Kyma Grill loses appeal

By on April 10, 2013

By: ALICE HUMMER Review Correspondent, Staff Writer

Kyma Seafood Grill, located in East Cocalico Township, lost its appeal in the Lancaster County Court of Common Pleas to not pay a traffic impact fee based on proposed improvements to their restaurant deck.

Kyma’s position was that an awning did not constitute a "roof" and would not add additional traffic to the deck’s patron population.

In addition to the awning, Kyma will add side curtains for inclement weather and 12 heaters.

East Cocalico Supervisors, at the April 3 meeting, approved an agreement with owners, George and Nicholas Barakos, and Dine, Inc. Kyma will pay $1,000 on the first day of each month to the township until their traffic impact fee sum of $28,633 is paid in full.

This payment agreement is similar to one the township entered into with Morphy Auction House.

Both the township and Kyma agree that the appeal is resolved, and no further appeal will occur.

"Their permits first filed in September 2012, are still good," said zoning officer, Tony Luongo. "They’re good for one year, and Kyma may receive a six-month extension for no additional fee. "

Supervisors approved Rhoads & Sinon, LLP advertising a proposed ordinance to extend the existence of the water authority for an additional 50 years, until 2063. This is in compliance with the Municipal Authorities Act of 1945, which authorizes entities such as the East Cocalico Township Water Authority.

The Authority’s sewer extension work continues, and all but one Lakeside Drive resident will connect to the new sewer line extension.

East Cocalico Township legally cannot make a residence more than 150 feet from the road connect, which is the case for 14 Lakeside Drive. These residents signed a release presented by the township stating that they were offered the connection opportunity by the East Cocalico Township Water Authority and chose not to connect. The state discourages holding tanks, which this property owner uses, because at some point, they usually fail.

This was the case at 432 W. Swartzville Road, and the property owner has no on-lot alternatives, as certified by sewage enforcement officer, Dale High. Supervisors permitted this property owner to connect to the Lakeside project extension, although his property is outside the defined urban growth area.

"The Authority has no intention of going any farther," said Supervisor Chairman, Doug Mackley. "This is being done to serve an existing dwelling with a failed system and no other alternatives."

In other business:

? Supervisors granted a 90-day time extension to Dollar General Store developers.

? A poolside umbrella sample was ordered. Following arrival and inspection, supervisors will decide what size umbrella and what quantity to order to upgrade the grounds around the pool.

? Mark Hiester, township manager, said he’s working with a township resident interested in running the pool snack bar with no daily stipend from the township. The interested person must become a state certified food handler by the end of April.

? Supervisors approved a half-marathon run on April 13. The Uberendurancesports Run, from 8 to 11 a.m., occurred last year. The race uses "rolling security" that moves with the runners.

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