Thomas MacMillan Photo
Co-op market manager Mark Regni (center).
Despite the protests of a nearby convenience store owner — and a commissioner’s concern that the 360 State tower not become “like Fort Apache” — zoners approved a plan that will allow tenants and visitors to the downtown tower to pop down and get a six-pack at its new food co-op.
The approval came from the Board of Zoning Appeals at its monthly meeting in the Hall of Records Thursday evening. With one dissenting vote, board members approved a special zoning exception allowing the Elm City Market to sell beer within 1,500 feet of another package store.
A number of beer and wine outlets are within 1,500 feet from the market, a food co-op scheduled to open this fall on the first floor of 360 State, at the corner of State and Chapel streets. Both the Wine Thief and College Wine are within the radius; the closest competitor is Bauby’s convenience store, a mere 130 feet away across Chapel Street. That shop’s owner, Ramesh Patel, showed up at the zoning meeting Thursday night to voice his opposition.
Patel’s argument against an exception for Elm City Market found a sympathetic ear in Victor Fasano, the one board member to vote to deny the application. Fasono argued that the co-op hadn’t demonstrated a hardship to justify the exception, and that selling beer there will make the tower more of a citadel unto itself, where tenants will have no reason to mingle with the downtown community.
Making the presentation to the board Tuesday night on behalf of the Elm City Market were architect and 360 State developer Bruce Becker; Yale market board member Mike Morand, Yale’s state communications director; and market manager Mark Regni.
Regni and Becker drew a distinction between the co-op and Bauby’s. The one will be a full-service grocery store open until 9 p.m. and on weekends; the other closes at 5:30 p.m. and on weekends, they noted.
“I haven’t heard any indication of hardship,” Fasano noted.
Morand said he was tempted to make a joke that the hardship is living in a place founded by Puritans, then went on to say that selling beer is integral to the success of the market. “The hardship would be not having a viable business.”
Becker (left).
“Does anyone know of a full-service grocery store in Connecticut that doesn’t sell beer?” Becker asked. The market is already planning to operate with such slim margins that it won’t turn a profit for the first three years, he said. Without the chance to sell beer, “we wouldn’t actually be able to realize our business plan,” he said.
Fasano then asked why they store hadn’t applied for permission earlier. “You’re here as an afterthought.”
“I agree. We could have come in sooner,” Becker said. He apologized.
“The Small Guy”
Patel.
Patel, who’s 68, told zoners he’s run Bauby’s convenience store since 1979. He said the board denied him permission when he initially sought to sell beer 20 years ago.
Patel later explained that the presence of Marine Liquors, which was then near the Coliseum, had prevented him from being able to sell beer. The store later moved, but it was at that time two blocks away.
“Today they’re coming for just 130 feet,” he told zoners. “This is not right. If they come, I will have difficulty. They will not have difficulty.”
Downtown is growing fast, bringing plenty of customers for all, Morand told zoners in response. The food co-op will not sell nicotine products or lottery tickets, which Bauby’s sells, he said.
Morand.
“It’s really a rising tide,” Morand said. “Fear not. There has been more business coming to town, and this building is part of it.”
Moments later, in the hallway outside the hearing room, Patel said he was unmoved by Morand’s argument.
“It doesn’t matter to them. They’re the big guys. They have a lot of money. I don’t have money,” he said. “It’s just like putting me in a hardship.”
Patel said he’s friendly with Regni, who he said sometimes plays with his dog. “But when it comes to my bread, I would like to say, ‘You can’t do that.’”
Patel said a couple months ago he looked into applying for permission to sell liquor, but the City Plan Department told him his shop is too close to other liquor stores.
“It’s too much politics,” Patel said. “The small guy will never come up.”
Voting
King (left) and Fasano (center).
Later, during the board’s end-of-the-evening voting session, Fasano again raised objections to the beer-selling exception.
“This one I have a serious problem with,” he said. “It’s obviously in direct threat to a business that’s been in operation for over 20 years. … They demonstrated no difficulty or unusual hardship.” A financial hardship is not acceptable under zoning laws, he said.
The city “entices” people to move to town with places like 360 State, “then they want a self-contained unit like Fort Apache rather than have residents mingle with the community,” Fasano said.
Board Chair Pat King said she understood Fasano’s objections, but since Bauby’s closes at 5:30 p.m., she said she didn’t see a problem with the co-op selling beer.
She and three other board members voted to approve the application. Fasano voted to deny.
New Chair
Tuesday evening’s meeting began with the election of a new board chair. Board Secretary Gaylord Bourne announced that longtime board member and chairperson Cathy Weber passed away on Tuesday after a “long illness.”
Bourne led the room in a moment of silence in recognition of Weber’s passing.
King was the sole nominee for board chair, and was elected unanimously to a term ending Feb. 1, 2014.
That's messed up. If they are going to let the co-op sell beer without showing a hardship, they should let Patel sell liquor, since he is clearly going to be suffering a hardship from the beer sales at 360 State.