Chabad, Cambridge Board of Zoning Appeals Schedule Mediation Resolution Hearing

The long-running legal dispute between Harvard Chabad and the Cambridge Board of Zoning Appeal has entered a new phase as both parties prepare for an alternative dispute resolution hearing scheduled for Feb. 12.

Instead of attending a trial, Chabad and the BZA will work together with a mediator to resolve their ongoing dispute over Chabad’s expansion plans.

Rabbi Hirschy Zarchi declined to comment on the agreement to move to mediation, which came in November, citing the confidential nature of the case.

Chabad — a campus Jewish student organization — submitted a variance to dramatically expand its headquarters beyond zoning regulations in March of 2024. Chabad affiliates argued that the expansion is needed to accommodate its growing congregation who attend religious services and community events.

But the BZA rejected Chabad’s plans in June 2024, citing the size of the expansion and potential disruptions from traffic and noise.

In response, Chabad filed a lawsuit in U.S. District Court, accusing the BZA of religious discrimination and violation of the Religious Land Use and Institutionalized Persons Act, a federal law designed to prevent local zoning regulations from unfairly restricting religious organizations.

The complaint alleged the board had treated Chabad differently from other religious or institutional organizations seeking variances and suggested that antisemitism played a role in the rejection.

Both parties agreed in November to ask for mediation in an effort to reach a settlement without prolonged litigation.

Now, the parties are set to appear before Magistrate Judge M. Page Kelley in a Feb. 2 alternative dispute resolution conference.

According to court filings, both parties were required to submit confidential mediation memorandum outlining their positions by Jan. 30. A notice on the same day also shifted the mediation process from a virtual to an in-person hearing hearing.

The hearing will involve direct negotiations between Chabad representatives, their legal counsel, and city officials. If the mediator fails to produce a mutually agreeable resolution, the lawsuit could proceed to trial.

— Staff Writer Julia A. Karabolli can be reached at julia.karabolli@thecrimson.com.