Weston pediatrician's practice forced to close because of zoning regulations

Dr. Gerald Lieberman, a pediatrician, is

closing his Weston practice, Children's Health Services, after spending 27 years in town. He isn't doing it because he wants to retire. He also isn't shutting down due to a lack of clients.

The reason is because of zoning regulations.

"I have no options. I was going to retire anyways, so it's like a forced retirement," said Lieberman, 73. "I was going to work for another two years if possible."

The office qualifies as a home occupancy since Lieberman lives in the building. Under Weston's regulations, only the resident and two other individuals can be employed. When Lieberman was splitting his time between a Westport office and the one in Weston, which was only open two days a week, he worked under those guidelines. Eventually, he worked full time out of the Weston office and said he had to hire more employees. There were up to five additional employees, not counting Lieberman.

"According to the [American] Medical Association guidelines, it is suggested that a doctor has three employees," Lieberman said. "Since at one point we had two full-time doctors, there was just no way to comply."

On Dec. 31, Lieberman received a cease and desist order to close his practice if he wasn't going to follow the regulations. The fine was $250 a day. At a January meeting with the Zoning Board of Appeals, the board voted to not grant him a variance. The fines were racking up as this was all happening.

"He could have taken an appeal from the ZBA denial of his variance request, but I don't think it would have been a successful appeal," said Larry Weisman, an attorney who represents Lieberman. "I don't think it would have had much merit because there really is no hardship that applies in the classical sense to this property."

If the ZBA decision was appealed, then a decision might not have been reached in the courts for a year or two. If it was decided to leave the ZBA decision as is, Lieberman would have to pay all the fines that accumulated over that time.

"To me, it doesn't make a lot of sense. I was disappointed in their response, and he was very disappointed. He served that community for many, many years and he's a very good doctor," Weisman said.

Last spring, Lieberman went before the Planning and Zoning Commission. He hired a lawyer and presented a change in the zoning regulations that would allow his office to stay open. It was turned down in a unanimous vote.

"This is not about Dr. Lieberman. This is about the regulation which affects all of Weston," said Stephen Grozinger, chairman of Weston's Planning and Zoning Commission, according to the minutes of a meeting on May 18, 2009. "It boils down to how zoning regulations protect people's expectations when they buy a home, so that a business will not be opened next to you. Proposing this would open up the entire town's residential district to business development."

Commission member Paul Heifetz also spoke in opposition to the zoning change.

"As to needing additional doctors in town, we have doctors nearby that serve us very well," Heifetz said. "There is also the problem with traffic and neighbors' rights."

Dan Gilbert, a commission member, looked to the future of Weston and the effect a change in zoning regulations could have.

"This is really about us (the commission), that we get to decide what Weston will be like in 20 years," Gilbert said. "The question is focusing on need. There has not been an outcry in 20 years for a physician in town."

With an appeal seemingly a long shot and potentially costly, Lieberman has begun to close his practice. He was told he won't have to pay the thousands in fines and has begun sending out notices about the closure of Children's Health Services to the approximate 1,500 families he serves. He also said he has taken out ads in local newspapers to inform clients of the closure.

"I think I'm in a dreamland, or maybe Alice in Wonderland," he said. "I can't see any town in the United States forcing a doctor out of their business. They're not just forcing me out of business. I have one doctor, a medical assistant, a receptionist and a business manager, all of whom will be out of jobs."