LEGAL NOTICE OF DECISION

Notice is hereby given that at a special meeting held on June 3, 2024, the Westport Planning and Zoning Commission took the following actions:

1. ADOPTED AS MODIFIED: Text Amendment #843/#PZ-24-00197, submitted by Cindy Tyminski of Moon Gardens, LLC, seeking to modify §31-9, Liquor Establishments, and §5-2, Retail Food Establishments, to allow for liquor service for on-site consumption at existing Retail Food Establishments in the Residence B zone as of the adoption of the proposed amendment. The targeted benefitting property is 222 Hillspoint Rd., to allow liquor service at Old Mill Grocery and Deli by Romanacci. A copy of the text amendment is available on-line at www.westportct.gov on the Planning & Zoning Office web page under “P&Z Pending Applications & Recent Approvals.” A copy may also be viewed at Town Hall, 110 Myrtle Ave., in the Town Clerk’s Office and Planning & Zoning Office. Effective Date: 6/17/24

    

2. GRANTED: 170 Riverside Avenue. Special Permit/Site Plan Appl. #PZ-24-00211 submitted by Peter Romano of LANDTECH, for property owned by the Town of Westport, to replace the Police Athletic League (PAL) Clubhouse at Doubleday Field, on property in the Residence A zone, PID #C08032000. 

    

3. GRANTED: 33 Bayberry Lane, Special Permit/Site Plan Appl. #PZ-24-00229 submitted by Curt Lowenstein of LANDTECH, for property owned by Kristen Ripka, to permit non-exempt excavation and fill, on property in the Residence AA zone, PID #C11099000. 

Dated at Westport, Connecticut this 6^th day of June 2024 Paul Lebowitz, Chairman, Planning and Zoning Commission.

                                                                                           Text Amendment #843
Authored by: C. Tyminski, Moon Gardens LLC

                                                                                                               Submitted: 4/08/24

                                                                                                               Received:  4/22/24

                                                                                                                  Revised: 5/31/24

                                                                                     Public Hearing: 5/20/24, and continued to 6/3/24

                                                                                     Adopted as Modified: 6/3/24

                                                                                                          Effective date: 6/17/24

5-2 Specific Terms                                                                                                                 

Except as otherwise stated, or as the context may otherwise require, the following words, for the purpose of these regulations, shall be defined as follows:

Food Establishment Retail:

A retail food establishment shall mean any business where food or non-alcoholic beverages are sold to the public for either on premises or off premises consumption[; except that] and the sale of alcoholic beverages must be for off-premises consumption[.] only, except such establishments that exist in the Residence B district as of the adoption of this regulation, June 3, 2024, may provide alcoholic beverages for on-premise consumption. A retail food establishment may have no more than 10 indoor patron seats. Such establishments shall not be considered Restaurants and no additional parking will be required provided that they have indoor seating for no more than 10 patrons. For outdoor seating – See §5-2 & §32-20 Outdoor Eating Areas.                                                 

FROM §31, REGULATIONS APPLYING TO ALL DISTRICTS

31-9 Liquor Establishments                                                                                                                 

31-9.1

The sale of alcoholic liquor for on premises consumption shall be limited to Non-Residential Zoning Districts except for

1. [liquor] Liquor establishments in Residential Districts that have a valid liquor permit

issued by the Connecticut Liquor Control Commission as of the effective date of this regulation August 9, 2010; [and]

    2. Retail Food Establishments existing in the Residence B district as of the adoption of

this regulation, June 3, 2024, provided the operator of such Retail Food Establishment may not allow for liquor sales after 9 p.m. and such liquor sales shall not exceed fifty (50%) percent of the total gross sales of such Retail Food Establishment (percentage of gross sales derived from the sale of liquor) to be verified by the operator annually by filing an affidavit with the Planning & Zoning Department; or

   3. Special Events that obtain a temporary liquor permit approved by the P&Z Director, the Police Chief and issued by the Connecticut Liquor Control Commission.