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Ford’s Lobsters in Noank. Jill Connor / The Press
Zoning panel allows more seats at Ford’s … with conditions
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Zoning panel allows more seats at Ford’s … with conditions …

Published: March 12, 2015 | Last Modified: March 12, 2015 12:18PM
By MICHAEL SOUZA Sun Staff Writer

NOANK — After months of consideration and testimony, the Noank Fire District Zoning Commission has conditionally approved a request from Ford’s Lobsters to increase seating and parking at the popular but small waterfront restaurant at the mouth of the Mystic River.

The applicant, Kristian Nyman, sought permission to expand his indoor and outdoor facility to 68 seats but was granted approval for 49. The current permit allows 34 seats. The commission will allow parking for 36 vehicles, seven more than currently allowed, based on the restaurant’s square footage.

The decision was the final chapter in the five-month-long deliberation on the application for a special permit to alter a nonconforming use. The lobster shack with its 10-slip marina predates the current residential zoning and is therefore considered a nonconforming use.

The application was approved “as modified and conditioned,” in a document containing more than 40 statements of fact and permit requirements.

Nyman will have to resubmit a site plan conforming to the conditions of the commission for final approval and must submit as-built drawings.

Throughout the commission’s three-day discussion, which included meetings from Monday through Wednesday nights, Zoning Commissioner Arthur Tanner guided the proceedings in a methodical manner, examining every detail under the purview of the commission. He emphasized the goal was to determine whether the application could comply with existing regulations, and if not, what extent would be allowable.

“What we have before us is an application in which Mr. Nyman is seeking permission to expand his operation,” Tanner said. “There were violations of the current permit last year but that doesn’t play a role in our review, because he has now applied to make those changes.”

In the end, use of the site was heavily restricted by two factors — seating and parking. Last summer, the restaurant was deluged with vehicles attempting to park in the small lot, causing some to park on narrow Riverview Avenue. The document also approves the indoor seating, something that wasn’t requested in Nyman’s 2011 initial approval. A significant change is that indoor and outdoor seating cannot operate concurrently, and outdoor seating cannot be moved inside during inclement weather.

Additionally, the seating area on an adjacent lawn overlooking the Mystic River and Fishers Island Sound will no longer be allowed. The area, where Nyman had placed a long line of Adirondack chairs, was intended for patrons waiting for tables.

Details that must meet the approval of Zoning Enforcement Officer William Mulholland include: the type of material used to stabilize the parking lot; a lighting plan; a buffer plan with dense foliage; a landscape plan for the parking area; and the installation of an odor suppression system.

The Architectural Design Board must review changes made to the exterior of the indoor dining building.

There are a host of other conditions. Deliveries must be made between 8 – 11 a.m. and must be either on-site or delivered by hand from Main Street. In an effort to curb traffic, deliveries are no longer allowed on Riverview Avenue.

The outdoor seating area can operate from the second week in June to the first day of fall. The indoor area, the remainder of the year.

A “Right Turn Only” sign will be posted for cars exiting the facility.

One concern was the impact of headlights exiting the restaurant and disturbing neighbors.

“The lighting plan and buffer plan are important for the quality of life for those in the area. It was a big concern last year,” said Commissioner Eric Smith.

Nyman was appreciative of the commission’s work. “I would like to thank the commission for their time and for muddling through tons and tons of paperwork,” he said.

Nyman received a special permit in 2011 for a nonconforming use in order to serve food to 34 customers in an outdoor setting, something he hadn’t done before. He received permission for additional cooking equipment in 2012.

But in 2014 the restaurant expanded to 68 seats, plus additional seating on the lawn without approval. This prompted a July 24, 2014 cease-and-desist order by Mulholland. Nyman appealed the order in August and kept the restaurant open throughout the remainder of the tourist season. Nyman submitted the application on Oct. 8, and a public hearing was held over the course f three nights in November, December and January.

The situation was distressing to some residents because Nyman was a member of the Zoning Commission yet defied the conditions of the permit. He had to recuse himself from the discussion and vote on his application .

Nyman had applied to change his permit to increase outdoor food-service seating from 34 to 68 seats, expand parking from 26 to 39 spaces and obtain zoning approval for a 33-seat indoor restaurant and 16-seat patio.

In total, the public hearing lasted more than 11 hours with almost 80 exhibits, and the issue was debated an additional 9½ hours this week in order to come to a decision.