Route 7 near Route 35 is a commercial strip that many retailers value highly for its high traffic and visibility, but to the Route 7 Wines and Liquors shop it has become a legal no man’s land.
The store at 971 Ethan Allen Highway has become stuck in zoning regulations limbo because the Connecticut Superior Court overturned a zone change from B2 (business but not retail) to GZ7 (Gateway Zone with retail) that would have allowed the liquor store to operate. The zone change was overturned earlier this year, following a lawsuit from residents opposed to the change, because of a technicality in the writing of the legal ad, specifically, insufficient information about the contours of the zone change.
The town’s zoning enforcement officer then told Paul Dewitt, who owns the 1,700-square-foot building, that the wine and liquor store that opened in 2014 was non-conforming, which is zoning speak for illegal. Technically, Dewitt could be liable to pay fines of $150 per day.
He has received no fines so far.
“It could be served a violation, but the practice of the zoning department is if an applicant is attempting to remedy the situation, there is a pause in the enforcement action, as long as he’s making a good faith effort to do something about the violation,” said Betty Brosius, the town’s planning director.
Dewitt’s attorney, Ward Mazzuco of Danbury, met with the Planning and Zoning Commission May 19 and appears to be preparing to remedy the situation by proposing an amendment to the zoning regulations that would allow the liquor business to remain.
“There’s a couple of possible approaches. One is to ask for a change in the regulations, another is to create a new zone for the triangular area where the store is located, because it is already predominantly retail,” Mazzuco said.
The direction he takes is yet to be determined.
“We’re working closely with the town planner to find a resolution that works for the package store and reflects the good planning for the community,” Mazzuco said.
While property owner Dewitt did not return a telephone call for an interview, Mazzuco said he was surprised by the case, because Ridgefield has what he called a good record of sustaining appeals.
“It’s pretty unusual for zoning decisions to be overturned on the basis of a legal notice,” Mazzuco said.
The Planning and Zoning Commission chose not to revisit the zone change after the court overturned it because of contentions among members.
“The decision was not a unanimous vote when it was adopted,” Brosius said. “They chose not to revisit it. It was a much broader area than just the location where this business is.”
Mazzuco had already tried to resolve the issue through the Zoning Board of Appeals. That panel has an ongoing discussion about the case and advised Mazzuco to try to find a solution other than a variance, which is zoning speak for a type of permission granted by the ZBA. The appeals board sent him to the Planning and Zoning Commission for a solution.
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