Allan Appel Photo
Nica’s Market got a go-ahead from the City Plan Commission to expand as long as it remains a neighborhood “grocery” by not overdoing the take-out deli side of the business. It must also keep as many deliveries as possible on site and off Orange Street.
Those were two of five additional conditions added by Justin Elicker and Ed Mattison (pictured) and other City Plan commissioners Tuesday night during a spirited and unusual debate. During that debate, City Plan Department Director Karyn Gilvarg disagreed with her own staff’s formal report, which had urged denial of Nica’s request.
“This job gives me heartburn,” said East Rock Alderman Elicker, the aldermanic member of the commission. He called the Nica’s decision one of his most difficult.
Raising questions such as “Is take-out a neighborhood use?,” he commended the applicant for a sincere effort but finally voted against the proposal. He called it detrimental to the neighborhood and liable to trigger similar requests for expansion from the several other groceries and eateries that dot Orange Street.
But he was the only one.
Ultimately, Gilvarg prevailed, convincing a majority of the commissioners to approve the expansion — or as the plan’s advocates call it, the “intensification” of Nica’s operations — in a manner that promotes less congestion, especially from deliveries.
The other conditions the commissioners attached to the CPC’s approval are that even with its new express line for take-out that the store remain a grocery with deli/take out as an accessory business; that there is no significant expansion of the grocery itself like the addition of extra aisles; and finally that the plans return once more to the commission for a site plan review.
The matter now returns to the Board of Zoning Appeals (BZA), likely at its April meeting, where the really final decision will be made.
Click here for a story about the details of Nica’s proposed changes as presented to the BZA on Tuesday night.
In general, the plans would shift the parking lot 20 feet north and further back from Orange losing a few parking spots. In exchange more asphalt would provide direct access for vans and the weekly 18-wheeler to pull directly into the lot. They will be able to unload at new kitchen in the rear, which expansion will abut on the lot. Then the vehicles will be able to exit in a safer, head-first manner.
Nica’s would slim down to 24 outdoor seats and take bike racks onto the private property. The kitchen expansion would render the multi-level current cooking rooms safer and more efficient.
The big change inside would the creation of a speedy express line dedicated on the northern side of the store to take-out, thus improving the congestion within by separating locals buying milk and arugula from those wanting a quick slice with pepperoni or a sub.
“I’m going to speak against the staff report,” Gilvarg told the commissioners, taking issue with her colleagues and attributing the mixed message to short-staffing in her department.“I apologize for the disarray.”
She addressed what she called one of the more contentious points in the report — that the other stores on Orange are similar to Nica’s and would come down with expansion envy if Nica’s gets this advantage: “I don’t believe any of the others carry quite the range as Nica’s.”
As to objections that an expanded Nica’s belongs perhaps in another location east or west of Orange, she said: “Should it move to State? I’m not aware of any [property] the right size. It also serves pedestrians on Whitney where there are no deli/groceries,” meaning that a move to State would increase that walk.
Commission Chairman Mattison agreed with Gilvarg on the relation of the stores on Orange. “They got the economics wrong. These places support each other,” he said.
Elicker argued that the character of an expanded and potentially take-out-driven Nica’s is out of keeping with East Rock. Mattison’s primary concern was vehicular congestion.
“There are horrendous trucks all the time. Anything to improve sightlines and keep people from mashed up situations,” he said.
Attorney Marjorie Shansky, who represents the applicant, said that the local block watch and Nica’s are working with Jim Travers, the city’s acting traffic chief, on enforcing the two-hour parking limit in front of Nica’s to avoid clog-ups from delivery vehicles.
As to larger trucks, Shansky said Nica’s has only one 18-wheeler arrive per week.
Elicker tried to sway his colleagues then with an environmental argument. “These entities are important to the neighborhood, but by doubling the size of the lot, with impervious surfaces and increasing the ‘express line,’ that doesn’t sound like a neighborhood use,” he said.
“You want gravel? We can talk,” countered Shansky. She added that the proposal includes substantially more plantings.
Alternate Commissioner Kevin Diadamo added, “I share some of Justin’s concern regarding size. I know Nica’s has come for relief from the congestion in the store [before]. The accommodation in back for trucks makes me ultimately in favor.”
Ms Gilvarg and Mr Mattison,
There is no legal hardship and therefore no legal basis for this. Show some spine next time and uphold the law.