A Superior Court judge yesterday sustained 2 objections to Old Mill Grocery & Deli’s “nonconforming use” of their 107-year-old property on Hillspoint Road.
The sweeping decision could have implications for 2 other businesses in Westport — and for other actions taken by the Planning & Zoning Commission.
Judge Dale Radcliffe’s 21-page ruling involved a pair of text amendments, adopted by the P&Z in 2024.
The first permitted the consumption of alcoholic beverages in a retail food establishment located in a “B” residential zone.
The goal was to “offer more flexibility to … existing establishments to keep afloat.”
Old Mill Grocery & Deli. (Photo/Matt Murray)
Many members of the public advocated for the text amendment, which was proposed by OMG’s owner, the Soundview Empowerment Alliance (SEA). The non-profit — which includes neighbors and other Westporters — bought the building several years ago, to keep it as a market and community hub.
A small group of residents appealed the text amendment. They maintained that it constituted “spot zoning,” and illegally expanded a non-conforming use. They also alleged that the P&Z usurped the powers of the Zoning Board of Appeals, by granting a zoning variance that only the ZBA can give.
While the appeal was pending, the SEA submitted a second text amendment. Changes — involving Old Mill Grocery’s use of a gelato cart and picnic tables — were designed to address objections raised by the plaintiffs.
In addition to Old Mill Grocery & Deli — operated by Romanacci’s — 2 other businesses would be affected: The Country Store on Wilton Road, and what is now Gruel Britannia on Cross Highway (formerly Christie’s Country Store, and The Porch).
Gruel Britannia on Cross Highway may be affected by the Superior Court ruling.
In December 2024, the P&Z passed that text amendment, 5-0.
In his decision, Judge Radcliffe wrote that “the proposed use of certain nonconforming uses in Westport’s residential zones as Retail Food Establishments (RFE) including the sale of alcoholic beverages and outdoor dining would unambiguously constitute an impermissible expansion of the existing nonconforming uses.
“The use of property as nonconforming is permitted only to the extent that it existed at the time of the adoption of the zoning regulations which rendered it nonconforming. Otherwise, it is prohibited.”
He added, “the Text Amendments were drafted with the clear intent of allowing certain nonconforming uses to operate in a fashion which constituted an expansion of the nonconforming use and avoided the necessity of concocting a legally cognizable hardship, a prerequisite to obtaining a valid variance.”
Old Mill Grocery dates back to the early 1900s. In the 1950s, ’60s and ’70s it was operated by Ken Montgomery.
The judge declined to rule on the plaintiffs’ claim of spot zoning, because the P&Z did not decide to change the zoning classification.
However, he concluded, “Both consolidated appeals are SUSTAINED.” SEA and Old Mill Grocery are “ordered to cease and desist from any use … which is inconsistent with the lawful preexisting nonconforming use existing on the property” prior to adoption of the 2 text amendments.
“The sale of alcoholic beverages at 222 Hillspoint Road, which was not authorized prior to the adoption of the challenged Text Amendments, is found to be illegal, and an unlawful expansion of the nonconforming use of the property.”
This is a developing story. “06880” has reached out to SEA for a comment on what this means for the future of Old Mill Grocery & Deli, and to Planning & Zoning Commission chair Paul Lebowitz and town attorney Ira Bloom, on implications for zoning decisions in Westport generally. Bloom said he is reading the decision, and will reply this afternoon.
So what are we to make of the Budweiser sign in the window, from back in the day? Looks pretty preexisting to me…
Indeed. I believe the judgment means no wine sales, and no on-site consumption of alcohol.
Will this also affect Gruel Brittannia as well?
Overwhelmingly disappointing to read. OMG, Christie’s, Country Store are now being limited in service and amenities—which have NEVER been an issue.
Sue for wine and beer sales, approved by state. Outdoor seating which has been there for decades, a problem now.
Funny that the people who sued, benefitted from these services and even utilized.
BOOOO!
Back to square one!
Sounds like the ZBA has to quickly step in to prevent 3 Westport gems from being shot in the foot.
Westport eats its own.
Sometimes the nostalgia posts get frustrating for the recent entrants, but what made the town special is rapidly disappearing.
It barely resembles anything related to New England, has become overrun and generic. Used to be quirky, now it’s just Darien East.
These places won’t survive without alcohol, that’s where the margin is. Eventually yet another generic house will replace OMG.
All because of a few who protested and some don’t even reside in the neighborhood !
Economic reality slain by myopic legal ruling. P&Z did a wonderful thing by slightly adjusting zoning regs (for several businesses) so we may continue to benefit from these local markets–to be killed by a dozen citizens (including one who doesn’t even live here anymore!). Heavens! Can’t have people buy food and sit at nearby tables! Enjoy gelato from a cart? Bah! Have a glass of the devil’s juice with your pizza? Everyone will get drunk and make too much noise!!! Let’s run it back and figure out a bullet-proof zoning reg!
So according to the decision by Judge Radcliffe here are the friendly neighbors we can all thank for suing Old Mill / P&Z to stop the scourge of anyone enjoying a glass of wine: Ellen and David van Dorsten, Joe Coelho, Janice Bergin, Nicholas Visconti, Clark Hanford, Ellen and David Sosnio, Rosemarie Doino, Deidre Kantor, and Anthony and Jennifer Woodson. A great group of people and true friends of Westport and the local business community.
wasn’t robin tauck the lead plaintiff? did she bow out of the lawsuit?
Forgot to add — thank God for our wonderful neighbors / plaintiffs who stopped the nefarious invasion of unregulated gelato carts!
What a shame. Once Elviras, now Old Mill Grocery has been a staple establishment and neighborhood gathering place for 20+ years. It baffles me that a few disgruntled neighbors can make an already difficult business even more challenging. The sale of wine is not going to ruin a neighborhood lol
We called them “killjoys” then “buzz killers”…idiots who enjoy removing pleasure or causing discord.
Are the names of the handful of people who are raising hell available in the court documents or otherwise? This is soooo “Un-Westport”. Can we hold a mini -town meeting with these people to discuss how their grievances are really wreaking havoc on Westport’s treasured culture. I am so disheartened by this development.
They are in the court documents.
Was the decision by the Judge legally sound? If it was legally sound, I don’t understand attacking the Plaintiffs? You might not like the outcome, but I would think it was a legal decision. I feel a little uncomfortable about how these Plaintiffs are being portrayed. I think you might want to soften the tone. With all that said, I’ve never been to that establishment or neighborhood.
“Buzz killers” and “ idiots “ are description of the Plaintiffs that are a bit too aggressive and could lead to some problems! You don’t use the word “kill” in your description of the Plaintiffs.
Agree, Jack. I love Old Mill for sure. But the plaintiffs are homeowners and taxpayers who are more significantly affected by the business at hand than most. At least respect that …
That gelato cart was amazing! How sad.