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Zoners OK restaurant at long-empty Chambers site

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After nearly a decade-long absence, and a six-month zoning debate, business will return to 38 Danbury Road, formerly the Chambers Army and Navy store.

The Planning and Zoning Commission unanimously approved the revised site plan to convert and use the building as a restaurant with a 7-0 final vote Tuesday night.

“Given the nostalgia of the building, I feel pressure to deliver a restaurant that benefits the community and complements the special character of Ridgefield,” said property owner Chris Sturges.

He said a “family friendly” menu will have a variety of options, including sandwiches, soups and salads.

As for what his “full service, sit down” restaurant will be named, Mr. Sturges said he’d like to unveil that at a later date, closer to the business’s grand opening, which he hopes will take place in the early fall.

First Selectman Rudy Marconi said the restaurant would be hamburger themed, but wouldn’t specify on other details.

Whatever the incoming business may be, the commission’s decision brings great relief to a building that was last occupied in 2004, as well as to an applicant who’s been pushing to get his remodeling plans finalized since January.

“I am excited to get started on the construction so that I can highlight the beauty of the long vacant building,” Mr. Sturges said.

Mr. Sturges, his attorney Robert Jewell and architect Doug MacMillan faced multiple hurdles regarding the number of parking spaces on the property during three Zoning Board of Appeals public hearings and two subsequent hearings in front of the Planning and Zoning Commission.

The revised site plan submitted and approved Tuesday featured 31 parking spots, instead of the previous 29 spaces, for a 1,930-square-foot building.

Mr. Sturges said the plan included a slight reduction of approximately 30 square feet to the northeast wall of the building, which he noted was scheduled to be rebuilt during construction.

Attorney Edward Shelton represented the Sherwood Island LLC, owner of the Walgreens site and the adjoining property occupied by Ridgefield Dental Care, during the proceedings.

He appeared at the Planning and Zoning Commission public hearing on May 14, where he brought up the issue of an easement that grants his clients two parking spots in the southeast corner of the Chambers property, claiming the number of spaces provided by the applicant was insufficient according to zoning regulations.

His main issue was with the exclusiveness of the two spots.

“I don’t see anywhere in the easement where we share these two spaces,” he said at the first meeting. “They are exclusively my clients’ spots based on this easement.”

Mr. Jewell and Mr. Shelton each sought the opinion of the land use counsel over the exclusiveness of the two spots mentioned in the easement.

After hearing the revised site plan at Tuesday’s continued hearing, he said that he had no further objections to the site plan as long as Mr. Sturges’s business would not use the two parking spots agreed to in the easement.

“The fact that the current neighboring tenant closes at 6 p.m. and is a dentist has no relevant effect to this commission and I wanted to make that clear and on the record — those two spaces are for my client’s use only,” Mr. Shelton said.

He explained to the commission that he wanted to make that distinction in case a new business inhabited the current building in which Ridgefield Dental Care is located.

“A new business may stay open much later than 6 p.m.,” he added.

Mr. Sturges’s property, located on the corner of Grove Street, consists of 0.46 acre in a B-1 commercial zone. The B-1 parking requirements are 15 spaces per 1,000 square feet of gross building area.

Prior to the obstacles faced at the planning and zoning hearings, Mr. Sturges was denied a parking variance by the Zoning Board of Appeals on March 18, causing him to revise the site plan to include 29 parking spaces.

In the original plan, Mr. Sturges, listed as TD1 Capital Group in the application, provided 24 parking spaces for a gross building area of 2,800 square feet that required 42 parking spaces.

Since then, he’s made his building 870 square feet smaller, giving him enough parking space to satisfy both the zoning regulations as well as his property’s easement with the adjacent property.

After the continued public hearing was closed Tuesday, Commissioner John Katz moved to approve the site plan, while Commissioner Joseph Fossi seconded the motion.

“It’s a really nice project and we wish him the best of luck,” Mr. Fossi said.


What’s Happening in Retail: Books on the Common

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Ellen Burns and Darwin Ellis, owners of Books on the Common. —Carol Mark photo

Ellen Burns and Darwin Ellis, owners of Books on the Common. —Carol Mark photo

Books on the Common, located in the heart of Main Street, is nearing its 30th anniversary. It originated in 1984 with Bob and Sally Silbernagel in Copps Hill Common, where it thrived despite the expansion of large bookstore chains.

Ellen Burns and Darwin Ellis, long-time Ridgefield residents and avid readers, acquired the business in 2004.

Five years later the new owners saw an opportunity in the old Bedient’s building, with its high ceilings, huge windows and increased visibility, and moved it to its present home at 404 Main Street. The result: increased sales and expanded hours.

Why buy from Books on the Common, when you can save a few dollars at online competitors? “For many reasons,” according to Ms. Burns. “We support local businesses and charities and employ local people, including many Ridgefield High School students. We do our own buying — we read a lot and happily make recommendations. When we don’t have a book in stock, we can usually get it in a day with no shipping charge.”

But for the owners of Books on the Common the reason boils down to an essential they feel most Ridgefielders share: They would not want to live in a town without a bookstore.

Barberie earns riding award from admired expert

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Pegasus student Juliette Barberie of Ridgefield poses with her parents, Michael Barberie and Jill Edelman of Redding, and her equestrian idol, Georgina Bloomberg. —Sarah Corbin photo

Pegasus student Juliette Barberie of Ridgefield poses with her parents, Michael Barberie and Jill Edelman of Redding, and her equestrian idol, Georgina Bloomberg. —Sarah Corbin photo

Cheered on by staff, volunteers and loved ones, student Juliette Barberie of Ridgefield earned the Ann Pinkerton Award for Adult Rider of the Year at the 32nd annual Pegasus Horse Show on May 18 in Brewster, N.Y.

World-class equestrian Georgina Bloomberg, whom Ms. Barberie had never met but deeply admired as a fellow horsewoman, surprised Ms. Barberie by presenting her with her award.

The Ann Pinkerton Award is given to the adult student who has shown the most improvement over the year.

In addition to riding with Pegasus from an early age, Ms. Barberie now volunteers once a week for Ms. Bloomberg’s charitable equestrian clothing exchange program, The Rider’s Closet.  She polishes the many pairs of gently used boots donated to the program.

She often talks about Ms. Bloomberg’s riding accomplishments, and she was thrilled to meet her idol in person at the Pegasus Horse Show this year.

Pegasus executive director Todd Gibbs said, “We annually serve more than 300 students and, like Juliette, each of them works very hard to develop his or her own unique abilities. This event helps raise awareness and funding on their behalf, and we are very grateful for the community’s support in this effort.”

The two-day event celebrated the achievements of nearly 90 Pegasus students with special needs. Each student demonstrated the horsemanship skills he or she practiced during weekly therapeutic lessons at one of Pegasus’ four chapter locations in Fairfield, Putnam and Westchester counties.

Pegasus Therapeutic Riding provides the therapeutic benefits of horseback riding and other equine-assisted activities to people with special needs, military veterans and at-risk individuals, including abuse survivors. For more information, visit www.pegasustr.org.

Le Chateau donates cake to Keeler Tavern birthday party

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Andre Molle, chef at Le Chateau, displays one of his cake creations.

Andre Molle, chef at Le Chateau, displays one of his cake creations.

Le Chateau, a French restaurant on the Ridgefield- South Salem line, is donating a cake to the Keeler Tavern Museum’s 300th birthday party.

“We do a lot of fund raising,” said Christine Tirado, Le Chateau’s banquet manager. “The Keeler Tavern Museum is a local organization that we love to support.” The cake will be auctioned off as part of a silent auction at the birthday party on June 15, from 12 to 4 at the museum, 132 Main Street. Admission is free and all are welcome, rain or shine.

Like the tavern, Le Chateau is a piece of local history, having been built by banker and philanthropist J.P. Morgan for his minister to live in.

“Le Chateau is also a historic building, as it was built in 1907,” Mr. Tirado said. “So we are very interested in the history and historic landmarks in our area. We always want to help those places out.”

The June 15 celebration includes vintage car and bicycle shows, period crafts such as pottery and hat making, local live music, food, face painting, kids’ games and crafts, a magician, a petting zoo, and pony rides ($3), an amateur birthday cake contest, and a card-making station where visitors may try out old-fashioned typewriters and wish the museum a happy birthday.

A special highlight will be guided walking tours of the property, called “A Walk Through History,” ($5 per person for anyone five years or older) where party-goers may hear costumed re-enactors discuss the colorful lives of residents who lived on the site over the past 300 years. Advanced online tour registration is available at www.keelertavernmuseum.org.

“The stories of the people who lived here really illuminate Ridgefield’s as well as our nation’s evolution, politically, economically and socially,” said Joel Third, president of the museum, who added, the museum is grateful to Le Chateau for its cake donation

For information on Le Chateau, visit www.lechateauny.com. For information on the Keeler Tavern Museum, visit www.keelertavernmuseum.org.

Non-resident tuitions raised for 2013-2014

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Non-resident students coming to Ridgefield for an education will have to pay a little bit more in 2013-2014.

The Board of Education unanimously approved changes to non-resident tutition Monday night.

The district permits two categories of non-resident students to attend its schools — the children of employees who work for the school district, the town or the bus company, and students who are not children of town employees.

The approved non-resident tuition for children of school, town or bus employees is $4,026, an increase of $165.

As for non-resident students who don’t have parents employed by the school, the town or the bus company, their new tuition is $13,420, an increase of $552.

In addition, the board voted to approve that any non-resident student who is a child of a school, town or bus employee who special education services will be charged the total cost for such services, in addition to the non-resident tuition.

Previously, only non-resident students were subject to that charge.

Non-resident attendance is at the discretion of the superintendent and is reviewed annually. If space exists in established classes and if parents agree to provide transportation to and from school, then non-resident admission is permitted.

Tuition cost is at the discretion of the Board of Education, whose policy recommends that the tuition for children of town employees be 30% of the non-resident student tuition calculation.

Teachers get Hero Awards

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Deborah Holliday, Farmingville Elementary School teacher, receives her Hero Award from Mrs. Incredible.

Deborah Holliday, Farmingville Elementary School teacher, receives her Hero Award from Mrs. Incredible.

The sounds of a caped crusader, aka Mrs. Incredible, swooshed from classroom to classroom during Teacher Appreciation Week recently.

The Ridgefield Education Foundation sponsored a new teacher appreciation campaign, called the Hero awards. Parents purchased certificates in advance recognizing a teacher for their hard work, innovation, creativity and dedication.

During Teacher Appreciation Week, Mrs. Incredible visited Ridgefield’s elementary and middle school hallways to personally deliver certificates and declare to students that their teacher was a “Ridgefield Public School Super Hero!” Mr. Incredible was spotted bestowing honors at Branchville Elementary School.

“We have great teachers and a great school system. After seeing what was done in other districts to honor them and, especially after the past year, it seemed appropriate to honor the ‘heroes’ in our children’s lives with the award,” said Jennifer DiLaura, Ridgefield Education Foundation vice president, who co-chaired the program with Ann O’Brien of the board of directors.

The organization sold nearly 300 certificates yielding $4,000 that will go into the creative, innovative and collaborative programming they support.

The Ridgefield Education Foundation thanked the community for “their wonderful response to the initiative.”

As classroom doors were opened, Mrs. Incredible was met with squeals of delight. Tanya Navarra, a Farmingville  teacher who received an award, called it “an incredible honor. When I enter my classroom each day, I hope to make a memorable and positive difference in the lives of my students. Being recognized with the Hero award truly reflects the reason why I teach!”

Farmingville Principal Susan Gately said, “Our students work hard each day. It was great to be able to include 30 seconds of fun and acknowledge our equally hard working teachers!”

The non-profit Ridgefield Education Foundation supports creative, innovative and collaborative initiatives and pilot programs that help move the district forward. New members are always welcome.

For more information email info@ridgefieldeducationfoundation.org or visit ridgefieldeducationfoundation.org.

Niels Diffrient, 84, noted industrial designer and author

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Niels Diffrient

Niels Diffrient

Niels Diffrient, internationally revered industrial designer and author, died on Saturday at his home.  He was 84.

A Ridgefield resident for 32 years, Diffrient is best known for his industrial design advancements throughout his 60 year career.  He designed a broad range of successful products with his pioneering ergonomic approach that has since helped an entire generation of designers and architects improve the way they design.

On September 6, 1928, he was born in Star, Mississippi.  He was raised modestly in a small farm house with his father, Robert, and his mother, Dovie Lee.  During the depression, his family moved to Detroit where he attended Wayne State University before he entered Cranbrook Academy of Art in Bloomfield Hills, Michigan, in 1949.  During his time at Cranbrook, he worked for Eero Saarinen which is where he first experienced the design and development of contemporary furniture working on the famous Saarinen chairs known as Knoll Model #71 and #72. While with Saarinen, he met other notable American architects like Kevin Roche and became friends with significant American designers such as Buckminster Fuller.

After graduating with a B.F.A. in Design and Architecture from Cranbrook, Diffrient moved to Milan.  Supported by a Fulbright Grant to Italy for Design and Architecture, he worked with the famous Italian architect, Marco Zanuzo, assisting with the design of a Borletti sewing machine which won the coveted Compasso D’Oro award.

Upon his return to the US, Diffrient was hired by one of the founding fathers of American industrial design, the renowned Henry Dreyfuss.  He moved to Pasadena for 14 years where he worked with clients such as Lockheed Aircraft Company an experience that introduced him to other aircraft design projects that continued throughout most of his career such as Gates Learjet and American Airlines’ entire corporate design program.   While with Henry Dreyfuss, Diffrient worked on a wide range of products that include, but is not limited to, phones for Bell telephone Laboratories, farm equipment for John Deere & Company, cameras for Polaroid Corporation (including the famed SX-70) and Singer Sewing Machines.  In addition, he coauthored ergonomic reference material known as “Humanscale” that was designed with a clever, interactive format and was published by MIT Press.  While in Pasadena, he was an assistant professor in residence at UCLA for 8 years.  In addition, he began to serve as a board member of the International Design Conference in Aspen where he ran design conferences.  The topic of the conference he chaired was later published as a book by Walker Art Center entitled “Dimensions of Experience”; a subject that has become enormously important when designing present day digital products.

As a senior partner with Henry Dreyfuss Associates, Diffrient moved to New York City in 1975 where he started to design his first office chairs for Knoll International.   This move began the next chapter in his life.  He soon married Helena Hernmarck, then left Henry Dreyfuss Associates and moved to Ridgefield, Connecticut in 1981.  He then opened Niels Diffrient Product Design where he worked side by side with Helena Hernmarck’s tapestry studio for the remainder of his life.

During his Ridgefield years, he became the most prolific and received the greatest recognition.  In parallel to being a Visiting Critic at Yale University School of Architecture for 2 years, he served as Chief Corporate Design Consultant for Texas Instruments, Consultant to Philips Co., and Amtrak as well as designing advanced office furniture for Sunar Hauserman, Howe Furniture Corporation and Humanscale.

His succession of chairs – Knoll’s office seating, Sunar Hauserman’s Jefferson Chair, Humanscale’s Freedom, Liberty, and World chairs – have won numerous international prizes.

Diffrient has served many professional activities throughout his career.  He has been given 19 honorary awards that include the Chrysler Award for Innovation in Design, the National Design Awards, Smithsonian-Cooper Hewitt Museum, multiple Honorary Doctorates, and the Honorary Royal Designer for Industry and Fellow of the Royal Society of Arts, London.  He has been included in multiple international design exhibitions and his products have won over 65 international design awards.  Diffrient has earned 57 patents that are issued for furniture, seating, and mechanical systems with several pending for utility and design.

His approach to design runs counter to the superficial, artistic approach that creates form for the sake of form.  His approach to design is an intelligent approach based on a few steps – develop research in order to better understand the needs of people, engineer design solutions to fit people, refine form based on the best design performance that suites a broad range of people’s needs.

Last fall, he self-published his autobiography, “Confessions of a Generalist,” that traces his modest beginnings then throughout his illustrious career that is full of wide ranging experiences that helped him convert from a specialist to a generalist.  Although Diffrient took his work seriously and worked almost nonstop, anyone who has met him was always deeply impressed with his approachable character.  In the words of a friend, David Brown, “He was warm, thoughtful, slightly mischievous, and generous.  What better memory could there be for a designer’s legacy – a life well lived; a world changed for the better by a designer’s acute sense of observation, creativity, intelligence, persistence, and even a bit of showmanship.”

He is survived by his wife, Helena Hernmarck, the internationally known tapestry artist, and three children: Scott and his partner Florence Sohn, Julie and her husband Nigel Miller, Emily and his brother Roy Diffrient and his sister Betty Herring.

A private memorial will be held.

In lieu of flowers, the family suggests gifts to Cranbrook Academy of Art.  These may be sent to:

Niels Diffrient Memorial Fund
Cranbrook Academy of Art
39221 Woodward Avenue, PO Box 801
Bloomfield Hills, Michigan 48303-0801

In this week’s Ridgefield Press

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Here are some of the stories and features in this week’s Ridgefield Press, out today in print and e-edtions.

  • A group of Ridgefielders has sued the Planning and Zoning Commission to halt the “Gateway” retail zoning on Route 7.
  • A woman veteran of the Iraq war tells why coming home was “the hardest part.”
  • Teachers who started here as long ago as 1961 are retiring this month. Two of them have taught in town for 47 years! Each…
  • The Perrin Family Foundation in Ridgefield has a report out on how youth can be leaders in social change in Connecticut.
  • Joe Malley may not be popular with local youth athletics organizations, but his new book may make you laugh. It’s called, “Meet the Lunatics Who Run Your Kids’ Sports Leagues.”
  • Uneasy with a church using the Playhouse, the selectmen are turning to the Schlumberger Theater as a site for Walnut Hill, which wants to have services here.
  • Congressman Himes tells the League of Women Voters: “It’s not as bad as it looks.”
  • Private schools have the edge, but all hope is not lost, says Murph in a column this week after Fairfield Prep beat the Tigers at lacrosse in the state championship semifinals.
  • Poor Mr. Squeakers. Will anyone adopt the eight-pounder?
  • Though there were many protests Tuesday, cars will be coming to the Ridgefield Tennis Club site.
  • Just back from Turkey, a Ridgefielder has sad news about awful refugee conditions.
  • The schools are focusing on three main areas of security improvements this summer.
  • The Keeler Tavern will celebrate its 300th anniversary on Saturday, with fun and birthday cake.
  • Nine Ridgefield Girl Scouts achieved the Gold Award, part of a record-breaking year in Connecticut.
  • Ever wonder why there are no 18th Century church buildings left in Ridgefield?
  • This month’s Home magazine features a builder who creates his dream house, tips on battling backyard pests, and a garden tour preview.
  • Many who work behind the scenes in the arts were honored recently.
  • Two Ridgefielders scored well at the Tonys Sunday. And one of them will be featured at a Chekhov Festival benefit here in two weeks.
  • Letter-writers are fired up about the IRS, gun control, security, the floating zone, and Alzheimer’s.
  • The Ridgefield Press is on Facebook — become one of more than 1,460 friends and get news updates. Facebook.com/RidgefieldPress.
  • 7,240 people have signed up for Ridgefield Press news bulletins via Twitter. You can, too, by stopping by twitter.com/RidgefieldPress.

For newsstands carrying The Press, click here.


PTA gifts to schools worth $30,000

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Ridgefield PTA members are in a generous mood this spring, donating a wide variety of gifts that will improve education both inside and outside, as well as on the Internet.

The Board of Education accepted three gifts, valued just shy of $30,000 total, Monday night.

The first donation was a pair of pergolas, worth $799 each, to Barlow Mountain Elementary School from the Barlow Mountain’s PTA Garden Committee.

The shaded walkways will be built and placed near the school garden to shade the area for outdoor lessons teachers sometimes give during appropriate seasons.

The pergolas will not be cemented into the ground, so they will not be permanent structures which should alleviate the need for a permit.

The second gift was $2,890 given to East Ridge Middle School from its PTA for the purchase of 10 Google Chromebooks.

The third and final gift was a $25,000 donation given to Ridgefield High School from its PTSA to purchase interactive whiteboards, known as SMART Boards, for classroom use.

RHS principal Stacey Gross said that the school has 21 classrooms that don’t currently have SMART Boards installed and that the donation will help the administration afford anywhere from eight to 12 new boards.

She noted that the school currently has SMART Boards in all of its math and science classrooms.

Hands-free is not risk-free, study finds

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Hands-free technologies might make it easier for motorists to text, talk on the phone, or even use Facebook while they drive, but a new AAA Foundation for Traffic Safety study shows dangerous mental distractions exist even when drivers keep their hands on the wheel and eyes on the road.

With a predicted five-fold increase in new vehicle infotainment systems by 2018, AAA sees a major on-the-road public safety crisis ahead  is calling for action as a result of this ground-breaking research.

“There is a looming public safety crisis ahead as the number of these in-vehicle technologies increase,” said Lloyd P. Albert, AAA Southern New England senior vice president of public and government affairs.

“It’s time to consider limiting new and potentially dangerous mental distractions that are built into cars, especially since there’s a common public misperception that hands-free means risk-free.”

The research, conducted at the University of Utah, found as a driver’s mental workload and distractions increase:

  • Reaction time slows;
  • Brain function is compromised; and
  • They scan the road less and miss visual cues, such as stop signs and pedestrians, who at times can be right in front of them.

This is the most comprehensive study of its kind to look at the mental distraction of drivers and arms AAA with evidence to appeal to the public to not use these voice-to-text features while their vehicle is in motion, Mr. Albert said.

Cognitive distraction expert Dr. David Strayer and his research team at the University of Utah measured brainwaves, eye movement and other metrics to assess what happens to drivers’ mental workload when they attempt to do multiple things at once.

To study reaction times, Dr. Strayer:

  • Mounted cameras inside an instrumented car to track eye and head movement of drivers;
  • Used a Detection-Response-Task (DRT) device to record driver reaction time in response to triggers of red and green lights added to their field of vision; and
  • Charted participants’ brain activity using a special electroencephalographic (EEG)-configured skull cap so researchers could determine mental workload.

In the study, researchers rated various levels of distraction, representing them on a scale similar to the one used for hurricanes.

For example:

  • Tasks such as listening to the radio, ranked as a category “1” level of distraction – a minimal risk – but still a risk;
  • Talking on a cell phone, both handheld and hands-free, resulted in a level “2” – considered moderate risk, depending upon the nature of the conversation; and
  • Listening and responding to in-vehicle, voice-activated voice mail, dialing, and email features increased mental work load and the distraction level of drivers. This was rated as a “3” – one of extensive risk.

Based on the research, AAA urges the auto and electronics industries to find new ways to:

  • Limit the use of voice-activated technology to core driving-related activities, such as climate control, windshield wipers; and cruise control;
  • Ensure these applications don’t lead to an increased safety risk because of mental distraction while the car is moving;
  • Disable certain functionalities of voice-to-text technologies such as using social media or interacting with email and text messages so they’re inoperable while the vehicle is in motion; and
  • Educate vehicle owners and mobile device users about the responsible use and safety risks for in-vehicle technologies.

“This study constitutes the most in-depth analysis to date of mental distractions behind the wheel,” said Mr. Albert.  “AAA hopes it will serve as a stepping stone to collaborate with automakers to promote our shared goal of improving safety for all drivers. Specifically, these increasingly common voice-driven, in-vehicle technologies should be limited to use for just core driving tasks unless the activity results in no significant driver distraction.”

To view the full Cognitive Distraction in the Vehicle report or AAA’s Distracted Driving Fact Sheet, visit www.NewsRoom.AAA.com.

Gabrielson tells 1890s story of fishermen and America’s Cup

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Mark Gabrielson of Ridgefield has written a new book, Deer Isle’s Undefeated America’s Cup Crews: Humble Heroes from A Downeast Island.

In 1895, Mr. Gabrielson explains, emissaries from the New York Yacht Club traveled to Deer Isle, Maine, to recruit the nation’s best sailors, an “All American” crew.

“This remote island in Penobscot Bay sent nearly 40 of its fishing men to sail Defender, and under skipper Hank Haff, they beat their opponents in a difficult and controversial series,” he said.

“To the delight of the American public, the charismatic Sir Thomas Lipton sent a surprise challenge in 1899. The New York Yacht Club knew where to turn and again recruited Deer Isle’s fisherman sailors.

“Undefeated in two defense campaigns, they are still considered one of the best American sail-racing teams ever assembled.”

Mr. Gabrielson is a United States Coast Guard-licensed master and a trustee of the Marion-Bermuda Cruising Yacht Race. He is a graduate of Princeton University and after more than three decades in business is now a graduate student at Harvard University, in extension, concentrating in history.

He also serves as a research intern at the Naval War College in Newport, R.I.

He divides his time among Ridgefield, Boston and Deer Isle. This is his first book.

For more information visit historypress.net. Copies sell for $19.99.

New information on police shooting revealed

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New details about the May 24 shooting on Ridgebury Road, including where the victim was fatally shot and how many shots the officer fired, were revealed yesterday at the state Superior Court in Danbury.

The State Police’s unsealed search warrant application confirms that the victim, John Valluzzo, was shot twice inside his home, reversing  previous reports that Mr. Valluzzo was shot outside in his yard.

In addition, the document states four Ridgefield police officers responded to the scene; just one of them, Officer Jorge Romero, fired two shots from his gun, striking the victim in the torso

Police saw Mr. Valluzzo “walking upright and advancing towards them,” while holding a stainless steel revolver in one of his hands, the affidavit reads.

“Immediately recognizing that Valluzzo was armed with a handgun, Officer Romero ordered Valluzzo at least twice to drop the weapon. Valluzzo failed to drop the weapon and approached to within fifteen feet of the officer.”

The application, filed by state detectives John Kimball and Bill Flynn, says that Mr. Valluzzo did not appear to fire any shots.

The two detectives are requesting a Search and Seizure warrant be issued for the property and its vehicles, including Mr. Valluzzos’s 2010 GMC Terrain, which was parked and left in the middle of the driveway during the incident.

The application’s step-by-step account of the events that led to the shooting reveals Lt. Michael Gates received a phone call at 4:45 p.m. from someone in Boca Raton, Florida.

The caller identified herself as Janine Saviano and reported an active domestic dispute involving her cousin, Anna Parille, and Mr. Valluzzo at 423 Ridgebury Road.

Ms. Parille told Ms. Saviano over the phone that Mr. Valluzzo had been drinking “a large quantity of alcohol” and was armed.

“Parille reported to her cousin that Valluzzo was ‘waving a gun around’ and screaming at her,” the affidavit reads.

The police dispatch contacted Sergeant Craig Wooster and Officer Romero, who were on patrol, to respond to the incident. Officer Mark Caswell was also dispatched to the scene, and Lt. Gates responded after the phone call.

According to the document, Sgt. Wooster and Officer Romero arrived at 5:02 p.m. and alerted Lt. Gates “to stand by on Ridgebury Road until his backup officer arrived.”

Sgt. Wooster and Officer Romero approached the main door of the residence and found that the door was locked.

They proceeded “south to a doorway located in a breezeway adjacent to the driveway,” where they found a door that was already opened. They flanked the door, looked inside and saw Mr. Valluzzo moving toward them with a weapon in his hand.

After the shooting occurred, Sgt. Wooster transmitted on the radio, “Shots fired. Man down.”

Lt. Gates responded on the radio, inquiring who had been shot but received no immediate response.

He arrived on the scene along with Officer Caswell and they saw “Officer Romero visibly upset, pacing in the driveway vestibule area.”

Sgt. Wooster provided medical assistance on the victim before the ambulance arrived on the scene.

Police located Ms. Parille the master bedroom on the first floor of the residence. She had locked the door during her dispute with Mr. Valluzzo.

She testified that she had been on the phone with Ms. Saviano when she entered the home. When she entered the home, Mr. Valluzzo started  yelling at her. She told Ms. Saviano that he had been drinking wine.

Mr. Valluzzo obtained the gun from a pouch located alongside the bed in the master bedroom, the affidavit says. He began waving the weapon around in that room and feigning to call police on his cell phone.

“Valluzzo made comments into the phone such as, ‘There’s an invader in my house,’” the affidavit reads.

Mr. Valluzzo left the room when he heard the police arriving and that’s when Ms. Parille locked herself in the bedroom.

More government makes Connecticut’s ‘spending cap’ just a memory

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Every other week, John J. Ryan, a former Republican state representative, and Joshua Fisher, a longtime Hersam-Acorn editor, share their back-and-forth about news going on around the state, among other items of interest. 

Fisher: The clock has ticked on this year’s legislative session in Hartford. Are the tax payers finally safe now?

Ryan: We have a shocking development to report — notwithstanding our suggestion in the last column that a summer special session on the budget mess was likely — and despite the state’s fiscal carnage, a ‘budget deal was actually approved.

Fisher: Our state government never ceases to amaze; how can there be a “budget deal” given the impending massive deficits? Or was the no-new-taxes pledge conveniently forgotten?

Ryan: The horrifying aspect of the budget news is not that there was a budget deal, but how it will happened. Note Malloy, DemocratsReachTentativeStateBudgetDeal (courant.com, May 26). It’s the subheading that gives the ominous clue: “Negotiations Focused On Ways To Avoid Exceeding Spending Cap.”

Fisher: Uh-oh. And of course most voters don’t even know that the state has a spending cap. And who could blame them with how Hartford has been obsessed with spending.

Ryan: And fewer still recall how it came to pass, and it’s a shame that no one learns, much less pays attention to the lessons of history.

A New York Times piece from that turbulent year of 1991 — BudgetIsPassedForConnecticutWithIncomeTax(NYTimes.com, Aug. 21, 1991 — reminds us of the history that not only was the new income tax to be “tied to a separate package of government consolidation plans and spending controls” as well as the (approved by the state’s voters the following year as a state constitutional amendment) state spending cap.

Fisher: Isn’t it interesting to contemplate the consolidations and spending controls that didn’t happen, as well as the predictions of a few legislators at that time of the likely rapid growth of state government spending that would occur.

Ryan: Few also now recall that Darien’s state representative in 1991, the late Reg Jones was among those right on target with his highly prophetic remarks. And the spending cap is now mainly merely an obstacle to get around with contrived plans of spending that is deemed “outside the cap” and other fiscal chicanery. One publication sees through this charade: Anewseasonofgimmickry (rep-am.com, May 26).

Fisher: We once again remind our readers to click these links to get the in-depth background of all of these issues.

Why do I have the feeling sheer is even more bad news than gimmickry as work in Hartford this year?

Ryan: Because there is! And here’s hint at what should truly terrify Gold Coast taxpayers: FairfieldCountyFuelsRecord-BreakingYearForEstateTaxes (courant.com, May 11). And then there’s SenateApproves $750MinBorrowingtoBeefUpStatesCheckbook (CTMirror.org, June 5).

Fisher: In other words, extra revenues that miraculously fall in the state’s lap are only setting up more spending in the future that might not be backed up by this unpredictable revenue. Also, as the state relies on the death of the rich for the estate tax revenue, the rich are leaving the Nutmeg State for friendlier states that won’t tax them after they’re gone.

Ryan: Go right out the door again to fuel the state’s deficit funding. And the bad financial news is unabated: ForecastforJobGrowthin ’13: Crummy (courantblogs.com, May 22) and OpenForBusiness? CTKiddingItself (HartfordBusiness.com, May 20) are just some of many such reports we can refer to every column.

And this item got lots of well-deserved attention: ConnecticutsEconomicTrendWorstinNation (courant.com, June 7).

Fisher: Of course, we wish we had enough space — and time — to cover all of the hard-to-believe aspects of the Connecticut goverment’s fiscal incompetence.

Ryan: Such as the notion that spending on tourism brings zillions into the state’s coffers (which former state employees laugh about) MalloyLaudsTourismPromo…” (AP.org, May 21) and for the truly incredible, StreetsSaletoYaleAdvances (May 24, NewHavenIndependent.org).

Fisher: Selling the public streets? And we didn’t even get to more government junkets, or ESPN (recipient of state funding) cutting jobs, or the politicians incurring national ridicule by trying to write the Wright Brothers out of the history books?

Ryan: But proof that we are on the cutting edge of what Connecticut taxpayers should be paying attention to, we recently noted in our April 30 column that Stockton, Calif., has gone bankrupt; please note that BridgeportIsWorseOffThanStockton (courant.com, May 17).

Fisher: But you have not linked one of our favorite publications lately. See from the New York Post’s “20 YearsOfSaferStreets (May 11), which opens with “nearly every neighborhood in the city has fewer violent crimes than the Upper East Side did 20 years ago.”

Ryan: Occasionally some governments, even though with vastly larger demographics, can get it right some of the time. And once again Chris Powell gave the most succinct summary of the state’s recent ‘budget deal’ in the cogent first paragraph of his June 9 column, Isitneverenough,’ orenoughalready‘?”

Fisher: Will lower Fairfield County voters ever pay attention to the extensive list of issues their state government never gets right?

And do we have no good news for our readers ?

Ryan: Good news? Ask and you shall receive. SummerSundaySoNoJazzis back! See . I’ll be there!

John J. Ryan is of counsel to the Fairfield County law firm Russo & Assoc., and served 14 years as Darien and Rowayton’s state representative — and has been writing this column for Hersam Acorn even longer. Joshua Fisher has been an editor with Hersam Acorn Newspapers since 2003.

 

This weekend in Ridgefield

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Father’s Day has done nothing to slow the pace of activities this weekend, which offers plenty to keep dad — and the whole family — busy.

  • Relay for Life kicks off Friday night and continues into Saturday at the Rec Center.
  • Flag Day will be marked Friday evening at the Community Center.
  • The 300th birthday of the Keeler Tavern will be celebrated Saturday.
  • Historic bicycle rides will be offered Saturday morning.
  • Asabiyyah, a feature film by a Ridgefielder, will debut Saturday.
  • The Last Straw, a presentation on bullying and more, will be produced by kids Saturday.
  • An Alzheimer’s Walk, led by kids, will take place Sunday at the Rec Center.
  • Uptown Express will perform at a special benefit Sunday, including a brunch, at the Playhouse.
  • A Walk and Talk is set for the Guild of Artists Sunday.

Details on all of these events will be found in this week’s Press. The basics on many are in the Datebook.

For information on regional events, see Arts & Leisure’s This Weekend listings.

Tennis players protest, but BMWs are coming

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The BMW-Tennis hearing drew a sizable crowd. That's attorney Bob Jewell, representing the applicants, sitting in front of the crowd at right, and Commissioner Phil Mische in foreground left. —Macklin Reid photo

The BMW-Tennis hearing drew a sizable crowd. That’s attorney Bob Jewell, representing the applicants, sitting in front of the crowd at right, and Commissioner Phil Mische in foreground left. —Macklin Reid photo

After tennis players packed the hearing room in hopes of saving courts Ridgefielders have played on for 40 years, the Planning and Zoning Commission backed plans to turn the Ridgefield Tennis Club into a parking lot.

“This does represent a great void,” said Walter Beatty, who acted as spokesman for the room full of tennis players. “It’s a real loss to the community.”

With its two-step approval process, the commission voted to have a resolution of approval written by Town Planner Betty Brosius. That will come back for review and another vote, possibly next Tuesday.

BMW of Ridgefield has contracted to the purchase the tennis club that is behind its Route 7 property, and plans to use the site to store cars, many of which are now kept at an office complex.

While the room was packed for the public hearing, only five people from the public spoke — all in opposition to the plan.

Chairwoman Rebecca Mucchetti had warned the audience that the commission must limit its decision-making process to land use considerations — which don’t include tennis players’ sorrow at losing a place to play.

Comments ranged from calls for a public referendum on the question to concerns that the weight of so many parked cars on the land would damage nearby wetlands.

Mr. Beatty asked if the owners of the tennis club and BMW dealership might give club members a year to work out an alternative solution.

When project is done BMW of Ridgefield will be able to park 219 cars on its current nearly five-acre site, and another 354 on the tennis club’s three and one-half acres.


Over 1,000 expected at Relay for Life tonight

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Many Ridgefield businesses this week took part in Paint the Town Purple to support Relay for Life — see page 6C. Shown with purple pinwheels are Chamber of Commerce staff members, from left,  Jen Mulhern,  Marion Roth, and Jason Rispoli, Ridgefield High School intern and graduating senior. —Linda Berry

Many Ridgefield businesses this week took part in Paint the Town Purple to support Relay for Life — see page 6C. Shown with purple pinwheels are Chamber of Commerce staff members, from left, Jen Mulhern, Marion Roth, and Jason Rispoli, Ridgefield High School intern and graduating senior. —Linda Berry

The fund raising, the walking, the speeches, the ribbons and hoopla, all the Relay for Life’s many aspects share a goal: research, scientific studies, to learn more about cancer, improve treatments, understand why people get cancer, and give coming generations better chances against it.

Ridgefielders have an opportunity to significantly advance that cause, but not by writing checks, or lining up pledges from friends and family and walking all night.

At Friday night’s Relay for Life at the Ridgefield Recreation Center off Route 35, people will be able to sign up as participants in a major scientific research study to further cancer prevention.

The American Cancer Society will have a tent at the relay enrolling people from 6 to 10 Friday night in Cancer Prevention Study-3 (CPS-3).

It’s a major long-term study designed to follow more than 300,000 people nationwide “to better understand the lifestyle, behavioral, environmental and genetic factors that cause or prevent cancer.”

They’re seeking men and women ages 30 to 65 who have never been diagnosed with cancer (except basal or squamous cell skin cancer).

The Relay for Life — this is Ridgefield’s 10th annual — is primarily a fund-raiser, and it’s also a celebration of cancer survivors, caregivers, and those battling the disease.

Ridgefield’s goal this year is to raise $200,000. Early this week 77 relay teams were signed up to walk around the Recreation Center property all night to earn donations from the people who’d pledged to support their efforts.

Last year’s relay had 108 teams and raised $162,000.

Folks who aren’t participating as team members or volunteers are welcome.

“There are 594 registered participants,” said Emily Shiller, the relay’s chairwoman. “My best guess based on past years is to double it.”

The event — relocated to the Ridgefield Recreation Center this year — will feature inspirational speakers, music, a survivors dinner and the traditional “luminaria ceremony” that witnesses describe each year as both beautiful and moving.

“The whole even centers around ‘Celebrate,’ ‘Remember’ and ‘Fight Back’ ceremonies,” Ms. Shiller said.

For the prevention study the American Cancer Society will be at the relay recruiting.

“CPS-3 will be located in the largest tent on the field!” Ms. Shiller said. “You can’t miss it!”

Participants should be willing to make a long-term commitment to the study, which involves completing periodic follow-up surveys at home.

“Anyone from ages 30 to 65 who has not had a cancer diagnosis is eligible,” said Anne Colucci, who is chairing Ridgefield’s participation in the study. “Even if you have other health issues, we’d be happy to enroll you, because they may affect your cancer risk, too,” she said.

“Also, to enroll you do not have to be involved in the relay at all,” she said. “You don’t have to be on a team.”

While the commitment to the study is long term, it’s not overly demanding said Ms. Colucci, who is a participant in the study herself.

“Enrollment at relay takes about half an hour,” she said. “It involves filling out a short survey. They’ll take a waist measurement and they’ll take a small blood sample, seven teaspoons, from your arm.

“About a week later they’ll get a more extensive survey in the mail. It’s all about lifestyle: what they eat, medication, if they sit during the day, how much…

“It goes into so many aspects of your daily life that people don’t even think about, but that could have an effect on their cancer risk.

“Then, after that, there’s really nothing for a couple of years,” she said. “I signed up four years ago, and it was half hour at the relay, and then 45 minutes a week later to fill out the at-home survey, and I think I’ve had just one survey online since then, which took me about 45 minutes to fill out. There’s an online survey every two years that you fill out.”

The study is part of the American Cancer Society’s extensive effort to support research into cancer and its causes, dating back decades.

“This study is unique in that the American Cancer Society, when they analyze it and come to some conclusions, they share that information with other researchers,” Ms. Colucci said.

Ms. Shiller described some of the evening’s highlights.

An honorary chair will speak at opening ‘Celebrate’ ceremonies, but has asked to remain anonymous.

“I can tell you that it is person/family well known to Ridgefield who has been battling cancer for many years,” Ms. Shiller said. “Our theme this year is ‘Saving the World One Cure At A Time’ and this person wishes to acknowledge all the super-heroes in our town who have supported them as they have been on this survival journey. It should be inspirational and sets the tone for our relay.”

The ‘Remember’ Luminary ceremony will feature Ally Sicinski, a Ridgefield High School sophomore who won the Ridgefield’s Got Talent competition last month. She will perform an original song she wrote for the event.

“It is about the struggle of watching and helping someone battle cancer, feeling helpless, and ultimately about the lessons learned during this time,” Ms. Shiller said.

The Fight Back ceremony also features music: The Distractions, 2013 RHS Battle of the Band winners, will play.

With the relay at the Ridgefield Recreation Center on Route 35, there will be parking at three sites.

“Parking is going to be available at Fairfield County Bank, Pamby Motors, and there will be parking at the Recreation Center,” said relay organizer Susan Tuccio.

“The Boys and Girls Club has graciously donated the use of their bus that will transport people from the bank and Pamby’s lots to the Rec Center.”

The change in locations will give this year’s relay a little different feel.

“People have to realize this isn’t the relay they used to know,” Ms Shiller said. “Being all inclusive lends itself to a different atmosphere.”

People walking around will pass the Registration and Luminary Tent, the CPS-3 Tent, the Main Stage, the 9/11 Memorial.

“Team campsites will line the inner and outer track providing onsite fund raising,” she said. “Think of a carnival with games and food stands along the way (be sure to bring spending money). Every part of the event happens on the one field…

“We are all there with one thing in common and the bond, as depressing as it may be, gives us strength and unity,” Ms. Shiller said.

“You don’t get that feeling so often. When you do it is so exhilarating and it’s motivating — like ‘I can actually make a difference!’ ”

The Relay events begin with the survivor’s dinner at 5:30 Friday evening and end with a closing ceremony at 5:30 Saturday morning. The outdoor action begins at 6. The ceremonies are Celebrate at 7, Remember (luminaria) at 9, and Fight Back at 10:45.

Two bear sightings on Friday

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A black bear was sighted Friday morning on Barrack Hill Road and another on Peaceable Ridge Road Friday evening.

Frank Grant was driving near Levy Park when he spotted the bear crossing the road in the morning.

“That ain’t no dog!” he said as he quickly recognized what was a small black bear.

Rob Kinnaird reports that neighbor John Miceli had a bear — possibly the same one — run by him in his backyard at 131 Peaceable Ridge in the early evening

There have been many bear sightings in western Connecticut this season, including one in downtown Danbury last week.

Bears have been seen in Redding and Weston, and there are usually a couple of sightings in Ridgefield each spring.

The State Department of Energy and Environmental Protection has received three bear reports from Ridgefield in past 12 months ending May 29.

“In recent years, a resident population has become established in Connecticut, primarily in the northwestern region,” DEEP says.

“Bears have also wandered into heavily populated residential areas.  Connecticut residents need to learn more about bears and how to reduce the likelihood of bears becoming a problem.”

DEEP has these recommendations:

  • Bears are attracted to the garbage, pet food, compost piles, fruit trees and birdfeeders around houses.
  • Remove birdfeeders and bird food from late March through November.
  • Eliminate food attractants by placing garbage cans inside a garage or shed. Add ammonia to trash to make it unpalatable.
  • Clean and store grills away after use.
  • Don’t intentionally feed bears. Bears that become accustomed to finding food near your home may become “problem” bears.
  • Don’t leave pet food outside overnight.
  • Don’t add meat or sweets to a compost pile.

If you see a bear, enjoy it from a distance, DEEP says. “Aggression by bears towards humans is exceptionally rare.”

However, the agency recommends:

  • Make your presence known by making noise and waving your arms if you see a bear while hiking.
  • Keep dogs on a leash and under control.  A roaming dog might be perceived as a threat to a bear or its cubs.
  • Walk away slowly if you surprise a bear nearby.

Keeler Tavern’s 300th birthday

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keeler-tavern-360True locals show their colors with indifference to — sometimes even in ignorance of — the treasures that bless the place in which they live. Attractions that visitors travel from afar to enjoy are overlooked. On this principle, the Keeler Tavern might a good test of true Ridgefielders. Been there lately? Ever? Know who Cass Gilbert was? How about Anna Marie Resseguie? Benjamin Hoyt?

With some 25,000 Ridgefielders, there are probably a few who haven’t visited the Keeler Tavern Museum in years or — say it ain’t so — ever. This Saturday is a great opportunity to correct that. For those who do know, visit and appreciate the Tavern, it’s a time to celebrate the Main Street landmark.

The Keeler Tavern is marking its 300th anniversary the old-fashioned way: with a party! Saturday from noon to 4 the Tavern and its grounds will be alive with events, entertainments, displays and demonstrations by period craft workers, old time kids’ games to be played, music, pony rides, face-painting. Cool old stuff on hand will include classic cars and vintage bicycles, typewriters and tools. There’ll even be a birthday cake with 300 candles.

The party’s free and all are welcome, but guided tours of the 300-year-old building with its period furnishings and collection of artifacts will be $5. Costumed re-enactors will portray eight of the people who have lived in the Tavern over a 300-year history that took it from town proprietor’s lot to patriot gathering spot to wayside coach stop to architect’s country home to preservationists’ project and local history museum.

For the more ambitious, a fund-raiser Saturday is the Ride Into Ridgefield History bicycle tour featuring town historical sites and houses of famous Ridgefielders. Starting at 9 Saturday from 22 Catoonah Street, near the firehouse, it will be offered in three lengths and costs $15 a person, or $25 per family, with funds benefiting the Keeler Tavern Museum and the Ridgefield Historical Society.

The Keeler Tavern is more than a quaint, gambrel-roofed building that looks out on Main Street near the fountain. Check out what the museum has going for it. There’s a lot — including the non-birthday gift left embedded in its beams by British troops retreating from a torched Danbury to their ships waiting off the beach of what is now Westport. The locally famous artifact that generations of school kids have reached for and touched, gives The Tavern its nickname, “the Cannonball House.”

Enchanted Garden Studios offers Shakespeare program

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From Enchanted Garden Studios’s 2012 Camp Shakespeare production of “Antony and Cleopatra” Katherine Keating as Cleopatra and Sarah Thorn as Chairman.”

From Enchanted Garden Studios’s 2012 Camp Shakespeare production of “Antony and Cleopatra” Katherine Keating as Cleopatra and Sarah Thorn as Chairman.”

This summer, young actors ages 9 to 17 will be performing “A Midsummer’s Night Dream,” “Hamlet,” “As You Like It,” and five other Shakespeare plays at the Enchanted Garden in Ridgefield.

According to the program director, Clista Townsend, “this enchanting summer experience will not only enhance young people’s understanding of Shakespeare’s language though performance and total immersion in the skills necessary to approach his works, it will also be a lot of fun as they combine stand-up comedy with song and dance and improvisation.”

In each two-week session, participants will learn voice and speech, movement, text study, mask work, clowning, stage combat and more in preparation for a performance of an abridged, but still authentic Shakespeare play — one for ages 9 to 12 and another for 13 to 17.

Ms. Townsend, who teaches theater at Hunter College in Manhattan, will be joined by Chris Smalley, who has co-led the program from the start at the Enchanted Garden, and by two or more assistant teachers, all college seniors majoring in theater.

Auditions or knowledge of Shakespeare are not required. All are welcome. Four two-week sessions run from June 24 through Aug. 23. For more details, visit EnchantedGardenStudios.com, or call 203-431-3350.

Citizens group sues to halt Gateway Zone

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Opponents of more retail on upper Route 7 have filed a lawsuit seeking to overturn the new ‘Gateway Zone’ adopted May 14 by the Planning and Zoning Commission.

“We feel they have not done nearly enough research to understand what the effects of this zone will be on the town,” said Helen Dimos of Citizens for Responsible Planning, the group of property owners who brought the appeal.

“We feel that the Planning and Zoning Commission acted really hastily and precipitously and irresponsibly,” she said, “without enough information on the potential effects of the new retail designation out on the highway, particularly since most contemporary planning priorities focus on the health of town centers, pedestrian accessible shopping, and development nodes close to public transportation. This doesn’t qualify on any of those.”

The complaint on behalf of the group was filed last Thursday, June 6, by New Haven attorney Marjorie Shansky. In it she describes Citizens for Responsible Planning as “an unincorporated association of owners of property and residents of Ridgefield…”

Ms. Dimos said that joining her on the group’s steering committee are: Ellen Burns of Great Hill Road, who owns of Books on the Common; Wayne Addessi, a Main Street retailer and landlord; and Joseph Heyman, a former selectman and former longtime member of the Planning and Zoning Commission.

Markel Elortegui of 32 Dogwood Drive is named in the complaint as a plaintiff who owns property within 100 of feet of the new zone — giving the group standing to appeal the zone change.

There is a larger group supporting the lawsuit, Ms. Dimos said, and she expects to more.

“There are quite a few people in the group,”  she said. “We have not contacted a lot of people so far.”

In adopting amendments to create the new “GZ7 zone” last month the commission added “limited retail” — up to 8,000 square feet per tenant and up to 20,000 square feet per lot — to parts of an existing B2 business zone that runs along Route 7, from the Danbury line south to a little way past intersection of Route 35.

At the highway intersection the zone extends south to end of the John’s Best Pizza restaurant property on the Route 7 side, and reaches over to include Route 35 properties as far down as the small shopping center at 590 Danbury Road.

In all, the new zone governs 35 parcels covering 57 acres.

Town Planner Betty Brosius said the commission’s lawyers had reviewed state statutes and advised that in the case of a zone change, the filing of a legal appeal challenging it “does not stay the zone change” and prohibit private landowners from pursuing development under the guidelines of the new zone.

But an appeal does mean property owners undertake development under the new zone at their own financial risk, should the zone be overturned — effectively putting most development on hold.

“In the case of the GZ7 appeal, the zone change remains in effect but applicants would be going forward at their own risk until the appeal is resolved,” Ms. Brosius said.

The legal complaint filed on behalf of Citizens for Responsible Planning critiques the commission’s decisions from numerous perspectives.

The zone change passed on a close 5-to-4 vote with at least one dissenting commissioner “vehemently opposed,” Attorney Shansky said, following a public hearing where substantial opposition had been expressed.

“At the public hearing,” she wrote, “many concerned neighbors and members of the public, including experts, presented credible and substantive testimony and evidence to the commission regarding:

  • “Traffic congestion and safety issue attendant to the introduction of even limited retail uses…
  • “The actual increase in accidents at the intersection of Route 7 and 35 since certain convenience retail was introduced in 2009;
  • “The likelihood of environmental degradation as a result of increased development and vehicular traffic associated with retail uses;
  • The unsustainable development patterns reflected in the GZ7 Zone that is contrary to good planning and will undermine and dilute the stability of the town center…”

The complaint agues: “The decision of the commission is not supported by reasonable or substantial evidence, is contrary to the evidence presented to it, and does not find a basis in fact of law…

“The commission made findings and reached conclusions that are inconsistent with and contrary to the substantial evidence and testimony presented to it about traffic congestion, accidents and safety.”

Asked for comment, Planning and Zoning Commission Chairwoman Rebecca Mucchetti was restrained.

“We expected the appeal, so it’s not a surprise,” she said. “All we’ve done is receive it, nothing further in terms of time lines or anything.”

She added that the commission’s attorneys always urge members not to discuss the substance of lawsuits filed against them.

“Once an appeal has been taken,” she said, “counsel’s advice is we cannot and should not talk about it.” she said.

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