EAST LYME, CT — The East Lyme Planning Commission voted unanimously Oct. 13 to oppose a proposal to rezone part of Black Point Road from commercial to residential use, citing concerns about the loss of land available for businesses.
Commissioners also recommended changes to proposed data center regulations, questioned provisions of a mixed-use development proposal and voted to send a six-lot subdivision application on Holmes Road to a public hearing.
All four actions were approved 6-0.
The commission voted 6-0 to find a proposed zoning change affecting the northern portion of Black Point Road inconsistent with the town's Plan of Conservation and Development.
The proposal, submitted by the East Lyme Zoning Commission, would change the area's designation from CA Commercial to R-10 Residential.
Commissioners discussed the proposal in connection with recent state housing legislation allowing certain commercial buildings to be converted to residential use.
The minutes indicate that town officials were concerned property owners could convert commercial space into apartments or increase the number of residential units.
Commissioners acknowledged that existing uses in the affected area are largely residential, but expressed concern that rezoning would permanently remove land from East Lyme's already limited commercial inventory.
Commissioner Michelle Maitland moved to find the proposal inconsistent with the town's development plan, citing provisions concerning efficient land use and preservation of commercial areas.
Rich Gordon seconded the motion, which passed 6-0.
The Zoning Commission had scheduled a public hearing on the proposal for Oct. 15.
The Planning Commission's finding is advisory and does not itself change the zoning designation.
The commission also voted 6-0 to recommend changes to proposed regulations governing data centers.
The Zoning Commission's proposal would add Section 20.2.4 and related definitions to the town's zoning regulations.
Commissioners agreed that the proposal should more clearly distinguish among different sizes, types and uses of data centers.
Maitland said data centers range from smaller facilities serving individual organizations to large hyperscale operations. She questioned whether regulations intended to restrict large facilities should also prevent smaller installations.
Commissioner Tim LaDucer raised concerns about environmental impacts, particularly in areas containing protected water resources.
Planning Director Gary Goeschel II reviewed the proposal's relationship to the town's development plan, including policies concerning water supplies, aquifers, sewers and energy.
He suggested that restrictions on accessory data centers were overly broad and should include thresholds and exemptions.
Vice Chairman Nick Menapace also called for greater specificity in the proposed definitions.
LaDucer moved to find the proposal consistent with the development plan if the definitions were clarified to address the size, scale and use of data centers.
Gordon seconded the motion, which passed 6-0.
The minutes state that no specific data center location has been proposed in East Lyme.
Commissioners voted 6-0 to find portions of a proposed mixed-use development regulation consistent with the town's development plan while opposing two other provisions.
The application, submitted by Michaud Development Group LLC, seeks changes to Section 25.5 of the zoning regulations governing mixed-use developments.
Commissioners supported proposed provisions concerning building frontage, landscaping and screening.
However, they objected to allowing the required 30 percent commercial floor area to apply only to a building facing the street while permitting separate residential buildings elsewhere in a development.
The commission recommended applying the commercial floor area requirement to the development as a whole.
Members also opposed allowing private septic systems and water supplies in the CB zone without limitations.
Commissioners discussed wastewater disposal, nitrogen loading and the absence of municipal sewer service along portions of Pennsylvania Avenue.
The commission recommended permitting alternative wastewater systems only when the Water and Sewer Commission certifies that municipal sewer service is unavailable, subject to approval by Ledge Light Health District or the Connecticut Department of Energy and Environmental Protection.
Gordon made the motion, which Nina Franco seconded. It passed 6-0.
No public hearing date had been established for the proposal.
The commission voted 6-0 to find a proposed zoning amendment from 283 BPR LLC consistent with the town's development plan.
The application concerns regulations for multistory, multifamily housing for older residents under Section 202.
According to the minutes, the applicant is pursuing a multifamily development at 283 Flanders Road.
The proposed change would allow 25 percent of the units to be rented or sold without age restrictions.
Commissioners discussed the proposal's effect on the development's marketability and noted that some questions could require zoning or legal review rather than planning review.
Gordon moved to find the amendment consistent with the development plan. Franco seconded, and the motion passed 6-0.
A Zoning Commission public hearing was scheduled for Nov. 5.
The commission voted 5-0, with Franco abstaining, to find a proposed zoning amendment allowing ground-mounted solar energy systems in any district inconsistent with the town's development plan.
The application was submitted by St. John's Episcopal Church.
Commissioners questioned whether ground-mounted solar installations would be an appropriate use of land in downtown areas.
Members also discussed maintenance concerns and alternatives such as placing solar panels on buildings, parking structures or covered walkways.
LaDucer moved to find the proposal inconsistent with the development plan. Maitland seconded.
The motion passed 5-0-1.
The Zoning Commission had not yet scheduled a public hearing.
The commission unanimously voted to hold a public hearing on a proposed six-lot subdivision on approximately 12.67 acres along Holmes Road.
The application was submitted by engineer Kristen Clarke on behalf of property owner Duval Partners LLC.
The property is located on the south side of Holmes Road, between 20 and 38 Holmes Road, and is zoned RU-80.
Commissioner Tom Fitting moved to send the application to a public hearing, saying it was in the public interest.
Gordon seconded the motion, which passed 6-0.
The application was received Oct. 13. No hearing date was specified in the minutes.
Commissioners also unanimously approved a request from EG Homes to reduce a subdivision improvement bond by $1,670,060.
Goeschel reported that the developer had originally posted a bond totaling $1,853,102.
He said the requested reduction reflected improvements already completed and that the town engineer supported the release.
The remaining bond would total $183,042, which Goeschel said would be sufficient to cover outstanding work.
Maitland moved to approve the reduction, LaDucer seconded, and the motion passed 6-0.
Goeschel also reported progress at the Farm Meadows subdivision.
He said asphalt had been installed, the cul-de-sac had been seeded and stabilized, and a maintenance agreement for the fire cistern was under review.
The town was awaiting comments from its attorney before a request to accept the subdivision's public improvements.
Commissioners also continued reviewing possible revisions to subdivision regulations concerning water and sewer infrastructure, underground utilities, open space and application procedures.
The commission approved three sets of Sept. 15 meeting minutes by votes of 5-0-1, with Maitland abstaining each time.
Chairman Brian Bohmbach was absent. Menapace presided over the meeting, which was held at 108 Pennsylvania Ave. and adjourned at 8:44 p.m.
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