Defend OMG&D: Help Us Combat Legal Threats

OMG&D – An Important Update for our Donors

January 6, 2025

Three years ago, you and nearly 600 other neighbors and friends generously donated to save Old Mill Grocery & Deli from the wrecking ball. Since then, thousands of people have frequented OMG&D, loving their neighborhood gathering place. Along the way, OMG&D received three historic designations from Westport and the State of CT, acknowledging its 105-year history as the oldest, continuously-operating retail food establishment in Westport — and as the heart and soul of the Compo Beach community.

Thanks to you and so many others, the OMG&D tradition lives on, generational memories continue to be shared (and new ones made), neighbors connect over great coffee and food, and new friendships are forged daily. We hear countless times every day how grateful the entire community is that the neighborhood gem called OMG&D was spared.

The Good News: In January of last year, The Romanacci Group took control as the operating tenant of OMG&D. They have been warmly embraced by the community for their great food and beverage offerings and warm sense of hospitality. Additionally, the Planning & Zoning Commission approved a Text Amendment to the zoning regulations which permits the sale of beer and wine for on-premises consumption, the use of pre-existing picnic tables, and more, for “Retail Food Establishments” in residential neighborhoods, including the Old Mill Grocery & Deli and two others. More than 600 community residents signed a petition, wrote to the P&Z, or spoke at their meetings, offering their unwavering support and approval of these regulatory changes.

The Bad News: While there is so much to be happy about and grateful for, SEA and The Romanacci Group are facing significant challenges in the form of three, separate lawsuits that have been filed against various parties — including Soundview Empowerment Alliance (owners of 222 Hillspoint Road), the Town of Westport, and Romanacci Compo Beach LLC (operators of 222 Hillspoint Road) — which are challenging the beloved market’s very existence.

The lawsuits were filed by an attorney on behalf of two individuals, who are leading and funding the efforts, along with a very small number of their friends from across the town who have joined the suit. These lawsuits seek to overturn the decisions of the of The Planning & Zoning Commission and the Zoning Board of Appeals with respect to the adoption of the “Text Amendments” and the P&Z’s approval of the liquor license application.

A Call To Action: SEA needs all the support we can muster.

And support comes in many forms:

• First - Please consider making a generous tax-deductible donation to SEA. We need to raise money. At $400/hour, our legal fees are significant and mounting — our attorneys have advised us that these fees could exceed $100K. Your GoFundMe donation will help pay our legal bills and ensure SEA has adequate resources to fulfill its charitable mission of preserving the historic building and providing job training for people with disabilities.

• Second - Please contact your RTM representatives and let them know how you feel about OMG&D and its importance to the community.

• Third - If you have relationships with any of the plaintiffs in this case, we encourage you to urge them to stand down. Far better, we think, that they use their considerable financial resources to support the great cause that SEA was founded upon than to tear it down…both figuratively and literally.

• Fourth – Finally, please support the Romanacci team with your business. Make OMG&D one of your top choices when thinking of getting something delicious to eat or drink. And don’t forget the amazing wines that are sold at wine-store prices!

Please feel free to reach out to us with comments and questions.

With enormous thanks for your support,

The Board of Soundview Empowerment Alliance, your partners in Preserving History and Serving Good.

Below is more information on the circumstances we are facing:

How We Got Here: Early last summer, in response to their customers’ requests, the Romanacci team expressed interest in being able to offer beer and wine for on-premises consumption (historically, the market has legally sold beer to take away). In consultation with the Planning & Zoning Commission we learned that while the retail sale of beer was permitted based on history, on-premises consumption was not permitted under the (then) existing regulations. We were told the regulations could be amended to allow for on-premises consumption via a “Text Amendment”.

SEA retained Land Use expert Cyndi Tyminsky and Attorney Eric Bernheim to craft the Text Amendment. The application was made, and after two meetings of the P&Z, it was approved. Soon after the P&Z decision was made, the first lawsuit was filed, seeking to overturn the Text Amendment and, moreover, challenge the very existence of the 105-year-old market.

Following the approval of the Text Amendment, the Romanacci team applied to the State of Connecticut for a Café License to allow them to serve beer and wine for on-premises consumption. In order to apply for the license, they were required to provide the state with a form signed by the Planning & Zoning Director affirming that the property is zoned to sell and serve “alcoholic” beverages. The attorney representing the plaintiff group sought to have this reversed and filed an appeal to the Zoning Board of Appeals. The appeal was rejected by the ZBA. Their attorney then filed the second lawsuit against the Romanacci team.

The third and most recent lawsuit was filed by their attorney following the P&Z’s approval of a second Text Amendment, which further modified the regulations governing “Retail Food Establishments” in residential zones. This Text Amendment was drafted, in part, as a response to questions that had been raised around the legality of the existing outdoor seating (i.e., picnic tables) that have been there for many decades, and we would argue are “grandfathered,” as well as a seasonal gelato cart, which was enthusiastically received by the community.

The gist of the complaints filed against the Town of Westport and the Romanacci team are that the regulatory changes allow of an “expansion of use,” and that allowing the sale of beer and wine will blight the neighborhood. They believe the quality of their lives will be adversely impacted, and that the P&Z and ZBA were incorrect in their decisions. As community members and stewards of this 105-year-old neighborhood treasure, while we respect their concerns, we disagree with their conclusions and believe – based on experience – that their concerns are misplaced, misinformed, and unfounded.

For the Record…

• The Old Mill Grocery & Deli opened its doors in 1919, in its current location.

• Although in a Residential “B” Zone, and because it existed before zoning regulations were created, the operation as a store is regarded by the law as a “legal, non-conforming use” of the property

• Under this legal, non-conforming use, various operators of the store have legally sold beer (and reportedly other alcoholic beverages) since its opening in the early 1900’s.

• Likewise, outdoor seating has been present for generations.

• The Text Amendments actually help to better define what the store is, which, under Town regulations, is a “Retail Food Establishment.” This defines what can, and cannot, be done at this location.

• What can be done: The retail sale of food & beverage items, including

wine and beer, with no more than 10 interior seats.

• What cannot be done: A full-service restaurant, bar, nightclub, strip-club, liquor store, marijuana dispensary, car dealership, or more.

• Westport‘s Planning and Zoning Commission (P&Z) approved all the above community-friendly features, as they believe doing so was consistent with their authority under law and the mandate outlined in our Town’s Plan for Conservation and Development.

What Happens Next: Lawyers representing The Town of Westport, SEA and The Romanacci Group are working to respond to allegations brought forth in the three lawsuits, and to vigorously defend the actions of the P&Z, and the Romanacci Group’s right to serve beer and wine on the premises, use the pre-existing picnic tables, and return the beloved gelato cart that brings smiles of delight to so many community members, young and old.

The legal defense of these suits is very costly and enormously time consuming. Our attorney estimates legal fees could exceed $100,000. Moreover, defending against these suits is a major and painful distraction to those of us who volunteer our time to ensure the fulfillment of our charitable mission of “Preserving History. Serving Good.” Candidly, these suits, and the relentlessness of the efforts to curtail the operations of OMG&D, threaten the viability of any operator who might lease the place.

Tragically, the plaintiffs in these suits want to deny the wishes of 99%+ of the community and, in doing so, jeopardize the economic viability of OMG&D by bleeding both the operator and our grass-roots charitable organization of scarce financial resources, impairing the operator’s ability to run profitably, and SEA’s ability to fulfill its mission to (1) preserve our historic, neighborhood gem and (2) train and secure employment for people with special needs. This is all while we make every conceivable effort to be good neighbors. After all, we all live here, too, as members of this wonderful community.

One must wonder why. Many years ago, one of the leaders of this multi-pronged litigious endeavor moved into a house within a hundred yards of three long serving, grandfathered, and beloved food establishments — Allen’s Clam House, one of Positano’s several predecessors, and OMG&D. The first two had full liquor licenses, and OMG&D had been in operation for 75 years before she moved to this neighborhood. In the case of the other individual co-leading the charge, less than a decade ago they purchased property and built a new home on the very busy Hillspoint Road, and on the public beach, directly across from OMG&D, which by then had been in operation for “only” 95 years. Interestingly, this individual also owns a rental property directly across from OMG&D — and cites “the store” as one of the many wonderful features of renting her beachfront, vacation property.

We are bewildered as to why any kind-hearted, well-intentioned person would choose to move into this incredibly special community and want to destroy one the most celebrated features that make it so special for so many — against the will of virtually every other resident in this neighborhood.