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Date: Fri 26-Jun-1998

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Date: Fri 26-Jun-1998

Publication: Bee

Author: ANDYG

Quick Words:

McLaughlin-Vineyards

Full Text:

McLaughlin Vineyards Seeks Permit For Special Events

BY ANDREW GOROSKO

In a move to resolve a longstanding zoning dispute, McLaughlin Vineyards, Inc,

is seeking a special exception to the zoning regulations to allow a vineyard

and retail wine sales at its Alberts Hill Road facility.

In documents filed with the Planning and Zoning Commission (P&Z), McLaughlin

seeks a special exception to the zoning regulations to modify its 28-acre site

for improved access and expanded parking facilities.

The P&Z is expected to conduct a public hearing on the application sometime in

August.

The town and McLaughlin Vineyards have had a long-running dispute over the

various public events which have been staged at the vineyard in apparent

violation of local zoning regulations.

The proposed special exception would allow up to 110 motor vehicles to be

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

public events there has been casual.

Morgen McLaughlin, the vineyard's manager, this week declined to comment on

the vineyard's's application for a special exception to the zoning

regulations.

A report submitted on behalf of McLaughlin by Frederick P. Clark Associates,

Inc, a Southport planning consultant, indicates that allowing public events at

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

increase in traffic." The planning consultants indicate the property is

currently used for wine tasting events and maple syrup demonstrations.

The special exception application indicates there are six properties lying

within 500 feet of the vineyard. The applicant is required to notify those

property owners of the upcoming public hearing.

Wetlands

The vineyard's 1996 application for a wetlands construction license was a

first step toward improving vehicular access and safety at the rolling

property.

In the fall of 1996, McLaughlin Vineyards had obtained a wetlands construction

permit from the Conservation Commission as part of its plans to provide

improved access and parking at the vineyard.

But then, The Cornerstone of Eagle Hill, Inc, sued the Conservation Commission

over the commission's approval of McLaughlin's plans to build a driveway near

Eagle Hill.

Eagle Hill is an alcohol and substance abuse treatment facility at 32 Alberts

Hill Road.

An Eagle Hill representative had told the commission Eagle Hill is concerned

that the construction which was planned by McLaughlin would occur in the same

wetland location as three drilled water wells that serve Eagle Hill.

"The defendant commission did not at any time conduct a public hearing on the

McLaughlin application," the lawsuit stated. In its lawsuit, Eagle Hill had

alleged the Conservation Commission didn't impose the conditions suggested by

Eagle Hill to minimize the potential for damage to the wetland and to Eagle

Hill's property; and that commission members improperly delegated their

authority by relying on the decision of one commission member, among other

allegations.

In an August 1997 settlement of the lawsuit, the commission modified the

wetlands construction license for McLaughlin. The modification provided that a

wetlands crossing for the vineyard's driveway not be paved with asphalt and

that no deicing chemicals be used on the wetlands crossing.

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