STRATFORD -- About 15 men at an East Broadway halfway house will be able to resume daily 12-step meetings in a new barn on the property.
That's the upshot of a decision by the Board of Zoning Appeals Tuesday night, but conditions attached to the approval for the Harry Rosen House at 859 East Broadway render the decision largely meaningless, according to a lawyer for the halfway house.
A court challenge to the BZA ruling is being considered, added the lawyer, Jack Colleran.
While the BZA overruled Zoning Enforcement Officer John Rusatsky, who last year classified a rebuilt barn on the property for use as a "storage-only" structure, where meetings are not permitted, the board's latest decision includes a condition that allows only occupants of the halfway house to attend the recovery meetings.
"While we are very pleased the board reversed the zoning enforcement officer's decision, we are extremely disappointed a condition was added that limits only meetings to only occupants of the home," Colleran said Wednesday.
"Those who attend 12-step meetings have outside sponsors who go along with them, which is a crucial aspect of the program," Colleran said. "Also, special speakers are often brought in to speak to the home's residents that is a vital aspect of their recovery."
Colleran, who indicated last week that the men have been forced to hold daily 12-step meetings in the backyard, said he would be "evaluating over the next few days what further action we will take."
Colleran said prior to the decision that if the BZA denied the application, he would file an appeal in U.S. District Court in New Haven.
Planning and Zoning Enforcement Officer Gary Lorentson said he believes the panel made a fair decision.
"This allows the barn to be used for the meetings, up until 9 p.m. seven days a week, but restricts the use to occupants of the house," Lorentson said. "We believe we were able to meet federal mandates and at the same time protect neighbors who live near the property."
A carriage house on the site, which had been used for the meetings, burned down more than a year ago and neighbors complained during the public hearing that the new barn is too close to their properties.
Special town counsel John Florek advised BZA members Tuesday that they could approve the barn's use for meetings, but impose reasonable restrictions.
But Colleran said under the federal Fair Housing Act of 1968 and the Americans with Disabilities Act of 1988, the town must make the barn available for the 12-step meetings.
"There has been extreme hardship placed on the people who live in the home trying so hard to stay on the right path who need a place to hold their daily meetings, which is a crucial aspect of the 12-step program," he said. Florek said the issue could not be considered by the Zoning Commission as a special exception application, and had to be decided by the BZA.
"It is not a hospital, medical facility or treatment facility and is therefore not a special-case application as zoning officials believed," he said.
Florek said the two federal mandates "clearly take precedence over any local zoning regulations and restrictions" in regard to the application.
Copyright 2008 MediaNews Group, Inc. All Rights Reserved