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    Saturday, May 11, 2024

    Norwich Diocese, city attorneys talk settlement on soup kitchen issues

    Norwich - Attorneys for the city and the Diocese of Norwich are engaged in settlement conference calls with a federal judge concerning St. Vincent de Paul Place's attempt to overturn the city's denial of permits for the soup kitchen's move to the former St. Joseph School on Cliff Street.

    U.S. District Court Judge Joan G. Margolis is mediating conference calls between attorneys from the city and the diocese. Two settlement conference calls have been held to date, and a third is scheduled for 9:30 a.m. Friday, according to the federal court docket.

    The diocese has filed three appeals of the city's denial of the planning and zoning permits needed to move the St. Vincent de Paul Place soup kitchen from its previous location in the former city train station behind Main Street to the former St. Joseph School. The facility first was given a six-month temporary permit to relocate in July 2012, but that November, the diocese applied for permanent relocation.

    With strong opposition by residents in the Cliff Street neighborhood, the Commission on the City Plan and later the Zoning Board of Appeals denied permits. The diocese appealed both those cases and also appealed Zoning Enforcement Officer Tianne Curtis' notice of violation issued to the facility after the planning commission permit denial.

    The soup kitchen continues to operate at the former school - serving meals, running a food pantry and offering related social services to clients - after the city agreed to delay enforcement while the appeals are pending.

    According to the federal court docket, Judge Warren W. Eginton agreed to delay court proceedings "pending further settlement discussions."

    The docket provided no details of the conference call sessions, but minutes filed with the court - not available to the public - revealed that the first session on Nov. 22 lasted 45 minutes and a second session on Dec. 20 lasted 15 minutes.

    Attorney Timothy Bates, who represents the diocese, said he could not comment on the settlement discussions.

    "All these cases do get at some point referred to a magistrate," Bates said. "We're having some discussions. Whether they'll amount to something or not is really to be seen. In terms of what's happening within those discussions or whether progress is being made, I really can't comment."

    Norwich's attorney, Michael Zizka, could not be reached for comment.

    City Manager Alan Bergren said he too could not comment on the settlement discussions. He said the city's attorney is handling the talks, but if any proposed settlement is reached, it would have to be brought to city officials for approval. The City Council has discussed the case in executive session at recent meetings.

    "I think the judge obviously would like the parties to reach a settlement," Bergren said.

    Residents Brian Kobylarz and Mark Gagne, both of whom have strongly opposed the relocation of the soup kitchen to the neighborhood, said they are aware that settlement talks are going on, but the residents have not been informed of any details. Both said they are concerned that the city might reach an agreement that would allow the soup kitchen to remain at the former school.

    "We know what's going on, but we just don't know much about what's going on," said Gagne, owner of Gagne-Cummings Funeral Home at 82 Cliff St. "If it's successful, it might mean somebody's caving in."

    Kobylarz said residents have heard rumors about the possible alternative that St. Vincent would move to a new location, but again have no real information. He said the diocese also has not kept its pledge to sit down with the neighbors to discuss other future uses for the former school.

    "It's unfortunate because we are the people who are most affected by it," Kobylarz said. "I'm hopeful that they are all going to stay with the intent of the (city plan of development) and the people who have listened to all the evidence and made the decision."

    c.bessette@theday.com

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