An Easton resident is challenging in court a special permit that allows the Easton Village Store to undergo interior renovations to reopen for takeout and food delivery service.
Steven Montgomery has filed an appeal in Bridgeport Superior Court asking the court to deny a special permit the Planning and Zoning Commission issued to Gourmet United, LLC on April 28. Montgomery claims the application “was incomplete and inaccurate and does not conform to the filing requirements, procedures and development standards set forth in the Regulations.” He also claims the approved permit will negatively impact his property value and the use and enjoyment of his property.
EVS owner Marsel Huribal sought the special permit to remodel the interior of the store to prepare for its reopening as an establishment offering a variety of cuisines for takeout and delivery. The store closed nearly a year ago to undergo a state-ordered remediation plan when contaminated soil was found on his property after three underground gasoline tanks were excavated in February 2022.
In his appeal, Montgomery claims the special permit issued to Huribal was incomplete and inaccurate, and didn’t conform to regulations.
Justin Giorlando, the town’s land use consultant, said he reviewed Huribal’s application and determined it was complete in accordance with Easton’s zoning regulations before forwarding it to the commission for their review and action. Huribal submitted all the required documents with the application, including a fee, detailed plans, and a written statement describing the proposed use. The application was for an amendment to an existing special permit approval for intensification of the Easton Village Store issued by the Planning and Zoning Commission for this property in September 2010.
“The only change is to the interior layout of the kitchen and reduction of table-service inside the building. There are no changes to the outside,” said Giorlando. “Additionally, the permit is a reduction in non-conforming use because the gas pumps and cigarette sales are eliminated and there will no longer be indoor dining. This application for amendment brings this property more into conformance with our zoning regulations.”
Montgomery’s attorney Joel Z Green of Bridgeport did not immediately return a call seeking comment.
This is the second time Montgomery has contacted authorities about EVS. Last year, he filed a complaint with the state Department of Energy and Environmental Protection about piles of soil sitting under tarps on EVS property after the underground gas tanks were excavated. Montgomery, whose home abuts EVS, was concerned the soil would contaminate his nearby drinking well and nearby wetlands and the town wasn’t doing enough to address his concerns.
To date, DEEP has found no trace of contaminants in Montgomery’s well or nearby supply wells and in wetlands. State and local officials continue to monitor the remediation at the property under the supervision of DEEP and in coordination with local officials and Bridgeport-based Advanced Environmental Redevelopment.
Easton’s Conservation Commission/Inland Wetlands Agency cited Huribal for several permit violations related to the excavation and for moving the soil within 100 feet of wetlands. Montgomery sits on the commission.
Giorlando said Huribal can continue his interior renovations while Montgomery’s appeal is heard by the court.
