Application Denied for Controversial Smith Neck Rd. House in 5-0 Vote at Monday’s Old Lyme Zoning Meeting

OLD LYME—UPDATED 1/11 at 12:10 pm: The ‘Record of Votes’ related to Monday night’s meeting has now been published. Regarding the Special Permit Application to
replace and construct a new 5-bedroom residence with an attached 2 car garage at 43 Smith Neck Rd., RU-40 Zone, Jeffrey and Emily Merriam, applicants, the Record states, “A motion was made by D. Savageau, seconded by J. Marsh to DENY without prejudice the special permit. The Motion further stated that insufficient evidence had been submitted to allow the Commission to find the proposed activity would have or would be reasonably likely to have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water, or other natural resources of the State of Connecticut.”

UPDATED 1/11 at 1am: The application for the proposed 11,000 sf house at 43 Smith Neck Rd.was denied without prejudice in a unanimous 5-0 vote at Monday night’s Old Lyme Zoning Commission meeting.

Around 50 people attended the meeting.

UPDATED 1/10 at 7pm with corrected number of days for Zoning Commission to deliberate. The proposed 11,000 sf house at 43 Smith Neck Rd. is back on the Old Lyme Zoning Commission’s agenda tonight. Their Regular Meeting starts at 6:30 p.m. in the Meeting Room at Old Lyme Town Hall.

Appearing as the first item under Old Business, the agenda item states, ” 43 Smith’s Neck Road, RU-40 Zone. Special Permit application to replace and construct a new 5-bedroom residence with an attached 2 car garage. Jeffrey and Emily Merriam, applicants.”

The Zoning Commission closed the Public Hearing at the end of the previous Jan 13 meeting. This means no further public comment can be heard on the matter and the Commission cannot ask any additional questions of the applicant.

The Commission must render a decision within 65 days of closing the Public Hearing. Members could vote on the proposed plans tonight but are not obliged to do so. They will, however, deliberate on the proposal this evening in a public setting but cannot entertain any comments from the public or ask any further questions of the applicant or their representatives.

At the Zoning Commission’s Regular Meeting on Jan. 13, some 17 residents offered opinions and concerns during the Public Hearing on the proposal. The comments made by members of the public all expressed a negative point of view towards the proposal.

Those commenting variously asked the Commission outright to deny the application for the 11,000 sq. ft. eight-bedroom, seven-bathroom house with two laundries, a swimming pool, and extensive gardens; or send it back to the Connecticut River Gateway Commission for further review; or to request answers to the numerous still unanswered questions by the applicant; or a number of other questions.

Related articles and letters published on LymeLine.com are as follows:

Letter to the Editor: Residents Urged to Attend ‘Crucial’ Zoning Meeting, Jan. 13 By Elizabeth Karter Published 1/4/2025

Letter to the Editor: Neighbors Question if Well Water Supply Sufficient for Proposed 7-Bathroom House on Smith Neck Rd., Old Lyme Zoning to Discuss at Monday Meeting By Claire and John Griffin Published 1/13/2025

Old Lyme Zoning Meeting Draws Over Capacity Crowd; Halls Rd. Overlay District Item Postponed to New Meeting, Wednesday By Admin Published 1/14/2025

Letter to the Editor: Support Old Lyme Zoning Commission in Enforcing Regulations for Smith Neck House Plan, Reminder That a Hill is Still a Hill By Elizabeth Karter Published 1/18/2025

Letter to the Editor: Smith Neck Rd. Proposed House Poses ‘Serious Threat’ to ‘Natural Beauty’ of CT River Valley By Susan and Thor Kayeum Published 1/20/2025

Letter to the Editor: Zoning Abyss in Old Lyme Means “No Rules” for Many Properties 

To the Editor:

There are no rules in Old Lyme for lots of people’s property, in my professional view.  The Zoning Commission needs a wholesale change from electors. 

I just sat in on a zoning meeting for a proposed 11,500 s.f house on Smith Neck Rd, quite large house, and the third, long, drawn out meeting for the same single property (it consumed the entire January zoning meeting, while other matters were pushed a month).  I am not affected at all by the proposed new house, except for twice a month in the summer when I put in for a kayak, it is at the head of Smith Neck.  I completely understand 11,500 s.f. is big, but if it is allowed, that is not a problem – I myself would not want it, but rules are rules, and it is very remote from most all properties, not impeding any views from existing properties.  The Zoning Commission on February 10th denied approval based on an arcane regulation overlay, and gave the unfortunate property owners no guidance whatsoever on how to proceed – the entire Commission said, in essence, “Come back to us with another idea, and we will tell you if we like it.”  That is absolutely not fair or judicious.

Apparently, the proposed house comports with Old Lyme zoning regulations (which, by the way, the same current zoning regulations allow for adult entertainment in C30 zone, insane, but the Zoning Commission must be burdened with other revisions…) but did not comport with some vague, crazy overlay regulations from the state funded Gateway Commission, whose regulations Old Lyme adopted wholesale with no changes (typical of our Zoning Commission), even if with our lovely town might not need some of the generic suggestions.  Most citizens know nothing of this adoption, which process is evocative of the wholesale adoption of generic zoning long ago that created the giant mess we have today in New England, which 1960’s ideas were great for new municipalities with perfectly square one acre lots and defined commercial, industrial, etc. areas not yet even developed in the Midwest or Florida, but created a dystopia like we have in Old Lyme.

In full disclosure, I purchased 99 Halls Road empty lot from Essex Savings Bank when they were considering selling to a group that would have a gas station on the lot.  I have kept it empty as Zoning in its current incarnation considers revisions to regulations.  I bought the property four years ago – I am pretty sure I will be waiting for certainty of regulation for a much while longer after my observations tonight, but at least the Town does not have another gas station that so many people do not want.

I know many, many people have been subjected to Zoning and Zoning Board of Appeals in town.  My suggestion to my fellow residents is that the elected positions need to be filled with qualified, not emotional or political, people who can finally create clear rules for which all may abide – here is what you can do, and here is what you can’t do, without having a six month tribunal experience.  Please talk to your neighbors, this is not a small subject for us here in Old Lyme.  I pray your modest garage project goes smoothly, but I may offer it is likely to be a six month project that should be one month.

Sincerely,

J. David Kelsey,
Old Lyme.

Logan Landry Advances Towards Eagle Scout Status with Bridge Construction in Old Lyme’s Bartholomew Open Space

A job well done—Members of Lyme-Old Lyme Boy Scout Troop 26 relax after completion of the bridge-building project with some of the volunteers who assisted. All photos by Andrea Fenton.

LYME-OLD LYME—As part of his qualifications to gain the prestigious Eagle Scout honor, Logan Landry, a member of Lyme-Old Lyme Boy Scout Troop 26, designed a 25 ft. long bridge to be installed over a flooded—and hence closed—trail in Bartholomew Open Space in Old Lyme.

Moving the telegraph poles needed all hands on deck.

On Feb. 1, Landry successfully coordinated construction of the bridge. He was assisted by several older and fellow Troop 26 Scouts including Ryan Ortoleva, who is already an Eagle Scout, and Charlie Zelek. Landry’s family, including his brother Brenden Landry—who is also an Eagle Scout— also assisted.

The work continued despite the icy conditions.A great dealmof measuring

Brenden had previously built several foot bridges on Old Lyme Land Trust property off Boggy Hole Rd. in the town.

A great deal of measuring was required to complete the project.

Also in attendance were Open Space Commission members Peter Norris, who serves as Head Steward, Evan Griswold, Joan Meek and Andrea Fenton. Mike Aurelia of the Old Lyme Inlands Wetlands Commission also joined the project.

Installing the final horizontal planks was a satisfying moment for all involved.

Material contributions, also coordinated by Logan, were made by Eversource (telephone poles), Middlesex Tree (locust logs), Beard Lumber (wood planks), Gregg Landry Plumbing and Heating, and Teddy’s Pizza (pizza for the crew.)

Success! Logan Landry stands atop his just-constructed bridge.

A spokesperson for the Old Lyme Open Space Commission commented, “The Commission is very proud of and grateful to Logan who initiated this project and allowed the Bartholomew Trail to be open once again.”

Old Lyme Girls Are Indoor Track Shoreline Conference Champions!

The Old Lyme Girls Indoor Track team secured first place in Friday’s 2025 Shoreline Conference championship. Photo credit: Lyme-Old Lyme High School.

NEW HAVEN, CT—Competing at the Floyd Little Athletic Center on Friday, Feb. 7, in New Haven, CT, the Old Lyme girls team won the Indoor Track Shoreline Conference Championship. Haddam-Killingworth (H-K) came in second place and Cromwell third.

Key Old Lyme results for 1st team All-Conference-Girls were as follows:

  • Serena Mazzi: 1st place 55m dash 7.55, 1st place long jump 16’5.25″, 2nd place 300m 44.17
  • Tabitha Colwell: 1st place 4 x 200m  1:55.18, 2nd place long jump 15’6″, 3rd place girls 55m 7.80
  • Zoe Eastman-Grossel: 1st place 4x200m 1:55.18, 1st place 600m 1:43.81, 1st place 300m 40.81 (meet record)
  • Kate Walsh: 1st place 4 x 200m 1:55.18, 2nd place 600m 1:44.66, 1st place SMR 1600m Relay 4:48.31
  • Chase Gilbert: 1st place 1000m 3:02.39, 1st place 1600m 5:11.66, 1st place 3200m 11:22.21
  • Lane Lopes: 1st place 4 x 200m 1:55.18, 1st place Sprint Medley Relay (SMR) 1600m Relay 4:48.31
  • Gabrielle Field: 1st place SMR 1600m Relay 4:48.31
  • Magdalena Tooker: 1st place SMR 1600m Relay 4:48.31

The Old Lyme boys team finished fifth in their championship. The winners were Cromwell followed by H-K.

Key Old Lyme results for 1st team All-Conference-Boys were as follows:

Tyler Cann: 1st play shot put 52’4″
Patrick Lynch: 1st place 55m dash 6.68, 1st place long jump 22’7″ (meet record)
Rowen Mesiener: 1st place SMR 1600m Relay 3:57.38
Aidan Carpentino: 1st place SMR 1600m Relay 3:57.38
Kevork Shegirian: 1st place SMR 1600m Relay 3:57.38
Ryan Ortoleva: 1st place SMR 1600m Relay 3:57.38

Honorable Mention-Boys
Carson St. Louis: 3rd place pole vault 9’6″

Op-Ed: Support HROD—Inevitable Halls Rd. Will Change, Optional Overlay Positions Old Lyme to Better Manage Its Future: Other Choice is Leave it to Chance

Editor’s Note: This op-ed is a response by Howard Margules to the op-ed by Jill and Russell Todd, which we published Feb. 5, 2025 on LymeLine.com. Margules is an Old Lyme resident and member of the Halls Road Improvements Committee.

Thank you for your interest in the Halls Road Overlay District (HROD) zoning proposal—I would like to address your concerns:

Developers Overstepping

You indicated that developers will take advantage of the HROD. The opposite is true. The HROD was designed to incorporate strict guidelines that currently do not exist. Large parcels of Halls Road are up for sale and we are likely to see new construction, especially on the very dated Hideaway side of the road. Developers will have to comply with the current zoning regulations, but they will still have significant leeway, and they easily focus on the needs of the highway travelers rather than on the needs of our residents. Halls Road could wind up looking like the sprawl similar to the four corners of East Lyme. The HROD guards against this. Our goal is to ensure new construction will be consistent with the architecture of Lyme Street. The HROD provides strict guidelines and offers an additional layer of protection that currently is absent in our regulations.

Design Review Board

You indicated there is no guard rail for the Design Review Board. The Design Review Board actually is a guard rail. It will consist of professional architects, whose task is to ensure that new construction is consistent with the architecture on Lyme Street, and not some typical cookie-cutter project. Its sole purpose is to provide oversight, and it exists only when the HROD exists. But it only acts in an advisory role to the Zoning Commission. Zoning has the ultimate authority and is the ultimate guard rail.

Zoning Rubber Stamp

The Zoning Commission has been anything but a rubber stamp. The initial HROD application was rejected, and It has now been revised in order to address their multiple concerns. Zoning Commission members have taken their job very seriously and spent a tremendous amount of time and effort delving into the complexities of the HROD. All of the members of the commission are both very experienced and extremely knowledgeable about zoning issues. The HROD has also been scrutinized and approved by the Old Lyme (OL) Board of Selectmen and the OL Planning Commission (who also originally rejected it), as well as receiving the endorsement from the OL Economic Development Commission.

Septic Systems

You are correct that new septic systems might eventually have much greater capacity. But for the foreseeable future, redevelopment will be confined to the larger parcels. Most of the lots fronting Halls Road are only one or two acres and that makes them less attractive to develop. Keep in mind Halls Road is less than a mile in length.

Parking

Parking continues to be a significant restraint to over-development, and I would assert that parking is a major expense. So yes, the HROD does allow free-standing parking garages, provided they are built at least 120′ from the lot’s frontage. They are under the same size limitations as any other building: three (3) stories, 35 ft. max., 20,000 SF footprint max. They are also under the same Design Review Board scrutiny, and must be designed creatively to pass muster. The size is small for a parking garage. It might be profitable in a major city, but it is unlikely to be built in Old Lyme. The cost per space is very, very high at this small scale. Cost considerations can change over time (even car sizes, as some of us know), so garages are permitted, even if currently unlikely. 

Exaggerated Renderings

The renderings you saw at the Open House were used as the basis for creating the overlay zone. We provided Zoning with additional detailed drawings in order to assist them in picturing the actual dimensions. The longest buildings on both Lyme Street and Halls Road range from 147 ft. to 488 ft. Hence a 200-ft. building is in line with the proportions of existing buildings in town.

The Open House renderings were derived from scaled AutoCAD files and generated to envision what a town center could look like, not actual proposals. All new construction will have to conform to the HROD guidelines. The Architectural Review Board will make recommendations and Zoning will make the final decision. We realize there are renderings circulating that depict large “cookie-cutter” buildings. These are not what we are proposing.

Our Future

Halls Road is going to change since large parcels are up for sale. Our choice is to leave it to chance, allowing commercial developers to build projects that serve highway travelers or to provide incentives for future development that meet the commercial and cultural needs of our community, including alternative housing options especially for seniors looking to downsize and young people who cannot afford single family homes.

Introducing the optional overlay will position our town to better manage its future. The HROD proposal contains specific features that the residents told us they desire including: a vibrant, walkable and attractive town center, alternative housing options, a bike trail, safe streets, and a sustainable commercial center focused on the local community.

My guess is we both have the same goals in mind. But feel free to contact me if you still have any questions or concerns.