STATE OF CONNECTICUT



STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

IN THE MATTER OF

Grand Oak Villa

Michael Distasi, Applicant

Distasi Catering, LLC, Backer

Liquor Permit No. LRC.245P

Docket No. 06-3084 November 30, 2006

MEMORANDUM OF DECISION

This matter involves a new application for a restaurant caterer liquor permit for Grand Oak Villa, 550 Sylvan Lake Road, Oakville, Connecticut. A formal administrative hearing was held before the Department of Consumer Protection on November 28, 2006, at which time Michael Distasi, applicant, appeared with counsel. This premises is currently operating under a provisional liquor permit. The hearing was held in accordance with Section 30-39(c), Connecticut General Statutes, as a result of a legally sufficient remonstrance questioning the suitability of the proposed location. Remonstrants appeared on behalf of the remonstrance to oppose the renewal.

Based upon the evidence adduced at the hearing, we find the following facts: Liquor Control Agent Wilson conducted a thorough investigation in connection with the remonstrance filed in opposition to the application; Agent Wilson found nothing questionable about the applicant or the proposed location based upon her investigation. Agent Wilson did an on-site inspection. This proposed premises is a large catering facility with a large kitchen and hall. It is located adjacent to a small social club which holds a liquor permit issued by this department. The proposed premises is located on a 20-acre parcel of land in a residential neighborhood. There is proper zoning approval for a restaurant caterer facility. The local police department has no issues with this location.

Two remonstrants testified and expressed concerns about noise, increased traffic, and public safety issues as this location shares a driveway with the social club and is located off a dead end road. They also express concerns that the members of the backer of this application are also members of the adjacent social club. On two occasions a neighbor complained about noise emanating from the restaurant catering facility. Mr. Distasi took immediate and appropriate corrective measures. He testified that he attempts to be responsive to the residential neighbors. The applicant presented letters of support from past patrons and residents.

Based upon the substantial evidence presented, we find the location and the applicant to be suitable for a restaurant caterer liquor permit. The determination of factual matters with regard to the suitability of the location of proposed liquor permit premises is vested with the Liquor Control Commission. Brown v. Liquor Control Commission, 176 Conn. 428, 407 A.2d 1020 (1973).

Accordingly, we hereby deny the remonstrance and grant the final restaurant caterer liquor permit to Michael Distasi and Grand Oak Villa, subject to the agent’s final requirements.

DEPARTMENT OF CONSUMER PROTECTION

LIQUOR CONTROL COMMISSION

BY:

__________________________________

Elisa A. Nahas, Esq.

Presiding Officer

___________________________________

Domenic L. Mascolo, Commissioner

Parties:

Michael Distasi c/o Richard Bruno, Esq., 80 Phoenix Avenue, Waterbury, CT 06702

Elizabeth Wasiutynski, Agent for Remonstrants, 514 Sylvan Lake Road, Oakville, CT 06779-1454

Nonparties:

John Suchy, Director, Liquor Control Division

Connecticut Beverage Journal, 2508 Whitney Ave., P.O. Box 185159, Hamden, CT 06518

Connecticut State Library, 231 Capitol Avenue, Hartford, CT 06106

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