High Watch modification request continued until February

KENT, Conn.—The Planning and Zoning Commission further extended High Watch Recovery Center’s application for modification of its special permit Thursday, Jan. 8, despite the center’s compliance with opinions from Town Counsel Michael Zizka.

High Watch CEO Andrew Roberts appeared before the commission and said that the facility was withdrawing its request for removal of several conditions imposed by the 2019 special permit while retaining others by using Zizka’s language.

Zizka’s suggestions and High Watch’s changes to its application were filed with Zoning Enforcement Officer Tai Kern on Tuesday, Jan. 6, but Roberts then filed a “clean copy” that he deemed easier to understand Thursday on Jan. 8, hours before the PZC meeting. 

“The latest document has been simplified,” Roberts told the commission. “We used Attorney Zizka’s verbatim language in our request. We backed off from the things that are making people incredibly uncomfortable and took the advice of your counsel.”

Neighbors sitting in on the meeting were far from mollified, however. Ellen Altfest objected to the late submission of the clean copy, which had not been included in the information packet for the meeting. “The things that came in today need to be addressed or the hearing extended so we can get a handle on it,” she asserted. “It’s extremely irregular to have something come in so close to the hearing.”

Chairman Karen Casey said the new copy “cloned” the town attorney’s language so the neighbors had, indeed, had a chance to review the essence of the application two days earlier. 

Kern agreed that High Watch had modified what it wanted to keep in its application earlier and that the latest document was submitted because Roberts “wanted to make things clearer.”

Gone from the application are the request to increase the detox center’s capacity by two beds. Zizka said this provision would probably constitute an expansion of the special permit and would be impermissible. In its modification clarification, High Watch asserted it is “sensitive to and does not wish to consume town resources and engage in costly legal disagreements.” The facility asserts it is “completely committed” to mending fences with neighbors and moving its relationships from “acrimonious and adversarial to productive and collegial.” 

Nevertheless, the document also asserted that High Watch believes there are other potential approaches that other towns have adopted in similar situations “and will come forward at a later date with a proposal that hopefully concurs with Attorney Zizka’s interpretation of the law.”

Another request that excited neighbors was removal of the condition that local authorities be alerted if a client of the facility were to be “absent without leave.” The modified request, echoing Zizka’s wording says, “In the event any client of the permitted uses is absent without leave, the applicant or its successors or assigns must immediately provide notice to the Connecticut State Police and the Kent First Selectman except as such notification may be expressly prohibited by state or federal law.” Zizka noted in his opinion that state and federal laws would always supersede zoning regulations.

The facility withdrew its request to override an original condition of approval that forbade admission of anyone under the jurisdiction of the Department of Corrections or a state or federal court. The facility’s statement said that it had submitted the request “due to potential future claims of discrimination,” but added “Attorney Zizka, through his analysis, has allayed those concerns.”

The modification request said that removing the request should lessen confusion about why the detox center is secure. “During a supervised medical withdrawal, many individuals receive medication that can leave them confused, unsteady, or disoriented,” the statement said. “Keeping the unit secure helps maintain a safe environment and prevents guests from unintentionally putting themselves at risk. … The idea that the detox unit is secured in order to protect anyone outside the unit is pernicious and only serves to confuse and misinform the general public and incorrectly conflates criminality with those seeking help treating their substance use disorders.”

The original special permit dictated that the new lecture hall “shall not exceed 218 seats and shall be used only in conjunction with the treatment of clients at the facility and for the regularly scheduled Saturday night AA meetings.” The original modification request asked that the use be expanded to include “professional development, training and continuing education programs.”

The revised modification request, based on Zizka’s advice, adds “It shall not be a violation of this condition if a limited number of persons not employed by the facility are also invited to such professional development, training and continuing education programs, provided that in no event shall the number of such persons exceed 20 percent of the seating capacity (a total of 44 persons) … and that there shall be no greater than six of these events per calendar year and they take place between the hours of 9:00 a.m. and 3 p.m.”

“We are not attempting to expand into a conference center, as has been suggested,” the statement read. 

“There is no subterfuge here,” Roberts told the commission Thursday. “Every word is from Zizka’s letter.”

Altfest said that Zizka had not “accepted” the modifications but said they “could be accepted.” She insisted that the hearing be continued.

As the timeline for action on the application had elapsed, only High Watch could ask that the hearing be extended, which Roberts did. “It’s whatever the commission wants,” he said. “We have been there 90 years; another month won’t matter.”

Former zoning enforcement officer and now PZC member Donna Hayes suggested that when multiple versions of applications are in the file that the date of submission be stamped on the copy. It was further requested that applicants file materials sufficiently in advance to allow commissioners and the public to peruse them.