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East Lyme Planning Commission finds zoning amendment consistent, agrees town acquisition is consistent; continues two subdivision hearings

East Lyme Planning Commission · April 14, 2026
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Summary

The commission voted 6-0 to find an outdoor-dining zoning amendment consistent with the Plan of Conservation and Development, found the towns proposed acquisition of 10,338 sq ft at 45 Moscow Road (part of the Daryl Pond dam) consistent with the POCD, and continued public hearings for 29 Upper Walnut Hill Road and 46 Branard Road to the next meeting to allow outstanding reviews and application supplements.

At its April 14 meeting the East Lyme Planning Commission took several formal steps on referrals and applications: it found a zoning amendment on outdoor dining consistent with the Plan of Conservation and Development, recommended the towns proposed acquisition of land containing part of the Daryl Pond dam be consistent with the POCD, and continued two subdivision public hearings to allow applicants to complete outstanding reviews and documentation.

Zoning referral: outdoor dining The commission reviewed a municipal referral from the East Lyme Zoning Commission to amend section 20.25 to clarify outdoor dining rules in CA and CB zones. After brief discussion that the revised language adds flexibility for indoor/outdoor seating and supports local restaurants, the commission voted 6-0 to find the amendment consistent with the Plan of Conservation and Development.

Town acquisition: 45 Moscow Road (Daryl Pond dam) Commissioners reviewed an application for the town to acquire 10,338 square feet at 45 Moscow Road that contains part of the Daryl Pond dam. Staff said the property owner is offering to donate the parcel to enable the town to own and maintain the dam. Commissioners asked staff to follow up on long-term maintenance responsibilities and potential costs; the commission voted 6-0 to find the acquisition consistent with the POCD (citing chapter 12 in their motion). The vote was a consistency finding only; no acquisition or appropriation was approved at the meeting.

Public hearings continued: 29 Upper Walnut Hill Road and 46 Branard Road The commission continued the public hearing for 29 Upper Walnut Hill Road because the applicant was not present and staff reported outstanding health-district and state archaeologist reviews and a submitted stormwater waiver; the commission voted 6-0 to continue the hearing to the next meeting to allow those reviews to be completed.

Applicant John Paula asked to continue the public hearing for the 46 Branard Road resubdivision after discovering and beginning to resolve a septic-system issue on the property; he said his engineer will supply updated documentation. The commission voted 6-0 to continue that hearing to the next regular meeting.

Votes at a glance - Motion to approve March 10 minutes as amended: approved, voice vote 6-0. - Motion to table approval of March 17 special meeting minutes: approved, voice vote 6-0. - Motion to find zoning amendment (section 20.25; outdoor dining) consistent with the POCD: approved, vote 6-0. - Motion to find town acquisition at 45 Moscow Road (10,338 sq ft; Daryl Pond dam) consistent with the POCD (chapter 12): approved, vote 6-0. - Motions to continue public hearings for 29 Upper Walnut Hill Road and 46 Branard Road: both continued, votes 6-0.

What to watch next Staff will follow up with applicants and with the town engineer and health district to confirm outstanding reviews for the Walnut Hill application. Commissioners asked staff to provide further information on maintenance-cost estimates and the towns options for the Daryl Pond dam parcel before any acquisition decision is finalized by the selectboard.