.8, 2024: 15.1/17.49, 2025: 25.4, 2026: 18), this year's turnout was actually the third highest in the past 10 cycles. Perhaps the headline of this article should say "Lower Voter Turnout Than Last Year", which is more accurate, rather than creating an impression that this year's turnout is some type of aberration - a narrative that the turnout numbers, in all their binary glory, simply do not support. Further, the headline of this article appears to tie the "lower turnout" to the defeated budgets. Sure, that could be true. But, perhaps, its more likely that Newtown residents are feeling the squeeze of multiple economic influences. In Newtown, we've experienced property revaluations and increased municipal spending. Eversource continues to raise rates. The state legislature gives PURA the authority to impose Public Benefit charges that benefit a tiny percentage of the public (and subsequently burdening the rest of us). At the national level, inflation has run rampant for years and many of those costs remain high to this day. In short, the data tells a far less dramatic—and far more honest—story than the headline suggests. This wasn’t an electorate vanishing in apathy; it was a fairly typical turnout delivering an verdict that, perhaps, some at the Editorial Board didn't like. At some point, it’s worth considering that residents aren’t confused, disengaged, or misled by turnout; they’re simply doing math at their kitchen tables and concluding that “no” is the only responsible answer left.

Enjoyed the forum which only confirmed my support for Brandon Moore as the Democratic candidate to run for the state representative position. Brandon Moore did not waiver about his duty to all the people, if elected, when an issue presents itself that requires that he voice a difference of opinion for the wellbeing of Newtown residents. If Michelle Ku’s 16 years have led to her loyalty being to other elected officials, as she implied, then Newtown is going to continue to witness actions that do not protect its residents. She could not unseat republican, Mitch Bolinsky, during a Blue Wave, and once again, will not do it now. Winning that seat is critical for all. That explains why her previous campaign committee now campaigns for Brandon Moore. It explains all the endorsements he has received from local elected democratic officials. It’s why we need Brandon Moore to be the democratic candidate to run for state representative.

Second Newtown DTC, League Of Women Voters Candidates Event Planned

Appreciated the opportunity to hear from both candidates as we were present for the College Dems forum but only heard from Brandon Moore. It was an opportunity to see who can unseat the Republican incumbent and there is no doubt that Brandon Moore should be the Democratic candidate. One concerned parent posed a question about discrimination unaddressed by the school district and interestingly enough, Michelle Ku, who proudly speaks of her Board membership years, said little, while Brandon Moore passionately addressed the issue along with his experience as an Apache Helicopter Commander. This family is supporting Brandon Moore. We need change and someone who is not afraid to disagree, especially about the rising costs of living in Newtown.

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Date: Fri 04-Oct-1996

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