To the Editor:
We are writing to express our strong support for the Old Lyme Zoning Commission in its defense against a lawsuit brought by the Merriam family against the Town of Old Lyme for rejecting their application for a “Special Permit” for new construction at 43 Smiths Neck Road.
It is unfortunate that given all the advantages that money can bring, the Merriams would choose to sue the Town of Old Lyme rather than use all those resources to create a beautiful home, taking advantage of a unique location, while complying with our Zoning regulations. The plans submitted for the property at 43 Smith Neck Rd have been rejected by both the Gateway Commission and the Town of Old Lyme, but even so, they have the opportunity to resubmit a plan in conformity with zoning. Rather than do this, they have chosen to sue the town.
The Merriams’ argument that their proposed construction should be approved simply because similar houses exist in the area demonstrates a fundamental misunderstanding of how zoning regulations work. This logic is deeply flawed. Using past construction or outdated regulations to justify new violations is akin to arguing that because the drinking age was once 18, we should continue allowing 18-year-olds to purchase alcohol despite the current legal age being 21. Laws and regulations evolve for good reasons and our community benefits when they are consistently applied.
The Gateway Commission’s standards exist to preserve the unique character and environmental integrity of our community. These guidelines weren’t created arbitrarily but were thoughtfully developed to protect our town’s natural beauty and property values for all residents. The Zoning Commission has a responsibility to uphold these standards uniformly, not to make exceptions based on comparisons to structures that may have been built under different circumstances or different regulatory frameworks.
Perhaps most concerning is that this lawsuit forces Old Lyme taxpayers to foot the bill for legal proceedings that could have been avoided. If the Merriams believe they were misled about what construction was permissible, their grievance lies with the contractors who failed to adhere to Gateway and Zoning regulations, not with the town that is simply enforcing its rules. By suing Old Lyme instead of addressing these issues with their contractors, the Merriams are unnecessarily depleting public resources that could be better used serving our community.
As residents, we all have a stake in ensuring that our zoning regulations are enforced fairly and consistently. The Commission’s stance in this matter protects not just the integrity of our regulations but the interests of all Old Lyme citizens who follow the rules and expect others to do the same.
We urge our fellow residents to stand with the Zoning Commission as it upholds the standards that keep Old Lyme the special place we all choose to call home. Let’s support our town officials who are simply doing their job by enforcing the regulations that protect our community’s character and environment.
Sincerely,
Fred and Andrea Fenton,
Old Lyme