By Sharon Challenger.
How does a Town handle all the business when they are placed under restrictions because of a pandemic? Can Town Halls be closed, people work from home, and meetings be held virtually without some things falling through the cracks?
Sometimes “yes,” sometimes “no.”
On December 3, 2020, a Planning and Zoning meeting was held to discuss the subject of a Tattoo Parlor business which was formerly located in Tylerville, moving to a vacant building in Higganum Center.
The meeting was to be a Public Hearing according to the minutes of the meeting; however, the public was not notified as per Connecticut law.
When pressed for an explanation, Town Planner Bill Warner posted on Facebook pages that, “his “entire staff all went out on Covid leave” and a notice was never sent out to the press. Two legal notices are required by law.
As a result, a lawsuit was filed in Middletown by a resident against the Haddam P&Z Commission.
Mr. Warner explained (on social media): “The Planning and Zoning Commission approved a text amendment and the site to allow the parlor to open. That vote was challenged in court. Our attorney has indicated the PZ decision remains valid unless a judge in Middletown Superior Court determines otherwise.”
What will happen next? Mr. Warner explained, “we are redoing the hearing rather than waiting for a judge to tell us to redo the hearing.”
As a result, a Public Hearing Meeting has been rescheduled for March 18, 2021 7:00 p.m. at HES.
At the meeting, residents will have a chance to make their concerns known. Ultimately the P&Z Commission will have the final say.
Mr. Warner stated, “I supported the application on December 3rd, and I intend to support it again on March 18th. This is all on me. It is my fault and I have apologized to all involved.”
Haddam’s P & Z Bylaws, which were adopted on September 19, 2019, state in Article VI Officers and Their Duties, Section 3. “The Secretary shall recite the legal notice or agenda item in conjunction with all public hearings.” In Article XI Public Hearings, Section 4. “The Secretary shall read the legal advertisement.” However, the Public Hearing Notice was not read because it was never sent to the press. In spite of this, the meeting went on because no one on the Board realized that the community had not been informed. The minutes note: “There was no one from the public present.”
The Public Hearing was being held to discuss the following regulation change: Proposed 5.6 C.[8] Tattoo and/or Body Piercing Studios (Existing Business Allowed to Relocate to Other Zones Allowing Personal Service Establishments) 310 Saybrook Road, Higganum. Map 14A Lot 009. Applicant: Rob Lloyd.
Chairman Wallor opened the public hearing at 7:25 p.m.
Subject discussed under Agenda item 6. Public Hearing, were as follows:
- Why Mr. Smith (owner of Tattoo Parlor) needs to move. The minutes state, “Mr. Smith stated his landlord has evicted him to put something else within the building. Mr. Smith also stated he “would like to stay in the town and be allowed to move his business to another area.”
- Zoning regulations on signage in Higganum Village were discussed. Commissioner Bull stated Mr. Smith would need to meet the Village District sign regulations. Mr. Warner explained that “there was insufficient time to develop a design for an exterior sign given the urgency of the matter.”
Haddam P&Z Regulations state the following:
Section 5.6. Any use not listed as permitted in a zone shall be deemed prohibited. Without limiting the scope of this provision, the following uses are expressly prohibited, whether as a principal or accessory use or in any other guise:
5.6.C.8 Prohibits “ Tattoo and/or body piercing studios.”
- Bull asked Mr. Smith if he had pursued other locations besides Higganum Village for his business. Mr. Smith stated, “Yes, and that the proposed relocation site is where he had wanted to have his business originally.”
- Parking and signage were discussed and minutes note, “Mr. Smith stated he would like to keep the signage classy.”
- The minutes note: “There were no residents present to [speak] either for or against the proposal.”
- Bull motioned to close the public hearing at 7:38 p.m. Mr. Wallor seconded, and Motion carried unanimously.
The Public Meeting continued as the P&Z Commission discussed the request of Mr. Smith.
Mr. Warner explained that because the Tattoo Parlor is the only item in 5.6 that is pre-existing, the zone would have to be changed in order for Mr. Smith to open his business in Higganum Village. Mr. Bull noted that if the language in the regulations could be rewritten, he was “in favor of the proposed relocation.” Commissioner Chadwick asked if a variance could be done, and Mr. Warner stated yes, but asked “why would the Commission allow a separate board to override the Commission’s regulations?” Mr. Warner stated, “the language is designed to accommodate exactly what the Commission was doing.”
Commissioner Luisi stated, “this matter is being made into a bigger deal than it needs to be.” Mr. Wallor agreed.
Prior to the vote on the motion, Mr. Wallor asked Mr. Warner how the motion will change Section 5.6. Mr. Warner stated the wording would change to (existing & licensed tattoo businesses in the Town of Haddam are allowed to terminate and abandon their current location and relocate to other zones in the Town allowing personal service establishments.)
Mr. Bull motioned to approve proposed 5.6.C.[8] Tattoo and/or body piercing studios (existing business allowed to relocate to other zones allowing personal service establishments) 310 Saybrook Road, Higganum. Map 14A Lot 009. Applicant: Goodspeed Tattoo. Condition – Signage limited to window graphics similar to the gold leaf lettering at existing location. No neon or LED window signage. No exterior sign proposed. Mr. Wallor seconded. Motion carried unanimously. (from P&Z Minutes)
So, one might wonder, why do we have regulations in place that specifically state Tattoo Parlors were prohibited in Higganum Village?
There has been a lot of time and taxpayer dollars spent over the years discussing what types of businesses residents want to see in Higganum Village. The recent Charrettes indicated that residents want to make the Village a place which would attract tourists, hikers, and artisan shops.
Tattoo Parlors were never a part of the plans of any of the groups in the Charrettes.
The failure to notify the public that a Public Hearing was scheduled is clearly problematic. If the P&Z bylaws had been followed, the Commission may have realized a Public Hearing notice had not been filed. At that point, the meeting could have been rescheduled to allow for public input.
As a result of the Commission not notifying the public, a lawsuit was filed on January 30, 2020 in the Superior Court in Middletown, CT. The individual asked the Court to reverse the decision and order the P&Z Commission to deny the application. They are also asking for “a temporary restraining order be issued, pursuant to Conn. Gen. Stat. 8-8(h), prohibiting any use of the text amendment pending the completion of this Appeal” and “Such other relief as appears equitable and appropriate to the Court. “
The first Public Hearing Notice appeared in the March 4, 2021 edition of Haddam Killingworth News. The second is scheduled to appear in the March 11, 2021 edition.
A Public Hearing will be held on March 18, 2021 7:00 p.m. at HES.
Haddam P&Z minutes for Dec 3, 2020:
https://www.haddam.org/sites/g/files/vyhlif4486/f/minutes/pz-dec32020_minutes_-_in-person.pdf
Lawsuit information: http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=20036447
Photographs by David Challenger.
