Shelton Zoning Administrator Rick Schultz (seated) speaks to the Planning & Zoning Commission as (standing, left to right) attorney Daniel Silver, ‘Hush’ applicant Randi-Lee England, and attorney Jonathan Klein listen.
SHELTON — The woman whose controversial plans for a “speakeasy” off Bridgeport Avenue were rejected by the Planning and Zoning Commission has accused the city of stacking the deck against her application.
A judge could hear an appeal of the commission’s decision later this year, according to her lawyer.
“It is transparently evident that the outcome of the hearing was predetermined,” the lawyer, Jonathan Klein, wrote in a brief filed Friday. “The ‘fix was in.’”
Virginia Harger, the commission’s chairwoman, declined to comment on the case, referring questions to the commission’s lawyer.
The Valley Indy emailed the lawyer Monday.
The planned business, to be called “Hush,” has been the subject of intense discussion online since first becoming public last October.
The business would occupy the first floor of 303 Bridgeport Ave., under the Hunan Pan restaurant. The property borders a condominium development.
In December, the planning and zoning commission rejected a certificate of zoning compliance application for the business from Randi-Lee England.
The rejection was applauded by a standing room audience of more than 40 people, many of whom had signed a petition of more than 240 signatures opposed to the business.
The zoners cited concerns about traffic, but also ruled that self-described “speakeasies” should be prohibited.
Artwork submitted with the application for “Hush” showing “flapper girl” attire to be worn by hostesses.
In the appeal, Klein says England came to the meeting in December prepared to debate the question of whether speakeasies — a trend in the bar business with examples in Connecticut — should be permitted.
But instead, he says the city “blindsided and ambushed” her with questions about other issues they “had never indicated were of concern to, or would be in issue before, the PZC.”
For example, a letter from Fire Marshal James Tortora raising parking concerns was only given to Klein at the beginning of the hearing, even though it was dated nearly two weeks earlier.
Klein said Tortora’s letter was “false and misleading.”
He said the concerns raised at the hearing could have been addressed, but the commission instead voted to reject the application.
The appeal also noted city officials initially signed off on England’s application — for which she then obtained a liquor permit — before controversy about the business surfaced.
England has since sunk more than $100,000 into the business, according to court documents.
Klein filed the appeal on England’s behalf in January.
According to a filing from Klein, he and Francis Teodosio, a lawyer representing the city, negotiated a settlement in the case.
But the Planning and Zoning Commission rejected the settlement July 10, according to Klein.
According to meeting minutes, the commission met behind closed doors at a July 10 meeting to discuss “pending litigation.”
According to the minutes, the commission did not vote on a settlement proposal. Votes are not allowed to take place while in an executive session.
Klein declined to discuss the specifics of the proposed settlement “since it was rejected outright by the Shelton Planning and Zoning Commission.”
“I and Attorney Teodosio have not attempted to modify the tentative settlement because the Commission did not indicate that certain aspects of it were acceptable, but others were not,” Klein said. “Instead, the Commission has made it clear that under no circumstances will enter into any settlement with Hush It Up, LLC and they want the appeal to be decided by the court.”
Klein said the commission has until Oct. 30 to file a reply to his brief, after which he’ll file another brief Nov. 13.
A hearing in the case “should take place in December, but no precise date has been set,” Klein said.
