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Commission allows 475 Holly Lane restaurant application to proceed without mailing certificates and moves to approve
Summary
At the Sept. 26 meeting, the Stratford Zoning Commission permitted a special-case application for 475 Holly Lane (proposed Tropical Smoothies-style restaurant) to proceed despite missing certificates of mailing, noting the sign was posted and that proceeding without certificates is at the applicant’s risk; commissioners later took the item off the table with approval.
The Stratford Zoning Commission on Sept. 26, 2024, heard a special-case application from James Smith for 475 Holly Lane to convert a former Weight Watchers space into a Tropical Smoothies-style restaurant. The commission allowed the applicant to proceed despite missing certificates of mailing and later moved to take the item off the table with approval.
The petition was read into the record as an application by James Smith seeking special-case approval to establish a restaurant in a CF (commercial) zone. Commissioners asked for certificates of mailing as proof that abutters were notified. The applicant said he believed mailings had been handled by his office, but did not produce completed certificates at the meeting.
Planning and Zoning Administrator Jay Hebanski advised the commission that the state statute requires the property sign to be posted and that the posted sign was documented for the record; he added that, absent the certificates, the applicant would proceed “at their own peril” if an appeal later alleged notice deficiencies. Hebanski said the commission has discretion to allow the application to move forward.
The applicant, James Smith, described the proposal as a simple change of use with no exterior alterations beyond a new sign and no drive-through. “Basically, we’re not doing anything to the exterior except changing the sign,” Smith said. He described the menu as limited to smoothies and sandwiches or wraps and said no grilling or full commercial hood was proposed.
Commissioners asked technical questions about safety systems and site amenities. Watson asked about sprinkler heads displaced by an interior partition; the applicant said the intent is not to disturb sprinkler heads and that required fire-safety equipment would remain. The chair suggested adding a bike rack if the front porch could accommodate one; the applicant said owners would likely agree to add bicycle parking.
Procedural actions: A motion was made and seconded to allow the applicant to proceed without certificates of mailing; the commission voted in favor. Later in the administrative session the commission moved to take the 475 Holly Lane item off the table with approval. The transcript records the motions, seconds and votes but does not list a formal roll-call tally for each motion beyond recorded 'Aye' votes.
What it means: The commission permitted the application to be considered despite incomplete mailing documentation because the property sign was posted; commissioners warned the applicant that the lack of certificates could expose the approval to an appeal. The transcript does not show any additional conditions attached to the approval beyond earlier clarifications about sprinklers and the voluntary bike-rack suggestion.
Next steps: The applicant may proceed with staff-level sign permitting and any required interior inspections and permits; the commission will resume regulatory work at its Sept. 30 special meeting and hold a public hearing on Oct. 23.
