Greenwich Reform Synagogue, Town At Crossroads of Lawsuit Settlment

It appears the end is near to a federal lawsuit filed by Greenwich Reform Synagogue after the Greenwich Zoning Board of Appeals (ZBA) defaulted in a vote to approve construction of a proposed synagogue in Cos Cob in June.

On Thursday morning, the Greenwich Board of Selectmen approved one paragraph contained in the proposed settlement that’s scheduled to be voted upon by the ZBA later Thursday at a special meeting scheduled for 7 o’clock.

The synagogue has been seeking approval to build a 12,000 square foot house of worship at 92 Orchard St. since 2012. The Planning and Zoning Commission voted animously to approve the $6 million project in June. A week later, the ZBA failed to have a majority vote for two separate motions — one to approve the plan, a second to deny the plan. Those failures translated into a denial to permit construction.

In July, the synagogue filed a federal lawsuit against the ZBA and the town, claiming religious discrimination.

Since the plan was first unveiled in 2012, neighbors on Orchard Street, Valley, Grove and Valleywood roads have protested, claiming the synagogue is not in keeping with the residential nature of the neighborhood and would mitigate traffic issues in an area filled with pedestrian traffic because of nearby schools. The synagogue has scaled back the proposed size of its building from 20,000 square feet to 12,000 square feet.

During an hourlong discussion during the selectmen’s meeting, Town Attorney Wayne Fox said that the lawsuit would be settled if both the selectmen and ZBA voted to approve. After discussion on the wording of the one paragraph that essentially gives the synagogue the right to return to federal court if it believes the town’s permitting and review process isn’t timely, the selectmen approved it. The settlement would allow the synagogue to proceed with the permitting process leading to construction, Fox said.

The vote initially was 2-1 with Selectman Dave Theis, a vocal opponent to the synagogue plan, opposing. He later said he recused himself, however, another vote wasn’t taken. It was not immediately clear whether the vote tally remained at 2-1 or was changed to reflect Theis’s recusal. Regardless, the board’s vote was affirmative.

One resident, Sarah Littman objected to the settlement proposal being brought before the ZBA Thursday night. She said she had a petition signed by at least 26 residents who are parents of Cos Cob School students who previously arranged to attend the school’s Thursday night open house. “This is denying our rights to be heard,” Littman said. She asked the selectmen to reschedule the meeting or urge the ZBA to reschedule.

First Selectman Peter Tesei said that while he understood scheduling could’ve been handled better, the board doesn’t have the authority to mandate a schedule change. Theis made a motion to ask the ZBA to reschedule, however, it failed when neither Tesei or Selectman Drew Marzullo voted to second it.

Afterwards, Littman said she planned to attend the ZBA meeting to vigorously oppose any votes Thursday night.

Patch will update developments of this story when they become available.

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Photo: The Greenwich Board of Selectmen listen to Cos Cob resident John Timm Oct. 2, 2014 about the proposed settlement of the Greenwich Reform Synagogue’s lawsuit. Credit: Barbara Heins.