East Lyme Zoning Commission Withdraws Black Point Road Rezoning Proposal After Residents Object

EAST LYME, CT — The East Lyme Zoning Commission unanimously withdrew a proposal to rezone commercial property along Black Point Road for residential use following objections from residents concerned about property values, development restrictions and potential increases in housing density.

The commission voted 6-0 at its Nov. 5 meeting to withdraw its application to change the CA Commercial district north of Black Point Road to R-10 Residential.

Commissioner Norman Peck, who originally suggested the change, moved to withdraw the application. Commissioner Debbie Jett-Harris seconded the motion.

Commissioners discussed public comments and the possibility of revising the proposal or creating a new zoning district to address the potential consequences of the change.

Residents Raise Concerns About Rezoning

During the public hearing, Peck explained that the proposal was intended to preserve the residential character of the area.

He said existing buildings would retain their status as preexisting, nonconforming uses if the zoning changed. New uses would be permitted if they were no more intensive than existing uses.

Several residents questioned whether changing the entire district was necessary.

Chris Manwaring, of Black Point Road, said he appreciated efforts to preserve the neighborhood but asked whether regulations could instead be amended to prohibit large commercial developments.

Mike Nebelung, also of Black Point Road, agreed and expressed concern that removing commercial zoning could reduce property values.

Another Black Point Road resident, Tom Schuch, questioned the reasons for the proposal and its potential effects on property values, subdivision opportunities and traffic.

Schuch also noted that the Planning Commission had found the proposal inconsistent with the town's Plan of Conservation and Development. Because of that finding, approval would have required at least four affirmative votes from the six-member Zoning Commission.

Black Point Road neighbor Amanda Lewis said removing the commercial designation would be unfair.

No residents spoke in favor of the proposed change.

The commission closed the public hearing by a 6-0 vote before withdrawing the application during its regular business session.

Elderly Housing Proposal Draws Opposition

Commissioners also continued a public hearing on a proposed zoning amendment that would allow changes to certain multifamily housing developments for older residents.

Attorney Harry Heller, representing 283 BPR LLC, proposed changes to Section 25.5 of the zoning regulations governing multistory housing for the elderly.

The amendment would increase the permitted number of dwelling units in certain garden-style buildings from six to nine and allow up to 20 percent of units to be occupied without age restrictions.

Heller explained that the additional units could be accommodated in taller buildings rather than larger building footprints, potentially reducing stormwater runoff and allowing more efficient use of development sites.

The proposal calls for one-bedroom units, with ground-level access to parking for garden-style apartments. Developments would require special permit approval from the Zoning Commission.

Heller said the amendment could provide more rental housing options for older residents who cannot afford condominiums.

He also suggested that allowing younger residents in some units could provide social and practical benefits, including assistance with groceries, technology and emergencies.

The proposed amendment would not alter existing age-restricted communities.

Opponents questioned the potential consequences.

Martha Goodloe, of Carlisle Lane, expressed concern about changing zoning regulations to accommodate a particular developer rather than requiring applicants to demonstrate a legal hardship through the variance process.

Attorney Gregory McCracken, representing Chapman Woods, raised concerns about the proposed 80-20 percent occupancy arrangement.

McCracken explained that federal rules generally require at least 80 percent of occupied units in qualifying 55-and-older communities to have at least one resident who is 55 or older.

He argued that immediately allocating the remaining 20 percent to younger residents could create problems for surviving spouses who do not meet the age requirement after an older spouse dies or enters long-term care.

McCracken said the proposal could have unintended consequences for residents and jeopardize a development's ability to maintain its age-restricted designation.

No members of the public spoke in favor of the amendment.

Peck recused himself from the hearing, and alternate Kerry Edwards participated in his place.

The commission voted 6-0 to continue the hearing. No final decision was made on the proposed amendment.

Coastal Home Construction Approved

The commission unanimously approved a Coastal Area Management site plan review for the demolition and replacement of a single-family house at 9 East Shore Drive in Niantic.

Applicant John Bonelli told commissioners the existing house would be demolished and replaced on a level lot several hundred feet from coastal resources.

Bonelli said the project would have no coastal impact.

Zoning official William Mulholland explained that the property falls within Black Point's zoning jurisdiction, limiting the East Lyme commission's review to coastal management requirements.

The commission determined that the proposal complied with applicable Coastal Area Management Act requirements and that reasonable measures had been taken to mitigate adverse effects on coastal resources and future water-dependent uses.

Jett-Harris moved to approve the application, Commissioner Cathy Yuhas seconded, and the motion passed 6-0.

Veterinary Clinic And New Home Applications Received

Commissioners received two additional applications that will be scheduled for future consideration.

Bella & Lee Development Group LLC submitted a special permit application to establish a small-animal veterinary clinic at 2 King Arthur Drive in Niantic.

Kate Berry submitted a Coastal Area Management site plan review application for construction of a single-family dwelling at 36 Brainerd Road in Niantic.

Mulholland said both applications would be scheduled for review.

Other Commission Business

Ex-officio member Roseanne Hardy reported that the Board of Selectmen was considering installing six speed cameras in school zones and areas with high accident rates.

Hardy emphasized that the proposed devices were speed cameras, not Flock license plate recognition cameras.

The commission also heard from Nick Fulton, who has a pending zoning regulation amendment application in Old Lyme.

Fulton said Old Lyme officials had requested comments from East Lyme. Mulholland reported that East Lyme's planning director had found no adverse effects from the proposal and that those comments would stand.

Commission Chairwoman Anne Thurlow asked about required training for zoning commissioners. Recording Secretary Jessica Laroco said she would assist in obtaining training videos.

The commission also unanimously approved the minutes of its Oct. 15 meeting.

The Nov. 5 meeting began at 7:30 p.m. at East Lyme Town Hall and adjourned at 9:15 p.m.