nothin Libra Loses Longer Hours | New Haven Independent

Libra Loses Longer Hours

Aliyya Swaby Photo

Martin, Almodovar.

The owner of Libra Cafe lost her right to keep her restaurant open until 1 a.m. on weekends — almost a year after the zoning board allowed her to extend her hours.

Miriam Martin, owner of the restaurant and bar at 56 Main St. in the Annex, asked the Board of Zoning Appeals Tuesday night to renew a special exception to extend her hours from 10 p.m. to 1 a.m. Thursday through Sunday.

That request led to a discussion among zoning staff and commissioners about how to read the relevant city ordinance.

Zoning commissioners allowed city officials and one neighbor to air their grievances against Martin for violating city laws, in an unofficial public hearing.

Miguel Almodovar, Martin’s lawyer, asked the zoning board for an extension of their special exception, which he said would give her time to file it with the city’s land records. Martin was required to file it there within 120 days of being granted the exception in March 2015.

She is seeking an extension of time allowing her to file the special exception on the land records,” he said.

Last March, Almodovar argued she needed to have later hours in order to compete with neighboring businesses. Then zoning staff recommended denial. But commissioners said they were sympathetic to the claimed hardship and approved the exception.

In between then and now, Martin failed to submit the requisite paperwork within 120 days.

Section 63h of the zoning ordinance states that a special exception is void one year after its effective date, except if otherwise specified by the board in its decision, unless:

a. The grant of relief has been recorded on the land records of the City of New Haven within 120 days of the date of publication of approval.”

Since Martin never recorded the special exception on the city’s land records, Almodovar argued, the special exception is valid for a full year since it was granted March 10, 2015.

He also brought an issue to commissioners’ attention. This Feb. 19, the Building Department issued a cease and desist order after finding Libra Cafe open at 1:35 a.m., more than a half hour after her allowed time to close, even with the special exception.

My client said she was trying to get patrons out of the door without creating too much of a disturbance,” Almodovar said. It was an honest mistake.”

King, Gaylord Bourne, Trachten.

Zoning commissioners did not have the ordinance in front of them. They turned to Deputy Director of Zoning Tom Talbot for advice. He said the ordinance was not specific about how to ask for an extension. Usually extensions are done administratively, he said..

Zoning Director Karyn Gilvarg said the board could allow city officials to comment without a public hearing.

Building Official Jim Turcio said Martin’s frequent violations of city law cost the city money and personnel. He passed by Libra Cafe the night of Feb. 14 at 1:05 a.m., and he saw 25 cars parked in front, with people still drinking at the bar, he said. No one was leaving. That’s 40 – 80 hours worth of work” for city officials.

Sgt. Wilfredo Cruz, the east shore’s top cop, said that he has been called to Libra Cafe four times since the granting of the special exception. The calls were for a liquor complaint, weapons complaint, noise complaint and a physical altercation. In the latter incident, on Feb. 1, two people were knifed and there was a crime scene inside.

Several patrons were inside the bar past the time they should’ve been,” he said. He said the enforcement problems are about the same as at neighboring bars and cafes.

Kowalski.

Paul Kowalski, of the city’s health department, said that he lives near the bar and that it does not qualify as a family restaurant, as Martin markets it. There’s barely any food,” he said. I’m hoping it will get denied this year.”

Adjacent property owner Richard LoRicco, who spoke out against the exception last year, said cars continue to drive on his property. Martin runs it helter skelter,” he said.

Alder Al Paolillo, Jr. asked Deputy Corporation Counsel Roderick Williams whether the special exception was even still in effect, given the fact that Martin failed to file it on the land records within 120 days. How can you grant an extension on an application that no longer exists?”

Williams said it was considered expired.

Then why are we having a quasi hearing?” Board Chair Ben Trachten asked.

Williams, Talbot, Trachten.

Commissioners took a short break to review the ordinance and consult with staff on its meaning. Upon their return, they cited the next part of that ordinance, which states that a special exception or variance may be renewed administratively by the board of zoning appeals if it is determined that findings made and conditions imposed on the original approval still apply.”

Since the conditions upon which zoning commissioners approved the special exception last year may have changed, Trachten said, the board did not have to approve the extension that night. Instead, he said Martin should re-apply for a special exception and come back for a public hearing.

I agree in light of the comments we heard,” said commissioner Pat King. Four commissioners present voted unanimously to deny the appeal for an extension.

Almodovar declined to comment on what his client would do next.

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