Tag Archives: Ira Bloom

Retirement Looms For Eileen Lavigne

Six years ago this month, COVID roared into Westport.

Schools closed. Social distancing sprouted. No aspect of daily life was spared.

Town Hall was closed to most staff. From their homes, officials struggled to manage the crisis.

Assistant town attorney Eileen Lavigne faced a barrage of executive orders, from Governor Ned Lamont.

Boards and commissions could now meet remotely. How would they do it? How could the public join in?

Outdoor dining rules were loosened. What did that mean for Westport? What rules had to change? Who would enforce the new ones? What was practical, doable, realistic — and what would the objections be?

Even notary publics — what they could do, where and how — were impacted.

Eileen Lavigne (Photo/Suzanne Sherman)

“It was fascinating — like being back in law school,” Lavigne recalls.

“I had to do a lot of research into how each new regulation affected Westport.”

Fortunately, she loves the research aspect of her job.

Unfortunately for the town attorney’s office — and everyone in the rest of Town Hall — she won’t be doing it much longer.

Lavigne’s last day is June 5. She’s retiring, leaving big legal shoes to fill.

The Northampton, Massachusetts native majored in public accounting at the University of Nevada. She thought she’d be a tax attorney, but enjoyed her corporate law classes at Pepperdine Law School. After graduation she headed to Washington, for corporate and securities work.

A stint in New York as general counsel for a wine and liquor importer followed. In 2002 she, her husband and young children moved to Westport.

Like many families, they were attracted by the schools, Longshore, the Compo Beach playground, and the variety of things to do.

Lavigne stepped back from full-time work, to raise her children. But she jumped into civic volunteerism — first with the League of Women Voters, then in 2005 on the Representative Town Meeting (RTM). She served 6 terms, including 3 years as deputy moderator and 4 as moderator.

Eileen Lavigne (center, wearing flag cap) marches with fellow RTM members at a Memorial Day parade.

Lavigne passed the Connecticut Bar in 2013, and worked part-time for Cohen & Wolf. When Gail Kelly retired as assistant town attorney nearly a decade ago, the job — focused on research, and touching all aspects of local government — seemed like a good fit.

“The town is my only client,” says Lavigne, who is officially employed by Berchem Moses, the law firm of town attorney Ira Bloom.

That client encompasses “all the elected and appointed officials,” says Lavigne.

Revising ordinances, reviewing contracts and easements, assisting with Freedom of Information Act requests — and much more — she provides “clear, consistent legal advice, so they can make informed decisions.”

Lavigne loves learning new things. A question about the laws governing trees on town property, for example, sends her digging into the history of a particular parcel of land.

“It’s a really fun job,” she says.

Also enjoyable: “the people at the firm, and Town Hall. We’re so lucky to have so many bright, dedicated teams working for Westport.”

As assistant town attorney, Eileen Lavigne has worked with 3 first selectmen. Jim Marpe (above) honored her son Alexander Flug with an Eagle Scout proclamation. 

During her tenure, Lavigne has learned that “people really, really care about this place. There are so many people with great ideas and great energy. They’re problem solvers. They want to pitch in.”

There are, inevitably, misperceptions about her role as assistant town attorney. She is not, as some members of the public think, legal counsel for residents.

“I can’t help a problem one neighbor has with another,” she notes. “I’m the lawyer for departments.

“I get it. Lawyers are expensive. Some people think I’m here to give them advice.”

When those questions arise, she “points them in the right direction. I tell them who they need to talk to in a particular department to help.”

Lavigne will miss working with colleagues in Town Hall, and at Berchem Moses — Bloom, staff members, and of course the 3 first selectpersons she’s served.

She will not miss “having a full schedule.” Soon, Lavigne will have time to join a gym, go kayaking and to the Farmers’ Market, visit her father in Massachusetts, spent time with other family members, and go to car races.

That’s right. She remarried last June. Her husband Tim restores — and races — classic autos.

Eileen Lavigne and Tim Ritchie were married at Compo Beach last June. Her daughter Kat served as officiant. (Photo/Dave Matlow)

“I’ve loved it all,” Lavigne says. “I’m honored to have had the experiences I’ve had.”

Even the ones during COVID.

So the next time you log on to a Zoom town meeting or dine outdoors, think of Eileen Lavigne.

Her Town Hall office was closed. But the assistant town attorney was working harder than ever, on behalf of the town.

(“06880” often profiles women and men behind the scenes. If you enjoy stories like these — or anything else on “06880” — please click here to support our work. Thank you!)

Roundup: More Hamlet Action, New Parks & Rec Programs, T-Mobile’s Weston Woes …

Profuse apologies!

For the second time yesterday, a technical glitch prevented David Rosenwaks from joining our Instagram Live.

It was not his fault. He’s a very tech-savvy guy. The blame lies elsewhere — I’ll take it!

But the third time will be the charm. Because Dave and I will be together, in person. No issues with remote.

The date is this Friday (September 5), at 4 p.m. We’re on Instagram @06880danwoog.

Thanks for your patience!

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When the Planning && Zoning Commission voted 4-0 (with 3 abstentions) to deny ROAN Ventures’ Hamlet at Saugatuck application, many town officials and residents expected an appeal.

The developers of the retail/residential/event space project have indeed gone to court.

But another legal action is in the works too.

Gloria Gouveia — former Westport zoning administrator, and founder of her own Land Use Consultants firm — has filed a zoning amendment application with the P&Z.

Its goal is to repeal regulations adopted in 2022 — at ROAN’s request — that allowed the firm to propose the Hamlet.

Citing the length of the application process and the difficulty of determining the proposed development’s compliance with the regulation (Section 24C), Gouveia’s request includes reasons in support of the repeal, and a list of benefits to the town should the repeal be granted.

Gouveia says this is her first application to repeal a zoning regulation in her 40-plus year career.

Part of the Hamlet plan, as seen from the Saugatuck River.

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Speaking of local politics: As reported by “06880” earlier, Altice has rearranged its Optimum channels.

Government meetings are no longer available on Channel 78. They can now be found on Channel 1310.

Go figure.

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Westport’s Parks & Recreation Department fall (and winter!) program signups began at 9 a.m. this morning (September 3).

Stop reading now! Go sign up — some go fast.

Programs include fall tennis, youth soccer, baseball clinics, multi-sport clinics, youth basketball, ice skating and swimming.

Click here to see the full program lineup.

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If you’re a T-Mobile customer in Weston, you’re probably not reading this on your phone.

Weston Today reports that a sudden shutdown in cell service has resulted from the company not coming to terms with the town on a lease of a tower.

The town has reached agreements with AT&T and Verizon.

First Selectwoman Samantha Nestor notes that the decision to shut down service was made by T-Mobile, not the town. The company did so without notifying town officials or customers.

Weston Today says, “The shutdown appears to affect all Weston T-Mobile users, including students, teachers, and emergency responders. Users in nearby towns may also be affected.” Click here for the full story. 

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Neighbors and Newcomers of Westport is gearing up for a new year.

Members enjoy clam bakes, coffees, holiday parties, kayaking, barbecues, happy hours, wine tastings and TGIF get-togethers.

They play canasta. They go hiking and to movies. There is a book club, culinary group and luncheon club. There are trips to museums, baby and toddler play groups, and girls’ nights out. The group is always looking for new ideas, and very responsive to members’ needs.

It’s not just a “newcomers” group. All Westporters are welcome. Though most are women, men are active too. There are singles as well as couples.

For membership information, email membershipnnwestport@gmail.com. For events: eventsnnwestport@gmail.com. For all other questions, contact presidentnnwestport@gmail.com.

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And the winner is …

The Edge of Water.”The multi-generational debut novel by Olufunke Grace Bankole is the winner of the 2025 Westport Prize for Literature. The award is presented annually to an original work of literary fiction that is both relevant and timeless.

Bankole will be honored at the Westport Library on November 6 (7 p.m.). She will then take part in a special conversation with Yale Review editor Meghan O’Rourke.

Copies of “The Edge of Water” will available for purchase and signing.

This is the third year for the $10,000 prize. Previous honorees were Zadie Smith for “The Fraud,” and Alejandro Puyana (“Freedom is a Feast”).

The 2 other Westport Prize finalists this year were “O Sinners: by Nicole Cuffy, and “Rabbit Moon” by Jennifer Haigh.

“The Edge of Water” follows Amina, who moves from Nigeria to New Orleans to forge her own path. But a hurricane threatens to destroy the city, upending everything she’d dreamed of and the lives of all she holds dear. Years later, her daughter is left with questions about the mother she barely knew, and the family she has yet to discover in Nigeria.

Submissions for the 2025 prize were read and vetted by a team of nearly 50 volunteer readers. The best-reviewed books advancing to a jury, for final selection.

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As summer vacation ends, Saugatuck Church hosts a “Welcome Back Sunday.” It’s this week: September 7.

The 10 a.m. service includes a “blessing of the backpacks” — a perfect way to start the new school year.

A coffee hour, with food and refreshments, follows. All are welcome.

Last year’s Blessing of the Backpacks.

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Adam Frank is an expert on life in the universe.

And death.

On September 16 (8 p.m.), the University of Rochester astrophysics professor offers a Westport Astronomical Society lecture on “The Search for Life in the Universe.”

The WAS calls him “a leading expert on the final stages of evolution for stars like the sun. (His computational group) has developed advanced supercomputer tools for studying how stars form and how they die. A self-described ‘evangelist of science,’ he is also committed to showing others the beauty and power of science, and exploring the proper context of science in culture.”

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“06880” reported in July that Soleil Toile was closing.

The Post Road East lingerie/swimwear/accessories/and more shop is now fully gone. All that remains:

(Photo/Amy Schneider)

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Westport town attorney Ira Bloom, a senior partner at Berchem Moses, recently received the Marvin J. Glink Private Practice Local Government Attorney Award from the International Municipal Lawyers Association (IMLA).

It recognizes “an exceptional private practice attorney serving municipal clients who demonstrates the traditional qualities of excellence in the practice of law, along with providing outstanding service to the public, and who possesses an exemplary reputation in the legal community, the highest of ethical standards, who is devoted to mentoring young lawyers, and who is devoted to educating lawyers in local government law.”

Bloom has been Westport’s town attorney since 1998. He holds similar positions in New Canaan and Weston. He is also town counsel for Wilton, and counsel for Easton.

Ira Bloom

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Many of us in Westport take for granted the greenery that surrounds us.

Today’s “Westport … Naturally” image from Compo Cove reminds us of the lushness everywhere, at this time of year.

(Photo/Richard Fogel)

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And finally … in honor of the blessing of the backpacks (story above):

(Happy new [school and activity] year! Help us celebrate, by clicking here to make a tax-deductible contribution to “06880.” Thanks — and have a great one!)

 

 

Petitioners Ask RTM To Review Parker Harding. Assistant Attorney Advises: Not In RTM Purview

Westport resident and former Representative Town Meeting member John McCarthy organized a petition, asking the RTM to review the Downtown Plan Implementation Committee’s “goals, process and proposed plans” for Parker Harding Plaza.

The petition, with the signatures of 61 electors, was delivered to the Town clerk on June 27.

On Monday, assistant town attorney (and former RTM moderator) Eileen Lavigne Flug advised RTM moderator Jeff Wieser to reject the request.

Her memo to him, as well as 1st Selectwoman Jen Tooker and Town Attorney Ira Bloom, said:

You asked me to review a petition from John McCarthy and over 20 other electors received by the Town Clerk on June 27, 2023, requesting that you place on the September 5, 2023 Representative Town Meeting (“RTM”) agenda, “A review of the [Downtown Plan Implementation Committee’s (DPIC’s)] goals, process and proposed plan for Parker Harding, to be led by the lead petitioner [John McCarthy], with an invitation of the Chair of the DPIC to present if desired, with time reserved for RTM member and public comments
following the review.”

Section C5-6(C) requires the Moderator to place on the RTM agenda “such matters as…20 electors…may request.” It is your decision as Moderator to determine whether the petition requests an agenda item that is actually within the RTM’s purview. I understand from your email to Mr. McCarthy that you have already advised him that this is not an actionable item by the RTM, and I agree.

This screenshot from the Downtown Plan Implementation Committee shows the Parker Harding lot, and its proximity to the Saugatuck River.

This memo will elaborate on legal advice I gave you in our prior discussions about this.

The Supreme Court of the State of Connecticut has stated that: “Common sense is to be employed in the construction of a charter…. A city charter … ‘must be
construed, if possible, so as reasonably to promote its ultimate purpose.’ … ‘The unreasonableness of the result obtained by the acceptance of one possible alternative interpretation of an act is a reason for rejecting that interpretation in favor of another which would provide a result that is … reasonable.’”

Section C5-6(C) cannot reasonably be read to require that any item presented as described in that section must be placed on an agenda. Moderators have determined several times in recent years that petitioned items are not appropriate for the RTM agenda, including while I myself was Moderator.

Petitions to the RTM that have been denied in the past include a petition to overturn a Planning and Zoning Site Plan and Special Permit (which the RTM does not have the authority to do), and petitions to add an RTM rule or adopt an ordinance that would conflict with the Town Charter.

The purpose of an RTM meeting is to consider actionable items within the RTM’s purview. The purpose is not to provide a public forum for a discussion of any topic that 20 or more electors wish to discuss in a televised meeting in the Town Hall auditorium. There are other venues and forums for such discussions.

The RTM has an essential role in Town government. The RTM’s role in the proposed Parker Harding reconstruction is to consider whatever upcoming appropriations may be requested by the administration and recommended by the Board of Finance. In addition, if the P&Z were to issue a negative 8-24 or approve a map or text amendment relating to the project, the RTM may be asked to review that. There will be ample time for the public to express its views on the plans and the desirability of the project at the RTM committee meetings and the meetings of the full RTM when any such item is on the agenda.

McCarthy responded to Wieser:

Thank you for sending me the attached letter from Eileen Flug regarding our certified petition to the RTM which was delivered on June 27, 2023. Having worked on the RTM with both of you, I am quite perplexed as to how you and Eileen can both take  the position that the Parker Harding matter should not be put on the agenda of the September 5th meeting. You know that this is an incorrect position to be taking.

The petition was signed by 61 Westporters who all took at face value the promise of the RTM as written in its Rules of Procedure (Sec. A162-6) as appended to the Town Charter where it says.

“The Moderator or, in the event of the Moderator’s inability to act, the Deputy Moderator or, in the event of the inability of both, the Town Clerk shall place on the agenda of the Representative Town Meeting such matters as the First Selectman, two Representative Town Meeting members or 20 electors of the Town may request by written notice delivered to the Moderator or the Town Clerk not less than 14 days prior to a Representative Town Meeting,…”

I also note that the per the Town Charter that “the term “shall” is to be construed as being mandatory” ( Sec. 1-2. – Definitions and rules of construction.)

So as this non-lawyer (and a few lawyers I have spoken with) sees it, as RTM Moderator you are mandated by the Town Charter to place onto the agenda of the next meeting the matter that was requested by more than 20 electors on a duly certified petition.

I trust you will do the right thing and place it on the RTM Agenda when it comes out on Monday August 21st.

Question Box #5

Our Question Box is once again full.

Here are the latest answers — to the best of my ability, anyway. I’m stumped by many of these queries. So readers: Please chime in with any additional information. Click “Comments” below.

And if you’ve got a question for our box, just email dwoog@optonline.net.

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I read a lot about “affordable housing” in Westport. What is considered “affordable,” and who sets the guidelines?

Guidelines are set by Connecticut General Statute 8-30g. Click here for the exact 2021 income limits, and rental maximums.

Housing limits at places like Sasco Creek Village are set by the state.

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Who hires the town attorney, and how much is he or she paid? (David Meth)

According to town attorney Ira Bloom, the First Selectman (or woman) appoints the town attorney. The budget for the position has various components:  retainer amounts for the town attorney and assistant town attorney; a component for labor and employment, and the contract services — the largest piece — which covers litigation and longer-term projects.

Neither Bloom nor the assistant town attorney, Eileen Lavigne Flug, are town employees, so they do not receive a “salary” per se from the town.

Town attorney Ira Bloom

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Is there a committee for the Baron’s South project, or a way to get involved? (Whitney Raith)

Baron’s South falls under the purview of the Parks & Recreation Department. Contact director Jen Fava (jfava@westportct.gov) to let her know you’re interested.

Baron’s South is a gem in the heart of Westport. (Photo/Wendy Crowther)

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Also from Whitney Raith: Why are there so many dead-end private streets? Does this lessen the town’s road upkeep?

Now that’s something that I — as a native Westporter — never thought about.

My guess is it’s a function of how the town grew. As farmland was sold to developers, they built homes off the main roads. If the houses were behind each other, they needed a way to get to the main road. Because there was still undeveloped land behind, the new roads did not connect to others, so they became dead-ends (more delicately, cul-de-sacs [or “culs-de-sac”?]).

I’m sure the nature of people moving to town — seeking privacy, which “private” roads provide — had something to do with it too.

I don’t think it was a way for the town to avoid upkeep. But if my theory is wrong — or you’ve got other ideas — click “Comments” below.

In this 1965 aerial view, Staples High School is on the left. An arrow points to High Point Road. Located off Long Lots Road, and the longest cul-de-sac in Westport, it was developed in the 1950s.

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Was there a mini-golf course where Lansdowne is now located? I was also told that it previously was the dump. (Antonia Zegras)

Fore! The 33-acre Lansdowne condos — located on Post Road East, just west of Stop & Shop — were once the site of mini-golf, and a driving range. For a while, a Bedford Junior High phys. ed. teacher had a trampoline business — “Ed Hall’s Jumpin’ Gyminy,” or something like that — out in front too.

Plus a skating rink, which eventually morphed into the short-lived Nines Club discotheque, courtesy of orchestra leader Lester Lanin. (You can’t make this stuff up.)

That rink/disco lives on, as the Westport Tennis Club.

As for a dump: I recall stuff being dumped in the back of the driving range after the mini-golf complex closed, but I can’t swear to it. Readers: If you remember: Click “Comments” below.

Once a mini-golf course and driving range; now well-established condos.

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I drive up and down Long Lots Road several times a day. Almost always, I see a flock of hawks circling, always between Turkey Hill Road and Hyde Lane. Can any readers explain why? (Lawrence Weisman)

Hawk-lovers: What’s up (ho ho)? Click “Comments” below.

Not Larry Weisman’s hawk — but very cool nonetheless. (Photo/Lou Rolla)

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I know that Alcoholics Anonymous meets at the St. Luke Church stables on Long Lots Road. Were there actual stables there at some point? (Arthur Hayes)

I don’t know the answer. I’m sure some of our alert readers do. But I’m guessing there were. It doesn’t seem like a name that came from thin air.

The St. Luke Church stables. Were there once horses there?

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Is there anything new concerning the incomplete structure on Hillspoint Road diagonally across from Joey’s by the Shore, where a series of restaurants used to be located? (Paul Rohan)

Nope! Negotiations continue, following a cease-and-desist order for violations on the residence that was slated to replace (most recently) Positano’s.

Construction has been halted at 233 Hillspoint Road. (Photo/Dinkin Fotografix)

Do you have a question for the Question Box? Email dwoog@optonline.net. When it’s full, I’ll answer them.

Unsung Hero #8

On Friday, Gail Kelly finishes her 15-year stint as Westport’s assistant town attorney. (She doesn’t say “retiring” — just moving on to new things in life.)

Everyone working at Town Hall is sorry to see her go.

But none more than Ira Bloom.

“It’s a tremendous loss for the town government — and me,” says the longtime town attorney. “Gail has done an excellent job.”

Gail Kelly

Working out of a Town Hall office — though, like Bloom, she is employed by the private Berchem, Moses & Devlin law firm — Kelly handles Westport’s day-to-day legal affairs.

That means reviewing contracts and RFPs; handling Freedom of Information inquiries; coordinating with the Representative Town Meeting on ordinances, and attending board of selectmen meetings.

Kelly is available to all Town Hall personnel, in offices ranging from the town clerk to public works to conservation.

“A lot of lawyers know the charter and ordinances,” Bloom says. “But what distinguishes Gail is her uncommon common sense, her excellent judgment and her terrific sense of humor.”

She is adept at “defusing difficult situations. She’ll tell you the law, and then she’ll have a sensible answer people accept,” Bloom adds.

For 15 years, Kelly has served the town with efficiency, poise and professionalism — and not many kudos.

Congratulations, Gail Kelly — and good luck as you retire move on!

(Know of an unsung hero we should celebrate? Email details to dwoog@optonline.net)

Town Fights 8-30g — And Wins

A real estate developer buys suburban land. He announces plans to build a massive number of housing units on it. Citing Connecticut’s 8-30g statute, 30% will be “affordable,” according to state guidelines.

Townspeople — worried about the impact of such a massive development — rise up to oppose it.

Sound familiar? It happens all over — including Westport.

Here’s the unfamiliar part: The townspeople won.

The town is not Westport. But it’s nearby.

Easton residents and officials just got big news. A 5-year battle against a 99-unit, 31-building townhouse complex, on 124.7 acres of watershed bordered by Sport Hill, Westport, Silver Hill and Cedar Hill Roads, has come to an end. An appellate court declined to hear the developer’s appeal of a January decision by Hartford’s housing court, which upheld Easton’s Planning and Zoning Commission and Conservation Commission’s 2011 denial of that plan (and a previous one for 105 units).

Part of the Easton property proposed for a 99-unit 8-30g housing development.

Part of the Easton property proposed for a 99-unit 8-30g housing development. (Photo/Google Earth)

How did they do it?

Ira Bloom explains. He was legal counsel for the town commissions. He’s also Westport’s town attorney, so he knows something about 8-30g.

Unlike most zoning applications, Bloom says, if a town commission turns down an 8-30g application, the burden is on them — not on the developer — to prove they made the right decision.

There are a couple of ways to do that, Bloom says. One is to show there is “substantial public interest” in the denial. “Mere traffic congestion” does not work, Bloom notes. Traffic safety, however, may. “Substantial public interest” must clearly outweigh the need for affordable housing in that town.

Another way is to show that no possible modification of the proposal would satisfy the requirements.

Ira Bloom

Ira Bloom

“That’s a heavy burden of proof,” Bloom says. In fact, last year 9 8-30g cases were decided by Connecticut courts. 7 were won by developers. Towns prevailed in only 2 — including Easton.

Bloom argued that because the 99 units would be built on public watershed — serving most of the Easton — the town had a substantial public interest in denying the application. He cited Department of Energy and Environmental Protection guidelines that no more than 1 unit be built on every 2 acres of watershed.

In Westport, officials used the “substantial public interest” argument in denying a proposal for a large 8-30g complex on Wilton Road, near Kings Highway North. The fire chief testified there were severe safety concerns, about the ability of his department to access the proposed complex.

Westport is now writing briefs for that case. They’re due August 12. The developer — Garden Homes — then submits their own briefs.

Easton has very little affordable housing. Westport has more.

But when it comes to 8-30g, no town is out of the woods.

And, Bloom notes, the Easton developer still owns that property. A new proposal may be in the works.