By John Schwing

WESTPORT — “Make it bulletproof.”

That was Planning and Zoning Commission Chair Paul Lebowitz’s directive to fellow commission members last week as they voted to approve text amendment 846, essentially the fourth iteration since spring designed to legalize liquor service at Old Mill Grocery & Deli, 222 Hillspoint Road.

In fact, to avoid having superstition sabotage this latest initiative in the long-running battle, P&Z commissioners extraordinarily directed staff to make the new rules effective Dec. 12, rather than the initially suggested Friday, Dec. 13.

Although the amendment also addresses previously unregulated outdoor dining at “retail food establishments” that existed prior to last Sept. 1 in residential zones, the issue of liquor service at Old Mill Grocery has stood out as the prime source of contention since the idea was first broached last May.

The building’s owner, the Soundview Empowerment Alliance, Inc., has promoted the liquor-service initiative to ensure the profitability of the current food operation run by Romanacci restaurant.

The P&Z in June endorsed that effort, approving text amendment 843, which after revisions, was written to allow alcohol sales by retail food establishments only in the Residence B zone, specifically catering to the Old Mill Grocery as the “targeted beneficiary” since it is the only such business in that zone.

That, in turn, triggered a lawsuit filed by several neighbors challenging the P&Z’s decision. The suit, among other issues, raised questions about the amendment’s viability on the grounds of “spot” zoning, because it applies to only one entity and does not set a universally applicable policy.

On Nov. 4, the more broadly based text amendment 846 was introduced for P&Z consideration by lawyer Eric Bernheim, on behalf of Soundview Empowerment Alliance. 

That proposal, which the P&Z delayed acting on Nov. 4 because questions arose over setback provisions, set forth more detailed rules on outdoor dining for things like the number of tables and seats, use of food carts, signs, lighting, music and hours of operation.

The measure also returned to the hot-button issue of liquor sales, this time revising permission for three retail food establishments operating in any residential zone prior to Sept. 1 to sell alcohol. In addition to Old Mill Grocery & Deli, that new definition includes The Porch at Christie’s, 161 Cross Highway, and the Country Store, 332 Wilton Road, both in AA zones.

Bernheim acknowledged that the new text amendment, in part, was designed to address vulnerabilities in the earlier amendment that triggered the yet-to-be-resolved lawsuit.

That sentiment was shared by Joel Green, the lawyer representing neighbors who filed the lawsuit, who also described text amendment 846 as similarly vulnerable. Green did not respond to a request by the Westport Journal for comment on the P&Z’s subsequent approval of the amendment.

Last Monday, the P&Z brought up the measure for a vote after adding new language on setbacks, limiting the business’s outdoor dining area from extending no more than 25 feet from the main building.

But mindful, no doubt, of another potential lawsuit, Lebowitz asked his colleagues to take the highly unusual step of voting individually on each of the resolution findings, modifications and reasons for supporting the amendment.

“Some people may be listening to this,” he said, admonishing commission members to each voice their stance on every one of the provisions. The meeting was broadcast via Zoom and cable access Channel 79.

Michael Cammeyer, the commission secretary, then read all four findings (complete with eight subpoints), two modifications and eight reasons listed in the resolution, a process that took about eight minutes.

In the end, the vote in favor of text amendment 846 was a unanimous 5-0.

Romanacci, meanwhile, has had permission to serve alcohol under a café liquor license signed last August by Mary Young, at the time the town’s planning and zoning director. That action also was challenged by neighbors, but Young’s decision was recently upheld by the Zoning Board of Appeals.

The restaurateurs last week took that liquor-service permission to a new level, transforming the once-humble market into the setting for a lavish sit-down dinner, entitled “An Evening in Rome, where wine meets perfection,” which according to the “06880” blog was attended by 18 guests.

John Schwing, interim editor of the Westport Journal, has held senior editorial and writing posts at southwestern Connecticut media outlets for four decades. Learn more about us here.