The Register Citizen (Torrington, CT)
P&Z sticks with denial vote
Health center’s attorney cites conflicts of interest
WINSTED >> The Planning and Zoning Commission maintained its decision to reject an application by Community Health & Wellness of Greater Torrington Monday evening, after the organization’s attorney recently claimed that commission members voted despite conflicting interests in the matter.
Chairman Craig Sanden said commission members met with legal representation in executive session, and that the decision to reject the application won’t change. He declined to offer the rationale for this Monday, noting the possibility of a lawsuit from the applicant.
Community Health & Wellness, based in Torrington, submitted an application to move into the Super Saver building in March.
A special permit was required to for the proposal to move forward, according to Town Planner Steven Sadlowski, because the new institution would represent a large-format medical office. Commissioners rejected the application 3-2 on April 10.
Commission members George Closson, Barbara Wilkes and Art Meylcher voted against the application, citing a desire to keep the downtown open for retail space.
In an April 19 letter from attorney Joseph Williams, representing Community Health & Wellness, Closson and Wilkes were accused of voting despite a conflict of interest in the matter stemming from their ties to the Winsted Health Center, the landlord for the wellness center on Spencer Street.
Closson is a member of the health center Board of Directors, while Wilkes formerly served on the board.
Community Health & Wellness Chief Executive Officer Joanne Borduas said Monday that she stood by the claims in the letter.
“I absolutely stand by (the claims),” said Borduas.
As part of the letter, Williams wrote that, if the votes of Closson and Wilkes were not stricken from the record, the board would likely face legal action.
“Clearly a serious legal error has occurred,” Williams wrote. “We strongly encourage you to consult with your town attorney to evaluate actions your Commission can take to correct this error before CHWC (Community Health & Wellness) must decide to bring legal action against the Town of Winchester.”
Borduas said the commission would hear from the health center by the end of the week.
The wellness center has been looking for an alternate site for its future home in recent weeks, Borduas said, as the issue has wound on.
“The community deserves access to health care,” said Borduas.
Winsted Super Saver owner John Dwan, who has sought to sell the building and retire, also voiced his displeasure with the decision.
“I think it’s absolutely outrageous, and it’s embarrassing,” said Dwan. “And to be honest with you, I’m ashamed of this board and how they can ... not recuse themselves given the strength of that letter. It is just, it is outrageous, it’s outrageous.”
Any legal action involving the matter, Dwan said, would be brought by the wellness center.
Closson said Monday that while he is on the Board of Directors for the Winsted Health Center, he did not believe he had a conflict of interest when voting.
The relationship between the Winsted Health Center and Community Health & Wellness was not raised during the hearing, he said, and wellness center representatives said they did not consider the center’s Spencer Street location suitable for their future use.
“There was nothing at all brought up in the hearing about that,” said Closson.
Wilkes said last week that her vote was based on language included in the town Plan of Conservation and Development and past studies indicating that retail space was needed downtown.
She has not been a member of the Winsted Health Center board for a number of years, she said, and thus did not have a conflict of interest in the matter.
Dwan said that he had not yet decided when the Super Saver will close but that he planned to make an announcement next week. He has no other future prospects for the building at this time, he said Monday. The Mad River Market coop group, however, is interested in the Super Saver space. The co-op members are holding a membership drive with the Northwest Connecticut Chamber of Commerce’s Leadership class on May 13, and members say it’s an option.