Next step in land-use application dispute to be determined

By Cindy Mindell

Chabad of Northwest CT purchased this
Litchfield building six years ago.

LITCHFIELD – For nearly six years, Chabad of Northwest Connecticut has tried to move into the building it owns on the Litchfield green. The road has been bumpy, to say the least, with an ongoing lawsuit centered on appropriate use of the historic property. Chabad’s most recent appeal is pending in federal court.
Chabad is currently renting space in the Village Green Plaza, a property under consideration for a new Stop & Shop supermarket. If the Stop & Shop project is approved, Chabad would be required to vacate the premises. Last week, Chabad filed a special-exception application with the Town of Litchfield Planning & Zoning Commission, requesting permission to move into the Litchfield green property at 85 West St.
Led by Rabbi Joseph and Mina Eisenbach, Chabad has maintained a presence in Litchfield since 1996, and purchased the former retail shop at 85 West St. in 2005. Plans to renovate and expand the 2,500-square-foot building were denied in 2007 by the Historic District Commission that oversees the Borough of Litchfield, a one-square-mile district in the center of town that comprises the West Street property. Chabad sued the commission, citing violation of the Religious Land Use and Institutionalized Persons Act, the Connecticut Religious Freedom Act, and several provisions of the U.S. and State Constitutions. In February 2012, a federal judge dismissed the lawsuit, and Chabad filed an appeal to the decision in the U.S. Court of Appeals for the Second Circuit in New York City.
In the meantime, in order to move into the West Street building, even without implementing renovations, Chabad must obtain a Certificate of Occupancy from the town. Chabad is scheduled to present its application at a Planning & Zoning Commission public hearing on Apr. 15. To complicate matters, Chabad must also appear before the Historic District Commission in order to gain occupancy. That hearing is scheduled for Mar. 21, after the Ledger goes to press.
Until the federal case is decided, there are no plans to alter the exterior of the building, according to Chabad’s attorney, Rick Nelson. If allowed to occupy the building, the Eisenbachs would make minor alterations to the interior and use the space for a limited number of activities.
“The Litchfield officials will decide whether Chabad can even enter the building,” Nelson says. “Our hope is that, one day, the opposition will cease and Chabad will be allowed to serve the community in the fullness of its mission.”

Comments? email cindym@jewishledger.com.