The language proposed would be embedded in two line additions to the new category.

The first would specify that buildings approved for the sale of alcoholic beverages must be located no less than 500 feet from churches, schools, library or day care establishments.

The second would prohibit location of a package store less than 1,500 feet from any other liquor store.

The applicant is Lewis R. Gotch, proprietor of the Cork & Keg International Wine Cellar at 730 Main Street South.

Mr. Gotch supported his petition with a list of 300 customers who, over the summer, signed off on a statement that approval by the State Liquor Authority for a new store, Wine & Liquor, on Southbury Green, would have a detrimental financial effect on existing businesses.

The store would be located directly across Main Street South from Mr. Gotch's business, a distance, he said, of 715 feet.

Mr. Gotch's attorney, Jennifer Katz, argued that increasing the number of liquor stores in town without a distance restriction, could have major consequences, none of them good.

For example, there could be a negative reflection on the character of the town; crimes of break-in, vandalism, drug use and sale could increase as could the risk of sale of liquor to minors; and the increased traffic could contribute to motor vehicle accidents.

Ms. Katz's presentation included references to the long term adverse effect of unregulated liquor store growth on prospective retailers and small business owners who would not wish to risk, in this unregulated Southbury, "the likelihood of increased crime, disorderly conduct and traffic congestion which will adversely affect a new business and customer demographic."

Zoning Enforcement Officer Mark Massoud reported that the owners of Wine & Liquor have been granted, based on current zoning regulations, a temporary certificate of occupancy and a temporary zoning permit pending the State Liquor Authority public hearing scheduled for December 10.

Commissioner John Majewsky had difficulty accepting what he called the Good Samaritan aspect of the application, "We're talking 700 feet here," he said.

He went on to say that two businesses do not double traffic since one experiences a decline in profits as the other picks up customers. The customer pool remains the same.

Commissioner Ed Gittines, who has recently won a seat on the Board of Selectmen, applauded the Good Samaritan sentiment, but went on to say that in his view "preserving the character of the town is a specious argument."

Given that the town is permitted to have seven liquor stores, he couldn't see that Wine & Liquor would bring moral decay to the town.

Correspondence from the Planning Commission indicated that its referral was delayed by a query to the State Liquor Authority requesting information about the rule that allows one liquor store per 2,500 population.

Southbury, with 20,000 population, is entitled to seven stores. Since the closing of the store at Southbury Plaza it now has six.

Planning is also asking Southbury Police about any law enforcement issues and problems with the liquor stores now in town.

A report is expected at the November 17 meeting of the commission.

Commissioner Todd White made a motion to continue the hearing until the December 9 meeting.

The vote was unanimous.