Norwich – A proposed settlement between the city and the St. Vincent de Paul Place soup kitchen to end three federal lawsuits would allow the facility to continue operating at the former St. Joseph School with its soup kitchen, food pantry, laundry and shower services.

A U.S. District judge would remain active in the case for three years to mediate any future disputes that could not be resolved at the local level, the proposed settlement stated.

The seven-page “Proposed Stipulation for Settlement” was released Wednesday and is available at the city planning office at 23 Union St. A public meeting of the Commission on the City Plan to explain the proposed settlement and to take public comment will be held Tuesday, Dec. 22. The commission is expected to vote on whether to approve the settlement that night, Director Planning Peter Davis said Wednesday.

Attorney Michael Zizka, who represented the city throughout the dispute, said Wednesday he would use the early part of the meeting to explain in detail the proposed settlement and the history of the dispute and the settlement talks at the U.S. District Court in New Haven. He said while there is no court-ordered deadline for a vote to approve the settlement, he anticipates a vote on Dec. 22.

There also is no requirement for public comment, Zizka said, but city officials and the commission want to hear questions any concerns from the public.

Attorney Brian Smith representing St. Vincent said he too would be speaking at the Dec. 22 meeting, and other diocese representatives would attend. Smith reserved substantive comment until that meeting.

“We look forward to the upcoming meeting with the Commission on the City Plan,” Smith said.

The settlement would end a three-year legal battle between the city and the soup kitchen run by the Diocese of Norwich that resulted in three federal lawsuits challenging the city's denial of planning and zoning permits for the facility.

The soup kitchen initially was allowed to move temporarily into the former Catholic grammar school at 120 Cliff St. in July 2012. But when the facility sought permits to remain permanently at the school and to expand services, both the Commission on the City Plan and the Zoning Board of Appeals denied permits citing numerous complaints from neighbors that activities were detrimental to the residential neighborhood.

Residents complained of trespassing, littering, foul language allegedly from soup kitchen patrons and even defecating on one lawn.

Brian Kobylarz, who has led the neighborhood opposition to the soup kitchen relocation, said the proposed settlement is "extremely flawed," based on city documents and testimony that has been delivered through all the different hearings.

Kobylarz plans to attend the meeting and raise questions and said some of the issues need to be addressed by city officials even before the meeting, because "it affects the future of this entire neighborhood," calling it the closest neighborhood to the commercial downtown.

Outside St. Vincent during the busy lunch hour Wednesday, several patrons welcomed news of the proposed settlement, saying the facility is desperately needed. Patrons described being out of work for lengthy time periods, extensive medical expenses, mental health needs, and children in need of meals and groceries from the food pantry.

"The soup kitchen to me is a place of refuge and a godsend," said patron Brian Mondesire. "Without the soup kitchen, there would be a lot of despair in the community for blacks, whites, Hispanics and people of all creeds."

The settlement calls for the Commission on the City Plan special permit request to become the “main case” and stipulates that the commission would have to approve the permit for all activities that had been run at the former soup kitchen site at 10 Railroad Ave. in Norwich – including the soup kitchen Monday through Saturday, a food pantry three days a week, showers and laundry for patrons, counseling, classes and prayer sessions.

All of those activities are being done at the former school, according to an annual report provided to The Day by St. Vincent de Paul Place for the 2014-15 fiscal year.

The facility would need a new permit from the city if it wished to expand operations, the document stated. The settlement covers use of the basement and first floor that are being used, and St. Vincent reserves the right to “continue or re-establish the historic school use for the remainder of the space.”

One full page of the settlement is devoted to potential enforcement to resolve “public concerns,” listed as “traffic congestion, excessive noise, vandalism, trespassing, physical confrontations or similar risks to public safety or welfare in the neighborhood.”

The settlement defines the neighborhood as the area within a 450-foot radius of 120 Cliff St., excluding the Oak Street Cemetery. Neighbors have complained about vandalism and drug activity in the cemetery, but Davis, the planning director, said the city could not exclude specific residents from eating meals or walking through the city-owned cemetery.

“It's a public place,” Davis said. “We can't prohibit a certain class of people from using a public place.”

If complaints arise, or if the zoning enforcement officer has evidence of zoning violations, the city would contact St. Vincent and “work together to establish protocols or changes in modes of operation to eliminate such Public Concerns.”

The zoning officer would handle concerns related to the so-called ancillary uses, such as classes, mail delivery services for patrons, clothing and home goods exchanges, while the Commission on the City Plan would become involved with concerns relating to the special permit to operate the soup kitchen, food pantry and some related activities.

During the disputed period, issues regarding building upgrades and the lack of handicapped accessibility also arose. The settlement states that creating handicapped accessibility might require a zoning variance from the ZBA to meet regulations for property line distances, and that the board should consider the need for handicapped access to be a hardship and the close proximity to the property line as “hardships” eligible for a variance.

St. Vincent attorney Smith said there is no time schedule for applying for permits for renovations, but that would be done if the settlement is approved by the parties.

Zizka said St. Vincent would have to follow all building regulations with regard to required renovations.

c.bessette@theday.com

Twitter: @Bessettetheday

What: Special meeting of Commission on the City Plan to explain settlement between city of Norwich and St. Vincent de Paul Place and receive public comment:

When: Tuesday, Dec. 22, 7 p.m.

Where: Council Chambers, Norwich City Hall, 100 Broadway.