Board affirms zoning officer's rescission of Bella Princess Cafe permit, calls use-variance pathway

The Verona Zoning Board of Adjustment on July 9 affirmed the zoning officer's May 6 rescission of permit 2022-2275 for Bella Princess LLC, the operator of Bella Princess Cafe at 553/555 Bloomfield Avenue.

Applicant owner Martha Peralta and her counsel, Anthony Bocce, told the board Bella Princess provides staffed, ticketed children's entertainment, a limited cafe open on certain days, and full service for private parties; they said the operation is a service business and argued it fits within either the 2020 variance authorizing retail/personal/retail service on the first floor or the updated municipal code definitions for commercial recreation facilities. Peralta said the business has operated for about two and a half years without zoning violations, that she invested in a build-out, and that rescinding the permit would force closure and job losses.

Town zoning staff and several board members countered that the town's code defines an "event space" as a commercial venue available for rent that hosts planned activities (weddings, birthday parties, business conferences) and that event spaces are prohibited in every zone. The zoning officer's rescission letter concluded the prior zoning officer lacked authority to approve an event-space type use. Board members and staff emphasized the difference between a business that provides walk-in, ongoing retail or personal services and a venue that hosts concentrated, ticketed events that generate short-term parking and traffic impacts.

The board framed its decision around two questions: what use is actually occurring at the premises, and whether that use falls within the scope of the 2020 resolution that granted the mixed-use variance. After deliberation a motion was made to affirm the zoning officer's rescission and to note that the prior permit was issued ultra vires and is therefore void. The motion passed on a roll-call vote; one board member voted no. The chair directed counsel to draft a resolution to be considered at a future meeting.

The board advised the applicant that the appropriate path to continue the operation in its current form is to apply for a use variance to have the board consider the exact scope of activities and any conditions necessary to address parking, occupancy, hours, or other operational impacts. The zoning officer and counsel noted that secondary use approval for event spaces is not permitted without board authorization under the current code.