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.
Staples Players’ astonishing production of “Les Misérables” concludes its 10-show run this afternoon (Sunday, 2:30 p.m.; click here for information).
Before the (spectacular) set is struck, however, it’s worth praising Players once again.
Today, kudos go to the tech crew: the young men and women who seldom get the credit they deserve, but without whom there would be no show at all.
These very talented, tremendously hard working, incredibly dedicated students build sets, oversee lighting and sound, create costumes, and do much, much more.
Once the play begins, it’s run entirely by students. They are responsible for keeping things moving smoothly — even when they go awry.
Colin Walker says, “I have the fortunate privilege of being the technical director. I get to be with these students on a daily basis. I see how hard they work. They make invaluable contributions to the success of the show.”
They sure do. Take a bow, “Les Mis” tech crew!
Staples Players tech crew, on set. (Photo/Colin Walker)
Jillian Elder’s Westport Holiday Lights Collection features local landmarks like the Cribari Bridge, Minute Man monument and Compo Beach cannons. Each piece is available on shirts, prints, mugs and totes.
New at the online shop: Westport Is my Happy Place. It’s a tribute to the town’s charm and creative spirit.
Esterina D’Amico, who was born in her parents’ Westport home, and was a lifelong resident, died Thursday, in Norwalk Hospital. She was 95.
Ester spent more than 40 years as an administrative secretary for PerkinElmer in Norwalk. She was a faithful parishioner of Assumption Church. She loved traveling the world, and was an accomplished skier.
She is survived by her brothers Anthony and Peter D’Amico; sister Geraldine Stauss; 17 nieces and nephews; and many grandnieces and grandnephews.
She was predeceased by her brothers Edward, Rudolph and Anthony, and sisters Adeline Coviello, Margaret Incerto, Mary Aldrich and Josephine D’Amico.
A funeral Mass of Christian Burial is set for Tuesday (November 25, 11 a.m., Assumption Church). Interment will follow in Assumption Cemetery on Greens Farms Road.
The family will receive visitors at Harding Funeral Home from 9:30 to 10:30 a.m. Condolences may be left online at www.hardingfuneral.com. Contributions in Ester’s memory may be made to a charity of one’s choice.
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Westporters may not yet know who they’re voting for, in the coming election.
But the jobs that candidates are running for are pretty straightforward.
The Board of Finance handles finances. The Board of Education covers education. The Board of Selectmen/women (or better, “Selectors”) is, by New England tradition, our executive branch.
But what’s the difference between the Planning & Zoning Commission, and the Zoning Board of Appeals? That can be confusing.
Michelle Perillie — director of Westport’s Planning & Zoning Department — gives us the breakdown. She says:
In Westport, Planning & Zoning is a department within the town government.
It’s overseen by the 7-member Planning & Zoning Commission. Elected by voters, they regulate land use and development. By state law, the commission is responsible for developing and updating the Town Plan of Conservation and Development every 10 years, enforcing zoning ordinances to control land use, and approving applications for new construction and development projects.
The Planning & Zoning Commission’s mission is to promote public health, safety and welfare, prevent overcrowding, and ensure that adequate infrastructure and public services are available to support growth.
The P&Z’s work often involves striking a balance between progress and preservation. The public can influence Westport’s future by electing commissioners who share their vision for how the town should grow.
Planning & Zoning Commissioners are elected every two years. This year, 4 candidates are running for 3 open seats.
The Zoning Board of Appeals, meanwhile, is a state-mandated board required in any municipality with a zoning commission.
The ZBA is a quasi-judicial board of 5 elected members, acting primarily as a “safety valve” for the zoning regulations. The ZBA can grant variances from the zoning regulations when an applicant demonstrates a hardship.
The ZBA also has the power to hear and decide appeals from decisions of the zoning enforcement officer, and in limited cases where authorized by regulation, determines when to issue special permits.
To prevail at the ZBA, an applicant must receive the concurring vote of 4 board members.
Elections for ZBA members are held every two years. This year, there are 3 candidates for 2 open seats.
Giles Goodburn lives in Westport. But he grew up in the UK, where he became great friends with rugby teammate Marc Bennett.
They stayed close over the years. Their families celebrated special occasions together; they vacationed together too, all over the world.
Most recently, the Goodburns would visit the Bennetts in Dubai, where Marc — a travel industry executive — worked. Marc, Nancy and their 2 boys would reciprocate, in Westport. Marc loved fishing off the Westport shoreline, and Cockenoe Island.
One memorable Christmas Eve, Marc, Giles and and their sons skated at Longshore. Marc fell, dislocated his shoulder, and spent that night in the ER.
“He was the life and soul of the party, and a dear friend,” Giles says.
Marc’s most recent job was with Qatar Airways to boost Qatar’s tourism trade, in the runup to the coming soccer World Cup.
Near the end of 2019, he was found hanging in a Doha hotel. He had been arrested at his office 10 weeks earlier. He told friends he had been detained for 3 weeks, blindfolded, stripped, blasted with high-pressure hoses, slammed against wall and deprived of sleep, by the country’s secret police,
After his release he could not leave Qatar. Authorities there called his death a suicide. But British officials, and Marc’s family, are not so sure.
Last week, the Times of London published a story about the case, and of the secret Qatari unit that was involved. In the run-up to the World Cup, Qatar has attracted international attention for its human rights abuses, and the deaths of foreign workers building stadiums and other infrastructure.
Westport Zoning Board of Appeals member Thomas Hood Jr. died on Thursday at Mount Sinai Hospital in New York. The New Jersey native was 65.
Thomas received his BS in civil engineering from the New Jersey Institute of Technology, an MBA from the University of Connecticut, and a master’s in architecture from NJIT.
He had over 40 years of experience in the design, planning and construction of buildings, software engineering, advanced product development, marketing, and consulting.
Thomas was appointed to the ZBA in 2018. Previously, he spent 2 terms on the Flood & Erosion Control Board.
He was a member of the United Methodist Church of Westport and Weston for more than 30 years, where he served as a trustee and sang in the choir.
Thomas’s favorite activities were spending time with his family, painting, cooking, and being near the water. An avid sailor, he was a member of both Cedar Point Yacht Club and the Mantoloking (New Jersey) Yacht Club.
Thomas is survived by his wife of 40 years, Mary Jane (Pascale) Hood; their children, Elizabeth (James Ifert) of Philadelphia, and Thomas and Meredith, both of Brooklyn; his sister Barbara Hood Benz (Charles) of Mantoloking, and extended family.
Visitation will be held Thursday, (October 6, 4 to 8 p.m., Magner Funeral Home, 12 Mott Avenue, Norwalk, CT). A memorial service is set for Friday (October 7, 11 a.m., United Methodist Church of Westport and Weston).
But if you’ve got children, try to make time to the 2nd annual Fall Family Festival (Saturday, October 15, 10 a.m. to 2 p.m., Greens Farms Academy; $20 per family).
Sponsored by WestportMoms — the multi-platform we’ve-got-kids-covered organization — it features food, crafts, games and fun (bouncy houses, ninja course, music, art projects, DJ, pumpkin and cookie decorating, face painting, hair extensions, glitter tattoos, magic, STEM activities and more).
Many businesses will show off their products and services — all with activities for kids.
Organizers Megan Brownstein and Melissa Post ask attendees to bring gently worn jackets, for donations to a local non-profit.
Speaking of kids: They love nature. They also love Victoria Kann.
This Sunday (October 9, 11 a.m. to 12:30 p.m.), they can combine both. The author will read from her popular “Pinkalicious: Treasuretastic” book, and sign copies. There’s also a scavenger hunt for natural treasures through the remarkable Blau House gardens, and a chance for children to take a bean home and watch it grow.
The gardens are at 9 Bayberry Ridge Road. Registration and payment ($10 per child, which includes a copy of the book) must be done by October 7. Click here for details.
The 3rd grade Brownies troop from Long Lots School recently raised funds through cookie sales to purchase a native tree for the Long Lots Preserve, next to the Community Gardens.
The Preserve protects land for future generations, while educating Westporters about a healthy environment. It is turning open space overrun with invasive plants and pests into a native New England forest.
The girls — who have been a troop together since kindergarten — worked with Long Lots Preserve director Lou Weinberg, and their troop leaders to dig a hole and plant their tree. It was a great project — one they can see every day, outside their school.
Long Lots Brownies, Lou Weinberg and their Preserve tree.
Westport’s National Charity League chapter invites 6th grade girls to apply for the 2023-24 year.
With over 275 members, NCL Westport has more than 275 members (women and their daughters in grades 7-12) provide volunteer service for over 30 community non-profits.
The 6-year core program includes leadership development and cultural activities. Click here or email mmurphy33Wyahoo.com.
National Charity League seniors, at Ned Dimes Marina.
Lynn Flint writes: “I’m really concerned about the number of people walking on the side of the road with traffic, not against it, wearing dark non-reflective clothes, in the early twilight and darkness — especially where there are no sidewalks, and the streets are poorly lit.”
As darkness falls earlier, this long-running (and walking) problem gets worse. “06880” readers: Please wear light clothing. Walk against traffic, not with it.
And if there’s a sidewalk nearby, use it. Taxpayers have paid good money to save your life.
Light clothing is good. Walking with traffic is not.
Some powerful voices roared last night, as the Zoning Board of Appeals considered an application for a new entrance/exit from the Post Plaza Shopping Center onto South Morningside Drive.
The proposed driveway — referred to by some proponents as a benign-sounding “curb cut” — would be built directly opposite the Green’s Farms Elementary School bus exit. Hundreds of area residents fought the idea, citing safety concerns.
The main entrance and exit for Post Plaza Shopping Center. The entrance and exit would be at the rear, on South Morningside Drive.
Opponents included State Senator John McKinney, who represents Green’s Farms in Hartford, and presumably had other things to do — hours earlier, he announced he’s running for governor.
First selectman candidate Jim Marpe also blasted the proposal.
But some of the strongest words belonged to Joan Constantikes. In 1971 she helped lead the original fight against an entrance/exit there — before construction of the shopping center even began.
Calling the design “selfish and aggrandizing, which would endanger the entire neighborhood,” the octogenarian said (in a letter read by RTM member Dewey Loselle):
It is never too late to do the right thing, and the same issues exist now as existed back then: Do you put the desires of a business group before the needs and safety of school children? I sincerely hope that the kinds of people who joined our cause back then will come to the fore again, and that right will prevail.
More than 4 decades after she began, Joan Constantikes still battles for children.
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