UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, September 13, 2004
The Old Lyme Zoning Commission held its Public Hearing on Monday, September 13, 2004 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Ted Kiritsis (Chairman), Jane Marsh (Secretary), Joan Bozek (Member), Tom Risom (Member), Howard Tooker (Alternate), John Johnson (Alternate) and Steven Ames (Alternate). Also present was Ann Brown, Zoning Enforcement Officer.
1. Site Plan/Special Exception Modification Application, 90 Halls Road, for service of liquor on patio and live indoor entertainment.
Ms. Marsh read the legal ad as published in the Main Street News on Thursday, September 2 and Thursday, September 9, 2004. She noted the remaining Exhibits for the record.
Ms. Brown noted that the Town Sanitarian has not responded to the referral. She indicated that she spoke with both the Sanitarian and Fire Marshall late this afternoon and both indicated that they would need a more precisely drawn plan to make a determination.
Lynne Sherlock was present to explain her application. She stated that she would like to serve liquor at the eight seats on the patio area. Ms. Sherlock explained that the Fire Marshall noted to her that the walkway is a public walkway to the Happy Carrot Bookstore and he considers that a shared walkway. She stated that the use of the patio is seasonal and asked the Board to consider allowing her to serve liquor on the patio after 6:00 p.m. when the Happy Carrot Bookstore closes. Ms. Sherlock pointed out that the walkway is only used for her restaurant and the bookstore. She noted that she would be happy to enclose the area further with fencing or shrubs. Ms. Sherlock stated that when the restaurant was Anne’s Bistro, wine and beer were served on the patio. She indicated
that she learned that from patrons of hers that were previously patrons of Anne’s.
Ms. Sherlock stated that every other week she has an acoustical guitarist who plays. She noted that the music is not amplified.
Ms. Sherlock stated that the Fire Marshall has approved seating for eight tables outdoors and noted that the maximum indoors is 45 patrons. She noted that the DEP has approved the septic for 75 patrons and indicated that she has a letter from them noting such. Mr. Risom pointed out that there is conflicting information.
Chairman Kiritsis stated that the CT Liquor Commission allows liquor to be served outside, provided it is served in part of the facility. He questioned whether the common walkway would qualify as part of the facility. Chairman Kiritsis stated that a letter from her landlord indicating that her facility comprises of “x” amount of square feet in front of the establishment would be helpful. Ms. Sherlock stated that she believes that the use of this area was an understanding between Anne and the landlord and indicated that she does not believe that this would be found in writing.
Ms. Sherlock stated that she would like the Commission to act on the live entertainment this evening and suggested that she would put off her request to serve liquor on the patio.
No one present spoke in favor of or against the application. Hearing no further comments, Chairman Kiritsis asked for a motion to close the Public Hearing.
A motion was made by Joan Bozek, seconded by Tom Risom and voted unanimously to close the Public Hearing on the request to have live music in the restaurant, with the understanding that the applicant has withdrawn the request to allow patio service of liquor.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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