HAMDEN, Connecticut [www.newhavenregister.com] — The town has placed Video Liquidators on notice that it’s violating zoning regulations by having video booths in its 2259 State St. store.
The store’s lawyer, Daniel A. Silver of New Britain, has appealed the violation notice, and a hearing before the Zoning Board of Appeals has been set for 7 p.m. May 21 in the Hamden Government Center.
The town received complaints earlier this year that video viewing booths were now part of the adult establishment. On March 18, store owner Dave Moon was notified that he had 72 hours to remove the booths or face fines of $150 a day because he was in violation of the zoning regulations, Zoning Enforcement Officer Holly Masi said Thursday.
But because the appeal has been filed, the enforcement action is on hold, Masi said.
“The booths are open as we speak because I filed a timely appeal,” Silver said.
Video Liquidators is a pre-existing, nonconforming use that has been operating since 1992. Therefore, a variance would be required for any expansion of the nonconformity, according to Masi. The town believes the booths are an expansion of a nonconforming use.
Silver’s appeal, received by the town March 27, says that the use of video preview booths does not constitute an expansion of a nonconforming use, but is “merely a concentration of said use which is not prohibited under state law,” and is an accessory use according to the zoning regulations.
“The issue is whether the booths are included in the nonconforming use or is it considered an accessory use,” Silver said.
Silver said the town had sent an earlier notice to the wrong person. Information in the zoning office shows the letter went to the property owner, Crocker Properties of Orange, rather than Moon.
Police went to the store in late January and found the booths, but determined criminal activity was not occurring.
The town didn’t adopt zoning regulations for adult establishments until 1999, and they are only allowed in manufacturing zones by special permit and site plan. Video Liquidators is in a controlled development district zone. No other adult establishments have been permitted in town.