Fairfield Neighbors Going To Court Over Newport Academy Plan

FAIRFIELD, CT — Residents in Greenfield Hill are headed to court after their petition to rescind building permits for a planned residential treatment facility in the neighborhood was denied.

The group is seeking to overturn the Zoning Board of Appeals decisions that upheld building permits allowing for-profit Newport Academy to open a live-in facility for young adults in two homes at 3236 Congress St. and 2495 Redding Road.

"We need boots on the ground," area resident Meghan McCloat said at a recent meeting at St. Timothy's Episcopal Church, where neighbors gathered to discuss next steps and how to create awareness about the issue in the larger Fairfield community.

Residents have raised more than $30,000 on GoFundMe so far for the effort, according to neighbor Justin Spencer, and organizers were collecting contributions at Thursday's meeting. The movement to stop Newport Academy has received significant private donations, Spencer said, including a five-figure contribution from William Raveis Real Estate, the largest real estate group in town. The neighbors also founded a nonprofit called Neighbors for Neighborhood Preservation Inc. in response to the Newport Academy issue.

The properties at the center of the conflict were purchased in early January for a combined $5.45 million, make up more than 13 acres of land and include wetlands. Newport Academy intends to establish a six-bed, gender-specific facility in each house for adults ages 18 to 26 seeking treatment for primary diagnoses such as depressive or anxiety disorders and secondary issues like eating or substance use disorders, according to documents on file with the state.

The neighbors contend the facility will constitute commercial activity in a residential zone and take issue with Newport Academy's characterization of the development as a group home on its building permit application.

"This isn't a group home," said Collin Baron, an attorney who spoke at the community meeting but is not representing the residents. "This is a residential treatment facility. As such it has to comply with zoning."

Although Newport Academy is not technically compliant with Fairfield zoning rules, state law dictates the town can't treat Newport Academy any differently than it would a single-family home, Planning Director Jim Wendt said.

Regarding the distinction between a group home and a residential treatment facility, Wendt said the developer applied for the building permit as a group home and the town assumed Newport Academy would operate as such.

In its paperwork seeking a certificate of need from the state, Newport Academy identified the project as a residential health care facility, a distinction the neighbors feel is important.

"Whether you call it a group home or a medical facility ... this is a for-profit enterprise no matter how you slice it," Wendt said, adding the appeals process will resolve the issue in court.

In addition to the legal fight, residents are making their voices heard as Newport Academy seeks a certificate of need. Among the documents associated with the certificate of need application are more than 150 pages of public response to the proposal, the majority of which are from people against the project or seeking further discussion or information about it. The neighbors plan to pack a state hearing on the matter, just as they did the zoning meeting in September.

Thursday's gathering was attended by Republican state Reps. Laura Devlin and Brenda Kupchick, who is running for first selectman, and State Sen. Tony Hwang, also a Republican. All three expressed solidarity with the residents, with Devlin and Hwang saying they would spread the word across the state about the issues Newport Academy presents.

"A medical treatment facility is not where people are living as a home," Hwang said, adding the houses of surrounding Greenfield Hill residents do not require a certificate of need.

When asked to respond to several of the concerns raised by residents, Newport Academy Senior Director of Communications Kristen Hayes provided a brief prepared statement.

"The town of Fairfield made a determination in our favor which the Zoning Board of Appeals upheld. Newport is moving forward with a standard Certificate of Need process that is open and transparent," she said. "With each home in all of our partner communities, Newport abides by all necessary laws and regulations, and will continue to do so."

The appeal of the September zoning decisions will take place in superior court within the next six months, Baron said, while the certificate of need hearing is expected to be held in the next three or four months.