In business since the 1950s, Cookie Jar Bakery in Cape Elizabeth is now fighting to retain use of the four parking spaces in front of its building.
Although the use of this area for parking has been unchallenged for years, controversy was sparked when the bakery recently applied to create a delivery entrance in the back of their property.
In reviewing their proposed site plan, the Town determined that the parking spaces in front of the bakery were in violation of zoning rules and must be removed, as they are too close to the road and block access to the sidewalk.
The Cookie Jar has said that without these parking spots, it cannot survive as a business.
“I will tell you there are not four dedicated and existing parking spaces in front of the Cookie Jar today. There is an area used by people to pull up and frequent the business,” Town Manager Patrick Fox said, according to the Portland Press Herald.
The Portland newspaper reported that Cookie Jar’s struggle over parking began earlier this year when the Cape Elizabeth Service Center next door was purchased by new owners.
Although Cookie Jar customers had previously been able to exit the parking lot using a private road behind the service center, the new owners called it a dangerous nuisance, leading them to park a pickup truck in the path over the summer.
“I do not want to be the cause of the Cookie Jar losing even one donut sale,” Service Center owner Jeff Larrabee told the Press Herald. “[But] I’m not going to compromise my employees’ safety or my customers’ safety for a sale of donuts.”
John Mitchell — a landscape architect working on behalf of the Piscopos, who currently own the Cookie Jar — told the Portland newspaper that the loss of access to this private road is what inspired them to pursue a new site plan including a second egress from the lot.
On Monday night, the Cape Elizabeth Town Council delayed voting on a plan that would formalize Cookie Jar’s right to claim the four parking spaces in front of their building.
Following an hour long public hearing and ninety minutes of Council discussion, the Councilors voted 5-2 in favor of tabling the proposal for two weeks until the next meeting.
Much of the conversation Monday night focused on the legality of the parking spaces themselves, and Councilors expressed a desire to figure out if the parking spaces had been included in earlier versions of the bakery’s site plan.
The Town’s Planning Board has not yet formally requested that these spaces be revoked from the Cookie Jar, but members did raise concerns earlier in October that the current layout is unsafe as it encourages drivers to back out into traffic, which is against local zoning ordinances.
Up for discussion Monday night were two separate license proposals — one that would that would take effect immediately if the owners agreed to it and one that would require Planning Board approval before moving forward.
As currently written, the proposed license would allow the Cookie Jar to formalize its parking spaces in exchange for purchasing at least $1 million in liability insurance to cover any injuries or property damage that may occur within the parking area.
Opposing the motion to table consideration of the license were Councilor Chair Tim Reiniger — who proposed the version which would take effect immediately — and Councilor Timothy Thompson.
A Change.Org petition has been circulating for the past few weeks and as of this article’s publication has received more than 4,300 verified signatures, 62 percent of which come from Cape Elizabeth, South Portland, and Scarborough residents.
Dozens of signatories also left comments on the website expressing support for the Cookie Jar and, in many cases, criticizing local officials for being unfriendly toward small businesses.
“I grew up going to The Cookie Jar to grab a dozen donuts to share with my classmates and teachers alike,” said Ciara. “It’s a cornerstone of Cape Elizabeth’s community and history that must be protected. There’s absolutely no need to remove the parking spaces for town planning— this targeting of a historic business has to stop. PROTECT SMALL BUSINESSES!”
“I grew up in Cape Elizabeth and a visit to The Cookie Jar is a must every time I come home. We need to help our small business thrive, not spend their time trying to battle a small town agenda,” wrote Jessica.
“My family has used The Cookie Jar since it opened in the 1950s. All of my sister’s and my birthday cakes came uniquely decorated from there,” said Cynthia. “I have lived north of Portland for most of my adult life and will still drive over the bridge for their pastries. I love that I can park out front and will continue to as I get even older!”
“I grew up summers in Cape, enjoying Cookie Jar items all summer long. We need to do whatever we can to help this longterm business out, not create burdens, stress and anxiety for them,” Rosanne wrote. “Please grant them a permanent license.”
“It would be an absolute tragedy for The Cookie Jar to be put out of business. Small businesses like this one often are just hanging on by a thread. The Pizza Joint was one such business, a business I worked at for 13 years,” Brent wrote. “The loss of these local institutions do irreparable damage to the character of the communities in which they are located. All of this in the service of a sidewalk to better channel foot traffic to Fort Williams, a park that one was a local gem and had become a tourist trap, full of busses and paid parking. Save The Cookie Jar!”
The effort to “Save the Cookie Jar” has been spearheaded by two candidates running for the Cape Elizabeth Town Council, David Andrews and David Hughes. Andrews is also responsible for starting the online petition.
Larabee of the Cape Elizabeth Service Center reportedly accused Andrews and Hughes of “trying to use the Cookie Jar to get elected.”
The Cape Elizabeth Town Council has recently been involved in another conflict with a local business over regulatory compliance.
The Lumbery — a small business located in the center of town on Route 77 that sells locally sourced wood, garden beds, and tools — and it’s part-owner Mike Friedland were sued in October of 2022 for allegedly going beyond the allowable “minimal” deviations from its original site plan by stacking materials in front of the store.
Cape Elizabeth also accused Friedland of “placing a sign in the front of [Lumbery] without submitting the information necessary for a complete sign permit application.”
After several planning board meetings, the town filed a motion to expedite court hearings in March of 2024.
Once word of this began to spread throughout the town, roughly 1,200 residents — representing more than 10 percent of the town’s population — came forward and signed a petition supporting The Lumbery and asking the Town Council to drop the lawsuit.
Following this public outcry, the Council voted to direct the town attorney to pursue a court-approved settlement with Lumbery, but Friedland and other concerned residents wanted to see the lawsuit dropped outright, which it finally was in November of 2023.
[RELATED: Case Dismissed — Cape Town Council Finally Drops Unpopular Lawsuit Against Beloved Small Business]
In March of 2024, Friedland sought reimbursement for the legal fees he incurred throughout this protracted process, as well as for the time he spent “rectifying this matter.”
In total, Friedland asked the Town to reimburse him a total of $11,000 — $9,500 for legal fees and an additional $1,500 for his time.
According to WGME, Friedland’s attempt to receive this compensation was ultimately unsuccessful.
[RELATED: Cape Elizabeth Business Seeking New Ownership After Protracted Legal Battle with Town]
In a statement posted to The Lumbery’s Facebook page in July, the business explained that it will be seeking a new owner and, in the meantime, it’s day-to-day operations “will remain unchanged during this transition.”
“In four years’ time, with limited funds, an endless supply of stubborn naivety and a […] ton of hard work, myself, along with my incredible partners, Jennifer Friedland-Stora and Ryan Holland, plus the most amazing team of workers, staffers, vendors, family and friends have created something extraordinary,” the post said.
“We believe that finding the right person can help The Lumbery reach its full potential, leveraging our strong relationships with local, regional, and national mills, farms, and organizations,” said the business.
“Please bear in mind that complex deals of this kind take time. It takes time to identify the right buyer and it takes time to structure the deal and manage the transition process,” they concluded. “We will remain steadfast to you, our dear customer, no matter how long it may take for this full transition.”
Is this more out of staters ruining things?
I bet most of the outer state folks are Democrats.
Cape can rezone or grandfather those spots out front.
But that’s too simple for govt.
I remember hearing a story about a Portland firefighter, very knowledgeable on what the CURRENT building codes are, while inspecting Deering High School. discovered the stairway rise and steps were not up to code and was going to write all the stairways in that building as a violation. Since the building was built BEFORE the city changed the codes, the officer in charge used a little bit of common sense and “let it slide”, even though the firefighter inspector was correct.
I don’t know but what maybe we should give the State back to Massachusetts. They’re taking it one piece at a time as is. Augusta is doing nothing to improve the atmosphere for small businesses.
There definitely should be a law that forces a town that files an action against a person or business and then drops it, should pay for legal fees of the defendant.