Ice cream might be pure happiness for Elena Grewal — but not completely to some of her East Rock neighbors, if it’s offered up with wine and beer.
That divide emerged Tuesday night at a Zoom-assisted meeting of the Board of Zoning Appeals at which Grewal’s request for relief for a new shop was heard.
Grewal, who recently became chair of the East Rock Community Management Team (ERCMT), was on hand at the Wednesday night meeting with her lawyer James Perito to request a use variance to convert the former Ayah‑H market and convenience store at 829 Orange St., at Canner, into an ice cream shop that also serves alcohol.
A second variance would seek permission to have 20 outdoor seats and the same number inside where a maximum of six seats are permitted by ordinance.
After a positive survey result for the project, last month the ERCMT formally endorsed Grewal’s project.
Her next step was to bring her plans to the Tuesday night public hearing at BZA.
Click here for Grewall’s full presentation for “Elena’s on Orange.”
The issue was ultimately not decided because the proposal’s parking request -– to offer zero spaces where nine are required -– must go before the City Plan Commission for review. The matter should return to the zoning board next month.
Meanwhlie, at Tuesday night’s hearing, the great Chocolate-with-Chianti question, or without, was engaged.
Neighborhood sentiment remained largely positive: Eight people spoke in favor of the request, five against.
A divide in support emerged when the prospect of offering booze with your chocolate twirl was served up.
“I commend the applicant [and support] the sale of ice cream,” said Lucille Bruce, who lives around the corner from the Orange/Canner location. “But I don’t support the sale of alcohol.
“Those of us who live close have concerns. There’s the potential for a lot of disruption.”
Bruce asserted that the ERCMT letter of support that had circulated “did not include the alcohol sale, so that concerns me.”
Former Alder Richard Lyons of Canner Street hit the same note. After describing positive mouth-watering expectations about a place where he might take his grandkids, he cautioned that the booze offerings were certainly no cherry on top. In fact, they well might constitute a negative lure for the Wilbur Cross High School kids and other students who constitute a lot of the busy pedestrian traffic in the area, he argued.
He reported that on a petition circulated this past weekend, 89 percent of 51 signers opposed the idea of beer and wine being added to Grewal’s menu.
Neighbor Will Viederman said he is not concerned. He noted that already “within two blocks there are two restaurants that serve alcohol. There’s a brewery nearby. I think this is a lovely addition to the neighborhood and I look forward to it.”
The two attorneys present –- Perito representing Grewal, and Steven Bellis, representing the future café’s immediate adjoining neighbors -– added legal flavors to the dispute.
Perito reminded those worried about alcohol that the permit that Grewal would ultimately obtain would require that beer and wine never constitute more than 20 percent of her sales.
So fears that ye quaint little ice cream shoppe might turn into a boozing café that terrorizes an entire neighborhood are unfounded, he asserted. He also said that the use variance requested is implicit in the ordinance, in which the use table includes “soda fountain,” even though “ice cream” is not explicitly mentioned.
Bellis begged to differ: “This is a bar. If she were to get the permit, she could sell from 9 a.m. I give her credit as an entrepreneur, but the problem is it’s not a permitted use. It also can’t have a use variance because there’s no hardship.”
Saying that she’s already a little worried that she might be putting on a few pounds if the project advances, BZA Chair Mildred Melendez added, “We’ll see you back here after City Plan goes through the parking issue.”