Little Compton Council nixes vineyard entertainment license

Zoning, conservation issues cited

By Tom Killin Dalglish
Posted 12/1/16

LITTLE COMPTON — The standing room only crowd in the Town Council Chambers Thursday, Nov. 17, burst into applause when the unanimous vote was taken..

The council, at its annual licensing hearing, had just voted in favor of Council President Robert Mushen's motion to "deny without prejudice" — until certain "issues" could be resolved —an entertainment license applied for by Carolyn's Sakonnet Vineyard (CSV).

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Little Compton Council nixes vineyard entertainment license

Zoning, conservation issues cited

Posted

LITTLE COMPTON — The standing room only crowd in the Town Council Chambers last Thursday burst into applause when the unanimous vote was taken..
The council, at its annual licensing hearing, had just voted in favor of Council President Robert Mushen's motion to "deny without prejudice" — until certain "issues" could be resolved —an entertainment license applied for by Carolyn's Sakonnet Vineyard (CSV).
Those "issues," related to whether the proposed entertainment activities (weddings, concerts, parking, etc.) were consistent with the conservation easement at the vineyard, and whether the activities were consistent with town zoning requirements.
Asked to comment on the denial, vineyard attorney Nicole Benjamin said, "Unfortunately, because other related issues are presently in litigation, it would not be appropriate for us to comment at this time."
The stakes were high. The license sought by the Vineyard, its application stated, would have allowed it "to conduct 12-14 weddings/events" next summer at the Vineyard any day of the week, for four hours each, between the hours of 11 a.m. and 9 p.m.
Its license would also have allowed the vineyard to sponsor 14 concerts next summer on Thursday nights, and another 14 concerts on Sundays, and four additional concerts on Saturdays.
The scope of these events was described by Bill Richmond, chairman of the Little Compton Agricultural Conservancy Trust, in a Nov.12 memo to the Ag Trust's board of trustees.
"The largest events expected to be Thursday nights would be limited by the admittance of a maximum of 317 cars on a given night. This produces about 700 visitors on a typical Thursday."
The Ag Trust is a local group that is responsible under the conservation easement for preserving the Vineyard's lands and stewarding its agricultural purposes.
It shares these responsibilities with its "easement partner" — the Rhode Island Agricultural Lands Preservation Commission (RIALPC ).
The easement is contained in a 2007 deed for development rights (DDR), purchased by the taxpayers of Little Compton in 2007 for $2.225 million. The easement governs the use of Vineyard lands.

Certification of compliance
In order to grant the entertainment license to the vineyard, the council had to ensure that two prerequisites were met.
First, the council must have received, with the vineyard's application, "written statements" from each of the easement partners certifying that the vineyard's weddings, concerts, other events and ancillary parking, "are fully consistent with the terms, conditions, and provisions of the conservation restrictions."
The conservation restrictions in the deed, in turn, call upon the easement partners (the Ag Trust and RIALPC) to make "findings" that the activities do not "defeat or derogate" from, and are "consistent" with, the terms of the deed.
RIALPC had submitted a two-sentence Oct. 31 notice that the proposed activities "do not violate the terms "of the easement deed.
As a result of a bizarre quorum failure at its meeting Tuesday, Nov. 15, the Ag Trust failed to submit its certification (see separate story).
"We anticipated a decision from the Ag Trust regarding their view of the Sakonnet Vineyard license application," said Mr. Mushen at the council meeting, "but due to their inability to maintain a quorum, we actually don't have that decision before us tonight."
In short, the council lacked the basis for determining whether the activities were consistent with the terms of the easement, and therefore never reached a conclusion about that issue.

Zoning compliance
The second prerequisite, and the one that seemed to carry the most weight at the council hearing, was the requirement of a newly adopted town ordinance, that the zoning official provide a written opinion about the code-compliance of the Vineyard's proposed activities for which it is seeking an entertainment license.
Council President Mushen read aloud to the audience in the Council Chanbers a Nov. 13 written opinion of the town Zoning Official, George Medeiros.
After referencing provisions of the local zoning code, Mr. Medeiros wrote, “… it is my opinion that the winery business is allowed at 162 West Main Road as a matter of right, but the weddings and concerts are not accessory uses to, and required for, the operation of the principal use, and therefore are not allowed."
As for the weddings at the Vineyard, Mr. Medeiros wrote — and Mr. Mushen read aloud, "Although the Little Compton Town Council has previously acknowledged that the property has historically been used for weddings .... it is my opinion the the proposed use of the property would be an intensification of any pre-existing non-conforming use that may have existed, and therefore requires relief from the Zoning Board."

Other entertainment licenses
The Council, without discussion or testimony from the public, took or deferred acton on other entertainment licenses.
Crowther's Restaurant was granted an entertainment license. The application from Simmons Cafe and Marketplace was denied without prejudice to allow the establishment to make revisions.
The applications from the Stone House Resort, Wishing Stone Farm, and the Young Family Farm (for a single day event) were delayed until the council meeting on Dec. 8.

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