Proposed Norwalk Mosque settlement would allow plan to go ahead

Updated: 5:55 p.m.

NORWALK, Conn. – A minaret will tower quietly over a Norwalk neighborhood, according to a settlement worked out by city officials, lawyers and the Al Madany Islamic Center.

Pending votes by the Common Council and Zoning Commission, the city will allow the mosque to be built at 127 Fillow St., and the plaintiffs in the case will be paid $100,000, under the terms set forth in an email sent Tuesday afternoon to city officials.

The Common Council will be asked to consent to the financial payout as laid out by Thomas R. Gerarde of Howd and Ludorf LLC of Hartford, who is representing the city. The matter will then return to the Zoning Commission for a vote on the final terms of the agreement.

There are questions as to whether the city will go along with the agreement. Gerarde complains in his email of communication lines breaking down, saying the city has not responded to his last three emails. He said he had been told that the city did not have a settlement to discuss. “This is not factually correct,” he said.

The proposal by the Al Madany Islamic Center to build a mosque at 127 Fillow St. has been fought vigorously by the Stonegate Condominium Association and other area residents. The proposal was denied by the Zoning Commission on June 6. Al Madany Islamic Center then retained Storzer and Greene, PLLC, a law firm with offices in New York and Washington, and filed the suit in U.S. District Court. The suit alleged violations of the First and 14th amendments, the federal Religious Land Use and Institutionalized Persons Act and Connecticut’s Religious Freedom Act. The suit also challenged the city’s zoning regulations.

Under the terms laid out in the email, the mosque proposal will be approved with these stipulations:

• “No parking” signs will be posted on Fillow Street
• If more than 435 people are expected at the mosque, a shuttle will run back and forth to the Maritime Garage municipal parking lot or another city-owned lot, at the center’s expense.
• The center will hire police officers to handle traffic and enforce parking regulations on its two high holy days, Eid-ul-Fitr and Eid-ul-Adha. It will hold additional services if it expects attendance to exceed seating capacity.
• There will be more landscaping to screen the facility than originally planned
• People will not shout from the minaret. There will be no amplified sound from the minaret.

Connecticut Interlocal Risk Management Agency (CIRMA) will pay $100,000 to Al Madany Islamic Center to cover its legal costs.

On Nov. 29, the Zoning Commission voted 6-1 to approve the following resolution: “Subject to an agreement on the terms and conditions of the final settlement agreement, we consent to a resolution to allow for zoning approval for the mosque and accessory use building.”

Al Madany Spokesman Farhan Memon confirmed the details of the email, saying the information is accurate. He said, “We encourage the city council to ratify this settlement.

Gerarde refused to comment, citing attorney/client privilege.

Moccia did not return a request for comment.

Non binding term sheet