Old Mill Grocery and Deli. / Photo by Thane Grauel
Old Mill Grocery and Deli / Photo by Thane Grauel

By Thane Grauel

WESTPORT — Some neighbors of the Old Mill Grocery have appealed a zoning official’s decision to sign a liquor permit application for Romanacci, the latest restaurant operating there.

The Planning and Zoning Commission, in a split decision June 3, voted to grant a text amendment to zoning regulations that would enable the business at 222 Hillspoint Road to serve beer and wine. Two weeks later, Planning and Zoning Director Mary Young signed a state Liquor Permit Application for Romanacci Compo Beach LLC, giving local zoning authority approval for what was said to be “retail food establishment, no more than 10 seats.”

The text amendment application was controversial, and many people wrote to the commission, and testified at hearings, on both sides of the issue.

At the final meeting, lawyer Joel Green of Bridgeport also testified on behalf of some neighbors. He had a list of things he believed were wrong with the text amendment.

“You cannot, in the jurisdiction vested in this commission, start adopting regulations on a site-by-site basis,” Green said June 3.

“This amendment isn’t something that’s well thought out,” he said. “I can assure you that any positive action on this amendment would never withstand judicial scrutiny and an appeal. And I don’t think you should put the taxpayers of Westport to the burden of defending an appeal.”

On Tuesday, Green filed a Zoning Board of Appeals appeal application. It was posted on the zoning department’s website a few days later.

His clients are Robin Tauck of 227 Hillspoint Road LLC and Hillspoint Road LLC (223 Hillspoint) and Ellen van Dorsten of 216 Hillspoint Road, according to a legal authorization form.

“For over one hundred years, a store selling groceries, pantry staples and related items has been located at 222 Hillspoint Road in Westport,” a document filed with the appeal reads. “The Subject Property has never been used for the sale and on-premised consumption of alcoholic beverages.”

It goes on to list many reasons the appellants are aggrieved, including those mentioned earlier by Green.

The appeal does not yet appear on a ZBA agenda. Typically, if an appeal is unsuccessful, the applicant can drop the matter or take it to the courts.

Thane Grauel grew up in Westport and has been a journalist in Fairfield County and beyond for 36 years. Reach him at editor@westportjournal.com. Learn more about us here.