Date: Fri 18-Sep-1998

Publication: Bee

Author: ANDYG

Quick Words:

McLaughlin-Vineyards

Full Text:

Planners Look At Changes Proposed At The Vineyard

BY ANDREW GOROSKO

After years of conflict, including court battles, over McLaughlin Vineyards'

not complying with the town's zoning regulations, the vineyard has submitted a

zoning application for Planning and Zoning Commission (P&Z) review.

The P&Z and Morgen McLaughlin of McLaughlin Vineyards, have squabbled for

years over how the vineyard uses its property. The zoners contend the vineyard

does not meet the rules. Ms McLaughlin has maintained that the regulations are

needlessly complex and place undue expenses on business owners.

P&Z members are considering the zoning application from the vineyard to

improve vehicle access and parking facilities at the Alberts Hill Road

vineyard and winery. The application was discussed at a September 10 meeting.

In a critique of the vineyard's application, Town Engineer Ronald Bolmer found

many flaws and opted against recommending that the P&Z approve the proposal.

Mr Bolmer said the proposed driveway and parking areas do not meet applicable

zoning regulations because they do not have curbing; the application fails to

explain how the vineyard calculated that 111 parking spaces are needed; sharp

curves in driveways would make it difficult for trucks and busses to make

turns; the parcel does not have road frontage on a town road; all parking

facilities must meet applicable standards for handicapped people, and the

application fails to contain required information on mapping, physical

improvements, storm drainage, landscaping, and the measurement of sight

distances, among other information.

In the application, the vineyard seeks to add a second driveway to the

property from Alberts Hill Road, lessen existing driveway slopes, and provide

clearly defined grass and gravel parking areas.

Gary Frenette, the town's zoning enforcement officer, told P&Z members that

three wedding receptions were held at the vineyard this year although a past

court order prohibits such a use of the property.

Attorney Howard Naylor, representing the vineyard, said the vineyard is not

seeking permission to stage wedding receptions or jazz concerts. Such events

should not be occurring at the vineyard, he said.

The vineyard is seeking P&Z permission to conduct vineyard and winery tours,

the retail sale of wine, and wine tastings, he said.

Mr Naylor explained the proposed new driveway would serve as an entrance to

the 28-acre vineyard and the existing driveway would be an exit.

Ms McLaughlin said the business is seeking to attract day trippers, couples,

and foursomes. An occasional bus might travel to the vineyard on weekends, she

said. Ms McLaughlin said she doesn't want to attract busses because it does

not make financial sense.

P&Z Chairman Stephen Koch told Mr Naylor that prohibited events were held at

the vineyard even after a judge last March issued an order to the vineyard not

to hold such events.

Ms McLaughlin said no jazz concerts were held there this year. The wedding

receptions were held because they were booked more than a year ago, she said,

adding the receptions were held for good friends of the McLaughlin family. Ms

McLaughlin said she does not plan to have jazz concerts or wedding receptions

at the vineyard in the future.

Neighbor's Opposition

Attorney Paul Pollock of Walnut Tree Hill Road, who represents Julia Wasserman

of Walnut Tree Hill Road, objected strongly to the zoning application. Mrs

Wasserman owns land adjacent to the vineyard.

Mr Pollock said Mrs Wasserman did not receive proper notification of an August

6 public hearing on the vineyard's application. That hearing was continued to

September 10.

Mr Pollock said he takes Ms McLaughlin's promise not to stage certain events

at the vineyard in the future "with a grain of salt." He then picked up a

tourism brochure and read an entry about the vineyard which lists jazz

concerts and special dinners as events held there.

Ms McLaughlin has never had town approvals to hold jazz concerts and wedding

receptions at the vineyard, but has done so in violation of the zoning

regulations, Mr Pollock said. "The applicant has not abided by the

regulations," he stressed. Mr Pollock said the vineyard canceled a scheduled

August event after Mrs Wasserman informed the town of it.

In order to receive the special exception to the zoning regulations that the

vineyard is seeking, land uses at the property must be in harmony with the

character of the neighborhood, he said. If the exception is granted, there

would be a wine store in a residential zone, which is not in harmony with the

neighborhood, he said. A wine store would hurt residential property values, he

said. Mr Pollock expressed fears that a wine store would attract tour buses to

the Walnut Tree Hill Road area.

Having 111 parking spaces there also is not in harmony with the neighborhood,

he said.

The traffic report prepared for the vineyard lacks important details, he said.

"They (vineyard) haven't complied with the regulations to date" and there is

no guarantee the regulations will be met in the future, Mr Pollock said.

Mr Naylor said the vineyard's traffic engineer will attend when the P&Z public

hearing resumes October 1 to answer questions.

The proposed special exception would allow up to 111 motor vehicles to be

parked at the vineyard an estimated six times annually. Until now, parking for

events there has been casual.

A report submitted to the P&Z by Frederick P. Clark Associates, Inc, a

Southport traffic engineering firm, indicates that allowing public events at

the vineyard under the terms of a special exception would make for "a modest

increase in traffic" on Walnut Tree Hill Road.