Reader’s Digest summary of the VIP situation:

(The photo above shows the sign at the corner of my front yard. It serves as a sort of “message center” for the neighborhood. This message has been up since Nov. 2, the day after the ZBA meeting, where the Zoning Board of Appeals upheld the zoning officer’s rejection of VIP’s business application.)

This is the jist of a letter I sent to Attorney General Richard Blumenthal today.
(He may not be able to help as this is a town issue rather than a state one, but- who knows… several others have sent letters too!)

This pretty well summarized what has happened to date:

My name is Laura Michaud. My family and I live at 29 Woodruff Circle, Berlin, a side street off Rt. 15/Berlin Turnpike, which is the entry to a neighborhood of 144 single-family homes.
VIP (Very Intimate Pleasures), an “adult super-store” has purchased the vacant 14,500 sq. ft. former furniture store that literally abuts my yard, as well as 3 other homes.
This business applied for a retail business permit in Sept. ‘06, and was denied, on the basis that they are a sexually oriented business (SOB) and that property is not zoned for this use under Berlin’s existing SOB ordinance (must be 250′ from residential).
VIP’s attorney, Daniel A. Silver, appealed that decision to the Berlin ZBA on the grounds that:
A.) VIP is not a sexually oriented business, that they are a “romance shop” catering to women and couples, rather than single men, and therefore should not be considered a “sex shop.” These “romance shops don’t create the “secondary effects” the “old-fashioned” sex shops were found to create, back in the “out-dated” studies.
B.) That only 14% of their merchandise could be considered “sexually oriented” (have you ever gone into one???)
C.) Berlin’s sexually oriented business ordinance is unconstitutional.
D.) Berlin’s zoning officer did not have the authority to enforce the town’s SOB ordinance.

After a 4 hour meeting on Nov. 1, 2006, at which Silver consumed over 3 hours of that time, the Zoning Board of Appeals upheld the zoning officer’s decision to deny their business application.

Attorney Silver is now suing the town of Berlin in Federal court over the SOB ordinance and in state court about the ZBA decision.

There have been no rulings on these matters as of yet, but the U.S. District court did rule last week on a similar suit that Atty. Silver brought on behalf of a strip club in Berlin. Judge Warren Eginton found in favor of the town in regards to Berlin’s SOB ordinance and it’s constitutionality, as well as the Town Council’s right to administer the compliance to the SOB.

On the day this ruling was announced, last Thursday, Jan. 18, 2007, a sign company showed up at the VIP location and erected large signs proclaiming “Opening
Summer ‘07″. These signs are illuminated all night long. I immediatly notified the town that signs were going up. They did not go through proper channels or receive permission to erect signs. A “stop work” order was issued but the sign company was done and gone before it could be served.

On Saturday, Jan 20, 2007, a tractor trailed pulled up to their loading dock. I reported this to the Berlin Police, who did come and temporarily stop the activity
until it could be confirmed with the town’s attorney that they could bring boxes in. They were allowed to continue.

On Monday, January 22, 2007, a “Cease and Desist” order was issued and sent to VIP attorney Daniel Silver, insisting they remove the signs, which were put up illegally with out any permit to do so.

Additional deliveries have been made, soome town officials have been inside, getting the impression that they are setting up shop.

This business seems to be sticking the middle finger to any town authority. I feel they are going to just open and say “see if you can stop us.”