Agenda - Planning Commission - 02/05/2004

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Z.B. ~ November 25, 2003 -- Page 3 i [ The town sanitarian found soil' conditions likely did not meet the minimum requ~ements under the public health code because of high groundwater indi- · cattoas. He believed the lots should be monitored with standpipes during the high sroundwater season to determine if they were suitable. Test pits were dug and testing found the high groundwater mark on four of the 16ts was less than 18 inches below the soil surface. This violated town regU~tions .for septic systems. The commission subsequently ruled that only four of the lots met the sub- division regulations. The commission found it had to wait Until the end of high grouridwater season before it could approve the other four. Pomus sued, arguing the lots should have been approved, conditioned upon succ~,ssful testing and continued groundwater monitoring. DEGiSION: Judgment in favor of the commission. The commission did not have to conditionally approve the lots. P~mus argued although soil testing on the lots showed some mottling, an indiciator of high seasonal groundwater, the commission should have approved the lots and assumed further tests would indicate, as they had regarding other lots ia the same subdivision, that the soil was suitable for septic systems. Basi- callyl Primus argued the lots should have been approved conditioned upon succe~ssful testing by groundwater monitoring to be viewed and verified by the towr~, sanitarian. A commission can always choose between disapproval or approval with conditions. Consequently, there was no abuse of discretion when the commis- sion Chose to deny the application as to the four lots that did not comply with the si~bdivision regulations rather than issuing approval with conditions. Citation: Primus v. Coventry Planning & Zoning Commission, Superior Court of Clonnecticur, Judicial District of Totland, ar Rockville, No. CV020078452 (2003). see dlso: Stancuna v. Zoning BOard of Appeals, 785 A.2d 601 (2001). see also: Quality Sand & Gravel [nc. v. Planning. & Zonihg Commission, 738 A.2~' 1157 (1999). AdMt Entertainment -- Liquor violations lead to suspension of erotic danging license Cabdret faces suspension after allowing liquor on premises ~VADA (09/10/03) -- Officers of the city of Las Vegas's Business License Department investigated Talk of the Town, a business licensed to present erotic dancing. During the course of the investigations, officers were allowed to bring alco- hol irtside and consume it on the premises. They witnessed other patrons doing the Same. However, Talk of the Town did not possess a valid liquor license. Because of the liquor violations, the city suspended Talk of the Town's license to present erotic dancing. 127