Old Lyme - What can and can't be done at a Lyme Street business has drawn differing opinions both among residents and a town board, one year after a similar issue cropped up on the town's main street.

The Zoning Board of Appeals was unable to reach a consensus Tuesday on whether or not to uphold a cease-and-desist order against the Vitality Spa, with one board member leaving in frustration over the discussions.

The order against the spa states that certain activities - including yoga and acupuncture - are not allowed at its location under zoning laws. Last year, a cease-and-desist order against the Chocolate Shell on Lyme Street, a residential thoroughfare with grandfathered-in businesses, also brought out contrasting views.

An attorney representing several neighbors said the board's two failed motions on Tuesday means the order is upheld. The board said it will consult with its attorney.

The Vitality Spa, under owner Lindsay Eisensmith, had acquired additional space next door, previously the Diane Birdsall Gallery, and received a permit for a minor change in use. Zoning Enforcement Officer Keith Rosenfeld issued an order this fall that some of the spa's activities, including Barre Workout-type exercises, yoga, acupuncture, spin bike exercises and chiropractic services, were not allowed as "legal non-conformities." Rosenfeld said grandfathered-in businesses within the residential zone can only have uses directly related to the previous activities at their locations. Activities such as meditation and massage are allowed, because they are related to the location's previous use as a spa.

Letters on file at town hall show concerns among some residents over traffic and parking from the business, while others said the spa is part of the atmosphere that makes Lyme Street vibrant.

On Tuesday, Eisensmith, whose business moved into the Lyme Street location in 2010 and who was accompanied by Warren Hannas, the owner of the Village Shoppes where the spa is located, said she has a background in wellness and had considered the activities to fall under those associated with a spa.

"I made it clear from the get-go that this is the spa I was creating," she said. Eisensmith said she could add conditions to the uses to prevent a "slippery slope." Eisensmith said she had previously held small classes of three, so it's only a matter of wanting to expand classes up to eight people.

John Bennett, the lawyer for several neighbors, said the uses mentioned in the order would make the business even more "non-conforming" for the street.

"They are entitled - the entire community is entitled - to the protection of the zoning regulations," he said about his clients.

Throughout discussions that lasted past midnight, ZBA members grappled with questions over a "slippery slope," the difference between an "intensification of use" or a "change in use," and how to balance interests on Lyme Street. To consider whether or not each activity is allowed, a town attorney suggested considering whether it is a pre-existing use and then the scope of the activity, such as the time of a class or the number of people in it.

Board member Mary Stone cast the sole vote for allowing all the activities, but limiting them to no more than two people at a time.

Judy McQuade, Kip Kotzan and Nancy Hutchinson voted to uphold the ZEO's order, except for yoga, since there is evidence that the spa has held small yoga classes in previous years. Stone opposed.

The motion did not pass, since the ZBA's rules require four votes. Arthur E. Sibley left before that vote. He said earlier in the meeting that the board should uphold the order, because the town decided years ago to constrain activities on Lyme Street and zone it as residential.

k.drelich@theday.com

Twitter: @KimberlyDrelich