Allan Appel Photo
It was a bad night for owners of popular eateries looking to expand in Westville and East Rock.
By unanimous vote of the four commissioners present, the Board of Zoning Appeals denied a expansion cum scattered site parking proposal by Nica’s on Orange Street. They also refused to allow Soco’s at 50 Fitch Str. to serve drinks on the patio adjacent to the parking lot.
If there was a consistent message in the two rulings Tuesday night, it seemed to be: If you don’t honor conditions the BZA has previously set, don’t expect us to look kindly on your current requests.
The City Plan advisory reports, on which BZA commissioners at least in part based their rulings, both cited violations of previous conditions set from prior approvals.
In the case of Nica’s, for example, a previous approval permitted a maximum of two tables and eight seasonal seats. A surprise visit by BZA staff revealed 12 tables and 48 seats in use. The date of the visit, March 24, was also cited as 51 days prior to the May 15 to Oct. 15 approved season for outdoor seating.
The Soco’s file, along with testimony of several anti-Soco speakers, spoke to liquor being served at the bar when a prior approval required the bar to be only a service site for the bartender and wait staff.
Click here for a previous story on the contentious expansion of Nica’s. And here for the fraught, nearly two-year chronicle of Soco and the Westville/ Beaver Hills neighborhood.
At least as regards to Soco’s, Tuesday night’s vote was by no means an end to the story.
After the vote was taken, Westville activist Thea Buxbaum, one of the neighborhood leaders of the charge against Soco’s, said, “I’m relieved. I just hope they comply with this better than they have with the service bar.”
Soco’s owner Carlos Pena (at left in photo) showed evident disappointment but refused to comment. However, his lawyer, Greg Sachs (beside him in photo), said the main issues – neighbors’ fear of excessive noise and sleep-disturbing illumination from the patio — could have been addressed with conditions.
“We’re going to consider our options,” Sachs said, including an appeal to Superior Court. He has 30 days to file.
Nobody from Nica’s appeared at the BZA hearing Tuesday night. Eight speakers showed up to speak against the Soco’s application, and eight showed up to speak in favor.
Rebecca Gratz (on the right in photo) said the noise from Soco’s had in part driven her out of her apartment across the West River from the eatery. Laurie Ericson, who still lives there, reported calling the cops often twice a week to report rowdy behavior in the parking lot.
Neighbor Kathleen Bradley seemed to hit on a chord already reverberating with the commissioners when she testified: “There’s an attempt to make an end run around agreements and no reason to believe a special exception for patio and drinks [allowing drinks to be served on the patio] will be different.”
Attorney Sachs said charges of non-compliance in this regard and others were inflated.
And North Haven Fire Department Lt. Tim Mayer added in his testimony. “I believe it would be a hardship on the bar if you didn’t allow patio business.”
Mayer (pictured) works as the Friday night bartender at the bar. In his eight months of employment, he has never seen a problem, he said.
When a reporter mentioned the first murders of 2010 taking place at Soco’s front door, Mayer replied, “The crime in New Haven shouldn’t be held against legitimate business owners. We need more places like Soco’s, a place [for people] to enjoy themselves and spend money in New Haven.”
Everyone, pro and con, agreed that Carlos Pena serves tasty wings. Only if you have them out on the patio, you must leave your drinks inside. For now.