Zoning Commission Say East Lyme Can't Sacrifice Light Industrial Space For Affordable Housing

After careful consideration, East Lyme Zoning Commission reached consensus on JAG Capitol Drive LLC's resubmitted proposal for the development of affordable housing in the town's light industrial zone last night, and the answer was still no.

Commission members stressed that they were all in favor of affordable housing and that they had no issue with the development itself, which was well-designed. It was simply a matter of location.

The town both wants and needs more affordable housing, commission members agreed, but it also wants and needs more industry and the industrial zone on Capitol Drive is the only space available in town for the latter.  

"The other industrial parks are pretty much full," said Zoning Chairman Marc Salerno, noting that if the board agreed to the developer's request, "we're only going to have one or two lots left. That's a problem for this town. We need industry in this region." 

At previous hearings on the issue, the developer stated that the land was initially purchased with light industrial uses in mind but after trying and failing to find any businesses interested in moving to the area, the developer changed tacks because residential housing seemed a more promising proposition. 

Salerno, however, pointed out that developer bought the land just as the recession hit home and that he, for one, remained unconvinced that there was no possibility of finding tenants in need of industrial space.

"There is plenty of land for affordable housing," Salerno said. To further reduce the space available for light industry, he added, "would do a disservice to this town."  

Commission member Norman Peck pointed out that at least two of the businesses currently situated in the industrial zone testified at previous hearings that they were looking to expand. If the commission allowed the housing development to go through, they would have no space to grow and would be forced to move out of town. 

Commission members also said that, after hearing businesses located in the light industrial zone testify as to some of the hazards posed by their operations, they had concerns for public safety. Manufacturers based there use toxic chemicals, run 24-hour operations, and trucks come and go at all hours.

That's very different, Peck noted, from other areas in town where residential housing abuts an industrial zone. The development on Liberty Way, for instance, which JAG Capitol Drive cited as an example, is really more office space than industry and the town has pages of regulations specifying how the industrial zone had to be developed, landscaped, and used to ensure that it would not be incompatible with residential uses.

That is not the case on Capitol Drive, which has some pretty heavy "light" industry and, frankly, isn't much to look at, Peck said. 

Commission member Matthew Walker pointed out that East Lyme zoning regulations don't allow residential uses in a light industrial zone. And, even though the developer's attorneys have argued that town zoning laws are trumped by state law that allows exceptions for affordable housing, "we have some discretion," Walker said. 

"It comes back to the issue of public safety and there would be serious concerns," Walker said. 
 
Following last night's discussion, the Zoning Commission asked the town attorney to draft a decision denying JAG Capitol Drive LLC's application. The commission will vote on that at its next regular meeting on June 6.