Fair Haven’s Board of Zoning Appeals (BZA) is set to consider a second special‑exception request from Ninos Market LLC to operate a convenience store at 489 Ferry Street, a block from its former location at 521 Ferry Street. The owners, Nadyar Malaka and Xiomara Tapia Rivera, seek approval to sell standard convenience items but not tobacco, after the board referred the matter to the City Plan Commission for review.
Background and prior denial
In June, the BZA unanimously rejected the pair’s initial application, which included a variance to sell tobacco within 1,000 feet of All Saint’s Catholic Academy. The board’s decision followed several public meetings where neighborhood leaders expressed concern that the original Ninos Market had become a hotspot for illegal drug activity and violence.
Police District Manager Chris Alvarado, who oversaw the area in 2024, warned that the store allowed drug dealers to congregate on the premises and that nearby shootings were linked to the drug trade. “This store is allowing drug dealers to sell drugs and they are hanging out in the store,” Alvarado wrote in a December 2024 email to Alder Frank Redente and Health Department inspector Brian Wnek.
Opposition from aldermen and police
Alder Redente, a former violence‑prevention outreach worker, testified that he frequently responded to midnight shootings near the original site and that the store’s late‑night employees were known drug dealers. He told the BZA, “I can’t tell you how many times I responded at midnight to people being shot at the corner of Ferry and Chatham.” Alders Sarah Miller, Caroline Tanbee Smith, and Magda Natal also voiced opposition, emphasizing community safety concerns.
Alvarado’s successor, Justin Cole, joined the opposition, noting that the neighborhood felt “significantly safer” after the original Ninos Market closed.
Owners’ defense
Attorney Timothy Lee, representing Malaka and Rivera, argued that the convenience store is not the source of illegal activity. “Conduct did not occur within their location,” Lee said, adding that there were no zoning complaints on record during the store’s prior operation.
Lee also highlighted a staff report from the City Plan Department recommending approval of the revised application with operating hours limited to 8 a.m.‑9 p.m.
Malaka’s criminal history
Public records reveal that Malaka was arrested in 2020 for participating in a heroin‑trafficking operation that used two Bridgeport convenience stores as distribution points. He pleaded guilty in 2021 to conspiracy to possess with intent to distribute more than one kilogram of heroin and was sentenced to four years in federal prison in 2022.
During the investigation, federal authorities recovered $50,000 in cash hidden in Malaka’s closet and seized his 2012 Porsche. Sentencing memoranda described Malaka as having an “independent and lucrative drug clientele” and noted real‑estate transactions that appeared consistent with large‑scale trafficking.
Legal challenge and next steps
After the June denial, Malaka and Rivera filed a lawsuit on July 22 alleging bias and procedural irregularities by the BZA. The suit claims the board’s decision was predicated on “bias and predetermination.” The owners have not referenced the lawsuit in recent BZA appearances.
At the August 18 hearing, Commissioner Chris Peralta asked what distinguishes the new request. Lee responded that the owners are no longer seeking a tobacco variance and are proposing a neighborhood‑focused convenience store.
Resident Frances Santiago, whose husband runs the barbershop next to the proposed site, testified that the adjacent business has never experienced drug problems and that a convenience store would be “very convenient” for local residents.
Community impact
The case underscores ongoing tension between economic development and public safety in Fair Haven. While the owners argue the store will provide needed services, many community members and officials remain wary given the location’s history of drug‑related incidents.
The BZA is expected to vote after the City Plan Commission completes its review. The outcome will determine whether Ninos Market can reopen at 489 Ferry Street and how the neighborhood balances commercial needs with safety concerns.
Original reporting: New Haven Independent — read the source article.
