CT Legislature proposing bill dealing with SOBs

Yesterday I attended a CT state General Assembly public hearing of the planning and development committee. They are working on a proposed bill, Raised Bill 6993, which deals with locations of adult businesses, hours of operation and defining adult businesses. The idea is to have some uniformity in place for towns to base their sexually oriented business ordinances on, and to strengthen support for towns to do so.

There is still a lot to be worked out with this bill, particularly setting a distance of 1000 feet. This would not work for many towns, as it might leave no available land suitable for an adult business, effectively zoning them out of existence in that town.That IS unsconstitutional. Also, this bill seems to only be addressing public buildings. They should also address residential property.

This was my first experience seeing state government in action.
Berlin Mayor Adam Salina was there, and was the first member of the public to speak. He thanked them for addressing this issue, and gave an overview of Berlin’s situation with VIP, and brought a copy of Berlin’s SOB ordinance for them.
Rep. Art Feltman, of Hartford, seemed very interested and asked questions concerning the current Hartford battle being fought using the proximity to a trash museum. He wanted to know what was the impetus for drafting our SOB ordinance, and anyone was aware of any studies showing the impact of SOBs on children.

Sen. Donald DeFronzo spoke next. It seems he has submitted a seperate bill aimed at addressing billboards for SOBs. He spoke about that, and took some questions, most of which he did not have ready answers to about advertising regulations, etc. and it was agreed that furth study would go into this issue.

Then, much to my surprise, AG Richard Blumenthal came in and spoke. He praise Berlin’s official and state reps and citizens for our vigilant efforts to protect our town and children, and reiterated his committment to assist us in our fight. He praised the committee for raising the bill and stated that his office was available to assist the legislature in wording this bill as effectively as possible. They asked him a few questions, and started bringing up alot of banter about existing non-conforming usage.

Silver spoke next. He had submitted written testsimony ahead of time (this probably spared us hours) and then the situation really seemed to be about our specific situation, like they were all going to take a vote then and there as to the outcome of our case! That made me somewhat nervous, as this was not the time or place.

A lobbyist went next on an unrelated zoning issue.

Then it was my turn, and, to be honest, I am not entirely sure what I said!!! It turns out you only have 3 minutes! I started by thanking them for addressing the issue. I was not expecting anything today to effect my specific situation, but that I was there as a citizen whose life was being directly effected by an SOB locating next to my home, and I wanted to help them to prevent others from being in the same situation. I held up one of the large photos of VIP and my house to show them how close it was.
I expressed my concern about the dictated distance of 1000′ and why that would not work for every community, that I would like to see the bill require each town to have an SOB ordinance, tailored to the specifics of that town, and urged them to work
with Blumenthal’s office to create a bill that is passable AND will hold up in a court of law.

Clearly this is an issue that could effect many towns in the future, and all eyes seem to be on what happens in Berlin.

Infra/Red Remonstrance Hearing canceled!

The Remonstrance Hearing on the issuance of a liquor license at the former Infra/Red Cafe by the CT state Liquor Commission, scheduled for Thurs. February 22 has been canceled, as the owners have withdrawn their application for a liquor license.

Let’s hope this means they will sell the property and it will be used in a more neighborhood friendly manner.

According to the Department of Consumer Protection (of which the liquor control commission is a part) a remonstrance is the opportunity for the general public to voice its formal objection to either a new liquor permit application or to the renewal of an existing liquor permit within its town.

Berlin resident Kurt Kemmling filed the remonstrance to keep the new owners of the former “Infra/Red Cafe” strip club from getting a license to re-open as a bar. The new owners wanted to open a bar/strip club called “Emerald City” in the location, which has been the subject of a recent lawsuit against the town (filed by Attorney Daniel Silver, who also represents VIP, and it would seem, practically every adult entertainment business east of the Mississippi.)

A Supreme court judge ruled last month that the town of Berlin’s SOB ordinance IS constitutional, and the town had a right to deny the application for a strip club in this location, as the previous owner (who had been grandfathered in) had let the license expire.

For more on the court’s ruling on Berlin’s SOB ordinance in this case click here.

For more on how Kurt Kemmling fought this strip club using a remonstrance (and the award he got from local newspaper “The Berlin Citizen,” click here.

Signs are down!

I arrived home from work this afternoon to find the signs are down!

While this does not mean anything as far are the final court decisions go, it still feels good to not have to look out my window and see the VIP sign glowing back at me.

It seems the main goal of the signs going up when they did was as billboards for Valentine’s Day (a big day for “romance shops!”).

As I write this I just glanced out my living room window, only to see the VIP mobile billboard truck go by.

A small, short lived victory, but it still feels good!

Nearly 100 attend Community Forum

Nearly 100 people attended our informational community forum last night at the Peck Library.
We didn’t know whether it would be just our regular meeting members or how many would come, so I think having 100 people come out on a freezing weeknight in February is a great turnout.
Karen S., the moderator for the evening introduced the invited guests, who included Connecticut Attorney General Richard Blumenthal, Berlin Mayor Adam Salina, Berlin Police Chief Paul Fitzgerald, Senator Donald DeFronzo, and state reps. Cathy Abercrombie and Joe Aresimowicz.
Karen read a letter of support sent by the Berlin Clergy Council, then started with the question and answer portion of the meeting. Each invited guest was sent a few questions ahead of time to be able research answers if need be. Fifeteen minutes was slotted for each guest to address the questions.

Mayor Salina addressed the issues of the signs being erected without permits, the cease and desist order issued, and said “Allow them to cover the signs or take them down, and we’re also hoping to have some type of assurances, preferably in writing, that they will not open prior to obtaining their certificate.”
He also discussed the recent town council vote to allot $25,000.00 to hire the law firm Wiggin and Dana to assist Berlin’s corporate counsel in this legal battle.

Attorney General Richard Blumenthal began by holding up this weeks Berlin Citizen paper and commenting on the cover photo of a 3 year old girl who’s view out her bedroom window is of the VIP signs, which are illuminated at night.
“I am a parent. I have four children,” he said. “And I know how upset I’d be if I was in your shoes … seeing this kind of establishment move in.”
Blumenthal went on to say that while his office does not have jurisdiction over town zoning matters, they could file an “Amicus Curiae,” or Friend of the Court brief as an interested party, and offer his office’s legal assistance to Berlin’s town attorney.
The AG told us that he was not there just to do us a favor, but that this was an important issue that did not effect only Berlin, but if not here, could just as easily be happening in any other town. He went on to say he would be checking with attorneys general around the country to address these types of stores.

Senator Donald DeFronzo brought with him and discussed copies of a proposed bill to the General Assembly concerning zoning regulations of adult businesses. The bill is now in committee. He mentioned one of the topics Mr. Blumenthal brought up about age requirements to enter these stores as something the state senate could also possibly address.

Berlin Police chief Paul Fitzgerald addressed some of the concerns about deliveries being made to the store (at the meeting it was suggested that trucks were delivering merchandise at night… there is some misunderstanding about this. I am right next door and have not noticed night time deliveries. It is the mobile billboard truck that comes at night, NOT delivery trucks.)
Fitzgerald also heard concerns about traffic, stop signs, a ‘no left turn’ sign and developing a neighborhood block watch.

Cathie Abercrombie and Joe Aresimowicz addresses the crowd together, commenting on the many phone calls and e-mails each has received on the subject. They joined the other state officials in agreeing that there are some aspects of this subject which may be able to be addressed by legislature.

All agreed that this was not an isolated problem of one neighborhood, but effects the community as a whole, as well as other communities.

For more on this community forum, read this Courant article from today’s paper.

Every house has a story…

I have gotten a variety of comments since this whole VIP thing began in September.
At one end of the spectrum are comments that I somehow was asking for it (to have a sexually oriented business located next door to me) because I was “foolish enough “ to buy a house located off of the Berlin Turnpike.
At the other end of the spectrum, I have been accused of being a “typical Berlin holier-than-thou housewife who has a pathetic life and nothing better to worry about.”
These are unfair assumptions.
I bought my house in 1992. I was a 27 year old widow with a 5 year old child.
My first husband died when my daughter was 13 months old. A year later, I managed to find a basement apartment in Kensington (a rarity) so I could be closer to my parents, who really wanted me to move back to their house.
(A little side story: the Kensington apartment was $250 a month more than the East Hartford apartment I was leaving. I took a leap of faith that I would find the money somehow… three days after moving in, I got a letter from Social Security saying they had miscalculated my daughter’s monthly survivors benefit and we would be getting an additional-you guessed it, $250 a month! Retroactive. I was finally able to pay off the funeral expenses as well.)
We lived there for about 3 years when interest rates got low, and I started to think about buying a house. I got pre-approved and started looking. I wasn’t pre-approved for very much. I wanted to stay in Berlin because my parents helped so much with my daughter.
For nearly a year I looked at every reasonably priced house on the market.
I ate ramen noodles for lunch for months. My daughter didn’t ask for cookies at the grocery store, she asked if we had a coupon for cookies. I cut every corner imaginable to save for my own home.
When we came to see this house on Woodruff Circle, my daughter noticed it right away: “Mommy, Elvis is everywhere!” The previous owner was a huge Elvis fan, and had memorabilia all over the house. And orange shag carpeting. But underneath were hardwood floors! And there was a fireplace… and a garage… and a porch!
It was just a bit over my price range, but it offered so much more, and the neighborhood was much nicer, than all of the other homes I had looked at. There was just one issue.
The wooded lot next door, which fronted on the Berlin Turnpike, was just purchased, and a Thomasville Furniture store was going to be built.
I remembered this location as being a town park & rec site when I was a kid. I was concerned that if the furniture store closed, maybe a bar, or a restaurant, or a gas station could go in there.
I called the town, and was assured that the location could only be zoned for similar retail use. It could never be zoned for a bar or food service, or anything else. I decided I could deal with an upscale furniture store. Back then (this was even before the general public knew about the internet) there was no such thing as a 15,000 sq. ft. “adult” shop! I don’t know anyone who could have imagined it at the time.
I took another leap of faith.
Thomasville opened a few months later. They were very, very good neighbors for about 10 years. They were open 10am-5pm, til 8 on Thursdays. There was not ever a problem.
There were lots of kids in the neighborhood for my daughter to play with. We made friends, many like family.
I worked full time and most of the time had a second job on weekends. I hosted open houses for a builder, I did filing in an office – mostly jobs I could bring my daughter with me. If not, she would go to a neighbor friends while I worked. Money was always tight, but I managed pretty well!
Fast forward to 2006… Over the years, I’ve added 2 rooms to the house, new roof, siding and more. I added a new husband in 2001, and a new baby in 2002! We decided to stay on Woodruff Circle for the time being… we like it here.
My older daughter graduated from high school, my mother-in-law moved in. Things are really quite good. Maybe we should start thinking about a bigger house soon.
Then the article about VIP appeared in the paper.
So… those plans are on hold.
I have had bigger problems in my life, BUT, this is a problem I might be able to do something about.
We have lots of things going on in our lives, but I didn’t work this hard for so long to have this type of store diminish my property values or the quality of life for my family.
Every house in this neighborhood has a family and a story.
I actually understand the comment about holier-than-thou Berlin housewife attitudes (that could be another whole blog), but this is not a neighborhood full of people like that at all.

It’s about the ZONING

Click to enlarge this VIP billboard from September 2006.

Whether or not I personally approve of pornography, sex toys, or any other aspects of what a sexually-oriented business is selling has nothing to do with why I oppose VIP opening next door to my home. This is also not some snobbish “NIMBY” Not In My Backyard attitude. These businesses should not be in ANYONE’S backyard.

I have heard some people say that stores like this have no right to exist. That is not true. Stores like this have a legal right to exist. But they do not have a right to exist within 250 feet of residential property in the town of Berlin, CT.

In the billboard shown here, VIP advertises the sale of “adult toys,” and then dubbs itself CT’s Largest Adult Store. Adult stores fall under SOB ordinances. Shortly after this photo was taken, all versions of this billboard came down and were replaced with ones that were careful not to mention “adult toys” or being an “adult store.” That is because they decided to declare themselves a “romance shop” to get around the SOB ordinance.

Although the Court has upheld, as a matter of constitutional right, the sale, lease, or rental of non-obscene, sexually oriented materials or services, the court has stated that communities have the right to regulate SOBs in order to minimize or eliminate the adverse secondary effects commonly associated with these types of businesses.

It is now up to a judge to decide.

Meeting on Thurs., Feb. 8, 2007

The NO VIP (Neighbors Opposing Very Intimate Pleasures) group has set up a Informational Forum with various town officials.

The meeting is scheduled for Thursday, February 8, 2007 from 7-9pm in the Community room at Peck Memorial Library in the Town Hall complex.

We have invited Mayor Adam Salina, Berlin police chief Paul Fitzgerald, State Rep. Joe Aresimowicz, State Rep. Cathy Abercrombie, Sen. Donald DeFronzo and others to discuss various aspects of the situation. This is an informal question and answer meeting to address the many questions residents have as to where things stand.

Please feel free to e-mail any questions you may have to:
novip@sbcglobal.net

We will prepare a list of questions and concerns beforehand, as time is limited, and we want to address as many concerns as possible.

I will be posting this info on “The Sign” as well.

Who are the people in your neighborhood?

They’re the people that you meet, when you’re walking down the street…
They’re the people that you meet each day! (from a Sesame Street song)

My neighborhood is a really nice neighborhood. It is not an upscale neighborhood of “McMansions”, nor is it a “housing project” of identical homes on identical lots. It is a mix of styles, sizes and people. There are ranches, capes, colonials, raised ranches, contemporary-styles. Many were built in the 50’s & 60’s, some in the 70’s and 80’s and a few even more recently. All are well-kept. None are ostentatious. It’s just a nice, “regular” neighborhood, and we like it this way.

Many have lived here since these homes were built. Some have bought the homes they were raised in, and are raising their children here. Some, like Lenny and me, grew up elsewhere in town, went to school here and want to raise our kids here. There are plenty of folks from other places, too, who found this neighborhood and wanted to stay. From New Britain, of course, and Newington, Middletown and Bristol. There are families from Poland, Lithuania, Bosnia and Vietnam. We all call Webster Heights home.

We come from all walks of life as well… teachers, construction workers, newspaper editors, accountants, real estate agents, lawyers, many small business owners, doctors, grocery store managers, technicians, nurses, funeral directors, engineers, mechanics, graphic artists…

Over the years, I have come to know many of these people… mostly through my children, or my dogs (funny how that is!). Some have become close friends, others I only have known to wave to. If there is a silver lining to the VIP situation, it is that I now know so many more of my neighbors. We have “bonded” in our fight to protect our neighborhood!

I have come to make new friends at our neighborhood meetings. I would never have been more than a “waver” to many people whom I now call “friend.”

As the homeowners located closest to this proposed store (“ground zero” is the tongue-in-cheek nickname for my yard) I can not overstate the gratitude and appreciation Lenny and I have for all of these people who are working together to oppose this store.

Thank you.