Tag Archives: Town attorney Ira Bloom

Old Mill Deli, Cribari Bridge: The Latest News

There are 2 big issues in Westport this week: Old Mill Grocery, and the Cribari Bridge.

“06880” is following both closely. Here are yesterday’s developments.

In the aftermath of Wednesday’s ruling by Superior Court Judge Dale Radcliffe, sustaining the plaintiffs’ lawsuit against Old Mill Grocery & Deli, town attorney Ira Bloom told “06880”:

My law partners and I have been reviewing the trial court decision carefully. We continue to disagree with the trial court’s analysis. The trial court sustained the appeal by the neighbors, thus voiding the text changes, and specifically ordered OMG to cease any activities inconsistent with the lawful preexisting use, including the sale of alcohol.

At this point I need to confer with the Planning & Zoning Commission, First Selectman Christie, and counsel for OMG to review our options. I will have more information in a few days. To answer your question regarding the other 2 properties (Gruel Britannia and The Country Store on Wilton Road), yes, they are also directly impacted by the court decision.

Bloom added:

Appeals in land use cases are not automatic. A party desiring to appeal a trial court decision must file a Petition for Certification to the Appellate Court, which is a request to the Appellate Court to take the case on appeal.

The petition must state the grounds. It is then discretionary with the Appellate Court. Any party has 20 days from the trial court decision to file a petition.

Old Mill Grocery & Deli. (Photo/Nathan Greenbaum)

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As part of its ongoing study of the Cribari Bridge rehabilitation/replacement project, the state Department of Transportation has released a detailed Environmental Assessment and Evaluation.

The 160-page document offers details of the current bridge, including history, traffic, functional issues, and controversy over its future.

The bulk of the report covers “environment and environmental consequences,” spanning property acquisition, socioeconomics, traffic, public safety, visual and aesthetics, cultural resources, water quality, navigable waters, wetlands, floodplains and coastal resources.

Five alternatives are mentioned throughout:

  • No build
  • Conservation
  • Rehabilitation
  • Replacement on-alignment
  • Replacement off-alignment.

DOT consistently offers “replacement on-alignment” — the same alignment as the existing structure — as its preferred alternative.

Click here for the full report. (Hat tip: Robbie Guimond)

Cribari Bridge, as shown in DOT Environmental report …

… and an aerial view, from the same document.

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2nd & 3rd Selectmen: Digging Deep Into The Town Charter

David Rosenwaks’ candidacy for first selectman is a novel experience for Westport voters.

And not just because he is on the Independent Party line.

He is also running solo — without a running mate.

Which raises an interesting question: If he wins next month, who will fill the other 2 seats on the Board of Selectmen?

When there are running mates — which has always been the case  in the past — the Town Charter is clear: They become 1st and 2nd selectpersons. The runner-up candidate for the top spot is the 3rd selectman (or woman).

But if Rosenwaks wins, there would be two seats to fill, on the 3-person board.

Would the first runner-up become 2nd selectman, and the next person — the one with the fewest 1st selectman votes — be 3rd selectman?

Or would the second-place ticket — both candidates from the same party — be sworn in as 2nd and 3rd selectperson?

Five candidates vie for 3 seats. From left: Democrats Kevin Christie and Amy Wistreich; Independent David Rosenwaks; Republicans Andrea Moore and Don O’Day.

“06880” asked town attorney Ira Bloom, who will advise town clerk Jeff Dunkerton (he’s got the final decision). Bloom says:

“This is an important and interesting question, which Jeff Dunkerton asked of assistant town attorney Eileen Lavigne and me several weeks back.

“We looked at the Charter, and concluded that if David wins the race, Kevin Christie and Don O’Day (the other 1st selectman candidates) would serve as the other 2 selectmen.”

Bloom said that the other option — the losing ticket candidates with the second most votes take the other 2 seats—would “in theory give that losing ticket the ability to oppose anything the winning 1st selectman proposes.  That may appear unfair to some people.”

“The Charter does not expressly address this, but it does discuss an analogous situation.”

It says that if a person who is not nominated by a party wins, then the 2 defeated 1st selectman candidates become the other selectmen.

Bloom says, “We interpret this provision to be addressing the case of a person who runs alone, resulting in 2 open seats, in which case the two defeated First Selectman candidates become Selectmen. (The Charter language is, ‘the 2 defeated candidates for 1st selectman having the highest number of votes,’ because in some cases there may be more than 3 total 1st selectman candidates).”

The town attorney adds, “There is nothing in the Charter provision that would indicate that the second highest vote-getting 1st selectman’s running mate would become a selectman, which would have the paradoxical effect of giving the defeated candidate majority control over the winning candidate.”

Bloom sent along the relevant section of the town charter (section C4-1. — Composition & Election). It says:

Westport Charter § C4-1. – Composition and Election.

The Board of Selectmen shall consist of the First Selectman and 2 other Selectmen, no more than 2 of whom may be members of the same political party. No political party shall nominate more than 1 other candidate for Selectman. Such candidates shall be listed together upon the ballot or machine. No elector shall cast more than 1 combined vote for First Selectman and 1 other Selectman. The candidate for First Selectman having the highest number of votes shall be elected First Selectman, and the candidate for Selectman combined with the elected First Selectman on the ballot or machine shall be elected a Selectman. The defeated candidate for First Selectman having the highest number of votes shall be elected a Selectman. If a person is elected First Selectman who has not been nominated by a political party, the 2 defeated candidates for First Selectman having the highest number of votes shall be elected Selectman. The Selectmen shall be elected quadrennially as provided by the General Statutes. Upon election, each member of the Board of Selectmen may decide whether to be designated as Selectman, Selectwoman or Selectperson.

That settles it!

And for what it’s worth, the last line helpfully clears up the ongoing question of gender.

Town Officials React To ROAN’s 8-30g

In the aftermath of ROAN Ventures’ announcement yesterday that they plan to file an 8-30g application, to build 400-500 units of housing — 30% of them affordable, under a state formula — following the Planning & Zoning Commission’s rejection of their Hamlet at Saugatuck multi-use proposal, “06880” asked town officials for their reaction.

P&Z members said they could not comment, due to a pending lawsuit. On Thursday, ROAN went to court to appeal the Hamlet decision. Town attorney Ira Bloom reacted to that news, saying, “The Planning & Zoning Commission spent a tremendous amount of time on this application, and I feel very comfortable defending the resolution denying the application.”

An early rendition of the proposed 8-30g affordable housing project.

Democratic Party-endorsed candidate Kevin Chrsite says, “The future of Saugatuck is critical to Westport’s future. Is this forthcoming application really what’s best for Westport, the developer, and the developer’s investors?

“What’s best for Westport is a solution that addresses the needs of our community. So much dialogue and effort has been invested to meet the town’s needs for mixed-use development in Saugatuck through The Hamlet. We should build on that foundation. It is in everyone’s best interest to come together and deliver a solution that works for Westport and all involved.”

Republican Party-endorsed candidate Don O’Day says, “This application was certainly not unexpected. Town leadership, both now and in November, must work with ROAN within the parameters of the current 8-30g law, to ensure the best possible outcome for Westport. While we all know that 8-30g significantly limits local zoning controls, we will have no input unless we are willing to engage.”

Independent Party candidate David Rosenwaks says, ‘The majority of people in Westport want some development. But not to the extent of what was proposed. How did we get here, held hostage by a developer that doesn’t connect with what most people want?

“I am not pleased that Westport has been put in this position. Having just launched my campaign yesterday, I’m continuing to review the 8-30g proposal in light of the voices of our residents. In an ideal world, we would be able to come back to the table with the developers and try to find a middle ground.”