Portsmouth, NH - The redevelopment project planned for the Christ Episcopal Church property on Lafayette Road in Portsmouth has cleared a major hurdle with the settlement of the Episcopal Church of New Hampshire’s lawsuit against TD Bank.

A partnership between Christ Church, the Episcopal diocese, Portsmouth Housing Authority (PHA), and HAVEN—a nonprofit providing support and prevention services to those impacted by sexual and domestic violence—the project was launched in early January 2024 to further the church’s mission to serve the community, while ensuring its viability. The plan calls for the construction of 44 affordable housing units, a new headquarters and transitional housing units for HAVEN, and an onsite childcare center, along with a new flexible worship space appropriately sized for the congregation. It was heartily endorsed by the community and approved by the Portsmouth Planning Board last August. Given the complexities of the title, a waiver was required by TD Bank, Trustee of the John Elwyn Stone Trust, for the project to proceed.

Stone, a longtime Portsmouth resident and descendant of New Hampshire’s first governor, John Langdon, donated the nearly three-and-a-half-acre property to the diocese in 1964 for it to rebuild Christ Church following a fire. In the deed, he stipulated that the continued use of the property must be for “ecclesiastical purposes.” Based on their interpretation of this condition, and the agreements between Stone and the church, the bank didn’t feel it could sign the waiver.

In the court filing, the diocese argued that the proposed uses of the property are indeed ecclesiastical, and that by denying the waiver, the bank was violating the Fair Housing Act. The filing included a letter from New Hampshire Bishop Rob Hirschfeld, who asserted that the multiple purposes of the project are “clear and direct fulfillment of our religious commitments expressed by Jesus Christ, whose teachings, recorded in the Gospels, urge his disciples to care and provide for those in need.”

Having gathered new information, and with the scope of the waiver narrowed, TD Bank has now consented to a waiver that will allow the project to advance. “We are grateful to be freed by this agreement to pursue the vision we deeply believe God has called us to pursue,” said Hirschfeld. “Caring for children, comforting and encouraging survivors of violence, and providing much-needed housing are all Gospel imperatives. And I am delighted that Christ Church will have a new neighborhood in which to worship and serve.”

Other project leaders, including PHA Executive Director Craig Welch and HAVEN Executive Director Kathy Beebe, are equally relieved to be moving forward. While the existing childcare center, Little Blessings, is unfortunately closing, the group is actively seeking a partner to continue this integral part of the mission onsite.

“The PHA is resolved to continue fighting for the people in our community who are desperate for affordable housing options,” said Welch “We are pleased with the settlement, but unfortunately, the actions of the current administration have created significant new risks that were not present when we paused this project last year. The positive resolution of the lawsuit bolsters our resolve to complete this project, but like thousands of other housing projects around the country, our job is much harder than it was last fall.” Despite these concerns, Welch says the PHA is “fortunate to have such strong support for our work here in Portsmouth.”

This is also good news for HAVEN as it seeks to expand the services it offers, says Beebe. “We are grateful for the Episcopal diocese and PHA for their unwavering commitment to the project throughout this legal process. HAVEN and all the collaborative partners remain dedicated to this important project and hope the community will join with us to seeing it come to fruition.”

 

The partners plan to break ground in the fall. The design phase is underway; Lassel Architects of South Berwick, Maine is working with the PHA and JSA Architects of Portsmouth is working with HAVEN. Barring unforeseen circumstances, the project is expected to be completed and open in 2027.