After the hours of testimony in two Old Lyme Zoning Board of Appeals meetings and an Old Lyme Zoning Commission meeting, it took less than 30 minutes for the members of the ZBA to determine that there has been a change of use at The Chocolate Shell and to uphold Zoning Enforcement Officer Ann Brown’s Cease and Desist order on the café being operated in the store by owner Barbara Crowley.
Zoning Board of Appeals Chairman Judith McQuade stressed that members must simply answer the question, “Has the use changed? That’s what we want to know.”
Karen Coniff responded, “I do think there has been a use change. I appreciate what she [Crowley] is doing there. I just don’t think it’s the same use.”
Noting that although the café is, “a really nice thing for the town,” Kip Kotzan said, “I can’t say I really like it, so I’m going to pass on it [enforcing the regulations.] He cited the re-doing of the space, the change of hours, the introduction of wi-fi and the extension of the fence as indicators of a change of use at the store.
Mary Stone similarly stressed that the board should confine their decision to “a very narrow area,” and then also expressed the view, “There has definitely been an expansion of use.”
McQuade said it was important to distinguish between an ‘expansion’ of use and a ‘change’ of use, as the former might be permissible.
Commenting, “It was a whole different proposition,” after the café opened, Arthur E. Sibley noted, “It wasn’t there before,” adding, “The decision was made in this town to preserve Lyme Street as much as they possibly could … I don’t think there’s any doubt this is a change of use … this operation is not really compliant and I don’t think we should allow it.”
Kotzan summed up that the café is “pretty clearly a change of use,” but stressed again that the board was, “not making a judgement that it was a bad thing.” He suggested that if the process were followed, a permit application for the café might be approved by the Zoning Commission in due course.
When McQuade called the vote after a motion by Sibley was made to uphold the Cease and Desist, the vote was unanimous.
This stinks. This is why there are no jobs in this town, it is not a town for small businesses. Everyone says “support local”,,I don’t see the support at all , pretty soon there will be NO small businesses in town at all.
I hope Barbara will apply for a permit application, but I’m sure there will be those stick in the mud residents who will object t that as well
How hypocritical of the ZBA board to deny such an innocent enhancement to a small town shop that is quite well knitted into the fabric of the historic community district
Look at the history of the location where there once sat a pharmacy, grocery and other small town shops.
What has changed?
Maybe we should change Lyme St to include more apartment buildings , Like the massive apartment complex that was constructed and quietly approved by the ZBA to be constructed within the same Lyme St proximity, no less the “HISTORIC DISTRICT “.
Something to ponder, is the town better served with altering the integrity of Lyme St by classifying a Housing Project as Student housing, with a side deal for apartment conversion if the school is not successful?
Or is this simply a way to mask a prior decision that surely was inconsistent and at best POOR!
By implying “preserving the integrity of our Lyme St as much as you could, ZBA failed the town and its stated intent.
Too little too late, Think about it!
How hypocritical of the ZBA board to deny such an innocent enhancement to a small town shop that is quite well knitted into the fabric of the community district.
Look at the history of the location where there once sat a pharmacy, grocery store and other small town shops. How about Nightingales Acoustic cafe 1 block up the street?
What has changed?
Maybe we should change Lyme St to include more apartment buildings, like the Massive apartment complex that was quietly approved by the town to be constructed within the same Lyme St proximity, no less the “Historic District”
Something to ponder, is the town better served with altering the integrity of Lyme St by classifying a Housing project as student housing, with a side deal for apartment conversion if the school housing is not successful ?
Or is this simply a way to mask a prior decision that surely was inconsistent and at best POOR!
By implying ” preserving the integrity of our Lyme St as much as we could, ZBA failed the town and its stated intent.
Too little too late, Think about it!