The unfinished structure at 233 Hillspoint Road, on Old Mill Beach, has been the subject of legal wrangling for several years. Revised plans to finish the dwelling may be up for review as soon as next month. / Photo by Thane Grauel

By Thane Grauel

WESTPORT — A structure cloaked in blue sheathing on Old Mill Beach, mothballed for years by legal wrangling and considered an eyesore by neighbors, might soon emerge from its cocoon.

The property at 233 Hillspoint Road earlier in life was home to a series restaurants, including Café De La Plage and most recently Positano’s.

A few years ago, a large house was being built on the site when construction apparently strayed from what had been approved by town agencies.

The building at 233 Hillpoint Road, circa 2016, that formerly housed restaurants for many years, including Café De La Plage and Positano’s. The image shown is from a document filed with zoning authorities in the long-running legal dispute over building a new house on the property.
The logo from an old Cafe De La Plage menu, formerly offered for sale on eBay.

That didn’t sit well with neighbors, or town officials. In December 2019, a stop-work order was issued by the Building Department shortly after zoning officials had revoked the zoning permit and issued a cease-and-desist order.

Since then, the elevated blue box has sat idle, surrounded by chain-link fencing.

Not much has been heard about plans for the structure recently.

The unfinished building has been on the Blight Prevention Board’s radar for some time. 

The group discussed the property briefly at its meeting last week, when it was revealed that plans have been updated and submitted to the town.

Michelle Onofrio of the Building Department said at Thursday’s meeting that an updated application has been filed.

“They are redesigned and resubmitted,” Onofrio said.

She said Building Official Steve Smith told her it will be discussed by the Zoning Board of Appeals at the May 10 meeting.

The ZBA has a meeting scheduled for 6 p.m. that day, but the agenda has not yet been posted.  

There are documents on the town’s website. 

On April 5, local lawyer Eric Bernheim of FLB Law wrote to the ZBA, on behalf of the property owner 233 LLC, in documents hand-delivered to the Planning and Zoning Department. The paperwork includes a notice stating he is requesting approval for a variance and demolition of an existing chimney, an existing conditions survey, site development plans and a comparison of plans, among other issues.

“The modifications requested do not increase the scope or bulk of any variance originally granted and are merely cosmetic changes to the plans originally approved as part of the initial ZBA approval,” an applicant statement filed with the town reads.

That documents list aesthetic modifications, among them are:

• The number, size and locations of windows.

• The type of stone for the stone veneer of the foundation.

• Some siding on east elevation will have fiber cement siding rather than cedar shingles.

• Removal of a spiral staircase.

• Windows instead of vents for atop the cupola.

To see the comparison of the plans previously approved and what is sought, click here.