By Ken Valenti

WESTPORT–The owners of the Old Mill Grocery are trying again to win the right to sell alcohol, months after a Superior Court judge in Bridgeport overturned a Westport law that would have allowed the sales.

The Appellate Court has accepted the owners’ petition to review Judge Dale W. Radcliffe’s Feb. 18 ruling against the law, their attorney, Eric Bernheim, told the Westport Planning and Zoning Commission (P&Z) this week.

While awaiting that ruling, which Bernheim expects to take more than a year, he proposed a new regulation to create a food and beverage “planned development district” (PPD), and would allow the P&Z to designate which lots could be included. He also proposed including the Old Mill Grocery at 222 Hillside Place in the floating district.

“That’s what this PDD is designed to do, to give you as much discretion as you need to make sure that only the right lots are placed into this PDD, but to allow for them to continue to shine in the residential communities where they currently are,” he said on the P&Z’s Monday meeting on Zoom.

Not just OMG

Other properties in residential areas that could be included in the PDD include Gruel Britannia at 161 Cross Highway and the Country Store deli at 332 Wilton Road.

The previous text amendment sought to expand rules regarding outdoor eating and liquor sales to retail food establishments that had operated in residential zones since before September 2024. Radcliffe, in his February ruling, agreed with opponents of the plan to sell alcohol that the text amendment was a “transparent tactic designed to circumvent the prohibition against expanding nonconforming uses.”

Opposition

Joel Green, the attorney for the Old Mill Preservation Group – a  group of residents who oppose the alcohol sales – predicted that the new law would be rejected by the courts, too.

“I can’t imagine that the people of Westport understand the Pandora’s Box that is being opened with this regulation,” he said. “There has been no analysis of the true impact of this regulation on your town.”

The Old Mill Grocery, which is more than a century old, is owned by the non-profit Soundview Empowerment Alliance, which is seeking a new operator after the previous operators, Romanacci, chose not to renew their lease this year. The store does not conform to the zoning rules that apply to its residential location. It is permitted to remain because it operated there before the rules were enacted.

“But it’s a jewel to the beach community,” Bernheim said.

In support

Three RTM members spoke in favor of the proposal.

“What we’re looking for is to keep this gem alive,” said RTM member Chris Tait. “And we’re not trying to make it any more than that.”

The board voted to continue the discussion at its Nov. 2 meeting. 

Ken Valenti

^{_{A career journalist and lifelong resident of the New York City region, Ken Valenti has enjoyed decades of reporting local, regional and national news in New York and Connecticut. Topics of special interest are development, the environment, Long Island Sound and transportation. When not reporting, he’s always on the lookout for the perfect coffee shop or used book sale.}}