The Register Citizen (Torrington, CT)
Community health center deal reached
Plans to take over former IGA Super Saver location
WINSTED — Community Health & Wellness of Greater Torrington is set to move into the former Winsted IGA Super Saver after months of legal proceedings, as the health care provider and the Planning and Zoning Commission entered into a settlement agreement Wednesday.
Under the terms of the agreement, the wellness center will be granted permission to occupy the former Winsted IGA Super Saver and purchase the building from former store owner John Dwan.
The entrance will be in the rear of the building on Center Street, and 3,500 square feet of retail space will be set aside for rent facing Main Street.
“I’m happy that we both came to terms on a settlement both parties can live with,” CH&W Chief Executive Officer Joanne Borduas said. “My only purpose was to be able to expand our space to provide services to the community.”
“I was happy to see it come to its appropriate conclusion,” said zoning commission Chairman Craig Sanden Wednesday. “Under the circumstances, it was the best compromise that could be offered.”
“(I’m) very happy we were able to come to an agreement,” said Dwan Wednesday, who noted his relief at having the matter settled. “Community Health & Wellness will be a welcome addition to Main Street.”
The Planning and Zoning Commission voted to deny the wellness center’s original application to move to the former Super Saver building in April, as three members — George Closson, Barbara Wilkes, and Art Melycher — voted against the proposal. Wilkes and Closson said at the time that it would not fit with the town’s Plan of Conservation and Development.
The wellness center sought to have their votes stripped from the record in a lawsuit filed later that month, as it alleged that the three members, as well as alternate Lee Thomsen, had conflict of interests in the matter due to past and current affiliations with the Winsted Health Center, the wellness center’s current landlord on Spencer Street.
In the settlement, attorneys Joseph Williams, Edward Fitzpatrick and Kevin Nelligan — representing the wellness center, Winsted Super Saver and zoning commission respectively — note that the commission continues to deny that the members had such a conflict of interest and that the agreement “effects the settlement of claims which have been denied by the Commission and have been contested in good faith.”
“In particular, the Commission vehemently denies that any of its members had a conflict of interest, and it continues to maintain that no evidence of a conflict has been submitted,” said the three attorneys. “Nothing contained in this stipulation shall be construed as an admission by any party of any liability or wrongdoing of any kind. Each of the parties enters into this stipulation to avoid litigation and to buy their peace.”
Other terms of the settlement agreement include that the wellness center will be able to put up signs on the front and rear of the building indicating its presence, that its hours will conclude by 6 p.m. barring occasional exceptions, and the area for patients will be separated from the commercial space.
The wellness center also agreed to remove the plywood that covers the front of the building “promptly” after gaining title and receiving a permit to renovate the structure.
Potential uses for the commercial space, as set out in the agreement, include a restaurant, brewery, bakery, bank, grocery store, small shop and artisan production.
If the wellness center is unable to find a tenant for the commercial space after two years, it is required to share proof of its efforts to rent the area to the zoning commission.
If commission members agree reasonable efforts have been made to rent the space, the restriction to set aside the space for retial will be lifted and it will be freed up for use for patients in the wellness center.
The Winsted Super Saver closed at the end of May, after Dwan announced plans to retire after more than 30 years of operating the grocery store in March.