APPROVED
OLD LYME ZONING COMMISSION
MINUTES OF PUBLIC HEARING
Monday, June 12, 2006
The Old Lyme Zoning Commission held its Public Hearing on Monday, June 12, 2006 at 7:30 p.m. in the Auditorium of Memorial Town Hall. Members present were Tom Risom (Acting Chairman), Jane Marsh (Secretary), Jane Cable, Steven Ames (Alternate, seated) and Howard Tooker (Alternate, seated – arrived at 8:00 p.m.). Also present was Ann Brown, Zoning Enforcement Officer.
Acting Chairman Risom called the Public Hearing to order at 7:41 p.m.
1. Site Plan Modification Application for five outdoor picnic tables, 100 Shore Road, The Cabin, Joyce Faiola, applicant.
Ms. Marsh read the legal ad as published in the New London Day on Thursday, June 1 and Thursday, June 8, 2006, and list of exhibits for the record.
Joyce Faiola was present to explain her application. She indicated that she would like to have five tables on the street side of 100 Shore Road. Ms. Faiola noted that the tables would be outside the existing windows on what is currently a stone patio. She stated that the area is graded approximately 8 inches above the parking lot. Ms. Faiola stated that the proposal is to construct a two foot high stone wall around the perimeter of this seating area. She explained that the existing oversized planters would be positioned in front of the wall as an additional barricade. Ms. Faiola stated that the picnic tables would be wooden and attractively stained to match the building. She noted that they would serve the food in environmentally friendly devices (clam shells) so that there are no
paper plates to fly away. Ms. Faiola stated that the food served in this area would be delivered by a waiter or waitress.
Ms. Faiola noted that parking is not currently allowed in this area and there are already signs that indicate “no parking.” She stated that approximately 80 percent of the people that approach the property come in from Route 156 and exit through the Pine Road exit. She indicated that she plans to paint a large white directional arrow that will take people around the property for egress. Ms. Faiola stated that there will be no outside speakers or entertainment. Ms. Cable questioned whether there will be exterior lighting for the tables. Ms. Faiola stated that there is currently sufficient lighting mounted on the building. She indicated that they will most likely shut down the outside tables at dusk when the mosquitoes come out.
Mr. Risom stated that he inferred from the application that the food eaten outside would be on a take-out basis. Ms. Faiola indicated that they plan to serve and bus the tables. She noted that there is not much room for people to stand inside to wait for their orders. Mr. Risom stated that if that is the case, the Commission must count these seats toward the total number of seats in the restaurant. He indicated that they are currently permitted 84 seats based on 32 parking spaces. Ms. Faiola indicated that there are currently 33 parking spaces on the site plan. She noted that the tables will fit four guests. Ms. Faiola stated that she currently has 72 seats. Mr. Risom indicated that the twenty outside seats would bring the number of seats to 92. She indicated that she
has 15 employees, but only eight on the busiest evenings.
Ms. Brown noted that a few parking spaces have been improved along Pine Road. Ms. Faiola stated that she has created additional parking spaces along Pine Road for her chefs to park. Ms. Brown stated that those parking spaces are not in compliance with the Site Plan. Ms. Faiola stated that until her new well was installed, the area in question was all black top. She stated that she is not sure how many spaces existed prior. She indicated that she could not afford to repave the lot, so she put river stone in this area. Ms. Marsh noted that regardless, the parking cannot be in the setback along the road. She noted that as a Town Agency the Zoning Commission cannot approve parking on some one else’s land, as this area is the right-of-way for Pine Road. Ms. Marsh stated
that regardless of what was existing at the time of Ms. Faiola’s purchase of the property, the Zoning Commission must require that she bring the site into compliance with the approved site plan.
(Howard Tooker arrived at this time, 8:00 p.m.)
Ms. Brown noted that the approved site plan (dated 1995) indicates that there are a total of 32 parking spaces. Ms. Faiola indicated that the current site has a total of 33 parking spaces. Ms. Cable noted that a total of 37 parking spaces is required to accommodate the additional tables. Ms. Faiola indicated that four of her staff park in the gravel area and there is additional parking near the forsythia. Ms. Cable noted that the parking must be on her property. Ms. Brown requested a copy of the site plan showing how the parking is laid out on the property currently. She noted that there are parking buffer requirements; parking cannot just be added to grassed areas, especially adjacent from a zone line. Ms. Brown stated that there is a 25’ setback from a Residence District. Ms. Faiola stated that the area she has cleared near the forsythia is at least 25’ from the neighbor’s chain link fence. Ms. Marsh indicated that that does not seem to be the case in looking at the site
plan. She stated that a new site plan must be done to show the additional parking. Mr. Risom noted that the Commission has made other restaurants abandon interior seating in exchange for outdoor seating. Ms. Faiola indicated that she would be willing to do that. Ms. Faiola stated that she would remove tables from the Birch Room. It was determined that she would still need to remove three interior seats. Ms. Brown suggested four picnic tables instead of three. Ms. Faiola agreed, indicating that removing the tables from the Birch Room and only getting four picnic tables would be satisfactory to her.
Ms. Brown stated that the Fire Marshall reviewed Ms. Faiola’s original site plan with her sketch of a wall and planters added. Ms. Brown indicated that the Fire Marshall requested the directional arrows. Mr. Risom suggested acting on the site plan with a stipulation that 78 seats not be exceeded, both inside and outside. Mr. Risom suggested that a surveyor redraw the survey, as every complying parking space he can fit on the property will allow her three more seats.
Tom Rosanski, 5 Strawberry Lane, stated that he is concerned with the parking issue. He indicated that he has reservations about where the approved parking is and whether it is being used properly. Mr. Rosanski stated that he wants to be sure that any approval does not contain additional parking without proper engineering. Mr. Risom stated that the approved site plan identifies 32 spaces and no other parking spaces are permitted. Ms. Brown stated that the parking along Pine Road needs to be eliminated.
Ms. Kearney, 35 Liberty Lane, questioned the number of exterior tables. Mr. Risom indicated that there would be five tables. Ms. Faiola stated that she will determine the seat locations, limiting it to no more than 78 seats and no more than five tables outside.
A motion was made by Jane Cable, seconded by Steven Ames and voted unanimously to close the Public Hearing on this item.
Acting Chairman Risom adjourned the Public Hearing at 8:15 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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