The Corner Report

DePretis's attorneys are preparing civil rights lawsuits against the town and individuals

By Gale Courey Toensing

SHARON, Conn. _ An application has been submitted to the Planning & Zoning Commission for a luxury drug and alcohol rehabilitation center on a Jackson Hill Road property that has been the center of controversy for almost two years.

[More:]

Te Planning & Zoning Commission will hold a public hearing on Nov.8 at 7:30 p.m. at Town Hall on an application submited by Vista Partners LLC of Westport, Conn., for a $3.5 million “wellness center” that includes new construction and renovation of the existing buildings on the 42-acre acre property owned by Bob DePretis and his wife.

DePretis said Friday he hopes the project will come to fruition, but, meanwhile, his lawyers are preparing lawsuits against the town and individuals for alleged civil rights violations for the way they opposed and defeated his 2005 proposal for luxury age-restricted condominiums.

“I have retained former judge Anne Draginis, who is with the firm of Roem McGuignan in Hartford and they are preparing lawsuits in regards to my losses and my civil rights being violated during this whole process. There will be several lawsuits, one will be against the town and others will be against individuals,” DePretis said. He declined to name the individuals.

The existing brick house used to be a retirement home.

The rehabilitation center application proposes to alter the existing two-and-a-half story brick building to include a reception hall, general administration office, a movie theater, conference room, family living suites, a lounge, acupuncture, nutritionist and physical therapist offices, restrooms, and mechanical and utility rooms. The building was operated as a retirement home by the DePretis’s for 20 years.

The application also proposes the construction of a new two-story building of 7,500-square-feet with a dining room, kitchen, and food storage areas, a chef’s office, 24 bedrooms, 24 bathrooms, eight counselors offices, two lounges, two small meeting rooms, one large conference room, two small conference rooms, an executive director’s office, and mechanical and utility areas.

Additionally, the project includes a proposal for a new 7,500-square-feet one-and-half story recreation building with an indoor swimming pool, exercise equipment and workout area, basketball/volleyball court, a running track and a computerized golf driving range.

An existing one-and-half story house would be converted into a chapel. A new one-story 500-square-foot gatehouse with a security office and bathroom would be constructed

The plan also includes additional parking, an outdoor swimming pool, the relocation of the tennis court, construction of a paddle tennis court, additional septic tanks and leach fields, and an upgrade of the driveway.

Vista could not be reached over the weekend. DePretis could not confirm or deny if Vista represents Mountainside Treatment Center, which has a nonprofit facility in Canaan. It is not clear whether the rehabilitation center, if approved, would pay property taxes to the town.

DePretis’s plan in 2005 to build 28 low density, high luxury age-restricted condominiums raised a storm of opposition from neighbors who organized a group to fight it. DePretis’s application was denied on two minor technicalities in October, 2005. During the process, the opposition group managed to get the P&Z commission to amend the town’s zoning regulations to ban multiply dwellings, so even if the commission had not denied the application “with prejudice,” DePretis could not resubmit an amended application.

One of the arguments his opponents used was that the town needed more affordable housing, not more upscale units. So after the plan for upscale condominiums was defeated, DePretis announced in April of this year that he was ready to move forward with a new $15 million to $20 million plan for a housing development of 42 buildings that would include 86 units, of which 30 percent or about 25 units, would meet the requirements for affordable housing. Because the town does not have a state-mandated 10 percent of affordable housing, the project would be exempt from local land use review.

Before the application for the affordable housing project was submitted, however, Vista took a six-month option to purchase the property. The option expires in February. DePretis declined to say on the record what the option price is.

When word that DePretis was preparing to submit a new affordable housing project spread through the community, the opposition began again, DePretis said.

“The situation is such that like me or hate me, I played by the rules and they didn’t, and the people that started the huge opposition will just continue to do it over and over to small people like myself, and they have to be stopped. I have the wherewithal and the evidence to do that, and I will pursue it till its end,” DePretis said.

DePretis said he is no longer angry about they way his neighbors treated him, but is determined to pursue justice.

“It can’t go on. What they did to us was totally illegal,” said DePretis, a retired policeman.

“There’s a lot of principle involved in this thing. These people can’t just form groups and put money together just because they have it and they don’t like what’s going on,” DePretis said.

The neighbors know about the drug and alcohol rehabilitation project because the developer has contacted them, and so far no one is objecting, DePretis said.

“It’s a beautiful place for what they have planned. They’ll be nothing like it in this area that I’m aware of. It would be a first class operation, not much different really from what we did for 20-something years here. We had a retirement home, we took care of people, we had a permit for 20 beds. We were up to 15, 16, 17 beds, so it’s not going to be a big difference,” DePretis said.

But if the rehab center is not approved, DePretis said he will submit either the affordable housing application or an application for an 18-lot subdivision. .

“If they somehow decide they want to screw up this deal too, I’ll be in the next day with my application or an 18 lot subdivision, but most likely affordable housing. I’d like to see the wellness center go through. I never did start off wanting to do the affordable housing. That was my last choice, but if this doesn’t go through, it becomes my first choice,” DePretis said.