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08/17/2021 12:30 PMAfter the Zoning Commission (ZC) told the operators of the restaurant located in the James Pharmacy that they could not serve beer or wine, the operators are now fearful that their restaurant will not survive much longer.
Located at 2 Pennywise Lane in the former James Pharmacy building, Cocotte is a newly opened French bakery and gelateria that serves breakfast and lunch as well as brunch on the weekends. Jeffrey and Isabelle DeFrancesco, the operators of the restaurant, were seeking to begin serving dinner in the fall and wanted permission to be able to serve beer and wine with dinner.
The DeFrancescos attended a ZC meeting on Aug 2 to discuss the possibility, but were told by the commission and ZC chairman Robert Friedman that there was “no path forward” for Cocotte to be permitted to sell beer and wine.
A Matter of Zoning
The issue according to the commission has to do with the zoning on the property. The bakery is located in Saybrook’s Residence A zoning district, which does not permit commercial use and thus restricts the properties’ owners in various ways. For decades, however, the town has OKed the operation of the James Pharmacy as an ice cream parlor, as the use predates the town’s zoning regulations
Additionally, in 2010 the Zoning Board of Appeals (ZBA) granted a long list of variances that allowed the property to operate as a restaurant even though it’s a nonconforming use in the zoning district.
As a nonconforming property, Friedman said that the operators can run the property as one of the already allowed uses, but additional uses that are not allowed in the district and thus would expand the nonconformity of the property are not allowed. Changes of use for nonconforming properties are only allowed to bring a property into conforming with its district, not for further expanding the nonconformity.
While a glass of wine with dinner may seem like a natural match, the state rules that the sale of beer and wine is a separate use from a restaurant use. Since the sale of beer and wine was not permitted by the ZBA back in 2010 and the Residence A district does not permit the sale, the nonconforming use would not be permitted.
In the past, neighbors and fellow residents of the district have expressed concerns when other operators had plans to expand their business or apply for a liquor license. The complaints centered around concerns over protecting the quality of life in the district and the smell of food from any restaurant.
Furthermore, the ZC cautioned the DeFrancescos that the James Pharmacy property is completely surrounded by the Residence A district, so according to the ZC an application to redraw the zoning lines would need to be declined as an approval would result in spot zoning, which is illegal. Spot zoning is when a specific parcel is allowed to change its zoning without changing the zoning for the surrounding properties.
Faced with seemingly no way to get the approval for the sale of alcohol, the DeFrancescos warned the commission that they fear their business won’t be able to survive much longer.
“We’re trying to be a sustainable business. We just launched and I can tell you right now if we don’t sell beer and wine in the coming winter months, the James Pharmacy will be empty by Christmas of 2022,” said Jeffrey DeFrancesco. “I can guarantee you that. We have been open five weeks and I’ve seen the numbers. That’s why we’re here.”
No Way Forward
During a lengthy discussion over the possibility of obtaining permission for beer and wine sale, a clearly frustrated DeFrancesco sought clarification on why the property could not sell alcohol. Despite the pleas to allow it, the commission held firm in insisting it would not be allowed at the property.
DeFrancesco pointed out that the zoning requirements from one district to another were quite different, that restaurants in other zones were permitted alcohol sales despite being near residences, and alleged that the zoning map indicated that the zones had been made for McDonalds to exist with signage in a zone that prohibits it.
He also said that there was language in the zoning regulations that allows exceptions to be granted on in individual cases.
“We think the James Pharmacy is a beloved space. We’re looking for some guidance into how we can keep this space open for the next 10 years,” DeFrancesco said.
The James Pharmacy has a long and storied history in town. A plaque outside the door states that it’s rumored that Marquis de Lafayette bought supplies from a general store that operated next to a tavern on the property.
In the 1800s, Peter Lane, Connecticut’s first black pharmacist, added an ice cream and soda fountain to the property. Later, his niece Anna Louise James, Connecticut’s first black female pharmacist, began running the business and changed its name from Lane Pharmacy to James Pharmacy.
In more recent years, it has been transformed into various entities, including an art gallery, juice bar, an actual pharmacy, and a Moroccan market and café. But the zoning restrictions have continued to be an issue for each business that opens there.
DeFrancesco said that since opening the business, they have brought customers from as far away as West Hartford, New Haven, and Stonington and argued that these customers bring money to the town when they visit other shops while in Old Saybrook. These patrons also remark how they can’t wait to come back for dinner, according to DeFrancesco.
However, DeFrancesco also said that the sale of gelato and pastries alone isn’t enough to sustain a business and that without the ability to provide for dinner with alcohol the business will fail, just as the other eateries on the site have done.
“If you guys don’t consider that a top-10 destination in this town, then you’ll have done a disservice to this community because you’re not helping people like us,” said DeFrancesco.
Unfortunately for the DeFrancescos, the ZC members said that the rules are clear about what is and isn’t allowed on the property and that there isn’t anything they could do.
In response to DeFrancesco’s points about the inconsistent zoning, Friedman noted that zoning regulations are only meant to be consistent for each separate zone, not for the town as a whole. In other words, there are different rules about what is allowed for each different district. As for McDonalds, Friedman said he has been on the ZC for close to 30 years but that case had been handled before his time so he had no answers about the zoning there.
Friedman called the James Pharmacy property “an unusual situation” due to the nonconforming nature of its zoning and the variances granted to it. While it is true the ZC has the power to grant exceptions, the regulations also have language that stipulate those nonconforming properties only be allowed expanded uses that do not further constitute nonconforming uses.
“You get to keep what uses you have permitted, you don’t get to change to anything that would be nonconforming,” Friedman said.
Freidman said had the DeFrancescos applied for another variance before they acquired their space, things may have turned out differently, but since they now own the space, they must abide by the limitations that came with the property.
Even though historically the building had been a tavern, that use was not carried forward and it was not included in the allowed uses by the ZBA in 2010, so that fact has no bearing on current operation. The land use office said the DeFrancescos could apply for a variance if they chose to.
Upon hearing that there was nothing that could be done for the property, Isabelle DeFrancesco said that the town should just look into buying the property and turning it into a museum since the zoning would always hamper any business that opens there.
Jeffrey DeFrancesco signed off from the meeting by telling the ZC, “Maybe we’ll see you at the restaurant, and maybe you’ll see it empty in a year.”
Cocotte
Opened this summer, Cocotte currently is open Wednesday to Sunday from 8:30 a.m. 6 p.m. The breakfast and lunch menu includes French toast, omelets, crepes, charcuterie, tartines, salads, and quiche. Croissants, muffins, and scones are baked daily along with rustic Pugliese bread, which is available in the bakery. For dessert, there are pastries along with multiple flavors of gelato. Brunch is served on the weekend. Visit www.cocottect.com for more information.