Letter to the Editor: Response to Smith Neck Road Owner on Zoning Appeal and Public Review

To the Editor:

The Merriams sued the Town of Old Lyme because they claim our Zoning Regulations were “illegally vague,” yet countless applicants before them understood and complied with these same requirements. A unique characteristic of suing the Town when a Zoning application is denied is that it allows for a settlement overseen by a judge. This removes the zoning process from local control that would otherwise include resubmitting a new plan that is subject to timely public review.

Merriam’s claim that the primary benefit of approving the modified plans is to settle the litigation is ironic since he started the litigation and he should not be rewarded for resolving it by submitting a non-compliant plan. The way to “settle” the lawsuit is for the Merriams to withdraw the lawsuit and follow the rules laid out clearly in Section 4.10.12.1 of Old Lyme’s Zoning regulations on which we have all counted. The simple fact is that Mr. Merriam’s originally proposed plans to build a non-conforming, 11,000-square-foot house with a wall of glass, close to the waterfront and to radically regrade the hillside that did not comply with any of the five Findings requirements laid out in Section 4.10.12.1.f. Merriam claims that they have made “significant modifications” but he does not state that the revised plan is compliant with the zoning regulations. I have two simple questions:

Why not immediately withdraw the lawsuit and submit revised, compliant plans through the normal zoning process like everyone else?

Why not share any supposedly compliant plans with Zoning Commissioners, the public, and the Connecticut River Gateway Commission before rushing Commission votes?

As a direct abutting neighbor, I am focused on these issues and have counted on the integrity of the Town’s regulatory process to protect the Town and our property rights. However, I am also speaking up to protect Great Island, and all the users of the Smith Neck Boat launch. We are all stewards of our beloved town and failure by the Zoning Commission to uphold the regulations could result in significant degradation of an important public space and environmental resource. Mr. Merriam suggests the Commission “represents the interests of the entire town” — absolutely correct. That’s precisely why the Commission’s vote should rely on the regulations, require time for full public review and comment, and not be pressured to allow for an inadequate settlement made behind closed doors merely to stop further litigation.