Pubdate: Thu, 28 Mar 2013 Source: Register Citizen (CT) Copyright: 2013 Register Citizen Contact: http://www.registercitizen.com Details: http://www.mapinc.org/media/598 Author: Tom Cleary and Kate Hartman Page: A1 RESTRICTION REMOVED FOR METHADONE CLINIC TORRINGTON - A zoning amendment unanimously approved by the city's Planning and Zoning Commission Wednesday night could resurrect a proposed methadone clinic and settle a federal lawsuit filed against the city by the company pushing for it to be built. U.S. Attorney David B. Fein sent a letter to attorneys representing the City of Torrington and its planning and zoning commission last week informing them that his office has opened an investigation into a discrimination claim filed by the Hartford Dispensary, the company seeking to open a methadone clinic in Torrington. Fein also urged the city to amend the overlay zone regulation. After a lengthy executive session, the commission voted to remove substance abuse and mental health facilities from an overlay zone adopted in April 2012 that restricted where certain facilities could be opened. The "ASM" zone also restricted alternate incarceration facilities and medical marijuana dispensaries. A discussion on the amendment change was held in executive session, because of pending legal issues. The zone was put in place after the controversial proposal to open a methadone clinic at 241 Kennedy Dr. was put forth by the Hartford Dispensary, which runs nine medical facilities to treat opiate addiction around Connecticut, Regulations in the zone also make it more difficult for those facilities to open in the areas approved by the city. After re-applying under the newly created zone, the dispensary's proposal was rejected by the Planning and Zoning Commission in November by a 4-1 vote. The commission cited several issues, including lack of adequate parking and its close proximity to children. In a federal lawsuit filed in January, Hartford Dispensary's attorney Diane Whitney, of Pullman & Comley, argued that the city's "ASM" overlay zone was in violation of the Americans with Disabilities Act. She said Wednesday that Fein informed the city the amendment was in fact in violation of the ADA act. Earlier Wednesday, Whitney said her clients were willing to settle the lawsuit, if the amendment was changed. "If they were to take out those two categories, I think (the regulation) would be fine," Whitney said. "You can leave in the regulation alternative incarceration and medical marijuana because those are not protected by ADA. "So far the city is completely unwilling to change the regulation," she said, prior to Wednesday night's vote. "I'm hoping that it settles. I'm perplexed that Torrington is not understanding that their regulation is facially discriminatory. I understand that the U.S. Attorney's office has told them that." Michael Rose, an attorney with the Rose Kallor law firm in Hartford who represents the city in a federal lawsuit on the same discrimination claim, said Wednesday that the investigation by the U.S. Attorney's office is a civil matter, not a criminal one. "(The dispensary) didn't get what it wanted with the zoning commission, so they decided to try to exert a little additional pressure by contacting the U.S. Attorney," Rose said. "They are trying to pressure us into giving (the) dispensary what they want." Hartford Dispensary's attorney, Diane Whitney of Pullman & Comley LLC, said she doesn't know if a formal complaint was filed, but said the U.S. Attorney's office has known about the dispensary case for some time. "As wonderful as a law firm as Pullman & Comley is, we can't force the U.S. Attorney's office to do anything," Whitney said Wednesday. A spokesman for Fein said he couldn't yet comment on the investigation when contacted Wednesday. Rose said the letter essentially said Fein's office is opening a file on the case, but will not be proceeding with the investigation because they hope the dispute can be resolved through a settlement. The city's attorney said he is "always" willing to work with the Hartford Dispensary to reach a resolution, but "will not do it in such a way that we have the zoning decisions subverted, such as legal pressure." In the federal lawsuit, Hartford Dispensary claimed that the city discriminated against the company and persons with disabilities by requiring them to file a zoning application under the recently created overlay zone. But the city claims there are still problems with the proposed site. Rose said there is a "terrible parking situation" at the Kennedy Drive site, which was formerly used by the Boy Scouts of America. He said there are 14 parking spots, and six to eight of those will be used by staff. There will be as many as 150 people using the dispensary each morning, he said. "If we could make an arrangement (with the dispensary) for an alternative spot that would be wonderful," Rose said. "If the dispensary is interested in an alternative spot that works, in terms of parking, then that's fine. But this spot does not work." Whitney said Hartford Dispensary has found a new location, but isn't sure if it would be approved under the regulation guidelines put on methadone clinics by the city. The two sides last met in early March to discuss the federal lawsuit, which is set to be heard by Chief U.S. District Judge Alvin W. Thompson in Hartford. At the time, the two sides indicated that they are open to settlement talks, but were far apart on possible trial dates. The city said the case should be ready for trial in September 2014, while Whitney, representing the dispensary, said the trial should begin in October 2013. Whitney said they also met in Litchfield Judicial District court with Judge John W. Pickard to discuss a state lawsuit that has also been filed by the dispensary. That lawsuit is an appeal of the zoning commission's decision. Rose and Whitney couldn't be reached for comment following Wednesday night's vote. - --- MAP posted-by: Matt