An attorney representing a Milford sports bar yesterday asked Building Commissioner Anthony DeLuca if he was rushed into approving plans for a school at 350 East Main St. in 2008, thereby hindering the bars plans to obtain an adult-entertainment license.
In the first day of a trial at Worcester Superior Court to determine if Docs Sports Bar was wrongfully denied a license to allow for burlesque dancers and Chippendales-type performers at 304 East Main St. in Milford, Docs attorney Kenneth Tatarian said DeLuca approved the school plans the same day he saw the application. The school being built was The Learning Experience, a private school for developmentally disabled students.
Did you receive a request from anyone to hurry along the issuance of the permit? Tatarian asked.
DeLuca said he did not.
In March 2008, the Zoning Board of Appeals denied Docs application for adult entertainment, arguing it violated a town bylaw that prohibits such businesses within 400 feet of a residential zone, homes, schools or places of worship.
In its decision, the board said the proposed club would be too close to neighboring Sacred Heart Cemetery, which was in a residential zone, as well as near sites in the works for a school/day care center for the mentally challenged and a temple.
Docs filed an appeal against board members a month later, asking the court to annul to boards decision.
DeLuca said yesterday he got Town Counsel Gerald Moodys blessing before he approved partial plans for the school Feb. 27, 2008, with the condition he see the full plans before building started.
He said its something hes done before and has had success with.
Its done on an honor system. … Ive never had a problem with it, DeLuca said.
Moody said the Planning Board approved the school site plan in July 2007.
Tatarian said that site where the school was planned had originally been approved for retail.
I consult with (Town Planner) Larry Dunkin and (Town Engineer) Michael Santora, DeLuca said. There was never an issue with the approved site plan.
Moody said he expects the testimony to end today.
Ashley Studley can be reached at 508-634-7556 or astudley@wickedlocal.com.