Newport Academy Can Open In Greenfield Hill; Settlement Reached

FAIRFIELD, CT — After years of back-and-forth, a legal settlement has paved the way for Newport Academy to open two residential mental health facilities for young adults in Greenfield Hill, despite longstanding neighborhood opposition.

Fairfield’s Board of Selectmen voted unanimously Monday to approve the settlement with Monroe RE LLC. The move came after the company filed a lawsuit against the town in federal court and complained to the U.S. Department of Housing and Urban Development, triggering an investigation into Fairfield’s housing practices, town attorney James Baldwin said.

“Given the advice of counsel and given the significant exposure to cost as compared to our probability of success in this matter, we were dealt a very bad hand,” Selectman Tom Flynn said before the vote.

Newport Academy bought houses at 3236 Congress St. and 2495 Redding Road about three years ago at a combined cost of $5.45 million for 13 acres, with the intent to turn each of the residences into a six-bed facility where young adults would receive mental health treatment.

Neighbors pushed back aggressively, collecting tens of thousands of dollars, forming a nonprofit and making lawn signs to show their opposition, which is based on the grounds that the project would constitute commercial activity in a residential zone. More than 200 people attended a 2020 state certificate of need hearing for the plan, and residents went to court over the Zoning Board of Appeals decision to uphold permits for the project.

Newport Academy claimed it was exempt from town zoning regulations under federal law and that Fairfield’s refusal to issue a certificate of occupancy was discriminatory, citing the long-term operations of the Center for Discovery, a similar local mental health facility in a residential AAA zone, according to Baldwin. While Fairfield denies liability, it did enter remediation with a federal magistrate, Baldwin said, adding that attorneys concluded Newport’s proposal met the requirements for special exception permitting regulations.

Under the settlement, Newport will operate its facilities in compliance with the regulations applicable to family homes in the area and any of its future applications must go through a special permitting process, according to Baldwin. The housing investigation into Fairfield will end and the town will no longer be at risk of losing federal grant funds.

“Newport Healthcare is pleased with this settlement because it is unequivocally a win for mental health and the families we serve,” said Kristen Hayes, senior director of communications for Newport, in a prepared statement.

“We commit to providing high-quality, evidence-based mental health care to young adults in our two group homes, and to expanding access in a region that lacks such services. As concrete evidence of that commitment, Newport has established a community fund for the benefit of those who could not otherwise afford care. We look forward to a cooperative relationship with town officials and neighbors as we work together to address the needs of all residents.”

Many neighbors logged on to the virtual meeting Monday to share their perspectives.

“I just find it incredibly hard to believe that purchasing a home in Fairfield, in Greenfield Hill, and really anywhere in the United States in a residential area, can then be undermined and subterfuged by a private equity firm,” said Nick Von Der Wense, who lives across the street from the project site. “If we settle, we are essentially giving up our right as a town to object to powerful entities like private equity.”

Greg Taylor, who also lives across the street, remarked that crews working on the project had plowed directly onto his lawn, causing $2,000 in damage.

“They seem to exhibit a lack of care and disregard for the safety of their patients and the neighbors,” he said.

First Selectwoman Brenda Kupchick said she would work to set up a town hall-style meeting for residents once the settlement was finalized. Newport Academy CEO Joseph Procopio is also willing to meet with the neighbors and discuss their concerns, according to Baldwin.