Greenwich ZBA Approves Settlement of Synagogue's Lawsuit

The Greenwich Zoning Board of Appeals (ZBA) unanimously approved a settlement of a federal religious rights lawsuit filed by the Greenwich Reform Synagogue (GRS) that will allow the congregation’s plan to build a synagogue in residential Cos Cob neighborhood to move forward.

The Thursday night vote came after a somewhat contentious Town Hall meeting in which residents of the Orchard Street neighborhood reiterated concerns about the impact the 12,000 square foot facility at 92 Orchard St. would have in the area. “It’s not that we don’t want development,” Orchard Street resident Drika Constantino said during a recess of the 2 hour-plus meeting. “It could be a supermarket or a mosque. It is out of scale with the residential nature of the neighborhood.”

Before its vote before nearly 60 residents and synagogue members, the five-member ZBA held an hour-long executive session with town and synagogue lawyers to discuss the proposed settlement.

When the public meeting began about 7 p.m., resident Sarah Darer Littman presented a petition she said was signed by three dozen residents who could not attend the meeting because they were at the Cos Cob School open house. Littman said the residents wanted “their due process” to speak. Other residents, including Representative Town Meeting member Christopher vonKeyserling, questioned the necessity of taking the vote on Thursday rather than delaying it a week so the parents could be heard.

While not explaining the need for an immediate vote Chairwoman Patricia Kirkpatrick said, “We have heard hours and hours of testimony months ago. I don’t believe personally, that due diligence has not been done. … Postponing this another week, asking everyone to come out, hearing another 40 people, I don’t know that it changes it other than they have expressed their opinion.”

After the ZBA’s tie vote in July on whether to grant a special exception and allow construction of the synagogue, the congregation’s members filed a lawsuit claiming religious discrimination.

The settlement will allow the plan to be presented to the Planning and Zoning Commission later this month for final site plan approval, synagogue co-president Wendy Schreiber said after the vote.

“I am very moved. This was a very long, exhausting battle. I must say the parties handled themselves in an amicable fashion,” Schreiber said. She said the building will fit into the character of the neighborhood. “I hope the neighbors will see us as a positive addition to the neighborhood.” She added, the vote was of historic proportion. “This will be only the second synagogue built in Greenwich in 400 years.”

Littman, who still has a lawsuit pending against the Planning and Zoning Commission challenging that agency’s preliminary approval of the plan, said she was “not surprised” by the ZBA’s settlement of the lawsuit. She declined to comment further.

The settlement agreement was described as addressing several of the neighbors’ concerns regarding construction, size of the facility, capacity of the facility, events to be held there, traffic and parking, access to the site and landscaping.

Terms of the settlement include:

· Increase the number of parking spaces from 46 including 2 handicap spaces to 52 parking spaces including 2 handicap spaces;

· Shift the driveway from the southern portion of the property to the northern portion of the property; and

· Reduce the volume of the proposed building by approximately 2,100 cubic feet from the architectural plans dated April 22, 2014, previously submitted to the ZBA.

· No concurrent worship use of the Sanctuary and Social Hall.

· The capacity in the Social Hall will be limited to 138 people.

· Pre- and post-blasting inspections shall include monitoring of radon levels.

· During construction of the place of worship, a flagman will be present at the construction entrance to insure sidewalk safety during deliveries of materials and during school arrival and dismissal times.

· The Synagogue will employ a police officer during the high holy days.

· During high holy days, a shuttle bus will be provided to paring lots at the Greenwich Baptist Church and Central Middle School. Member of the Congregation, other than those who are elderly, will be directed to those parking lots.

· The Synagogue will support the neighbors’ request if made to the Board of Selectmen to install no parking signs on resident parking restriction on Orchard Street.

· The Synagogue’s parking lot will have four light zones and all parking lights shall be turned off at 10:00pm.

· Curtains on the North and South windows shall close automatically when interior lights are turned on.

· There will be no daycare facilities, nursery schools, preschools or outdoor camps on the property unless approvals for such uses are obtained.

· There will be no halfway houses or homeless shelters on the property.

· There will be no permanent exterior loudspeakers on the property.

· In the event a dumpster is used on the property, it will be picked up after 7:00am.

· No outdoor carnivals such as the annual events held at St.Roch’s St. Paul’s and St. Catherine’s.

The settlement Thursday night was the culmination of a seemingly daylong effort that began at the Board of Selectmen’s meeting Thursday morning. That board ultimately voted 2-0, with Selectman David Theis recusing himself because of his opposition to the construction plan.

The selectmen had to approve one stipulation of the agreement — that the permitting process would proceed in a timely manner.

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Photo: The Greenwich Zoning Board of Appeals Oct. 2, 2014. Credit: Barbara Heins.