New Haven Independent

Pena did get permission from the Board of Zoning Appeals (BZA) Tuesday night to serve liquor at his new restaurant at 50 Fitch St. But he didn’t get everything that he asked for.

Under the conditions of the BZA’s approval, the establishment can have only a “service bar,” and it can’t have any bar seating. All drinks will have to ordered from waitstaff.

The board also restricted the hours that Pena can keep his operation open, making it clear that they wanted him to have a dining-oriented restaurant, and not the bar that he had originally intended to open. “I would like to keep it more a restaurant than a bar,” said BZA chair Cathy Weber.

Pena’s proposed restaurant, which is to be names Soco’s, has been the subject of heavy fire from Westville neighbors. They charged that he was targeting Southern Connecticut University students and trying to encourage binge drinking. (See previous Independent coverage here, here, and here.)

Pena, former manager of the recently closed Cosi restaurant, said earlier in the evening that he would go forward with Soco’s no matter what the board’s decision was, because he has too much invested in the business to pull out.

When the matter came up for a vote, chairwoman Weber began the discussion by looking for ways to shape Soco’s into a restaurant, rather than a bar.

“I look at this and see he is asking for a ‘restaurant,’” she said, reading Pena’s request. She asked the board to “consider a restaurant with a service bar and beer and wine only.” (A service bar is a bar for waitstaff only; customers cannot order drinks directly from the bartender.)

Weber (at center-left in picture) made it clear that she was taking into consideration the vocal opposition from the neighborhood.

“There seems to concern about school students,” she said. “Maybe we could look at the hours of operation a little bit.”

Pena’s proposal called for Soco’s to be open until 1 a.m. on weeknights and until 2 a.m. on the weekends.

“I think that’s a little steep for a restaurant,” Weber said. “I’m looking at that word ‘restaurant’ and I don’t know too many restaurants that are open to 1 a.m., to 2 a.m.”

Pena, looking shaken by the direction the discussion was headed, dropped his face momentarily into his hands.

Eventually the full liquor license was approved, with the conditions that the hours would be shortened by one hour and there would be only a service bar, with no bar seating.

Pena huddled with his attorney after the meeting and emerged with an optimistic, diplomatic statement.

“We’re very grateful to the Board of Zoning Appeals and the City Plan Commission,” Pena said. “Approving the plan, albeit with conditions, will get people in New Haven back to work sooner. The conditions imposed seem to be reasonable, and we will work with the city plan department and the Board of Zoning Appeals as our business needs and market plan develops.”

Pena admitted that the the imposition of conditions “makes it more difficult to conduct business.”

“It presents an obstacle, but we’ll get through it,” he said.

“I consider this evening a success,” he concluded. “I’m opening a business.”