Danbury Business Owner Takes Legal Action Against OTB Plans

DANBURY, CT — An owner of a new Danbury business has filed an appeal against the city's Zoning commission and the company planning to establish an off-track betting facility in the city, according to a press release Tuesday. In response to a decision allowing city restaurants to have off-track betting as an accessory use, Pour Me Coffee & Wine Bar owner Andrea Gartner filed a petition against the Sportech Venues, Inc. and the zoning commission.

On May 9, the zoning commission approved the rule change despite resident petitions and concerns detailed during during public hearings and approved the use at Two Steps Downtown Grille. The first four-hour hearing was held on April 11 during school vacation, and the hearing was continued to April 25th and was finished at 12:10 a.m.

The announcement argued the commission failed to state any reasons to support its decision, except the "boilerplate language required by statute: "This is consistent with the land use policies of the 2013 Plan of Danbury Conservation & Development, and [OTB] will not have a detrimental effect on the health, safety and welfare of the community.""

"Ms. Gartner also believes that the intention and integrity of the 2014 ordinances, which were passed by the City Council to further and promote development in the Downtown Revitalization Zoning Overlay, have been compromised," according to the announcement.

On Twitter Tuesday, Mayor Mark Boughton said the decision does not allow other restaurants to do the same, and the plan calls for 200 square feet of gaming space at Two Steps.

Gartner's attorney, Peter S. Olsen, stated in the announcement that the is confident in the judicial success of the appeal.

"The Commission cites the Plan of Conservation and Development for support of its decision, but that document does not provide any support for gambling as a recommended entertainment use in Danbury neighborhoods, including Downtown," said Olson in the statement." The Commission has also ceded its authority to decide what uses go where in the City to the City Council, violating its statutory mandate. In addition, the Commission’s amendment of the text of the zoning regulations violates basic principles of zoning law, and opens up vast swaths of the City to the possibility of Off-Track Betting."

Andrea White, the owner of Mothership Bakery & Cafe, also voiced concerns regarding the facility, citing concerns that the OTB facility could negatively affect her business's "wholesome and family-friendly customer base."

"As a small business owner in Downtown Danbury, I have serious apprehension regarding Off-Track Betting coming into our neighborhood. Mothership on Main has a very wholesome and family-friendly customer base which we have worked hard to build," stated White in a statement. "We would like to not only maintain that base, but add to it. We plead with anyone who has the ability to push stop, or even pause the progress of OTB in the Downtown Danbury area to do so. Please consider those of us who have already invested so much of ourselves to help revitalize Main Street, and how this will impact us."

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