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GENNEWS OR PAGE ONE

TOWN SEEKS INJUNCTION

ON LOCAL WINERY

B Y S TEVE B IGHAM

The Legislative Council Wednesday night directed Town Attorney Dave Grogins to

seek an injunction against McLaughlin Vineyards for operating a business in a

residential zone without a permit.

The Alberts Hill Road winery has been battling the town over its right to hold

wine-tasting parties and summer jazz concerts on its property for years. Town

officials advised vineyard manager Morgen McLaughlin to apply for a special

exception with the Planning & Zoning Commission, which, if approved, would

allow her to legally hold many of the events she currently puts on.

When no application ever came in, the Board of Selectmen finally lost its

patience. Earlier this month, selectmen endorsed a plan to seek a court order

to cease-and-desist any actions at the vineyard that do not fall under the

regulations. The council gave the final okay Wednesday.

However, Ms McLaughlin has said all along that she had been planning to file

for the special exception, but was unable to do so until after she received

approval for a driveway permit from the Conservation Commission. That approval

finally came last week, and Ms McLaughlin now says she'll file for the special

exception once a site plan is finalized.

"We're moving forward," she said Monday.

The town, however, is going forward with the injunction, which isn't expected

to affect business at McLaughlin Vineyards, since most of the events in

question go on during the summer. Nevertheless, Ms McLaughlin said she is

upset. She said she had to wait until receiving approval for the driveway

plan, and now has found that the earliest she can get on the P&Z agenda is

January.

"No matter what we do, the town's taking us to court," she said. "If the

town's litigation goes through, I'm going to counter-sue."

According to Mr Grogins, a special exception would only allow the vineyard to

sell wine and hold wine tastings. It would not allow jazz concerts, a use

which would require an amendment to the regulations.

Ms McLaughlin said wineries in Stonington, New Preston and Litchfield

currently hold concerts on site, and she has begun researching the issue to

determine how they are permitted under the various towns' land-use

regulations.

Ms McLaughlin said work on the driveway is expected to begin later this month.

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